R651-206-7. Towing Vessels for Hire Requirements

  (1) Any person or entity that provides the service of towing vessels for hire on waters of this state, shall make application with the Division as an outfitting company.

  (2) A vessel engaged in the activity of towing vessels for hire shall comply with the dockside and dry dock vessel maintenance and inspection requirements, plus the additional equipment requirements described in this section.

  (3) Any conditions of a contract, special use permit, or other agreement with a person or entity that is towing vessels for hire, shall not supersede the boating safety and assistance activities of a state park ranger, other law enforcement officer, emergency and search and rescue personnel, a member of the U.S. Coast Guard Auxiliary, or any other person providing "Good Samaritan" service to vessels needing or requesting assistance.

  (4) Any vessel receiving assistance from a state park ranger, other law enforcement officer, emergency and search and rescue personnel, a member of the U.S. Coast Guard Auxiliary, or any person providing "Good Samaritan" service need not be turned over to, or directed to a person or entity registered with the Division and authorized to tow vessels for hire, unless the operator or owner of the vessel receiving assistance specifically requests such action.

  (5) A trip leader or guide towing vessels for hire shall immediately notify a law enforcement officer of any vessel they assist, if the person reasonably believes the vessel being assisted was involved in a reportable boating accident or the operator or occupants pose a threat to themselves or others.

  (6) A trip leader or guide towing vessels for hire shall not perform an emergency rescue unless he reasonably believes immediate emergency assistance is required to save the lives of persons, prevent additional injuries to persons onboard a vessel, or reduce damage to a vessel, and a state park ranger, other law enforcement officer, emergency and search and rescue personnel, or a member of the U.S. Coast Guard Auxiliary is not immediately available, or a state park ranger, other law enforcement officer, or emergency and search and rescue personnel make such a request for emergency assistance.

  (7) The owner of a vessel engaged in towing vessels for hire shall carry general liability insurance. The insurance coverage shall be determined by the permitting agency.

  (8) A vessel engaged in towing vessels for hire, shall be a minimum of 21 feet in length and have a minimum total of a 150 hp gasoline engine(s) or a 90 hp diesel engine(s). The towing vessel should be as large as or larger than the average vessel it will be towing.

  (9) An outfitting company shall provide appropriate types of training for each of its trip leaders or guides. Each trip leader or guide shall conduct a minimum of five training evolutions of towing a vessel each year, with at least one evolution being a side tow.

  (10) The trip leader or guide and any passengers on board a vessel engaged in towing vessels for hire, shall wear a PFD at all times. The trip leader or guide is responsible for all occupants of a vessel being towed wear a properly fitted PFD for the duration of the tow.

  (11) An outfitting company engaged in towing vessels for hire shall keep a log of each tow or vessel assist. The towing vessels for hire log of activities shall include:

  (a) Assisted vessel's assigned bow number.

  (b) Name of assisted vessel's owner or operator, including address and phone number.

  (c) Number of persons on board the assisted vessel.

  (d) Nature of assistance.

  (e) Date and time assistance provided.

  (f) Location of the assisted vessel.

  (g) The trip leader or guide of the vessel towing for hire shall make appropriate radio or other communications of the above actions with a person on land preferable at the outfitting company's place of business.

  (h) Upon request of an agent of the Division, an outfitting company shall provide the Division with a copy of a towing vessels for hire log.

  (12) Additional equipment requirements for vessels towing for hire:

  (a) PFDs.

  (i) Shall carry a sufficient number of Wearable PFDs, approved for the activity engaged in, for all persons on board a towed vessel.

  (ii) Shall carry a minimum of two throwable PFDs, one of which shall be a ring life buoy.

  (b) Shall be equipped with a depth finder.

  (c) Shall be equipped with a tow Line.

  (i) Shall be a minimum of 100 feet of 5/8" line with a tow bridle.

  (ii) Towing vessel shall be equipped with a towing post or reinforced cleats.

  (d) Vessel shall carry a dewatering pump with a minimum capacity of 25 gallons per minute, to be used to dewater other vessels.

  (e) If a vessel is towing for hire between sunset and sunrise, the vessel shall carry the following pieces of equipment.

  (i) A white spot light with a minimum brightness of 500,000 candle power.

  (ii) It is recommended that a vessel be equipped with electronic RADAR equipment.

  (f) Vessel shall carry a loudhailer, speaker, or other means of communicating with another vessel from a distance.

  (g) Vessel shall carry the following equipment, in addition to the equipment required for vessels carrying passengers for hire.

  (i) A knife capable of cutting the vessel's towline;

  (ii) A boat hook;

  (iii) A minimum of four six-inch fenders;

  (iv) Binoculars;

  (v) A jump starting system;

  (vi) A tool kit and spare items for repairs on assisting vessel; and

  (vii) Damage control items for quick repairs to another vessel.