NR 5.18NR 5.18 Boating education certification program fee. NR 5.18(1)(1) Temporary boating education certificates. NR 5.18(1)(a)(a) Eligibility. Only individuals who meet all of the following are eligible to receive a temporary boating education certificate: NR 5.18(1)(a)1.1. A person who is or will be renting or leasing a motor boat from a rental agent who has agreed to provide them with boating education training as required under par. (c). NR 5.18(1)(b)(b) Effective period. All of the following conditions apply to a temporary boating education certificate issued under this section: NR 5.18(1)(b)1.1. Shall be valid from the time and date of issuance, until the end of the calendar year issued. NR 5.18(1)(b)3.3. Shall only be valid for the operation of a motor boat which is rented or leased by the holder of the certificate. NR 5.18 NoteNote: Temporary boating education certificates are only available for and may not to be issued to persons who are not renting or leasing the motor boat. Persons age 10-15 are not eligible for a temporary boating education certificate. Pursuant to s. 30.678(1), Stats., a person age 10-15 may operate a motor boat that is not a personal watercraft (PWC) if they are accompanied by a parent or guardian or by a person who is at least 18 years of age and who is designated by a parent or guardian. Persons age 12-15 may operate a motor boat, including a PWC without an adult, parent or guardian present if they hold a valid boating education certificate issued by the department under s. 30.74(1)(a), Stats. NR 5.18(1)(c)1.1. The department shall create a short course of instruction which covers the Wisconsin general boating laws and the safe operation of a motor boat. These courses may be offered through a rental agent that rents or leases motor boats to the public, or by the department. NR 5.18(1)(c)2.2. A rental agent that rents or leases motor boats and offers a course of instruction under this paragraph shall issue a temporary boating education certificate to persons 16 years of age or older successfully completing the course. NR 5.18(1)(c)3.3. The department shall prescribe the course content in a student manual to be provided to any rental agent that rents or leases motor boats to the public. NR 5.18(1)(c)4.4. The department shall prescribe the form of the temporary certificate that shall be provided to any person that successfully completes that training and passes an exam provided by the department with the manual. NR 5.18(2)(2) Course and certificate issuance fees. NR 5.18(2)(a)(a) Department sponsored courses. The fee for the boating education certification course taught by the department or an instructor certified by the department to teach the department’s boating education program authorized under s. 30.74 (1) (a), Stats., shall be $10.00. The department may authorize the instructors to retain up to 50% of the fee to defray expenses incurred locally to operate the program based on the actual cost incurred to the instructor. The remaining funds shall be turned in to the department to defray expenses incurred to operate the boating safety program during the year. NR 5.18(2)(b)(b) Department approved courses. The portion of the fees collected for certification and turned into the department for courses taught by the United States Power Squadron, United States Coast Guard Auxiliary and other entities which are covered by a memorandum of understanding with the department regarding boating education courses shall be $1.00. This paragraph does not prevent those entities covered by a memorandum of understanding with the department from charging a fee that is reasonable to defray their costs of administering and operating the courses they provide. The department may authorize specialized fees for internet based education certification programs pursuant to a memorandum of understanding with the managing entity. The fee shall be sufficient to defray authorized operational costs of the managing entity and the department. NR 5.18(2)(c)1.1. The fees for a temporary boating education certificate issued under sub. (1) shall be $10.00. A rental agent that offers training and certification pursuant to sub. (1) (c), shall collect the fee and may retain up to 50% of the fee to defray expenses incurred by them to conduct the training and exam and issue the certificate. The remaining funds shall be remitted to the department along with the records to be submitted under subd. 2. NR 5.18(2)(c)2.2. All rental agents who provide a course of instruction under this section shall submit an annual report to the department by December 31 each year for any training provided and certification issued during that calendar year. The report shall contain the following information regarding each person who completes the training and exam described in sub. (1) (c) during the calendar year: NR 5.18(2)(c)2.c.c. The date each person’s temporary boating education certificate was issued. NR 5.18(2)(c)3.3. Rental agents shall maintain a written or electronic record of all information required under subd. 2. for a period of 2 years after the deadline for submitting the information to the department a required under subd. 2. NR 5.18(2)(c)4.4. Copies of records or reports required to be kept under this section shall be made available for inspection and coping by the department during normal business hours. No rental agent who has been requested to submit to an inspection under this section, or employee or person acting on behalf of such rental agent shall refuse to provide the department or its agents any record or report required to be kept under this section. NR 5.18 HistoryHistory: Cr. Register, March, 2000, No. 