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HomeMy WebLinkAbout#181 Regulating use olake Johanna •r . a STATE OF MINNESOTA COUNTSC OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. AN ORDINANCE REGULATING THE SURFACE USE OF THE WATERS OF LAKE JOHANNA (62-78), It4POSING PENALTIES FOR VIOLATIONS THEREOFF AND REPEALING ORDINANCES Nos. 9 AND 33 The City Council of Arden Hills ordains: Section 1. Purpose, Intent and Application. As authorized y SectioT 3'7$ .32, Su-bd. 1 of Minnesota Statutes, as now in effect and as hereafter amended, this Ordinance is ! enacted for the purpose and with the intent to control and ~ regulate the use af the waters of Lake Johanna (62-78), T. 30, ; R. 23, S. 33-34, Ramsey County, Minnesota, a body of water located entirely within the boundaries of the City of Arden ! Hi11s, to promote its fullest use and enjoyment by the public in general and the citizens of the City of Arden Hills in particular; to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; to fulfill a demand for the regulation of said waters as indicated by citizens of the City of Arden Hills who responded to questionnaires circulated by the City as ta the need far such regulations; and to promote the general health, safety and welfare of the citizens of Arden Hills. Sectian 2. Rdoption and Inco rporation bX Reference of Minnesota Raters and Watercra t a et ws and Boat an~ ater iifgt UV;9 irM Mi u atJ.ons Protnu ate ~.nnesota epartment a Natura esources. e inneso a aters an Watercraft Safety Laws, Sections 361.01-361.29, as they now exist and are hereafter amended, and the Boat and Water Safety Rules and Regulations promulgated by the State of Minnesota Department of Natural Resources, NR 200-212, as the sariie now , exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three copies of said Waters and Water- craft Safety Laws and Boat and Water Safety Rules and Regulations, so adopted, shall be marked as official copies and filed in t:le office of the Clerk-Administrator of the City of Arden Hills along witli this Ordinance. Section 3. Violations of the Minnesota Waters and Watercraft a ety aws an Boat an ater a ety u es an egula- t oi ns Promulgated btrie~Flinneso a epar menE of NaturaZ e~ sources . Any person violating t e Minnesota Waters and Watercraft Safety Laws and the Boat and Water Safety Rules and Regulations promulgated by the Minr..esota DeparbAent of Natural Resources, adopted and incorporated herein by reference, shall be subject to the penalties and punistunent hereinafter provided. _ , . Section 4. Surface Zonin of Lake Johanna. a A oPtion an ncorporation y e erence of Surface Zon ni Ma of Lake Jo anna. T e boun aries of t e various spee zones of .the waters of Lake Johanna established hereby are designated on the map accompanying this Ordinance, - which map is adopted and incorporated . herein by reference and shall herein- after be referred to as the "Surface Water Zoning Map of Lake Johanna". (b) Restri CfT cted S eed Zones. Esta is ment and Desi nation Thereof. ere is ere y esta is ed ancreated a Restricted Speed Zone between the shoreline of Lake Johanna and a line approximately 250 feet frora the shoreline, which line is delineated on the Surface Water Zoning Map attaclied hereto and made a part hereof and shall be clearly marked by the placeanent of buoys at such intervals as are necessary to inform watercraft . users of Lake Johanna and clearly to . demarcate said Restricted Speed Zone. In addition to the aforesaid Restricted Speed Zone, there is hereby established and created an additional Restricted Speed Zone encompassing the shallow area approximately near the center of . Lake Johanna, as delineated on the Surface Water Zoning Map attached hereto and made a part hereof, which additional Restricted Speed Zone shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users and clearly to demarcate said Zone. C21 Maximum S eed ir? Restricted Speed Zones. W3.t in e es ric e Speed 2ones established hereby, no watercraft shall at any time be operated . at a speed in excess of five (5) miles . per hour. (c) Open Speed Zone. Establishment and Designation Thereof. Ttere is ere y created an estab isl hed an Open Speed Zone on Lake Johanna encompassing all that portion of the surface thereof between and not included in the Restricted Speed Zones created and established hereby, which Open Speed Zone is designated on the Surface Water Zoning Map attached hereto and made a part hereof. (2) Restrictions on S eed Durin Certain Hours. Wi in t e Open Spee one, tween the hours of 11;00 A.M. and 3:00 P.M. and 7:00 P.M. and 7:00 A.M. on each and every day of the week, no motorboat shall be operated at a speed in excess of five (5) miles per hour. At all other times during each f 77 . and every day of the week, motorboats shall be subject ta no speed limit and may be operated at unrestricted speeds. (3) Direction of Travel Durin Unrestricte S ee Times. Wit in t e Open Spee Zone, uring the hours in whiah unrestricted operating speeds are permitted, all motorboats shall travel and be operated in a counter- g clockwisa direction around Lake Johanna. 1 ~ Section 5. Non-sanctioned Racing Prohibited. Racing-- that is, t e participat-ion o two or more operators o rnotorboats a opera ing their motorboats in a competition of speed--shall be prohi ited on the waters of Lake Johanna unless the same takes ~ place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the Sheriff of R sey County pursuant to Section 361.20 of Minnesota Statutes, - ~ as amended. + Section 6. Enforcement and Notification of Public. The % appr priate o icia s o t e City o Ar en Hi s are aut orized ` and irected to make such arrangements with the County of Ramsey, ~ incl ding entering into a joint powers agreement therewith, if ' necessary, to insure the placement of the buoys demarcating tYie Rest icted 5peed Zones, the notification of the public of the exist- ence of this Ordinance and the enforcement of the provisions of this Ordinance by the Ramsey County Sheriff's office. Notwith- stan ing anything herein to the contrary, officers of the Arden Hill Police Department shall be authorized and entitled to enforce the rovisions of this Ordinance in conjunction with and in addi- tion to officers and deputies of the Ramsey County Sheriff's office, ~ whet er or not said officers of the Arden Hills Police Department are eputized by the Ramsey County Sheriff's office. Section 7. Penalties. Any person who shall violate any of t e provisions of this Ordinance sha11 be guilty of a misdemeanor, and pon conviction thereof shall be punished by a fine 'of not.more than $300.00 or by imprisonment for not more than 90 days, or both. Section 8. Re eal of Ordinances Nos. 9 and 33. Ordinance No. entit e r inance Esta is ing uC-s an egul.ations• for the peratian of Motorboatsc in Pub].ic Waters and Licensing Games and Exhi itidns in Public Waters", passed by the Arden Hills Council on the 6th day of July, 1954, and Ordinance No. 33, entitled "An Ordi ance Providing for the Licensing and Regulation of Motorboats on L kes Wholly Within the Boundaries of Arden Hills", passed by the Arde Hills Council on the 30th day of June, 1958, are hereby repe led in their respective entireties. Section 9. Effective Date. This Ordinance shall be in effe t from an after t e ate o its passage and publication. Passed by the City Council this day of , 1974 , - , ~ , Henry rCr pe Mayor e t: . Char ot e McNiesh, Cler -inistrator ' . Vv _ _ _ . _ , . _ _ . . . w...._.,....~.. . _ . _ . _...t _ _ _ . ~OHANN~` ~y . ~ ~ • . ~ . ~ oNf - ` . j ~ ~F5"fRi~ ' ~ ` ~ 7 I ~ . ~1 5 pP'EN . j ~M.rR,CTf- o zONE ~ r ~ , ~ E pPEO ~ • 4. ~ i ~ w a f ~ ~ q 1 . ~ t ~,„.....j ~ . ~ a ~y s • STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. /O / AN ORDINANCE REGULATING THE SURFACE USE OF THE WATERS OF LAKE JOHANNA (62-78)r IMPOSING PENALTIES FOR VIOLATIONS THEREOF, AND REPEALING ORDINANCES Nos. 9 AND 33 The City Council of Arden Hills ordains; Section 1. Purpose, Intent and Application. As authorized by Section 3 8.32, Subd. 1 of Minnesota Statutes, as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Lake Johanna (62-78), T. 30, R. 23, S. 33-34, Ramsey County, Minnesota, a body of water located entirely within the boundaries of the City of Arden Hiils, to promote its fullest use and enjoyment by the public in general and the citizens of the City of Arden Hills in particular; to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; to fulfill a demand for the regulation of said waters as indicated by atqMmwf-citizens of the City of Arden Hills who responded to questionnaires circulated by the City as to the need for such regulations; and to promote the general health, safety and welfare of the citizens of Arden Hills. Section 2. Adoption and Incorporation by Reference of Minnesota Waters and Watercra t Sa ety Laws and Boat and ater Sa etv Ru es an Regu ations Pramu gate y t e Minnesota Department o Natura Resources. T e Minnesota Waters and- Watercraft Safety Laws, Sections 361.01-361.29, as they now exist and are hereafter amended, and the Boat and Water Safety . Rules and Regulations promulgated by the State of Minnesota Department of Natural Resources, NR 200--212, as the same now exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three copies of said Waters and Water- craft Safety Laws and Boat and Water Safety Rules and Regulations, so adopted, shall be marked as official copi.es and filed in t:ie office of the Clerk-Administrator of the City of Arden Hills along with this Ordinance. Section 3. Violations of the Minnesota Waters and Watercraft Sa ety Laws an Boat an Water Sa ety u es an Regula- tions Promu gate y t e rlinnesota epartment o atura esources. Any person violating the Minnesota Waters and Watercraft Safety Laws and the Boat and Water Safety Rules and Regulations promulgated by the Ivlinr..esota Departi:ient of Natural Resources, adopted and incorporated herein by reference, shall be subject to the penalties and punislunent hereinafter provided. Section 4. Surface Zonin of Lake Johanna. a A option an Incorporation y e erence of Surface Zonin Ma of Lake Jo a"nna, The boundaries of t e various speed zones of the waters of Lake Johanna established hereby are designated on the map accompanying this Ordinance, which map is adopted and incorporated herein by reference and shall herein- after be referred to as the "Surface Water Zoning Map of Lake Johanna". (b) Restricted S eed Zones. TlT Esta is ent and Desi nation Thereof. There is ere y esta lis ed an c-reated a Restricted Speed Zon.e between the shoreline of Lake Johanna and a line approximately 250 feet frora the shoreline, which line is deliraeated on the Surface Water Zoning Map attached hereto and made a part hereof and shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users of Lake Johanna and clearly to demarcate said Restricted Speed Zone! In addition to the aforesaid Restricted Speed Zone, there is hereby established and created an additional Restricted Speed Zone encompassing the shallow area approximately near the center of Lake Johanna, as delineated on the Surface Water Zoning Map attached hereto and made a part hereof, whi.ch additional Restricted Speed Zone shall be clearly marked by the placement of buoys at such intervals as are necessary ta inform watercraft users and clearly to demarcate said Zone. C21 Maximum S eed in Restricted Speed Zones. W~t in e es rEc ed Speed Zones established hereby, no watercraft shall at any time be operated . at a speed in excess of_ five (5) miles per haur. (c) Open Speed Zone. Esta ishment and Designation Thereof. There is ere y created and established an Open Speed Zone on Lake Johanna encompassing all that portion of the surface thereof between and not included in the Restricted Speed Zones created and established hereby, which Open Speed Zone is designated on the Surface Water Zoning Map attached hereto and made a part hereof. (2) Restrictions on Speed During Certain Hours. Within the Open Speed Zone, etween the houxs of 11;00 A.M. and 3:00 P.M. and 7:00 P.M. and 7:00 A.M. on each and every day of_ the week, no motorboat shall be operated at a speed in excess of five (5) miles per hour. At all other times during each . and every day of the week, motorboats shall be subject to no speed ].imit and may be operated at unrestricted speeds. (3) Direction of Travel Durin Unrestricte Spee Times. Wit in the Open Speed Zone, during the nours in which unrestricted operating speeds are permitted, alI motorboats shall travel and be operated in a counter- clockwise direction around Lake Jahanna. Section 5. Non-sanctioned Racing Prohibited. Racing-- that is, the participation of two or more operators of motorboats operating their motorboats in a competition of speed--shall be prohibited on the waters of Lake Johanna unless the same takes place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the Sheriff_ of Ramsey County pursuant to Section 361.20 of Minnesota Statutes, as amended. Section 6. Enforcement and Notification of Public. The appropriate officia s o t e City of Ar en Hi s are authorized and directed to make such arrangements with the County of Ramsey, including entering into a joint powers agreement therewith, if necessary, to insure the placement of the buoys demarcatirig tYie Restricted Speed Zones, the notification of the public of the exist- ence of this Ordinance and the enforcement of the provisions of this Ordinance by the Ramsey County Sheriff's office. Notwith- standing anything herein to the contrary, officers of the Arden Hills Police Department shall be authorized and entitled to enforce the provisions of this Ordinance in conjunction with and in addi- tion to officers and deputies of the Ramsey County Sheriff`s office, whether or not said officers of the Arden Hills Police Department are deputized by the Ramsey County Sheriff's office. Section 7. Penalties. Any person who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine 'of not,more than $300.00 or by imprisonment for not more than 90 da_ys, or both. Section 8. Re eal of Ordinances Nos. 9 and 33. Ordinance No. 9 entitle An Ordinance Esta lis ing ules and P.egulations•for the Operation of Motorboats in Public Waters and. Licensing Games and Exhibitions in Public Waters", passed by the Arden Hills Council on the 26th day of July, 1954, and Ordinance No. 33, entitled "An Ordinance Providing for the Licensing and Regulation of Motorboats on Lakes Wholly Within the Boundaries of Arden Hills", passed by the Arden Hills Council on the 30th day of June, 1958, are hereby repealed in their respective entireties. Section 9. Effective Date. This Ordinance shall be in effect from and after t e date of its passage and publication. Passed by the City Council this day of , 1974. , ~ Henry rCr pe , Jr., Mayor _ est: . Charlotte McNiesh, Clerk-Administrator . ~ ~ ~ ' • ~ . . s LAKE JOHANNA . :V r.. ~ --PF 5 TR( C IT1 ZONE l i N ~ E OPEN 5PEED Z04VE e E ~ r ~ , . ~ ES7RICTED ZONE C4-R c OPEN SP EED.20,NE ~ . r lo, ~ ~ ~ ~ ` ~ Nk t = ~ . SCALE E MINNESOTA 1977 ~ WATERS AND WATERCRAFT SAFETY LAWS ' RULES AND REGULATIONS Subject to Change After January 15, 1977, by the Legislature in Session and by Public Hearing. MN 1235 A9 ~ { NOTE: All Persans Requiring a License Who Hunt or Fish within the Boundaries of the Leech Lake Indian Reservation Must Have on their Person an Appropriate " - Unrestricted Hunting or Fishing License or an Appro- - ~ priate Reslricted Hunting or Fishing License with a Leech Lake Reservation Stemp Attached. Department of Natural Resources License Center 625 No. Robert Street St. Paul, Minnesota 55101 12/76-200 M I N D E X (b) Audits. Such accounts shall be subject to audit by the Depart- WATERS end WATERCRAFT SAFETY ment o£ Natural Resources. Minnesota Statutes 1974 (c) Expenditures. Such funds shall be used only for direct expenses in connection with enforcement of the Boat and Water Chapter 361 Safety acc. (AS AmenWed by Laws of 1975, NR 210 - REIMBURSEMENT OF COUNTY SHERIFFS Chaptere 58 and 322) , FOR SEARCH AND RESCUE OPERATIONS. (a) Generally. Payments for annual appropriations for search Policy of State . . . . . . . . . . . . . . . . . . . . . . . . rj and rescue operations shall be made pursuant to the provisions hereof in order of presentation until expended. Definitions 5 ~ (1) A search and rescue operation resulting From or related to Watercraft Licenses s outdoor recreational activities will qualify for reimbursement if General Requirements 6 the incident necessitating the operation is of an unusual and non- recurring Application, Issuance, Reports . . . . • • • . . . . . . . 6 nature. (2) Reimbursable items of expense are those which are over and Fees for License . . . . . . . . . : . . . . . . . . . . . . : . . . . 6 above the sheriff"s regular operating budget, and include rental Disposition of Receipts 7 of private equipment and employment oF personnel hired expressly Expiration, Renewal; New Licenses 7 for the search and rescue operation. (3) Payment by the state is limited to 50% of the reimburseable I,OSS or Destruction, Duplicate Licenses 7 items of expense, subject to maximum state payment of $2,500.00 Transfer of Ownership; D83tY'UCt10II OY for each search and rescue operation. Abandonment of Watercraft . . . . . . . . . . . . . . 7 (b) Reimbursement by State. A sheriffclaiming reimbursement ~ shall submit in duplicate an itemized invoice, verified by the county Dealer s License . . . . . . . . . . . . . . . . . . . . . . . . . . 8 auditor, together wiLh a statement showing that the operation W1teTC1'aft OWIlefl Uy State qualified for reimbursement, to the administrator of the Bureau or Political Subdivision g of Business Management; Department oF Natural Resources, Cen- Suspension or Revocation of License . ' 8 tennial Building, Saint Paul, Minnesota 55155. All claims will be subject to audit by the state. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . g NR 211 - PENALITIES. Licensing by Political Subdivisions 9 Any person who shall violate any oF the provisions of these reg- Watercraft Safety Program; ulations shall be guilty oF a misdemeanor and be punished by a Operators Permits 9 fine of not more than $300, or by imprisonment for not more than 90 c3ays, or both. Operation Generally . . . . . . . . . . . . . . . . . . . . . . . . .10 NR 212 - PREVIOUS ORDERS. Age of Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 * These rules and regulations supersede all previous ord0rs of the Obstruction of Navigation; Advertising; Commissioner of Netural Resources relating to boat and water BUO)/S 10 safety. Swimming or Bathing Areas .................10 ~ Scuba Diving 10 Water Skiing 11 Capacity of Watercraft 11 Riding on Gunwales or Decking 12 Liquor, Drugs; Physical or Mental Disability 12 (Continued on Page 3) 2 35 (b) Length of Ski Tow Ropes. No person being towed on water skis, aquaplane, saucer or other device shall be towed with a rope, INDEX (continued) wire, cable or other towing device extending more than 150 feet from the towing watercraft without obtaining a permit from the Stopping at Scene of Accident; localsheriff. Reports, Liability ..........................12 NR 207 - PLACEMENT OF TEMPORARY STRUCTURES Safet E UI @~ 13 ANDBUOYSINTHEWATERSOFTHESTATE, y q p1Y1 (a) Generally. No person shall leave any temporary structure • Lifesaving Devices . . . . . . . . . . . . . . . . . . . . . . . . .13 not extending from shore or any navigational buoy or regulatory R.esponsibility for Required Equipment .....13 or information sign in the waters of this state between the hours Lights 13 of sunset and sunrise without first obtaining a permit in writing ~ Horn or Whistle; SIYEII 14 therefor from the sheriff of the county. Mooring buoys must be ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' placed as provided in NR 204(d). Swimming area markers must Muffler . . . . . . . . . . . . . . . . . .14 be placed as provided in NR 205. D@VIC@ f0r Arr@Stlflg BBCI(fll'@ 14 (b) Permit for Temporary Structure or Buoy. Flf@ EXt1119UISh@r; Ventilation . . . . . . . . . . . . . . . .14 (1) The sheriff of any county may issue a permit for the place- ment of any such structure or buoy whenever, in his.opinion, tihe Race or Other Competition or Exhibitior? .y4 structure or buoy will not constitute an undue hazard to or,illegal Hazards to Navigation; Removal obstruction of navigation. of BUOyS Or Structures .15 (2) Each structure or navigational buoy placed pursuant to such Enforcement Authority . . . . . . . . . . . . . . . . . . . . . . .1rJ permit shall have the permit number painted thereon and shall have attached either a light visible in all directions, or sufficient Penalties for Violations ......................irJ reflectorized material so as to reflect light &om all directions, which Violation as Evidence . . . . . . . . . . . . . . . . . . . . . . 16 material shall retain 80%r of its dry weather reflective signal Duties of Sheriffs, C.Oi1SeN8tlOfl strength when submerged in water. (3) Nothing in this rule shall be construed to affect the Prov;- Officers, County Boards ................is sions of Minn. Stat. 1969, Section 105.42, or the requirements for Regulations of Commissioner . . . . . . . . . . . . . . . .16 permits from the Commissioner o£ Natural Resources thereunder, Application of State Law; Loca{ Regulations; nor shall this rule be construed to affect the construction of blinds Surface Use Regulations of built in accordance with the provisions of Minn. Stat. 1969, Section 100.29(17). Commissioner ...........................17 NR 208 - REPORTS TO THE COMMISSIONER. B08t & W8t@r S8f@ty ACCOUnt; Fines and Each county sheriff shall report to the Commissioner of Natural Forfeited Bail Money . . . . . . . . . . . . . . . . . . . . . .18 Resources promptly, on forms provided by the commissioner, each personal Property Taxes 19 accident involving a watercraft, and every drowning, in order to • pparine Toilets 19 properly evaluate the water safety program. In the event of death, • ' • ' • ' ' ' ' ' ' ' the report shall be made within 48 hours; in event of serious injury which incapac'xtates the victim for more than 72 hours or involves property damage of over $100.00 report must be made within five STATE OF MINNESOTA days. Each charge of a violation o£ ]aw made against a watercraft ~ DEPARTMENT OF NATURAL RESOURCES operator and each written warning thereof shall be reported. Each Boat and Water Safety Rules and Regulations watercraft forhire which dces not comply with the standards of 1977 safety for such watercraft shall also be reported. NR 209 - BOAT AND WATER FUNDS. LIC@nS1119 of W8t@CCfaft . . . . . . . . . . . . . . . . . . . . . 