Boats.com - Rules and Regulations: Boating Regulations

The U.S. Coast Guard does not require the operator of a recreational boat to have an operator license or permit. If, however, you are carrying passengers for hire, a license is required. There are licenses for various numbers of passengers, size of vessel, and waters used. Contact your local Coast Guard District for further information.

Some states require that children under a specified age - it varies from state to state - must have taken a boating course and received a operator's permit. Several states are contemplating licensing for all vessel operators.

U.S. recreational craft are not required to "clear"; that is, obtain permission to depart, when leaving a U.S. port for a foreign destination. Clearance may be required when leaving a foreign port - be sure to ask on arrival.

All vessels, U.S. and foreign flag, must "enter" when arriving in the United States from a foreign port. The procedures are simple for U.S. recreational craft, but vary with the arrival port. A single telephone call or visit by an officer will usually take care of the requirements of customs, immigration, public health, and animal and plant quarantine. The surest way to know what is required is to ask before departing on an overseas cruise.

The requirements and procedures for U.S. commercial and all foreign-flag vessels is more complicated, but not onerous. A radio call to the local Coast Guard station will usually provide all necessary guidance.

The Refuse Act of 1899 prohibits throwing, discharging, or depositing any refuse matter of any kind (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States.

The Federal Water Pollution Control Act prohibits the discharge of oil or hazardous substances that may be harmful into U.S. navigable waters. Vessels 26 feet in length and over must display a placard at least five by eight inches, made of durable material, fixed in a conspicuous place in the machinery spaces, or at the bilge pump control station, stating the following:

The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste upon or into any navigable waters of the U.S. The prohibition includes any discharge which causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and/or criminal sanctions including fines and imprisonment.

Regulations issued under the Federal Water Pollution Control Act require all vessels with propulsion machinery to have a capacity to retain oil mixtures on board. A fixed or portable means to discharge oily waste to a reception facility is required. A bucket or bailer is suitable as a portable means of discharging oily waste on recreational vessels. No person may intentionally drain oil or oily waste from any source into the bilge of any vessel. You must immediately notify the U.S. Coast Guard if your vessel discharges oil or hazardous substances in the water. Call toll-free 800-424-8802 (in Washington, D.C., (202) 267-3675).

The Act to Prevent Pollution from Ships (MARPOL ANNEX V) places limitations on the discharge of garbage from vessels. It is illegal to dump plastic trash anywhere in the ocean or in navigable waters of the United States. It is also illegal to discharge garbage in the navigable waters of the United States, including the Great Lakes. The discharge of other types of garbage is permitted outside of specific distances offshore as determined by the nature of that garbage.

United States vessels of 26 feet or longer must display in a prominent location, a durable placard at least 4"x 9" that notifies the crew and passengers of the discharge restrictions (as shown).

United States oceangoing vessels of 40 feet or longer that are engaged in commerce or are equipped with a galley and berthing, must have a written Waste Management Plan describing the procedures for collecting, processing, storing, and discharging garbage, and designate the person who is in charge of carrying out the plan.

1) Plastics, including synthetic ropes, fishing nets, and plastic bags may not be discharged in any area.
2) Floating dunnage, lining, and packing materials may not be discharged less than 25 miles from the nearest land.
3) Food waste, paper, rags, glass, metal, bottles, crockery, and similar refuse may not be discharged less than 12 miles from the nearest land.
4) Comminuted or ground food waste, paper, rags, glass, etc. may not be discharged less than 3 miles from the nearest land.

All recreational boats with installed toilet facilities must have an operable marine sanitation device (MSD) on board. Vessels 65 feet and under may use a Type I, II, or III MSD. Vessels over 65 feet must install a Type II or III MSD. All MSDs must be Coast Guard certified.

