Any diver using a selfcontained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats or sailboats are prohibited from operating, shall perform the activity within an imaginary cylinder extending downward from an imaginary circle formed on the surface of the body of water by revolving a seventyfive foot radius three hundred sixty degrees about a point marked by the display of a flag as provided by this section. The flag is referred to as the diverdown flag. The diverdown flag shall be a rectangle with a bright red field crossed by a diagonal white strip running from the upperleft corner to the bottomright corner of the rectangle and shall be clearly visible and securely attached or anchored to a float, a rubber tube, a diver, or a boat. A violation of this section is a Class 2 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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Source: SL 1969, ch 103, § 1; SL 1983, ch 303, § 3; SL 1991, ch 186, § 44; SL 1998, ch 264, § 1.