Section 5.001. Definitions.

 

(1)  "Accompanied", for the purposes of s. 30.68 (3) , Stats., means in the same boat.

(1m)  "Boat", for the purposes of s. 30.51 , Stats., includes the definition of "boat" under s. 30.50 (2) , Stats., and also includes fishing rafts which are equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion. Registering a fishing raft as a boat does not exempt it from any state or local fishing raft regulations.

(2)  "Buoy" is any device designed to float which is anchored in the water and which is used to convey a message.

(2m)  "Coastal waters" means all of the following:

(a) The U.S. waters of the Great Lakes which include Lakes Erie, Huron, Michigan, Ontario, and Superior.

(b) The territorial seas of the United States.

(c) 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.

(3)  "Dealer", for the purpose of s. 30.52 (5) (a) 3. , Stats., means a person engaged wholly or in part in the business of selling or distributing boats to customers for profit or commission and who has made a substantial financial investment in the business.

(4)  "Demonstrate", for the purposes of s. 30.52 (5) (a) 3. , Stats., means the showing of a boat, boat motor or boat trailer to a specific customer in an effort to sell or show the operation of the boat, boat motor or boat trailer with a paid employee of the manufacturer or dealer either operating or accompanying the operator.

(5)  "Display area" is the area on a sign or buoy needed for display of a waterway marker symbol.

(6)  "Fixed marker in the water" includes signs placed on permanent structures within the ordinary high water mark.

(7)  "Guardian", for the purposes of s. 30.68 (3) , Stats., means a person named by a court as having the duty and authority for the care and management of a minor.

(7g)  "Lake", for the purpose of s. 30.66 , Stats., means a lake, reservoir, flowage or millpond, or portion thereof, that is listed by the department in the most current version of Wisconsin Lakes, Publ-FH-800, or any other body of water determined by the department to be a lake consistent with the test established in Ne-pee-nauk Club v. Wilson, 96 Wis. 290 (1897), with the exception of the Kilbourn flowage in Juneau and Adams counties.

(7r)  "Lifeboat" means a boat or other vessel that is being used exclusively for the purpose of transporting a person from a vessel in distress.

(8)  "Manufacturer" means any individual, partnership, or corporation which manufactures, assembles, or imports any engine model for the propulsion of motorboats.

(9)  "Model" means a complete engine offered for sale.

(10)  "Model group" means 2 or more similar models that can reasonably be expected to have the same noise levels, but which differ in nonmaterial respects.

(11)  "Muffler" as referenced in s. 30.62 (2) (a) , Stats., means a device or means to reduce noise, forming part of the exhaust system, and includes an underwater exhaust.

(11c)  "Personal flotation device" or "PFD" means a device that is approved by the US Coast Guard under 46 CFR Part 160 .

(11g)  "Public access", for the purposes of s. 30.635 , Stats., and this chapter means any site through which the general public may gain legal access to a body of water by the process of launching a boat.

(11r)  "Recommended number of persons", for the purpose of ss. 30.501 (2) (a) 2. and 30.68 (9) , Stats., means the maximum number of persons that may occupy a boat, as indicated on the boat's capacity plate.

(12)  "Regulatory marker" is a waterway marker which has no equivalent in the U. S. coast guard aid to navigation.

(12g)  "Rental agent" means a person who is in the business of renting or leasing motor boats to the public.

(12m)  "Safe carrying capacity", for the purposes of s. 30.68 (9) , Stats., means all of the following:

(a) The maximum number of persons allowed and the maximum allowed total weight of person, motor, gear, and other articles placed aboard as displayed on a boat's capacity plate, under normal conditions.

(b) Less than the maximum number of persons or the maximum allowed total weight of person, motor, gear, and other articles placed aboard as displayed on a boat's capacity plate when taking into consideration abnormal weather or other existing operating conditions.

(13)  "Sign" is any device for carrying a message which is attached to another object such as a piling, buoy, structure or the land itself.

(14)  "State aid to navigation" is a waterway marker which is the equivalent of a U. S. coast guard aid to navigation.

(15)  "Symbols" are geometric figures such as diamond, circle, rectangle, used to convey a basic message.

(16)  "Test", for the purposes of s. 30.52 (5) (a) 3. , Stats., means an examination of a boat, boat motor or boat trailer for the specific purpose of determining the worthiness of the item conducted by a paid employee of a boat dealer or manufacturer.

(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.

(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 .

(16m)  "Water skis, aquaplane or similar device", for the purposes of s. 30.69 , Stats., and this chapter includes, but is not limited to, water skis, kneeboards, wakeboards, inflatable devices or barefoot or skiless skiing.

(17)  "Waterway marker" is any device designed to be placed in, on or near the water to convey an official message to a boat operator on matters which may affect health, safety, or well being, except that such devices of the United States or an agency of the United States are excluded from the meaning of this definition for all purposes except for enforcement of s. 30.68 (7) , Stats.

(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.