Spearfisher's Marker Buoy - Is it required by law?

ajzammit · May 15, 2011, 09:07:36 CET

Hi guys,

I was just wondering whether in Malta, the use of a spearfisher's marker buoy (il-baga) is required by law or not.

Before i get a tsunami of replies

that it is very important to use one, please note that I'm not asking whether it is wise or not to do so - the answer to that is obvious. I just would like to know what the law states about this. I tried to look for it and searched forums, but to no avail.

Thanks
AJ

ggantno1 · May 15, 2011, 20:11:45 CET

Once I asked about this law and I was told that there is no law that oblige you to carry one but if an accident happens then I think that it will matter becouse if you get hit from a boat and you try to sue the offender then you have to prove that. Other countries for example italy there is a law about using it for snokeling or spearfishing and you have to stay in a 50mtrs area from the buoy if you go further they can sue you on the other side the boats have to keep a distance not like here.but a marker buoy is needed as you said even if there is no law 2 years ago a huge yaught about 50ft passed not more than 5mtrs from me it was on automatic pilot and believe me it was scary for me and for my friends that saw every thing but where to far away to tell me what was coming in my way!!!! dive safe

baghira · May 16, 2011, 08:02:32 CET

I beileive that there is law regarding the flag that is used, (ie: the alfa), and if this is being shown on a buoy, then automatically you have to stay off that buoy. (ie the flag should be blue and white, not like to ones wit a red stripe). For safety reasons, i sometimes hang them both..

I know that a member of this forum was hit by a boat's propellor whilst apnea and he had no buoy and he could not prosecute against the defaulter although he was overspeeeding along the shore. I don't know if it is wise to ask him how things stand up to be, since that memories are not so nice. He is fine today Thanks god...

ggantno1 · May 16, 2011, 15:00:04 CET

Baghira as said before I dont think that there is a law that oblige you to carry a marker buoy , and also for the alpha flag its just a diver mark there is no law that says at what distance a boat has to stay from the marker. correct me if I'm wrong. Then as said before it matters if you try to sue the offender .

Granitu · May 16, 2011, 15:38:42 CET

correct me if i am wrong but one has to note that certain law is determined from a particular court case ruling.

In such instance if I remember correctly the law is not enforced but the case ruling is the prevailing law. Law is by no means perfect and has many loop holes unfortunately.

In such instances it is common sense that applies but if there is e.g. a court ruling whereby a diver was fined/prosecuted (not under criminal court) to court for not carrying a bouy, the ruling prevails. The contrary (not fined and not guilty) to the situation applies.

Also note that in many instances the court applies the use of 'rational' common sense in grey areas where the law is not detailed enough or no law exists on the subject.

ajzammit · May 16, 2011, 19:01:56 CET

Hi guys
Ggantno1, Baghira, and Ggranitu. Thank you tal kummenti. The reason I asked is that sometimes i go spearfishing and stay very close to shore were it is not possible for a boat to enter (unless the guy is nuts). In those cases, i find the buoy a big nuisance as the chord and buoy keep getting stuck around the rocks. So that's why I was thinking if it is a law or not. Of course, in open waters it's a different story.
Thanks
AJ

visa · May 17, 2011, 21:45:33 CET

Better safe than sorry and like they said a white and blue flag will keep boats away from you as now most boat owners know this flag as they will remember it as the first one they learned, but if u use one like Bagira has made boaters will go close to see what it is !

Nichrome · May 18, 2011, 16:28:28 CET

Hi guys. I am brand new here and while looking around I came across this very interesting topic.

I do not have a nautical license as I do not have a nautical vessel but I am sure many of you do. I would like to know more about the marker flags; the red one and the blue one. I always dive from shore and sometimes swim out some 200m or so. Which flag should I have on my buoy?

robby017 · May 18, 2011, 17:13:07 CET

the 'alpha' - white and blue flag...... diver down, keep your distance and proceed with care