NR 5.125(2)(b)2.
2. A statement that a representative sample of each model or model group, properly installed on a motorboat on which it is typically used, has been tested in accordance with Society of Automotive Engineers Recommended Practice SAE J34a, dated April, 1977, and meets the requirements of s.
30.62 (2), Stats.
NR 5.125(2)(b)3.
3. The description and model designation of each representative engine and the motorboat on which it was tested.
NR 5.125(2)(c)
(c) The department may request additional information from the manufacturer to determine if the engine complies with SAE J34a, dated April, 1977, and s.
30.62 (2), Stats.
NR 5.125(3)(a)(a) Manufacturer's standard. The noise level testing procedures of the Society of Automotive Engineers Recommended Practice Report J34a, dated April, 1977, shall be adhered to by manufacturers when submitting proof of compliance according to s.
30.62 (2) (d), Stats.
NR 5.125(3)(b)
(b) Operation standard. Noise level testing procedures J34a, J1970 or J2005 of the Society of Automotive Engineers shall be adhered to by boat operators when requested to submit to one or more of them by officers conducting noise tests on boats operating in the state of Wisconsin.
NR 5.125(4)
(4) Cutout mechanisms. No person may operate a boat that is equipped with a muffler cut out, by-pass switch or similar device unless the operator of the boat can demonstrate at the time of inspection that the boat cannot operate contrary to s.
30.62 (2) (b), Stats.
NR 5.125(5)
(5) Refusal to allow testing. No operator of any boat may refuse to operate his or her boat in a manner prescribed by the law enforcement officer who reasonably suspects a violation of s.
30.62 (2), Stats.
NR 5.125(6)
(6) Exemptions. Any boat being operated for one of the following purposes is exempt from the noise level requirements established for motorboats under s.
30.62 (2) (b), Stats.
NR 5.125(6)(a)
(a) A boat being used by an authorized agent of the federal, state or municipal government to carry out his or her official duty of enforcement, search and rescue, fire fighting or research programs.
NR 5.125(6)(b)
(b) A boat being used for search and rescue or training for search and rescue operations at the request of a governmental agency, while being used under the direction or control of a governmental agency.
NR 5.125(6)(c)
(c) A boat being used by a trapper for the sole purpose of trapping from November 1 thru March 31. This paragraph does not apply after March 31, 2009.
NR 5.125 Note
Note: Section
30.62 (2)(b), Stats., states that no person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an “A" weighted decibel scale.
NR 5.125 Note
Note: Copies of the Society of Automotive Engineers Recommended Practice Report J34a, entitled “Exterior Sound Level Measurement Procedure for Pleasure Motorboats", dated April, 1977, may be obtained from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096 and are also available for inspection at the following offices: The Department of Natural Resources, 101 South Webster, Box 7921, Madison, Wisconsin 53707; the Office of the Secretary of State, Madison, Wisconsin; and the Legislative Reference Bureau, One East Main Street, Madison, Wisconsin.
NR 5.125 History
History: Cr.
Register, August, 1986, No. 368, eff. 9-1-86; renum. (1) (a) to (d) to be 5.001 (8), (11), (9), (10),
Register, July, 1993, No. 451, eff. 8-1-93; cr. (1), (4) and (5),
Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1) (b), renum. (3) to be (3) (a), cr. (3) (b), am. (4),
Register, March, 2000, No. 531, eff. 4-1-00;
CR 01-007: r. and recr. (1) (c),
Register November 2001 No. 551, eff. 12-1-01;
CR 06-039: cr. (1) (d), (e) and (6)
Register December 2007 No. 624, eff. 1-1-08;
CR 14-048: am. (1) (b) and (c), r. (1) (d) and (e) Register May 2015 No. 713, eff. 6-1-15.
NR 5.13
NR 5.13 Personal flotation and life saving device requirements. NR 5.13(1)(1) This section applies to all boats that are propelled or controlled by machinery, sails, oars, paddles or poles or another vessel including inflatables, used on waters subject to the jurisdiction of this state except:
NR 5.13(1)(a)
(a) Racing shells, rowing sculls, and racing kayaks that are recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing.
NR 5.13(1)(b)
(b) Foreign boats temporarily using waters subject to state jurisdiction.
NR 5.13(1)(c)
(c) Military or public boats of the United States, except recreational-type public vessels.
NR 5.13(2)
(2) Personal flotation device (PFD
) requirements. NR 5.13(2)(a)(a) No person may operate or use a boat unless all of the following requirements are met:
NR 5.13(2)(a)2.
2. Each PFD is used in accordance with any requirements on the approved label.
NR 5.13(2)(a)3.
3. Each PFD is used in accordance with any requirements in its owner's manual, if the approval label makes reference to such a manual.
NR 5.13(2)(b)
(b) No person may operate or use a boat 16 feet or more in length, except a canoe or kayak, unless at least one throwable PFD is on board in addition to the total number of wearable PFDs required in
par. (a).
