la-202609-c633941250: Vessel Equipment; Requirements; Penalties

Department of Wildlife and Fisheries Wildlife and Fisheries Commission Vessel Equipment; Requirements; Penalties(LAC 76:XI.Chapter 1 and Chapter 3) The Wildlife and Fisheries Commission does hereby establish rules and regulations modifying the equipment requirements of vessels to the extent necessary to keep these requirements in conformity with the provisions of the federal navigation laws or with the navigation rules promulgated by the United States Coast Guard. The secretary of the Department of Wildlife and Fisheries is authorized to take any and all necessary steps on behalf of the commission to promulgate and effectuate this Notice of Intent, including but not limited to, the filing of the Fiscal and Economic Impact Statement, the filing of the Notice of Intent and compiling public comments and submissions for the commission’s review and consideration. In the absence of any further action by the commission following an opportunity to consider all public comments regarding the proposed Rule, the secretary is authorized and directed to prepare and transmit a summary report to the legislative oversight committees and file the final rule. Title 76 WILDLIFE AND FISHERIES Part XI. Boating Chapter 1.Vessel Equipment; Requirements; Penalties §103.Flotation Devices A.In accordance with R.S. 34:851.24(F)(1), the provisions of this Section shall apply on all waters within the jurisdiction of this state. B.Definitions Hand Tiller Outboard Motor—an outboard motor that has a tiller or steering arm attached to the outboard motor to facilitate steering and does not have any mechanical assist device which is rigidly attached to the boat and used in steering the vessel, including but not limited to mechanical, hydraulic, or electronic control systems. Hand tiller outboard motor shall not mean any type of electronic trolling motor. Operate—to navigate or otherwise control the movement of a vessel, including controlling the vessel's propulsion system. Operator—any person who navigates or is otherwise in control or in charge of the movement of a vessel, including the vessel's propulsion system. Owner—a person, other than the lienholder, having the property in or registration to the vessel. Personal Flotation Device or PFD—a device approved by the United States Coast Guard under 46 CFR Part 160, which is labeled with such approval and with the appropriate size for the person intended and which is in serviceable condition. Readily Accessible—easily located and retrieved without searching, delay, hindrance or being in a locked area. Serviceable Condition—a condition as defined by the United States Coast Guard under 33 CFR 175.23. Throwable PFD—a PFD that is intended to be thrown to a person in the water. A PFD marked as Type IV, or Type V with Type IV performance, is considered a throwable PFD. Trick Water-Skier—a trick water-skier is a person whose equipment and activities have all of the following characteristics: a.type of skis: for standard double trick skis, a length of no more than 46 inches and width of at least 8 inches, with no keels on the bottom; for single trick boards, a length of no more than 56 inches and width of at least 22 inches, with no keel on bottom; and b.tow rope no longer than 50 feet. Vessel—watercraft and airboats of every description, other than seaplane(s), located on the water and, used or capable of being used as a means of transportation on the water. Watersports—activities that involve being towed by, or riding in the wake of, a vessel and include but are not limited to water skiing, wake boarding, wake surfing, and tubing. Wearable PFD—a PFD that is intended to be worn or otherwise attached to the body. A PFD marked as Type I, Type II, Type III, or Type V with Type I, II, or III performance is considered a wearable PFD. C.Personal Flotation Device Requirements 1.Every operator of a vessel shall ensure that the vessel is carrying at least one readily accessible wearable personal flotation device for each person on board. In addition, vessels 16 feet or over in length shall carry at least one throwable personal flotation device. Canoes and kayaks 16 feet or more in length are exempt from the requirement to carry the additional throwable personal flotation device. 2.A United States Coast Guard approved PFD may be used as required by this Part provided: a.the approval label on the PFD indicates that the device is approved by the United States Coast Guard: i.for the activity for which the vessel is being used; or ii.as a substitute for a PFD of the type required by this Part on the vessel in use; and b.the PFD is used in accordance with any requirements of its approval label; and c.the PFD is used in accordance with requirements in its owner's manual, if its approval label makes reference to such manual. 