The State of South Carolina
does not have a mandatory "Diver Down" (red with a diagonal white stripe) flag
usage law. So the use of this flag is not mandated by South Carolina law. Although when being
displayed it should provide somewhat of a warning to other boaters in the area to
the presence of divers in the water From personal experience I can tell you that
some persons simply have no idea of its meaning or just to asinine to care. As we have had
many times when boaters simply pass between a buoy displaying the diver down flag and our
boat. Less than 25 feet from each flag. This flag is more recognizable to inland /
recreational boaters than the "Code A" which should also be used. The State
Statute is listed below.
Code of Laws
Title 50 - Fish, Game and Watercraft
CHAPTER 5.
SOUTH CAROLINA MARINE RESOURCES ACT OF 2000
SECTION 50-5-15.
Definitions.
(2) "Bang stick" means any device
containing a charge mounted on a spear, pole, or other contrivance which is
activated in order to stun or kill fish or other marine resource.
SECTION 50-5-110.
Use of poison, explosive or bang stick to take marine resources; penalty.
It is unlawful to use poison, an explosive,
or a bang stick or similar device in state waters to take marine resources.
A person who violates this section by use of poison or an explosive other
than a bang stick or similar device is guilty of a misdemeanor and, upon
conviction, must be fined not less than one thousand dollars nor more than
two thousand five hundred dollars or imprisoned for not more than thirty
days and must have his saltwater privileges suspended for twelve months. A
person who violates this section by use of a bang stick or similar device is
guilty of a misdemeanor and, upon conviction, must be fined not less than
twenty-five dollars nor more than five hundred dollars or imprisoned for not
more than thirty days and must have his saltwater privileges suspended for
twelve months.
