Dive Flag Law

Grant · 07-19-2004, 08:49 AM

I was shopping for a dive flag for use at the Lake and wanted to make sure that the one I was eyeing conformed to "code." It turns out that, in NH, the bottom of a dive flag must be at least three feet above the surface of the water. I could be mistaken, but in all my dives in the Lake, I don't think I've ever used a flag that was that tall. And this includes charters with shops. The problem, I think, is that there are very few floats on the market that allow the bottom of a flag to be at least three feet above the surface.

Does anyone know where you can find such a flag float?

Here's the law:

New Hampshire Revised Statute Title XXII, Chapter 270, Section 270:31, Scuba Diving and Snorkeling:

I. Any person engaged in scuba diving on any of the public waters of the state and any person engaged in snorkeling in normally traveled navigable public waters shall have a diver's flag, consisting of a red flag with a diagonal white stripe, displayed indicating that diving activities are in progress. The bottom of said flag shall extend at least 3 feet above the surface of the water, the view of which shall be unobstructed for 360 degrees.

II. Any person engaged in scuba diving or snorkeling shall remain within 75 feet of their dive flag. Boaters shall remain a minimum of 150 feet away from any posted dive flag, unless there are circumstances which prevent the operator from maintaining a minimum of 150 feet, in which case the operator shall maintain headway speed.

III. The commissioner of safety may adopt rules pursuant to RSA 541-A relative to restricting scuba diving between sunset and sunrise.

jrc · 07-19-2004, 10:25 AM

Can't you fly the flag from the boat?

Personally, I wish divers would use a really big flag. Nothing scares me more than the thought of hitting someone with my boat.

More than once at the Lady of the Lake, I've had the dive boat between me and the dive flag. Now I know any boat anchored in that area is probably diving.

Yeah, I know I posted this before. This one of my pet peeves. Not divers, just tiny dive flags.

Grant · 07-19-2004, 10:55 AM

Quote:

Originally Posted by jrc

Can't you fly the flag from the boat?

You need to be within 75 feet of the flag, and this would restrict your movement. And it often difficult to gauge exactly how far away you are from the boat -- particularly at depth. If you read the law, it doesn't say that you must have it WITH or ATTACHED to you, but that you must be within 75 feet of it. I wonder what the bottom line is...

Quote:

Originally Posted by jrc

Personally, I wish divers would use a really big flag. Nothing scares me more than the thought of hitting someone with my boat.

Usually, on the Big Lake, divers will be near islands. Flags will be visible. And when it's a charter, there are many visible signs and flags. Since boats must remain 150' feet from the flag, the 3-foot-to-bottom of flag rule makes much sense.

Quote:

Originally Posted by jrc

More than once at the Lady of the Lake, I've had the dive boat between me and the dive flag. Now I know any boat anchored in that area is probably diving.

Could be. The charters I've done to the "Lady" have always tied a flag to the bow and stern of the wreck, and the divers are not carrying flags. Divers are required to ascend to and descend from the wreck via the anchor line, so there's little chance of hitting a diver. With a flag tethered to each end of wreck, all divers would be well within the 75-foot range. That being said, I've seen some jokers drop anchor, strap on a harness, and plop over the transom while Betty reads in the boat. Scary stuff.

Quote:

Originally Posted by jrc

Yeah, I know I posted this before. This one of my pet peeves. Not divers, just tiny dive flags.

Well, at least you are AWARE of them -- I see too many boaters who disregard them entirely, which creates an incredibly dangerous situation. Think of what they could do to a downed waterskier (with no flag of any kind)!

Mink Islander · 07-19-2004, 11:02 AM

I just bought another flag last week at my local dive shop south of Boston. It's an inflatable ring about 2 ft in diameter that has a dive flag mounted above it that's much larger than the traditional ones. Very visible. Best part is that the yellow ring has "Diver Below" printed on two sides, lest any pleasure boaters not understand what the flag is there for. Bit expensive at $60 though.

I hang a flag on my boat's light mast and usually tow a float too -- especially in busy areas of the lake. I see way too many folks in Glendale with only a flag on the boat, and sometimes none all. I don't think some of them realize how difficult it is to see a bobbing head covered in black neoprene -- especially in a congested area.

Of course there are plenty of boats who see the flags and care not at all about the safety of the divers in the water and proceed to plow past well inside of 150' rather than be inconvenienced and go around at a safe distance.

Like most things on the lake, there are those who use good common sense and and a few who don't.

