RELATES TO:
KRS
235.285,
235.310,
235.315,
33, 33 C.F.R. Part 329
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
235.280 authorizes the department to
promulgate administrative regulations to govern the fair, reasonable,
equitable, and safe use of Kentucky waters. This administrative regulation
establishes the methods used to mark waterways in conformity with 33 C.F.R. 1,
subpart 66.10 and restricts certain boating activities on some Kentucky
waters.
Section 1. Definitions.
(1) "Navigable waters" means a navigable
waterway as defined by 33 C.F.R. Part
329 .
(2) "Non-navigable" means all waters not
defined by subsection 1 of this section.
(3) "Recreational vessel" means a vessel that
is not documented as commercial by the U.S. Coast Guard.
Section 2. General Requirements.
(1) A person shall not zone, or place buoys
or signs:
(a) On non-navigable waters without
first obtaining written approval from the department.
(b) On navigable waters without first
obtaining written approval from the department with concurrence by:
1. The United States Coast Guard;
2. The United States Army Corps of Engineers;
or
3. The Tennessee Valley
Authority.
(2) A person shall not moor a vessel to a
buoy or navigational aid that is not specifically designated as a mooring
device.
Section 3. Zoned
Waterways.
(1) On Herrington Lake, a person
shall not:
(a) Ski except along the main lake
channel; or
(b) Operate a motorboat
at greater than idle speed in inlets;
(2) A person shall not ski on the Big Sandy
River.
(3) A person, between the
Second Street Bridge and the McAlpine Dam on the Ohio River;
(a) Shall not operate recreational vessels
except:
1. To lock through the McAlpine Dam;
or
2. To dock at the Louisville
Municipal Wharf.
(b)
Shall remain within the confines of the commercial channel.
(4) A person shall not operate a
motorboat at faster than idle speed on the Salt River in Mercer
County.
(5) A person, between the
Brent Spence Bridge and the Daniel Carter Bear Bridge on the Ohio River, shall
not:
(a) Operate a recreational vessel at
greater than idle speed during the period from sunset to sunrise;
(b) Operate a recreational vessel at greater
than idle speed within 300 feet of any:
1.
Marina;
2. Boat docking
facility;
3. Boat gasoline
dock;
4. Launch ramp;
5. Recreational boat harbor; or
6. Harbor entrance;
(c) Pull or tow any individual outside of the
recreational vessel for a recreational purpose; or
(d) While operating a personal watercraft:
1. Jump the wake of another
watercraft;
2. Perform abrupt
turns; or
3. Engage in similar
acrobatic maneuvers.
Section 4. Flotation devices near locks and
dams.
(1) A person shall not operate a vessel
within an area designated or appropriately marked as a hazardous area below any
lock or dam, unless each person aboard is wearing a U.S. Coast Guard approved
flotation device of:
(a) Type I;
(b) Type II;
(c) Type III; or
(d) Type V.
(2) On the Kentucky River, a person shall not
operate a vessel within 150 feet below any dam or within a designated or
appropriately marked hazardous area, unless each person aboard is wearing a
U.S. Coast Guard approved flotation device of:
(a) Type I;
(b) Type II;
(c) Type III; or
(d) Type V.
Section 5.33 C.F.R.
1, Subpart 66.10,
governing the uniform placement and characteristics of navigational and
regulatory markers, is adopted without change.