State Law vs. Federal Law

Registration and Titling Requirements:

Owners of any watercraft used principally in North Dakota propelled by any motor (including electric motors) must register their vessel with the North Dakota Game & Fish Department. Applications are available at boat dealers, county auditors and from Game & Fish Department personnel. Fees are based on vessel length.

Once the Game & Fish Department is in receipt of required information and fees, you will receive a pocket-sized certificate of number which must be kept aboard at all times and readily available for inspection by law enforcement personnel. You will also receive a registration number and registration decals.

You must display your validation sticker and registration numbers (beginning with ND) on the forward half of your vessel and in a place where it can be easily read by law enforcement officials. Letters and numbers must be at least 3” tall and must be of a color that contrasts with the hull. The validation sticker must be in line with and within 6” from the registration number, toward the rear of the boat.

Non-Residents may operate their craft for a period of 90 days in North Dakota as long as it is legally registered in another state. Motorboats from foreign countries may temporarily use the waters of North Dakota without a certificate of number.

Laws Required for Wearing of PFDs:

In addition to the federal PFD carriage requirements, Montana has the following requirements for wearing a PFD:

• Children 10 years of age and younger must wear a properly fitting U.S. Coast Guard approved Type I., II, or III PFD on any vessel less than 27 feet in length while the vessel is in operation.
• Every person on board a personal watercraft (PWC) must wear a Coast Guard approved Type I, II, III or V PFD.
• Each person being towed behind a vessel on water skis, surfboard or similar device must wear a Coast Guard approved Type I, II, or III PFD.

Additional Equipment Requirements:

Beyond minimum federal equipment requirements, some states may have other requirements for certain bodies of water. Please check with your local waterway authority before heading out. However, the North Dakota Game & Fish Department recommends all operators to consider the following items depending on the size of your vessel and the area where you boat:

• Compass and charts
• Marine VHF radio/cell phone
• Anchoring equipment
• Bailing device
• Spare parts & tools
• Extra starting battery
• Oars or paddles
• Flashlight

Mufflers and Noise Levels:

Any boat operated on the waters of North Dakota should be operated so that it does not cause excessive noise and in general, you should not modify your factory exhaust as the result makes it louder. Additionally, some North Dakota lakes have watercraft restrictions such as "Idle Speed Only", "Electric Motors Only", and horsepower maximums.

Loud boat noise not only bothers other operators and users of the waterways, it also disrupts peace ashore because of sound’s ability to travel great distances over water. Excessive noise can also prevent a boat operator from hearing other boats’ sound signals and warnings and from hearing approaching law or rescue personnel.

Requirements for Waste Discharge:

• It is illegal to throw, discharge or deposit any refuse matter of any kind (including trash garbage and oil) into any waters of North Dakota.
• All boats that have on-board toilets must have a method to collect and contain all waste products for future drainage at an approved pump-out station or on-shore facility.
• No person may discharge into the waters of North Dakota, directly or indirectly from a vessel, any untreated sewage or other wastes.
• No container of untreated sewage or other wastes may be placed, left, discharged in or near any waters of this state from a vessel in such a manner or quantity as to create a nuisance or health hazard, or pollute such waters.

Boater Age and Operator Restrictions:

No person under the age of 12 may operate a motorboat (includes personal watercraft) propelled by over a 10 horsepower (hp) motor unless the operator is accompanied by a person 18 years of age or older.

No person aged 12 through 15 may operate a motorboat (includes personal watercraft) propelled by over a 10 hp motor unless the operator is accompanied by a person 18 years of age or older or the operator has taken and passed a boating safety course approved by the Game & Fish Department.

For persons new to boating or who wish to take a refresher course, the game and fish department offers the North Dakota Boating Basics course. There is no charge for this home-study course and your insurance company may offer you a discount on your premium. The course is intended for persons at least 11 1/2 years of age. To order a free Boating Basics course through the mail, contact Nancy Boldt, North Dakota Game and Fish Department, 100 N. Bismarck Expressway, Bismarck, ND 58501-5095, call 701-328-6312.

Once an approved course recognized by the North Dakota Fish & Game Department has been successfully completed, you will receive a Boater Education Graduate Card issued by the Department; this is proof of education for those required to enroll and pass a boating safety course and is the only card recognized by game wardens.

Prohibited Operations:

No person shall operate any vessel, including a PWC, or manipulate water skis or similar towed devices in a reckless or negligent manner. The failure to exercise the degree of care necessary to prevent endangering life, limb, or property may be considered reckless and negligent. Below are just a few of the prohibited methods of operation in North Dakota.

