Haw. Code R. § 13-245-9 - Diver's flag
(a) A "diver's
flag" as defined by rule and measuring not less than twelve inches by twelve
inches shall be required to be displayed on the surface of the water by any
person or group of persons engaged in free diving or SCUBA diving.
(b) A diver's flag measuring not less than
twelve inches by twelve inches shall be displayed on the highest point of the
main structure of a vessel that is sixteen feet or less in length overall in
order to provide an unobstructed view of the diver's flag from all directions
when diving from the vessel.
(c) A
diver's flag measuring not less than twenty inches by twenty-four inches, shall
be displayed on the highest point of the main structure of any vessel that is
greater than sixteen feet in length overall in order to provide an unobstructed
view of the diver's flag from all directions when diving from the
vessel.
(d) If snorkeling, free
diving, or SCUBA diving is in progress between sunset and sunrise, the diver's
flag shall be clearly illuminated. A diver's flag is considered clearly
illuminated when it is identifiable from at least one hundred feet
away.
(e) There shall be no
restriction on subsurface distance from a diver's flag. However, snorkelers,
free divers, and SCUBA divers are prohibited from surfacing more than one
hundred feet away from the diver's flag in the ocean waters of the State and
more than fifty feet from the diver's flag in navigable streams, except in
cases of emergencies.
(f) All
vessels shall be prohibited from approaching within one hundred feet of a
displayed diver's flag or within fifty feet of a displayed diver's flag on
navigable streams with the following exceptions:
(1) Vessels approaching a displayed diver's
flag to conduct SCUBA, snorkeling, or free diving activities within the one
hundred foot or fifty foot restricted area shall be allowed to do so provided
that the vessel approaches at a speed of slow-no-wake.
(2) Vessels approaching a displayed diver's
flag navigating through marked navigation channels are exempt from the distance
restriction described in subsection (f) but shall proceed at a speed of
slow-no-wake through the navigation channel when a diver's flag is displayed
adjacent to the navigation channel.
(3) Authorized representatives of the
department and life saving personnel are exempt from the distance restrictions
of subsection (f) when performing functions related to their duties.
(g) Except in cases of
emergencies, snorkeling, free diving, swimming, or SCUBA diving within
navigation channels shall be prohibited.
(h) No person shall engage in snorkeling,
free diving, or SCUBA diving or display a diver's flag in a manner that shall
unreasonably or unnecessarily interfere with vessels or with free and proper
navigation of the waterways of the State.
(i) A diver's flag shall be displayed only
when snorkeling, free diving, or SCUBA diving is in progress, and display of a
diver's flag in a water area when no snorkeling or diving is in progress in
that area shall constitute a violation of these rules.
(j) Anyone violating any provision of this
section shall be subject to fines and penalties as provided in sections
200-14,
200-14.5,
and
200-25,
Hawaii Revised Statutes.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.