[njdiver]

Sandy Hook SCUBA Diving Rules

(As compiled from existing documents.)

e-CFR data is current as of April 15, 2015

Title 36 → Chapter I → Part 3
TITLE 36—Parks, Forests, and Public Property
CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 3—BOATING AND WATER USE ACTIVITIES

(Snip)

§3.18 May I snorkel or underwater dive in park waters?

(a) Snorkeling and underwater diving is allowed in park waters, subject to closures or restrictions designated by the superintendent in accordance with §§1.5 and 1.7 of this chapter.

(b) In waters open to the use of vessels, a diver must prominently display a dive flag during dive operations. A dive flag must not be displayed unless dive operations are ongoing.

(c) The dive flag must be illuminated when dive operations take place between sunset and sunrise. The dive flag illumination may not consist of lights that may be confused with navigation lights or aids to navigation lights.

(d) While on the surface, submerging or surfacing the diver must remain within a 100 feet horizontal radius of the diver flag.

(e) If State laws or regulations exist concerning snorkeling activities, those provisions of State law or regulation are adopted.

(Snip)

Superintendent's Compendium

Date:08/19/2014

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (''36 CFR"), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service (NPS), within the boundaries of Gateway National Recreation Area.

Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7
Written determinations; which explain the reasoning behind the Superintendent's use of discretionary authority, as required by Section 1.5

(c), appear in this document identified by italicized print.

(Snip)

General Closures

Fishing is prohibited on lifeguard protected beaches when lifeguards are on duty. This includes fifty yards up the beach from the red lifeguard flags marking the ends of the protected swim areas.

Due to waves and tides fishing lines drift into the swim areas and pose a hazard to swimmers unless lines are cast at least 50 yards outside of the red flagged protected area.

The New Jersey Department of Environmental Protection and New York Department of Environmental Conservation has closed and "condemned" certain waters to the harvesting or collecting of shellfish. The waters around the park are included in this closure.

Harvesting shellfish in these areas is prohibited by state law.

(Snip)

AREA DESIGNATIONS

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

· Scuba diving and snorkeling are prohibited in guarded areas.

(Snip)

CFR §3.18 - SCUBA AND SNORKELING

(a) SCUBA diving and snorkeling is subject to the following restrictions:
 SCUBA and snorkeling is subject the provisions of NY and NJ state laws.

(Snip) = Unrelated material deleted.