Flares are needed past the open water line, you need to confirm where that is in your area I know on the harbour it is BEFORE the heads.
I got done for out of date flares last week at longy, he advised there is ZERO tolerance from now on. I had every otjer piece of safety equipment and we both had jackets on.
Flare kit was only 56 bucks and as above is a no brainer. EPIRB was expensive but essential too.
Happy safe fishing!