NORTH DAKOTA STATE SPECIFIC LAWS

North Dakota does not accept PWCSafetySchool.com as a state approved course. However, the information provided in this course is valuable and boaters may present their PWCSafetySchool.com handlebar diploma in addition to the North Dakota Boating classroom course when they take their exam. For more information call: 701.328.6312.

Personal Watercraft (PWC)

No person may operate or permit the operation of a personal watercraft:

1. Without each person on board the personal watercraft wearing a United States Coast Guard approved type I, II, III, or V personal flotation device.



2. Within one hundred feet of a person fishing from a shoreline, swimmer, diving raft, or an occupied, anchored, or non-motorized vessel at greater than slow or no wake speed;



3. While towing a person on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board;



4. Without a lanyard-type engine cutoff switch being attached to the person, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;



5. If any part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;



6. To chase or harass wildlife;



7. Through emergent or floating vegetation at other than slow or no wake speed;



8. In a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within one hundred feet of the other watercraft; or



9. In any other manner that is not reasonable and prudent.

Personal Flotation Devices

One Coast Guard approved Type I, II, or III PFD for each person aboard. Anyone being towed on waterskis, surfboard or similar device must wear a Type I, II, or III PFD while being towed. No person may operate or permit the operation of a personal watercraft without each person on board the personal watercraft wearing a United States Coast Guard approved type I, II, III, or V personal flotation device.

Personal Flotation Devices (PFD's)

It is unlawful for any person to operate or to be a passenger on any vessel less than twenty-seven feet in length unless all persons, ten years of age or younger present on the vessel, wear an appropriately sized and properly fastened United States Coast Guard approved type I, II, or III wearable personal flotation device while the vessel is in operation. A personal flotation device is appropriately sized if it is designed to be worn by a person of similar age, size, or weight as the wearer.

U.S. Coast Guard Approved PFD's

Type I PFD provides the most buoyancy. It is effective for all waters, especially open, rough, or remote waters where rescue may be delayed. It is designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position.

Type II PFD is intended for calm, inland water or where there is a good chance of quick rescue. This type will turn some unconscious wearers to a face-up position. The turning action is not as pronounced nor as effective as a TYPE I.

Type III PFD is an approved device designed to keep a conscious person in a vertical or slightly backward position. It is designed so that wearers can put themselves in a face-up position in the water. The wearer may have to tilt their head back to avoid turning face down.

Type IV PFD is intended for calm, inland water with heavy boat traffic, where help is always present. It is designed to be thrown to a person in the water and grasped and held by the user until rescued. It is not designed to be worn. Type IV devices include buoyant cushions, ring buoys, and horseshoe buoys.

Type V PFD is an approved device that is legal only on PWC when worn by each person on board. It is intended for specific activities and may be carried instead of another PFD only if used according to the approval condition on the label. Some Type V devices provide hypothermia protection. Varieties include deck suits, work vests, board sailing vests, and Hybrid PFDs.

Backfire Flame Arrestors

One Coast Guard approved device is required on each carburetor of all gasoline powered engines, except outboard motors.

Fire Extinguishers

1. None required unless the boat has:



1. Double bottom not sealed to the hull or not completely filled with flotation material; or



2. Closed stowage compartments in which combustible or flammable materials are stored; or



3. Closed compartments under thwarts and seats where portable fuel tanks may be stored; or



4. Closed living spaces; or



5. Permanently installed fuel tanks. If any of the above applies, a Coast Guard approved Type B-I portable extinguisher or a fixed fire extinguishing system in the machinery spaces is required. Class 2 type boats, which are 26 feet but under 40 feet, must have one Coast Guard approved B-II type portable extinguisher, or two Coast Guard approved B-I type portable extinguishers, or a fixed fire extinguishing system in the machinery spaces and one Coast Guard approved B-I type portable extinguisher. Class 3 type boats, which are 40 feet or over in length, must have either three Coast Guard approved B-I type portable extinguishers, or one Coast Guard approved B-I type portable extinguisher and one Coast Guard approved B-I type portable extinguisher, or a fixed fire extinguishing system in the machinery spaces along with one Coast Guard approved B-II type or two Coast Guard approved B-I type portable extinguishers.

