09-137-13 Me. Code R. § 10

Current through 2024-51, December 18, 2024
Section 137-13-10 - Motorboat race event
1.Permit application requirements to hold a motorboat race. In accordance with 12 M.R.S. §13061 a complete application must be submitted to the Department for review and an approved permit must be received prior to the event taking place. The permit application requires the following information be provided:
a. A description of the proposed course, which shall be appropriately sized and mapped in a location so as not to impede other boating access to the waterbody. The course must be a minimum distance of 300 feet from shore and any loon nesting site locations;
b. A map of the course showing any possible safety hazards and loon nesting sites (safety hazards may include docks, sunken logs, ledges or other objects) within or adjacent to the course area shall be submitted along with the application. The map shall be evaluated for consistency with the intent of this chapter to protect public safety, biological resources, damage to property, environment and wildlife and prevent navigational interference. The application shall include resources for the applicant to research loon nesting locations. The Department will review the map and accept, modify or reject the proposed course consistent with the objectives of this rule to protect public safety and wildlife;
c. A minimum of two spotters, at least 18 years of age whose names must be provided within the application and assigned for human and wildlife safety;
d. Names of at least one certified aquatic plant inspector endorsed by MDEP within the last five years who shall be present and conducting inspections during the event. Aquatic inspection reports shall be completed during the event and provided to the department within 30 days after the event;
e. The name of at least one trained emergency responder who must be on scene for the duration of the event to respond to any possible emergencies;
f. The name(s) and phone number(s) of a designated representative(s) who will serve as the event overseer and be present on site during the entire event; and
g. The person in charge of a proposed motorboat race event shall give notice of the intent to apply for a permit to municipal officers of the municipality or municipalities in which the race will occur, in writing at least 60 days prior to the event.
2.Requirements to hold a motorboat race. A person conducting or participating in a motorboat race event under the authority of a permit provided in accordance with 12 M.R.S. §13061 shall take reasonable measures to safeguard persons, property, the environment, and wildlife which include:
a. All event officials and participants must have successfully completed a National Association of Safe Boating Law Administrators (NASBLA) approved boating safety course and must have proof available for inspection by any agent of the Commissioner upon request;
b. During any motorboat race event permitted in accordance with these rules the officials conducting it shall conspicuously display one or more orange warning flags of a size not less than 4 feet by 4 feet while the event is in progress. The officials shall remove the warning flag or flags for reasonable periods of time during the event to allow nonparticipating watercraft to pass through the area;
c. A roster of all event participants must be available during the event and kept at the event location for inspection by any agent of the Commissioner upon request;
d. A copy of the event permit and event rules shall be made available to all participants in advance and posted conspicuously at the event site;
e. A minimum of one trained aquatic plant inspector, that have participated in aquatic plant inspection training endorsed by MDEP within the last five years shall conduct aquatic plant inspections of each boat immediately before an event participant launches prior to the event and for a second time after the boat is retrieved from the water immediately after the conclusion of the event for that participant;
f. The spotters must be on the lookout during the entirety of the race for intrusions into the course area from boats, people, wildlife or other hazards. The spotter will have the ability to communicate to race participants and officials and is expected to halt the race until the risk to the participants, bystanders or wildlife (including but not limited to loons) is eliminated;
g. The participant roster, aquatic inspection report and human or wildlife safety report (noting incidents related to human or wildlife safety) must be submitted within 30 days after the event, to the Department; and
h. All participant boats must be specifically identified in a plainly visible manner.

09-137 C.M.R. ch. 13, § 10