ORDER OF THE STATE OF WISCONSIN
NATURAL RESOURCES BOARD
AMENDING
,
RENUMBERING,
REPEALING AND
CREATING RULES
The Wisconsin Natural Resources Board proposes an order to repeal NR 5.11
(2)
(a) to (e)., 5.125
(1)
(d)., 5.125
(1)
(e)., 5.13
(2)
(c)., 5.13
(5)
(Figure1); to renumber NR 5.17; to renumber and amend 5.13
(2)
(d); to amend NR 5.01(1)
(a)., 5.01
(1)
(b)., 5.01
(1)
(c)., 5.01
(1)
(e)., 5.04
(1)
(c)., 5.09
(3)
(b)., 5.11
(2)., 5.125
(1
)
(b)., 5.125
(1)
(c)., 5.125
(1)
(Note)., 5.13
(1)
(intro.)., 5.13
(2)
(a)
(intro.)., 5.13
(2)
(a)
1., 5.13
(2)
(a)
2., 5.13
(2)
(a)
3., 5.13
(2)
(b)., 5.13
(2)
(c)., 5.13
(3)
(a)., 5.13
(3)
(b)., 5.13
(4)
(intro.)., 5.13
(4)
(b)., 5.13
(5); and to create NR 5.001
(2m), 5.001
(2m)
1., 5.001
(2m)
2., 5.001(2m)3., 5.001
(11c), 5.001
(16a)., 5.001
(16b)., 5.001
(17a)., 5.01
(1)
(cm)., 5.01
(1)
(cm)
1., 5.01
(1)
(cm)
2., 5.01
(1)
(cm)
3., 5.06
(5)., 5.06
(5)
(a)., 5.06
(5)
(b)., 5.13
(4)
(c
)1., 5.13
(4)
(c)
2., 5.13
(4)
(c)
4., 5.13
(4)
(c)
5., 5.13
(4)
(c
)
6., 5.13
(4)
(d).,
5.13
(6)., 5.13
(6)
(a)., 5.17
(2)., 5.33
(4)., relating to boat rules and regulations.
LE-01-14
Analysis
Prepared by the Department of Natural Resources
1. Statute I
nterpreted
:
30.505, 30.62(2
)(
d)2.
and
3, 30.62(9) and 30.65(2)
2.
Statutory Authority
:
30.505,
30.62(2
)(
d)2.
and
3
, 30.62(9) and 30.65(2)
3.
Explanation of Agency Authority
:
The above statutes
ha
ve
been interpreted as giving the department authority to promulgate rules necessary to
conform
with
federal
regulations, establish noise level testing procedures, adjust to advances in technology
,
and necessary in the interest of public safety.
4
. Related Statutes or R
ule
s
:
N/A
5.
Plain Language A
nalysis:
The proposed rule make
s
several
modifications to chapter NR 5
.
Section
s
1-
8
adds definitions for coastal waters, personal flotation devices, visual distress signal to conform to
33 C
F
R Part 175
.
Sections 9
-
15
require
each
recreational vessel owner provide a
n
identification number with birth date to register a vessel for a certificate of number as required by
33
CFR
Part 174
.
These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility to receive federal financial assistance under the State Recreational Boating Safety Grant Program.
Section
s
16-17
changes the term
“
state of principal use
”
to
“
state of principal operation
”
as required by
33
CFR
Part 174
.
State of principal operation means the State in whose waters a vessel is or will be operated most during a calendar year.
Section
s
18-19-20
require the state issuing authority verify that the owne
r of a vessel that is issued a s
tate assigned hull identification number has permanently affixed the assigned hull identification number to the vessel in compliance with
33 CFR Part 181
, subpart C
.
Section
21
adds a requirement to label approved waterway markers with a department assigned number to allow law enforcement officers to determine the legality of markers that have been placed.
Sections
22
modifies
fire extinguisher requirements
as required by
33
CFR
Part 175
.
Sections 23-28
corrects noise level testing requirements to meet Society of Automotive Engineers recommended practices.
Section
29-48
revises personal flotation device requirements to remove type requirements and replace with the terms wearable and
throwable
personal flotation devices as modified by
33
CFR
Part 175
.