20 (a) Separate ACCOUnts. Each county shall maintain a separate Application for License . . . . . . . . . . . . . . . . . . . 20 account wherein allocations to the county are deposited and from D'1Splay _ of L'1Cense Certificate 20 which disbursed. (Continued on Page 4) 34 3 ' above the waterline. Each marking buoy must also contain two INDEX (continued) diamond shapes with crosses which means "boats keep out " These diamond shapes must have a vertical diagonal of not less than Display of License Number and Validation 14 inches and a horizontal diagonal of not less than 14 inches. The borders of the diamond and cross outline shall not be less Decal on Motorized Watercraft 20 thari 1 inch in width. The color of these borders shall be reflec- Marking of Non-Motorized Watercraft 22 torized international orange. The diamonds shall be placed midway Expired Validation Decal between the horizontal bands. The words "swim area" should also Other Insignia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 • appear on each marker in no less than two-inch letters. Dealer License Numbers 24 (2) Marking buoys must not be spaced more than 75 feet apart and in no case may less than three markers be used to establish State License Numbers . . . . . . . . . . . . . . . . . . . 24 ~ a boundary line. Determining Length of Watercraft 24 (3) Smaller markers may be used to add definition to the area Rental of Watercraft . . . . . . . . . . . . . . . . . . . . . . . . 24 boundaries. These smaller markers must be all white in color. ConditiOn and Equipment . . . . . . . . . . . : . . . . 24 (c) All new or replacement markers must meet the preceding P@T90IIS t0 WlOTri WSteY'CI'aft requirements. All existing non-conforming swimming area mark- May be Rented . . . . . . . . . . . . . . . . . . . . . . . . . 25 ers may be used until July 1, 1973. Navigation of Watercraft on Waters of NR 206 - SCUBA DIVERS AND WATER SKIERS. State; Safety Equipment . . . . . . . . . 25 (a) Diver's Flags. General Rules of the Road ' ' ' ' , 2$ (1) Every person who shall swim in any waters of the state, except in legally designated swimming areas, while wearing or General Mode of Operation of Watercraft 25 carrying any apparatus including a snorkel permitting him to Safety Equipment . . . . . . . . . . . . . . . . . . . . . . . . . 25 breathe while under water, shall tow a diver's flag, displayed above Ventilation Equipment . . . . . . . . . . . . . . . . . . . . 26 the surface of the water, which shall be attached to a device capable Lighting Equipment 2~ of supporting such swimmer and his equipment upon the surface . . . . . . . . . . . . . . . . . . . . . . of the water. Def1II1t10IIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 (2) Every person who causes a diver's flag to be displayed shall International Rules Light Requirements remain within so t'eet thereof, measured on the surface of the water. for Motorized Watercraft ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 27 (3) A diver's flag shall not be towed by more than one person, except as provided in (5) below. Inland Rules Light R.equirements for (4) No persori shal] display a diver's flag so as to cause unlawful Classes A and 1 . . . . . . . . . . . . . . . . . . . . . . . . 28 obstruction to navigation. C8F18C" PIBt@ IMOR118t10n (5) If a group of divers is operating in an area, the outside of Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 28 the perimeter shall be marked and shall be outside of the normal area of navigation. These markings shall consist of the official Waterway Markers . . . . . . . . . . . . . . . . . . . . . . . . 29 diver's flag and shall be placed around the perimeter of the diving Legally Designated Swimming Areas 32 area at intervals not exceeding 150 feet. Scuba Divers and Water Skiers 33 (6) A diver's flag displayed to indicate the presence of persons ' engaged in underwater activities shall measure at least 15 inches Temporary Structures & Buoys . . . . . . . . . . . . . 34 horizontally and 12 inches vertically, and both sides thereof shall Reports to the Commissioner 34 have a red-colored background bisected diagonaily by a three-inch Boat & Water Funds 34 wide white stripe having its upper end adjacent to the flagstaf£. (7) A diver's flag shall be displayed in a vertical plane extended Reimbursement of County Sheriffs for from a rigid flagstaff equipped to maintain the upper edge of the Search and Rescue Operations 35 flag at least three feet above the water surface. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 (8) Any diver's flag may be reflectorized or $uorescent provided PrQVIOUS OPd@rS ~ that the entire displayed surface thereof is uniforroly reflectorized orftuorescent. 4 33 ceases to exist or until a marker complying with these regulations WATERS and WATERCRAFT can be substituted therefor. (f) Buoys, markers, and regulatory signs not conforming to SAFETY LAWS these rules and presently in place in the waters of the state may 1977 be used until replacement is needed or until January 1, 1977. When such buoys, markers, and regulatory signs are replaced, the MINNESOTA STATUTES 1974 replacements must conform to the requirements of these rules. All such buoys, markers and regulatory signs must conform to the • Chapter 361 requirements of these rules by no later than January 1, 1977. (As Am6nded by Lews of 1975, Chepters 58 and 322) NR 205 - MARKING OF LEGALLY DESIGNATED SWIMMING AREAS (a) IrWividual Private Areas (ll The owner of lessee of shoreline property may place white markers defining a swimming area adjacent to his property for his personal use. This area shall not exceed 2500 square feet in 361.01. POLICY OF STATE. area and shall not extend more than 50 linear feet along the lake It is the policy of this state, which is blessed with an abundance frontage of the owner or lessee. These markers must have no less of water, to promote its full use and enjoyment by all of the people, than 6 inches but no more than 14 inches showing above the water- now and in the future, to promote safety for persons and property line. Markers in the form of a cylinder must have a diameter oF in connection with the use of the waters of the state, to promote at least 5 inches and not larger than 9 inches. Markers with a uniformity of laws relating to such use and to conform with any shape other than a cylinder may not have a length or width greater requirements of the United States relating thereto. than 14 inches. Each such marker shall bear on opposite sides, 361.02. DEFINITIONS a'/z-inch wide band of international orange color forming an Subdivision 7. For the purposes of Sections 361.01 through upright diamond at least 5 inches in outside width, dissected verti- 361.28, the terma defined in this section shall have the meanings cally and horizontally by a'/z-inch wide strip of international ascribed to them. orange color. The border of the diamond and cross outline shall Subd. 2. PerBOn includes an individual, artnershi corporation not be less than ~/z-inch in width. These markers may not be spaced P p, , more than 15 feet apart and must outline all of the swimming the state and its agencies and subdivisions, and any bodyof per- area. sons, whether incorporated or not. (2) No swimming marker may obstruct watercraft traffic or Subd. 3. Owner means a person, other than a lien holder, having unduly interfere with public use of the water. If in the opinion the pmperty in or title to a watercraft. The term includea a person of the local sheriff, his water patrolman, or conservation officer, entitled to the use or possession of such craft, subject to an interest in another person, reserved or created by agreement and securing such conditions exist. they may direct the landowner or lessee to payment or performance of an obligation, but the tertn excludes change the boundaries of the swimming area or have the markers a lessee under a lease not intended as security. removed. The landowner or lessee may appeal such a directive to the Commissioner of Nat iral Resources. Su6d. 4. Dealer means any persorr engaged in the business of manufacturing or selling new and unused watercraft or used water- (b) Other Areas. Swimming areas in public waters maintained craft, or both, having an established place of business for the sale, or designaied by governmental subdivisions, private corporations, , trade and display of such watercraft, and having in his possession private clubs, non-profit organizations, or businesses offering pub- watercraft for the purpose of sale or trade. lic swimming facilities in any body of water where operation of Subd. 5. Operate means to navigate or otherwise use a water- motor-powered watercraft is not prohibited shall be marked in the craft. following manner: Subd. 6. Operator means the person who operates or has (1) The entire perimeter of the water area shall be marked with charge of the navigation or use of a watercraft. white mazking buoys no less than 9 inches in diameter and extend- Subd. 7. WatercreTt'means any contrivance used or designed for ing no leas than 36 inches above the surface of the water. Each navigation on water other than (a) duck boat during the duck hunb marking buoy must contain two horizontal bands of reRectorized ing season, (b) rice boat during the harvest season, or (c) seaplane. international orange, one such band at the top, and the other just Subd. 8. Motorb08t means any watercraft propelled in any 32 5 respect by machinery, including watercraft temporarily equipped restricted, limited or otherwise subjected to special rules or regula- with detachable motors. tions shall bear a two-inch wide band forming a circle at least Subd. 9. Underway or in use means any watercraft in operation 24 inches in outside diameter. The limitation, restriction, prohibi- or use when not securely Fastened to a dcek or other permanent tion or regulation effective within a controlled area shall be printed inside of the orange-colored circle. Signs designating State Game mooring. Refuges or spawning areas shall not be subject to the provisions Subd. 10. Commissioner means the commissioner of natural of this order. resources acting directly or through his authorized agents. Subd. 11. License means the authentic document used to desig- • (5) Signs directing all watercraft to keep out of a specific water nate the numbers assigned a watercraft and to renew same. area shall bear a two-inch orange-colored band forming an upright Subd. 12. Waters of this state means any waters capable of sub- diamond at least 14 inches in outside width, dissected vertically and horizontally by an orange-colored strip two inches wide. Signs stantial beneficial public use, and any waters to which the public ` designating State Game Refuges or spawning areas shall not be has access, which are within the territorial limits of this state, subject to the provisions of this order. including boundary waters. Subd. 13. HorSepowe~ means the power rating established for (6) Signs indicating winter ice dangers to persons, motor vehi- a motor by the manufacturer thereof, or, if no rating is so estab- cles, snowmobiles, all-terrain vehicles, ice boats, or any other con- lished, then the rating established by the commissioner. veyance used to transport persons over the ice on public waters of the state shall bear a two-inch wide orange-colored band forming 361.03. WATERCRAFT LICENSES. an upright diamond at least 14 inches in outside width and such signs Subd. 1. General requirements. Except as hereinafter provided, shall bear a printed statement of the source of danger. no person shall after July 1, 1959, operate, or give permission for Where used, the signs shall completely line the perimeter of the the operation of, any watercraft for which a license fee is prescribed ice hazard at intervals not exceeding 75 feet and shall be at least in Subdivision 3 on the waters of this state unless a license for 48 inches above the ice. such watercraft has been issued and is in effect in accordance with Such signs must be removed from the ice, by whomever placed, Sections 361.01 to 36128. The license number assigned a water- not later than April 1, each year. craft shall remain the same ifcontinually renewed, and the licensee (7) No person shall operate any motor vehicle, snowmobile, all- of each watercraft shall purchase the watercraft license numbere terrain vehicle, ice boat, or any other conveyance used to transport assigned and affix same as may be prescribed by the commissioner. persons over the ice on public waters of the state within 150 feet Subd. 2. A lication, issuance, of a diver's warning flag (described in NR 206 (a) (6) pp reports. Application for registra- (g) Written material on any waterway marker sign shall be tion ar reregistration shall be made to the commissioner of natural printed with black letters at least 2 inches in height, on a white resources, the commissioner of public safety or an authorized deputy background. Alllettering shall be placed inside the area enclosed registrar of motor vehicles in such form as the commissioner of public by the orange band, except the explanatory material appearing safety shall prescribe, and shall state the name and address of every owner of the watercraft and be signed by at least one owner. Upon receipt on signs indicating an area prohibited to watercraft shall be placed of the application and the appropriate fee as hereinafter provided, such outside of the orange band. watercraft shall be registered and a registration number assigned which (9) Every waterway marker driven into the bottom of a lake shall be affixed to the watercraft in such manner as the commissioner of or stream, or attached to a post so driven, shall extend at least natural resources shall prescribe. Each deputy registrar oFmotor vehicles 30 inches above the surface of the water. The surface of the water acting pursuant to section 16833, shall also be a deputy registrar of shall be considered to be the normal high water-mark during the watercraft. 'fhe commissioner of natural resources in agreement with the local boating season. commissioner of public safety may prescribe the accounting and pro- (10) Any sign may be reflectorized or fluorescent provided that cedural requirements necessary to assure efficient handling of registra- ~ the entire displayed surface thereof is uniformly reflectorized or tions and registration fees. Deputy registrars shall strictly comply with fluorescent. these accounting and procedural requirements. A fee of 50 cents in addi- (lll The reflectorized material required by all sections of these tion to that otherwise prescribed by law shall be charged for each water- rules shall retain 8011 of its dry weather reflective signal strength craft registered by the registrar or a deQuty registrar. The additional fee w.hen submerged in water. shall be disposed of in the manner provided in section 16833, subdivision 2 (12) Whenever an emergency situation requires that immediate . Subd. 3. Fees for license. The fee for each watercraft license warning be given of any hazardous condition on any waters of the issued after December 31, 1971 for the following periods, or por- state, any available object or apparatus may be utilized as a tem- tions thereof, shall be as follows: porary waterway marker to give such warning until the emergency 6 31 (4) To indicate a watercraft should pass to the north or east, (a) Any canoe, kayak, or sailboat used by a nonprofit organiza- where there is no well-defined channel, a buoy shall have the top tion where a substantial part of the usage is in teaching water- surface and the upper 5 inches colored black and the remainder craft safety, $2 for three calendar years. colored white. If the buoy is reflectorized, it shall be done with (b) Any watercraft which is rented or leased or offered a white strip no less than 4 inches in width that completely encir- for rent or lease, $3 for three calendar years for each watercraft cles the buoy and it shall be placed directlq under the black top. 19 feet in length or under, measured from transom top to point A white quick-flashing light shall be used if the buoy is lighCed. of the bow; $25 for three calendar years for each watercraft over 19 feet (c) Other Navigational Buoys. A buoy indicating that a water- , measured from transom top to point of the bow,. Any craft should not pass between it and the nearest shore shall have motorboat which is hired or offered for hire, with an operator, a flat top and shall have a square transverse cross section measur- $25 for three calendar years. (c) For each watercraft 19 feet in length or under, measured ing not less than 9 inches nor more than 15 inches on a side and r from transom top to point of the bow, $5 for three calendar years; ahall extend at least 36 inches above the surface of the water. for each watercraft over 19 feet, measured from' transom top Each such buoy shall have a white top surface and a white vertical to point of the bow, $10 for three calendar years. stripe on each side extending medially from top to bottom of a (d) Dealer's license $15 for three calendar years, regardless width equal to one-half the width of each side. The remainder shall of the number of watercraft owned by such dealer. be colored red. White reflectorization may be used on a minimum (e) Duplicate licenses or transfer of a license may be obtained of the upper four inches of the white vertical stripe. Red reflectori- at a cost of $2. zation may be used on a minimum of the upper four inches of Subd. 5. Disposition of receipts. All money received by the com- the red vertical stripes. A white quick-flashing light shall be used missioner shall be deposited with the state treasurer and shall if the buoy is lighted. be ezcpended only as may be authorized by law for administration (d) Mooring Buoys. Every buoy placed in the waters of the state and enforcement of Chapter 361, inspection of watercraft, and for use in anchoring or mooring watercraft may be of any practi- acquisition and development of sites for public access to the waters cable size or shape, but must have at least S inches extending above of this state. the waterline. No anchoring buoy may have a diameter of over Subd. 6. Expiration, renewal; new licenses. Licenses issued 20 inches if circular or a length or width of more than 20 inches hereunder shall expire on December 31 of the year of expiration if some other shape. No mooring or anchor buoy may be placed and may be renewed in the manner provided for original issuance. in any public water if it obstructs access to any public or private No new license shall be issued for any watercraft which has pre- property or creates a navigational hazard. Every such buoy shall viously been licensed under Chapter 361 except in accordance.with be colored white and shall be encircleti by a visible blue band at this section, unless notice of abandonment of such watercraft shall least three inches wide. Mooring buoys must have a minimum total have been given as hereinafter required at least one year prior of 16 square inches of white reflectorization, part of which must to the date of application for such new license or unless the applica- be visible from any direction. Mooring buoys, if lighted, shall show tion is accompanied by satisfactory pmof that the watercraft has a flashing white light. (e) Regulatory and Informational Signs. been continually outside this state at least one year prior to such (1) No regulatory or informational signs may be placed in or date. Any holder of a license shall notify the commissioner in writ- upon the waters of the state except by public authority or under ing within 30 days if his address no longer conforms to the address appearing on hia license, upon such form as the commissioner shall a permit issned by the sheriff of the county. All such signs shall prescribe be colored white except as hereinafter provided. , . (2) Every sign giving information for the convenience of water- Subd: 7. Loss or deStruCtion, dupliCate IiCense. Upon receipt craft operators shall bear a two-inch wide orange-colored band of affidavit of loss or destruction of a license issued hereunder, forming an upright rectangle measuring at least 14 inches in together with the duplicate license fee, the commissioner shall height and width, outside dimensions. issue a duplicate license. (3) Signs indicating danger to watercraft shall bear an orange- Subd. S. Transf@r of Ownership, deStruCtion or ebendonment colored band of two-inch width forming an upright diamond at least of watercraft. Within 15 days after the transfer of ownership, or 14 inches in outside width, and such signs shall bear a printed any part thereof, other than a security interest, or the destruction statement of the source of danger. or abandonment of any watercraft, written notice thereof shall be (4) Signs indicating controlled water areas in which boating, given to the commissioner in such form as he shall prescribe. Every fishing, water skiing, skin diving, or other water activities are owner or part owner of a watercraft to whom ownership is trans- ferred shall, upon failure to give such notice, be subject to the 30 7 determining the maximum weight for watercraft manufactured for penalties imposed by Chapter 361. Failure to give such notice of sale in Minnesota, 19 feet and under, except canoes, kayaks, and transfer of ownership shall terminate the license without further sailboats, shall be the reeommended practices for watercraft load action. Every notice of transfer of ownership shall also be accom- capacity Project H-5 (adopted) or Project H-5a (proposed) contained panied by the duplicate license fee and, upon receipt thereof, the in the American Boat and Yacht Council Incorporated publication commissioner shall issue a duplicate license. "Safety Standards for Small Craft 1971-72". Subd. 9. Dealer's license. Distinguishable licenses shall be (c) Formula for Determining Mazimum Horsepower. The for- issued to any dealer, upon application and payment of the appro- mula for determining the maximum horsepower for watercraft priate fees as provided in Subdivisions 2 and 3, and any watercraft manufactured for sale in Minnesota, 19 feet and under, shall be owned by the dealer, may, subject to all of the provisions of Sections the "Recommended Practices and Standards Covering Safe Power- 361.01 to 361.28, be operated thereunder on the waters of this state (ng of Small Crafti° Project P-11 (proposed) contained in the Ameri- for demonstration purposes or any other purpose incident to the can Boat and Yacht Council, Incorporated, publication "Sa£ety usual and