531, eff. 4-1-00; CR 06-132: r. and recr. Register August 2007 No. 620, eff. 9-1-07. NR 5.19NR 5.19 Exemptions for water exhibitions and races. NR 5.19(1)(1) Exemptions to s. 30.61 (1) or (10), 30.62 (2), 30.66, 30.68 (4m), or 30.69 (1) (c) or (3) (a) to (c), Stats., are granted to persons participating in water exhibitions or races provided the water exhibition or race is conducted under a permit issued by the appropriate political subdivision pursuant to s. 30.77, Stats., or by an authorized agency of the federal government. NR 5.19(2)(2) Permits granted by appropriate political subdivisions or an authorized agency of the federal government shall designate the location, time and activities to be allowed and shall be at the site when any race or exhibition is taking place and available for inspection upon demand of the department or a representative of the appropriate political subdivision of the state. NR 5.19 HistoryHistory: Cr. Register, July, 1993, No. 451, eff. 8-1-93; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551. NR 5.20NR 5.20 Modification or waiver of slow-no-wake speed restriction on certain lakes. Section 30.635, Stats., provides that the department may modify or waive the slow-no-wake speed restriction on lakes 50 acres or less in size having public access. The following procedure is established to implement that provision: NR 5.20(1)(1) Submission of petition for modification or waiver by rule. Pursuant to s. 227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in a rule may petition for such a rule to modify or waive the slow-no-wake speed restriction on a particular lake. NR 5.20(2)(2) Contents of petition. The petition shall state clearly and concisely: NR 5.20(2)(a)(a) The substance or nature of the rule-making which is requested; and NR 5.20(2)(b)(b) The reasons for the request and the petitioners’ interest in the request; and NR 5.20(2)(c)(c) References to the authority of the agency to take the action which is requested. NR 5.20(3)(3) Service on the department. The petition shall be served on the department of natural resources either by delivery to the office of the secretary or by mailing to the secretary by certified mail at the following address: P.O. Box 7921, Madison, Wisconsin 53707. NR 5.20(4)(4) Department action on petition. Upon receipt of a petition for modification or waiver, the following procedures shall apply without prior authorization of the natural resources board: NR 5.20(4)(a)(a) The department shall schedule a rule-making hearing within a reasonable period of time for the purpose of receiving the comments and views of all interested persons on the petition. NR 5.20(4)(b)(b) Based upon information received at the hearing and the determinations made pursuant to par. (c), the department will either proceed with rule-making or deny the petition in writing. The department is not limited to the rule-making proposed by the petitioner but may modify or waive the slow-no-wake speed restriction in any manner it deems appropriate. NR 5.20(4)(c)(c) The department shall in making the decision under par. (b) determine: NR 5.20(4)(c)1.1. If the lake is in fact 50 acres or less and has public access. A petition may be received for a lake fluctuating in size where the petitioner shows that the lake has been 50 acres or less in the past. NR 5.20(4)(c)2.2. Whether public safety will be impaired by modification or waiver of the slow-no-wake speed restriction. NR 5.20(4)(c)3.3. Whether modification or waiver of the slow-no-wake speed restriction will cause environmental pollution as defined in s. 283.01 (6m), Stats. NR 5.20 HistoryHistory: Emerg. cr. eff. 7-28-75; cr. Register, June, 1976, No. 246, eff. 7-1-76; am. (3), Register, April, 1985, No. 352, eff. 5-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1989, No. 397; correction in (4) (c) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531. NR 5.21NR 5.21 Lakes upon which the slow-no-wake speed restriction is modified or waived. The Wisconsin department of natural resources hereby defines by rule, pursuant to s. 30.635, Stats., the following waters upon which the slow-no-wake speed restriction is modified or waived: NR 5.21(1)(1) The slow-no-wake speed restriction is waived on the waters of Dutchman (Lad) lake, located in section 2, township 6 north, range 17 east in Waukesha county. NR 5.21(2)(2) The slow-no-wake speed restriction is waived on the waters of Wild Rose mill pond, located in the village of Wild Rose, Waushara county, the last full weekend in June of each year. NR 5.21(3)(3) The slow-no-wake speed restriction is waived on the waters of Lake Tombeau, located in the town of Bloomfield, Walworth county between the hours of 10:00 a.m. and sunset from May 15 to September 15. NR 5.21(4)(4) The slow-no-wake speed restriction is waived on the waters of Elkhorn Lake located in the city of Elkhorn, Walworth County. NR 5.21 HistoryHistory: Cr. Register, May, 1977, No. 257, eff. 6-1-77; cr. (2), Register, June, 1997, No. 498, eff. 7-1-97; cr. (3), Register, October, 1998, No. 514, eff. 11-1-98; CR 03-074: cr. (4) Register March 2004 No. 579, eff. 4-1-04. NR 5.22NR 5.22 Refusal hearings. Issues raised pursuant to s. 30.684 (5) (a) or (b), Stats., shall be raised by the defendant as a motion before trial contesting the validity of the arrest in the same manner as motions in misdemeanor actions filed under s. 971.31, Stats. NR 5.22 HistoryHistory: Cr. Register, May 1995, No. 473, eff. 6-1-95; correction made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551. NR 5.30NR 5.30 Lower St. Croix river preservation, purpose. These rules are adopted to promote full use by all of the people, now and in the