3.All persons onboard a Class A motorboat which is being propelled by a hand tiller outboard motor shall be required to wear a USCG approved wearable personal flotation device while the motorboat is underway. a.The operator shall be responsible to ensure all persons on board are in compliance with this Section. 4.Persons engaged in watersports shall wear a wearable PFD. No vessel operator shall tow a watersports participant who is not wearing such a device. No person shall use an inflatable PFD to meet the requirements of this Section. Exceptions to the requirements of this Subsection are allowed during Department of Wildlife and Fisheries and/or United States Coast Guard permitted marine events under the following conditions: a.a skier engaged in barefoot water-skiing who wears a barefoot wetsuit designed specifically for such activity; b.a skier engaged in trick water-skiing whose movements would be restricted or impeded by the bulk of a PFD; c.the operator of a vessel towing a trick water-skier or barefoot water-skier shall make a PFD readily available aboard the tow vessel for each such skier who elects not to wear such a device while skiing. 5.No person shall operate a Class A or Class 1 motorboat or vessel underway with any person 16 years of age or younger aboard unless each such person is wearing a Coast Guard approved wearable personal flotation device, as required by R.S. 34:851.24(F). This Paragraph does not apply to persons 13 years of age or older while engaged in commercial fishing operations on commercial fishing vessels. D.Violation of this Section is a class one violation as defined in R.S. 56:31. AUTHORITY NOTE:Promulgated in accordance with R.S. 34:851.24. HISTORICAL NOTE:Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 11:705 (July 1985), amended LR 26:1493 (July 2000), LR 33:538 (March 2007), LR 34:885 (May 2008), LR 52: §105.Fire Extinguishers A.In accordance with R.S. 34:851.24(G) the commission prescribes the following regulations for fire extinguishers on motorboats. B.All motorboats of closed construction shall carry the appropriate approved fire extinguishers according to its length. 1.Class A (under 16 feet in length). At least one approved B-I or 5-B portable fire extinguisher. 2.Class 1 (16 feet to less than 26 feet in length). At least one approved B-I or 5-B portable fire extinguisher. 3.Class 2 (26 feet to less than 40 feet in length). At least two approved B-I or two 5-B portable fire extinguishers or at least one approved 20-B portable fire extinguisher. 4.Class 3 (40 feet and above in length). At least three approved B-I or 5-B portable fire extinguishers or at least one approved B-I, 5-B and one approved 20-B portable fire extinguishers. C.When a fixed fire extinguishing system of a type approved by the U.S. Coast Guard is installed on a vessel, it shall take the place of one 5-B portable fire extinguisher. D.All open motorboats shall be required to carry the same approved fire extinguishers according to class, except that open motorboats of outboard design where the construction of such motorboats will not permit the entrapment of explosive or flammable gases or vapors and less than 26 feet in length shall not require fire extinguishers. E.For the purpose of this Part, motorboats of closed construction shall mean any motorboat that has one or more of the following conditions: 1.inboard engine; 2.closed compartments under thwarts and seats wherein portable fuel tanks are stored; 3.double bottoms not sealed to the hull or which are not completely filled with flotation materials; 4.closed living spaces; 5.closed storage compartments in which combustible or flammable material is stored; 6.permanently installed fuel tanks. F.The term approved for this Part shall mean certified by the U.S. Coast Guard and bearing the U.S. Coast Guard approval number of UL (Underwriters Laboratory) seal listing its approval for marine use. G.All fire extinguishers must be maintained in proper working order and fully charged. H.Violation of this Section is a class one violation as defined in R.S. 56:31. AUTHORITY NOTE:Promulgated in accordance with R.S. 34:851.24. HISTORICAL NOTE:Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 11:706 (July 1985), amended LR 52: §111.Emergency Cut-off Switches A.In accordance with R.S. 34:851.24 and R.S. 34:851.27, the provisions of this Section shall apply on all