customary conduct of the business of manufacturing, ti Standards for Small Craft 1971-72". selling or trading of watercraft. Subd. 10. Watercraft owned by state or political subdivision. NR 204 - WATERWAY MARKERS. Distinguishable licenses shall be issued without the payment of (a) Generally. Except as hereinafter provided, or as otherwise a fee for watercraft owned by the state of Minnesota or a political provided by law, all waterway markers placed in or upon the waters subdivision thereof upon application therefor. of the state by public authority or under a permit issued by the Subd. 17. Suspension or revocation of license. The commis- sheriff of any county for the purposes hereinafter set forth shall sioner may suspend or revoke the license of any watercraft rented, have the form, size, lighting, reflectorization and coloration pre- leased, or hired, or offered for rent, lease, or hire which does not scribed therefor. comply with the standards of safety for such watercraft which the (b) Channel Marker Buoys commissioner shall prescribe, or for which the owner thereof fails (1) Every channel marker buoy shall have the external form to keep a record of the name and address of the person renting, of a flat-topped cylinder having a circular transverse cross-section leasing, or hiring such watercraft, the identification number not less than 9 inches and not more than 15 inches in diameter. thereof, the date and time the person takes possession, and the All such markers must extend at least 36 inches above the water. expected time of return thereo£ Such record shall be preserved (Z) Where channel marker buoys are placed to indicate the loca- for at least six months. tion oF a well-defined boating channel, an all black buoy and an Subd. 12. Exemptions. No license hereunder shall be required all red buoy shall be placed in opposition to each other to indicate for the following described watercraft: the course of the channel is located between them. In Aowing water, (a) Watercraft which is covered by a license or number in full the red buoy shall be situated on the right side of the channel force and effect pursuant to federal law or a federally-approved when facing upstream. A green flashing light shall be used in con- licensing or numbering system of another state, and which has junction with a black buo.y if it is to be lighted. When reflectorization not been within this state for more than 90 consecutive days, is used with a black buoy, it shall be green in color and no less the aforesaid 90 consecutive days shall not include days in which than a 4-inch wide strip shall completely surround the buoy and a watercraft is laid up at dock over winter or for repairs at any r shall be located at the top of the buoy. Number designations shall Lake Superior port, or any other Minnesota port. be odd. A red flashing light shall be used in conjunction with a (b) Watercraft from a country other than the United States red buoy if it is to be lighted. When reflectorization is used with which have not been within this state for more than 90 consecu- a red buoy, it shall be red in color and no less than a 4-inch wide tive days, the aforesaid 90 consecutive days shall not include . strip shall completely surround the buoy and shall be located at days in which a watercraft is laid up at dock over winter or the top of the buoy. Number designations shall be even. for repairs at any Lake Superior port, or any other Minnesota (3) To indicate a watercraft should pass to south or west, where port. there is no well-defined channel, a buoy shall have the top surface (c) Watercraft owned by the YJnited States, a state, or a politi- and upper 5 inches colored red and the remainder colored white. cal subdivision thereof. If the buoy is reflectorized it shall be done with a white strip, no (d) Ship's lifeboat. less than 4 inches in width,, that completely encircles the buoy (e) Watercraft which has a valid marine document issued by aod it shall be placed directly under the red top. A white quick- the bureau of customs of the United States government or any flashing light shall be used if the buoy is lighted. federal agency successor thereto. 8 29 placed at least 3 feet above the red-green lights and visible at a distance of at least three miles. On vessels 40 feet to less than Subd. 13. Licensing by political subdivisions. No political sub- 65 feet long the 20-point white light must also be as least 9 feet division of this state shall require licensing of watercraft cowered above the gunwale. • by Sections 361.01 to 361.28. A 12-point white light aft, showing 6 points on each side and visible at a distance of at least two miles. Motor-powered water- 361.041 WATERCRAFT SAFETY PROGRAM; craft of Class A or 1 may carry this light off the center line. OPERATORS PERMITS. Subd. 1. Safety program. The commissioner shall continue and When at anchor, a 32-point white light, visible at a distance , of at least one mile all around the horizon. expand his comprehensive boat safety and education program and, (5) Inland Rules Light Requirements for Classes A and 1: in connection with the program, shall issue operators permits as A 20-point combination red-green bow light as described in Sub- required by this section. The commissioner shall cooperate with division (4). boatmen, governmental subdivisions, state agencies, other states, f and the federal government in the operation of the program. The A 32-point bright white light aft tc show all around the horizon commissioner shall iasue a watercraft operators permit to a person located above the red-green combination lights and visible at a Who successfully qualifies for a permit under the boat safety distance of at least two miles. education program. The 32-point white light aft may be located off center line. When at anchor, a 32-point white light, visible at a distance Subd. 2. OpefatDf's pBnnlt Except as provided in this subdivision, of at least one mile all around the horizon. no person 13 years of age or over bu[ less than 18 years of age may operate (6) Inland Rules Light Requirements for Classes 2 and 3: a motorboat poweted by a motor over 24 horsepower without possessing a Separate 10-point red and green side lights showing from dead valid watercraft operator's permit from Minnesota oi from the operator's state ahead to 2 points abaft the beam and visible at a distance of at of tesidence, unless there is a petson 18 yeats of age or over in the motor least one mile. boat. The commissioner shall establish an educational course and a testing A 20-point while light as near the stem as possible showing 10 Program for watercraft operators and for persons 13 years of age or over points on each side and visible at a distance of at least two miles. but less than 18 yeazs of age required to [ake the wa[ercraft safery course. A 32-point bright white light aft to show all azound the horizon, The commissioner shall issue a watercraft operator's permit lo a petson 13 visible at a distance of at least two miles and located higher than yeazs of age or over but less than 18 years of age who successfully the 20-point white light forward. completes the educational progrxm and the written test which the com- missioner shall piesscribe. When at anchor, a 32-point white light, visible at a distance of at least one mile all around the horizon. $ubd. 3. Unlawful for owners to permit certairl uses of water- (7) All watercraft over 65 feet in length must display the lights craft. It is unlawful for the owner of a watercraft to permit the required by the Inland Rules Light Requirements found in NR watercraft to be operated contrary to the provisions of this section. 202 (c) (5) and (6). [E (8) All non-motorized canoes, kayaks, sailboats and rowboats, ffective date: This section is effective January 1, 1975. , between sunset and sunrise, shall However, before the effective date the commissioner may establish when under way or anchored the testing program for watercraft operators and may issue water- carry aboard but not necessarily fixed to any part of the watercraft craft operators permits.] a lantern or flashlight capable of showing a white light visible • all around the horizon at a distance of two miles or more, in sufficient time to avoid collision with another watercraft. Such light or lantern shall be displayed. The M~~~~ ~mmft openflor'a permg couroe is bes. NR - 203 - CAPACITY PLATE . ' ed on Independent study and can be takan at home. Thera Is no charpe for the materials or permit. Course INFORMATION REDUIREMENTS materiels ere avallebb throuph Nhe bcsl oouMy sherlif, (a) Information Required. The manufacturer's capacity plate DNR reglonal offlces, many medne dNk?s or bY coetact- required by law shall contain the following inforrpation: iAg: (1) SaFe maximum horsepower. Mlnn. Dapt. of Nelural ResourCes (2) Maximum number of persons at 150 pounds per person. gpwt apd WMw $W9ty EduCatf017 (3) Properly located maximum weight in pounds of persons, gyp CmWplid pffteg gldg, motor and gear. St PaUI, MN 55155 (b) Formula for Determining Maximum Weight. The formula for 28 9 (3) Alterations necessary to make existing motor-powered 361.05. OPERATION GENERALLY. watercraft comply with these requirements shall be accomplished It is unlawful to operate or permit the operation of a watercraft as soon as practicable but in any case shall be completed by July or to use any device relating to the use of the watercraft in the 1, 1972. following ways: (1) In a careless or heedless manner in disregard of the rights (e) Lighting Equipment. or safety of others; (1) All motorized watercraft will be classified for lighting (2) In a reckless or grossly negligent manner, so as to cause requirements in the following manner: personal injury to another or damage to the property of another; Cl¢ss A- Under 16 feet in length. (3) Upon the waters of this state without the equipment Class i- 16 feet to less than 26 feet. required by Minnesota Statutes, Sections 361.01 to 361.29, and Cl¢ss 2- 26 feet to less than 40 feet. the rules and regulations promulgated pursuant thereto; Class 3- 40 feet to 65 feet. (4) A watercraft which is loaded with passengers or cargo ~ (2) All motorized watercraft must display the correct lights for beyond its safe carrying capacity, or which is equipped with any their class from sunset to sunrise when underway or at anchor. motor or other propulsion machinery beyond its safe power The system o£ lighting may be chosen from either the Interna- capacity. tional Rules Light Requirements found in Subdivision 4, or the 361.055. AGE OF OPERATOR Inland Rules Light Requirements found in Subdivisions 5 and 6. Except in case of an emergency no person under the age of 13 (3) Definitions. The following terms are defined for the purpose of these rules and regulations. years shall operate or be permitted to operate any watercraft pro- Aft _ To the rear of the midlength measured from end to end pelled by a motor with a factory rating of more than 24 horsepower of the hull over the deck excluding sheer. unless there is present in the watercraft in addition to the operator, Combined L¢rxtern - A single fixture showing green to stazboard his parent or legal guardian, or at least one person of the age of 18 years or over. and red to port from dead ahead to two points abaft the beam on their respective sides. 361.07. OBSTRUCTION OF NAVIGATION: ADVERTISING: Forward - Forward of the midlength measured from end to end BUOYS of the hull over the deck excluding sheer. No person shall operate any watercraft in a manner which shall Higher than or Lower th¢n - A higher level or lower level, obstruct or tend to obstruct the normal and ordinary navigation respectively, than another light under any normal conditions of of the waters of this state. No person shall use any fixed or anchored trim under way or stopped in smooth water. structure on the waters of this state, not a part of a dock or pier Point- One point of the compass (11'/a degrees) when specifying which extends from the shore, for advertising purposes. No person the arc of visibility of a light. shall moor, attach or hold in any manner a watercraft to any buoy, Side Liglzts - Separate fixtures, the one on the starboard pide other than a mooring buoy, or any other marking device or guide showing green and the one on the port side showing red from dead placed in the waters of this state pursuant to lawful authority. ahead to two points abaft the beam on their respective sides. 361.08. SWIMMING OR BATHING AREAS. At the Stem and ¢t the Stern- As nearly as practicable at the stem and at the stern, respectively. No person shall operate a watercraft within a water area which t Visible - When applied to lights, means visible on a dark night has been marked off or set aside as a swimming or bathing area µ.ith clear atmosphere. The prescribed visibility means minimum as prescribed by the commissioner's regulations. visibility, and dces not restrict greater distance of visibility, pro- 361.085 SCUBA DIVINCi; FLAGS REQUIRED. vided that the navigation lights are primarily intended for naviga- All persons who swim in any waters of the state, except in legally de- • tion purposes and will not be confuced with other lights. signatad swimming a=s, pursuam to Minnesota Stadrtes 1974, Section 361.08,. (4) International Rules Light RequiremeMS for motorized water- while wearing or carrying any apparatus, except a snorkel not attached craft: [o any artificial container of oxygea, permitting him to breathe while Separate 10-point red (port or left) and green (starboard or right) under water, shall display a diver's flag above the surface of the wa[er side lights showing from dead ahead to 2 points abaft the beam, and: or a 20-pQint combination of red-green light showing red from (a) No more than four divers shall dive under one flag. ahead to 2 points abaft the port beam and green from ahead to (b) Every person who places a diver's flag shall remain within 50 feet 2 points abaft the starboard beam. The red and green lights shatl of the flag, measwed on the surface of the water. be visible at a distance of at least one mile. (c) No person shall place a diver's flag where it will obstruct navigazion A 20-point white light forward, showing 10 points on each side, . 10 27 canoe or kayak for his personal use a U.S. Coast Guard approved (d) If a group of divers is operating in a contained area, the lifesaving device. A lifesaving device of the vest type with no less perimeter shall be mazked and shall be outside of the nomial area of than 150 permanently inflated air sacs of 12 mil vinyl construction navigation. The markings shall consist of the official diver's flag and shall and capable of supporting a minimum weight of 13 pounds may be Placed on the perimeter of the diving area at intervals not exceeding be substituted for a U.S. Coast Guard approved lifesaving device. 150 feet. (2) All motor-powered watercraft 26 feet or more in overall (e) A diver's flag shall measure at least 15 inches horizontally aod 12 length shall be equipped with one hand or power-operated horn inches vertically, and both sides shall have a red-colored background bi- or whistle audible at least one mile. , sected diagonally by a thcee inch wide white stripe having its upper end (3) All motor-powered watercraft less than 26 feet in length with adjacent to the flagstaff. construction permitting the entrapment of explosive or flammable (f) A diver's flag shall be displayed in a vertical plane extended from - gases or vapors must have at least one B-1 type hand portable a rigid flagstaff equipped to maintain the upper edge of the flag az least U.S. Coast Guard approved fire extinguisher fully charged and in , 30 inches above the wazer surface. good operating condition on board and readily accessible. (g) A diver's tlag may be reflectorized or fluorescent provided the entire (4) All motor-powered watercraft 26 feet to less than 40 feet surface is uniformly reflecrorized or fluorescent. in length must have at least two B-I U.S. Coast Guard approved (h) A diver's flag may be anchoied or secured to the bottom when a hand portable fire extinguishers, or at least one B-II type U.S. safety hazard would result Crom towing the flag. Coast Guard approved hand portable fire extinguisher on board If at the discretion of the diver it would be safer and more visible, the flag may be displayed on a watercraft. When the flag is dis- in good condition, fully charged and read_ily accessible. played on the watercraft, [he craft mus[ be at anchor or, if not at anchor, (5) All motor-powered watercraft 40 feet to not more than 65 attended by a diver or a petson appointed by the diver to tend the craft. feet in length must have at least Chree B-I type U.S. Coast Guard On1y watercrafr displaying an official diver's flag are authorized in the approved fire extinguishers; or at least one B-I type plus one B-II diving area. type approved hand portable fire extinguisher on board. These fire 361.09. TOWING PERSON ON WATER SKIS OR extinguishers must be fully charged, in good working condition OTHER DEVICE. and readily accessible. Subd. 1. No person shall operate a watercraft on any waters (6) All motor-powered watercraft over 65 feet in length must of this state, towing a person on water skis, aquaplane, surfboard, have at least three B-II type U.S. Coast Guard approved fire ex- saucer, or similar device, unless there is in such watercraft another tinguishers on board. These fire extinguishers must be fully person in addition to the operator in a position to continually charged, in good working condition and readily accessible. observe the person being towed or instead of such observer, the (d) Ventilation Equipment. boat is equipped with either a curved rear view mirror placed so (1) All motor-powered watercraft, except open watercraft on that the operator may continually observe the person being towed, which construction or decking-over is commenced after January or a safety warning device approved by the commissioner. 1, 1972, and which use fuel having a flash point of 110° F. or Subd. 2. No person shall be towed, or shall operate a watercraft less, shall have at least two ventilator ducts, filled with cowls or . towing a person on water skis, aqua-plane, surfboard, saucer, or their equivalent, For the efficient removal of explosive or flammable other device on any waters of this state at any time from one hour gases from the bilges of every engine and fuel tank compartment. , after sunset to sunrise of the day following. There shall be at ]east one exhaust dUCt installed so as to extend 361.70. CAPACITY OF WATERCRAFT. from the open atmosphere to the lower portion of the bilge and Subd. 1. CapaCity plete required. Every watercraft manufac- at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of th~ car- tured for sale in Minnesota after January 1, 7972, except canoes, buretor air intake. The cowls shall be located and trimmed for sailboats, and those exceeding 19 feet in length shall have affixed permanently thereto by the manufacturer a capacity plate which maximum effectiveness so as to prevent displaced fumes from being shall contain such information as shall be prescribed by the com- recirculated. missioner. For purposes of this section "manufacture" means to (2) As used in this section, the term "open watercraft" means construct or assemble a watercraft or alter a watercraft in such a those motor-powered watercraft with all engine and fuel tank com- manner as to change its weight and carrying capacity. partments, and other spaces to which explosive or flammable gases Subd. 2. Warrenty. The information appearing on a capacity and vapors from these compartments may flow, open to the plate shall be deemed to warrant that the manufacturer, or the per- atmosphere and so arranged as to prevent the entrapment oF such son affixing the capacity plate in accordance with specifications gases and vapors within the water craft. prescribed by the commissioner, as the case may be, has correctly and faithfully employed the method and formula for the calculation 26 11 of maximum weight capacity prescribed by the commissioner and to any part of the watercraft license number or validation decal. that the information appearing on the capacity plate with respect (7) No watercraft shall be rented or offered for rent unless it to maximum weight capacity and recommended number of persons is equipped with a pair of oars and oarlocks, or with a paddle, is the result of the applicatien of such method and formula, and or with a pole, in serviceable condition. with respect to information concerning horsepower limitations that (s) The owner of a business which rents, leases, or hires out such information is not a deliberate or negligent misrepresen- watercraft shall provide for each person on b6ard the watercraft tation. a lifesaving device required by law or these rules. Subd. 3. Violatfon. Failure to comply with the provisions of this • (b) Persons to whom watercraft may be rented. No watercraft Section shall constitute a separate violation for each watercraft shall be knowingly rented or offered for rent to any person who with respect to which such failure occurs. is under the influence of an alcoholic beverage, narcotic or habit- forming drug. 361.71. RIOING ON GUNWALES OR DECKING. ~ No person shall ride or sit on the starboard or port gunwales, NR 202 - NAVIGATION OF WATERCRAFT ON THE the decking over the bow, or transom of a-ny motorboat while WATERS OF THE STATE; SAFETY EOUIPMENT. underwaY, unless such boat is provided with adequate guards or (a) General Rules of the Road. railing to prevent passengers from falling overboard, and no per- (1) When watercraft are running in the same direction, the son shall operate such a motorboat while any person is so riding or watercraft being overtaken has right-of-way and must hold course sitting. and speed. The watercraft which is astern shall pass only when 361.12. LIQUOR, DRUGS, PHYSICAL OR MENTAL there is sufficieqt distance so the maneuver can be done safely DISA$ILITY. and only at such speed that its wash or wake will not endanger No person shall operate or be in actual physical control of any the watercraft being passed or its occupants. No,person operating watercraft while under the influence of intoxicating liquor or nar- a Watercraft shall abruptly change its course without first deter- mining that it can be safely done without risk of.collision. cotic or habit-forming drugs. No owner or other person having (2) When watercraft are approaching each other head on, or charge or control of any watercraft shall knowingly authorize or permit any person who is under