Ventilation

All motorboats with enclosed engine or fuel compartments and using gasoline as fuel, must have at least two ventilator ducts fitted with cowls, or the equivalent leading to each such compartment to properly and efficiently ventilate the compartment.

Lighting

All motorboats operating between sunset and sunrise shall exhibit a proper light display.

Boat Operator Requirements

No person under twelve years of age may operate a motorboat (includes personal watercraft) propelled by over a ten horsepower motor unless the operator is accompanied by a person eighteen years of age or older.

No person twelve through fifteen years of age may operate a motorboat (including personal watercraft) propelled by over a ten horsepower motor unless the operator is accompanied by a person eighteen years of age or older or the operator has taken and passed a boating course approved by the North Dakota Game & Fish Department. No person may cause or knowingly permit a minor under sixteen years of age to operate a motorboat propelled by over a ten horsepower motor unless the minor is otherwise authorized to do so.

Contact the North Dakota Game & Fish Department for more information on approved boating courses. Some insurance companies give a premium discount to adults who complete an approved boating course.

Waterskiing & Surfboard:

No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard, or similar device unless there is another person in the towing vessel observing the person or persons being towed.

No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard, or similar device, nor may any person engage in waterskiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.

Exemptions are granted to performers engaged in a professional exhibition as authorized under a permit.

No person shall manipulate any water skis, surfboard, or similar device without wearing a Type I, II, or III PFD (persons sixteen years of age or older engaged in windsurfing or boardsailing are exempt).

No person may operate or manipulate any vessel, towrope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon, to collide with or strike against any object or person.

Non-Powered Boats:

Non-powered boats (no motor aboard) must have a Coast Guard approved Type I, II or III PFD aboard for each person. Non-powered boats operating between sunset and sunrise shall have readily accessible a white light source which shall be temporarily exhibited in sufficient time to prevent a collision and when at anchor between sunset and sunrise must display a white light visible to a boat approaching from any direction.

Boats for Rent

Owners of boats for hire must comply with the registration and equipment regulations except that the Certificate of Number for vessels less than 26 feet in length, leased or rented for less than 24 hours may be retained on shore at the place of rental, but the rental agreement must be carried in the vessel. In addition, owners of boats for hire must comply with rules and regulations governing watercraft for hire.

Prohibited Operation

No person may operate any motorboat or vessel, or manipulate any waterskis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or vessel within one hundred feet of the motorboat or vessel, or in any other manner that is not reasonable or prudent.

No person may operate any motorboat or vessel, or manipulate any waterskis, surfboard, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana.

No person may operate a motorboat or vessel within one hundred feet of a person fishing from a shoreline, swimmer, diving raft, or an occupied or anchored or non-motorized vessel. No person may operate a motorboat or vessel within two hundred fifty feet of a reduced speed or slow or no wake sign at greater than slow or no wake speed.

For purposes of this provision, reckless or negligent operation includes, but is not limited to the following:

1. Use of excessive speed during periods of reduced visibility while in close proximity of other vessels, while in narrow, winding channels, or near docks or marinas



2. Operating in an overloaded condition



3. Operating within swimming areas designated by markers or by the presence of swimmers



4. Operating near dams and other hazardous waters



5. Operating in such a manner as to cause a dangerous or damaging wake



6. Towing water skiers near other vessels or obstructions, into other hazardous areas, or into swimming areas designated by markers or by the presence of swimmers



7. Operation in such a manner as to molest or annoy persons lawfully engaged in fishing



8. Continued use or refusal to terminate use of a boat after being ordered to correct an especially hazardous condition by a law enforcement officer.

Boating Under Influence

Intoxication testing of boat operators (BUI):
Game wardens or law enforcement officers who have probable cause that a motorboat operator is under the influence of intoxicating liquor, drugs or combination thereof may require the operator to take a test to determine his/her sobriety.

