5.001(2m) “Coastal waters” means all of the following:
Section 2 NR 5.001(2m)(1) is created to read:
NR 5.001(2m)(1) The U.S. waters of the Great Lakes which include Lakes Erie, Huron, Michigan, Ontario, and Superior.
Section 3 NR 5.001(2m)(2) is created to read:
NR 5.001(2m)(2) The territorial seas of the United States.
Section 4 NR 5.001(2m)(3) is created to read:
NR. 5.001(2m)(3) Those waters directly connected to the Great Lakes and territorial seas including bays, sounds, harbors, rivers, and inlets where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles, as shown on the National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
Section 5 NR 5.001(11c) is created to read:
5.001(11c) “Personal flotation device” or “PFD” means a device that is approved by the US Coast Guard under 46 CFR Part 160. Section 6 NR 5.001(16a) is created to read:
5.001(16a) “Throwable PFD” means a PFD that is intended to be thrown to a person in the water. A throwable PFD includes a PFD marked as Type IV or Type V with Type IV performance. Unless specifically marked otherwise, a wearable PFD is not a throwable PFD.
Section 7 NR 5.001(16b) is created to read:
5.001(16b) “Visual distress signal” means a device that is approved by the US Coast Guard under 46 CFR Part 160 or certified by the manufacturer under 46 CFR Parts 160 and 161. Section 8 NR 5.001(17a) is created to read:
5.001(17a) “Wearable PFD” means a PFD that is intended to be worn or otherwise attached to the body. A wearable PFD includes a PFD marked as Type I, Type II, Type III, or Type V with Type I, II or III performance.
Section 9 NR 5.01(1)(a) is amended to read:
5.01(1)(a) Name of the each owner.
Section 10 NR 5.01(1)(b) is amended to read:
5.01(1)(b) Address of the each owner, including Zip code.
Section 11 NR 5.01(1)(c) is amended to read:
5.01(1)(c) Date of birth of the each owner.
Section 12 NR 5.01(1)(cm) is created to read:
5.01(1)(cm) Identification information for each vessel owner who applies for a certificate of number to include any of the following:
Section 13 NR 5.01(1)(cm)1. is created to read:
5.01(1)(cm)1. Owner’s tax identification number.
Section 14 NR 5.01(1)(cm)2. is created to read:
5.01(1)(cm)2. Date of birth with driver’s license number.
Section 15 NR 5.01(1)(cm)3. is created to read:
5.01(1)(cm)3. Date of birth together with other unique number.
Section 16 NR 5.01(1)(e) is amended to read:
5.01(1(e) State in which boat is or will be principally used operated.
Section 17 NR 5.04(1)(c) is amended to read:
5.04(1(c) State of principal use operation.
Section 18 NR 5.06(5) is created to read:
5.06(5) Upon assignment of a hull identification number required under s. 30.533(2), Stats. the owner shall permanently affix the assigned hull identification number to the starboard side of the transom of the vessel to which the hull identification number is assigned. Each hull identification number must be carved, burned, stamped, embossed, molded, bonded, or otherwise permanently affixed to the watercraft so that alteration, removal, or replacement would be obvious. Use of a plate must be fastened so that removal would cause scarring or damage to surrounding hull area. Hull identification number characters must be no less than ¼ inch in height and not attached to any removable part. The assigned hull identification number must be permanently affixed in 2 places. Section 19 NR 5.06(5)(a) is created to read:
5.06(5)(a). The primary hull identification number in watercraft with transoms shall be affixed to the starboard outboard side within 2 inches of the top of transom, gunwale, or hull deck joint, whichever is lowest. On vessels without transoms or impractical to use transom, to the starboard outboard side of hull, aft, within one foot of the stern and within 2 inches of the top of the hull side, gunwale or hull deck joint, whichever is lowest. On catamarans and pontoon boats with replaceable hulls, to the aft crossbeam, within 1 foot of the starboard hull attachment.
Section 20 NR 5.06(5)(b) is created to read:
5.06(5)(b). The duplicate hull identification number shall be affixed in an unexposed location on the interior of the vessel or beneath a fitting or item of hardware.
Section 21 NR 5.09(3)(b) is amended to read:
5.09(3)(b) Such political subdivision of the state shall, prior to authorizing placement, obtain the approval of the department. The political subdivision shall complete a waterway marker application form, indicating their approval or disapproval and submit the application to the department. The department shall review the application and approve or disapprove placement of the waterway markers. The department shall distribute a copy of the permit to the political subdivision, the applicant and the property owner. A copy of the permit will remain on file with the department. Mooring buoys placed within the boundaries of a state or federally approved mooring area are exempt from this section when such placement is authorized by the unit of government having jurisdiction. Approved waterway markers shall be labelled with a department assigned identification number. Waterway markers for which department approval was not obtained may be removed by the department.