Grant · 07-19-2004, 11:14 AM

Yeah -- I suppose the flag on the light staff would work when you can be sure to stay within 75' of the boat, AND make sure that you surface relatively close to the boat. Methinks I'll get a nice big one for the light staff, but I still need a tall floater to pull around...especially for shore/dock dives. LeisurePro had a 5-foot float pole w/weight, but they're out of stock now. I was gonna get the 4-footer, but figured I'd check the laws before buying. Good thing I did -- as I wasn't aware of the three-foot-to-bottom law.

jrc · 07-19-2004, 11:18 AM

Grant, I never realized that the dive flag was attached to the diver. I guess it makes sense when you think about, given the 75' rule.

Big groups are never an issue, usually the boat is marked and there lots of obvious diving activity. I'm sure I must have seen "joker" and "Betty"

I'll keep my eyes open.

Grant · 07-19-2004, 11:26 AM

Quote:

Originally Posted by jrc

Grant, I never realized that the dive flag was attached to the diver. I guess it makes sense when you think about, given the 75' rule.

Not always...but often. A buddy team will typically have a flag and that will be attached to a spool of line. Kind of a hassle to tow around. The smart folks will NEVER attach it to their BC or suit, but hold it in their hand.

The beauty of our local "lake" down here is that no flags are required -- because the only activity going on there is diving -- so no monofilament or hooks or nets or boats to deal with. Just happy fish and divers.

Dutch Springs

jrc · 07-20-2004, 01:20 PM

Dutch Springs looks like Disneyland for divers.

The whole dive flag thing is much clearer now, thanks.

Grant · 07-20-2004, 01:29 PM

Quote:

Originally Posted by jrc

Dutch Springs looks like Disneyland for divers.

Yeah -- it's a fun place to go, and allows me to stay actively diving without incurring the expense & time of an ocean boat dive. Sometimes the viz is excellent -- 40-50 feet -- but on Sunday it was HORRIBLE. Still lots of fun with depths to 100+ feet, and loads of sunken attractions, including a Sikorsky helicopter, plane, bus, trolley car, vans, firetruck, etc. Great place to hone the skills and try out new stuff. Most training dives in the PA-NJ-NY-DE region take place here. You can even get air fills. AND there's no fishing -- allowingall species to grow & thrive. Some of the trout and bass are quite large. Big fun in PA -- can't wait to dive Winnipesaukee this week!!

Winnipesaukee Divers · 07-26-2004, 07:32 PM

Well, at least the one connected to my arm is. As you might have guest I have a bunch of floating dive flags (5 to be exact) and one real large one for the boat (3X5). I keep several to throw out when I have to dive in a congested area or have a large group with me.

The one I use all the time is made up from a 6' mooring pickup buoy very similar to a dive flag in many aspects. The foot of the flag is 3.5 to 4 feet off the water. The reason most dive flags don't meet code is they are designed to be stowed in the dive bag. However, I've had many encounters with the Marine Patrol and one on just this subject. As I peruse my sport I want to comply with the law as much as I can. So, I have found a way to make it right. Even though the dive flag is the bain of diving existence, I consider it like using seatbelts, I really don't think they going to save me, but I want to stack the odds as much in my favor as I can... I guess, it’s kinda like believing in God too.

I've told you many times that the flag only serves to draw attention to me... People see the flag and think it's a floating treasure and not knowing any better just have to have it and therein lies the problem. I know enough to protect myself by only surfacing near my boat or way away from traffic. But, it's a law I can live with...

madrasahs · 07-26-2004, 09:06 PM

Quote:

Originally Posted by jrc

"...I never realized that the dive flag was attached to the diver. I guess it makes sense when you think about, given the 75' rule.

And 75 X 2 = the distance a boat must keep from the flag.

When I last dove Winnipesaukee, I had a yellow tank with a scalloped bottom. Date stamped 1949, I never needed weights in any kind of water, it was so heavy.

I filled it in Laconia (an hour's drive back then), and dove solo -- no flag -- until it came time to throw the unmarked reserve lever atop my DiveAir regulator ("J" or "K" valve -- I didn't know the difference back then) towards what should have been "Reserve".

There was about 30 seconds of "Reserve" air. I was ¼-mile from land and had to swim dragging the empty, but still very heavy, tank below the surface.

I used it again in "Little Blue Springs", Florida. (Nobody seems to know where that is nowadays). What probably saved my life was that I could never clear one ear, and could only dive to about 30 feet.

Today, I always give the diver's flag a wide berth but -- against a low sun -- you can't make out those little flags.

Anyway, isn't the biggest danger to Winnipesaukee divers...lightning?

'Seems a dive boat was shocked into activity two seasons ago in Wolfeboro Bay.

Mink Islander · 08-11-2004, 05:35 AM

I was diving last week with my wife off of Diamond Island. I anchored my big dive buoy (the yellow doughnut that says "Diver Below" with a large flag above it) on top of the cruiser wreck. I pulled away and was anchoring my boat about 100 feet away when another boat cruising by suddenly altered course and headed directly for my buoy. The guy literally went right up to the side of the bouy and was peering over the side into the water hoping to see something, I guess. Glad we weren't surfacing....