the influence of intoxicating liq- nearly so, each shall turn to the right a sufficient distance so that they will uor, narcotic or habit-forming drugs to operate such watercraft. safely pass. When the course of an approaching craft No owner or other person having charge or control of any water- is so far to the right as not to be considered as meeting head on, craft shall knowingly authorize or permit any person who by each shall maintain its course and pass clear. reason of any physical or mental disability is incapable of operat- (3) When watercraft are crossing courses, or approaching each ing such watercraft, to operate such watercraft. other obliquely or at right anglea, so as to involve risk of collision, the craft which has the other on its own right shall yield right- 361.73. STOPPING AT SCENE OF ACCIDENT OR of-way. INCIDENT; REPORTS; LIABILITY. (4) A.sailboat has right-of-way over a motor-powered watercraft Subd. 1. The operator of any watercraft involved in an accident except when it is the overtaking watercraft. Small sailboats should or incident resulting in injury or death to any person or in damage not insist on this right-of-way when approaching large commercial to property shall, if he can do so without serious danger to the vessels. Watercraft propelled by oars or paddles shall also be given watercraft he is operating or the persons aboard, immediately stop right-of-way by motor-powered watercraft. Motor-powered water- at the scene of the accident or incident and render sych assistance craft should always keep clear and pass astem of such watereraft. as may be practicable and necessary and shall give his name, (b) General Mode of Operation of Watereraft. address, and license number of the watercraft he is operating and the name and address of the owner thereof to the person injured ' (1) No person shall operate a watercraft in such a manner that or the operator or occupants of the other watercraft or owner or its wash or wake will endanger, harass or unnecessarily interfere occupant of the property involved, and shall promptly report the with any other person or property. accident or incident to the sheriff of the county in which the acci- (2) No person shall operate a watercraft in any manner as to dent or incident occurred. Sheriffs are required to report all acci- intentionally obstruct or interfere with the take-off, landing, or dents and incidents to the commissioner of natural resources, who taxiing of any aircraft. shall transmit statistics on boating accidents and incidents to the (3), No person shall operate a watercraft within 150 feet of a secretary of the treasury. diver's warning flag (described in NR 206 (a) (6), and section 361.085 (e)), Subd. 2. The owner and operator of any watercraft shall be (c) Safety Equipment. jointly and severally liable for any injury or damage occasioned (1) Every person on board a non-motorized cance or kayak shall wear or have readily accessible to him on board the non-motorized 12 25 (h) Dealer license numbers. The last two characters of all dealers' license numbers shall be the letters DD. No other license by the negligent operation of suclh watercraft whether such negli- number shall include both such letters. Dealers' license numbers gence consists of a violation of the provisions of the statutes of this shall be displayed in accordance with NR 200, Section (c), except state, or neglecting to observe such ordinary care in such operation that such numbers may be so affixed as to be readily detachable as the rules of common law require. The owner shall not be liable and must be attached to any watercraft owned by the dealer when if such watercraft is being operated without his express or implied such watercraft is being used for demonstration purposes or any consent. It is presumed that such operation is with the knowledge other purpose incident to the usual and customary conduct oF the and consent of the owner if at the time of the injury or damage business of manufacturing, selling or trading of watercraFt. A ~ it is under the control of his or her spouse, father, mother, brother, dealer may use as many detachable sets of numbers as is necessary sister, son, daughter or other member of the owner's immediate in the conduct of his business. family. Nothing contained in this Subdivision shall be construed (i) State license numbers. The last two characters of all license to relieve any other person from anp liability which he would other- numbers issued for watercraFt owned by the State of Minnesota a wise have, nor shall anything contained in this subdivision be con- or a political subdivision thereof shall be the letters XX. No other strued to authorize or permit any recovery in excess of the injury license number shall include both such letters. Application for such or damage actually incurred. licenses shall be made directly io the Commissioner of Natural Resources. 361.141. SAFETY EQUIPMENT. (j) Enforcement Pennant. All watercraft used in the enforce- SUbd. 1 Lifesaving devices. Every person on board a water- ment of these rules and regulations and the laws unde- which they craft, except a non-motorized canoe or kayak, shall wear or have are promulgated shall be marked by the ftying of a pennant trian- readily accessible to him on board the watercraft for his personal gular in shape and of the followiqg dimensions: Four (4) inches use a IiFesaving device of the sort approved by the U.S. Coast in depth at the staff and one foot in length. The pennant sha? Guard. The commissioner may prescribe by regulation lifesaving be of a blue background and bear a three (3) inch replica of the devices approved by the U.S. Coast Guard, or other lifesaving Minnesota State Seal. devices, to be worn or carried on board canoes or kayaks. All such (k) Determining length of watercraft. For the purpose of deter- devices shall be in good and serviceable condition. mining the license fee, the overall length of the watercraft shall be measured fiom transom top to point of the bow. IMPORTANT! B08t2r3 USlny waters uRd@f NR 201 - RENTAL OF WATERCRAFT. jurisdiction of U.S. COast GuBrd must Observe (a) Condition and equipment of rented watercratt. SpeCial Coest Guard reguletiOns perteining to operation on such waters. Also see NR 202(c) on (1) No watercraft which is in a broken, rotten or otherwise pages 25-26. hazardoua condition shall be rented or offered for rent. No water- craft shall be rented or offered for rent unless all oars, oarlocks, Subd. 2. RespOnsibility for required equipment. The owner of and paddles rented or made available For use with the watercraft, are free of cracks, splits and breaks. a business which rents, leases, or hires out watercraft shall provi&e (2) No watercraft shall be rented or offered for rent unless itis a lifesaving device required by this section for each person on board rear transoms are strongly constructed and capable of standing the watercraft. the strains imposed by fully reversing the motors attached or to 361.15. LIGHTS be attached. Subd. 1. Each watercraft using the waters of this state, when (3) No metal or fiberglass watercraft shall be rented or offered underway or in use at any time between sunset and sunrise, shall for rent unless it is equipped with air chambers or other buoyancy carry and display the lights specified in the Section or by the com- devices and is capable of sustaining complete buoyancy for capacity ` missioner for such watercraft. "Visible", as used in this Section, load in the event the craft is capsized. means visible on a dark night with clear atmosphere. (4) No watercraft shall be rented or oft'ered for rent unless it Subd. 2. Every watercraft under 26 feet when underway, shall is free of spilled gasoline and oil. carry on board from sunset to sunrise but not necessarily fixed (5) No watercraft which has been rented shall be permitted to to any part of the boat a lantern or flashlight capable of showing depart from the premises at which it was rented if it is loaded a white light visible all around the horizon at a distance of two beyond its safe carrying capacity or powered beyond its safe power miles or more and shall display such lantern or flashlight in suf- capacity. ficient time to avoid collision with another boat. The commissioner (6) No other number, letter, design or insignia shall be displayed may further preacribe watercraft elassifications and lighting sys- , on either side of any such watercraft which is closer than 24 inches tems, if needed to be in substantial compliance with federal law. 24 13 Lights required under this system shall be displayed by watercraft of each class. License Decal Placement Instructions 361.16. HORN OR WHISTIE; siReN. . Non-Motorized Canoes, Kayaks, SAIlbOatS Subd. 1. Motorboats 16 feet or more in overall length shall carry a power, hand or mouth operated horn or whistle capable of produc- ing a sound for at least two seconds and audible for at least one-half mile. The operator of such motorboats shall, only when reasonably necessary to ensure safe operation, sound such horn or whistle. ' BOTH SIDES Each watercraft 26 feet or more in overall length using the waters of this state shall carry such a horn or whistle as prescribed by BOW the commissioner. Subd. 2. No siren shall be carried or used on any watercraft = other than patrol watercraft. Any siren carried or used in violation of this subdivision may be removed and seized by the sheriff and shall thereupon become the property of the county in which seized and may be used or disposed of as the county board may determine. 361.17. MUFFLER. No motor shall be used on any watercraft unless it is equipped with an efficient muffter, underwater exhaust or other device which at al] times adequately muffles or suppresses the sound of the ex- haust oF the motor so as to prevent excessive or unusual noise, and no motor shall be equipped with any cut-out. 361.18. DEVICE POR ARRESTING BACKFIRE. - No motor other than a detachable outboard motor shall be used on any watercraft unless each carburetor is fitted with a U.S. Coast Guard approved device £or arresting backfire. ~ 361.19. FIRE EXTINGUISHER AND VENTILATION. Subd. 1. Inboard motorboats, houseboats, and other motorboats carrying or using fuel or other inftammable or toxic fluid in any When deslgn of sailboat enclosure of the boat shall be provided with such number, size, 1Tiakes placement of license and type of fire extinguishers as may be approved by the commis- deCals on bOw impossible, sioner. Fire extinguishers approved by the commissioner shall com- the license deCals may be ply with requirements of the U.S. Coast Guard. Such extinguisher plaCe(1 on Stern. shall be at all times kept in condition for immediate and effective p use and shall be so placed as to be readily accessible. BOTH Subd. 2. Each watercraft described in 9ubdivision 1 shall be $IDE$ provided with such means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments as prescribed , BOw by the commisseoner so as to remove any explosive or flammable gases. 361.20. RACE OR OTHER COMPETITION OR EXHIBITION NOTE! All canoes, kayaks and sailboats being powered No person shall hold or sponsor any scheduled or public race, by motors must display the license numbor which appears regatta, tournament or other competition or exhibition, or any trial on the license deeal provided -fiy the Department ot Na- therefor, on water or ice thereon, whether or not involving water- tural Resources. This license number (preceded by the craft, without first having obtained a written permit therefor from letters MN) must be placed on watercraft as illustrated on Page 27. the sheriff of the county in which such event is to originate. The 14 23 curely affixed on each side of the forward half of the watercraft sheriff, in such permit; may exempt watercraft from any oF the for which it was issued in such a position as to provide clear and provisions of Ghapter 361 relating to the operation and equipment legible identification. The letters and numerals_must be of a color of watercraft while participating in the event authorized. If the that contrasts with the background and may be reflectorized decals sheriff refuses such permit, the person applying therefor may or metal or may be painted. The letters and numerals shall read appeal such refusal to the commissioner. £rom left to right and shall not be less than 3 inches in height, 361.21. HAZARDS TO NAVIGATION; REAAOVAL OF of block type, of a stroke not less than 'Fz inch or more than 3/a BUOYS OR STRUCTURES. inch in width, not including a border. The ]icense number shal] ~ Subd. 1. The commissioner may require that a written permit be maintained so that it is clearly visible and legible, and the letter be obtained for the placement of any structure or device which, groups must be separated from the numeral groups by a space in his opinion, constitutes a hazard to navigation. of not less than 3 inches nor more than 4 inches. Adjacent letters Subd. 2. Except as authorized by the commissioner, no person and numerals within each group must be spaced not less than 1/2 ~ shall obstruct, remove, damage or destroy any buoy or structure inch nor more than % inch apart. A state validation decal for the placed in the waters of this state in accordance with Sections 361A1 current license period must be affixed toward the stern of the boat to 361.28 or by authority of the United States. and not more than 4 inches from the first or last letter of the license Subd. 3. No person shall place buoys or other waterway markers number on each side o£ the boat. unless the markers conform with the uniform marking system (d) Marking of non-motorized canoes, kayaks, and rowing established by the commissioner. shells. All non-motorized canoes, kayaks, and rowing shells shall 361.215. ENFORCEMENT AUTHORITY. display decals furnished by the Department of Natural Resources Any sheriff or conservation officer may stop and detain for a for such watercraft. These decals shall be securely affixed on each reasonable time any motorboat observed to have committed a viola- tion of Minnesota Statutes, and is empowered to issue a summons and complaint for violations of Chapter 361 in the same manner ATTENTION! Motorized canoes, kayaks and sailboats as for violations oF game and fish laws. All watercraft used in the must be marked the Same as conventional waterCraft. See enforcement of this Section shall be duly marked t4rough the ftying instructions on bottOm of Page 23, and illustration on Page of a pennant of such size and marking as shall be prescribed by 21 the commissioner. 361.22. PENALTIES FOR VIOLATIONS. Subd. 1. Any person who shall violate any provision of Sections side of the forward half of the watercraft for which the deca] was 361.01 to 36128, or any regulation of the commissioner promul- issued, in such a position as to provide clear and legible identifi- gated pursuant to Sections 361.01 to 361.28, or who shall operate cation. any watercraft which does not conform to the provisions of Sections (e) Marking of non-motorized Sailboats. All non-motorized sail- 361.01 to 361.28, sha11 unless a different penalty is specifically boats shall display the decals furnished by the Department of prescribed, be guilt,y of a misdemeanor. Natural Rssources for such watercraft. These decals shall be se- Subd. 2. In addition to any other penalties autharized by Sections curely affixed on each side of the forward half of the watercraft 361.01 to 36128, any operator may, in the discretion of the court, for which it was issued, in such a position as to provide clear and upon conviction for a violation of any provision or regulation relat- legible identification. If it is impossible to diplay such decals on ing to the manner of operation of a watercraft, be prohibited from the forward half oFsuch watercraft so as to provide clear and legible operating a watercraft for a period of not more than 90 days. Upon identification both decals must then be affixed to the stern of such a second conviction for any such violation within a period of one watercraft. ' year, the court shall prohibit the operator from operating a water- (f) Expired Validation Decal. All expired or otherwise invalid craft for 90 days. state validation decals shall be removed from the watercraft for Note: Pursuant to Laws 1973, Chapter 310, Sections 3 and 4, which they were issued or completely covered by placement of the on and after January 1, 1975, Subdivision 2 will read as follows: current decal so that only the current decal is visible. Subd. 2. An operator 13 years of age or older but less than 18 (g) Other insignia. No person shall operate any watercraft, years of age, adjudicated by a juvenile court as having violated except a non-motorized canoe, kayak, or sailboat, which has any sections 361.05, or 361.12, or 361.13 shall have his operator's per- number, letter, design or insignia displayed on either side thereof mit revoked by the commissioner. The comrnissioner shall issue which is closer than 24 inches to any part of the watercraft license a new permit to the operator one year after the revocation upon number or validation decal. successful completion by the operator of a watercraft safety course. 22 15 The judge of a juvenile court, which adjudicates an operator of violating any of the laws or regulations listed above, shall require the surrender of the person's watercraft operator's permit and shall forward the operator's permit to the commissioner, together with a record of the adjudication. Subd. 3. Any operator who shall operate a watercraft when such operation is prohibited pursuant to Subdivision 2, shall be guilty of a misdemeanor. r E ~ ro ,n 361.23. VIOLATION AS EVIDENCE. r y a, In all civil actions a violation of any of the provisions of Sections C or y 361.05 through 361.20, inclusive, by any of the parties thereio sha? not be negligence per se but shall be prima facie evidence of neg- Q o~ 3 ligence. No record of the conviction of any person for any violation ~ ~ m y of Sections 361.01 to 361.28 shall be admissible as evidence in any court in any civil action. 361.24. DUTIES OF SHERIFFS, CONSERVATION y OFFICERS, AND COUNTY BOARDS. Q Subd. 1. It shall be the duty of the sheriff of each county and 'a ? conservation officers of the department of natural resources to ~ ° w~ w enforce the provisions of Chapter 361. It shall be the ddty of't};e El sheriff of each county to maintain a program of search, rescue, i posting and patrol, and inspection of watercraft for rent, lease, ~ g w Q c`a or hire. He shall prohibit the use of any watercraft for rent, lease, or hire which does not comply with the standards of safety for such watercraft which the commissioner shall prescribe. He shall investigate all watercraft accidents and drownings and report his findings to the commissioner m such £orm as the commissioner ro shall prescribe. The county board may authorize the employment 4) of such additional personnel as it deems necessary to carry out G! ~x ~ the provisions of this Secticn. Subd. 2. On or before September 1 of each even numbered year, 21 . .Q ~ o the county board of eack: county shall submit to the commissioner a U , its proposed budget to carry out the provisions of Sections 361.01 Q A K,b ^a to 361.28 during the biennium beginning on the following July p m T ~ 1. The commissioner shall review such proposed budgets and incor- porate into the budget for the department of natural resources such ~ parts thereof as he deems necessary and equitable for each county, 0 the total of which shall not exceed 75 per cent of the anticipated = ~ w-°1 0 receipts from the sale of watercraft licenses during such biennium. ~ o'a x The amount appropriated for each county shall be paid to such o county and a separate accounting kept thereof. The commissioner ~ ro s~ ro may require each county to make such reports as to the expenditure oE a° of such funds as he deems necessary. or y 361.25. REGULATIONS. The commissioner shall adopt, in the manner provided in sections 15.0411 to 15.0422, and shall publish in the manner prescribed in section 97.53, subdivision 2, regulations relating to the applica- tion for, and form and numbering of watercraft licenses and the size, form, re8ectorized material and display of watercraft license 16 21 facilities pursuant to Laws 1971, Chapter 861, where it determines numbers which shall comply with the requirements of the federal that conditions necessitate such action. watercraft numbering system, placement and regulation of docks, Subd. 6..A person who violates any proyision of this section is piers, buoys, mooring or marking devices and other structures in guilty of a misdemeanor. the waters of this state, rules of the road for watercraft navigation and standards for equipment used in the towing of persons on water skis, aqua planes, surfboards, saucers, and other devices, standards for lights, signals, fire extinguishers, bilge ventilation, and lifesav- ing equipment, standards of safe load and power capacity, ' accounting, procedural and reporting requirements for county sheriff, designation of and swimming or bathing areas, standards of safety for watercraft offered for rent, lease, or here; and in Please Note: Because of Legislative changes in the accordance with section 36126, subdivision 2(c), the commissioner laws concerning SCUBA diving ther+e is a conflict + shall by no later than January 1, 1975, adopt rules and regulations between section 361.085 and NR 206 (a). The Com- relating to the use of surface w5ters of this state by watercraft miSSlOner of Natural Resources will hOld publlC including but not limited to (1) standards and criteria for resolving hearingS on these end Othei regulations after conflicts in the use of water.surfaces by watercraft, (2) procedures JanuBry 15, 1977. PubliC nOtlCe Will b@ glVen in for dealing with problems involving more than one local govern- advance ofthe hearing date. mental unit, (3) procedures for local enforcement and (4) proce- dures for carrying out the provisions of section 36126, subdivision 2; and such other regulations as he deems necessary to carry out the provisions of chapter 361. STATE OF MINNESOTA 361.26. APPLICATION OF STATE LAW; LOCAL REGU- DEPARTMENT OF NATURAL RESOURCES LATIONS; SURFACE USE REGULATIONS OF THE COMMISSIONER. Boat and Water Safety Rules and Regulations Subd. 1. The provisions of chapter 361, and of other applicable 1977 laws of this state shall govern the operation, equipment, number- ing and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity NR 200 - LICENSING OF WATERCRAFT. regulated by chapter 361 shall take place thereon. Nothing in chap- (a) ApplicatiOn for License. Application for watercraft license ter 361 shall be construed as limiting the authority of any political shall be made to the Commissioner of Natural Resources or his subdivision of this state to adopt regulations, not inconsistent with authorized agents on a form he shall provide. A watercraft license chapter 361 and'the regulations of the commissioner, relating to number and certificate shall be issued by the Commissioner upon the use of waters of this state which are wholly or partly within receipt of the fee prescribed by law. the territorial boundaries of a county, or entirely within the bound- (b) Display of License Certificate. No person shall operate or aries of a city, village, or borough. A city of the first class of over use a watercraft, except a non-motorized canoe, kayak, or sailboat, ? 