Legislation and Laws
With the exception of requirements relating to cylinders (see Cylinders), the laws that protect historic wreck sites, state and local spear fishing laws as related to SCUBA diving, there are few laws or government regulations in the United States about the way in which the specific sport of diving must be conducted.
However, if you dive for money or reward, even using recreational techniques and equipment, you are considered to be a professional diver and are subject to the requirements of the OSHA commercial diver regulations (29 CFR Part 1910, Subpart T). These regulations require a diving medical issued by a medical examiner and impose detailed safety requirements on all diving operations for both the employer and employee.
Amateur divers must be aware that any job of work carried out for anything other than essential expenses (e.g. gasoline or air costs), would be considered subject to the requirements of these regulations. Divers working professionally have to comply with the requirements of the relevant OSHA regulations, but those teaching sport diving professionally must comply with the 'Recreational Diving' subsections.
State of Wisconsin SCUBA Diving Laws
As a diver it is important to know what the laws governing our sport are. This becomes a very complex subject. The purpose of this section is to give a basic understanding of the more common laws, not a complete explanation of every legal aspect. However, with an understanding of the basics a diver should be able to enjoy the sport and stay out of trouble. This section will deal strictly with local and state laws; there are additional regulations for federal and international waters which are beyond the scope of this article. For a detailed listing of the State Statutes on the internet go to: http://www.legis.state.wi.us/rsb/stats.html
City of Madison Regulations - Public Waters and Shorelines 14.33 Skin Diving
(1) No person may engage in underwater diving or swimming with the use of swimming fins or skin diving in waters other than marked swimming areas or within one hundred fifty (150) feet of shoreline, and no person may engage in underwater diving or swimming with the use of self-contained underwater breathing apparatus in waters other than marked swimming areas, unless the location of such diving or swimming is distinctly marked by a diver's flag, not less than twelve (12) inches high and fifteen (15) inches long, displaying one diagonal white stripe three (3) inches wide on a red background, and of height above the water so as to be clearly apparent at a distance of one hundred (100) yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone engaging in such diving or swimming shall not rise to the surface outside of a radius of fifty (50) feet from such flag. No person engaged in such diving or swimming shall interfere with the operation of anyone fishing nor engage in such diving or swimming in established traffic lanes; nor shall any such person alone or with another, intentionally or unintentionally, block or obstruct any boat in any manner from proceeding to its destination where a reasonable alternative is unavailable. A reasonable alternative route is available when the otherwise unobstructed boat can proceed to its destination without reducing its lawful speed, by passing to the right or to the left of a marked diving operation.
(2) Each diver engaged in underwater diving or swimming in waters other than marked swimming areas shall have an emergency self-inflatable life preserver.
(3) No spear gun shall be loaded or able to fire except when diver is in the water.
14.30(7)(b)3 Public Waters and Shorelines
(9a) No Swimming from Boat to Public Swimming Area. Swimming is not permissible from any boat to a public swimming area or public boat landing, nor is swimming permitted in the Yahara River or boat channels.
State of Wisconsin Regulations for Scuba Diving 30.68(5) Operating in Circular Course
No person may operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such circuitous course is within 200 feet of such boat or swimmer; nor shall any boat or water skier operate or approach closer than 100 feet to any skin diver's flag or any swimmer unless the boat is part of the skin diving operation or is accompanying the swimmer, or unless physical conditions make compliance impossible.
State of Wisconsin Regulations for Underwater Spear Fishing
The following regulations are for Lakes Mendota, Monona, Waubesa and Kegonsa only. Other lakes throughout Dane County and the state may have different regulations. Make sure to check the local regulations first.
It is lawful to take the following fish species with the use of spears and spear guns by skin and scuba diving from sunrise to sunset: white bass, yellow bass (striped), rock bass, crappie, bluegill, perch, pumpkinseed (sunfish) and bullheads. The aggregate daily bag limit is 25 for all species named except white and yellow bass and bullheads for which there is no limit. Additionally, rough fish may be taken at any time (no sunrise to sunset restriction) and there is no bag limit. A fishing license is required by both residents and non-residents 16 years of age and over.
Wisconsin Underwater Field Archeology Act
In 1992 Wisconsin passed the Underwater Field Archeology Act (Wisconsin Statute 44.47) for the protection and management of underwater archaeological resources, including historic shipwrecks. Human remains are protected under the Burial Sites Preservation Act (Wisconsin Statutes 157.70). This includes the bodies of persons drowned in ship and aircraft wrecks but does not pertain to recent drowning victims, homicides or other law enforcement matters.
In other words: Anything worth diving is worth protecting and there are laws to enforce this.
The act is not meant to prohibit recreational use of sites, only to protect the sites from looting and vandalism. The act prohibits intentional defacing, injuring, destruction or displacement of archeological objects. This includes unauthorized artifact collecting, salvage, graffiti carving and other destructive activities.
The act does not prohibit recovery of lost or abandoned non-historic property from state lake and riverbeds. Modem sunken boats, vehicles, structures and lost property may still be recovered by divers, in accordance with Department of Natural Resources regulations and state abandoned property laws, as long as this activity does not impact an underwater archaeological site or object.
Various penalties may be applied. Cases of casual, uninformed collecting could range from a written warning to a $100 to $500 fine. In cases where collecting includes removal of multiple artifacts or involves tools, lifting devices, powered equipment or explosives, fines are $1,000 to $5,000 and vehicles, boats and equipment may be confiscated. Intentional disturbance of a human burial site is a fine of $1,000 to $10,000.
Lift bag
A lift bag is a variously shaped, non-gas-permeable bag, used to supply lift through displacement of water, thereby allowing the manipulation of various loads underwater. The size and shape of the load will determine the type, shape and lift capacity of the bag to be used. Always use a genuine, professional lift bag and never use a home-made lift bag.
Lines
Divers should take great care with the use of ropes and lines underwater, especially using reels as distance lines from mooring lines. Reels for SMB use should float independently, have a quick release system such as a bayonet fitting snap lock, and divers should be taught how to use them. When divers do get into difficulties on ascent it is often the best course of action to ditch the reel so that both hands are free to deal with the situation. When using a reel and line as a bottom distance line, we recommend that a reel and line that sinks be used and that when deploying line, hold the reel and line away from the body and especially the legs. It should also be recovered from in front of you. Never let a bight of line develop in front of you; slow down and wind in.
Divers should always carry an adequate knife, especially when dealing with ropes.
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Sponsored by Wisconsin Union Directorate, a part of the Wisconsin Union at the University of Wisconsin-Madison.
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