Type I and II MSDs are flow-through treatment systems that treat the sewage using chemical, electrical, and/or incineration methods before discharging the waste overboard. A Type II MSD treats the sewage more completely than a Type I. If you have this type of treatment system, avoid discharging when in shallow water, near shellfish beds, in confined harbors or near bathing areas. Type III MSDs are holding tanks for storing the sewage aboard the boat. The tank may be discharged outside the three-mile U.S. territorial limit. Within the limit, or in no-discharge zones, the tank must be emptied at a shoreside pumpout station. When within the limit, the handle of the discharge valve should be removed or padlocked in the closed position to prevent unauthorized use.

(Refer to Chapter 6, Communications, for a detailed discussion of these regulations.)

The Vessel Bridge-to-Bridge Radiotelephone Act is applicable on navigable waters of the United States inside the boundary lines established in 46 CFR 7. In all cases, the Act applies on waters subject to the Inland Rules. In some instances, the Act may apply all the way out to the three-mile limit, depending on where the boundary lines are located. In no instance does the Act apply beyond the three-mile limit.

(a) The purpose of this part is to implement the provisions of the Vessel Bridge-to-Bridge Radiotelephone Act. This part:

(1) Requires the use of the vessel bridge-to-bridge radiotelephone;
(2) Provides the Coast Guard's interpretation of the meaning of important terms in the Act; and
(3) Prescribes the procedures for applying for an exemption from the Act and the regulations issued under the Act and a listing of exemptions.

(b) Nothing in this part relieves any person from the obligation of complying with the rules of the road and the applicable pilot rules.

"Secretary" means the Secretary of the Department in which the Coast Guard is operating;

"Act" means the "Vessel Bridge-to-Bridge Radiotelephone Act," 33 U.S.C. Sections 1201-1208;

"Length" is measured from end to end over the deck, excluding sheer; "Power-driven vessel" means any vessel propelled by machinery; and "Towing vessel" means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.

"Vessel Traffic Services" (VTS) means a service implemented under part 161 of this chapter by the U.S. Coast Guard, designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area.

"Vessel Traffic Service Area or VTS Area" means the geographical area encompassing a specific VTS area of service as described in Part 161 of this chapter. This area of service may be subdivided into sectors for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements.

Note: Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area.

(a) Unless an exemption is granted under 26.09 and except as provided in paragraph (a)(4) of this section, this part applies to:

(1) Every power-driven vessel of 20 meters or over in length while navigating;
(2) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating;
(3) Every towing vessel of 26 feet or over in length while navigating; and
(4) Every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels except for an unmanned or intermittently manned floating plant under the control of a dredge.

(b) Every vessel, dredge, or floating plant described in paragraph (a) of this section must have a radiotelephone on board capable of operation from its navigational bridge, or in the case of a dredge, from its main control station, and capable of transmitting and receiving on the frequency or frequencies within the 156-162 MHz band using the classes of emissions designated by the Federal Communications Commission for the exchange of navigational information.

(c) The radiotelephone required by paragraph (b) of this section must be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States.

(d) The radiotelephone required by paragraph (b) of this section must be capable of transmitting and receiving on VHF FM Channel 22A (157.1 MHz).

(e) While transiting any of the following waters, each vessel described in paragraph (a) of this section also must have on board a radiotelephone capable of transmitting and receiving on VHF FM Channel 67 (156.375 MHz):

(1) The lower Mississippi River from the territorial sea boundary, and within either the Southwest Pass safety fairway or the South Pass safety fairway specified in 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near Baton Rouge;
(2) The Mississippi River-Gulf Outlet from the territorial sea boundary, and within the Mississippi River-Gulf Outlet safety fairway specified in 33 CFR 166.200, to that channel's junction with the Inner Harbor Navigation Canal; and
(3) The full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to that canal's entry to Lake Pontchartrain at the New Seabrook vehicular bridge.

(f) In addition to the radiotelephone required by paragraph (b) of this section, each vessel described in paragraph (a) of this section while transiting any waters within a Vessel Traffic Service Area, must have on board a radiotelephone capable of transmitting and receiving on the VTS designated frequency in Table 26.03(f) (VTS Call Signs, Designated Frequencies, and Monitoring Areas), located just following this section.

