An Act To Improve Boating Safety on Maine Waters
Maine Legislature, Session 130, LD 1663
Committee Amendment CA_B_H880 (House)
Amends: 12 MRSA §13001, 12 MRSA §13052, 12 MRSA §13068, 12 MRSA §13068-A, 12 MRSA §13071-A

COMMITTEE AMENDMENT"£:," to H.P. 1234, L.D. 1663, "An Act To Improve 
Boating Safety on Maine Waters" 
Amend the bill by striking out everything after the enacting· clause and inserting the 
following: 
'Sec. 1. 12 MRSA §13001, sub-§6-A is enacted to read: 
6-A. Boater safety and education course. "Boater safety and education course" 
means an online or in-person education course that: 
A. Provides basic information for recreational boaters about how to identify and reduce 
primary boating risk factors and mitigate the dangers of recreational boating; and 
B. Meets a national association of boating law administrators standard and is approved 
by the commissioner pursuant to section 13052, subsection 2. 
Sec. 2. 12 MRSA §13001, sub-§6-B is enacted to read: 
6-B. Boater safety and education course certificate. "Boater safety and education 
course certificate" means a certificate or other evidence of completion of a boater safety 
and education course specified or approved by the commissioner pursuant to section 13052, 
subsection 2. 
Sec. 3. 12 MRSA §13052, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
2. Promote safety; education courses. The commissioner shall promote safety for 
persons and property in connection with the use and operation of watercraft. 
The 
commissioner, in accordance with section 13051, shall implement the boater safety and 
education course requirements of this chapter. 
Sec. 4. 12 MRSA §13068-"A, sub-§3-A is enacted to read: 
3-A. Supervising young person . . Beginning January 1, 2024, a person born on or 
after January 1, 1999 may not supervise a person in accordance with subsection 3 unless 
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that supervisor is 16 years of age or older and has completed a boater safety and education 
course. 
This subsection does not apply to the operation of personal watercraft. 
A. A person who violates this subsection commits a civil violation for which a fine of 
not less than $100 nor more than $500 may be adjudged. 
B. A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime. 
Sec. 5. 12 MRSA §13068-A, sub-§17 is enacted to read: 
17. Operating motorboat without boater safety and education course certificate. 
The following provisions apply to operating a motorboat. 
A. Except as provided in paragraph C, beginning January 1, 2024, a person born on or 
after January 1, 1999 may not operate a motorboat propelled by machinery capable of 
producing more than 25 horsepower unless that person is 12 years of age or older and: 
(1) Has completed a boater safety and education course: and 
(2) Possesses and presents for inspection upon request to a law enforcement officer 
a boater safety and education course certificate. 
B. The following penalties apply to violations of this subsection. 
(1) A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 nor more than $500 may be adjudged. 
(2) A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
C. A person is not required to meet the boater safety and education course requirement 
of this subsection if the person: 
( l) Possesses a valid Maine guide license and has met the requirements for carrying 
passengers for hire under section 13063: or 
(2) Possesses a valid maritime license of any type that the commissioner 
determines, pursuant to section 13052, subsection 2, meets the boater safety 
education purposes of this subsection. 
Sec. 6. 12 MRSA §13071-A, sub-§5, as enacted by PL 2005, c. 536, §1 and 
affected by §3, is amended to read: 
•• 
5. Operating personal watercraft while 16 years of age or older and under 18 
years of age; boater education. ±he Until January 1. 2024, the following provisions apply 
to operating a personal watercraft by a person 16 years of age or older and under 18 years 
of age. 
A. A person 16 years of age or older and under 18 years of age may not operate a 
personal watercraft unless: 
(1) That person is accompanied by a person 18 years of age or older who physically 
occupies the personal watercraft; or 
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COMMITTEE AMENDMENT~" to H.P. 1234, L.D. 1663 
(2) While operating the personal watercraft, that person possesses on that person 
identification showing proof of age and proof of successful completion of a boater 
safety education course approved by a national association of state boating law 
administrators, including but not limited to courses offered by the U.S. Coast 
Guard· Auxiliary or other organizations approved by the commissioner for 
providing boater safety education courses. The commissioner shall establish a list 
of approved organizations for providing boater safety education courses and make 
that list readily available to the public. 