Grant · 08-18-2004, 10:33 AM

I went by the Diamond Island site a few times recently. Once to dive (but the winds were too strong to get a reliable bite with the anchor) and two more times to show my wife and kids the site. It's a cool site to show them just because of how quickly it gets deep. I took the boat about ten feet from shore over by the big rock near "Empty Pockets" wreck, and told them to look down. It's probably 20-30 feet deep right there.

Regarding the curious "flag peeper" -- What a dope! Yikes, good thing you weren't surfacing.

BTW -- How do you find the wreck from the surface? When we last found it, we swam out and got to about 54' and went back and forth -- didn't find it. Then, as we headed toward the island, we came across the little sunken dingy in about 20-30 feet of water. It had a line running from it, so we followed it and it led right to the boat. I suppose a fish finder would locate it easily. I know you can take a bearing from the big rock and just head out to 54', but I forget the degrees. Duh. Cool wreck, though. Too bad people are prying stuff off of it (nameplate from transom disappeared last summer). Wonder if the key is still in the ignition?

upthesaukee · 08-21-2004, 08:16 AM

Grant, if you have a GPS, couldn't you make a waypoint for the location????

Grant · 08-23-2004, 10:07 PM

Quote:

Originally Posted by upthesaukee

Grant, if you have a GPS, couldn't you make a waypoint for the location????

Absolutely! In fact, GPS was developed for nautical navigation. Bizer actually includes waypoints for a number of sites on the Lake -- printed right on the back of the chart! (Double added super bonus value!)

Alas, I have no GPS, and so rely upon bearings taken from landmarks. Old school, yeah, that's me...

07-19-2004, 08:49 AM	#1
Grant Senior Member Join Date: Jul 2002 Location: Pennsyltuckey, Tuftonboro, Moultonborough Posts: 1,499 Thanks: 374 Thanked 229 Times in 123 Posts	Dive Flag Law I was shopping for a dive flag for use at the Lake and wanted to make sure that the one I was eyeing conformed to "code." It turns out that, in NH, the bottom of a dive flag must be at least three feet above the surface of the water. I could be mistaken, but in all my dives in the Lake, I don't think I've ever used a flag that was that tall. And this includes charters with shops. The problem, I think, is that there are very few floats on the market that allow the bottom of a flag to be at least three feet above the surface. Does anyone know where you can find such a flag float? Here's the law: New Hampshire Revised Statute Title XXII, Chapter 270, Section 270:31, Scuba Diving and Snorkeling: I. Any person engaged in scuba diving on any of the public waters of the state and any person engaged in snorkeling in normally traveled navigable public waters shall have a diver's flag, consisting of a red flag with a diagonal white stripe, displayed indicating that diving activities are in progress. The bottom of said flag shall extend at least 3 feet above the surface of the water, the view of which shall be unobstructed for 360 degrees. II. Any person engaged in scuba diving or snorkeling shall remain within 75 feet of their dive flag. Boaters shall remain a minimum of 150 feet away from any posted dive flag, unless there are circumstances which prevent the operator from maintaining a minimum of 150 feet, in which case the operator shall maintain headway speed. III. The commissioner of safety may adopt rules pursuant to RSA 541-A relative to restricting scuba diving between sunset and sunrise.

07-19-2004, 11:02 AM	#4
Mink Islander Senior Member Join Date: Apr 2004 Posts: 753 Thanks: 59 Thanked 271 Times in 129 Posts	Dive Flags I just bought another flag last week at my local dive shop south of Boston. It's an inflatable ring about 2 ft in diameter that has a dive flag mounted above it that's much larger than the traditional ones. Very visible. Best part is that the yellow ring has "Diver Below" printed on two sides, lest any pleasure boaters not understand what the flag is there for. Bit expensive at $60 though. I hang a flag on my boat's light mast and usually tow a float too -- especially in busy areas of the lake. I see way too many folks in Glendale with only a flag on the boat, and sometimes none all. I don't think some of them realize how difficult it is to see a bobbing head covered in black neoprene -- especially in a congested area. Of course there are plenty of boats who see the flags and care not at all about the safety of the divers in the water and proceed to plow past well inside of 150' rather than be inconvenienced and go around at a safe distance. Like most things on the lake, there are those who use good common sense and and a few who don't.