Section
49-52
creates
requirements for visual distress signals and sound producing devices as required by
Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C
. U.S. Coast Guard conducted an on-site review of Wisconsin’s State Recreational Boating Safety (RBS) Program. Onsite reviews are used to help determine a state’s eligibility to receive funding made available under Title
46 U.S.C. Chapter 131
for the State RBS Program. A state's eligibility is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
Based on the programmatic review of Wisconsin’s State RBS program,
2
deficiencies were noted that require corrective action. The State laws and regulations do not include a provision for the carriage of visual distress signals (VDS) in waters where required under Title 33 Code of Federal Regulations (CFR), Part 175 Subpart C; and State laws and regulations do not include a provision for the carriage of a sound-producing device where required under the Navigation Rules; International-Inland. State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequ
ate law enforcement program.
Section
53-54
prohibits vessel owners from displaying blue colored lights which may be confused with an authorized patrol or emergency vessel. Pleasure boaters with afterm
a
rket blue LED lighting
can easily be mistaken for l
aw
e
nforcement in the dark of night
.
Section
5
5
requires vessel operators to operate at slow no wake speeds when approaching a patrol or emergency vessel that is displaying
an emergency light
or siren due to public safety and law enforcement officer safety concerns.
6
.
Summary of, and Comparison with, Existing or Proposed F
ederal
S
tatutes and
R
egulation
s
:
A state's eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of its RBS Program and its conformance to applicable federal laws and regulations.
State law must require the carriage of the minimum federal equipment requirements in order to meet eligibility requirements as an adequate law enforcement program.
These elements are part of an approved vessel numbering system necessary to maintain overall program approval and eligibility
7
. Comparison with
S
imilar
R
ules
in Adjacent S
tates:
Adjacent states have substantially the same rules as eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
8
. Summary of
Factual Data and Analytical M
ethodologies
Used and How Any
Related Findings Support the Regulatory Approach C
hosen
:
Eligibility to receive federal financial assistance under the State Recreational Boating Safety (RBS) Grant Program is determined by the content of the state’s RBS Program and its conformance to applicable federal laws and regulations.
9
. Analysis and Supporting Documents Used to D
etermine
the
E
ffect on
S
m
all B
usiness
or in P
reparation of
an
Economic Impact R
eport:
The department anticipates that the proposed rule will have no more than a minimal economic impact.
10.
Effect on
Small B
usiness
(initial regulatory flexibility analysis)
:
None
11
. A
gency Contact
P
erson:
Roy
Zellmer
, Boating Law Administrator, Bureau of Law Enforcement,
roy.zellmer@wisconsin.gov
. 608-212-5385
1
2
. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings
,
by regular mail
or email to:
Penny
Kanable
Department of Natural Resources
P.O. Box 7921, Madison, WI 53707.
Hearing dates and
the comment
submission deadline are to be determined.
5.
0
01(2m
)
“
Coastal waters” means
all of the following
:
NR 5.001(2m)
(1) The
U.S. waters of the Great Lakes which include
Lake
s
Erie, Huron, Michigan, Ontario, and Superior
.
NR 5.001(2m
)
(
2) The territoria
l seas of the United States.
NR. 5.001(2
m
)
(3) Those waters directly connected to the Great Lakes and territorial seas
including
bays, sounds, harbors, rivers,
and
inlets where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles, as shown
on
the
National Ocean Service chart used for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
5.0
01(11c
)
“
Personal flotation device
”
or
“
PFD
”
means a device that is approved by the
US Coast Guard
under
46
CFR Part 160
.
5.0
0
1(16a)
“
Throwable
PFD
”
means a PFD that is intended to be thrown to a person in the water.
A
throwable
PFD includes a PFD marked
as Type IV or Type V with Type IV performance. Unless specifically marked otherwise, a wearable PFD is not a
throwable
PFD.
5.0
0
1(16b)
“
Visual distress signal
”
means a device that is approved by the
US Coast Guard
under
46 CFR Part 160
or certified by the manufacturer under
46 CFR Parts 160
and
161
.
5.0
0
1(17a)
“
Wearable PFD
”
means a PFD that is intended to be worn or otherwise attached to the body. A
wearable PFD includes a PFD
marked as Type I, Type II, Type III, or Type V with Type I, II or III performance
.
5.01(1
)
(
a)
Name of
the
each
owner.