waters within the jurisdiction of this state. B.Definitions Engine Cut-off Switch—an operable emergency cut-off engine stop switch installed on a motorboat and that attaches to the motorboat operator by an engine cut-off switch link. Engine Cut-off Switch Link—the lanyard and/or cut-off device used to attach the motorboat operator to the engine cut-off switch installed on the motorboat. Hand Tiller Outboard Motor—an outboard motor that has a tiller or steering arm attached to the outboard motor to facilitate steering and does not have any mechanical assist device which is rigidly attached to the boat and used in steering the vessel, including but not limited to mechanical, hydraulic or electronic control systems. Hand tiller outboard motor shall not mean any type of electronic trolling motor. C.No person shall operate a motorboat less than 26 feet in length, designed to have or having an engine cut-off switch, while the engine is operating on plane or above displacement speed, without having the engine cut-off switch link attached to the operator, the operator’s clothing, or, if worn, the operator’s personal flotation device. 1.Exemptions: This Subsection does not apply if the vessel’s main helm is installed within an enclosed cabin. D.No person shall operate a Class A or Class One motorboat with a hand tiller outboard motor in excess of 10 horsepower designed to have or having an engine cut-off switch, while the engine is running and the motorboat is underway, unless: 1.the engine cut-off switch is fully functional and in operable condition; and 2.the engine cut-off switch link is attached to the operator, the operator's clothing, or if worn, the operator's personal flotation device. E.The provisions of this Section shall not apply to licensed commercial fishermen operating a motorboat while engaged in a commercial fishing activity or to Wildlife Enforcement Agents, police officers, or other emergency personnel while in the performance of their duty. F.The provisions of this Section shall not apply to sailboats. G.Violation of this Section is a class one violation as defined in R.S. 56:31. AUTHORITY NOTE:Promulgated in accordance with R.S. 34:851.24 and R.S. 34:851.27. HISTORICAL NOTE:Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 34:1049 (June 2008), repromulgated LR 34:1429 (July 2008), amended LR 52: Chapter 3.Boating Safety §309.Assignment of Hull Identification Numbers to Undocumented Vessels Manufactured or Homebuilt in Louisiana A.All vessels manufactured for sale in Louisiana shall conform to federal standards established in 46 USC 4301, et seq. or any federal regulation prescribed thereunder. Each vessel manufactured for sale in Louisiana shall have a hull identification number (HIN) assigned by the United States Coast Guard (USCG). B.Notwithstanding the provisions of Subsection A, the assignment of hull identification numbers (HIN) by the state to certain undocumented vessels manufactured or homebuilt in this state that do not qualify for the assignment of such numbers by the USCG shall apply to the following: 1.Homemade Boats: A homemade boat means a vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. The term shall not include a rebuilt or reconstituted vessel in accordance with R.S. 34:851.20M. 2.Manufactured Recreational Vessels: A manufactured vessel means a vessel built, assembled, or imported by a licensed corporate entity or person engaged in the business of trade or sale. Manufactured recreational vessels older than 10 years that are missing a HIN, or have an improper HIN, may receive a state assigned HIN at the time of inspection by the state, provided an original identification number that meets the HIN format prescribed by federal regulations cannot be found or determined. 3.Bare Hulls: A bare hull is an empty, unfinished hull with no installed seating, controls, consoles, flotation, navigation lights, or other associated equipment. Therefore, bare hulls are not subject to USCG safety standards and are not required to have HINs. Bare hulls acquired for the purpose of building a homebuilt vessel will be issued a state assigned HIN as a homemade vessel. 4.Self-Imported Foreign Vessels: A self-imported foreign vessel means a single recreational vessel self-imported from a country outside of the United States by an individual for their own personal use. For a vessel to qualify as self-imported, the owner must take delivery from the manufacturer overseas and personally arrange for shipping/transportation to the United States, either individually or through use of a shipping agent. Documentation from U.S. Customs and Border Patrol (CBP) or a shipping agent may assist in determining a self-import. a.Vessels ordered through the internet from a company or third-party retailer and are shipped directly to the customer do not qualify for a state assigned HIN. C.Notwithstanding the provisions of Subsection B, the following vessels shall not be eligible for a state assigned HIN. 1.Manufactured vessels that are within 10 years of manufacture. 