Termination of Unsafe Use

Any law enforcement officer who observes a vessel being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in Department regulations and in his judgment such use creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. For the purpose of this provision, an unsafe condition is any of the following:

1. Operating without required Boat Safety Equipment



2. Operating in an overloaded condition



3. Fuel leakage or presence of fuel in the bilges



4. Riding on the bow, gunwales, transom, or on the backs of seats without taking precautions sufficient to prevent falls overboard



5. Operating a boat in a state of gross disrepair, rendering it in un-seaworthy condition



6. Operating in weather or water conditions which endanger the boat and its occupants.

Boat Capacity

No boat or pontoon may be loaded over capacity. Consult the capacity plate on the boat, if one exists, and do not load the boat beyond the capacity listed. For boats which have no capacity plate, the performance of the boat in the water is the ultimate test.

If there is no capacity label use the following formula to determine the maximum number of persons you can safely carry in calm weather. The formula is: The length of the boat X (times) the width divided by fifteen equals the number of people. For example: a 15 foot boat with a 4 foot width (60 divided by 15) would be able to carry four people.

Hypothermia

Hypothermia, the loss of body heat to the water, is probably the greatest cause of water related deaths. Often the cause of death is listed as drowning; but, most often the primary cause is hypothermia and the secondary cause is drowning. After an individual has succumbed to hypothermia, he/she will lose consciousness and then drown.

PFD's can increase survival time because of the insulation they provide. Naturally, the warmer the water, the less insulation one will require. When operating in cold waters (below 40° F) consideration should be given to using a coat or jacket style PFD as they cover more of the body than the vest style PFD.

Lighting

Lights when anchored or operating non-powered boats:

Power boats under 65 feet and all sailing vessels at anchor must display anchor lights except in special anchorage areas. An anchor light is a white light visible to a boat approaching from any direction, and is displayed in the fore part of the vessel.

Lights for non-powered boats:

All non-powered boats operating between sunset and sunrise shall have readily accessible a white light source which shall be temporarily exhibited in sufficient time to prevent a collision.

Less than 26 feet

Motorboats operating between sunset and sunrise shall exhibit a twenty point (225 degree) combination red and green bow light, visible for one mile, the left side being red, the right side being green, and thirty-two point (360 degree) white stern light visible for two miles, placed higher than the bow light and unobstructed by occupants or portions of the vessel. In addition, all vessels at anchor between sunset and sunrise must display a white anchor light visible to a boat approaching from any direction.

26 feet to not more than 65 feet

Motorboats operating between sunset and sunrise shall exhibit a twenty point (225 degree) white bow light visible for two miles, a red ten point (112 1/2 degree) side light on the left side and a green, ten point (112 1/2 degree) side light on the right side, both visible for one mile (the arc of visibility of the side lights must begin parallel to the center-line of the vessel and extend ten points toward the stern) and a thirty-two point (360 degree) white stern light visible for two miles, placed higher than the bow light and unobstructed by occupants or portions of the vessel. In addition all vessels at anchor between sunset and sunrise must display a white anchor light visible to a boat approaching from any direction.

Important: Stern lights must be placed high enough that their light will not be blocked by persons or parts of the boat or its equipment.

Sanitation Devices

Every vessel must have aboard: If equipped with a marine toilet or other similar device for the disposition of sewage or other wastes, only that type of marine toilet equipped with a treatment device meeting standards established by the state water pollution control board. The board shall furnish a list of the types of treatment devices currently available and considered acceptable for use with marine toilets under this subsection. No person owning or operating a vessel upon North Dakota waters may use, operate, or permit the use or operation of any marine toilet or similar device unless it is approved under this subsection. No person may discharge into the waters of this state, directly or indirectly from a vessel, any untreated sewage or other wastes. No container of untreated sewage or other wastes may be placed, left, discharged, or caused to be placed, left, or discharged in or near any waters of this state from a vessel in such a manner or quantity as to create a nuisance or health hazard, or pollute such waters.

Such additional equipment designed to promote the safety of navigation and of persons as the department may find appropriate and for which it has provided in its rules and regulations.

No person may operate or give permission for the operation of a vessel which is not equipped as required by this section or modification thereof.

