163 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024
Section 163-3-003 - Equipment Standards

Minimum standards for required equipment shall be as provided in the statutes, with the following additions and clarifications. Under authority of and in compliance with Neb. Rev. Stat. §§ 37-1201, 37-1202, 37-1246, 37-1247, 37-1265, 37-1266, 37-1268, the following regulations are prescribed by the Nebraska Game and Parks Commission.

003.01 All vessels permitted by law to be on the water at any time between sunset and sunrise shall in all weathers carry and exhibit when anchored on the waters of this State white lights so fixed as to show all around the horizon and to be visible at a distance of at least two miles, unless anchored in sheltered waters off the main water courses or near docks, harbors, or marinas, or in a marked anchorage area.
003.02 Personal Flotation Devices (PFD)
003.02A Every vessel, except sailboards, or other description of vessel, including any buoyant device capable of being used as a means of transportation on water, shall carry at least one wearable U.S. Coast Guard approved Personal Flotation Devices (PFD) of suitable size for each person on board. All such devices shall be kept in good and seamanlike condition and be so placed as to be readily accessible. Each wearable PFD must be worn and used in accordance with the conditions marked on the device in order to meet U.S. Coast Guard requirements.
003.02B It shall be unlawful for children less than thirteen years to fail to wear U.S. Coast Guard approved PFDs, of suitable size, at all times while aboard any vessel on the waters of the State except when hunting waterfowl in an anchored vessel. Operators of vessels shall at all times be held responsible for this requirement.
003.02C Every vessel carrying passengers for hire shall carry the following listed U.S. Coast Guard approved PFDs. All wearable PFDs must have 31 square inches of retroreflective tape per side. Vessels less than 26 feet shall carry a wearable PFD for each person on board plus one throwable PFD.
003.02C1 Vessels 26 feet, but less than 40 feet shall carry one U. S. Coast Guard approved wearable PFD for each person on board plus one throwable ring buoy size 20, 24 or 30 inch.
003.02C2 Vessels over 40 feet shall carry one offshore wearable PFD for each person on board plus one throwable ring buoy size 20, 24 or 30 inch.
003.03 The fire extinguisher required by the provisions of Neb. Rev. Stat. § 37-1242, for all motorboats operating on the waters within this State shall be of the carbon dioxide, dry chemical, or foam type as currently approved by the U.S. Coast Guard and shall be kept readily accessible, in condition for immediate and effective use, in good and serviceable condition and shall be of the following U.S. Coast Guard classes; B-I = 1.75 gallons of foam, or four pounds of CO2 or two pounds of dry chemical. B-II = 2.5 gallons of foam or 15 pounds of CO2 of dry chemical.
003.03A Provided, racing boats under certain conditions, outboard motorboats less than 26 feet in length which are of open construction and which do not carry passengers for hire shall not be required to carry a fire extinguisher. Class one and two motorboats which are not exempt must carry one such B-I extinguisher. Class three motorboats which are not exempt must carry two B-I or one B-II such extinguisher and class four motorboats which are not exempt must carry three such B-I or one B-I and one B-II extinguisher or if equipped with a fixed system then two B-I or one B-II. All airboats must be equipped with a fire extinguisher according to class as stated above.
003.04 The flame arresters required for all carburetors of motorboats except outboard motors by Neb. Rev. Stat. § 37-1244, shall be of a type and manufacture currently approved by the U.S. Coast Guard and meeting all U.S. Coast Guard specifications.
003.05 A venting system for bilges and fuel tank compartments shall be required for all motorboats using as fuel any liquid of a volatile nature except open motorboats. The minimum requirements for such venting system shall be the following:
003.05A Fill pipes must be firmly attached to tight deck plates.
003.05B The fuel tank vent pipe must lead to open air with a screened outboard end and must be well clear of all hull openings.
003.05C Motorboats must be equipped with one air intake and one air exhaust cowl for each closed fuel and engine compartment, except on open motorboats where gases cannot accumulate in openfuel and open engine spaces. The intake and exhaust cowl must be equipped with ducts, and the hoses must be equipped with ducts, and the hoses must be at least two inches in diameter. The exhaust hose must extend to the bilge and the air intake hose must extend halfway down in the area as far as the carburetor air intake or top fuel tank.
003.06 Every vessel, except personal watercraft, sailboards or similar devices and class 3 or 4 motorboats shall carry an oar or paddle.
003.07 Every vessel, except personal watercraft, sailboards or similar devices shall be equipped with a bailing bucket, efficient bilge pump or sponge.
003.08 Overloading - Loading of vessels shall not exceed reasonable, proper and seaman-like U.S. Coast Guard standards for safe loading. No overloaded vessel shall be operated on the waters of the State. No vessel shall operate or be on any waters of the State if they exceed the limits of either the number of persons or total weight, as indicated by the mandatory U.S. Coast Guard Capacity Plate installed on vessels by manufacturers. If the vessel does not have a U.S. Coast Guard Capacity Plate installed by the manufacturer, the vessel must retain at least one-half (1/2) of the total depth of the vessel above the water when measured at the center of the boat.
003.09 No person shall place or allow to remain on the waters of this State any vessel which is not safe for operation.
003.10 In addition to the sound-producing equipment required by Neb. Rev. Stat. §§ 37-1239 and 37-1240 every vessel of Class I shall carry an efficient whistle. All whistles and bells shall be audible for a distance of one-half (1/2) mile.

163 Neb. Admin. Code, ch. 3, § 003

Amended effective 12/27/2022