future, of the water surface of the lower St. Croix river in a manner consistent with safety for persons and property and with the enjoyment of the scenic and recreational values which caused the river to be designated a national scenic riverway. These rules are promulgated to further the objectives of s. 30.27, Stats., the lower St. Croix river preservation. NR 5.30 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78. NR 5.31NR 5.31 Applicability. These rules apply to the waters of the lower St. Croix river from the dam at St. Croix Falls to its confluence with the Mississippi river. NR 5.31 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78. NR 5.32(1)(1) “Mile” means distance in miles above the confluence of the St. Croix river with the Mississippi river. NR 5.32(3)(3) “Slow-no-wake” means operation of a motorboat at the slowest possible speed necessary to maintain steerage. NR 5.32(4)(4) “Slow-speed” means operation of a motorboat at a leisurely speed, less than planing speed, whereby the wake or wash created by the motorboat is minimal. NR 5.32 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78. NR 5.33NR 5.33 Restricted speed zones. NR 5.33(1)(1) No motorboat shall be operated in excess of a slow speed from the dam at St. Croix Falls to the sandbars located at mile 31.0. NR 5.33(1)(a)(a) From May 15 through September 15, after 6:00 pm on Saturdays, Sundays and legal holidays until sunrise of the next day, from the sandbar located at mile 30.0 to the Stillwater, Minnesota north city limits at mile 25.0. NR 5.33(2)(2) No motorboat shall be operated in excess of a slow-no-wake speed in the following areas: NR 5.33(2)(a)(a) At the narrows located approximately at mile 28.6, which is 0.4 miles downstream from the Arcola high bridge. NR 5.33(2)(b)(b) Between the coast guard navigational buoys designating location of the navigational channel from the railroad swing bridge located at mile 17.3 to the south side of the southern-most bridge in the interstate highway 94 corridor located at mile 16.1, and from shore to shore in the area known as South Hudson Bay, down stream from the Hudson dike road to the embankment of interstate highway 94. NR 5.33(2)(c)(c) Between the coast guard navigational buoys designating the Kinnickinnic river delta narrows from mile 6.6 to mile 6.0. NR 5.33(2)(d)(d) At the Prescott narrows from the north side of the U.S. highway #10 bridge located at mile 0.3 to the confluence of the St. Croix river with the Mississippi river. NR 5.33(2)(e)(e) Within 100 feet of shore (including the shores of islands) and of swimmers, from sandbars located at mile 31.0 to the confluence of the St. Croix river with the Mississippi river. NR 5.33(2)(f)(f) In the bay formed by the Kinnickinnic river delta, north and east of Donut island, at mile 6.0. NR 5.33(2)(g)(g) From shore to shore in the area known as Afton Catfish Bar, located approximately at mile 11.4 to 11.8, as measured in the navigational channel, and established by regulatory buoys; and between the dam at Taylors Falls to the confluence of the St. Croix river with the Mississippi river, whenever the water level reaches or exceeds 683.0 feet mean sea level, as measured at the Stillwater gauge, and marked by regulatory buoys. NR 5.33(2)(h)(h) From May 15 through September 15, after 12:00 noon on Saturdays, Sundays and legal holidays until 6:00 pm from the sandbar located at mile 30.0 to the Stillwater, Minnesota north city limits at mile 25.0. NR 5.33(3)(3) Any motorboat designated for law enforcement shall be exempt from subs. (1) and (2) in circumstances involving emergencies or when engaged in law enforcement. NR 5.33(4)(4) No motorboat shall be operated in excess of a slow no wake speed within 100 feet of a stationary or drifting authorized patrol vessel or emergency vessel displaying an emergency light or siren. NR 5.33 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78; cr. (2) (f), Register, November, 1984, No. 347, eff. 12-1-84; correction in (3) made under s. 13.93 (2m) (b) 4., Stats., Register, January, 1989, No. 397; emerg. cr. (2) (g), eff. 4-15-91; cr. (2) (g), Register, August, 1991, No. 428, eff. 9-1-91; cr. (1) (a) and (2) (h), am. (2) (b), Register, May, 1995, No. 473, eff. 6-1-95; CR 14-048: cr. (4) Register May 2015 No. 713, eff. 6-1-15. NR 5.34(1)(1) No motorboat towing a person on water skis, aquaplane or similar device shall be operated between sunset and sunrise on the St. Croix river from the dam at St. Croix Falls to its confluence with the Mississippi river. NR 5.34(2)(2) No motorboat towing a person on water skis, aquaplane or similar device shall be operated in any zone designated a restricted speed zone under s. NR 5.33. A motorboat launching or landing a person on water skis, aquaplane or similar device by the most direct route to open water shall be exempt from s. NR 5.33 (2) (e). NR 5.34(3)(3) From May 15 through September 15, no motorboat towing a person on water skis, aquaplane or similar device may operate after 12:00 noon on Saturdays, Sundays and legal holidays, from the sandbars located at mile 31.0 to the upper end of the federal 9-foot navigation channel at mile 24.5. NR 5.34 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78; am. (3), Register, November, 1984, No. 347, eff. 12-1-84. NR 5.36NR 5.36 Effective date. These rules shall be effective upon the adoption of laws, rules or regulations providing for similar limitations or prohibitions on the operation and use of motorboats on the same segments of the lower St. Croix river by the state of Minnesota. NR 5.36 HistoryHistory: Cr. Register, October, 1978, No. 274, eff. 11-1-78.
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