Well I got an answer from them in the end ::
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Good afternoon,
Further to your fax of the 20th July I can advise as follows;
The speed limit in all the bays around the island is 6 knots. For the purpose of water skiing only it is possible to obtain a permit to exceed the limit in certain areas.
Regarding Diver Down Marker Bouys, the use of the orange/red flag with a white diagonal stripe from top edge of the hoist to bottom edge of the fly is an American institute that has been adopted by some divers in the UK as an inndicator of their position. There is not , as I understand it, a legal requirement for it to be displayed. It would seem to me to be prudent and good seamanship to avoid passing close to any form of marker bouy be it pot bobber, a dan type bouy with a marker flag on it, an inflatable sausage marker or just a boats fender as it is highly probable that it is marking something. Obviously the higher out of the water the marker is the easier and sooner it will be noticed. Whilst there is no hard and fast distance for avoiding these markers, once again good seamanship implies that a reasonable wide berth be given.
Whilst I note that you state that boat users are generally clued up ( a statement that I may, as a search & rescue co-ordinator, from time to time take variance with) you ask if jet skiers & windsurfers are required to be educated in such matters. Be advised that there is no regulation in force that requires a pleasure boater of any description to be educated at all in seamanship/boat handling/rule of the road etc.
Around the coasts of Guernsey Herm & Jethou there are, as I have already stated, speed limits in force for the bays and certain off shore areas such as the Humps north of Herm, consequently in those areas jet skis should not be operating. With regard to wid surfers they are restricted to the ares within the bays where they can operate and whilst this does not recognise divers it does protect to a degree the normal swimmers. In the event that you wish to dive in an area frequented by wind surfers then I would recommend that you enter and leave the from as close to the shore as possible.
With regard to a press release I will discuss the matter with the Harboumaster & proceed accordingly.
Best regards,
Deputy Harbourmaster
Harbour Authority, Public Services Department
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My original email was as follows ::
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Hi
I have a question about safety for water users.
As more people are starting to use the water at this time of year I would like some clarification about the legalities of water users.
The first point I'd like some clarification about is Grand Havre.
I saw a notice at Chouet that states all craft must maintain a speed of 6knots.- is this for the whole of Grand Havre or just for Chouet ?
The second point is concerning diver down marker bouys.
I understand that the orange/red and white flag is for use by divers/freedivers/spearfishermen and indicates that they are diving in the vicinity. (As opposed to a blue and white 'A-flag' that is for use on static craft being used by divers) What does this mean for craft users ? Are they obliged to avoid the area that the bouy is in ? If so to what extent ? 10m or 20m or how many metres ?
I understand that boat users are generally clued up about the meanings of sea markers/flags etc but is there any requirement for windsurfers and jetski users to become educated ?
My situation is that I freedive and spearfish in many locations around the island and am very careful when I see a boat or craft near me - I generally shout and make sure that they have seen me (I use a clearly marked float). However recently in Dorset a man was hit by a jetski and there have been increasing levels of near-misses over there.
I am slightly worried that there is a general lack of information about what a diver down marker bouy/flag means. Perhaps you could release a comment to the press to indicate what correct behaviour is and to let people know what these bouy are in a similar manner to the press releases that you release concerning boating in general at the start of the summer each year.
I look forward to hearing from you.
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