200,000 or the park board thereof, may forbid the use of motorboats required to be licensed unless the license certificate for such water- or boats with motors attached thereto on its lakes. craft is on board and available for inspection by authorized enforce- Subd. 1a. On or before January 1, 1975, the commissioner shall ment officers. Owners of non-motorized canoes, kayaks, sailboats, develop and publish guidelines to assist counties when adopting or rowing shells shall produce the license certificate for such water- + water surface ordinances for waters within their jurisdiction. craft within a reasonable time upon request of authorized enforce- Subd. 2. 1al Upon request of a county, city, village, borough, ment officers. The owner of rental watercraft may keep the license or town, the commissioner may, iF he determines it to be in the certificate available for inspection on the premises from which the is rented, provided that the owner's business name is craPublic interest, establish regulations relating to the use of water- watercralegiblyFt printed on the rear half and on both sides of the watercraft ft on waters of this state which border upon or are within,, in µ'hole or in part, the territorial boundaries of the governmental in the same size and manner as required for the license number unit in NR 200, Section (c). . (c) Display of License Number 8 Validation DeCal on Motorized (b) Such regulations shall be established in the manner provided Watereraft. The license number, on all watercraft, except non- by Minnesota.Statutes 1969, Section 15.0411 to 15.0422, but shall not be submitted to the attorney general nor filed with the secretary motorized canoes, kayaks, sailboats and rowing chells shall be se- 20 17 of state until first approved by resolutions of the county boards 361.28. PERSONAL PROPERTY 7AXES. of a majority of the counties affected by the proposed regulations. The license fee on watercraft as imposed herein is not to be con- (c) Such regulations may restrict any or all of the following: sidered in lieu of personal property taxes thereon. ( I) the type and size of wa[ercraR and size of motor which may use ihe waters affected by [he regula[ion, (2) [he areas of wa[er which may be 361.29. MARINE TOILETS. used by watercraft, (3) speed of wa[ercrak, (4) [imes permit[ed for use Subd. 1. (a) For the purposes of this section the term "wa- of watercraft, or (5) minimum distance be[ween watercraR. When es- tercraft" has the meaning given to it by Section 361.02, Subdivi- tablishing regulations the commissioner shall consider the physical sion 7, and acts amendatory thereof. (b) No person owning or characleristics of the waters affected, Iheir historical uses, shoreland uses ~ operating a watercraft or other marine conveyance upon the waters and classification, and any othee Lealures unique to Ihe waters affecCed of the state of Minnesota shall use, operate or permit the use or by the regula[ions. operation of any marine toilet or similar device for the disposition (d) The commissioner shall inform the users of the waters of S of sewage or other wastes, unless the toilet wastes are retained the regulations afYecting them at least two weeks before the effec- for disposition on land by means of facilities constructed and oper- tive date of the regulations by distributing copies of the regulations ated in accordance with rules and regulations adopted by the state and by posting ofthe public accesses of the waters. However, failure board of health and approved by the pollution control agency of of the commissioner to comply with this paragraph shall not af£ect the State of Minnesota. No person shall discharge into the waters the validity of the regulations or any conviction for violation of of this state, directly or indirectly from a watercraft or other marine the regulations. conveyance, any sewage or other wastes, nor shall any container (e) The cost of publishing regulations and or marking and post- of sewage or other wastes be placed, left, discharged, or caused ing waters pursuant to this subdivision shall be paid by the to be placed, left or discharged into any waters of this state by counties affected by the regulations, as apportioned by the commis- any person ur persons at any time whether or not the owner, ,ioner. " operator, guest or occupani of a watercraft or other marine con- (fl Regulations or ordinances relating to the use of waters of veyance. Alltoi]ets must be sealed or otherwise rendered inopera- this state enacted by a local governmental unit before the effective tive so that no human or other waste can be discharged from such date of this act shall continue in effect until repeaPed by the local toilet into state waters. governmental unit or superseded by a regulation of the commis- Subd. 2. The Minnesota pollution control agency shall upon sioner promulgated pursuant to this Subdivision. request furnish a list of the types of retention devices currently available and considered acceptable for the purposes of this Section 361.27. BOAT AND WATER SAFETY ACCOUNT; for use with such marine toilets. The commissioner of natural FINES AND FORFEITED BAIL MONEY. resaurces shall furnish the sheriFf of each county in the State of Subd. 1. All license fees received under Sections 361.01 to 361.28 Minnesota with a list of such retention facilities acceptable to the shall be deposited in the state treasury and credited to the general pollution control agency of the state of Minnesota. fund for the purpose of boat and water safety. Not exceeding 75 Subd. 3. No watercraft or other marine conveyance upon the per cent of such moneys may be paid to such counties and in such waters of the State of Minnesota shall be equipped with any marine amount as the commissioner may determine and be used to defray toilet unless also equipped with a retention device acceptable to the expenses of enforcement of the provisions of Sections 361.01 ~ the pollution control agency ofthe State of Minnesota. to 361.28 and [he ezpenses of a county sponsored or administered I Subd. 4. The installation or presence of a marine toilet in a watercrafr and swimming safety instructional program. Watercraft shall be indicated by the owner upon application for Subd. Y. All fines and forfeited bail money, from violations under licensing of the watercraft or marine conveyance, and no license Sections 361.01 to 361.28 collected from persons apprehended or y, for any such watercraft bearing a marine toilet shall be issued arrested shall be paid by the justice of the peace, municipal rnurt, except upon certification by the owner of the installation of an or other person or officer collecting such fines, £orfeited bail money acceptable retention device for use with such marine toilet. or installments thereof, within 15 days aftet the last day of the Subd. 5. The provisions of' Subdivisions 1, 2, 3 and 4 of this month in which such moneys were cbllected, to the county treasurer Section shall not apply until December 31, 1975, to watercraft of the county where the violation occurred. One-half of such that were e ui receipts shall be credited to the general revenue fund of the county. 9 PPed with treatment devices approved by the pollu- tion contral agency prior to June 8, 1971, so long as such equipment The other one-half of such receipts shall be transmitted by the continues to operate in accordance with its design capability. Not- county treasurer to state treasurer to be deposited to the credit H,ithstanding this provision, the agency shall by administrative of the general Fund in the state treasury for the purpose of boat order require such watercraft to commence use of retention and water safety. 18 19 MINNESOTA 1974-1975 WATERS AND WATERCRAFT SAFETY LAWS ~ RULES AND REGULATIONS Subject to Change After January 15, 1975, by the Legislature in Session ~ ~ , - MN 1234/~g ~ t t- NOTE: All Persons Requiring a License Who Hunt or Fish within the Boundaries oi the Leech Lake Indian Reservation Must Have on their Person an Appropriate Unrestricted Hunting or Fishing License or an Appro- priate Restricted Hunting or Fishing License with a Leech Lake Reservation Stamp Attached. Department of Natural Resources License Center 625 No. Robert Street St. Paul, Minnesota 55101 I N D E X (3) Payment by the state is limited to 50% of the reimburaeable items of expense, subject to maximum state payment of $2,500.00 WATERS 8nd WATERCRAFT SAFETY for each search and rescue, operation. (b) Reimbursement by State. A sheriff claiming reimbursement MINNESOTA STATUTES 1971 shall submit in duplicate an itemized invoice, verified by the county Chapter 361 auditor, together with a statement showing that the operation qualified for reimbursement, to the administrator of the Bureau (AS Amended bY Laws of 1973, of Business Management, Department of Natural Reaources, Cen- Chapters 35, 202, 310, and 702) tennial Building, Saint Paul, Minnesota 55155. All claims will be subject to audit by the state. POlICy of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 NR 211 - PENALITIES. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' Any person who shall violate any of the provisions of these reg- Watercraft Licenses ' ' ' ' ' ' ' ' g~ ulations shall be guilty of a misdemeanor and be punished by a fine of not more than $300, or by imprisonment for not more than General Requirements . . . . . . . . . . . . . . . . . . . . . 6 90 days, or both. Application, Issuance, Reports . . . . . . . . . . . . . . 6 ' NR 212 - PREVIpUS ORDERS. Fees for License . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 These rules and regulations supersede all previous orders of the D1spOS1tlon of Receipts 7 Commissioner o£ NaEural Resources relating to boat and water Expiration, Renewal; New Licenses 7 safety. Loss or Destruction, Duplicate Licenses 7 Transfer of Ownership; Destruction or Abandonment of Watercraft 7 Dealer's License 8 Watercraft Owned by State or Political SubdiviSion 8 Suspension or Revocation of License 8 Exemptions 8 Licensing by Political Subdivisions 9 Watercraft Safety Program; Operators Permits 9 Operation Generally 9 ' Age of Operators ...........................,10 Obstruction of Navigation; Advertising; Buoys .....................................10 . Swimming or Bathing Areas .................10 Water Skiing ................................10 Capacity of Watercraft .......................11 Riding on Gunwales or Decking .............11 Liquor, Drugs; Physical or Mental Disability ...........................11 (Continued on Page 3) 2 35 structure or buoy will not constitute an undue hazard to or illegal INDEX (continued) obstruction o£ navigation. (2) Each structure or navigational buoy placed pursuant to such permit shall have the permit number painted thereon atid shall Stopping at Scene of Accident; have attached either a light visible in al] directions, or sufficient Reports, Liability . . . . . . . . . . . . . . . . . . . . . . . . . .11 reflectorized material so as to reflect light from all directions, which Safety Equipment 12 material shall retain 80% of its dry weather reflective signal streng Lifesaving Devices .........................12 th when submerged in water. (3) Nothing in this rule shall be construed to affect tne Provi- Responsibility for Required Equipment .....12 sions of Minn. Stat. 1969, Section 105.42, or the requiremeqts for Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 permits from the Commissioner of Natural Resources thereunder, Horn or Whistle; Siren . . . . . . . . . . 13 nor s a t is rule be construed to affect the construction of blinds ~ built in accordance with the provisions of Minn. Stat. 1969, Section Muffler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 100.29(17). Device for Arresting Backfire 13 NR 208 - REPORTS TO THE COMMISSIONER. FIr@ EXtIr1gUISI12Y; Ventilation . . . . . . . . . . . . . . . .13 Each county sheriff shall report to the Commissioner of Natural ~ Race or Other Competition or Exhibition ....14 Resources promptly, on forms provided by the commissioner, each Hazards to Navigation; Removal accident involving a watercraft, and every drowning, in order to properly evaluate the water safety program. In the event of death, of Buoys or Structures . . . . . . . . . . . . . . . . . . . .14 the report shall be made within 48 hours; in event of serious injury Enforcement Authority . . . . . . . . . . . . . . . . . . . . . . .14 which incapacitates the victim for more than 72 hours or involves p'enalties for Violations . . . . . . . . 14 property amage of over $100.00 report must be made within five days. Each charge o£ a violation o£ law made against a watercraFt VI018t1011 as Evidence . . . . . . . . . . . . . . . . . . . . . . ,15 operator and each written warning thereof shall be reported. Each Duties of Sheriffs, Conservation watercraft for hire which does not comply with the standards of Officers, County Boards 15 safety for such watercraft shall also be reported. Regulations of Commissioner ................16 NR 209 - BOAT AND WATER FUNDS. AppllCatl0n OT StBt@ LBW; Local Regulations; (a) Separate Accounts. Each county shall maintain a separate account wherein allocations to the county are deposited and from Surface Use Regulations of which disbursed. COfT1m1SSlOf1@P . . . . . . . . . . . . . . . . . . . . . . . . . . .16 (b) Audits. Such accounts shall be subject to audit by the Depart- BOat 8c W8t@Y S8f@ty ACCOUnt; Fines and ment of Natural Resources. FOI'}elt@C~ B81I MO~I@)/ 17 (c) Expenditures. Such £unds shall be used only for direct ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' expenses in connection with en£orcement of the Boat and Water Personal Property Taxes ...18 safecy act. ` Marine Toilets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 NR 210 - REIMBURSEMENT OF COUNTY SHERIFFS FOR SEARCH AND RESCUE OPERATIONS. (a) Generally. Payments for annual appropriations for search STATE OF MINNESOTA and rescue operations shall be made pursuant to the provisions ' DEPARTMENT OF NATURAL RESOURCES hereof in order of presentation until expended. 608t 8nd W8t@f S8f2ty RUleS Bnd R¢ ju18t10nS (1) A search and rescue operation resulting from or related to 1g73 - 1974 outdoor recreational activities will qualify for reimbursement if the incident necessitating the operation is of an unusual and non- LICe1lSlllg of Watercraft recurring nature. ' ' ' ' ' ' ' ' ' 20 (2) Reimbursable items of expense are those which are over and Application for License . . . . . . . . . . . . . . . . . . . . 20 above the sheriff's regular operating budget, and include rental DlsplBy of License Certificate ..............20 of private equipment and employment of personnel hired expressly for the search and rescue operation. (Continued on Page 4) 34 3 INDEX (continued) NR 206 - SCUBA DIVERS AND WATER SKIERS. (a) Diver's Flags. (1) Every person who shall swim in any waters of the state, Display of License Number and Validation except in legally designated swimming areas, while wearing or Decal on Motorized Watercraft 20 carrying any apparatus including a snorkel permitting him to Marking of Non-Motorized Watercraft 20 breathe while under water, shall tow a diver's flag, displayed above Expired Validation Decal ' ' ' ' ' ' ' ' ' • ' • ' ' ' ' ' ' 22 the surface of the water, which shall be attached to a device capable of supporting such swimmer and his equipment upon the surface Other Insignia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 of the wateT. Dealer License Numbers . . . . . . . . . . . . . . . . . . 22 (2) Every person who causes a diver's flag to be displayed shall State License Numbers 22 remain within 50 feet thereof, measured on the surface of the water. Determinin Len Of WateT'CT'aft ........,24 (3) A diver's flag shall not be towed by more than one person, g ~il ~ except as provided in (5) below. Rental of Watercraft . . . . . . . . . . . . . . . . . . . . . . . . .24 (4) No person shall display a diver's flag so as to cause unlawful Condition and Equipment . . . . . . . . . . . . . . . . . . 24 obstruction to navigation. Persons to Whom Watercraft , (5) If a group of divers is operating in an area, the outsi e o the perimeter shall be marked and shall be outside of the normal May be Rented . . . . . . . . . . . . . . . . . . . . . . . . . 24 area of navigation. These markings shall consist o£ the official N8V198t10n of WBterCPBft On WBterS of diver's flag and shall be placed around the perimeter of the diving State; Safety Equipment 24 area at intervals not exceeding 150 feet. (6) A diver's flag displayed to indicate the presence of persons General Rules of the Road . . . . . . . . . . . . . . . . .24 engaged in underwater activities shall measure at least 15 inches General Mode of Operation of Watercraft ...25 horizontally and 12 inches vertically, and both sides thereo£ shall Safet E Ul ment 25 have a red-colored background bisected diagonally by a three-inch y q p ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' wide white stripe having its upper end adjacent to the flagstaff. Ventilation Equipment . . . . . . . . . . . . . . . . . . . . .26 (7) A diver's flag shall be displayed in a vertical plane extended I,1gi1t1IIg Fi(ill1pIT10rit . . . . . . . . . . . . . . . . . . . . . . .`L6 from a rigid flagstaff equipped to maintain the upper edge of the Definitions . . . . . . . . . . . . . . . . . . . . . . . . 26 flag at least three feet above the water surface. International Rules Li ht Re U1T2ri18ritS (a) Any diver's flag may be reflectorized or fluorescent provided g q that the entire displayed surface thereof is uniformly reflectorized for Motorized Watercraft . . . . . . . . . . . . . . . . 27 or fluorescent. Inland Rules Light Requirements for (b) Length of Ski Tow Ropes. No person being towed on water Classes A and 1 ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 7 skis, aquaplane, saucer or other device shall be towed with a rope, L wire, cable or other towing device extending more than 150 feet Capacity Plate Information from the towing watercraft without obtaining a permit from the Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ~ local sheriff. Waterway Markers . . . . . . . . . . . . . . . . . . . . . . . . . . .28 NR 207 - PLACEMENT OF TEMPORARY STRUCTURES Legally Designated Swimming Areas .........31 AND BUOYS IN THE WATERS OF THE STATE. Scuba Divers and Water Skiers . . .33 + (a) Generally. No person shall leave any temporary structure Temporary Structures & BUO~/S 33 not extending from shore or any navigational buoy or regulatory ' ' ' ' ' ' ' ' ' ' ' ' ' ' or information sign in the waters of this state between the hours Reports to the Commissioner ...............34 of sunset and sunrise without first obtaining a permit in writing Boat & Water Funds .34 therefor from the sheriff of the county. Mooring buoys must be Reimbursement of County Sheriffs for placed as provided in NR 204(d). Swimming area markers must be pl Search and Rescue O erations • 34 aced as provided in NR 205. p (b) Permit for Temporary Structure or Buoy. