DAR File No. 37603

Natural Resources, Parks and Recreation

Section R651-216-8

Use of Non-Navigational Lights

Notice of Proposed Rule

(Amendment)

DAR File No.: 37603
Filed: 05/07/2013 07:17:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The uses of spotlights were limited under our "non-Navigation Lights" rule. Fishing, bow-fishing and scientific research at night routinely use spot lights.

Summary of the rule or change:

The fishing, bow-fishing and scientific research communities are asking for an exemption in the use of non-navigational lights outside of a navigational channel. The proposed exemption will legalize the use of these lights engaged in those activities.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-8(2)

Anticipated cost or savings to:

the state budget:

This rule change will not affect the state budget as it makes exemptions for certain persons that use their vessels at night.

local governments:

This rule change will not affect local government as it makes exemptions for certain persons that use their vessels at night.

small businesses:

This rule change will not affect small business as it makes exemptions for certain persons that use their vessels at night.

persons other than small businesses, businesses, or local governmental entities:

This rule change will not affect others as it makes exemptions for certain persons that use their vessels at night.

Compliance costs for affected persons:

This rule change will not affect compliance costs as it makes exemptions for certain persons that use their vessels at night.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule could enhance business for bow-fishing sales of equipment.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-216. Navigation Lights - Note: Figures 1 through 7 mentioned below are on file with the Utah Division of Parks and Recreation.

R651-216-8. Use of Non-Navigational Lights.

Vessels may only display lights as outlined above, except: (a) a spotlight or other non-navigational light may be used intermittently to locate a hazard to navigation, or (b) non-navigational lights may be used during a federal or state permitted marine parade, [.]or (c) a spotlight or other non-navigational light may be used when actively engaged in fishing, bow fishing or scientific research on board vessels that are not in a navigational channel and that are being operated at a wakeless speed.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [May 9, 2011]July 8, 2013

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-8(2)