Chapter 2: Special Provisions
Section 2: Diving Activity
Article 16
The term “diving activities” includes snorkeling, scuba diving or free diving.
The term “snorkeling” as used in the preceding paragraph refers to diving activities with diving goggles, flippers, or a snorkel;
The term “scuba diving” refers to diving activities with diving goggles, flippers, breathing tubes, breathing apparatus and other oxygen supply diving equipment. The term “free diving” refers to diving without breathing equipment and only using breath-holding.
Article 17
Those engaging in scuba diving or free diving activities shall possess a relevant certificate issued by a domestic or foreign diving organization for the respective diving activities.
Article 18
Those engaging in diving activity shall abide by the following provisions:
1. Dive flag(s) shall be placed in the middle of the area of water where the diving activity is taking place, and the divers shall take surface marker buoys, lift bags, free-diving platform(s) and other buoyancy equipment to mark their diving positions.
2. Those engaging in scuba diving or free diving activities shall be accompanied by a qualified person who holds diving certification issued by a domestic or foreign diving institution and who is familiar with the diving location and meets the requirements of the preceding article.
Article 19
Those who take customers to engage in diving activities shall abide by the following rules:
1. Those taking customers to engage in scuba diving or free diving activities shall possess certification as a qualified diving instructor issued by a domestic or foreign diving institution; and the number of persons per instructor per time is limited to the following:
1.1 Scuba diving: A maximum of eight persons per time.
1.2 Free diving: A maximum of four persons per time; with the addition of an assistant who meets the requirements of Article 17, the limit can be increased to six persons.
2. Those taking customers to engage in snorkeling activities shall possess qualifying certification from the responsible authorities or an organization authorized by those authorities to conduct instruction and training, and each such employee may take a maximum of ten persons on each snorkeling activity.
3. Those engaging in scuba diving or free diving activities shall be able to provide relevant diving proficiency certification.
4. Those taking customers to engage in any diving activity shall be fully familiar with the conditions in the diving location, and must accurately inform the divers thereof, including informing them of at least the following matters: the time limit of the activity, the depth limit, the water current direction, the underwater terrain, dangerous areas, and the concepts and rules of environmental protection; and shall stop the activity if he or she fails to receive the compliance of any member of the diving group. He or she shall also instruct the divers to take into consideration their state of health and level of fitness.
5. Surface marker buoys, lift bags, free-diving platform(s) and other buoyancy equipment shall be taken on every diving activity, and dive flag(s) shall be put in place in the diving activity location.
Article 20
A boat used for taking customers to engage in diving activity shall be equipped with a platform or ladder as needed by divers for getting on and off the boat, and also shall be equipped with a mobile telephone or other communications equipment that has waterproofing and a satellite positioning function, to be kept on the person of the diving instructor for contact and communications purposes.
Article 21
A boat captain or pilot taking customers to engage in diving activity shall abide by the following rules:
1. Shall make sure prior to departure that communication equipment is in sound working order.
2. Shall be fully familiar with the conditions at the diving location, and accurately inform the divers thereof.
3. Shall raise a dive flag on the boat at all times when passengers are in the water engaging in diving activity.
4. Shall keep the boat at the diving location until the divers have concluded their diving activity and returned to the boat. In the event that a diver has failed to conclude the activity and return to the boat on time, shall use communication and related equipment to call for help, shall conduct search and rescue in the diving area, and shall not sail the boat away from the diving location before support vessels have arrived there.