MAINE STATE SPECIFIC BOATING LAWS/RULES

All the laws and regulations have either been passed by the Legislature or adopted by the Commissioner of Inland Fisheries & Wildlife. For detailed information contact any office of the Maine Department of Inland Fisheries and Wildlife (DIF&W).

DEFINITIONS

Aquatic Plant: A vascular plant species that requires a permanently flooded freshwater habitat.

Federal Waters: All the waters not internal and subject to the jurisdiction of the United States.

Internal Waters: Waters under the exclusive jurisdiction of the State of Maine.

Motorboat: Any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, that is permanently or temporarily attached, or is available for propulsion on the watercraft.

Operator: The person who is in control or in charge of a watercraft while it is in use.

Personal Watercraft: Any motorized watercraft that is 14 feet or less in hull length as manufactured, has as its primary source of propulsion an inboard motor powering a jet pump and is capable of carrying one or more persons in a sitting, standing or kneeling position.

Watercraft: Any type of vessel, boat, canoe or craft used or capable of being used as a means of transportation on water other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, and which are customarily used in the operations of the watercraft. "Watercraft" does not include a vessel, boat, canoe or craft located and intended to be permanently docked in one location and not used as a means of transportation on water.

Waters of this State: All internal waters and all federal waters within the jurisdiction of Maine.

Water Safety Zone: The area of water within 200 feet of any shoreline, whether the shoreline of the mainland or of an island.

PERSONAL WATERCRAFT REQUIREMENTS

• Any person under 16 years of age may not operate a personal watercraft which includes jet-skis.

• Anyone operating or riding on a personal watercraft must wear a Type I, II or III PFD.

• The parent or guardian of a minor under 18 years of age is responsible for the minor's actions while operating a personal watercraft.

• Personal watercraft may not be operated during the hours between sunset and sunrise.

Please be aware that many waters have prohibitions on operating personal watercraft.

AGE REQUIREMENTS

When operating a motorboat with more than 10 horsepower, a person under the age of 12 must be under the immediate supervision of a person located in the boat who is at least 16 years of age. A person under 16 years of age may not operate personal watercraft.

SPEED REGULATIONS

Watercraft may not be operated at a speed greater than headway speed while within the water safety zone or within a marina or an approved anchorage in coastal or inland waters except while actively fishing. "Headway speed" means the minimum speed necessary to maintain steerage and control of the watercraft while the watercraft is moving. The operator of any watercraft must operate at a reasonable and prudent speed for existing conditions and regulate the speed of a watercraft so as to avoid danger, injury or unnecessary inconvenience in any manner to other watercraft and their occupants, whether anchored or under way. The operator must consider the effect of the wash or wave created by their watercraft to waterfront piers, floats or other property or shorelines.

SWIMMING AREA

A motorboat cannot be operated in an area marked or buoyed for swimming.

UNLAWFULLY PERMITTING OPERATION

It is unlawful for the owner of a watercraft to negligently permit another person to operate the watercraft in violation of law.

BOATING & ALCOHOL

Any person who operates or attempts to operate any watercraft while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or while having 0.08% or more by weight of alcohol in that person's blood is guilty of a criminal violation. The operator of any watercraft must complete a blood-alcohol test when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate a watercraft while under the influence of intoxicating liquor; or when the person was the operator of a watercraft involved in a watercraft accident which results in the death of any person.

IMPRUDENT OPERATION

A person is guilty of imprudent operation of a watercraft if that person, while operating a watercraft on the inland or coastal waters of the Maine, engages in prolonged circling, informal racing, wake jumping or other types of continued and repeated activities that harass another person.