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 (1) The sheriff of any county may issue a permit for the place- Pr@VIOUS Orders 35 ment of any such structure or buoy whenever, in his opinion, the 4 33 line. Markers in the form of a cylinder must have a diameter of WATERS and WATERCRAFT at least 5 inches and not larger than 9 inches. Markers with a SAFETY LAWS shape other than a cylinder may not have a length or width greater than 14 inches. Each such marker shall bear on opposite sides, 1973 -1974 a'/z-inch wide band of international orange color forming an upright diamond at least 5 inches in outside width, dissectea verti- Minnesota Statutes 1971 cally and horizontally by a'/z-inch wide strip of international Chapter 361 orange color. The border of the diamond and cross outline shall not be less than ~/z-inch in width. These markers may not be spaced (As Amended by Laws of 1973, more than 15 feet apart and must outline all of the swimming Chapters 35, 202, 310, and 702) area, (2) No swimming marker may obstruct watercraft traffic or . unduly interfere with public use of the water. I£ in the opinion of the local sheriff, his water patrolman, or conservation officer, such conditions exist. they may direct the landowner or lessee to 361.01. POLICY OF STATE. change the boundaries of the swimming area or have the markers . It is the policy of this state, which is blessed with an abundance removed. The landowner or lessee may appeal such a directive to of water, to promote its full use and enjoyment by all of the people, the Commissioner of Natural Resources. now and in the future, to promote safety for persons and property (b) Other AreaS. Swimming areas in public waters maintained in connection with the use of the waters of the state, to promote or designated by governmental subdivisions, private corporations, uniformity of laws relating to such use and to conform with any private clubs, non-profit organizations, or businesses offering pub- requirements of the United States relating thereto. lic swimming facilities in any body of water where operation of 361.02. DEFINITIONS motor-powered watercraft is not prohibited shall be marked in the Subdivision 1. For the purposes of Sections 361.01 through following manner: 361.28, the terms defined in this section shall have the meanings (1) The entire perimeter of the water area shall be marked with ascribed to them. white marking buoys no less than 9 inches in diameter and extend- Subd. 2. Person includes an individual, partnership, corporation, ing no less than 36 inches above the surface of the water. Each the state and its agencies and subdivisions, and any body of per- marking buoy must contain two horizontal bands of reflectorized sons, whether incorporated or not. international orange, one such band at the top, and the other just Subd. 3. Owner means a person, other than a lien holder, having above the waterline. Each marking buoy must also contain two the property in or title to a watercraft. The term includes a person diamond shapes with crosses which means "boats keep out." These entitled to the use or possession of such craft, subject to an interest diamond shapes must have a vertical diagonal of not less than in another person, reserved or created by agreement and securing 14 inches and a horizontal diagonal of not less than 14 inches. payment or performance of an obligation, but the term excludes The borders of the diamond and cross outline shall not be less a lessee under a lease not intended as security. than 1 inch in width. The color of these borders shall be reflec- ~ Subd. 4. Dealer means any person engaged in the business of torized international orange. The diamonds shall be placed midway manufacturing or selling new and unused watercraft or used water- between the horizontal bands. The words "swim area" should also craft, or both, having an established place of business for the sale, appear on each marker in no less than two-inch letters. trade and display of such watercraft, and having in his possession' (2) Marking buoys must not be spaced more than 75 feet apart ~ k'atercraft for the purpose of sale or trade. and in no case may less than three markers be used to establish Subd. 5. Operate means to navigate or otherwise use a water- a boundary line. craft. (3) Smaller markers may be used to add definition to the area Subd. 6. Operator means the person who operates or has boundaries. These smaller markers must be all white in color. charge of the navigation or use of a watercraft. Subd. 7. WaterCraft means any contrivance used or designed for (c) All new or replacement markers must meet the preceding navigation on water other than (a) duck boat during the duck hunt- requirements. All existing non-conforming swimming area mark- ing season, (b) rice boat during the harvest season, or (c) seaplane. ers may be used until July 1, 1973. Subd. 8. Motorboat means any watercraFt propelled in any 32 5 respect by machinery, including watercraft temporarily equipped Where used, the signs shall completely line the perimeter of the with detachable motors. ice hazard at intervals not exceeding 75 feet and shall be at least Subd. 9. Underway or in use means any watercraft in operation 48 inches above the ice. or use when not securely fastened to a dock or other permanent Such signs must be removed from the ice, by whomever placed, mooring. not later than April 1, each year. Subd. 10. Commissioner means the commissioner of natural (7) No person shall operate any motor vehicle, snowmobile, all- resources acting directly or through his authorized agents. terrain vehicle, ice boat, or any other conveyance used to transport Subd. 11. LiCense means the authentic document used to desig- persons over the ice on public waters of the state within 150 feet nate the numbers assigned a watercraFt and to renew same. of a diver's warning flag (described in NR 206 (a) (6) Subd. 12. Weters of this State means any waters capable of sub- (8) Written material on any waterway marker sign shall be stantial beneficial public use, and any waters to which the public printed with black letters at least 2 inches in height, on a white has access, which are within the territorial limits of this state, background. All lettering shall be placed inside the area enclosed including boundary waters. by the orange band, except the explanatory material appearing Subd. 13. Horsepower means the power rating established for on signs indicating an area prohibited to watercraft shall be placed a motar by the manufacturer thereof, or, if no rating is so estab- outside of the orange band. lished, then the rating established by the commisaioner. , (9) Every waterway marker driven into the botitom of a lake or stream, or attached to a post so driven, shall extend at least 361.03. WATERCRAFT LICENSES. 30 inches above the surface of the water. The surface of the water Subd. 1. General requirements. Except as hereinafter provided, shall be considered to be the normal high water-mark during the no person shall after July 1, 1959, operate, or give permission for local boating season. the operation of, any watercraft for which a license fee is prescribed (10) Any sign may be reflectorized or fluorescent provided that in Subdivision 3 on the waters of this state unless a license for the entire displayed surface thereof is uniformly reflectorized or such watercraft has been issued and is in effect in accordance with fluorescent. Sections 361A1 to 361.28. The license number assigned a water- (11) The reflectorized material required by all sections of these craft shall remain the same if continually renewed, and the licensee rules shall retain 80% of its dry weather reflective signal strength of each watercraft shall purchase the watercraft license numbers when submerged in water. assigned and affix same as may be prescribed by the commissioner. (12) Whenever an emergency situation requires that immediate Subd. 2. Application, issuence, reports. Application for registra- Warning be given of any hazardous condition on any waters of the tion or reregistration shall be made to the commissioner of natural state, any available object or apparatus may be utilized as a tem- resources, the commissioner oF public safety or an authorized depu[y porary waterway marker to give such warning until the emergency registrar oF motor vehicles in such form as the commissioner of public ceases to exist or until a marker complying with these regulations safety shall prescribe, and shall state the name and address of every can be substituted therefor. owner of the watercraft and be signed by at least one owner. Upon receipt (f) Buoys, markers, and regulatory signs not conforming to of the application and the appropriate fee as hereinaf[er provided, such these rules and presently in place in the waters of the state may watercraft shall be registered and a registration number assigned which be used until replacement is needed or until January 1, 1977. When shall be a(fixed to [he watereraft in such manner as the commissioner of ~ such buoys, markers, and regulatory signs are replaced, the natural resources shall prescribe. Each deputy regis[rar of motor vehicles replacements must conform to the requirements of these rules. All ac[ing pursuant to section 168.33, shall also be a depury registrar of such buoys, markers and regulatory signs must conform to the watercraft. The commissioner of natural resources in agreement with the requirements of these rules by no later than January 1, 1977. commissioner oF public safety may prescribe [he accounting and pro- cedural requiremen[s necessary to assure efficient handling of registra- • NR 205 - MARKING OF LEGALLY DESIGNATED [ions and regis[ration fees. Deputy registrars shall strictly comply with SWIMMMG AREAS these accoun[ing and procedural requirements. A fee of 50 cents in addi- tion to that otherwise prescribed by law shall be charged for each water- (a) Individual Private Areas craft registered by [he regis[rar or a deputy tegistrar. The additional fee (1) The owner of lessee of shoreline property may place white shall be disposed o( in [he manner provided in section 168.33, subdivision markers defining a swimming area adjacent to his property for z. his personal use. This area shall not exceed 2500 square feet in Subd. 3. Fees for liCense. The fee for each watercraft license area and shall not extend more than 50 linear feet along the lake issued after December 31, 1971 for the following periods, or por- frontage of the owner or lessee: These markers must have no less tions thereof, shall be as follows; than 6 inches but no more than 14 inches showing above the water- 6 31 the red vertical stripes. A white quick-flashing light shall be used (a) Any canoe, kayak, or sailboat used by a nonprofit organiza- if the buoy is lighted. tion where a substantial part of the usage is in teaching water- (d) MOOring Buoys. Every buoy placed in the waters of the state craft safety, $2 for three calendar years. for use in anchoring or mooring watercraft may be of any practi- (b) Any watercraft which is rented or leased or offered cable size or shape, but must have at least 8 inches extending above for rent or lease, $3 for three calendar years for each watercraft the waterline. No anchoring buoy may have a diameter of over 19 feet in length or under, measured from transom top to point 20 inches if circular or a length or width of more than 20 inches of the bow; $25 for three calendar years for each watercraft over if some other shape. No mooring or anchor buoy may be placed 19 feet, measured from transom top to point of the bow. Any in any public water if it obstructs access to any public or private motorboat which is hired or offered for hire, with an operator, property or creates a navigational hazard. Every such buoy shall $25 for three calendar years. be colored white and shall be encircled by a visible blue band at (c) For each watercraft 19 feet in length or under, measured least three inches wide. Mooring buoys must have a minimum total ' from transam top to point of the bow, $5 for three calendar years; of 16 square inches of white reflectorization, part of which must for each watercraft over 19 feet, measured from transom top be visible from any direction. Mooring buoys, if lighted, shall show to point of the bow, $10 £or three calendar years. a flashing white light. (d) Dealer's license $15 for three calendar years, regardless (e) Regulatory and Informational Signs. ~ oF the number of watercraft owned by such dealer. (1) No regulatory or informationa] signs may be placed in or (e) Duplicate licenses or transfer of a license may be obtained upon the waters of the state except by public authority or under at a cost of $2. a permit issued by the sheriff of the county. All such signs shall Subd. 5. Disposition of receipts. All money received by the com- be colored white except as hereinafter provided. missioner shall be deposited with the state treasurer and shall (2) Every sign giving information for the convenience of water- be expended only as may be authorized by law for administration craft operators shall bear a two-inch wide orange-colored band and enforcement of Chapter 361, inspection of watercraft, and forming an upright rectangle measuring at least 14 inches in acquisition and development of sites for public access to the waters height and width, outside dimensions. of this state. (3) Signs indicating danger to watercraft shall bear an orange- Subd. 6. Expiration, renewal; new licenses. Licenses issued colored band o£two-inch width forming an upright diamond at least hereunder shall expire on DeCember 31 of the year of expiration 14 inches in outside width, and such signs shall bear a printed and may be renewed in the manner provided for original issuance. statement of the source of danger. No new license shall be issued for any watercraft which has pre- (4) Signs indicating controlled water areas in which boating, viously been licensed under Chapter 361 except in accordance with fishing, water skiing, skin diving, or other water activities are this section, unless notice of abandonment of such watercraft shall restricted, limited or otherwise subjected to special rules or regula- have been given as hereinafter required at least one year prior tions shall bear a two-inch wide band forming a circle at least to the date of application for such new license or unless the applica- 24 inches in outside diameter. The limitation, restriction, prohibi- tion is accompanied by satisfactory proof that the watercraft has tion or regulation effective within a controlled area shall be printed been continually outside this state at least one year prior to such inside of the orange-colored circle. Signs designating State Game 0 date. Any holder of a license shall notify the commissioner in writ- Refuges or spawning areas shall not be subject to the provisions ing within 30 days if his address no longer conforms to the address of this order. appearing on his license, upon such form as the commissioner shall (5) Signs directing all watercraft to keep out of a specific water prescribe. area shall bear a two-inch orange-colored band forming an upright Subd. 7. Loss or destruction, duplicate liCense. Upon receipt diamond at least 14 inches in outside width, dissected vertically ~ of affidavit of loss or destruction of a license issued hereunder, and horizontally by an orange-colored strip two inches wide. Signs together with the duplicate license £ee, the commissioner shall designating State Game Refuges or spawning areas shall not be issue a duplicate license, subject to the provisions of this order. Subd. 8. Transfer of ownership, destruction or abandonment (6) Signs indicating winter ice dangers to persons, motor vehi- of watercraft. Within 15 days after the transfer of ownership, ar cles, snowmobiles, all-terrain vehicles, ice boats, or any other con- any part thereof, other than a security interest, or the destruction veyance used to transport persons over the ice on public waters or abandonment of any watercraft, written notice thereof shall be of the state shall bear a two-inch wide orange-colored band forming given to the commissioner in such form as he shall prescribe. Every an upright diamond at least 14 inches in outside width and such owner or part owner of a watercraft to whom ownership is trans- signs shall bear a printed statement of the source of danger. ferred shall, upon failure to give such notice, be subject to the 30 7 penalties imposed by Chapter 361. Failure to give such notice of sheriff of any county for the purposes hereinafter set forth shall transfer of ownership shall terminate the license without further have the form, size, lighting, reflectorization and coloration pre- action. Every notice of transfer of ownership shall also be accom- scribed therefor. panied by the duplicate license fee and, upon receipt thereof, the commissioner shall issue a duplicate license. (b) Channel Marker Buoys Subd. 9. Dealer'S license. Distinguishable licenses shall be (1) Every channel marker buoy shall have the external Form issued to any dealer, upon application and payment of the appro- of a flat-topped cylinder having a circular transverse cross-section priate fees as provided in Subdivisions 2 and 3, and any watercraft not less than 9 inches and not more than 15 inches in diameter. owned by the dealer, may, subject to all of the provisions of Sections All such markers must extend at least 36 inches above the water. 361.01 to 36128, be operated thereunder on the waters of this state (2) Where channel marker buoys are placed to indicate the loca- for demonstration purposes or any other purpose incident to the tion of a well-defined boating channel, an all black buoy and an usual and customary conduct of the business of manufacturing, all red buoy shall be placed in opposition to each other to indicate selling or trading of watercraft. the course of the channel is located between them. In flowing water, th Subd. 10. Watercraft owned by state or political subdivision. e red buoy shall be situated on the right side of the channel Distinguishable licenses shall be issued without the payment of ~'hen facing upstream. A green flashing light shall be used in con- junction with a black buoy if it is to be lighted. When reflectorization a fee for watercraft owned by the state of Minnesota or a political ~ is used with a black buoy, it shall be green in color and no less subdivision thereof upon application therefor. than a 4-inch wide strip shall completely surround the buoy and Subd. 11. Suspension Or revoCation of license. The commis- shall be located at the top of the buoy. Number designations shall sioner may suspend or revoke the license of any watercraft rented, be odd. A red flashing light shall be used in conjunction with a leased, or hired, or offered for rent, lease, or hire which does not red buoy if it is to be lighted. When reflectorization is used with comply with the standards of safety for such watercraft which the a red buoy, it shall be red in color and no less than a 4-inch wide commissioner shall prescribe, or for which the owner thereof fails strip shall completely surround the buoy and shall be located at to keep a record of the name and address of the person renting, the top of the buoy. Number designations shall be even. leasing, or hiring such watercraft, the identification number (3) To indicate a watercraft should pass to south or west, where thereof, the date and time the person takes possession, and the there is no well-defined channel, a buoy shall have the top surface expected time of return thereof. Such record shall be preserved and upper 5 inches colored red and the remainder colored white. for at ]east six months. i If the buoy is reflectorized it shall be done with a white strip, no Subd. 12. Exemptions. No license hereunder shall be required less than 4 inches in width, that completely encircles the buoy for the following described watercraft: and it shall be placed directly under the black top. A white quick- (a) Watercraft which is covered by a license or number in full flashing light shall be used if the buoy is lighted. force and effect pursuant to federallaw or a£ederally-approved (4) To indicate a watercraft should pass to the north or east, licensing or numbering system of another state, and which has where there is no well-defined channel, a buoy shall have the top not been within this state for more than 90 consecutive days, surface and the upper 5 inches colored black and the remainder the aforesaid 90 consecutive days shall not include days in which colored white. If the buoy is reflectorized, it shall be done with a watercraft is laid up at dock over winter or for repairs at any ~ a white strip no less than 4 inches in width that completely encir- Lake Superior port, or any other Minnesota port. cles the buoy and it shall be placed directly under the black top. (b) Watercraft from a country other than the United States A white quick-flashing light shall be used if the buoy is lighted. which have not been within this state for more than 90 consecu- (C) Other Navigational Buoys. A buoy indicating that a water- tive days, the aforesaid 90 consecutive days shall not include " craft should not pass between it and the nearest shore shall have days in which a watercraft is laid up at dock over winter or a flat top and shall have a square transverse cross section measur- for repairs at any Lake Superior port, or any other Minnesota ing not less than 9 inches nor more than 15 inches on a side and gort. shall extend at least 36 inches above the surface of the water. (c) Watercraft owned by the United States, a state, or a politi- Each such buoy shall have a white top surface and a white vertical J cal subdivision thereof. stripe on each side extending medially from top to bottom o£ a (d) Ship's lifeboat. width equal to one-half the width of each side. The remainder shall (e) Watercraft which has a valid marine document issued by be colored red. White reflectorization may be used on a minimum the bureau of customs of the United States government or any of the upper four inches of the white vertical stripe. Red reflectori- federal agency successor thereto. zation may be used on a minimum of the upper four inches of 8 29 (6) Inland Rules Light Requirements for Classes 2 and 3: Subd. 13. Licensing by political subdivisions. No political sub- Separate 10-point red and green side lights showing from dead division of this state shall require licensing of watercraft covered ahead to 2 points abaft the beam and visible at a distance of at by Sections 361.01 to 361.28. least one mile. A 20-point while light as near the stem as possible showing 10 361.041 WATERCRAFT SAFETY PROGRAM; points on each side and visible at a distance of at least two miles. OPERATORS PERMITS. A 32-point bright white light aft to show all around the horizon, Subd. 1. Safety prOgram. The commissioner shall continue and visible at a distance of atleast two miles and located higher than expand his comprehensive boatsafety and education program and, the 20-point white light forward. in connection with the program, shall issue operators permits as When at anchor, a 32-point white light, visible at a distance required by this section. The commissioner shall cooperate with of at least one mile all around the horizon. boatmen, governmental subdivisions, state agencies, other states, (7) All watercraft over 65 feet in length must display the lights and the federal government in the operation of the program. The required by the Inland Rules Light Requirements found in NR commissioner shall issue a watercraft operators permit to a person 202 (c) (5) and (6). who successfully qualifies for a permit under the boat safety (8) All non-motorized canoes, kayaks, sailboats and rowboats, education program. when under way or anchored, between sunset and sunrise, shall ~ Subd. 2. Operator's Permit. Except as provided in this sub- carry aboard but not necessarily fixed to any part of the watercraft division, no person 13 years of age or over but less than 18 years a lantern or flashlight capable of showing a white light visible of age may operate a motorboat powered by a motor over 24 horse- all around the horizon at a distance of two miles or more, in power without possessing a valid watercraft operator's permit, sufficient time to avoid collision with another watercraft. Such unless there is a person 18 years of age or over in the motor boat. light or lantern shall be displayed. The operator's permit required by this subdivision is not required of a non-resident who operates a motorboat for less than 31 consecu- Nii - 203 - CAPACITY PLATE tive days in a calendar year. The commissioner shall establish an INFORMATION REQUIREMENTS educational course and a testing program for watercraft operators (a) Information Required. The manufacturer's capacity plate and for persons 13 years of age or over but less than 18 years required by law shall contain the following in£ormation: of age required to take the watercraft safety course. The commis- (1) Safe maximum horsepower. sioner shall issue a watercraft operator's permit to a person 13 (2) Maximum number of persons at 150 pounds per person. years of age or over but less than 18 years of age who successfully (3) Properly located maximum weight in pounds of persons, completes the educational program and the written test which the motor and gear. commissioner shall prescribe. (b) Formula for Determining Maximum Weight. The formula for Subd. 3. Unlawful for owners to permit certain uses of water- determining the maximum weight for watercraft manufactured for Craft. It is unlawful for the owner of a watercraft to permit the sale in Minnesota, 19 feet and under, except canoes, kayaks, and watercraft to be operated contrary to the provisions of this section. sailboats, shall be the recommended practices for watercraft load [Effective date: This section is effective January 1, 1975. capacity Project H-5 (adopted) or Project H-5a (proposed) contained ~ However, before the effective date the commissioner may establish in the American Boat and Yacht Council Incorporated publication the testing program for watercraft operators and may issue water- "Safety Standards for Small Craft 1971-72". craft operators permits.] (c) Formula for Determining Maximum Horsepower. The for- mula for determining the maximum horsepower for watercraft 361.05. OPERATION GENERALLY. manufactured for sale in Minnesota, 19 feet and under, shall be It is unlawful to operate or permit the operation of a watercraft the "Recommended Practices and Standards Covering Safe Power- or to use any device relating to the use of the watercraft in the ing of Small Craft" Project P-11 (proposed) contained in the Ameri- following ways: can Boat and Yacht Council, Incorporated, publication "Safety (1) In a careless or heedless manner in disregard of the rights Standards for Small Craft 1971-72". or safety of others; (2) In a reckless or groasly negligent manner, so as to cause NR 204 - WATERWAY MARKERS. personal injury to another or damage to the property of another; (a) Generally. Except as hereinafter provided, or as otherwise (3) Upon the waters of this state without the equipment provided by law, all waterway markers placed in or upon the waters required by Minnesota Statutes, Sections 361.01 to 361.29, and of the state by public authority or under a permit issued by the the rules and regulations promulgated pursuant thereto; 28 9 (4) A watercraft which is loaded with passengers or cargo Aft- To the rear of the midlength measured from end to end beyond its safe carrying capacity, or which is equipped with any of the hull over the deck excluding sheer. motor or other propulsion machinery beyond its safe power Combined L¢ntern - A single fixture showing green to starboard capacity. and red to port from dead ahead to two points abaft the beam 361.055. AGE OF OPERATORS on their respective sides. Except in case of an emergency no person under the age of 13 Forw¢rd - Forward of the midlength measured from end to end years shall operate or be permitted to operate any watercraft pro- of the hull over the deck excluding sheer. pelled by a motor with a factory rating of more than 24 horsepower Higher than or Lower than - A higher level or lower level, unless there is present in the watercraft in addition to the operator respectively, than another light under any normal conditions of at least one person of the age o£ 15 years or over. trim under way or stopped in smooth water. Note: Pursuant to Lawa 1973, Chapter 310, Sections 2 and 4, Point - One point of the compass (11'/a degrees) when specifying on and after January l, 1975, Section 361.055 will read as follows: the arc of visibility of a light. 