TITLE 4. CONSERVATION AND NATURAL RESOURCES
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.
Title of Regulation: 4VAC15-390. Watercraft: Safe and Reasonable Operation of Vessels (amending 4VAC15-390-10, 4VAC15-390-85, 4VAC15-390-140).
Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.
Public Hearing Information:
August 22, 2024 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Henrico, VA 23228.
Public Comment Deadline: September 10, 2024.
Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) correct the citation to the Inland Navigation Rules found at 33 CFR Parts 83 through 88, as established by the U.S. Coast Guard; and (ii) clarify language prohibiting operation of a motorboat with passengers riding or sitting on the bow, gunwales, or transom or on the decking over the bow of the vessel without adequate guards or railing.
4VAC15-390-10. Applicability.
The following sections in this chapter apply to the operation of "vessels," as defined in § 29.1-700 of the Code of Virginia, on all waters within the Commonwealth. Vessels complying with the Inland Navigation Rules, 33 CFR Parts 83, 84, and 86, 87, and 88, as established by the U.S. Coast Guard, are considered to be in compliance with the requirements of this chapter.
4VAC15-390-85. Operators to give right-of-way and reduce speed.
Every motorboat, when approaching or passing within 200 feet of any law-enforcement vessel or emergency services vessel that is displaying flashing blue, red, or public safety lights, as defined in 33 CFR Part 88, shall slow to no wake speed so that the effect of the wake does not disturb the activities of law-enforcement personnel or emergency services personnel. Where the operator of a motorboat fails to comply with the provisions of this section and such failure endangers the life or limb of any person or endangers or damages vessels, the operator shall be guilty of a Class 3 misdemeanor. Upon conviction, the operator shall additionally be required to complete and pass a National Association of State Boating Law Administrators approved safe boating course as required in § 29.1-746 of the Code of Virginia.
4VAC15-390-140. Riding on decks and gunwales.
It shall be unlawful for the operator of a motorboat to allow operate a vessel while any person to ride or sit is riding or sitting on the bow, gunwales, or transom, or on the decking over the bow of the vessel while under power unless such motorboat is provided with adequate guards or railing to prevent passengers from falls overboard. Nothing in this section shall be construed to mean that passengers or other persons aboard a watercraft cannot occupy these areas of the vessel to moor or anchor the watercraft, to cast off, or for any other necessary purpose. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor as provided by § 29.1-738 of the Code of Virginia.
VA.R. Doc. No. R24-7954; Filed July 15, 2024