TITLE 17: CONSERVATION
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AUTHORITY: Implementing and authorized by Sections 2-1, 2-2, 5-18, 7-1, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9 and 8-3 of the Boat Registration and Safety Act [625 ILCS 45/2-1, 2-2, 5-18, 7-1, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9 and 8-3].
SOURCE: Adopted at 20 Ill. Reg. 15697, effective December 2, 1996; amended at 22 Ill. Reg. 10491, effective June 1, 1998; amended at 23 Ill. Reg. 9062, effective July 28, 1999; amended at 24 Ill. Reg. 3594, effective February 17, 2000; amended at 30 Ill. Reg. 14529, effective August 24, 2006; amended at 40 Ill. Reg. 7809, effective May 16, 2016; amended at 45 Ill. Reg. 8394, effective June 23, 2021.
Section 2080.10 Introduction
The State of Illinois, Department of Natural Resources, hereby announces the rules and regulations supplementing the provisions of the Boat Registration and Safety Act of 1959 [625 ILCS 45].
Section 2080.20 Definitions
Department – the Department of Natural Resources.
Dockside Inspection – an examination of a watercraft in the water so that all equipment and systems may be inspected.
Dry Dock Inspection – an examination of a watercraft out of the water and supported so all the exterior and interior of the watercraft may be examined.
General Maintenance – dry docking or hauling out of a watercraft for painting or cleaning the hull and rudder, or the changing of a propeller shaft and associated bearings.
Good Marine Practice and Standards – those methods and ways of maintaining, operating, equipping, repairing and restructuring watercraft as determined by the marine inspector. The marine inspector shall use commonly accepted standards, including 46 CFR Subchapters T, K and H, the standards of the American Boat and Yacht Council, the standards of the American Bureau of Shipping, and other appropriate generally accepted standards as sources of reference.
Independent Certifier – any person who, through his background, experience, or training, is qualified to inspect a vessel for equipment carriage requirements as set forth in this Part, and certify compliance to the Department. Such person may include, but not be limited to, a marine inspector as defined in this Part, or a qualified member of the U.S. Coast Guard Auxiliary, but may not include the owner, anyone related to the owner, or any employee of the vessel being inspected.
Inland Waters – all waters of the State, except navigable waters.
Marine Inspector – a marine surveyor with at least five years experience, or a professional engineer licensed by the Illinois Department of Professional Regulation.
Merchant Mariner Credential – a credential issued by the U.S. Coast Guard under 46 CFR 10.
Navigable Waters – those waters of the State over which the State of Illinois and the U.S. Coast Guard exercise joint jurisdiction, including Lake Michigan, to the upstream limit of navigation as determined by the United States Department of the Army, Corps of Engineers.
Open Boat – a watercraft, either with or without engines or motors, which has its engine, fuel tank compartments, and other spaces, except weather enclosures, open to the atmosphere and arranged to prevent or preclude the entrapment of explosive and flammable gases and vapors within the watercraft.
Owner – a person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him or her to possession. "Owner" also means a person acting on the behalf of the owner in all matters concerning the watercraft.
"Personal Flotation Device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under 46 CFR 160.
State Boating Law Administrator – the Department of Natural Resources law enforcement officer assigned to administer boating statutes and rules for boating safety.
Suitable – the marine inspector has determined an item is in keeping with good marine practice and standards.
(Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021)