361.055. AGE OF OPERATOR Side Lights - Separate fixtures, the one on the starboard side Except in case of an emergency no person under the age of 13 showing green and the one on the port side showing red from dead years shall operate or be permitted to operate any watercraft pro- ahead to two points abaft the beam on their respective sides. y At the Stem and at the Stern - As nearly as practicable at the pelled by a motor with a factory rating of more than 24 horsepower stem and at the stern, respectively. unless there is present in the watercraft in addition to the operator, Visible - When applied to lights, means visible on a dark night his parent or legal guardian, or at least one person of the age of 18 years or over. with clear atmosphere. The prescribed visibility means minimum visibility, and does not restrict greater distance o£ visibility, pro- 361.07. OBSTRUCTION OF NAVIGATION: ADVERTISING: vided that the navigation lights are primarily intended for naviga- BUOYS tion purposes and will not be confused with other lights. No person shall operate any watercraft in a manner which shall (4) International Rules Light Requirements for motorized water- obstruct or tend to obstruct the normal and ordinary navigation craft: of the waters of this state. No person shall use any fixed or anchored Separate 10-point red (port or left) and green (starboard or right) structure on the waters of this state, not a part of a dock or pier side lights showing from dead ahead to 2 points abaft the beam, which extends from the shore, for advertising purposes. No person or a 20-point combination of red-green light showing red from shall moor, attach or hold in any manner a watercraft to any buoy,' ahead to 2 points abaft the port beam and green from ahead to other than a mooring buoy, or any other marking device or guide 2 points abaft the starboard beam. The red and green lights shall placed in the waters of this state pursuant to lawful authority. be visible at a distance of at least one mile. 361.08. SWIMMING OR BATHING AREAS. A 20-point white light forward, showing 10 points on each side, placed at least 3 feet above the red-green lights and visible at No person shall operate a watercraft within a water area which a distance of at least three miles. On vessels 40 feet to less than has been marked off or set aside as a swimming or bathing area 65 feet long the 20-point white light must also be as least 9 feet as prescribed by the wmmissioner's regulations. above the gunwa]e. 361.09. TOWING PERSON ON WATER SKIS OR ~ A 12-point white light aft, showing 6 points on each side and OTHER DEVICE. visible at a distance of at least two miles. Motor-powered water- Subd. 1. No person shall operate a watercra£t on any waters craft of Class A or 1 may carry this light off the center line. of this state, towing a person on water skis, aquaplane, surfboard, When at anchor, a 32-point white light, visible at a distance saucer, or similar device, unless there is in such watercraft another ~ of at least one mile all around the horizon. person in addition to the operator in a position to continually (5) Inland Rules Light Requirements for Classes A and 1: observe the person being towed or instead of such observer, the A 20-point combination red-green bow light as described in Sub- boat"is equipped with either a curved rear view mirror placed so division (4). that the operator may continually observe the person being towed, A 32-point bright white light aft to show all around the horizon or a safety warning device approved by the commissioner. located above the red-green combination lights and visible at a Subd. 2. No person shall be towed, or shall operate a watercraft distance of at least two miles. towing a person on water skis, aqua-plant, surfboard, saucer, or The 32-point white light aft may be located off center line. other device on any waters of this state at any time £rom one hour When at anchor, a 32-point white light, visible at a distance and a half after sunset to sunrise of the day following. of at least one mile all around the horizon. 10 27 (5) All motor-powered watercraft 40 feet to not more than 65 361.10. CAPACITY OF WATERCRAFT. feet in length must have at least three B-I type U.S. Coast Guard Subd. 1. Capacity plate required. Every watercraft manufac- approved fire extinguishers; or at least one B-I type plus one B-II tured for sale in Minnesota after January i, 1972, except canoes, type approved hand portable fire extinguisher on board. These fire sailboats, and those exceeding 19 feet in length shall have affixed extinguishers must be fully charged, in good working condition permanently thereto by the manufacturer a capacity plate which and readily accessible. shall contain such information as shall be prescribed by the com- (6) All motor-powered watercraft over 65 feet in length must missioner. For purposes of this section "manufacture" means to have at least three B-II type U.S. Coast Guard approved fire ex- construct or assemble a watercraft or alter a watercraft in such a tinguishers on board. These fire extinguishers must be fully manner as to change its weight and carrying capacity. charged, in good working condition and readily accessible. Subd. 2. Warranty. The information appearing on a capacity (d) Ventilation Equipment. plate shall be deemed to warrant that the manufacturer, or the per- (1) All motor-powered watercraFt, except open watercraft on son affixing the capacity plate in accordance with specifications which construction or decking-over is commenced after January Prescribed by the commissioner, as the case may be, has correctly ° F. or and faithfully employed the method and formula for the calculation 1, 1972, and which use fuel having a flash point of 110 of less, shall have at least two ventilator ducts, filled with cowls or maximum weight capacity prescribed by the commissioner and that the information appearing on the capacity plate with respect their equivalent, £or the efficient removal of explosive or flammable to maximum weight capacity and rewmmended number of persons gases from the bilges of every engine and fuel tank compartment. is the result of the applicatien of such method and formula, and There shall be at least one exhaust duct installed so as to extend with respect to information concerning horsepower limitations that from the open atmosphere to the lower portion oF the bilge and such information is not a deliberate or negligent misrepresen- at least one intake duct installed so as to extend to a point at tation. least midway to the bilge or at least below the level of thz car- Subd. 3. Violation. Failure to comply with the provisions of this buretor air intake. The cowls shall be located and trimmed for Section shall constitute a separate violation for each watercraft maximum effectiveness so as to prevent displaced fumes from being with respect to which such failure occurs. recirculated. (2) As used in this section, the term "open watercraft" means 361.11. RIDING ON GUNWALES OR DECKING. those motor-powered watercraft with all engine and fuel tank com- No person shall ride or sit on the starboard or port gunwales, partments, and other spaces to which explosive or flammable gases the decking over the bow, or transom of any motorboat while and vapors from these compartments may flow, open to the underway, unless such boat is provided with adequate guards or atmosphere and so arranged as to prevent the entrapment of such railing to prevent passengers from falling overboard, and no per- gases and vapors within the water craft. son shall operate such a motorboat while any person is so riding or (3) Alterations necessary to make existing motor-powered sitting. watercraft comply with these requirements shall be accomplished 361.12. LIQUOR, DRUGS, PHYSICAL OR MENTAL as soon as practicable but in any case shall be completed by July DISABILITY. 1, 1972. . No person shall operate or be in actual physical wntrol of any (e) Lighting Equipment. watercraft while under the influence of intoxicating liquor or nar- (1) All motorized watercraft will be classified for lighting cotic or habit-forming drugs. No owner or other person havin requirements in the following manner: charge or control of any watercraft shall knowingly authorize or Class A- Under 16 feet in length. permit any person who is under the influence of intoxicating liq- Cl¢ss 1- 16 feet to less than 26 feet. uor, narcotic or habit-forming drugs to operate such watercraft. Class 2- 26 feet to less than 40 feet. No owner or other persan having charge or control of any water- Class 3- 40 feet to 65 feet. craft shall knowingly authorize or permit any person who by (2) All motorized watercraft must display the correct lights for reason of any physical or mental disability is incapable of operat- their class from sunset to sunrise when underway or at anchor. ing such watercraft, to operate such watercraft. The system of lighting may be chosen from either the Interna- 361.13. STOPPING AT SCENE OF ACCIDENT OR tional Rules Light Requirements found in Subdivision 4, or the INCIDENT; REPORTS; LIABILITY. Inland Rules Light Requirements found in Subdivisions 5 and 6. Subd. 1. The operator of any watercraft involved in an accident (3) Definitions. The following terms are defined for the purpose or incident resulting in injury or death to any person or in damage of these rules and regulations. to property shall, if he can do so without serious danger to the 26 11 watercraft he is operating or the persons aboard, immediately stop the watercraft being passed or its occupants. No person operating at the scene of the accident or incident and render such assistance a watercraft shall abruptly change its course without first deter- as may be practicable and necessary and shall give his name, mining that it can be safely done without risk of collision. address, and license number of the watercraft he is operating and (2) When watercraft are approaching each other head on, or the name and address of the owner thereof to the person injured nearly so, each shall turn to the right a sufficient distance so that or the operator or occupants of the other watercraft or owner or they will safely pass. When the course of an approaching craft occupant of the property involved, and shall promptly report the is so far to the right as not to be considered as meeting head on, accident or incident to the sheriff of the county in which the acci- each shall maintain its course and pass clear. dent or incident occurred. Sheriffs are required to report all acci- (3) When watercraft are crossing courses, or approaching each dents and incidents to the commissioner of natural resources, who other obliquely or at right angles, so as to involve risk of collision, shall transmit statistics on boating accidents and incidents to the the craft which has the other on its own right shall yield right- secretary of the treasury. of-way. Subd. 2. The owner and operator of any watercraft shall be (4) A sailboat has right-of-way over a motor-powered watercraft jointly and severally liable for any injury or damage occasioned except when it is the overtaking watercraft. Small sailboats should by the negligent operation of such watercraft whether such negli- not insist on this right-of-way when approaching large commercial gence consists of a violation of the provisions of the statutes of this e vessels. Wate,rcraft propelled by oars or paddles shall also be given state, or neglecting to observe such ordinary care in such operation right-of-way by motor-powered watercraft. Motor-powered water- as the rules of common law require. The owner shall not be liable craft should always keep clear and pass astern of such watercraft. if such watercraft is being operated without his express or implied (b) General Mod6 of Operation of Watercraft. consent. It is presumed that such operation is with the knowledge (1) No person shall operate a watercraft in such a manner that and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, its wash or wake will endanger, harass or unnecessarily interfere sister, son, daughter or other member of the owner's immediate with any other person or property. family. Nothing contained in this Subdivision shall be construed (Z) No person shall operate a watercraft in any manner as to to relieve any other person from any liability which he would other- intentionally obstruct or interfere with the take-off, ]anding, or wise have, nor shall anything contained in this subdivision be con- taxiing of any aircraft. strued to authorize or permit any recovery in excess of the injury (3) No person shall operate a watercraft within 150 feet of a or damage actually incurred. diver's warning flag (described in NR 206 (a) (6) ( 361.141. SAFETY EQUIPMENT. c) Safety Equipment. Subd. 1. Livesaving devices. Every person on board a water- (1) Every person on board a non-motorized canoe or kayak shall craft, except a non-motorized canoe or kayak, shall wear or have K'ear or have readily accessible to him on board the non-motorized readily accessible to him on board the watercraftfor his personal canoe or kayak for his personal use a U.S. Coast Guazd approved lifesavin device of the sort a lifesaving device. A lifesaving device of the vest type with no less use a g pproved by the U.S. Coast than 150 permanently inflated air sacs of 12 mil vinyl construction Guard. The commissioner may prescribe by regulation lifesaving and capable of supporting a minimum weight of 13 pounds may devices approved by the U.S. Coast Guard, or other lifesaving ' be substituted for a U.S. Coast Guard approved lifesaving device. devices, to be worn or carried on board canoes or kayaks. All such (2) All motor-powered watercraft 26 feet or more in overall devices shall be in good and serviceable condition. len th shall be e ui ed with one hand or Subd. 2. Responsibility for required equipment. The owner of g q pP power-operated horn a business which rents, leases, or hires out watercraft shall provide . or whistle audible at least one mile. a lifesaving device required by this section for each person on board ~3) All motor-powered watercra£t less than 26 feet in length with the watercraft. construction permitting the entrapment of explosive or flammable gases or vapors must have at least one B-1 type hand portable 361.15. LIGHTS U.S. Coast Guard approved fire extinguisher fully charged and in Subd. 1. Each watercraft using the waters of this state, when good operating condition on board and readily accessible. underway or in use at any time between sunset and sunrise, shall (4) All motor-powered watercraft 26 feet to less than 40 feet carry and display the lights specified in the Section or by the com- in length must have at least two B-I U.S. Coast Guard approved missioner for such watercraft. "Visible", as used in this Section, hand portable fire extinguishers, or at least one B-II type U.S. means visible on a dark night with clear atmosphere. Coast Guard approved hand portable fire extinguisher on board Subd. 2. Every watercraft under 26 feet when underway, shall in good condition, fully charged and readily accessible. 12 25 in depth at the staff and one foot in length. The pennant shall carry on board from sunset to sunrise but not necessarily fixed be of a blue background and bear a three (3) inch replica of the to any part of the boat a lantern or flashlight capable of showing Minnesota State Seal. a white light visible all around the horizon at a distance of two (k) Determining length of watercraft. For the purpose of deter- miles or more and shall display such lantern or flashlight in suf- mining the license fee, the overall length of the watercraft shall ficient time to avoid collision with another boat. The commissioner be measured from transom top to point of the bow. may further prescribe watercraft classifications and lighting sys- NR 201 - RENTAL OF WATERCRAFT. tems, if needed to be in substantial compliance with federal law. (a) Condition and equipment of rented watercratt. Lights required under this system shall be displayed by watercraft o£ each class. (1) No watercraft which is in a broken, rotten or otherwise hazardous condition shall be rented or offered for rent. No water- 361.16. HORN OR WHISTLE; SIREN. craft shall be rented or offered for rent unless all oars, oarlocks, Subd. 1. Motorboats 16 feet or more in overall length shall carry and paddles rented or made available for use with the watercra£t, a power, hand or mouth operated horn or whistle capable of produc- are free of cracks, splits and breaks. ing a sound for at least two seconds and audible for at least one-half (2) No watercraft shall be rented or offered for rent unless its mile. The operator oF such motorboats shall, only when reasonably rear transoms are strongly constructed and capable o£ standing necessary to ensure safe operation, sound such horn or whistle. the strains imposed by fully reversing the motars attached or to ~ Each watercraft 26 feet or more in overall length using the waters be attached. of this state shall carry such a horn or whistle as prescribed by (3) No metal or fiberglass watercraft shall be rented or offered the commissioner. for rent unless it is equipped with air chambers or other buoyancy Subd. 2. No siren shall be carried or used on any watercraft devices and is capable of sustaining complete buoyancy for capacity other than patrol watercraft. Any siren cazried or used in violation load in the event the craft is capsized. of this subdivision may be removed and seized by the sherif£ and (4) No watercraft shall be rented or offered for rent unless it shall thereupon become the property of the county in which seized is free of spilled gasoline and oil. and may be used or disposed of as the county board may determine. (5) No watercraft which has been rented shall be permitted to depart from the premises at which it was rented if it is loaded 361.17. MUFFLER. beyond its safe carrying capacity or powered beyond its safe power No motor shall be used on any watercraft unless it is equipped capacity. with an efficient muffler, underwater exhaust or other device which (6) No other number, letter, design or insignia shall be displayed at all times adequately muffles or suppresses the sound of the ex- on either side of any such watercraft which is closer than 24 inches haust of the motor so as to prevent excessive or unusual noise, and to any part of the watercraft license number or validation decal. no motor shall be equipped with any cut-out. (7) No watercraft shall be rented or offered for rent unless it 361.18. DEVICE FOR ARRESTING BACKFIRE. is equipped with a pair of oars and oarlocks, or with a paddle, No motor other than a detachable outboard motor shall be used or with a pole, in serviceable condition. on any watercraft unless each carburetor is fitted with a U.S. Coast (8) The owner of a business which rents, leases, or hires out Guard approved device for arresting backfire. watercraft shall provide for each person on board the watercraft ' 361.19. FIRE EXTINGUISHER AND VENTILATION. a lifesaving device required by law or these rules. Subd. 1. Inboard motorboats, houseboats, and other motorboats (b) Persons to whom waterCraft may be rented. No watercraft shall be knowingly rented or offered for rent to any person who carrying or using fuel or other inflammable or toxic fluid in any is under the influence of an alcoholic beverage, narwtic or habit- il enclosure of the boat shall be provided with such number, size, forming drug. and type of fire extinguishers as may be approved by the commis- sioner. Fire extinguishers approved by the commissioner shall com- NR 202 - NAVIGATION OF WATERCRAFT ON THE ply with requirements of the U.S. Coast Guard. Such extinguisher WATERS OF THE STATE; SAFETY EQUIPMENT. shall be at all times kept in condition for immediate and effective (a) General Rules of the Road. use and shall be so placed as to be readily accessible. (1) When watercraft are running in the same direction, the Subd. 2. Each watercraft described in Subdivision 1 shall be watercraft being overtaken has right-of-way and must hold wurse provided with such means for properly and efficiently ventilating and speed. The watercraft which is astern shall pass only when the bilges of the engine and fuel tank compartments as prescribed there is sufficient distance so the maneuver can be done safely by the commissioner so as to remove any explosive or flammable and only at such speed that its wash or wake will not endanger gases. 