5.01(1
)
(
b)
Address of
the
each
owner
,
including
Zip code.
5.01(1
)
(
c)
Date of birth of
the
each
owner
.
5.01(1
)
(
c
m
)
I
dentification information for each vessel owner who applies for a certificate of number
to include any of the following:
5.01(1
)(
c
m
)1.
Owner’s tax identification number.
5.01(1
)
(
c
m
)
2.
Date of birth with driver’s license numbe
r
.
5.01(1
)
(
c
m
)
3.
Date of birth together with other unique number.
5.01(1(
e
)
State in which boat is or will be principally
used
operated
.
5.0
4
(1(
c
)
State of principal
use
operation
.
5.06(5)
Upon
assignment of a hull identification number required under s.
30.533(2)
,
Stats.
the
owner shall permanently affix the assigned hull identification number to the starboard side of the transom of the vessel to which the hull identification number is assigned.
Each hull identification number must be carved, burned, stamped, embossed, molded, bonded, or otherwise permanently affixed to the watercraft so that alteration, removal, or replacement would be obvious. Use of a plate must be fastened so that removal would cause scarring or damage to surrounding hull area. Hull identification number characters must be no less than ¼ inch in height and not attached to any removable part. The assigned hull identification number must be permanently affixed in 2 places.
5.06(5
)(
a)
.
The primary hull identification number in watercraft with transoms shall be affixed to the starboard outboard side within
2
inches of the top of transom, gunwale,
or
hull
deck joint
, whichever is lowest. On vessels without transoms or impractical to use transom, to the starboard outboard side of hull, aft, within one foot of the stern and within
2
inches of the top of the hull side, gunwale
or
hull
deck joint, whichever
is lowest. On catamarans and pontoon boats with replaceable hulls, to the aft crossbeam, within
1
foot of the starboard hull attachment.
5.06(5
)(
b
)
.
The duplicate hull identification number shall be affixed in an unexposed location on the interior of the vessel or beneath a fitting or item of hardware.
5.0
9(3
)(
b
)
Such political subdivision of the state shall, prior to authorizing placement, obtain the approval of the department. The political subdivision shall complete a waterway marker application form, indicating their approval or disapproval and submit the application to the department. The department shall review the application and approve or disapprove placement of the waterway markers. The department shall distribute a copy of the permit to the political subdivision, the applicant and the property owner. A copy of the permit will remain on file with the department. Mooring buoys placed within the boundaries of a state or federally approved mooring area are exempt from this section when such placement is authorized by the unit of government having jurisdiction.
Approved waterway ma
rkers shall be labelled with a d
epartment assigned identification number.
Waterway markers for which department approval was not obtained may be removed by the department.
5.11(2)
The
fire extinguishers required on each
class of
motorboat shall be as follows:
Minimum Number of Hand-Portable Fire Extinguishers Required
|
Vessel Length
|
No Fixed System
|
With Approved Fixed Systems
|
Less than 26’
|
1 B-01
|
0
|
26’ to less than 40’
|
2 B-1 or 1 B-11
|
1 B-1
|
40’ to 65’
|
3 B-1 or 1 B-11 and 1 B-1
|
2 B-1 or 1 B-11
|
Section
NR 5.11
(2
)(
a) to
(e) is repeale
d
:
5.125(1
)(
b
)
An officer requesting a boat operator to submit to a noise test shall test the boat using testing methods
J34
a
J34
, J1970 or J2005.
5.125(1
)(
c
)
When the J2005 testing method is used, the officer shall deduct 2 decibels from the decibel reading
obtained in order for the test to be comparable to the J34a and J1970 tests
.
Section
NR 5.125(1
)(
d) is repealed:
Section
NR 5.125(1
)(
e) is repealed:
Note:
Copies of the Society of Automotive Engineers Recommended Practi
c
e Report
J34
a
J34
, J1970 and J2005 entitled “Exterior Sound Level Measurement Procedure for Pleasure Motorboats” may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale
, Pennsylvania 15096.
5.13(1)
This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including
but not limited to
inflatables
and sailboards
,
used on waters subject to the jurisdiction of this state except:
5.13(2
)(
a)
(intro)
No person may operate or use a
boat
unless
all of
the following requirements are met
at least one PFD of the following types or their equivalents listed in figure 1 is on board for each person
:
5.13(2
)(
a)1
.
