NR 5.12 NoteNote: The volume of integral structure aft of the transom below the static float line may be added to the calculated cubic capacity.
NR 5.12(3)(a)5.5. The weight capacity for the craft shall then be the sum of the weight for passengers plus the weight for the maximum horsepower motor for which the boat is recommended, full fuel tanks and operating equipment. NR 5.12(3)(b)(b) A substitute method for determining the weight capacity of pontoon boats may be applied to pontoon boats having only one deck. The deck must be within the width of the pontoons, must be no more than 6 inches above the pontoons, its length within the railings must be no more than 80% of the pontoon length, must not overhang the pontoon, and must be capable of draining overboard freely. If the boat complies with these conditions, the weight capacity shall not exceed one half of the reserve buoyancy of the boat which shall be determined by subtracting the weight of the vessel including the weight of the maximum horsepower motor for which the boat is recommended, full fuel tanks and normal operating equipment from the buoyant force of the boat’s pontoons or similar flotation devices. NR 5.12(4)(4) Passenger capacity. The recommended passenger capacity of those vessels covered by s. 30.501, Stats., shall be determined by the following equations, using whichever is less: NR 5.12(5)(5) Linear measurements. In the preceding paragraphs of this section all linear measurements are taken outside planking or plating and recorded in feet with decimal equivalents for inches and eighths, all volume measurements in cubic feet and all weight measurements are in pounds. NR 5.12(6)(6) Maximum safe horsepower capacity. The determination of maximum safe horsepower capacity of outboard equipped motorboats less than 20 feet in length covered by s. 30.501, Stats., shall be calculated by the use of the following formulas: NR 5.12(6)(a)(a) Step 1. Measure length of vessel (midline measurement) and the width of the transom (or back of the boat) (across the top), recording in feet and inches. Convert inches to hundredths of a foot (Table 1). Multiply length times width to determine FACTOR. For .5 or above round off FACTOR to the next higher whole number. If FACTOR number is between 0 and 52, use Table 2 to determine maximum safe horsepower capacity in calm water. Table 1
Table 2
NR 5.12(6)(b)(b) Step 2. If FACTOR number is larger than 52.0, the safe outboard horsepower capacity is figured according to the type of steering and the height of the transom. Measure transom height in inches (measure from bottom of keel to lowest point of the transom). For outboards with remote steering and a transom height of at least 20 inches, multiply the FACTOR by 2, subtract 90 and raise the answer to nearest multiple of 5. The resulting number is the maximum safe horsepower in calm water. NR 5.12 NoteNote: Following are examples of how to raise answer to nearest multiple of 5:
NR 5.12 NoteIf the second numeral in your answer is a 5 or a 0, DO NOT CHANGE ANSWER.
NR 5.12 NoteIf the second numeral in your answer is 1, 2, 3, or 4, change it to 5. For example, 21, 22, 23, or 24 would all be changed to 25.
NR 5.12 NoteIf the second numeral in your answer is 6, 7, 8, or 9, change it to a 0 and raise the first numeral by 1. For example, 26, 27, 28, or 29 would all be changed to 30.
