Common Kayaking Laws in Virginia
Virginia recognizes kayaks as a type of watercraft or vessel. Under the code, the basic law of this "watercraft" is not unlike that of a canoe or rowboat. However, there are some sole factors that make the degree of freedom these vessels have much different, even if they are subject to the same rules necessarily. First, motorboats (i.e. any watercraft with a motor) are subject to much more regulation. That means there is a greater burden on motorboats to carry equipment and be up to the laws generally. There will be a story later posted on motors and the effect of them when using a kayak. From the perspective of law enforcement, a kayak is treated, technically, as a boat. Boater safety rules apply to it. Beyond that, other rules exist about the contents of the kayak and more, including the need for life jackets, noise-making devices, and distress equipment. There are additional rules that may apply based on where you are or where you are headed . The amount of equipment generally increases the further you head out from the shore. For example, you may not need a navigation light in shallow water, but it becomes essential when the sun goes down. A kayak is not subject to vessel title or registration laws, because it has no motive power (i.e. a motor). Even without the registration, a kayak operator is subject to other laws. For example, a kayak operator on the water must obey instructions and notices from the Coast Guard, other federal agencies, and state and local authorities. All of the general rules about safety, supervision (i.e. age), and intoxication apply to kayaking too. Next, a kayak is treated for the purpose of Navigational Rules in the same way as vessels that are not powered by motors. A kayak does not have any special exceptions or definitions. Without any exceptions, the Navigation Rules apply to the kayak the same as they do the ship that weighs several tons.
Kayaking Age and Licensing Regulations
Virginia kayakers should be aware of the basic age and licensing requirements for paddling in our state parks and waterways. The minimum age to operate a kayak unsupervised is 16. Children who are at least 12 years old can independently operate a kayak on a boat ramp as long as they are riding with someone at least 18 years old (though operators under 16 are required to wear a life jacket at all times). For a full list of age requirements, refer to this state-maintained chart.
Operating a kayak in Virginia required a person to have a Certificate of Completion for boating safety education or a temporary recruiting exemption if 45 years of age or younger (those 45 and older can waive out of education requirements for boating). There are possible penalties for operators who violate the safety educational requirements.
There are a few exceptions to these requirements. One is if you are kayaking on a paddlecraft (a kayak, inner tube, or other inflatable device approved by the United States Coast Guard) under the supervision of someone 18 years of age or older or the Coast Guard’s Merchant Mariner Credentials of the United States. There are also exemptions for paddling State Park-provided kayaks, paddling in emergency or safety situations, and paddling on non-tidal streams and inland public lakes that are less than ten acres.
Safety Equipment and Gear Requirements
Even if you are not a lawyer, you would be well advised to know about the laws that govern any activity you are going to do. Just as an attorney should know the rules for filing pleadings (they have to file them anyway), you should know that some aspects of safety on the water are legally mandated. The Coast Guard and the states have many rules in place to help preserve order and safety. The Coast Guard (and Virginia) requires anyone who uses a boat or kayak to follow rules. Here’s the list: A personal flotation device (life jacket) must be provided for each person on the kayak (or other boat). Here are the requirements: (1) It must be US Coast Guard (USCG) approved . . . AND . . . (2) It must be "readily accessible." Note that inflatable life jackets are not approved for use "while waterskiing or using personal watercraft." In addition, all PFD’s must show the Coast Guard-approved number. As a general rule, children under the age of 13 are required to wear life jackets. Fully compliant life jackets are also required for children under the age of 5 on vessels less than 18 feet long. Additional required equipment might include a sound-producing device such as a whistle. A whistle on a lanyard may be easier to use in an emergency. Additionally, a fire extinguisher is required on all motorized vessels with closed compartments. The rules across state lines may vary from Virginia’s but that doesn’t mean the Coast Guard or the state will be lenient. Check before you leave shore.
Environmental Regulations for Kayakers
Understanding the environmental laws related to your activity on the water is of utmost importance, especially for kayak enthusiasts. While you do not have the same rights as a boater, you do have certain obligations that you need to follow.
Wildlife Some waterways have restrictions on interaction with wildlife, particularly for protected species such as red-cockaded woodpeckers. Always check the current laws before you float in an area. If you come across a nest, avoid disturbing it if at all possible. Do not feed or give water to the animals in the area. In addition to being illegal, this may lead to aggressive behavior if the creature feels threatened.
Avoid jumping or diving off your kayak into the water. Even a simple accident can cause injury if you land badly. Other users on the water will not be prepared for someone suddenly entering the water, especially if they are unaware you plan on the leap. The encounter may cause an injury. In addition, some animals may feel threatened and bite you to defend themselves. Some animals may also perceive you as food, such as a fish you may have caught and tossed back.