B. The following penalties apply to violations of this subsection. 
(1) A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 and not more than $500 may be adjudged. 
(2) A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
. This subsection is repealed on January 1, 2024. 
Sec. 7. 12 MRSA §13071-A, sub-§6 is enacted to read: 
6. Operating personal watercraft while 16 years of age or older; boater safety and 
education course requirement. Beginning January 1, 2024, a person born on or after 
January 1, 1999 may not operate a personal watercraft unless that person is 16 years of age 
or older and has completed a boater safety and education course. 
A. The following penalties apply to violations of this subsection. 
(1) A person who violates this subsection commits a civil violation for which a 
fine of not less than $100 and not more than $500 may be adjudged. 
(2) A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year 
period commits a Class E crime. 
Sec. 8. 
Stakeholder group on boater safety and education course 
implementation. The Commissioner of Inland Fisheries and Wildlife shall convene a 
stakeholder group on issues related to boater safety and education, referred to in this section 
as ''the stakeholder group." 
1. Formation. The commissioner shall invite the following to serve as members of 
the stakeholder group: a representative from the marine trades, a representative from a 
sporting association, a representative of the Department of Marine Resources, a Legislator, 
a representative of a group dedicated to lake water quality and any other members 
determined as suitable by the commissioner. The commissioner or the commissioner's 
designee shall serve as chair of the stakeholder group. The chair shall call and convene the 
first meeting of the stakeholder group no later than 30 days following the effective date of 
this section. 
2. Duties. The stakeholder group: 
A. Shall examine and determine whether persons of a certain age should be exempt 
from the boater safety and education course requirement; 
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COMMITTEE AMENDMENT" fJ, to H.P. 1234, L.D. 1663 
B. Shall examine any boater safety and education course implementation issues, 
including the effect of boater safety and education on inland and tidal waters of the 
State; and 
C. May examine any related issues that the stakeholder group determines appropriate. 
3. Staff; information. The commissioner shall provide necessary staffing services to 
the stakeholder group . 
4. Report. By January 15, 2023, the commissioner shall report to the joint standing 
committee of the Legislature having jurisdiction over inland fisheries and wildlife matters 
the findings and recommendations of the stakeholder group, including any recommended 
legislation, if needed. After receiving the report, the committee may report out a bill 
relating to boater safety and education to the 131 st Legislature in 2023.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment does the following. 
1. Beginning January 1, 2024, it requires a person born on or after January 1, 1999 to 
be 16 years of age or older and to have completed a boater safety and education course to 
supervise a person under 12 years of age who operates a motorboat propelled by machinery 
capable of producing more than 10 horsepower. 
2. Beginning January 1, 2024, it requires a person born on or after January 1, 1999 to 
be 12 years of age or older and to have completed a mandatory boater safety and education 
course to operate a motorboat capable of producing more than 25 horsepower. 
3. Beginning January 1, 2024, it requires a person born on or after January 1, 1999 to 
be 16 years of age or older and to have completed a boater safety and education course to 
operate a personal watercraft. 
4. 
It requires the Commissioner of Inland Fisheries and Wildlife to convene a 
stakeholder group on boater safety and education. The commissioner is required to provide 
a rep01t to the Legislature by January 15, 2023 on the findings of the stakeholder group. 
After receiving the report, the joint standing committee of the Legislature having 
jurisdiction over inland fisheries and wildlife matters has authority to report out a bill 
relating to boater safety and education to the 131 st Legislature in 2023. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 ~ae:.. 
LD 1663 
LR 540(03) 
An Act To Improve Boating Safety on Maine Waters 
Fiscal Note for Bill as Amended by Committee Amendment 'f!s CH - 0 0 o) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
'"'orrectional and Judicial Impact Statements 
The additional worldoad associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. The collection of additional fines may increase General Fund or other dedicated 
revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Inland Fisheries and Wildlife and the Department of Marine Resources as a 
result of the provisions of this bill are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR0540(03) - Fiscal Note - Page 1 of 1