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California declares Scuba Diving hazardous

Scuba diving is now officially a “hazardous activity” that the government is not liable for, under a new law authored by Assemblywoman Diane Harkey
 
Assemblywoman Diane Harkey
The law, AB 634 was signed Tuesday by Governor Schwarzenegger and releases the state and local governments from liability in lawsuits associated with scuba diving. The bill passed in the Legislature without a “no” vote.

"Fear of frivolous lawsuits has hampered efforts to expand recreational activities in many communities. I am pleased that Governor Schwarzenegger signed into law our legislation reducing liability for local and state governments while allowing for more recreational activities such as scuba diving, aiding coastal economies, the environment and the state of California."

No one wants to blame themselves
Hosam Elshenawi, manager of Beach Cities Scuba shop in Dana Point was pleased with the legislation. "I think it's unnecessary to hold people liable and find people to blame for what happens during a scuba dive," said Elshenawi, who explained all divers sign an "assumption of risk" and other liability release documents before being certified.

"No one wants to blame themselves," he told San Clemente Times

AB 634 is intended to protect state and local governments from liability associated with scuba diving, particularly on ship-based artificial reefs. Diving in and near sunken ships can be hazardous, requiring special training and equipment beyond that for normal scuba diving which requires training and certification at every level. There are at least 3 ship-based artificial reefs in California waters or under state control on which diving and penetrations are being made.

"California Ships to Reefs is proud of its all volunteer organization, the Legislature and Governor for passing AB 634. The Governor's signature comes at an historic time, the tenth anniversary of HMCS Yukon's reefing in San Diego," said Joel Geldin, Chairman and CEO of California Ships to Reefs.

"Today, California has removed a major impediment to artificial reefing. We are enthusiastic about the new unlimited opportunities ahead to create a network of artificial reefs on the state's coastline, improving ocean life and enhancing our recreational diving and fishing industries," Geldin added.

The bill is a prime example of the positive relationship that can exist between business, recreation and the environment, all while enjoying strong bipartisanship support in the Legislature. Dean Rewerts, Vice President of Reef Development of California Ships to Reefs remarked, "We appreciate how the Legislature was able to reach across the aisle and pass AB 634 without a single no vote, working for the common good of California. California Ships to Reefs believes the entire state owes thanks to Assemblywoman Diane Harkey for her foresight in carrying AB 634, making it easier to create man-made reefing projects in California to the benefit of the state and the environment."

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