Section 163-3-004 - Pilot Rules and NavigationUnder the authority of and in compliance with section 37-1247, R.R.S. 1993, the following regulations in regard to pilot and navigation rules are prescribed by Nebraska Game and Parks Commission and are effective following enactment by the Game and Parks Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.
004.01 Pilot (operator) rules to govern navigation and operation of all vessels in Nebraska shall be the Inland Navigational Rules Act of 1980. 004.01A Crossing - If two vessels are approaching each other at an angle, the vessel to the right shall have the right-of-way and the other vessel shall stay clear.004.01B Overtaking and Passing -- A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is over-taking, that at night she would be able to see only the stern light of that vessel but neither of her sidelights. In such case, the rights and privileges all rest with the leading vessel. The overtaking vessel has no rights whatsoever. In all instances an overtaking vessel must keep clear of an overtaken vessel. 004.01B1 When two vessels are approaching each other head on or nearly so, each operator shall swing the bow of his boat to starboard, operator shall give one short blast of the whistle and in addition indicate his course by swinging the bow of his boat substantially to starboard.004.01B2 A boat with a tow is regarded as one vessel.004.01B3 Boats passing a tow when there is a chance their wash or wake will cause damage must slow down.004.01C MANEUVERING AND WARNING SIGNALS - One short blast shall mean I intend to leave you on my Port (left) side; Two short blasts shall mean I intend to leave you on my Starboard (right) side; Three short blasts shall mean I am operating a stern propulsion (backing up); Five or more short rapid blasts shall mean danger or I fail to understand your intention or actions.004.01C1 OVERTAKING SIGNALS - When intending to overtake another vessel the overtaking vessel shall sound the following signals: One (1) short blast shall mean I intend to overtake you on your starboard (right) side; Two (2) short blasts shall mean I intend to overtake you on your port (left) side.004.01C2 The term "short blast" means a blast of about one second duration. The term "prolonged blast" means a blast of from four to six seconds duration.004.01C3 In all cases sound producing devices must be audible for a distance of 1/2 mile. Unnecessary sounding of whistles. horns, bells or other sound producing devices is prohibited on the waters of this state.004.01C4 In fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, the signals described by this article shall be used as follows, namely;004.01C5 A vessel being towed by another motorboat or vessel shall sound at intervals of not more than two minutes; four blasts in succession, namely one prolonged blast followed by three short blasts.004.01C6 A motorboat underway without a tow shall sound, at intervals of not more than two minutes, one prolonged blast.004.01C7 A motorboat when at anchor unless in other than sheltered waters shall, at intervals of not more than one minute, ring the bell for about five seconds. And, in addition, sound three blasts in succession, namely one short, one prolonged and one short blast to give warning of her position and of the possibility of collision to an approaching vessel.004.01D The uniform state waterway marker system shall be adopted to supplement the federal system and to indicate regulatory areas, speed zones and restricted areas on waters within and bordering the State of Nebraska.004.01D1 The following four state uniform waterway markers are orange and white. Any lettering appearing on these markers will be black: 004.01D1a A diamond shape with cross means boats keep out. Explanatory reasons may be indicated outside the crossed diamond shape - dam, waterfall, rapids, domestic water, swim area, etc.004.01D1b Diamond shape warns of danger. Suggested wording for danger includes rock, dam, snag, dredge, wind-dam, ferry cable, marine construction, etc.004.01D1c Circle marks controlled area (as indicated). Suggested wording for controlled or prohibited boating activity includes - 5 mph, no fishing, no ski, no swim, no scuba, no prop boats, ski only, fishing only, skin divers only, etc.004.01D1d Square or rectangle give information, names distance permitted, activities, place names, distances, arrows indicating directions, availability of gas, oil, groceries, marine repairs, etc. 004.01D2 Channel buoys are as follows:004.01D2a All green buoy indicates boat should pass between it and its companion all-red buoy. For use together with all-red buoy to mark a well-defined channel. If buoy is numbered, use odd numbers colored white numbers may be reflectorized. 004.01D3 Cardinal system buoys as follows:004.01D3a Red-topped white buoy indicates boat should pass to south or west. For use in instances where there is no well-defined channel. If buoy is reflectorized or lighted, the color white is prescribed. Light shall be flashing.004.01D3b Green-topped white buoy indicates boat should pass to the north or east. For use in instances where there is no well-defined channel. If buoy is reflectorized or lighted, the color white is prescribed. Light shall be flashing.004.01D3c White anchor or mooring buoy with blue stripe prescribed buoy for permanent placing in any waters for use in anchoring or mooring watercraft.004.01D3d Red-striped white buoy indicates boat should not pass between buoy and nearest shore. For use where obstruction is of such nature that boats should go outside, that is, away from the shore around the end of a reef. White stripes are to be twice the width of the red stripes.004.02 Regardless of any other pilot rules or navigation provisions, except the right-of-way provision for emergency-rescue or law enforcement vessels, any vessel, including sailboats, which is not operating under mechanical power and any anchored vessel shall have right-of-way on the waters of this state over any vessels operating under mechanical power, and operators of motorboats shall give such vessels all available reasonable clearance of sea room so as not to disturb unnecessarily said boats from wash or wake. Swimmers shall have right-of-way at all times over all vessels, whether power operated or not.004.03 Speed It shall be unlawful for any operator to exceed the speeds posted or charted in any specific zone or area. Under all other circumstances speed must be reasonable and proper in consideration of the conditions prevailing at that time and place. Speeds exceeding five miles per hour are illegal at all times in or within 3 0 yards of any vessel, harbor, marina, landing pier, fishing pier, anchorage or bathing beach. In all cases speed must be reduced so that wash or wake will not cause discomfort, hazard or damage to other persons or vessels.
004.04 Designation of restricted boating zones for the purpose of public safety and/or traffic control shall be marked and posted pursuant to the written instructions of the Director of the Nebraska Game and Parks Commission. 004.04A Vessels shall not be operated within an area which has been marked off or set aside as a prohibited area by an employee or employees of the Nebraska Game and Parks Commission as provided in regulation 004.04.004.05 It shall be unlawful to tie off or to attach any vessel to any buoy, marker or navigational aid on any waters of the state of Nebraska.163 Neb. Admin. Code, ch. 3, § 004