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Friday, September 05, 2008

Obscure offenses: leave the geese at peace

Most people know it's against the law to captain a boat while under the influence of alcohol. But there are many more regulations that lake-area residents may not be aware of or choose to ignore. Lt. Tony Fisher with Department of Game and Inland Fisheries, spoke about some of the more obscure regulations people are cited for on the lake.

Underage PWC drivers

Virginia law states that the minimum age to drive a PWC is 16 years old. However, children who are 14 or 15 years old can take a boating-safety course to allow legal operation.

"As long as they carry that certificate, on their person or on the vessel, they can operate that," said Fisher. "If they're [under] 14, they cannot operate, period."

That rule applies even if there's an adult on board.

Penalty: Class 4 misdemeanor, punishable by a fine of up to $250.

Unattached PWC lanyards

The lanyard for the kill switch on a PWC must be worn by the vehicle's operator so that if the operator is thrown, the PWC will power off.

"I've seen it before where the lanyard will be attached to a kid who is underage and can't operate it," said Fisher. "By virtue of not being able to operate legally ... it would be an underage violation of operation."

Penalty: Class 4 misdemeanor, punishable by a fine of up to $250.

Harassing water fowl

Geese and ducks are protected by DGIF, and any harassment, both off water and on, is illegal. That includes destroying eggs and nests. The most common harassment on the lake, however, is on-water scattering.

"Some people see a big flock of geese and run their boat up in them as fast as they can," said Fisher. "It's unlawful to do that."

Captains should slow their vessels or drive around flocks of fowl on the water.

Penalty: Class 3 misdemeanor, punishable by a fine of up to $500.

Not enough life preservers

Every water vessel must be equipped with life-saving devices for each passenger. Although law doesn't require passengers to wear them while underway, they must be readily available and in good condition.

"It has to be sized for the person who is going to wear it, as well as be serviceable," said Fisher.

There are two exceptions, he said. One: PWC drivers and passengers are required to wear life-saving devices. Two: Federal law mandates that anyone 13 years old or younger must wear one. The law, however, is only upheld by federal agencies, such as the U.S. Coast Guard.

Penalty: Class 3 misdemeanor, punishable by a fine of up to $500.

Reckless driving

This carries one of the stiffest penalties and covers a wide range of regulations. One commonly broken on the lake, said Fisher, has to do with towing floaters.

When towing someone on a floater, he said, captains must always maintain a 50-foot boundary between themselves and all other vessels. They also must proceed at a safe speed, he said.

Breaking either rule, said Fisher, can lead to more serious charges if the person on the floater is thrown and killed.

Penalty: Class 1 misdemeanor, punishable by 12 months in jail and/or a fine of up to $2,500.

Drinking and boating

While most people know about this rule, Fisher said it always bears mentioning: Don't drink and drive. Always have a designated captain.

Also, don't allow minors to drink aboard your vessel, which could lead to a second charge: contributing to the delinquency of a minor.

And for those who think getting an on-water DUI won't have much of an affect on their daily lives or insurance, Fisher has news for you: "Currently there is a process where it will show up on your DMV record."

Penalty: Class 1 misdemeanor, punishable by 12 months in jail and/or a fine of up to $2,500.

For more information on these and other DGIF regulations, visit www.dgif.virginia.gov.

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