If you are fishing, you may not remove a fish from your kayak and toss it overboard. It is illegal to return a fish to the water if you have already caught it and removed it from the water. There are also time restrictions on when you may fish on certain types of waterways in Virginia.
Trash Too many boaters and anglers throw trash overboard. Not only is this illegal, it is dangerous to the wildlife that inhabits the water.
Always take your trash with you. Pack it in a bag, and take it back with you when you leave. Dispose of it properly. Some establishments have trash cans and dumpsters, and you can take it home with you as well. Even biological waste such as vomit and feces should be packed up and taken away.
If you encounter trash in the water and you are able to safely remove it from the water, do so. You do not need to take risks to do so, however, and can report the trash to the authorities if you are unable to collect it.
Be careful to avoid stepping on marsh grasses, which are vital to the ecosystem. Avoid using water on the marsh as well as vegetation.
For all activities, put out your fires properly.
Acts of Congress In addition to state and local laws, you must also abide by any relevant federal laws. There are numerous regulations that prohibit certain activities, including:
Closings Waterways may be restricted in certain areas, including popular ones that are dangerous times of the year. Federal and state authorities may make these closures. Check with the relevant authorities before you plan to float in an area that may be closed.
Similar limitations may be placed on parking. Make sure to pay attention to the signs and follow all posted regulations.
Navigational and Waterway Laws
Every vessel on the water must obey general navigation rules to ensure safe passage of all vessels. For example, overtaking vessels must give way to the vessel being overtaken, and vessels not under command (unable to maneuver due to extraordinary circumstances) must be avoided by all vessels .
In addition to Virginia’s general rules, there are other limitations for marine vessels in waters used by the public generally for recreational purposes:
Swimmers: Swimmers always have the right of way and should not be subject to being overtaken by motorized vessels.
Inland:
Loading and Unloading Boats: Motorized vessels may not at any time use a boat ramp unless it is either engaged in loading or unloading a vessel or obtains the explicit permission of the owner of the ramp to do so.
Alcohol Regulations for Kayakers
While enjoying your normal 3 beer daytime kayak outing, don’t begin thinking you will blow a .03 breath test at the boat launch to the game wardens.
Under Virginia law, the same blood alcohol level that is legal for operating your car or truck on the road in the daylight hours, may not apply to you once you are on the water in your kayak or canoe. This is because the definitions of "on the highway" and "operating" are different in Section 46.2-102 to the rules under Section 29.1-738. The latter is the title for the sections in the Virginia Code regulating operation of personal watercraft. Under Section 29.1-738, the offense of Boating Under the Influence (excluding the term "operation" from the section title) applies to "a person operating a motorboat, vessel, or other watercraft." Note the term "operating" is absent under 29.1-738.
To illustrate the difference, here is the definition of "operating" under the Virginia DUI law (46.2-102):
"Operating" means driving or operating a motor vehicle, engine, train, boat, or any other vehicle in any manner that materially affects the speed or movement of the motor vehicle, engine, train, boat or other vehicle.
In contrast, the term "on the highway" under 46.2-102 means allowing grounds covered by the moveable structure on the vehicle to touch the paved surface.
It does not appear that there are any cases from Virginia’s appellate courts addressing this issue of definition; and no one should expect that any such interpretation in favor of the intoxicated boater would last very long given the potential danger.
The statute apparently means to define "operation" to mean the same as "on the highway," that is the method of "propulsion" being a critical aspect to a violation.!! Thus, while it may be a stretch of imagination, it may be argued another time on how a kayak powered by paddles may be deemed to be "operated" or permitted to operate under the "drive, operate or allow to be operated as defined above." Suffice it to say at least that the very small legal distinction between "operating" and "driving" in the DUI statute under 46.2-102 does not exist under 29.1-738 relating to boats.
So while perhaps institutions of higher education are revamping their syllabus for drinking and driving, boozing on the water can still kill you and others as well.