NR 5.13(2)(c)
(c) No person may operate or use a boat of any size to carry passengers for hire unless at least one wearable PFD is on board for each person and in addition one throwable PFD must be carried on board such recreational vessels which are 26 feet or more in length.
NR 5.13(3)(a)(a) No person may use a boat unless each wearable PFD required by
sub. (2) is readily accessible.
NR 5.13(3)(b)
(b) No person may operate or use a boat unless each throwable PFD required by
sub. (2) is immediately available.
NR 5.13(4)
(4) Conditions, approval, marking. No person may operate or use a boat unless each device required by this section is marked as follows
:
NR 5.13(4)(a)
(a) In serviceable condition to perform the intended uses and absent of any tears, punctures or other deformations from its original manufactured design.
NR 5.13(4)(b)
(b) Of an appropriate size for the person for whom it is intended.
NR 5.13(4)(c)
(c) 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:
NR 5.13(4)(c)6.
6. Any limitations or restrictions on approval or special instructions for use.
NR 5.13(4)(d)
(d) Marking must be of a type which will be durable and legible for the expected live of the device.
NR 5.13(5)
(5) Visual Distress Signals. 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.
NR 5.13(6)(a)(a) 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., handheld air horn, athletic whistle, installed horn, etc.). A human voice or sound is not acceptable.
NR 5.13(6)(b)
(b) A vessel 39.4 feet or greater must have a sound signaling appliance capable of producing an efficient sound signal, audible for 1/2 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.
NR 5.13 History
History: Cr.
Register, June, 1974, No. 222, eff. 7-1-74; am. (1) (intro.), (2) (a), (b), (c), r. (3) (a), renum. (3) (b) and (c) to be (2) (d) and (e), (4) to (6) to be (3) to (5) and am. (4) (intro.) and (5),
Register, April, 1985, No. 352, eff. 5-1-85; am. (4) (a),
Register, July, 1993, No. 451, eff. 8-1-83; am. (2) (a), r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d) and am. (2) (b),
Register, May, 1995, No. 473, eff. 6-1-95;
CR 14-048: am. (1) (intro.), (2) (a), (b), r. (c), renum. (2) (c) from (2) (d) and am., am. (3), (4) (intro.), r. (4) (b), renum. (4) (b) from (4) (c), cr. (4) (c), (d), am. (5), r. (5) Figure 1, cr. (6) Register May 2015 No. 713, eff. 6-1-15, correction in (6) (a), (b) under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713, eff. 6-1-15; correction in numbering (6) (a), (b) under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 713. NR 5.14
NR 5.14 Jurisdiction of municipal water safety patrols. The Wisconsin department of natural resources hereby defines by rule, pursuant to s.
30.79 (4), Stats., the following waters which may be patrolled by the respective water safety patrol units mentioned:
NR 5.14(1)
(1) The waters of Wallace lake, located in section 1, township 11 north, range 19 east and section 6, township 11 north, range 20 east in Washington county, by a water safety patrol operated by the town of Trenton.
NR 5.14(2)
(2) The portion of Golden Lake, described herein, located in sections 30 and 31, township 7 north, range 17 east, Waukesha county, by a water safety patrol unit operated by the town of Summit: all of Golden lake except that portion in section 25, township 7 north, range 16 east, Jefferson county, which lies to the west of the easterly boundary of section 25; said boundary marked by a north-south line drawn between two certified land corner monuments; the north concrete monument being located 1167.5 feet south from the northeast corner of section 25 and the south concrete monument being located 576.7 feet north from the southeast corner of section 25.
NR 5.14 History
History: Cr.
Register, August, 1975, No. 236, eff. 9-1-75; cr. (2),
Register, November, 1977, No. 263, eff. 12-1-77.
NR 5.15
NR 5.15 Posting requirements. The posting requirements for local authorities under s.
30.77 (4), Stats., shall be a sign with a minimum of 3 inch lettering stating “Local Ordinance" posted at each public landing. The sign shall list, in letters with a minimum height of one inch, a summary, synopsis, or outline of those regulations more restrictive than state law, or shall contain a map made of a durable material showing those areas with local restrictions, or both, including but not limited to speed limits, water ski hours and personal watercraft restrictions, if any.
NR 5.15 History
History: Cr.
Register, July, 1993, No. 451, eff. 8-1-93; am.
Register, March, 2000, No. 531, eff. 4-1-00.
NR 5.16
NR 5.16 Instruction for rental or leased personal watercraft. Instruction for the purpose of s.
30.625 (1) (a), Stats., shall include the following:
NR 5.16(1)
(1) The display of a personal watercraft decal in a location as specified by the department on the decal, by the owner or lessor of the watercraft explaining personal watercraft rules.
NR 5.16(2)
(2) A minimum of a 5 minute oral review to the operator of all of Wisconsin's special personal watercraft rules as supplied by the department by the lessor, or by an agent of the lessor, before operation of the personal watercraft occurs.