NR 5.12(6)(c)(c) Step 3. For outboards that do not have remote steering or the transom height is less than 20 inches, multiply FACTOR by 0.8, subtract 25 and raise the answer to nearest multiple of 5. The final answer is the maximum safe horsepower in calm water. NR 5.12(6)(d)(d) Step 4. For flat-bottomed, hard chine (where the side meets the bottom) outboards that do not have remote steering or the transom height is less than 20 inches, multiply FACTOR by 0.5 and subtract 15, raise answer to the nearest multiple of 5, the final answer is the maximum safe horsepower in calm water. NR 5.12 NoteNote: The above formulas and tables used to determine maximum safe horsepower capacity for outboard motorboats appear in 33 CFR 183.53. NR 5.12 HistoryHistory: Cr. Register, March, 1966, No. 123, eff. 4-1-66; renum. from WCD 5.12 to be NR 5.12, Register, March, 1971, No. 183, eff. 4-1-71; cr. (6), Register, April, 1985, No. 352, eff. 5-1-85; am. (6) (intro.), Register, July, 1993, No. 451, eff. 8-1-93; am. (6) (b), Register, May, 1995, No. 473, eff. 6-1-95. NR 5.125NR 5.125 Noise level standards for motor boats. NR 5.125(1)(a)(a) The operator of any boat, when requested by a law enforcement officer who reasonably suspects a violation of s. 30.62 (2), Stats., shall operate his or her boat in a manner prescribed by the officer, to determine compliance with s. 30.62 (2), Stats. NR 5.125(1)(b)(b) An officer requesting a boat operator to submit to a noise test shall test the boat using testing methods J34, J1970 or J2005. NR 5.125(1)(c)(c) When the J2005 testing method is used, the officer shall deduct 2 decibels from the decibel reading. NR 5.125 NoteNote: Copies of the Society of Automotive Engineers Recommended Practice Report 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.
NR 5.125(2)(a)(a) The manufacturer of any engine model manufactured after September 1, 1986 and offered for sale in this state will send a letter of compliance to the Wisconsin Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin 53707 (Attention: Boating Safety Section). NR 5.125(2)(b)2.2. A statement that a representative sample of each model or model group, properly installed on a motorboat on which it is typically used, has been tested in accordance with Society of Automotive Engineers Recommended Practice SAE J34a, dated April, 1977, and meets the requirements of s. 30.62 (2), Stats. NR 5.125(2)(b)3.3. The description and model designation of each representative engine and the motorboat on which it was tested. NR 5.125(2)(c)(c) The department may request additional information from the manufacturer to determine if the engine complies with SAE J34a, dated April, 1977, and s. 30.62 (2), Stats. NR 5.125(3)(a)(a) Manufacturer’s standard. The noise level testing procedures of the Society of Automotive Engineers Recommended Practice Report J34a, dated April, 1977, shall be adhered to by manufacturers when submitting proof of compliance according to s. 30.62 (2) (d), Stats. NR 5.125(3)(b)(b) Operation standard. Noise level testing procedures J34a, J1970 or J2005 of the Society of Automotive Engineers shall be adhered to by boat operators when requested to submit to one or more of them by officers conducting noise tests on boats operating in the state of Wisconsin. NR 5.125(4)(4) Cutout mechanisms. No person may operate a boat that is equipped with a muffler cut out, by-pass switch or similar device unless the operator of the boat can demonstrate at the time of inspection that the boat cannot operate contrary to s. 30.62 (2) (b), Stats. NR 5.125(5)(5) Refusal to allow testing. No operator of any boat may refuse to operate his or her boat in a manner prescribed by the law enforcement officer who reasonably suspects a violation of s. 30.62 (2), Stats. NR 5.125(6)(6) Exemptions. Any boat being operated for one of the following purposes is exempt from the noise level requirements established for motorboats under s. 30.62 (2) (b), Stats. NR 5.125(6)(a)(a) A boat being used by an authorized agent of the federal, state or municipal government to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs. NR 5.125(6)(b)(b) A boat being used for search and rescue or training for search and rescue operations at the request of a governmental agency, while being used under the direction or control of a governmental agency. NR 5.125(6)(c)(c) A boat being used by a trapper for the sole purpose of trapping from November 1 thru March 31. This paragraph does not apply after March 31, 2009. NR 5.125 NoteNote: Section 30.62 (2)(b), Stats., states that no person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an “A” weighted decibel scale. NR 5.125 NoteNote: Copies of the Society of Automotive Engineers Recommended Practice Report J34a, entitled “Exterior Sound Level Measurement Procedure for Pleasure Motorboats”, dated April, 1977, may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096 and are also available for inspection at the following offices: The Department of Natural Resources, 101 South Webster, Box 7921, Madison, Wisconsin 53707; the Office of the Secretary of State, Madison, Wisconsin; and the Legislative Reference Bureau, One East Main Street, Madison, Wisconsin.