RECKLESS OPERATION OF A WATERCRAFT

It is illegal to operate any watercraft, water ski, surfboard or similar device in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

BOATING ACCIDENTS

As the operator of a watercraft, a person is required by law to file a formal, written report of any collision, accident or other casualty or damage to any watercraft or other property, by the quickest means of communication, to the nearest available law enforcement officer to where the accident occurred:

Within 24 hours of the occurrence if a person dies, disappears, loses consciousness, receives medical treatment, or is disabled for more than 24 hours, OR

Within 72 hours of the occurrence if the accident involved damage only to watercraft or other property to the estimated amount of $1,000.

Boating accidents include:

• Grounding

• Collision

• Capsizing

• Falls Overboard

• Disappearance (other than theft)

• Explosion

• Flooding

• Sinking

• Struck by Boat/Prop

• Fire

• Swamping

The operator of a watercraft which is involved in a collision, accident or other casualty must render all necessary aid and assistance to all persons involved, so far as can be done without serious danger to his/her watercraft, crew and passengers. They must also give their name, address and watercraft identification to any person injured and to the owner of any property damaged.

WATERSKIING

1. Watercraft towing a person or persons on water-skis, surfboards, aquaplanes or similar devices shall not operate within the water safety zone. A person may not manipulate any watercraft, tow rope or other device in a way that will cause the device, or any person on the device, to enter the water safety zone.

   EXCEPTION: A watercraft may enter or leave the water safety zone, as directly as possible, to pick up or drop off water skiers, surfboarders or persons on similar devices. In doing so, it is the watercraft operator's responsibility not to endanger any person or property.

2. Watercraft towing a person or persons on water skis, surfboard or other similar devices must have a person in the watercraft who is at least 12 years of age, in addition to the operator, who is in a position to continually observe the person or persons being towed

3. No person shall operate any watercraft for the purpose of towing a person or persons on water-skis, surfboards, or similar devices nor shall any person water-ski, surfboard or use similar devices on any waters of this State between the hours of 1/2 hour after sunset until 1/2 hour before sunrise.

4. Any person being towed on water skis, surfboards, or similar devices must wear a life jacket, life belt, or similar life saving device. The operator of a watercraft shall not tow a person or persons on water skis, a surfboard or similar device, unless the person being towed has complied with this requirement.

   EXCEPTION: Performers engaged in exhibitions or tournaments authorized by the Department do not need to comply with this requirement.

MANDATORY WEARING OF YOUR PFD

While wearing your PFD is not normally required by law, there are some exceptions to this.

• Children 10 years of age and under must wear a Type I, II, or III PFD while on board all watercraft.

• Anyone canoeing or kayaking on the Saco River between Hiram Dam and the Atlantic Ocean between January 1st and June 1st must wear a Type I, II, or III PFD.

• Anyone operating a watercraft on the Penobscot River, between the gorge and the head of Big Eddy, and on the Kennebec River, between Harris Station and Turtle Island, at the foot of Black Brook Rapids, must wear a Type I, II or III PFD.

• Anyone operating or riding on a personal watercraft (jet-ski, etc.) must wear a Type I, II, or III PFD.

• Any person being towed on water-skis, surfboards, or similar devices must wear a life jacket, life belt, or similar lifesaving device.

EXCEPTIONS

1. Canoes, owned by a boys' or girls' summer camp located upon internal waters in Maine and duly licensed by the Department of Human Services and utilized by campers under the direction and supervision of a camp counselor at least 18 years of age or older during training and instruction periods on waters adjacent to the main camp within a distance of 500 feet from the shoreline of that camp, shall be exempt from the PFD requirements.

2. Log rafts, carrying not more than 2 persons and used on ponds or lakes or internal waters of less than 50 acres in area, are exempt from carrying personal flotation devices.

NAVIGATIONAL REQUIREMENTS

1. It is illegal to operate a watercraft to molest wild animals or wild birds so as to pursue, molest, harass, drive or herd any wild animal or wild birds, except as may be permitted during the open season on that animal.

2. When watercraft are approaching each other head on, or nearly so, each watercraft shall direct their course to the right and pass on the port side of each other and at a distance and speed so that the wake of each will not endanger the other.