24 13 3e1.20. Race oR orHeR coMPeTiTioN License Decal Placement Instructions OR EXHIBITION Non-Motori2ed Canoes, Kayaks, Sailboats No person shall hold or sponsor any scheduled or public race, regatta, tournament or other competition or exhibition, or any trial therefor, on water or ice thereon, whether or not involving water- craft, without first having obtained a written permit therefor from the sheriff of the county in which such event is to originate. The sheriff, in such permit, may exempt watercraft from any of the provisions of Chapter 361 relating to the operation and equipment BOTH SIDES of watercraft while participating in the event authorized. If the sheriff refuses such permit, the person applying therefor may BOV{I appeal such refusal to the commissioner. 361.21. HAZARDS TO NAVIGATION; REMOVAL OF BUOYS OR STRUCTURES. Subd. 1. The commissioner may require that a written permit be obtained for the placement of any structure or device which, ~ in his opinion,constitutes a hazard to navigation. Subd. 2. Except as authorized by the,commissioner, no person shall obstruct, remove, damage or destroy any buoy or structure placed in the waters of this state in accordance with Sections 361.01 to 361.28 or by authority ofthe United States. Subd. 3. No person shall place buoys or other waterway markers unless the markers conform with the uniform marking system established by the commissioner. 361.215. ENFORCEMENT AUTHORITY. Any sheriff or conservation officer may stop and detain for a reasonable time any motorboat observed to have committed a viola- ~ tion of Minnesota Statutes, and is empowered to issue a summons and complaint for violations of Chapter 361 in the same manner as for violations of game and fish laws. All watercraft used in the When design of sailboat enforcement of this Section shall be duly marked through the flying makes placement of liCense of a pennant of such size and marking as shall be prescribed by deCals on bow impossible, the commissioner. the license decals may be 361.22. PENALTIES FOR VIOLATIONS. placed on stern. Subd. 1. Any person who shall violate any provision of Sections ~ 361.01 to 361.28, or any regulation of the commissioner promul- BOTH gated pursuant to Sections 361.01 to 361.28, or who shall operate S I D E S any watercraft which does not conform to the provisions of Sections 361.01 to 36128, shall unless a different penalty is specifically ~ BOW prescribed, be guilty of a misdemeanor. Subd. 2. In addition to any other penalties authorized by Sections 361A1 to 361.28, any operator may, in the discretion of the court, upon conviction for a violation of any provision or regulation relat- NOTE! All canoes, kayaks and sailboats being powered ing to the manner of operation of a watercraft, be prohibited from by motors must display the license numbor which appears operating a watercraft for a period of not more than 90 days. Upon on the license decal provided by the Department of Na- a second conviction for any such violation within a period of one tural Resources. This license number (preceded by the year, the court shall prohibit the operator from operating a water- letters MN) must be plaeed on watercraft as illustrated craft for 90 days. on Page 21. 14 23 Note: Pursuant to Laws 1973, Chapter 310, Sections 3 and 4, ATTENTION! Motorized canoes, kayaks and sailboats on and after January 1, 1975, Subdivision 2 will read as follows: must be marked the same as conventional watercraft. See Subd. 2. An operator 13 years of age or older but less than 18 in3truCtionS on bottom of Page 23, and illustration on Page years of age, adjudicated by a juvenile court as having violated 21. sections 361.05, or 361.12, or 361.13 shall have his operator's per- mit revoked by the commissioner. The commissioner shall issue a new permit to the operator one year after the revocation upon side of the forward half of the watercraft for which the decal was suceessful completion by the operator of a watercraft safety course. issued, in such a position as to provide clear and legible identifi- The judge of a juvenile court, which adjudicates an operator of cation. violating any o£ the laws or regulations listed above, shal] require (e) Marking of non-motorized sailbodts. All non-motoriaed sail- the surrender of the person's watercra£t operator's permit and shall boats shall display the decals furnished by the Department of . forward the operator's permit to the commissioner, together with Natural Resources for such watercraft. These decals shall be se- a record of the adjudication. curely affixed on each side of the forward half of the watercraft Subd. 3. Any operator who shalt operate a watercraft when such for which it was issued, in such a position as to provide clear and operation is prohibited pursuant to Subdivision 2, shall be guilty legible identification. If it is impossible to diplay such decals on ~ of a misdemeanor. the forward half of such watercraft so as to provide clear and legible 361.23. VIOLATION AS EVIDENCE. identification both decals must then be affixed to the stern of such In all civil actions a violation of any of the provisions of Sections watercraft. 361.05 through 361.20, inclusive, by any o£the parties thereto shall (f) Expired Validation Decal. All expired or otherwise invalid not be negligence per se but shall be prima £acie evidence of neg- state validation decals shall be removed from the watercraft for ligence. No record of the conviction of any person for any violation which they were issued or completely covered by placement of the of Sections 361.01 to 36128 shall be admissible as evidence in current decal so that only the current deca] is visible. any court in any civil action. (g) Other insignia. No person shall operate any watercraft, except a non-motorized canoe, kayak, or sailboat, which has any 361.24. DUTIES OF SHERIFFS, CONSERVATION number, letter, design or insignia displayed on either side thereof OFFICERS, AND COUNTY BOARDS. which is closer than 24 inches to any part of the watercraft license Subd. 1. It shall be the duty of the sheriff of each county and number or validation decal. conservation officers of the department o£ natural resources to (h) Dealer license numbers. The last two characters of all enforce the provisions of Chapter 361. It shall be the duty of the dealers' license numbers shall be the letters DD. No other license sheriff of each county to maintain a program of search, rescue, number shall include both such letters. Dealers' license numbers posting and patrol, and inspection of watercraft for rent, lease, shall be displayed in accordance with NR 200, Section (c), except or hire. He shall prohibit the use of any watercraft for rent, lease, that such numbers may be so affixed as to be readily detachable or hire which does not comply with the standards of safety for and must be attached to any watercraft owned by the dealer when such watercraft which the commissioner shall prescribe. He shall such watercraft is being used for demonstration purposes or any y investigate all watercraft accidents and drownings and report his other purpose incident to the usual and customary conduct of the findings to the commissioner in such form as the commissioner business of manu£acturing, selling or trading of watercraft. A shall prescribe. The county board may authorize the employment dealer may use as many detachable sets of numbers as is necessary of such additional personnel as it deems necessary to carry out in the conduct of his business. the provisions of this Section. (i) State license numbers. The last two characters of all license + Subd. 2. On or before September 1 of each even numbered year, numbers issued for watercraft owned by the State of Minnesota the county board of each county shall submit to the commissioner or a political subdivision thereof shall be the letters XX. No other its proposed budget to carry out the provisions of Sections 361.01 license number shall include both such letters. Application for such to 361.28 during the biennium beginning on the following July licenses shall be made directly to the Commissioner of Natural 1. The commissioner shall review such proposed budgets and incor- Resources. porate into the budget for the department of natural resources such (j) Enforcement Pennant. All watercraft used in the en£orce- parts thereof as he deems necessary and equitable for each county, ment of these rules and regulations and the laws under which they the total of which shall not exceed 75 per cent of the anticipated are promulgated shall be marked by the flying of a pennant trian- receipts from the sale of watercraft licenses during such biennium. gular in shape and of the following dimensions: Four (4) inches The amount appropriated for each county shall be paid to such 22 15 county and a separate accounting kept thereof. The commissioner may require each county to make such reports as to the expenditure of such funds as he deems necessary. 361.25. REGULATIONS. The commissioner shall adopt, in the manner provided in sections 15.0411 to 15.0422, and shall publish in the manner prescribed r ~ in section 97.53, subdivision 2, regulations relating to the applica- tion for, and £orm and numbering of watercraft licenses and the q,c C y ~ ~ size, form, reflectorized material and display of watercraft license o a°'i .iy numbers which shall comply with the requirements of the federal m o~ ca watercraft numbering system, placement and regulation of docks, ou „ piers, buoys, mooring or marking devices and other structures in p.a the waters of this state, rules of the road for watercraft navigation and standards for equipment used in the towing of persons on water V skis, aqua planes, surfboards, saucers, and other devices, standards ~ y ~ for lights, signals, fire extinguishers, bilge ventilation, and lifesav- ing equipment, standards oF safe load and power capacity, aceounting, procedural and reporting requirements for county cc ° w~ w sheriff, designation of and swimming or bathing areas, standards y El of safety for watercraft offered for rent, lease, or hire; and in i accordance with section 36126, subdivision 2(c), the commissioner 4) 3 ' Q ro shall by no later than January 1, 1975, adopt rules and regulations relatin g to the use of surface waters of this st at e b y w a t e r c r a ft including but not limited to (1) standards and criteria for resolving Z ;3 con flicts in the use of water surfaces by watercra£t, (2) procedures for dealing with problems involving more than one local govern- ~ y m ~y mental unit, (3) procedurea for local enforcement and (4) proce- ~4)+, dures for carrying out the provisions of section 361.26, subdivision d 2; and such other regulations as he deems necessary to carry out J the provisions of chapter 361. m 361.26. APPLICATION OF STATE LAW; LOCAL REGU- Q' ,a ;:j a.d LATIONS; SURFACE USE REGULATIONS OF a ~y ° F~ b o THE COMMISSIONER. 0 q T ro`n ~ Subd. 1. The provisions of chapter 361, and o£ other applicable laws of this state shall govern the operation, equipment, number- ing and all other matters relating thereto whenever any vessel = = 1 y 0 shall be operated on the waters of this state, or when any activity o~ A regulated by chapter 361 shall take place thereon. Nothing in chap- ter 361 shall be construed as limiting the authority oF any political Cd ro subdivision of this state to adopt regulations, not inconsistent with o chapter 361 and the regulations of the commissioner, relating to ZJ the use of waters of this state which are wholly or partly within the territorial boundaries of a county, or entirely within the bound- aries of a city, village, or borough. A city of the first class of over 200,000 or the park board thereof, may forbid the use of motorboats or boats with motors attached thereto on its lakes. Subd. ta. On or before January 1, 1975, the commissioner shall 16 21 STATE OF MINNESOTA develop and publish guidelines to assist counties when adopting DEPARTMENT OF NATURAL RESOURCES water surface ordinances for waters within their jurisdiction. Boat and Water Safety Rules and Regulations Subd. 2. (a) Upon request of a county, city, village, borough, 1973 - 1974 or town, the commissioner may, if he determines it to be in the public interest, establish regulations relating to the use of water- craft on waters of this state which border upon or are within, in NR 200 - LICENSING OF WATERCRAFT. whole or in part, the territorial boundaries of the governmental (a) Application for License. Application for watercraft license unit. shall be made to the Commissioner of Natural Resources or his (b) Such regulations shall be established in the manner provided authorized agents on a form he shall provide. A watercraft ]icense by Minnesota Statutes 1969, Section 15.0411 to 15.0422, but shall number and certificate shall be issued by the Commissioner upon I not be submitted to the attorney general nor filed with the aecretary receipt of the fee prescribed by law. of state until first approved by resolutions o£ the county boards (b) Display of License Certificate. No person shall operate or of a majority of the counties affected by the proposed regulations. uae a watercraft, except a non-motorized canoe, kayak, or sailboat, (c) Such regulations may restrict any or all of the following: required to be licensed unless the license certificate for such water- Z (l) the type and size of wa[emraf[ and size of mo[or which may use the craft is on board and available for inspection by authorized enforce- waters affected by the regulation, (2) the areas of water which may be ment officers. Owners of non-motorized canoes, kayaka, sailboats, used by watercraft, (3) speed of watercraR, (4) times permitted for use or rowing shells shall produce the license certificate for such water- o( watercraft, or (5) minimum distance be[ween wa[ereraf[. When es- craft within a reasonable time upon request of authorized enforce- [ablishing regula[ions the comm[ssioner shall consider the physical ment officers. The owner of rental watercraft may keep the license characteristics of the waters affected, their historical uses, shoreland uses certificate available for inspection on the premises from which the and classification, and any other features unique [o the waters aFfected watercraft is rented, provided that the owner's business name is by Ihe regulations. legibly printed on the rear half and on both sides of the watercraft (d) The commissioner shall inform the users of the waters of in the same size and manner as required for the license number the regulations affecting them at least two weeks before the ef£ec- in NR 200, Section (c). tive date of the regulations by distributing copies of the regulations (c) Display of License Number & Validation Decal on Motorized and by posting of the public accesses of the waters. However, failure Wetercraft. The license number, on all watercraft, except non- of the commissioner to comply with this paragraph shall not affect motorized canoes, kayaks, sailboats and rowing shells shall be se- the validity of the regulations or any conviction for violation of surely affixed on each side of the forward half of the watercraft the regulations. for which it was issued in such a position as to provide clear and (e) The wst of publishing regulations and or marking and post- legible identification. The letters and numerals must be of a color ing waters pursuant to this subdivision shall be paid by the that contrasts with the background and may be reflectorized decals counties affected by the regulations, as apportioned by the commis- or metal or may be painted. The letters and numerals shall read sioner. from left to right and shall not be less than 3 inches in height, (f) Regulations or ordinances relating to the use of waters of of block type, of a stroke not less than '/z inch or more than % ~ this state enacted by a local governmental unit before the efi"ective inch in width, not including a border. The license number shall date of this act shall continue in effect until repealed by the local be maintained so that it is clearly visible and legible, and the letter governmental unit or superseded by a regulation of the commis- groups must be separated from the numeral groups by a space sioner promulgated pursuant to this Subdivision. of not less than 3 inches nor more than 4 inches. Adjacent letters and numerals within each group must be spaced not less than 1/2 361.27. BOAT AND WATER SAFETY ACCOUNT; inch nor more than % inch apart. A state validation deca] for the FINES AND FORFEITED BAIL MONEY. current license period must be affixed toward the stern of the boat Subd. 1. All license fees received under Sections 361.01 to 36128 and not more than 4 inches from the first or last letter of the license shall be deposited in the state treasury and credited to the general number on each side of the boat. fund for the purpose of boat and water safety. Not exceeding 75 (d) Marking of non-motorized canoes, kayaks, and rowing per cent of such moneys may be paid to such counties and in such shells. All non-motorized canoes, kayaks, and rowing shells shall amount as the commissioner may determine and be used to defray display decals furnished by the Department of Natural Resources the expenses of enforcement of the previsions of Sections 361,01 for such watercraft. These decals shall be securely affixed on each to 361.28. 20 17 Subd. 2. All fines and forfeited bail money, from violations under Sections 361.01 to 361.28 collected from persons apprehended or IMPORTANT! Boatmen using waters under jurisdiction of anested shall be paid by the justice o£ the peace, municipal court, U.S. Coast Guard must observe speCial COast Guard reg- or other person or officer collecting such fines, forfeited bail money ulations pertaining to operation on such waters. or installments thereof, within 15 days after the last day of the month in which such moneys were collected, to the county treasurer of the county where the violation occurred. One-half of such receipts shall be credited to the general revenue fund of the county. Subd. 4. The installation or presence of a marine toilet in a The other one-half of such receipts shall be transmitted by the watercraft shall be indicated by the owner upon application for county treasurer to state treasurer to be deposited to the credit licensing of the watercraft or marine conveyance, and no license of the general fund in the state treasury for the purpose of boat for any such watercraft bearing a marine toilet shall be issued and water safety. ~ except upon certification by the owner of the installation of an 361.28. PERSONAL PROPERTY TAXES. acceptable retention device for use with such marine toilet. $ubd. 5. The provisions of Subdivisions 1, 2, 3 and 4 of this The license fee on watercraft as imposed herein is not to be con- Section shall not apply until DeCember 31, 1975, to watercraft sidered in lieu of personal property taxes thereon. ~ that were equipped with treatment devices approved by the pollu- 361.29. MARINE TOILETS. tion control agency prior to June 8, 1971, so long as such equipment Subd. 1. (a) For the purposes of this section the ierm "wa- continues to operate in accordance with its design capability. Nob " has the meaning given to it by Section 361.02, Subdivi- w'ithstanding this provision, the agency shall by administrative tercraft ord sion 7, and acts amendatory thereof. (b) No person owning or er require such watercraft to commence use of retention operating a watercraft or other marine conveyance upon the waters facilities pursuant to Laws 1971, Chapter 861, where it determines that conditions necessitate such action. of the state of Minnesota shall use, operate or permit the use or Subd. 6. A person who violates any provision of this section is operation of any marine toilet or similar device for the disposition guilty of a misdemeanor. of sewage or other wastes, unless the toilet wastes are retained for disposition on land by means of facilities constructed and oper- ated in accordance with rules and regulations adopted by the state board of health and approved by the pollution control agency of * * * the State of Minnesota. No person shal] discharge into the waters of this state, directly or indirectly from a watercraft or other marine conveyance, any sewage or other wastes, nor shall any container of sewage or other wastes be placed, left, discharged, or caused to be placed, left or discharged into any waters of this state by any person or persons at any time whether or not the owner, operator, guest or occupant of a watercraft or other marine con- . veyance. All toilets must be sealed or otherwise rendered inopera- ~ tive so that no human or other waste can be discharged from such ~ toilet into state waters. Subd. 2. The Minnesota pollution control agency shall upon request furnish a list of the types of retention devices currently ~ available and considered acceptable for the purposes of this Section for use with such marine toilets. The commissioner of natural resources shall furnish the sheriff of each county in the State of Minnesota with a list of such retention facilities acceptable to the pollution control agency of the state of Minnesota. Subd. 3. No watercraft or other marine conveyance upon the waters of the State of Minnesota shall be equipped with any marine toilet unless also equipped with a retention device acceptable to the pollution control agency ofthe State of Minnesota. 18 19