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Old 08-07-2006, 10:42 AM   #41
Seaplane Pilot
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Default Snorkeling & the use of Dive Flags

In my search for other unrelated boating rules, I came across the rule for the use of a dive flag when snorkeling. The flag is only required if snorkeling in "normally traveled, navigable waters". I interpret this as a case where if one were snorkeling around the Witches, no dive flag should be required since the Witches is certainly not a "navigable" area.

Section 270:31
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.
Source. 1973, 574:1. 1981, 353:13. 1987, 124:6, I(c). 1995, 54:1, eff. July 8, 1995.
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