01- 670 C.M.R. ch. 3, § I

Current through 2024-51, December 18, 2024
Section 670-3-I - GENERAL
A.PURPOSE

The waterway marking system of this State, "Maine State Aids To Navigation System (M.S.A.T.N.S.)," has been developed to guide the watercraft operator by:

1. Delineating safe boating channels;
2. Indicating the presence of either natural or artificial obstructions and hazards;
3. Marking restricted or controlled areas;
4. Providing directions.

The Director of the Bureau of Parks and Lands shall decide when, in his/her opinion, hazards to navigation exist and mark the waters of the State, within the resources and funds available, by placement of aids to navigation and regulatory markers on the waters consistent with the rules provided in Title 12 MRSA §1894.

The Director, Maine Bureau of Parks and Lands , as authorized by Title 12 MRSA §1894, adopts the following Rules and Regulations.

C.DEFINITION OF TERMS

Certain terms, as used in these Rules and Regulations, are defined as follows:

AGREEMENT OF ASSISTANCE. A written agreement whereby an organization or political subdivision may assist the State in waterway marking.

AID TO NAVIGATION OR AID. A waterway marker placed in, on, or near the water, designed to indicate a channel or the presence of a navigational hazard.

BEACON. Any device designed in a fixed manner in the water or adjacent land (structure constructed of pilings, etc.), which is used to convey a message of Navigational Aid to watercraft operators.

BOATING PUBLIC. Those persons who trade and/or travel by passenger craft, yachts, houseboats, fishing boats, motorboats, sail boats, personal watercraft and other watercraft, whether or not operated for hire or profit.

BUOY. Any device designed to float, anchored in water and is used to convey a message, the exception being a mooring buoy, which is used to moor a watercraft.

BUREAU. The Bureau of Parks and Lands, Maine State Department of Agriculture, Conservation and Forestry.

DISPLAY AREA. The area on a buoy or sign used for display of a water marker symbol and /or pertinent boating information.

FAIRWAY. A navigable channel in a restricted area of a water body which may or may not be marked with channel markers.

FREE NAVIGATION. The right of the boating public to utilize a water body subject only to those restrictions imposed by legal authority.

GREAT POND. Any natural body of water ten (10) acres or larger or any artificial body of water thirty (30) acres or larger.

MOTORBOAT. Any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principle source of propulsion, is permanently or temporarily attached, or is available for propulsion on the watercraft.

NAVIGATION HAZARDS. Any obstructions to navigation submerged in or floating on the waters of the State occurring either naturally or placed in or on the waters by individuals.

ORGANIZED SWIM AREA. Any developed swim area, especially those areas developed by summer camps, community organizations and other shoreline owners, which is enclosed by line floats and delineated by at least two "Swim Area" markers at the outer off shore bounds.

PERMIT, STATE (Waterway Marking). Written consent of the State, given for the placement and maintenance of navigational aids or regulatory markers.

REGULATORY MARKERS. Waterway markers placed in, on, or near the water to indicate or convey: Danger, Restricted or Controlled areas and/or information.

SHORELINE. The demarcation between land and water at any specific time. The shoreline will vary as the water elevation fluctuates.

SIGN. A device for carrying a message which is attached to another object such as a buoy, beacon structure, post, piling, or the land itself.

SKI JUMP, WATER. Structure to allow water skiers to leave the normal water surface, placed on the surface of the waters of the State and anchored to the bottom.

SKI SLALOM COURSE, WATER. Buoyed course through which water skiers zigzag.

SWIMMING AND DIVING FLOATS. Any floating structure for swimming and/or diving, placed on the surface of the waters of the State and temporarily or permanently anchored to the bottom.

SYMBOLS. Figures, geometric in shape, such as a diamond, circle, rectangle, square, or other as deemed necessary, used to convey information.

WATERCRAFT. Any type of floating vessel, boat, canoe, or craft used or capable of being used as a means of transportation on water other than a sea plane.

WATERS OF THIS STATE. All inland waters and all coastal waters within the jurisdiction of the State of Maine.

WATER SAFETY ZONE. That area of water within 200 feet of any shoreline, whether the shoreline of the mainland or of an island. The State does not normally buoy hazards within this zone except when marking a channel or critical, high traffic areas.

WATERWAYS. Water, navigable in fact, which, by itself, or by uniting with other waters, navigable in fact, forms a waterway on which watercraft may travel.

WATERWAY MARKER. Any device designed to be placed in, on, or near waters of this State, to convey an official message to a watercraft operator on matters which may affect health, safety or well-being.

01- 670 C.M.R. ch. 3, § I