Note:A single VHF-FM radio capable of scanning or sequential monitoring (often referred to as "dual watch" capability) will not meet the requirements for two radios.

(a) No person may use the frequency designated by the Federal Communications Commission under section 8 of the Act, 33 U.S.C. 1207(a), to transmit any information other than information necessary for the safe navigation of vessels or necessary tests.

(b) Each person who is required to maintain a listening watch under section 5 of the Act shall, when necessary, transmit and confirm, on the designated frequency, the intentions of his vessel and any other information necessary for the safe navigation of vessels.

(c) Nothing in these regulations may be construed as prohibiting the use of the designated frequency to communicate with shore stations to obtain or furnish information necessary for the safe navigation of vessels.

(d) On the navigable waters of the United States, Channel 13 (156.65 MHz) is the designated frequency required to be monitored in accordance with section 26.05(a), except that in the area prescribed in section 26.03(e), Channel 67 (156.375 MHz) is the designated frequency.

(e) On those navigable waters of the United States within a VTS area, the designated VTS frequency is the designated frequency required to be monitored in accordance with ¤26.05.

Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency.

Section 5 of the Act states: (a) The radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this Act.

Section 6 of the Act states: (a) Whenever radiotelephone capability is required by this Act, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel.

No person may use the services of, and no person may serve as, a person required to maintain a listening watch under section 5 of the Act, 33 U.S.C. 1204, unless the person can communicate in the English language.

(a) Any person may petition for an exemption from any provision of the Act or this part;
(b) Each petition must be submitted in writing to U.S. Coast Guard (G-NSR), 2100 Second Street, SW, Washington, D.C. 20593, and must state:

(1) The provisions of the Act or this part from which an exemption is requested; and
(2) The reasons why marine navigation will not be adversely affected if the exemption is granted and if the exemption relates to a local communication system how that system would fully comply with the intent of the concept of the Act but would not conform in detail if the exemption is granted.

(a) All vessels navigating on those waters governed by the navigation rules for the Great Lakes and their connecting and tributary waters (33 U.S.C. 241 et seq.) are exempt from the requirements of the Vessel Bridge-to-Bridge Radiotelephone Act and this part until May 6, 1975.

(b) Each vessel navigating on the Great Lakes as defined in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to which the Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208) applies is exempt from the requirements in 33 U.S.C. 1203, 1204, and 1205 and the regulations under sections 26.03, 26.04, 26.05, 26.06, and 26.07. Each of these vessels and each person to whom 33 U.S.C. 1208(a) applies must comply with Articles VII, X, XI, XII, XIII, XV, and XVI and Technical Regulations 1-9 of "The Agreement Between the United States of America and Canada for Promotion of Safety on the Great Lakes by means of Radio, 1973."

(a) Whoever, being the master or person in charge of a vessel subject to the Act, fails to enforce or comply with the Act or the regulations hereunder; or whoever, being designated by the master or person in charge of a vessel subject to the Act to pilot or direct the movement of a vessel fails to enforce or comply with the Act or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the secretary.

(b) Every vessel navigated in violation of the Act or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the secretary, for which the vessel may be proceeded against in any District Court of the United States having jurisdiction.

(c) Any penalty assessed under this section may be remitted or mitigated by the secretary, upon such terms as he may deem proper.

"Vessel Traffic Services" are defined in the Radiotelephone Regulations. Following are the specific VTS stations with their call signs, designated frequencies, and monitoring areas.

Note: In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communication may be established on an alternate VTS frequency. The bridge-to-bridge navigation frequency, 156.650 MHz (Channel 13), is monitored in each VTS area. It may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means.

Note: Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. navigable waters, designated frequency monitoring is voluntary. However, prospective VTS users are encouraged to monitor the designated frequency.

