Dive Flag Legalities
CDN:
In the November, 1999 issue of California Diving News, Dale Sheckler wrote: "By law, boaters are required to stay well clear of any boat displaying the dive flag."
I'm not a lawyer, but I don't think this is true.
I did a search in the online copy of the California Code of Regulations. Only Title 8, Industrial Relations, mentions a dive flag, and this is with respect to commercial divers. It requires that an Alpha flag (not the red with white stripe) be flown, but does not place any requirements on other boaters. Title 7, Harbors and Navigation, and Title 23, Waters, do not mention the dive flag at all.
The net is that it would appear that a dive flag has no legal meaning in California. It's not required and places no particular requirements on other boaters. This isn't right but that's the way it is.
Too many boaters think all they need is the keys and a six-pack. They don't go take a course from the U.S. Coast Guard Auxiliary or the U.S. Power Squadron. Unfortunately, AB1287, which would have required a "boater license" was on the Governor's desk when the accident occurred at Catalina in October. Governor Davis vetoed it on October 10.
Chuck Tribolet
via e-mail
Dive Flag Editorial Corrections
A number of errors were made in last month's editorial entitled "Dive Defensively, Report Unsafe Boaters."
The divers run over by the boat were some distance, 200 to 300 yards, from the nearest boat displaying a dive flag (the divers were not from this boat). The boater was aware of what the dive flag meant, but could not see the flag as the wind was blowing it directly at him. No charges are being pursued. It was an unfortunate accident.
There is no California law specifically citing the use of dive flags and how they should be avoided by boaters. There is Los Angeles County regulation requiring divers more than 200 yards from shore to use a dive flag, but nothing with regards to boaters staying clear of that flag. There are the international "Rules of the Road" requiring stationary vessels with divers down to display lights in specific configuration or the "Alpha" flag, but these rules are more to avoid collision vessel to vessel. California Harbor and Navigation code (section 668c) states that a vessel cannot be operated in a dangerous fashion but without any specific reference to dive flags or divers. Laws regarding how boaters should treat the classic "diver down" flag are vague or nonexistent.
And finally, not all power boats in California will have a CF number on the bow. "Registered" boats (usually larger vessels) display a boat name and home port on the stern. - Editor
Casino Pt. Courtesy Encouraged
Dale:
The newly installed cement staircase, at Casino Point, on Catalina Island is a much welcomed luxury. However, after diving Casino Point a couple weeks ago, I saw something that I thought needed to be addressed. There were several divers sitting and standing at the bottom of the stairs, donning their equipment. Behind those divers, were other divers already suited up, and ready to walk in, that were waiting for the traffic jam to clear at the bottom of the steps. In addition, many divers were waiting just outside the bottom to return to shore.
The staircase was installed to add to the fun, and ease of diving at this awesome site. New divers might be reminded that the narrow entry point of dive sites, and the entry gates of dive boats are not the place to put on BC's, gloves, hoods and dive knives. I noticed some veteran divers walk down the stairs, wearing everything except fins. Once at the bottom of the stairs, they walked in, donned fins, and descended.
By the way, I would like to thank those responsible for installing the stairs. It is an incredible addition to an already awesome dive spot.
Tony Pelato
Fontana, CA
Tony:
The finishing touches have been put on the stairs at the Avalon Underwater Park. A hand rail and signs have been added. The best time to dive the park is now. Crowds are down and conditions are great.
Editor
There are No Secret Spots
Greetings from Sonoma County:
I wanted to respond to the secret spot in Gualala. First off, Robert is a jerk to think that his spot is secret. I've been abalone diving Mendocino and Sonoma counties for 19 years. There are no secret spots. There are however, hard-to-get-to spots. Some spots you need permission to cross private land or a boat to get to the secret spot. The last time I checked the locals did not own the ocean. I have witnessed the decline of the ab population. You used to get your limit in five minutes; now it takes 20. It's not because you tell people about dive spots. It's because of the Bay area poaching rings and the lack of man power from fish and game. D.F.&G do a good job. They just need more wardens.
I enjoy your magazine and dive the North Coast at least once a month. Have you ever put together a book on all your North Coast diving spots? Please let me know. I have dived all along the California coast and Channel Islands, as well as the Caribbean and South Pacific. When the vis is good on the North Coast, it's the best diving in the world. Thanks for a great magazine.
Jack
via e-mail
Jack:
California Diving News will publish A Divers's Guide to Northern California this spring.
Editor
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