N.M. Admin. Code § 18.17.2.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.17.2.11 - PROHIBITED OPERATIONS

The operator of a vessel operating on the waters of this state shall not engage the vessel in prohibited activities nor allow passengers to engage in activities prohibited by 18.17.2 NMAC or the Boat Act.

A.Riding the foredeck and gunwales of vessels:

(1) Except when casting off, mooring or when otherwise necessary such as for water rescue, picking up a swimmer or retrieving articles blown overboard, when a vessel is underway no vessel operator shall allow a person to ride or sit on the bow, gunwales, transom, seats on raised decks or any other place not intended for the carrying of passengers, unless the vessel is equipped with adequate guard rails designed to prevent a person from slipping under or rolling over the rail.

(2) Except when casting off, mooring or when otherwise necessary such as for water rescue, picking up a swimmer or retrieving articles blown overboard, when a vessel is underway no person shall ride or sit on the bow, gunwales, transom, seats on raised decks or any other place not intended for the carrying of passengers, unless the vessel is equipped with adequate guard rails designed to prevent a person from slipping under or rolling over the rail.

(3) Persons shall not sit on a seat back while the vessel is underway or allow their legs to hang overboard at any time.

(4) Persons shall not ride outside the railing of a pontoon boat when underway.

(5) Persons shall not ride on the elevated fishing seats of the vessel while the vessel is underway.

B.Trolling: Trolling or drift fishing is prohibited within 150 feet of a marina, boat ramp or courtesy dock.

C.Speed:

(1) Vessel operators shall not operate vessels at a speed greater than is reasonable or proper according to conditions prevailing at the time of operation.

(2) Vessel operators shall operate vessels at speeds controlled as necessary to avoid swamping or collision with any watercraft or person.

(3) Vessel operators shall observe no-wake speeds when operating within 150 feet of launch ramps, docks, mooring lines, beached or anchored vessels within 150 feet of shore, swimmers, fishermen and areas designated for "no-wake" boating. Exception to no-wake operation: under adverse weather conditions, a vessel may maintain the minimum speed necessary to maintain a safe course.

D.Overloading: No vessel operator shall carry more people on board than the number stated on a vessel's capacity plate or as computed by multiplying the vessel's length times its width and dividing by 15.

E.Pollution: No person shall deposit or discharge liquid or solid waste or other refuse into this state's waters.

F.Buoys, water marking system: No person shall anchor from, deface or relocate a buoy placed by the division or any government agency for the purpose of aiding navigation. No person shall operate a vessel in a manner that will interfere unnecessarily with the safe navigation of other vessels or anchor a vessel in the traveled portion of a channel in a way that will prevent or interfere with any other vessel passing through the same area.

G.Operation while under the influence of alcohol or controlled substances: No person shall operate a motorboat or vessel, nor use water skis, surfboard or similar device, while under the influence of alcohol or any controlled substance.

H.Age restriction: No person under the age of 13 shall operate a motorboat unless under an adult's onboard supervision.

I.Use of airborne devices prohibited: No person, while being towed by a watercraft, shall use a device, except for a parasail, for the purpose of becoming airborne over the waters of this state. No person while operating a watercraft shall tow a person using a device, except for a parasail, for the purpose of becoming airborne over the waters of this state.

J. No person shall operate a motorized vessel less than 26 feet in length without having on or affixed to their person a line or link that activates the emergency cut off switch (ECOS) while on plane or above no-wake speed. Exceptions to this requirement include when

(1) the vessel is not equipped with ECOS by the manufacturer;

(2) the engine of the vessel is three horsepower or less;

(3) while using the vessel for fishing or while docking or trailering the vessel; or

(4) when the main helm of the vessel is in an enclosed cabin.

N.M. Admin. Code § 18.17.2.11

7/17/67...12/31/96; 5/31/97; 18.17.2.11 NMAC - Rn & A/E, 18 NMAC 17.2.11, 9/15/06; A, 1/01/07, Amended by New Mexico Register, Volume XXXIV, Issue 08, April 25, 2023, eff. 4/25/2023