REGULATION ON THE SCUBA DIVING IN TURKISH TERRITORIAL WATERS FOR SPORTIVE SPORTS PURPOSES

Number

20450/3/3/1990

PART ONE

General Provisions

Purpose

Article 1- The purpose of this regulation is to identify the principles of scuba diving in Turkish territorial waters for sportives purposes.

Scope

Article 2- This regulation shall comprise the conditions of scuba diving for sportivesports purposes in the regions other than the ones in which there exists the Cultural and Natural Varlıklar Assets to be protected Underwater and military forbidden zones identified and announced under the decision of the Council of Ministers decree in accordance with article 35 of the Law No. 2863 on the Protection of Cultural and Natural valueassets numbered 2863.

Legal Basis

Article 3- This regulation is drafted in accordance with article 45 of the Regulation regarding the Improvement of Yacht Tourism, which is put into force with the decision of the Council of Ministers decree, dated 8/6/1983 and numberedNo 82/6708 issued on the basis of the Law No. 2634 on the Encouragement of Tourism numbered 2634.

a)Free diving shall mean the sort of diving which includes going underwater, swimming and staying underwater as long as possible by applying the technical rules and without making use of any air source within the worldwide sportivesports training standards (ABC diving, Skin diving)

b)Scuba diving shall mean the sort of diving which includes diving without decompression without any feeding above the water by means of air filled tubes and double graded regulators with 30 m depth limit (maximum 42 m during training) within the worldwide sportivesports training standards.

Forbidden Zones

Article 5- Any sort of diving excluding the ones for scientific purposes shall be forbidden in zones in which there exists the house Cultural and Natural ValueAssets to be protected Underwater and military forbidden zones identified and announced under the decision of the Council of Ministers decree published in the Official Gazette dated 19/8/1989 and numberedNo 20257 in accordance with article 35 of the Law on the Protection of Cultural and Natural ValueAssets numberedNo 2863.

PART TWO

General Conditions for Diving

Legislation

Article 6- In the zones other than the ones specified in article 5, it shall be obligatory to comply with the Law on the Protection of Cultural and Natural ValueAssets numberedNo 2863 and relevant regulations; the law on the General Directorate of Youth and Sports numberedNo 3289 and relevant regulation; the Water Products Law numberedNo 1380 and relevant regulation and circular and the general rules explained in the articles below.

Article 7- The scuba diving for sportivesports purposes in the regions other than forbidden zones shall be subject to permission.

The provincial directorates of tourism or other institutions authorized by these directorates shall be notified in advance of the permission certificate regarding the diving zones other than the forbidden zones for underwater diving in groupings such as clubs, organizations or foundations. The relevant organization shall send this information to the Regional Command of Coast Security (or the body authorized locally).

As to the foreigners, all types of sportivesports scuba diving shall be subject to permission. Provincial directorates of tourism or other institutions authorized by these directorates shall grant such permissions.

The permitting institution shall forward the copies of permission form to be issued both to the Harbor Master and the Regional Command of Coast Security (or the body authorized locally). During the controls, it shall be compulsory to submit the permission certificate one copy of which shall be kept by the permitting institution.

Diving for training purposes and companion diving shall not be subject to notification and permission (excluding forbidden zones).

Certificate

Article 8- The persons who will make scuba diving for sportivesports purposes shall be obliged to obtain qualification certificate (diving card) to be issued by the Federation of Underwater Sports Rescuing and Water Ski. However, the certificates issued by training organizations at international standards shall be valid as well. These certificates may be converted into qualification certificate (Diving Card) upon application to the Federation.

As to the Turkish citizens, sportivesports diving, diving disciplines, qualifications, technical condition certificates shall be issued in accordance with the principles identified and accepted by the General Directorate of Youth and Sports, Federation of Underwater Sports Rescuing and Water Ski.

The foreign citizens may make scuba diving for sportivesports purposes on the condition that they become a member of Federation of International Underground Sports or obtain a certificate from the authorized bodies of their national organization.