The waters of the Lower New York Bay west of a line drawn from Norton Point to Breezy Point and north of a line drawn from Ambrose Entrance Lighted Gong Buoy - to Ambrose Channel Lighted Gong Buoy #9 thence to West Bank Light and thence to Great Kills Light. The waters of the Upper New York Bay, south of 40°42.40'N (Brooklyn Bridge) and 40°43.70'N (Holland Tunnel Ventilator Shaft); and in Newark Bay, north of 40°38.25'N (Arthur Kill Railroad Bridge), and south of 40°41.95'N (Lehigh Valley Draw Bridge); and the Kill Van Kull.

The waters of Raritan Bay east of a line drawn from Great Kills Light to Point Comfort in New Jersey and south of a line drawn from Great Kills Light to West Bank Light to Ambrose Channel Lighted Gong Buoy #9 thence to Ambrose Channel Lighted Gong Buoy - and west of a line drawn from Ambrose Channel Lighted Gong Buoy #9, thence to Ambrose Channel Lighted Gong Buoy - and west of a line drawn from Ambrose Channel Lighted Gong Buoy - to the Sandy Hook Channel Entrance Buoys (Lighted Gong Buoys - and #2).

The navigable waters north of 29°N, west of 94°20'W, south of 29°49'N, and east of 95°20'W.

The navigable waters north of a line extending due west from the southern most end of Exxon Dock - (29°43.37'N, 95°01.27'W).

The navigable waters south of a line extending due west from the southern most end of E on Dock -1.27'W).

The navigable waters south of 29°45'N, west of 91°10'W, north of 29°37'N, and east of 91°18'W.

The navigable waters of the St. Mary's River between 45°57'N (De Tour Reef Light) and 46°38.7'N (Ile Parisienne Light), except the St. Mary Falls Canal and those navigable waters east of a line from 46°04.16'N and 46°01.57'N (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay).

The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8'N, 122°34.6'W) excluding the San Francisco Offshore Precautionary Area.

The waters of the San Francisco Offshore Precautionary Area eastward to San Francisco Bay including its tributaries extending to the ports of Stockton, Sacramento and Redwood City.

Note: A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction.

The navigable waters of Puget Sound, Hood Canal, and adjacent waters south of a line connecting Marrowstone Point and Lagoon Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline.

Note: Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitoring area as defined above. This does not require a vessel to monitor both primary frequencies.

The navigable waters of the Strait of Juan de Fuca east of 124°40'W. Excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52'W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Marrowstone Point and Lagoon Point, and all waters east of Whidbey Island north of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline.

The waters west of 124°40'W. Within 50 nautical miles of the coast of Vancouver Island including the waters north of 48°N and east of 127°W.

Note: A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency monitoring is voluntary in these portions outside of VTS Jurisdiction, however, prospective VTS Users are encouraged to monitor the designated frequency.

The navigable waters of the Strait of Georgia west of 122°52'W, the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait.

Note: The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level of radiotelephone transmissions does not warrant a designated VTS frequency. The listening watch required by ¤26.05 of this chapter is not limited to the monitoring area.

The navigable waters south of 61°05'N, east of 147°20'W, north of 60°N, and west of 146°30'W; and all navigable waters in Port Valdez.

The navigable waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve-Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above.

U.S. Coast Guard's Boating Safety Hotline:
(800) 368-5647. You can obtain information on boating safety recalls, report defects in boats, receive answers to boating safety questions, and obtain boating safety literature.
For addresses of USCG District offices.

Canadian Coast Guard
Office of Boating Safety
344 Slater Street, 9th Floor
Ottawa, Ontario K1A0N7
613-990-3116

Canadian Marine Rescue Auxillary safety line: 800-267-6687
United Safe Boating Institute
1504 Blue Ridge Road
Raleigh, NC 27607
919-821-0281

BOAT U.S. Foundation
880 South Pickett Street
Alexandria, VA 22304-4606
703-823-9550

The American Boat & Yacht Council (ABYC)
3069 Solomon's Island Road
Edgewater, MD 21037-1416
410-956-1050

The American Bureau of Shipping (ABS)
2 World Trade Center, 106th Floor
New York, NY 10048-0203
212-839-5000