Section 22 NR 5.11(2) is amended to read:
5.11(2) The fire extinguishers required on each class of motorboat shall be as follows:
Minimum Number of Hand-Portable Fire Extinguishers Required |
Vessel Length | No Fixed System | With Approved Fixed Systems |
26’ to less than 40’ | 2 B-1 or 1 B-11 | 1 B-1 |
40’ to 65’ | 3 B-1 or 1 B-11 and 1 B-1 | 2 B-1 or 1 B-11 |
Section 23 NR 5.11(2)(a) to (e) is repealed:
Section 24 NR 5.125(1)(b) is amended to read:
5.125(1)(b) An officer requesting a boat operator to submit to a noise test shall test the boat using testing methods J34a J34, J1970 or J2005.
Section 25 NR 5.125(1)(c) is amended to read:
5.125(1)(c) When the J2005 testing method is used, the officer shall deduct 2 decibels from the decibel reading obtained in order for the test to be comparable to the J34a and J1970 tests.
Section 26 NR 5.125(1)(d) is repealed:
Section 27 NR 5.125(1)(e) is repealed:
Section 28 NR 5.125(1) (Note) is amended to read:
Note: Copies of the Society of Automotive Engineers Recommended Practice Report J34a J34, J1970 and J2005 entitled “Exterior Sound Level Measurement Procedure for Pleasure Motorboats” may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096.
Section 29 NR 5.13(1)(intro.) is amended to read:
5.13(1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including but not limited to inflatables and sailboards, used on waters subject to the jurisdiction of this state except:
Section 30 NR 5.13(2)(a)(intro.) is amended to read:
5.13(2)(a)(intro) No person may operate or use a boat unless all of the following requirements are met at least one PFD of the following types or their equivalents listed in figure 1 is on board for each person:
Section 31 NR 5.13(2)(a)1. is amended to read:
5.13(2)(a)1. Type I PFD At least one wearable PFD is on board for each person.
Section 32 NR 5.13(2)(a)2. is amended to read:
5.13(2)(a)2. Type II PFD Each PFD is used in accordance with any requirements on the approved label.
Section 33 NR 5.13(2)(a)3. is amended to read:
5.13(2)(a)3. Type III PFD Each PFD is used in accordance with any requirements in its owner’s manual, if the approval label makes reference to such a manual.
Section 34 NR 5.13(2)(b) is amended to read:
5.13(2)(b) No person may operate or use a boat 16 feet or more in length, except a canoe or kayak, unless at least one type IV throwable PFD or its equivalent listed in figure 1 is on board in addition to the PFDs total number of wearable PFDs required in par.(a).
Section 35 NR 5.13(2)(c) is repealed:
Section 36 NR 5.13(2)(d) is renumbered and amended to read:
5.13(2)(c) No person may operate or use a boat of any size to carry passengers for hire unless at least one type I wearable PFD or its equivalent listed in figure 1 is on board for each person and in addition one ring life buoy as listed in figure 1 throwable PFD must be carried on board such boats recreational vessels which are 26 feet or more in length.
Section 37 NR 5.13(3)(a) is amended to read:
5.13(3)(a) No person may use a boat unless each type I, type II, type III or type V wearable PFD required by sub. (2) is readily accessible.
Section 38 NR 5.13(3)(b) is amended to read:
5.13(3)(b) No person may operate or use a boat unless each type IV throwable PFD required by sub. (2) is immediately available.
Section 39 NR 5.13(4)(intro.) is amended to read:
5.13(4)(intro.) CONDITIONS, APPROVAL, MARKING. No person may operate or use a boat unless each device required by this section is marked as follows:
Section 40 NR 5.13(4)(b) is amended to read:
5.13(4)(b) Legibly marked with the approval number as listed in figure 1 for items subject to approval, and Of an appropriate size for the person for whom it is intended.
Section 41 NR 5.13(4)(c) is amended to read:
5.13(4)(c) Of an appropriate size for the person for whom it is intended. Each personal flotation device must be marked in accordance with the recognized laboratory’s listing and labelling requirements. At a minimum, labels must include all of the following:
Section 42 NR 5.13(4)(c)1. is created to read:
5.13(4)(c)1. Size information, as appropriate.
Section 43 NR 5.13(4)(c)2. is created to read:
5.13(4)(c)2. The US Coast Guard approval number.
Section 44 NR 5.13(4)(c)3. is created to read:
5.13(4)(c)3. Manufacturer’s contact information.
Section 45 NR 5.13(4)(c)4. is created to read:
