An Act to Implement the Recommendations of the Department of Inland Fisheries and Wildlife's Report on Boater Safety Education
Maine Legislature, Session 131, LD 1807
Committee: Inland Fisheries and Wildlife
Amends: 12 MRSA §13001, 12 MRSA §13052, 12 MRSA §13068-A, 12 MRSA §13071-A

Legislative Document
No. 1807
H.P. 1152
House of Representatives, April 25, 2023
An Act to Implement the Recommendations of the Department of 
Inland Fisheries and Wildlife's Report on Boater Safety Education
Reported by Representative LANDRY of Farmington for the Joint Standing Committee on 
Inland Fisheries and Wildlife pursuant to Public Law 2021, chapter 656, section 8.
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §13001, sub-§6-B, as enacted by PL 2021, c. 656, §2, is amended 
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 or an equivalency exam specified or approved by the commissioner 
pursuant to section 13052, subsection 2.
Sec. 2.  12 MRSA §13001, sub-§24-A is enacted to read:
24-A.  Recreational boating.  "Recreational boating" means operating a motorboat 
primarily for the operator's pleasure or leasing, renting or chartering a motorboat to another 
person for the other person's pleasure. "Recreational boating" does not include using a 
motorboat engaged in the carriage of passengers for hire.
Sec. 3.  12 MRSA §13052, sub-§2, as amended by PL 2021, c. 656, §3, is further 
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 or equivalency exam requirements of this chapter.
Sec. 4.  12 MRSA §13068-A, sub-§3-A, as enacted by PL 2021, c. 656, §4, is 
amended by amending the first blocked paragraph to read:
This subsection does not apply to the operation of personal watercraft or motorboats other 
than for recreational boating purposes.
Sec. 5.  12 MRSA §13068-A, sub-§17, ¶A, as enacted by PL 2021, c. 656, §5, is 
amended to read:
A.  Except as provided in paragraph C, beginning January 1, 2024, a person born on or 
after January 1, 1999 may not operate on inland waters of this State or territorial waters, 
as defined in section 6001, subsection 48-B, a motorboat for recreational boating 
purposes 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.
Sec. 6.  12 MRSA §13068-A, sub-§17, ¶C, as enacted by PL 2021, c. 656, §5, is 
amended to read:
C.  A person is not required to meet the boater safety and education course requirement 
of this subsection if the person:
(1)  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. or expired United States merchant marine 
document issued by the United States Coast Guard for an operator of uninspected 
passenger vessel, or master or mate captain's license;
(3)  Is test driving a motorboat that is registered in accordance with section 
13060-A and that is offered for sale by a dealer that has been issued a watercraft 
dealer's certificate of number and the person is under the direct supervision of a 
person 16 years of age or older who has completed a boater safety and education 
course;
(4)  Possesses a rental or lease agreement that lists the person as an authorized 
operator of the motorboat and the person has completed a temporary boater safety 
course provided by the rental agent who has been issued a certificate of number as 
described in section 13064. A renter or lessor meeting the requirements of this 
subparagraph may operate the rented or leased motorboat for up to 14 days from 
the date of course completion or for the duration of the rental agreement, whichever 
is earlier; or
(5)  Is not a citizen of the United States, arrived to the United States by sea and is 
temporarily operating on territorial waters as defined in section 6001, subsection 
48-B for 60 days or less.
Sec. 7.  12 MRSA §13071-A, sub-§6, as enacted by PL 2021, c. 656, §7, is amended 
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 on inland waters of the State or 
territorial waters, as defined in section 6001, subsection 48-B, 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.
SUMMARY
This bill proposes statutory changes based on recommendations included in the report 
made by the stakeholder group on issues related to boater safety and education on inland 
waters of the State to the Joint Standing Committee on Inland Fisheries and Wildlife 
pursuant to Public Law 2021, chapter 656. The committee has not taken a position on the 
substance of this bill.  By reporting this bill out, the committee is not suggesting and does 
not intend to suggest that it agrees or disagrees with any aspect of this bill.   The committee 
is reporting the bill out for the sole purpose of having a bill printed that can be referred to 
the committee for an appropriate public hearing and subsequent processing in the normal 
course.  The committee is taking this action to ensure clarity and transparency in the 
legislative review of the proposals contained in the bill.
The bill implements recommendations of the stakeholder group by: 
1.  Defining recreational boating as being primarily used for pleasure and excluding 
from that definition the use of motorboats carrying passengers for hire;
2.  Applying the boater safety and education course requirement for inland waters to 
territorial waters defined by the Maine Revised Statutes, Title 12, section 6001; and
3.  Adding exemptions to the requirement of a boater safety and education course to 
possessors of valid or expired United States merchant marine licensure documents, persons 
test driving a motorboat as part of a possible purchase, persons renting a motorboat who 
have completed a temporary boater safety course and noncitizens who arrive by sea and 
are temporarily using Maine's territorial waters.