Type I
PFD
A
t
least one wearable PFD
is on board for each person
.
5.13(2
)(
a)2
.
Type II PFD
Each PFD is used in accordance with any requirements on the
approved lab
el
.
5.13(2
)(
a)3
.
Type III PFD
Each PFD is used in accordance with any requirements in its owner’s manual, if the approval label makes reference to such a manual.
5.13(2)(b)
No person may operate or use a
boat
16 feet or more in length, except a canoe or kayak, unless at least one
type IV
throwable
PFD
or its equivalent listed in figure 1
is on board in addition to the
PFDs
total number of wearable PFDs
required in par.(a)
.
Section
NR 5.13(2
)(
c) is
repealed:
Section
NR 5.13(2
)(
d) is renumbered and amended to read:
5.13(2
)(
c)
No person may operate or use a
boat
of
any size to carry passengers for hire unless at least one
type I
wearable
PFD
or its equivalent listed in figure 1
is on board for each person and in addition one
ring life buoy as listed in figure 1
throwable
PFD
must be carried on board such
boats
recreational vessels
which
are 26 feet or more in length.
5.13(3)(a)
No person may use a
boat
unless each
type I, type II, type III or type V
wearable
PFD required by sub. (2)
is
readily accessible.
5.13(3
)(
b
)
No person may
operate or
use a
boat
unless each
type IV
throwable
PFD required by sub. (2)
is
immediately available.
5.13(4
)
(
intro.)
C
ONDITIONS, APPROVAL, MARKING.
No person may operate or use a
boat
unless each device required by this section is
marked as follows
:
5.13(4)(b)
Legibly marked with the approval number as listed in figure 1 for items subject to approval, and
O
f an appropriate size for the person for whom it is intended.
5.13(4
)(
c
)
Of an appropriate size for the person for whom it is intended.
Each personal flotation device must be marked in accordance with the recognized laboratory’s listing and labelling requirements. At a minimum, labels must include
all of the following
:
5.13(4
)(
c)1
.
Size information, as appropriate.
5.13(4
)(
c)2
.
The US Coast Guard approval number
.
5.13(4
)(
c)3
.
Manufacturer’s contact information.
5.13(4
)(
c)4
.
Model name and
number.
5.13(4
)(
c)5
.
Lot number
and
manufacturer date
.
5.13(4
)(
c)6
.
Any limitations or restrictions on approval or special instructions for use.
5.13
(4
)
(
d)
Marking must be of a type which will be durable and legible for the expected live of the device.
5.13(5)
Personal Flotation Device Equivalents. Figure 1 lists devices that are equivalent to personal flotation devices.
Visual
D
istress
S
ignals. It is unlawful to operate any watercraft on the coastal waters of the United States without having onboard visual distress signals as required and approved by
the U.S. Coast Guard, so placed as to be readily accessible and in such condition as to be ready for immediate and effective use.
Section
NR 5.13(5) Figure 1 is repealed:
5.13(6
)
Sound
Producing Devices
. As
required by the U.S. Coast Guard Navigation Rules
, a
vessel
less than
39.4 feet must, at a minimum
, have some means of making an
efficient sound signal, (i.e., hand
held air horn, athletic whistle, installed horn, etc. A
human voice
or
sound is not acceptable.
5.13(6)(a
)
A vessel 39.4 feet or greater, must have a sound signaling appliance capable of producing an efficient sound signal, audible for ½ mile with a 4 to 6 seconds duration. In addition,
the vessel
must carry on board a bell with a clapper
. The bell size shall be
no less than 7.9 inches, based on the diameter of the mouth.
Section
NR 5.17 is
renumbered to NR 5.17 (1)
5.17(
2
)
No vessel may be equipped with or display any blue colored light or lamp unless the vessel is a patrol boat defined in s.
30.50(9b)
, Stats
.
5.
33(4)
No
motorboat shall be operated in excess of a slow no wake speed
within 100 feet of
a stationary or drifting authorized patrol
vessel
or emergency vessel displaying an emergency light
or
siren.
Section
Effective Date
.
This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s.
227.22 (2) (intro.)
, Stats.
Section
Board adoption.
This rule was approved and adopted by the State of Wisconsin Natural Resources Board on
December 10, 2014
.
