Kayaking 101: Rules and Regs
By Capt. Justin Oser
Capt. Justin with a tasty bonito caught on his kayak.
Part I: MA Kayak - Paddle/Pedal Requirements
So, you want to kayak in Massachusetts ? MA requires certain items to be street legal. That's right! Without the proper safety gear and registrations, your trip on the water will be instantly over if you encounter Law Enforcement, or even worse, a hefty fine. In this series of blogs, we will take a deep dive into kayak fishing the salt. For our first breakdown, this blog will discuss what is required if you are in a NON-MOTORIZED BOAT.
This blog is meant to assist owners of kayaks in Massachusetts. Different states may/will have different rules. Rules are constantly changing, and the article below summarizes the items needed. Always check the regulations for your own state prior to launch.
Getting Started
The first thing we need to talk about is what defines MA Coastal Waters. MA Coastal Waters are any Massachusetts waters subject to the rise and fall of the tide out to 3 nautical miles from any MA land point. The demarcation line includes all of Mass Bay, Vineyard Sound, and Nantucket Sound. If you are fishing for stripers, chances are you are in MA Coastal Water (editors notes: you must fish inside the 3-mile line when targeting stripers). The 3 miles line separates the state from federal waters, where rules and regulations may be subject to change. For practical purposes of kayak fishing, this blog will focus on the rules when fishing inside MA Coastal waters.
Life Jackets
The first mandatory requirement to discuss is lifejackets or personal floatation devices (PFD's). You need to possess a PFD Type I, II, III on a kayak. Type I and II are the standard orange life jackets required for charter and commercial boats but not recreational. These life jackets are uncomfortable to wear all day but are designed to keep your head out of the water if you happen to be unconscious. Type III are the comfortable vest-type jackets and the inflatables. Between September 15-May 15, you must wear a lifejacket at all times! Regardless of the requirements, you should be wearing the lifejacket every time you venture out. Even in the warmer water of the summertime, you are one flip away from danger. If you are unsure which type you have, your life jacket will have a tag identifying the "type."
Horn, Whistle, or Bell
MA Law also requires a kayaker to carry a horn, whistle, or bell. I keep both an airhorn on the kayak and a whistle affixed to my lifejacket. Last year, I was in some pea-soup fog in Buzzards Bay and had to use the air horn to alert a powerboat that he was heading straight for a gaggle of kayaks. The captain was alert, slowed his speed, and changed course. Communication allowed us to safely pass each other with a friendly wave instead of the one-finger salute!
Nighttime Visual Distress Signals
If you are kayaking in low light conditions (dark), you must have visual distress signals like red flares and/or electric lights. I don't recommend flares due to the heat of the flares and the slag that they drop. This slag could become a safety issue in a plastic kayak. Instead, I use my headlamp and a flashlight to make myself known in the dark.
Navigation Lights
Here we are at our last necessary item, navigation lights, with at least one lantern or flashlight. For unpowered vessels under 23 feet while underway, you must have a lantern or flashlight shining white light in periods of darkness. Paddling with a headlamp on, for example, would satisfy this requirement. Fortunately, you can also satisfy the nighttime visual distress signal with the same light. It is wise to practice having a light with you, even if you aren't planning on fishing into the evening. In the case of an unexpected delay, always having the proper equipment allows you to safely navigate home and comply with Coast Guard regulations.
To go have fun on your peddle/paddle kayak, you only need a few items to avoid an interaction that could ruin your day. A little bit of preparedness can go a long way in your fishing future and potentially save your life. These items can be purchased on the cheap side for under $75, so staying legal won't break the bank. You can always upgrade these items bit by bit over time.
Part II: MA Kayak Requirements — Motorized Kayaks
For Part II of this blog, we will focus on the requirements for motorized kayaks in MA. Different states may/will have different rules.
I own an Old Town AutoPilot 120, which comes equipped with a Minn Kota trolling motor. Since this is my first kayak with a motor, I had to register it for the first time. To register a new kayak in MA, you need the following:
Bill of Sale
Certificate of Origin
Pencil Tracing of the vessel's Hull Identification Number (HIN)
Proof you paid Sales Tax on the Vessel (Form ST-6)
Registration and Titling Application
Credit card or check to pay for the registration.
My kayak cost $44 to register and is valid for 2 years from the registration date. I registered mine at the Environmental Police Woburn Office, where I received the registration sticker and registration before leaving. They were a pleasure to deal with and got me out of there as quickly as I came prepared.
With your registration in hand, your kayak is now registered as a Class A Motor Boat. It is essential to understand the differences between safety gear requirements for unpowered vessels to ones with power. All the requirements for an unpowered kayak remain the same.
Type I, II, or III PFD
Horn, Whistle, or Bell
Nighttime Visual Distress Signals
One significant difference between motorized vs. non-motorized kayaks is the rule changes for navigation lights. You must now have port and starboard (red and green) navigation lights. You will also need the all-around white stern light. You must have both navigation lights and the all-around stern light on when underway at night. If you are anchored, you must display the all-around white light.
Registration
You need to keep your registration on board and with you at all times. I suggest taking the registration and laminating it or getting a waterproof container to place it in. You must be able to present the registration to law enforcement while on the water. Don't bury it somewhere where you can't get it.
Registration Numbers and Sticker
Now that you have registered the kayak you are assigned registration numbers and must place them on the kayak. You are allowed to choose your own, and the format for these numbers is MS with a 2-inch gap, then 4 numbers followed by another 2-inch gap, and then 2 letters. For example, MS 1111 AA. These letters must be in 3-inch letters that contrast the hull's color to be easily read. You can also substitute the spaces for hyphens, for example, MS-1111-AA. Your registration sticker must also be attached to the port side of the boat no more than 6 inches from the last letter of your registration number.
Type IV PFD and an Oar or Paddle
A type IV PFD is also known as a throwable PFD. Some of you may be familiar with one of those cushions you see on people's boats with the two handles. These are Type IV PFDs. Another form of type IV PFD is a life ring. For motorized kayaks, this is an additional requirement.
You must also have an oar or a paddle on the vessel at all times, which usually isn't something a person with a motor kayak would leave without. My Old Town did not come with a paddle, so I purchased a 260 CM Ascent Paddle.
Anchor, Line, and Manual Bailer
You must now carry an anchor with rode on your kayak. Your anchor must have sufficient line to allow you to anchor in the vessel's normal operating area. This is a vague law concerning the amount of line needed; however, around 75 ft would be plenty for most places in the Merrimack River. Use your common sense based on where you tend to fish. You must carry a manual bailer as well if you take on water. The definition for this is also vague, but you could argue your empty coffee cup is a manual bailer. I would recommend a manual hand pump which makes pumping out water extremely simple and can move a significant volume of water in a short time.
Lastly, I will add this reminder that a boating safety certificate is required for children between the ages of 12-and 15 to operate a registered vessel. I would hate to see a young person getting into the outdoors get hemmed up due to a simple oversite. I understand some of the requirements could seem unwarranted, but these requirements are in place to keep you safe. Safety should always be the number one priority, so you can go back and fish the next day again!