2.Vessels imported into the United States for the purpose of re-sale. 3.Kit Boats: A kit boat means a partially built vessel sold by one entity with assembly completed by another entity. This is considered a manufactured vessel, and must have a HIN provided by the manufacturer of the kit. 4.Commercial use only Vessels: A commercial use only vessel, as it relates to this Subsection, means any vessel not built to the requirements of 46 USC §43 and 33 CFR Subchapter S and that does not have a manufacturer-supplied HIN affixed by the manufacturer. a.Commercial use only vessels are still eligible for inspection and issuance of a certificate of number by the state. For those commercial vessels that do not meet the recreational requirements, the state will clearly indicate the vessel is for "commercial use only" on the titling and registration paperwork. D.Agents from the enforcement division may inspect any vessel submitted by an individual for inspection through application to the Department’s licensing and registration office. The applicant must show the following at the time of inspection. 1.Proof of legal ownership; 2.Proof that all applicable taxes have been satisfied; and 3.Proof of self-importation, if applicable. E.All state assigned HINs shall be permanently affixed to the vessel’s hull as prescribed by federal regulations. F.Violation of this Section shall be fined not less than $500, but no more than $1000, or imprisoned for not more than 30 days, or both, for each violation as provided in R.S. 34:852.22. AUTHORITY NOTE:Promulgated in accordance with R.S. 34:852.13.B. HISTORICAL NOTE:Promulgated by Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 37:922 (March 2011), amended LR 49:1143 (June 2023), LR 52: Family Impact Statement In accordance with Act 1183 of 1999 Regular Session of the Louisiana Legislature, the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission hereby issues its Family Impact Statement in connection with the preceding Notice of Intent. This Notice of Intent will have no impact on the six criteria set out at R.S. 49:972(B). Poverty Impact Statement The proposed rulemaking will have no impact on poverty as described in R.S. 49:973. Small Business Analysis This proposed Rule has no known impact on small businesses as described in R.S. 49:974.4 and R.S. 49:974.5. Provider Impact Statement This proposed Rule has no known impact on providers as described in HCR 170 of 2014. Public Comments Interested persons may submit written comments relative to the proposed Rule to Captain Jason Russo, Enforcement Division, Department of Wildlife and Fisheries, P. O. Box 98000, Baton Rouge, Louisiana, 70898-9000, or via email to jrusso@wlf.la.gov prior to October 27, 2026. Kenneth A. "Andy" Brister Chairman FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Vessel Equipment; Requirements; Penalties I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) The proposed rule changes are not anticipated to impact costs for the Louisiana Department of Wildlife and Fisheries (LDWF), or any other state or local governmental units. The proposed rule changes update safety and vessel identification requirements by modernizing portable flotation devices (PFD) and fire extinguisher terminology, establishing PFD and engine cut-off switch requirements and exemptions, and revising requirements for state-assigned hull identification numbers and vessel inspections. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule changes are not anticipated to impact revenue collections for the LDWF or other state or local governmental units. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) The proposed rule changes are not anticipated to impact costs or economic benefits to directly affected persons, small businesses, or non-governmental groups. The proposed rule changes modify regulatory language to make the Louisiana rules consistent with the regulatory language used by the U.S. Coast Guard. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed rule changes are not anticipated to impact competition or employment in either the public or private sector. Cara TylerPatrice Thomas UndersecretaryDeputy Fiscal Officer 2609#057Legislative Fiscal Office