The Dive Flag in Alaska

by Alex Vasauskas

Disclaimer

This article is informational, and it relates only what I have found during a brief search regarding dive flag use. This article is not a complete legal analysis of the topic, and it is not to be relied-upon as legal advice. Readers should perform their own legal research or employ an attorney if they require definitive advice regarding the use of a dive flag in a particular situation.

The Dive Flag

A dive flag is used to warn boaters to stay away from an area where there are divers.

The traditional dive flag is a red flag with a diagonal white stripe. Denzel James Dockery developed it in the early 1950s based upon the solid-red “Baker” or “Danger” flag used by the Navy when divers were at work (http://www.fatboyscuba.com/diveflaghistory.html).

State Law

The only Alaska State requirement to exhibit a dive flag appears to be that the traditional dive flag must be used when diving in a state park:

11 AAC 12.200. UNDERWATER DIVING SAFETY.

A person engaged in underwater diving in a state park shall place a flagged buoy in the water. The flag must be red with one white diagonal stripe and large enough to be identifiable at 100 yards.

According to state statute AS 41.21.960 and Rule 43.3 of the “Rules Governing the Administration of All Courts”, failure to comply with 11 AAC 12.200 is punishable by a fine of $50.

Alaska Statute 05.25.012 permits SCUBA divers to display the traditional dive flag. If they do so, they must stay within 100 feet of the flag when at or near the surface. Boats are required to stay clear of the flag by 100 feet, but, outside commercial shipping lanes, they may maneuver slowly within 100 feet of the flag:

§ 05.25.012. Diver's flag

A person who is in the water using an underwater breathing device may display a diver's flag constructed of rigidly supported material at least 12 inches by 12 inches in area of red background with a white diagonal stripe. This diver's flag may be displayed on a boat or surface float and must extend a minimum distance of three feet from the surface of the water. The diver's flag shall be placed at or near the point of submergence and constitutes a warning that a diver is submerged and may be within 100 feet of the flag. A diver shall remain within 100 feet of the diver's flag while at or near the surface. A boat operator within sight of a diver's flag shall proceed with caution, steering clear of the flag by a distance of 100 feet. Outside commercial shipping lanes, boats maneuvering within a 100-foot radius of a diver's flag shall be slowed to no-wake speeds or five miles per hour, whichever is necessary to maintain steerage in the seaway. A diver's flag shall be displayed only while diving operations are underway.

Violation of AS 05.25.012 is a class A misdemeanor. Punishment for a class A misdemeanor may include a jail sentence of up to 1 year and a fine of up to $5,000.

Federal Law

Federal law requires the use of the blue-and-white “Alpha” flag for boat diving in international and inland waters. The law includes the “International Regulations For Preventing Collisions At Sea”, which is found at Title 33, Chapter 30 of the United States Code, and the “Inland Navigation Rules”, which is found at Title 33, Section 2027 of the United States Code. The law is spelled out at Rule 27 of the U.S. Coast Guard publication “Navigation Rules: International/Inland”. The rules are the same for boat diving in international and inland waters.

The federal law applicable to boat diving is one of the rules governing “vessels not under command or restricted in their ability to maneuver”. (Under the rules, “The word ‘vessel’ includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water.”) The law requires that a vessel engaged in underwater operations exhibit a series of lights and shapes. However, when the boat is too small to make it practical to exhibit the lights and shapes, it may display a vertical series of red/white/red lights and a one-meter-high “Alpha” flag replica:

(e) Vessels engaged in diving operations

Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in paragraph (d) of this Rule, the following shall instead be exhibited:

(i) Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white.

(ii) A rigid replica of the international Code flag ''A'' not less than 1 meter in height. Measures shall be taken to insure its all-round visibility.

It appears that as a practical matter the Coast Guard has not objected to the use of smaller “Alpha” flags as long as they are easily visible. But, it wouldn’t hurt to call the local Coast Guard office to confirm their application of the rule in any area you intend to dive from a boat.

I have found no specific requirements regarding how far a vessel underway must keep from a vessel showing that it is conducting underwater operations. Navigation Rule 18 only requires vessels underway to keep out of the way of vessels not under command and vessels restricted in their ability to maneuver.

Anyone operating a vessel subject to the federal rules described above can be fined up to $5000 for violating the rules.

Conclusion

You are responsible for your own safety. Using the appropriate flags and lights may help to protect you. Failing to display required lights and flags may cost you.