Section 53-54 prohibits vessel owners from displaying blue colored lights which may be confused with an authorized patrol or emergency vessel. Pleasure boaters with aftermarket blue LED lighting can easily be mistaken for law enforcement in the dark of night.
Section 55 requires vessel operators to operate at slow no wake speeds when approaching a patrol or emergency vessel that is displaying an emergency light or siren due to public safety and law enforcement officer safety concerns.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: A state's eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility
7. Comparison with Similar Rules in Adjacent States: Adjacent states have substantially the same rules as eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: Eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The department anticipates that the proposed rule will have no more than a minimal economic impact.
10. Effect on Small Business (initial regulatory flexibility analysis): None
11. Agency Contact Person: Roy Zellmer, Boating Law Administrator, Bureau of Law Enforcement, roy.zellmer@wisconsin.gov. 608-212-5385 12. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail or email to:
Penny Kanable
Department of Natural Resources
P.O. Box 7921, Madison, WI 53707.
Hearing dates and the comment submission deadline are to be determined.
Section 1 NR 5.001(2m) is created to read:
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:
