MONTANA STATE SPECIFIC LAWS

There are many types of personal Watercraft (PWC) and they differ in the performance, stability and the amount of skill needed to operate them. PWC require a sense of balance and willingness to get wet. These PWC requirements apply in Montana:

• Operator age limits: Youth 13 and 14 years of age must have a motorboat operator's certificate if an adult is not on board the PWC. An adult (18 years or older) must accompany youth 12 and younger.

• Rentals: A PWC may not be rented to anyone under 18 years of age.

• Life Jackets: Anyone operating or riding on a PWC must wear a U.S. Coast Guard approved PFD (Type I, II, or III). Read the label to ensure your life jacket is suitable for wearing on a PWC. A life jacket marked for use when water skiing or riding a PWC is desirable due to its high impact rating.

• Lanyard: Many PWC have a lanyard cord connected to the start/stop switch. The PWC will not start unless the lanyard is attached. If a PWC has a lanyard, it must be attached to the operator's wrist or life jacket. If the operator falls off, the engine automatically stops, allowing the operator to swim to the PWC and reboard.

• Fire Extinguisher: One U.S. Coast Guard approved class B-I fire extinguisher charged and in good working order, must be onboard the PWC.

• Registration: All PWC's must be registered with the County Treasurer's office and display proper numbers and decals in accordance with Montana State Law. PWC operators can obtain validation decals from any Montana Fish, Wildlife & Parks (FWP) office.

• Towing: If you tow a person on water skis, kneeboard, tube or other device, with a PWC you must have an additional person on board the PWC to act as an observer. A PWC will likely operate differently while towing so allow for more time to maneuver your craft.

• Steering: PWC operate using a jet pump system - water is drawn into the pump and then forced out a nozzle that pushes the craft forward. PWC do not have an external propeller or rudder. This makes them safe to reboard if the operator falls off.

REQUIRED EQUIPMENT

Montana and federal laws require that basic safety items be on board all boats.

Flotation Devices

• Life jackets: U.S. Coast Guard approved Personal Flotation Devices (PFDs) must fit the intended wearer, be readily accessible, and be in good condition.

• Children under 12 years of age must wear a PFD on a boat less than 26 feet in length that is in motion.

You share the water with others - Behave in a courteous manner!

Excessive speed is dangerous.

Follow posted speed regulations and be aware of NO WAKE areas. NO WAKE means there is no "white" water in the track or path of the PWC. NO WAKE areas are marked with signs or buoys and are found near marinas, docks and boat ramps.

PWC must operate at NO WAKE speed when within 200 feet of a dock, swimmer, swimming raft, non-motorized boat or anchored vessel.

NO-WAKE ZONES ON LAKES WESTERN FISHING DISTRICT

Lakes Greater than 35 Acres - All watercraft operating on public lakes and reservoirs with a surface area greater than 35 acres, within the western fishing district, shall maintain a no-wake speed from the shoreline to 200 feet from the shoreline. The exceptions include:

• PWC which, because of their design or capacity, must maintain a minimum operating speed to remain upright and maneuver in the water, may travel at that minimum operating speed in the most direct route through the no-wake zone to and from shore.

• Any motorized watercraft towing a skier from or to a dock or the shore must travel the most direct route through the no-wake zone.

The following lakes located with the Thompson Chain of Lakes in Lincoln county:

• Crystal Lake

• Horseshoe Lake

• Loon Lake

• Lower Thompson Lake

• McGregor Lake

• Middle Thompson Lake

• Upper lobe of Upper Thompson Lake

NO WAKE SPEED is defined as a speed whereby there is no "white" water in the track or path of the vessel or in created waves immediate to the vessel.

Lakes 35 Acres or Less - All watercraft operating on public lakes and reservoirs in the western fishing district that are 35 acres or less of surface water are limited to no-wake speed.

Watch for other recreators

• Keep a sharp lookout for swimmers, as they may be difficult to see. PWC must stay 200 feet away from swimmers in the water or travel at NO WAKE speed if closer.

• Give sailboats, canoe, kayaks, and rowboats plenty of room; they are not as quick or maneuverable as PWC. PWC must stay 200 feet away from these vessels, or travel at NO WAKE speed if closer.

• Watch for divers and know what their flag looks like. PWC must stay 200 feet away from the "diver down flag".

• Give anglers plenty of room. On boats or ashore, anglers usually have line out which can be cut or damaged by PWC operating too closely. Stay away from people who are fishing.

It's often difficult to judge distances on the water. A good rule of thumb is to stay a football field distance away from other recreators.

Wake Jumping

• It is illegal to cross or jump the wake of another boat when within 100 yards of the vessel (or anything being towed by the vessel). Never weave through congested traffic or operate in a manner that could put yourself or others in danger.

Avoid an Accident

PWC are capable of quick acceleration and are highly maneuverable. PWC do not have brakes. To avoid collisions:

• Avoid tunnel vision and maintain a proper lookout by watching ahead, to the sides and behind your PWC.

