(a)  Any person scuba diving, skin diving, or snorkeling in an area where power or motor boats are operated, shall place a warning flag on a buoy at a place of his or her submergence, the flag to be at least twelve by twelve inches (12″ X 12″) with a white stripe running from the diagonal corners which stripe shall be one quarter (¼) as wide as the flag, or conspicuously flown upon a boat which he or she is then using in the area, in which case the flag shall be at least eighteen by eighteen inches (18″ X 18″) and with a white stripe running from one upper corner to a diagonal lower corner, which stripe shall be one quarter (¼) as wide as the flag itself. The flag shall be in place only while diving operations are in progress and, during the hours between sunset and sunrise, this flag shall be illuminated by a light shining on the flag. Motorboats shall not be operated within fifty feet (50?) of any flag as above described. No person shall be in violation of this section if he or she travels within fifty feet (50?) of a scuba diver or snorkeler who is in fact obstructing navigation.

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(b)  Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than fifty dollars ($50.00).

(c)  However, any person using the above scuba diving, snorkel diving, or skin diving flag with the intention of obstructing navigation shall be guilty of a misdemeanor and shall also be subject to a fine of not more than fifty dollars ($50.00).