Yachting offers unparalleled freedom and luxury on the open waters. However, owning and operating a yacht in the United States involves adhering to a complex set of federal and state regulations. This comprehensive guide aims to elucidate the key legal requirements, state-specific regulations, and essential considerations for prospective and current yacht owners.
Federal Regulations Governing Yacht Ownership
Before delving into state-specific laws, it’s crucial to understand the overarching federal regulations that apply to yacht ownership and operation in the U.S.
U.S. Coast Guard Documentation
For vessels measuring five net tons or more (typically starting at around 26 feet in length), owners may choose to document their yacht with the U.S. Coast Guard (USCG). Documentation serves as a national form of registration, providing proof of ownership and facilitating international travel. To qualify:
⦁ Citizenship: The vessel must be wholly owned by a U.S. citizen or citizens.
⦁ Eligibility: The yacht must measure at least five net tons and be eligible for the trade endorsements requested.
The process and requirements for vessel documentation are detailed in the Electronic Code of Federal Regulations (eCFR) under Title 46, Part 67 46 CFR Part 67.
The Jones Act and Coastwise Trade
The Merchant Marine Act of 1920, commonly known as the Jones Act, regulates maritime commerce in U.S. waters and between U.S. ports. Under this act:
⦁ Coastwise Trade: Only vessels built in the U.S., owned by U.S. citizens, and documented under U.S. laws are permitted to engage in coastwise trade, which includes the transportation of goods or passengers between U.S. ports.
⦁ Waivers: In certain circumstances, such as national defense needs, waivers to these requirements may be granted. The Maritime Administration (MARAD) oversees the Small Vessel Waiver Program, which allows foreign-built vessels to operate commercially under specific conditions. More information is available on the MARAD website Small Vessel Waiver Program.
Environmental Compliance
Yacht owners must comply with environmental regulations to prevent pollution:
⦁ Discharge Regulations: The discharge of oil, hazardous substances, or sewage into U.S. waters is strictly regulated. Violations can result in severe penalties, including fines and imprisonment.
⦁ Garbage Disposal: Proper disposal of garbage, including plastics and other non-biodegradable materials, is mandated to protect marine environments.
The U.S. Customs and Border Protection (CBP) provides guidelines on these regulations Coastwise Trade: Merchandise.
SOURCE LINK : U.S. Fish & Wildlife Service
State-Specific Regulations
In addition to federal laws, each state imposes its own regulations concerning yacht registration, operation, and safety. Below is an overview of select state requirements:
Louisiana
⦁ Registration: All motorized vessels, including sailboats 12 feet or longer, used in Louisiana waters must be registered with the Louisiana Department of Wildlife and Fisheries (LDWF). Non-motorized houseboats also require registration.
⦁ Title Requirements: Boats or outboard motors (25 horsepower or more) that are financed or titled in another state must be titled when registering in Louisiana.
⦁ Application Process: Owners must submit a completed Boat Registration/Boat and Motor Title Application, along with proof of ownership and applicable fees. Detailed information is available on the LDWF website Title or Register Your Boat.
Washington
⦁ Registration: Vessels navigating, operating, employing, or mooring in Washington waters must have a Washington title, registration card, and registration decals.
⦁ Exemptions: Exceptions include canoes, kayaks, or vessels not propelled by motor or sail; vessels less than 16 feet in length with a motor of 10 horsepower or less used on non-federal waters; and vessels properly registered in another state or country using Washington waters for 60 days or fewer.
⦁ Operator Requirements: Individuals 12 years and older may operate a motorboat of 15 horsepower or greater with a Washington Boater Education Card. Personal watercraft operators must be at least 14 years old. More details are provided by the Washington State Recreation and Conservation Office The Laws – Boating.
Wyoming
⦁ Registration: All motorized watercraft operating on Wyoming waters must be registered with the Wyoming Game & Fish Department.
⦁ Safety Equipment: Vessels must carry necessary safety equipment, which varies based on the boat’s length and type. Requirements include personal flotation devices, fire extinguishers, and navigation lights.
⦁ Accident Reporting: Operators involved in an accident must immediately notify a Wyoming law enforcement agency and submit an accident report. Comprehensive information is available on the Wyoming Game & Fish Department’s website Boating – Watercraft.
Maryland
⦁ Registration: All vessels equipped with any kind of primary or auxiliary mechanical propulsion must be registered with the Maryland Department of Natural Resources.
⦁ Safety Regulations: Operators must adhere to state-specific safety requirements, including the use of personal flotation devices and adherence to boating under the influence (BUI) laws.
⦁ Education: Boaters born on or after July 1, 1972, must possess a Certificate of Boating Safety Education to operate a motorized vessel. Further details are available on the Maryland Department of Natural Resources website State Requirements for Recreational Vessels.
Legal Considerations
Yacht owners should be aware of several legal aspects:
⦁ Liability Insurance: While not always mandated by law, carrying liability insurance is prudent to protect against potential claims arising from accidents or injuries.
⦁ Operating Under the Influence: Operating a yacht under the influence of alcohol or drugs is illegal and subject to stringent penalties, including fines and imprisonment.
⦁ Documentation Display: Federally documented vessels must display their documentation number on the interior of the vessel in a clearly visible location. State-registered vessels are typically required to display registration numbers on the forward half of the vessel.
Conclusion
Owning and operating a yacht in the United States is a rewarding endeavor that comes with significant responsibilities. Compliance with both federal and state regulations is essential to ensure safe and lawful enjoyment of U.S. waterways. Prospective and current yacht owners are encouraged to consult official state websites and federal agencies for the most current information and to seek legal counsel when necessary to navigate the complexities of maritime law.
SOURCE LINK : US Fish and Wildlife