• Operating in an overloaded condition.
• Weaving through congested or motorboat or vessel traffic.
• Operating near dams or other hazardous waters.
• Operating in such a manner to cause a dangerous or damaging wake.
• Operating in such a manner as to molest or annoy persons lawfully engaged in fishing.
• Jumping the wake of another motorboat or vessel within 100 feet of the motorboat or vessel, or in any other manner that is not reasonable or prudent.
• Operating within swimming areas designated by markers or by the presence of swimmers.
• Use of excessive speed during periods of reduced visibility while in close proximity of other vessels, while in narrow, winding channels, or near dock or marinas
• Operating a motorboat or vessel within 100 feet of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied anchored or non-motorized vessel.
• Operating a motorboat or vessel within 250 feet of a reduced speed or slow-no-wake sign at greater than slow-no-wake speed.

Boat and PWC Speed Limits:

Boat speed limits are regulated by law for certain areas and conditions. When no speed limit is posted you should operate your boat so that it will not endanger others or cause injury, damage, or unnecessary inconvenience. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• In North Dakota, a "slow-no-wake" speed means the slowest possible speed necessary to maintain steerage.
• White buoys or signs with red or orange markings indicate special speed limits and no-wake zones.

Special Activities Restrictions and Considerations:

Many states regulate certain other water related activities. For your safety, and for those who may be in the water, you should abide by these special laws:

Special Activities, Restrictions & Requirements:

• When engaged in water skiing or other tow sport activities, an observer must be aboard to observe the progress of the person(s) being towed.
• No person may operate a vessel towing a person(s) on water skis, surfboard, or similar device, nor may any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one hour after sunset to one hour before sunrise.
• No person may operate or manipulate any vessel, towrope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person theron, to collide with or strike against any object or person.
• PWCs must not be altered such that any part of the spring-loaded throttle mechanism is removed or otherwise tampered with so as to interfere with the return-to-idle system.
• PWCs equipped with an engine cut-off lanyard must be attached to the person, clothing, or personal flotation device of the operator.
• The red and white “diver’s flag” must be displayed on a boat or buoy during any diving or spear fishing. Operators of boats must exercise caution when near a diver’s flag.

Boating Under the Influence

Boating Under the Influence (BUI) is illegal in North Dakota. North Dakota law prohibits the operation of any vessel or the manipulation of any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana.

As on the roadways, on-water enforcement officers may administer sobriety tests to determine level of sobriety. Specifically, if the operator has an alcohol, drug or combination thereof concentration of .10% blood alcohol content (BAC) or over or the operator refuses to submit to testing, his/her privileges may be revoked in addition to other penalties.

Officer Authority, Compliance & Assistance

Enforcement officers and game wardens of the North Dakota Fish & Game Department have the duty to provide for safety on the water and have the authority to stop and/or inspect vessels to enforce North Dakota boating laws.

Boat operators must immediately yield and reduce speed when being overtaken, approached or directed by a law enforcement official, or halt progress if directed. If an "unsafe" condition exists aboard, officers may direct operators to take immediate and reasonable corrective action.

The following are just a few of the unsafe conditions that officers encounter:

Continued use or refusal to terminate use of a boat after being ordered to correct an especially hazardous condition by a law enforcement officer, is against the law.

Accident Reporting Requirements

Anyone involved in a boating accident is required to stop and give assistance as long as it will not personally endanger the operator, passengers or vessel. The operator/owner of a vessel used for recreational purposes is required to file a report in writing whenever an accident results in:

• Loss of life or disappearance from a vessel
• An injury which results in medical treatment beyond first aid
• Property damage exceeds $500 in total or there is complete loss of vessel

Reports in death and injury cases must be submitted within 48 hours. Reports in other cases must be submitted within 5 days. Reports must be submitted to the reporting authority in the state where the accident occurred.

Other State Boating Laws

Often times counties, cities and districts within a state will have different, more restrictive laws. Boating laws are subject to change and it is your responsibility to be informed of the law as it applies to you and your on-water activities. To be absolutely certain about specific boating laws in your state it is wise to contact your state boating agency.

It is Your Responsibility – Be Informed!

We provide this information as a service and strive to keep this website up to date. Please let us know of any inconsistencies by bringing them to our attention at once at onlinecourse@boatus.com. Resources for these pages include state statutes, state web pages and state approved boating guides. BoatU.S. is not responsible for any misinterpretation of the law or any change in the law that is not adequately reflected in these pages. Damages as a result of failing to abide by stated law shall not be the responsibility of BoatU.S., BoatU.S. Foundation or its employees.

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