07-26-2004, 07:32 PM	#10
Winnipesaukee Divers Senior Member Join Date: Apr 2004 Location: Exeter, NH or @ WCYC on weekends Posts: 250 Thanks: 7 Thanked 46 Times in 28 Posts	My dive flag meets the law.... Well, at least the one connected to my arm is. As you might have guest I have a bunch of floating dive flags (5 to be exact) and one real large one for the boat (3X5). I keep several to throw out when I have to dive in a congested area or have a large group with me. The one I use all the time is made up from a 6' mooring pickup buoy very similar to a dive flag in many aspects. The foot of the flag is 3.5 to 4 feet off the water. The reason most dive flags don't meet code is they are designed to be stowed in the dive bag. However, I've had many encounters with the Marine Patrol and one on just this subject. As I peruse my sport I want to comply with the law as much as I can. So, I have found a way to make it right. Even though the dive flag is the bain of diving existence, I consider it like using seatbelts, I really don't think they going to save me, but I want to stack the odds as much in my favor as I can... I guess, it’s kinda like believing in God too. I've told you many times that the flag only serves to draw attention to me... People see the flag and think it's a floating treasure and not knowing any better just have to have it and therein lies the problem. I know enough to protect myself by only surfacing near my boat or way away from traffic. But, it's a law I can live with...

08-11-2004, 05:35 AM	#12
Mink Islander Senior Member Join Date: Apr 2004 Posts: 753 Thanks: 59 Thanked 271 Times in 129 Posts	More on dive flags I was diving last week with my wife off of Diamond Island. I anchored my big dive buoy (the yellow doughnut that says "Diver Below" with a large flag above it) on top of the cruiser wreck. I pulled away and was anchoring my boat about 100 feet away when another boat cruising by suddenly altered course and headed directly for my buoy. The guy literally went right up to the side of the bouy and was peering over the side into the water hoping to see something, I guess. Glad we weren't surfacing....

07-19-2004, 10:25 AM	#2
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	Can't you fly the flag from the boat? Personally, I wish divers would use a really big flag. Nothing scares me more than the thought of hitting someone with my boat. More than once at the Lady of the Lake, I've had the dive boat between me and the dive flag. Now I know any boat anchored in that area is probably diving. Yeah, I know I posted this before. This one of my pet peeves. Not divers, just tiny dive flags.

07-19-2004, 11:14 AM	#5
Grant Senior Member Join Date: Jul 2002 Location: Pennsyltuckey, Tuftonboro, Moultonborough Posts: 1,499 Thanks: 374 Thanked 229 Times in 123 Posts	Yeah -- I suppose the flag on the light staff would work when you can be sure to stay within 75' of the boat, AND make sure that you surface relatively close to the boat. Methinks I'll get a nice big one for the light staff, but I still need a tall floater to pull around...especially for shore/dock dives. LeisurePro had a 5-foot float pole w/weight, but they're out of stock now. I was gonna get the 4-footer, but figured I'd check the laws before buying. Good thing I did -- as I wasn't aware of the three-foot-to-bottom law.

07-19-2004, 11:18 AM	#6
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	Grant, I never realized that the dive flag was attached to the diver. I guess it makes sense when you think about, given the 75' rule. Big groups are never an issue, usually the boat is marked and there lots of obvious diving activity. I'm sure I must have seen "joker" and "Betty" I'll keep my eyes open.

07-20-2004, 01:20 PM	#8
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	Dutch Springs looks like Disneyland for divers. The whole dive flag thing is much clearer now, thanks.

08-18-2004, 10:33 AM	#13
Grant Senior Member Join Date: Jul 2002 Location: Pennsyltuckey, Tuftonboro, Moultonborough Posts: 1,499 Thanks: 374 Thanked 229 Times in 123 Posts	I went by the Diamond Island site a few times recently. Once to dive (but the winds were too strong to get a reliable bite with the anchor) and two more times to show my wife and kids the site. It's a cool site to show them just because of how quickly it gets deep. I took the boat about ten feet from shore over by the big rock near "Empty Pockets" wreck, and told them to look down. It's probably 20-30 feet deep right there. Regarding the curious "flag peeper" -- What a dope! Yikes, good thing you weren't surfacing. BTW -- How do you find the wreck from the surface? When we last found it, we swam out and got to about 54' and went back and forth -- didn't find it. Then, as we headed toward the island, we came across the little sunken dingy in about 20-30 feet of water. It had a line running from it, so we followed it and it led right to the boat. I suppose a fish finder would locate it easily. I know you can take a bearing from the big rock and just head out to 54', but I forget the degrees. Duh. Cool wreck, though. Too bad people are prying stuff off of it (nameplate from transom disappeared last summer). Wonder if the key is still in the ignition?

08-21-2004, 08:16 AM	#14
upthesaukee Senior Member Join Date: Jan 2003 Location: Alton Bay Posts: 5,597 Blog Entries: 2 Thanks: 2,453 Thanked 1,979 Times in 1,080 Posts	Grant, if you have a GPS, couldn't you make a waypoint for the location????