Diving/Swimming Flag

Question
Hi, I had a question that doesn't relate entirely to scuba diving but I didn't know who else to ask. I live in New York City and I rent a house on a lake in New Hampshire and I usually swim to an island about 3/4 mile away with my father shadowing me in a small boat as I swim to keep away other boats. This summer I want to swim across the whole lake, which is about 3 miles across. My father would be shadowing me again, but I want to have a flag as an added precaution because after the island, the lake opens up and there are more boats. Would I use a diving flag even though I'm swimming? Would it attach to the boat or is there some way I can tie it around my waist or foot? Thanks for your help. Dave

Answer
Hello Dave.  That's a good one.  Ultimately, I would contact the New Hampshire Department of Safety (they handle the marine laws in NH) and discuss this with them

According to their regulations, divers and snorkelers must display the flag when the are in the water and must no surface any further than 75 ft. from it.  Generally a boat MAY NOT fly the flag while underway.  Your dad could be fined for improper use of the dive flag (flying it while moving, and flying it without divers in the water).  

When divers are diving with out a boat, they usually tow a surface buoy that has a dive flag of legal size mounted onto poles on the buoy.  You could do that as long as the drag of the buoy did not impact your swimming and you could avoid being tangled in the tow line.  But, once again, since you are not diving you may be in violation using the flag while swimming.

I did not see any specific provisions for marking yourself while swimming.  I do know that boats are required to maintain 'headway' speed when they are within 150 ft from you.  But, all of this assumes that they see you.

Your dad may want to consider creating a banner to hang from the boat that says swimmer in the water.  I do suggest contacting the NH DS about this to be sure though.  Best of luck to you.  Swim safe.