• Always look before turning and avoid sudden changes in direction.

• Take a boating course and become familiar with safe boating rules.

Sharing your PWC with others?

Ask these questions before allowing anyone to ride your PWC:

1. Is the person legally old enough to operate the PWC?

2. Does the person know how to operate the PWC? (This includes steering, gas reserves, starting and stopping, safety lanyard, reboarding.)

3. Does the person know the rules of the road on the water?

4. Does the person know the laws for slow, NO-WAKE areas and safe distances from other boaters and swimmers?

RULES FOR OPERATING A BOAT IN MONTANA

Operator Age Limit - Motorboats & Personal Watercraft

Children 12 years old or younger may not operate a motorboat or a PWC powered by a motor rated at more than 10 horsepower unless accompanied by someone 18 years of age or older.

Youths 13 and 14 years of age may not operate those vessels without possessing a valid Montana motorboat operator's safety certificate or evidence of completing an approved boating safety course, or be accompanied by someone 18 years of age or older.

Rented Boats and Watercraft

A person must be 18 years or older to rent a motorboat or a personal watercraft powered by a motor rated at more than 10 horsepower. All required equipment, as described in this booklet, and a copy of the rental agreement must be on board rented vessels.

Water Skiing and Using Other Towed Devices

• Water skiing and other towed recreation is not allowed between sunset and sunrise.

• There must be at least two people in the towing boat: an operator and a person to observe the skier. If the operator is 12 or younger, the observer must be at least 18.

• Anyone towed by a boat must wear a U.S. Coast Guard approved PFD.

• Water skiers must not approach within 50 feet of swimmers or enter a designated swimming area.

Swimming Areas

Designated swimming areas are marked with white and orange buoys. It is unlawful to deface, disturb, remove or relocate any authorized buoys.

Alcohol and Drug Use

It is unlawful to operate or be in actual physical control of a vessel, sailboat, water skis, sailboard, or similar device while under the influence of alcohol or drugs. Montana law states that it is unlawful for a person 21 years of age or older to drive or be in actual physical control of a motor vehicle (including boats) if that person's blood alcohol concentration (BAC) meets or exceeds .08%.

Negligent Operation

Operating a vessel in a manner which may endanger the personal health or damage the property of any person is considered negligent operation. A boat's owner is liable for any injury or damage resulting from negligent operation.

Montana law prohibits:

• Operating a boat in a careless manner including such things as weaving through congested traffic, passing unreasonably or dangerously close to another vessel, and buzzing or spraying down other boats or persons.

• crossing or jumping the wake of another boat within 100 yards of a water skier being towed by the vessel (except when directly entering or leaving a marina or other watercraft docking/loading area)

• travel at a speed which does not permit bringing the boat to a stop within the assured clear distance ahead

• recklessly operating your vessel when you approach, depart from, or pass by a dock, ramp, diving board or float

Observe all "no wake" and speed-limit signs located on the water. Boaters are responsible for any damage caused by their wake.

Check with a local game warden or the Fish, Wildlife and Parks office for additional speed and use restrictions that may apply.

Harassment of Wildlife

Powerboats, and boats under sail, may not be used to disturb, kill, capture, harass, chase, concentrate, drive stir up or cause harm to any upland game birds, game or fur-bearing animals. Motor-driven vehicles may not be used to drive, capture, kill, molest, flush or harass any game animal or bird while hunting.

Respecting Wildlife And Habitat

For your own enjoyment and for the well-being of the wildlife, please observe these viewing tips:

1. If you interrupt an animal's normal behavior, you are too close, to big or too active. Use binoculars or zoom lenses to watch close up. Make yourself as small and unobtrusive as possible, possibly using natural cover as camouflage.

2. Avoid disturbing waterfowl to make them fly.

3. Give nests and nesting areas a wide berth to help protect eggs or the young. When adult birds are forced from a nest, the eggs are exposed to predators and chilling. An absence of only an hour or so may result in the death of the young.

4. In northwest Montana, where loon nests are common, many nesting sites are protected by floating signs.

Stopping The Spread Of Harmful Species

Montana's waters can be threatened by recreationists who unknowingly transport non-native or harmful species of aquatic life or plants from one body of water to another. Montana trout being affected by whirling disease is an example of this. To prevent the spread of harmful species:

1. clean all vegetation and mud off your boat, trailer (check axle, rollers and hitch), motor and equipment before leaving the water access

2. drain and clean your live well, bait containers and engine cooling system after being out on the water

3. remove any mussels from your boat hull

4. it is illegal to dump any live fish into any waters

5. clean and dry your equipment before launching in other waters

Launching and Mooring

Boats must be launched from established launching areas if provided. Boat owners should prepare their vessel for launching before parking at the boat ramp, should launch the vessel quickly, and move the tow vehicle so that others may use the area.