Penalties for Violation of Kayaking Laws
When navigating the waters of Virginia, whether on known waterways traversed countless times or in more obscure locations, a healthy respect for the state’s rules and regulations devoted to such activity is essential. While engaging in a recreational activity, or forming new memories during a family trip, it can be easy to forget even the most mundane guidelines, such as those governing required safety gear on board. The consequences for this lapse in judgment can range from significant fines to the possibility of criminal charges. In 2022, in an effort to make our waters safer and preserve our beautiful and threatened wildlife and habitat, our legislature amended several Code sections to make Virginia the first state in the U.S. to protect its native eels, turtles, frogs, and alligator snapping turtles. Anyone who catches any of these wildlife species is subject to rules set forth in Section 29.1-347 through 29.1-350 of the Code of Virginia. Violation of these laws can constitute a Class 3 misdemeanor, which carries up to a $500 civil penalty. In addition, for violators who take species of fish or aquatic life into possession or cause it to be taken into a person’s possession in violation of Title 29.1 of the Code, a fine can be imposed not to exceed DOUBLE the assessed fee for the species or aquatic life so regulated. Fines can be imposed regardless of whether the possession is lawful or unlawful, and the authority delineating the assessment of such fines is found in Code Section 29.1-570. In an effort to keep our waterways safe for all vessels and users, especially motorboats, the Virginia Boating Safety Act provides that no person shall operate any motorboat or vessel between the hours from one-half hour after sunset to one-half hour before sunrise when they cannot obtain the required navigation lights or they would otherwise be unlit or improperly lit, unless by some other means they are lighting the motorboat in conformance with federal guidelines found in 33 CFR 183.803 relating to operational lighting requirements. Anyone convicted of this section is guilty of a Class 4 misdemeanor, punishable by a fine of up to $250.00, as is found in Code Section 29.1-738. This blog touched on only the very basics of what the law provides in terms of potential monetary penalties. Of course, depending upon all of the circumstances of your offense, the potential for civil or criminal liability exists. In addition to the potential for criminal fines and charges, the Board of Game and Inland Fisheries now has the power to deny, suspend, or revoke sporting licenses or permits upon conviction of a criminal offense, as set forth in Code Sections 29.1-301 and 29.1-301.1. Anytime someone chooses to violate the law, the Department of Wildlife Resources and Virginia Marine Police are authorized to seize and hold, dispose of, or dispose of any or all items seized including vessels, trailers, and all equipment on board or attached. When in possession of fish or wildlife seized and held by the Department, it is the court that will have the power to decide whether to return the seized property to the defendant, or to award it to the Department for disposal, resale, or official use, as stated in Code Section 29.1-562. It is important, when planning any winter or summer expedition, to be aware of the potential legal and financial consequences of running afoul of the law in areas where you plan to travel or recreate. It is essential to educate yourself in the laws and regulations applicable to your location, or to seek the advice of qualified counsel if you find that you may have committed an error.
Where to Learn More about Kayaking Laws
With the continuously evolving legal and administrative regulations surrounding the use of our waterways and the natural sensitivity of our water bodies, it is important for all of us to stay abreast of current legal issues. Current bills being introduced to the General Assembly, case law addressing questions of law, and basic information concerning the rules governing our interactions with Virginia waters can be obtained from one of the following sources.
Virginia Waterways Clean-Up Fund, Inc., SWCD, 1 Ratcliffe Dr., Richmond, 23236; Telephone: (804) 371-2979; (804) 225-3447
VIRGINIA WILDLIFE, BOATING & FORSTERIES:
P.O. Box 90778
Richmond, Virginia 23228
Phone: (804) 367-1000
Fax: (804) 367-2441
www.dgif.state.va.us
VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES:
P.O. Box 90778
Richmond, Virginia 23228
Phone: (804) 367-1000
Fax: (804) 367-2441
[email protected]
16 VAC20-320-10 — (No Page Found) / A Rule-Making and Statutory Authority from Virginia Marine Resources Commission
VALIDUS, Working Conservationists For Va. Natural Resources
VERIZON , Accessing Government Information by Phone
VERTEX, The Virginia Marine Law Man
VIRGINIA HIKE MAPS & RIVER MAPS
VIRGINIA MARINE RESOURCES COMMISSION, 2600 Washington Ave., Newport News, 23607; Telephone: (757) 247-2200; (804) 824-2391
VIRGINIA MARINE SPARTAN RACE PAGE (The Spartan Race combines snow hiking with a twist of cross training in your winter gear and water — check it out!)
Water Trail, A. VOPOS
The Open Waterways Database, United States, Australia and England via Watershed Stormwater Management Program (Canadian source) with individual State Data.
Water Flora & Fauna, Virginia Region; Preamble
Virginia Marine Resource Commission; Division of Watercraft; Gulf Stream, Sunset;
Virginia Operators Fleet, FBI Boat Crime Organization, FBI, U.S.
Virginia Dept. Game & Inland Fisheries; Report Mismanagement and Resource Waste
Virginia Dept. Environmental Quality
DEQ Home Page
HSMOA (Hazardous Substance Management & Outreach Program)
Virginia State Police
Please feel free to recommend other resources to be added.