3. When a watercraft desires to pass another watercraft on either side in the same direction, the overtaking watercraft shall keep clear of the overtaken watercraft and shall not pass until it is safe to do so, and then at such speed and distance so as not to endanger the overtaken watercraft. The overtaken watercraft has the right-of-way until the overtaking watercraft has safely passed.

4. When watercraft approach each other at right angles or obliquely, the watercraft approaching on the right (starboard) side has the right-of-way and the other watercraft which has such watercraft on its right side shall keep out of the way of the other by directing her course to starboard so as to cross the stern of the other watercraft, or stop and reverse if necessary to avoid collision.

5. Watercraft under sail alone or being propelled by oars or paddles have the right-of-way over watercraft propelled by machinery, except when overtaking.

6. In narrow channels, streams, thoroughfares, every watercraft shall keep to the right of the middle of the channel in the direction which it is traveling when it is safe and practicable to do so.

7. It shall be the duty of every operator to abide by these rules. However, where immediate danger exists the operator shall, if necessary, depart from these rules to the extent necessary to avoid collision.

UNIFORM WATER MARKING SYSTEM

The Director of the Bureau of Parks and Lands may make rules for the uniform marking of the water areas of this State not otherwise regulated through the placement of aids to navigation and regulatory markers. No city, county or person shall mark the waters of this State in any manner conflicting with the marking system prescribed by the Director of the Bureau of Parks and Lands.

The Maine State Aids To Navigation System is the basic system of waterway markers used on state waters as recommended by the U.S. Coast Guard for the purpose of minimizing hazards to navigation.

Maine cooperates in this nationwide marking system to insure that these buoys and markers will have the same meaning in all states. The system is consistent with the International Association of Lighthouse Authorities (IALA) Maritime Buoyage System (Region B) and is compatible with existing U.S. Coast Guard regulations. The Maine State Aids To Navigation System (M.S.A.T.N.S.) has been developed to guide the watercraft operators on waters of this State.

State waterway markers shall not normally be placed within the Water Safety Zone (200 feet or less from any shoreline), except when marking channels or hazards to navigation in critical high traffic areas. Floating State waterway markers normally will mark hazards covered by less than four (4) feet of water at low water during the boating season. (Typically from Memorial Day to October 1st each year.)

Whoever violates any of the rules and regulations or any notices posted by the Bureau of Parks and Lands at public boat launch facilities, or who willfully mutilates, defaces or destroys any notice, monument or marker lawfully erected within or adjoining the borders of these public facilities shall be guilty of a Class E Crime. Whoever marks waters contrary to the rules established by the Director of the Bureau of Parks and Lands shall be guilty of a Class E crime.

Whoever moors a watercraft to any buoy, beacon or permanent structure placed by the State or any organization authorized to place markers by permit in waters of this State, or in any manner makes fast thereto, shall be guilty of a Class E crime. Whoever intentionally destroys, defaces, damages, moves off station or sinks any buoy, beacon or marking device either floating on the waters of the State or permanently fixed to the land or structures adjacent to the water areas of the State, placed by the State, or any organization authorized to place markers by permit, shall be guilty of a Class E crime.

LITTERING PROHIBITED

No person may throw, drop, deposit, discard or otherwise dispose of litter in any manner or amount: in or on any public highway, road, street, alley, public right-of-way or other public lands, except in containers, receptacles, or on property that is designated for disposal of garbage and refuse; or in any fresh-water lake, river, stream, tidal or coastal water or on ice over the water. When any litter is thrown or discarded from a watercraft both the operator of the watercraft, unless it is a watercraft being used for the carriage of passengers for hire, and the person actually disposing of the litter are in violation of the law.

Unless otherwise indicated, a person who disposes of litter in violation of this chapter commits a civil violation and is subject to a forfeiture of not more than $200 nor less than $25 for the first violation and a forfeiture of not more than $500 nor less than $100 for a subsequent violation. Other penalties may apply.