Responsibility

Article 9- Besides that diving security and life safety shall be the responsibility of divers, diving trainers shall be responsible for diving trainees during training.

Turkish citizens may request skin divers for guiding during diving:

Foreigners shall be obliged to dive with the companion of Turkish guide skin divers. The guiding skin diver shall be responsible for the protection of cultural and natural valueassets and property and life security during the diving. However, the guiding skin diver shall not be responsible for any problem arising before the diving and due to personal faults of the diver who violates the diving rules.

Diving limit:

Article 10- The depth limit for sportivesports scuba diving is 30 m. However, for training purposes this limit is 42 m. Necessary medical personnel and equipment shall be present during the diving with more than 30 m depth.

The powers and limits stated in the qualification certificates may not be breached.

Equipment

Article 11- There is no limitation for the use f equipments during sportivesports diving.

As to sportivesports scuba diving, it is compulsory to use balance vest (life vest, B, C), tube pressure indicator, depth indicator and time meters.

However, it is forbidden to use lifting balloon or similar equipments. Decompression diving may not be made.

It is free to maintain compressors for high-pressure tubes during the diving on land or boats permitted by the relevant authorities.

It is compulsory to keep first aid equipment in boats and diving places such as agencies, clubs, organizations, hotels, holiday resorts, training centers.

It is free to take photos and use video cameras underwater. Any kind of equipment may be used for photographing.

Maintenance of equipment

Article 12- The travel agencies, yachting enterprises and organizations and underwater clubs that organize diving for sportivesports purposes shall be obliged to make periodical testing and maintenance for the diving equipment owned and used by skin divers (such as tubes, regulators and balance vests). These tests may be carried out by the organizations stated in the regulation for civil skin divers, by the companies, which manufacture and sell diving equipments or by the institutions authorized by the Ministry of Industry and Trade.

Diving Boats

Article 13- Turkish boats shall be used during underwater diving. However, the foreigners who come with their own boats and foreign groups, which wish to dive from their boats, shall take the necessary permissions.

Diving Safety

Article 14- Two-person companion system shall be compulsory during diving. It is compulsory to use pennant diving buoys for the safety of divers.

Article 15-SportiveSports night diving for sportivesports and training purposes shall be made under the control of trainers and be subject to prior permission. Other night diving shall be forbidden.

PART THREE

Prohibitions

Article 16- It is forbidden to hunt water products during sportivesports diving for commercial purposes. SportiveSports hunting shall be made in accordance with the hunting principles identified with the Water Products Law dated 22/3/1971 and numberedNo 1380.

Article 17- It is forbidden to touch, damage, move and get and remove the cultural and natural valueassets out of sea basin even in order to show to museum officials. It is compulsory to inform the relevant officials when such valueassets are seen. The diving may not include actions, which may give damage to the ecologic balance of underwater.

PART FOUR

Miscellaneous Provisions

Article 18- The foreigners may dive provided that they abide by all necessary rules (including permissions and guides).

Article 19- In case of diving organized by travel agencies, yacht enterprises, underwater sports clubs and organizations (such as sportivesports diving tours, competitions, training diving), all responsibility shall belong to such organizations.

Article 20- Establishment of training centers and diving places in certified holiday resorts or villages or separate diving clubs and foundations shall be subject to application and obtaining the necessary permission from the General Directorate of Youth and Sports via the Provincial Governor.

Article 21- The services with regard to the training of qualified guide skin divers shall be provided by the General Directorate of Youth and Sports, Federation of Underwater sports, Rescuing and Water Ski.

Repealed Legislation

Article 22- The principles that are to be abided by foreigners during underwater diving in Turkey for sportivesports and amateur purposes” published on 30/4/1984 and the additional principles published on 6/3/1985 have been repealed.

Entry into force

Article 23- This regulation shall enter into force on the date of its publication.

Enforcement

The provisions of this regulation shall be enforced by the Minister of Tourism.