NR 5.16 Note
Note: Personal watercraft decals and special watercraft rules and acknowledgement forms, may be obtained from the Boating Safety Section, P.O. Box 7921, Madison, Wisconsin 53707.
NR 5.16 History
History: Cr.
Register, May, 1995,
Register, No. 473, eff. 6-1-95.
NR 5.17
NR 5.17 Lighting requirements. NR 5.17(1)(1) In addition to the lighting requirements specified in s.
30.61, Stats., operators of boats in the state of Wisconsin shall also comply with all federal lighting requirements.
NR 5.17(2)
(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.
NR 5.17 History
History: Cr.
Register, March, 2000, No. 531, eff. 4-1-00;
CR 14-048: renum. to (1), cr. (2) Register May 2015 No. 713, eff. 6-1-15. NR 5.18
NR 5.18 Boating education certification program fee. NR 5.18(1)(1)
Temporary boating education certificates. NR 5.18(1)(a)(a) Eligibility. Only individuals who meet all of the following are eligible to receive a temporary boating education certificate:
NR 5.18(1)(a)1.
1. A person who is or will be renting or leasing a motor boat from a rental agent who has agreed to provide them with boating education training as required under
par. (c).
NR 5.18(1)(b)
(b) Effective period. All of the following conditions apply to a temporary boating education certificate issued under this section:
NR 5.18(1)(b)1.
1. Shall be valid from the time and date of issuance, until the end of the calendar year issued.
NR 5.18(1)(b)3.
3. Shall only be valid for the operation of a motor boat which is rented or leased by the holder of the certificate.
NR 5.18 Note
Note: Temporary boating education certificates are only available for and may not to be issued to persons who are not renting or leasing the motor boat. Persons age 10-15 are not eligible for a temporary boating education certificate. Pursuant to s.
30.678(1), Stats., a person age 10-15 may operate a motor boat that is not a personal watercraft (PWC) if they are accompanied by a parent or guardian or by a person who is at least 18 years of age and who is designated by a parent or guardian. Persons age 12-15 may operate a motor boat, including a PWC without an adult, parent or guardian present if they hold a valid boating education certificate issued by the department under s.
30.74(1)(a), Stats.
NR 5.18(1)(c)1.1. The department shall create a short course of instruction which covers the Wisconsin general boating laws and the safe operation of a motor boat. These courses may be offered through a rental agent that rents or leases motor boats to the public, or by the department.
NR 5.18(1)(c)2.
2. A rental agent that rents or leases motor boats and offers a course of instruction under this paragraph shall issue a temporary boating education certificate to persons 16 years of age or older successfully completing the course.
NR 5.18(1)(c)3.
3. The department shall prescribe the course content in a student manual to be provided to any rental agent that rents or leases motor boats to the public.
NR 5.18(1)(c)4.
4. The department shall prescribe the form of the temporary certificate that shall be provided to any person that successfully completes that training and passes an exam provided by the department with the manual.
NR 5.18(2)
(2) Course and certificate issuance fees. NR 5.18(2)(a)(a)
Department sponsored courses. The fee for the boating education certification course taught by the department or an instructor certified by the department to teach the department's boating education program authorized under s.
30.74 (1) (a), Stats., shall be $10.00. The department may authorize the instructors to retain up to 50% of the fee to defray expenses incurred locally to operate the program based on the actual cost incurred to the instructor. The remaining funds shall be turned in to the department to defray expenses incurred to operate the boating safety program during the year.
NR 5.18(2)(b)
(b) Department approved courses. The portion of the fees collected for certification and turned into the department for courses taught by the United States Power Squadron, United States Coast Guard Auxiliary and other entities which are covered by a memorandum of understanding with the department regarding boating education courses shall be $1.00. This paragraph does not prevent those entities covered by a memorandum of understanding with the department from charging a fee that is reasonable to defray their costs of administering and operating the courses they provide. The department may authorize specialized fees for internet based education certification programs pursuant to a memorandum of understanding with the managing entity. The fee shall be sufficient to defray authorized operational costs of the managing entity and the department.
NR 5.18(2)(c)1.1. The fees for a temporary boating education certificate issued under
sub. (1) shall be $10.00. A rental agent that offers training and certification pursuant to
sub. (1) (c), shall collect the fee and may retain up to 50% of the fee to defray expenses incurred by them to conduct the training and exam and issue the certificate. The remaining funds shall be remitted to the department along with the records to be submitted under
subd. 2.
NR 5.18(2)(c)2.
2. All rental agents who provide a course of instruction under this section shall submit an annual report to the department by December 31 each year for any training provided and certification issued during that calendar year. The report shall contain the following information regarding each person who completes the training and exam described in
sub. (1) (c) during the calendar year:
NR 5.18(2)(c)2.c.
c. The date each person's temporary boating education certificate was issued.
NR 5.18(2)(c)3.
3. Rental agents shall maintain a written or electronic record of all information required under
subd. 2. for a period of 2 years after the deadline for submitting the information to the department a required under
subd. 2.