NR 5.125 HistoryHistory: Cr. Register, August, 1986, No. 368, eff. 9-1-86; renum. (1) (a) to (d) to be 5.001 (8), (11), (9), (10), Register, July, 1993, No. 451, eff. 8-1-93; cr. (1), (4) and (5), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1) (b), renum. (3) to be (3) (a), cr. (3) (b), am. (4), Register, March, 2000, No. 531, eff. 4-1-00; CR 01-007: r. and recr. (1) (c), Register November 2001 No. 551, eff. 12-1-01; CR 06-039: cr. (1) (d), (e) and (6) Register December 2007 No. 624, eff. 1-1-08; CR 14-048: am. (1) (b) and (c), r. (1) (d) and (e) Register May 2015 No. 713, eff. 6-1-15. NR 5.13NR 5.13 Personal flotation and life saving device requirements. NR 5.13(1)(1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including inflatables, used on waters subject to the jurisdiction of this state except: NR 5.13(1)(a)(a) Racing shells, rowing sculls, and racing kayaks that are recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing. NR 5.13(1)(b)(b) Foreign boats temporarily using waters subject to state jurisdiction. NR 5.13(1)(c)(c) Military or public boats of the United States, except recreational-type public vessels. NR 5.13(2)(2) Personal flotation device (pfd) requirements. NR 5.13(2)(a)(a) No person may operate or use a boat unless all of the following requirements are met: NR 5.13(2)(a)2.2. Each PFD is used in accordance with any requirements on the approved label. NR 5.13(2)(a)3.3. Each PFD is used in accordance with any requirements in its owner’s manual, if the approval label makes reference to such a manual. NR 5.13(2)(b)(b) No person may operate or use a boat 16 feet or more in length, except a canoe or kayak, unless at least one throwable PFD is on board in addition to the total number of wearable PFDs required in par. (a). NR 5.13(2)(c)(c) No person may operate or use a boat of any size to carry passengers for hire unless at least one wearable PFD is on board for each person and in addition one throwable PFD must be carried on board such recreational vessels which are 26 feet or more in length. NR 5.13(3)(a)(a) No person may use a boat unless each wearable PFD required by sub. (2) is readily accessible. NR 5.13(3)(b)(b) No person may operate or use a boat unless each throwable PFD required by sub. (2) is immediately available. NR 5.13(4)(4) Conditions, approval, marking. No person may operate or use a boat unless each device required by this section is marked as follows: NR 5.13(4)(a)(a) In serviceable condition to perform the intended uses and absent of any tears, punctures or other deformations from its original manufactured design. NR 5.13(4)(b)(b) Of an appropriate size for the person for whom it is intended. NR 5.13(4)(c)(c) 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: NR 5.13(4)(c)6.6. Any limitations or restrictions on approval or special instructions for use. NR 5.13(4)(d)(d) Marking must be of a type which will be durable and legible for the expected live of the device. NR 5.13(5)(5) Visual Distress Signals. It is unlawful to operate any watercraft on the coastal waters of the United States without having onboard visual distress signals as required and approved by the U.S. Coast Guard, so placed as to be readily accessible and in such condition as to be ready for immediate and effective use. NR 5.13(6)(a)(a) As required by the U.S. Coast Guard Navigation Rules, a vessel less than 39.4 feet must, at a minimum, have some means of making an efficient sound signal, (i.e., handheld air horn, athletic whistle, installed horn, etc.). A human voice or sound is not acceptable. NR 5.13(6)(b)(b) A vessel 39.4 feet or greater must have a sound signaling appliance capable of producing an efficient sound signal, audible for 1/2 mile with a 4 to 6 seconds duration. In addition, the vessel must carry on board a bell with a clapper. The bell size shall be no less