Outboard Motor Serial Numbers

No outboard motor manufactured after January 1, 1980, shall be sold or offered for commercial sale by a dealer in this state unless the motor has permanently engraved thereon by the manufacturer an identifying serial number. The serial mark shall be of a permanent nature so as to prevent or discourage the removal, defacing, alteration, or destruction thereof.

No person may possess, repair, or sell an outboard motor, acquired after January 1, 1980, from which the serial number has been removed.

Divers Flag

The Diver's Flag must be displayed on a float or buoy during any diving or spear fishing. Operators of boats must exercise caution when near a diver's flag.

Collisions, Accidents, Casualties and Liability

The operator/owner of a vessel used for recreational purposes is required to file a report in writing whenever an accident results in: loss of life or disappearance from a vessel; an injury which requires medical treatment beyond first aid; or property damage in excess of $500 or complete loss of the vessel. Reports in death and injury cases must be submitted within 48 hours. Reports in other cases must be submitted within 5 days. Reports must be submitted to the reporting authority in the state where the accident occurred. For more information contact the North Dakota Game & Fish Department - (701) 328-6300.

Report Law Violations

Game wardens and other law enforcement officers can be contacted by phoning (toll free):

State Radio Communications 1-800-472-2121 or 328-9921 in the Bismarck area.

Local Regulations

Some North Dakota lakes have watercraft restrictions such as "Idle Speed Only" or "Electric Motors Only" or maximum horsepower limitations. For more information contact the Department, or refer to the current North Dakota Fishing Waters guide.

Out of State Operation

Boating laws and regulations vary from state to state. If planning on taking your boat out of state, determine what the boating and trailer regulations are in the state where you plan on boating, and prepare yourself, your boat, and your trailer to abide by them, and avoid a costly fine or delay.

MEASURE YOUR BOAT TO DETERMINE WHAT CLASS IT IS IN

When measuring a vessel, measure from the forward end to the after end across the deck down the center line, excluding the sheer. This means in a straight line and only that part of the hull that is permanent.

EQUIPMENT

• CLASS A (Under 16 feet in length)



• CLASS 1 (16 feet, but under 26 feet)



• CLASS 2 (26 feet, but under 40 feet)



• CLASS 3 (40 feet or over in length)

Registration & Numbering

Every motorboat, principally used in North Dakota that is powered by any motor (including electric motors) must be registered with the Game and Fish Department.

Who Must Register Boats

Owners of any watercraft propelled by motors must register their vessels with the Game and Fish Department. The vessel owner will receive a pocket size Certificate of Number which must be carried on the vessel when in operation.

Application blanks are available at boat dealers, county auditors, and from Game and Fish Department personnel. The blanks must be filled out properly and mailed to:

North Dakota Game & Fish Department
100 North Bismarck Expressway
Bismarck, ND 58501-5095
Phone (701) 328-6300
Licensing (701) 328-6335

Attaching the Number to the Boat

The number appearing on the Certificate of Number must be painted or permanently attached to each side of the forward half of the vessel near the bow. The number must be in contrasting color to the hull in plain vertical block letters at least three inches in height excluding any border, trim, outlining, or shading, and must be maintained in a legible condition so that it is clearly visible in daylight hours. The number shall read from left to right and groups of numbers and letters must be separated by a space or a hyphen equivalent in width to the letter M. A validation sticker, issued by the Department must be displayed on the boat within six inches of the number, toward the rear of the boat. No other numbers are to be displayed in this area.

Changes of Address or Ownership:

Notice: If any of the following instances occur, you are required to notify the Game & Fish Department within 15 days:

• Your address changes



• Boat ownership changes



• Your boat is destroyed or abandoned



• Your boat is stolen or recovered

The certificate of number is not transferable. Anyone purchasing a boat must register the boat in their name even if the boat is already registered by the previous owner.

Loss of Certificate of Number

The Game & Fish Department is authorized to issue a new Certificate of Number to replace the one lost. The cost of the replaced Certificate of Number is the same as a new one.

Non-Residents

North Dakota law permits the use of boats legally numbered under the numbering system of another state for a period of 90 days. Motorboats from foreign countries may temporarily use the waters of North Dakota without a Certificate of Number.