Boats may not be left unattended while moored or attached to a public boat dock. Docks are to be used only for loading and unloading unless otherwise posted.

Discharge of Waste

It is illegal to discharge any garbage, refuse, waste or sewage into or near the water. Boats equipped with toilets or porta-potties must dispose of waste properly. Because there are so few marine pumpout stations in Montana, boaters should check on the local availability of waste disposal stations before using their on-board facilities.

Loading Passengers and Gear

• Do not load a boat with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and operating conditions.

• Distribute the weight of passengers and gear evenly.

• Keep gear low and centered.

• Do not stand or make quick, unbalanced movements in small boats.

Motor Size

It is illegal as well as unsafe to overpower a boat. The U.S. Coast Guard Capacity Plate on each boat provides the recommended power for that vessel.

Noise Limitations

Noise Annoys!

Noise carries farther on the water. Ride well away from the shore and vary your operating area often during your ride. Avoid using PWC in the evening or early morning - the times when others enjoy peace and quiet. Never modify the PWC engine or exhaust if the result is more noise. Excessive noise from PWC is one of the fastest ways to make them unpopular with others who enjoy the water.

Motorboats and PWCs may not exceed a noise level of 86 decibels measure at a distance of 50 feet. At idle speed, exhaust noise may not be in excess of 90 decibels measured one meter from the muffler. More restrictive noise standards have been established for Flathead Lake (Flathead and Lake Counties), Echo Lake (Flathead County) and Swan Lake (Lake County) because of their population density and heavy recreational use. On these waterways a person may not operate a motorboat or PWC in proximity to the shoreline if the noise emitted is greater than 75 decibels measured at shoreline in accordance with the shoreline sound level measurement procedure.

Certain exceptions from Montana laws are made for state-sanctioned regattas or boat races and by special permit.

Races, Regattas and Other Marine Events

Written permission from Montana Fish, Wildlife and Parks is necessary to conduct a boating race, regatta or other marine event on Montana's waters. Letters of application must be sent at least 30 days prior to the scheduled event.

Mail to: Montana Fish, Wildlife and Parks, Boating Law Enforcement, P.O. Box 200701, Helena, MT 59620-0701.

Restricted Areas - General

• Do not anchor in a position that obstructs a passageway ordinarily used by other vessels.

• Do not operate your boat within 20 feet of the exterior boundary of a designated swimming area marked by white and orange buoys.

• Do not operate a boat within 75 feet of a any person engaged in fishing or hunting waterfowl. If passage within 75 feet is unavoidable then travel at no wake speed or at a minimum speed necessary to maintain upstream progress.

• Do not operate a motorboat within 200 feet of a tow-float or buoy displaying a "diver down" red flag with a white slash except by using a sail or oar. In it's an emergency or if there is insufficient water on either side to avoid passing within the 200-foot safety zone, do not exceed the "no wake" speed. (Note: the burden of proof of the necessity of passing through the safety zone is on the boat operator.)

Local and Federal Regulations

In addition to state boating laws, local government and federal agency regulations may apply to boating activities in some areas. Contact the county sheriff's office or the federal agency for the area where you will be boating to find out if any additional regulations are in effect.

Accidents, Collisions and Casualties

Boating accident reports are required by law and provide valuable information for use in the prevention of future boating accidents. An accident must be reported immediately to the local sheriff's office or game warden if it caused:

• the death or disappearance of any person

• an injury requiring medical treatment beyond first-aid

• property damage in excess of $100

The operator of a boat involved in a collision, accident or other casualty must:

• render practical assistance, without putting self or others in danger, to persons affected by the accident

• give his or her name, address and identification of the boat in writing to any person injured and to the owner of any damaged property.

Boating accident report forms are available from the county sheriff's office, game wardens or any Montana Fish, Wildlife and Parks office.

Enforcement

Authorized officers of Montana Fish, Wildlife and Parks have peace officer status for enforcement of the boating regulations. Sheriffs, peace officers, and U.S. Coast Guard law enforcement officers also have authority to enforce these provisions. Fish, Wildlife and Parks wardens are authorized to stop, halt or inspect vessels in order to enforce the laws of this state.

Penalties

A person convicted of violating Montana's boating laws or regulations may be fined up to $500 and sentenced for up to six months in jail.

Registration

Sailboats that are 12 feet or longer and all motorboats and PWCs must be registered, numbered and display decals. The vessel must be registered at the County Treasurer’s office in the county where the owner resides. Registration fees are based on the length of the vessel. The vessel owner will receive one permanent registration decal as proof of payment fees.

The vessel owner must obtain two free validation decals that are good for a three year period. All validation decals expire on February 29, 2008. Validation decals may be obtained free of charge at any Montana Fish, Wildlife & Parks regional office of from the FWP website at: www.fwp.mt.gov.

Boats that are properly registered in another state may operate in Montana for up to 90 consecutive days.