than 7.9 inches, based on the diameter of the mouth. NR 5.13 HistoryHistory: Cr. Register, June, 1974, No. 222, eff. 7-1-74; am. (1) (intro.), (2) (a), (b), (c), r. (3) (a), renum. (3) (b) and (c) to be (2) (d) and (e), (4) to (6) to be (3) to (5) and am. (4) (intro.) and (5), Register, April, 1985, No. 352, eff. 5-1-85; am. (4) (a), Register, July, 1993, No. 451, eff. 8-1-83; am. (2) (a), r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d) and am. (2) (b), Register, May, 1995, No. 473, eff. 6-1-95; CR 14-048: am. (1) (intro.), (2) (a), (b), r. (c), renum. (2) (c) from (2) (d) and am., am. (3), (4) (intro.), r. (4) (b), renum. (4) (b) from (4) (c), cr. (4) (c), (d), am. (5), r. (5) Figure 1, cr. (6) Register May 2015 No. 713, eff. 6-1-15, correction in (6) (a), (b) under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713, eff. 6-1-15; correction in numbering (6) (a), (b) under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713. NR 5.14NR 5.14 Jurisdiction of municipal water safety patrols. The Wisconsin department of natural resources hereby defines by rule, pursuant to s. 30.79 (4), Stats., the following waters which may be patrolled by the respective water safety patrol units mentioned: NR 5.14(1)(1) The waters of Wallace lake, located in section 1, township 11 north, range 19 east and section 6, township 11 north, range 20 east in Washington county, by a water safety patrol operated by the town of Trenton. NR 5.14(2)(2) The portion of Golden Lake, described herein, located in sections 30 and 31, township 7 north, range 17 east, Waukesha county, by a water safety patrol unit operated by the town of Summit: all of Golden lake except that portion in section 25, township 7 north, range 16 east, Jefferson county, which lies to the west of the easterly boundary of section 25; said boundary marked by a north-south line drawn between two certified land corner monuments; the north concrete monument being located 1167.5 feet south from the northeast corner of section 25 and the south concrete monument being located 576.7 feet north from the southeast corner of section 25. NR 5.14 HistoryHistory: Cr. Register, August, 1975, No. 236, eff. 9-1-75; cr. (2), Register, November, 1977, No. 263, eff. 12-1-77. NR 5.15NR 5.15 Posting requirements. The posting requirements for local authorities under s. 30.77 (4), Stats., shall be a sign with a minimum of 3 inch lettering stating “Local Ordinance” posted at each public landing. The sign shall list, in letters with a minimum height of one inch, a summary, synopsis, or outline of those regulations more restrictive than state law, or shall contain a map made of a durable material showing those areas with local restrictions, or both, including but not limited to speed limits, water ski hours and personal watercraft restrictions, if any. NR 5.15 HistoryHistory: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. Register, March, 2000, No. 531, eff. 4-1-00. NR 5.16NR 5.16 Instruction for rental or leased personal watercraft. Instruction for the purpose of s. 30.625 (1) (a), Stats., shall include the following: NR 5.16(1)(1) The display of a personal watercraft decal in a location as specified by the department on the decal, by the owner or lessor of the watercraft explaining personal watercraft rules. NR 5.16(2)(2) A minimum of a 5 minute oral review to the operator of all of Wisconsin’s special personal watercraft rules as supplied by the department by the lessor, or by an agent of the lessor, before operation of the personal watercraft occurs. NR 5.16 NoteNote: Personal watercraft decals and special watercraft rules and acknowledgement forms, may be obtained from the Boating Safety Section, P.O. Box 7921, Madison, Wisconsin 53707.
NR 5.16 HistoryHistory: Cr. Register, May, 1995, Register, No. 473, eff. 6-1-95. NR 5.17NR 5.17 Lighting requirements.