DISCHARGE OF WASTE FROM WATERCRAFT

No person, firm, corporation or other legal entity shall discharge, spill or permit to be discharged sewage, garbage, or other waste material from a watercraft or houseboat, into inland waters, or on the ice, or on the banks of Maine, in such a manner that the waste may fall or be washed into the water.

Any watercraft or houseboat, operated upon the inland waters of Maine and having a permanently installed sanitary waste disposal system shall have securely affixed to the interior discharge opening of said sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of Maine. The holding tank for sanitary water waste must not in any way be connected to any through-hull fitting.

WATERCRAFT SEWAGE PUMP-OUT FACILITIES AT MARINAS

Marinas serving coastal waters shall provide, or provide through contractual agreements, facilities to remove sanitary waste from the holding tanks of watercraft. A "marina" means any commercial facility that provides supplies and services and has the capacity to provide slip space or moorings for 18 or more vessels which exceed 24 feet in length.

BOAT REGISTRATION INFORMATION

All motorboats of any size, including airmobiles and personal watercraft, must be registered in Maine to be used on the waters of this State, except the following:

1. Watercraft required to have a valid marine document as a watercraft of the United States. Vessels over 5 net ton used for commercial fishing must be documented.

2. Watercraft with valid registration from another state, provided the watercraft registration number is displayed on the motorboat and the motorboat will not be in Maine over 60 consecutive days after the state of principal use has been changed;

3. Military or public watercraft, except recreational type watercraft of the United States;

4. A motorboat owned by the United States, a state, or subdivision thereof, which is used for governmental purposes and clearly identifiable as such;

5. A ship's lifeboat;

6. Motorboats from another country which are not within Maine over 60 consecutive days; and

7. Motorboats used exclusively for racing purposes and displaying a valid boat number issued by a recognized racing association.

TRANSFER OF OWNERSHIP OR CHANGE OF STATUS

Upon the sale of a registered watercraft the person who is named on the registration as owner must remove and destroy the validation stickers on the watercraft and notify the Department of Inland Fisheries and Wildlife of the transfer of ownership within 10 days of the transaction. The validation sticker is not transferable to the new owner. The new owner must register the watercraft for the regular registration fee. It is also the responsibility of the registered owner of a watercraft to notify the Commissioner within 10 days of any of the following:

1. Permanent removal of the watercraft from the State;

2. Destruction or abandonment of the watercraft;

3. Theft or recovery of the watercraft; or

4. Change of address of the owner

DISPLAY OF REGISTRATION NUMBER AND STICKERS

The operator of a motorboat must have the registration on the motorboat and available for inspection by a warden. EXCEPTION: The registration for a watercraft less than 26' and leased or rented to another for non-commercial purposes may be retained on the shore by the owner of the watercraft. The person leasing or renting the watercraft must carry the lease agreement which includes the watercraft registration number, the period of time covered by the lease, and signature of the owner or his representative. The registration number and validation stickers must be legibly displayed on each side of the bow of the boat; painted or permanently attached in a contrasting color to provide the highest degree of visibility. The registration numbers must read from left to right, be not less than 3 inches high, and be vertical block character capital letters and Arabic numerals. The registration validation sticker should go after the registration numbers, and the Lake and River Protection Sticker should be affixed to both sides of the bow above the water line and approximately 3 inches behind the validation sticker. The registration number, registration sticker, and Lake and River Protection Sticker should be displayed on both sides of the bow as shown below:

ME 11ABC

The Prefix (ME) identifies the State. Leave a space the size of a letter between ME and the registration number. (NOTE: Some registration numbers may have 4 numbers and a letter, while others may have two numbers and 3 letters, etc.)

DISPLAY OF STICKERS. A sticker must be affixed to each side of the bow of the watercraft above the waterline and approximately 3 inches to the right of the registration number and validation sticker.