REALLY important to read this: Coast Guard's new (Oct. 3!) sup ruling

[clayfeeter]

Hi Randy/Team Standup Zone,

     You are doing a great service to us all by helping us get ahead of the curve on the the Coast Guard's just handed down ruling that could affect us all in small and HUGE ways, like:

A.  having to wear pfds, and
B.  possible exclusion from the surf zone!


I agree with Tom's StandupZone posting that we are basically paddling a lifeguard board, so why WOULDN'T the Coast Guard be ok with us not wearing pfds...

...and also I agree with Bill/Kenalu.com that the Coast Guard may be ok with us wearing leashes for the same reason they exempt sailboards from wearing PFD's:
                                           -because the sail acts as a sea anchor.

IMPORTANT... Please read the ruling (below), we may need to understand it so we can combat it:
               See ya,
                       Clay
                       Standup Journal
                       clay@standupjournal.com

This was officially recognized by the US Coast Guard on October 3, 2008:

A Paddleboard is considered a Vessel
 
All applicalbe laws and regulations will apply to the use of a 'stand up paddleboard/paddleboard' that pertain to vessels under the U.S.C.G, such as wearing the appropriate USCG approved 'type' of lifejacket persuant to the waterway being operated under, and not limited to other regulations.  The Chief of Boating Safety for the U.S.C.G. has officially recognized a paddleboard as a vessel.
 
These laws will apply to enforcement of the boating safety regulations for paddleboard specific use.  The USCG considers a "paddleboard" to be a vessel upon research and the criteria used and guidance provided in previous legal opinions regarding whether or not it is specified as a vessel under 1 U.S.C.&3.  Based upon the information available, the USCG determined when beyond the narrow limits of swimming, surfing or bathing area, the device known as a "paddleboard" is a vessel under 46 U.S.C.&2101, and therefore subject to applicable regulations administered by the US Coast Guard and its Office of Auxiliary and Boating Safety, unless specifically exempted. 
 
PARAMETERS FOR DETERMINING WHETHER A 'PADDLEBOARD" IS A VESSEL
 
(1) Whether the watercraft is "practically capable" of carrying persons or property beyond the narrow limits of a swimming, surfing or bathing area:
 
A paddleboard is "practically capable' of and intended to be used as a watersport activity beyond the narrow limits of a swimming, surfing, or bathing area.  It combines traits of surfing and canoeing.  In Paddleboarding, a person stands on a large board which is stable enough to support a person while they paddle the device using a paddle in a manner similar to operating a canoe.
 
Paddleboard manufacturers depict this activity as multi-use, ranging from use as a 'paddling' activity on inland waterways to a form of 'surfing' in the ocean.  For novice and the less thrill-seeking, using the craft to simply enjoy time on the water is becoming more popular. 
 
(2)  Whether the useful operating range of the device is limited by the physical endurance of its operator:
 
The operator of a paddleboard manually propels the craft through the use of a paddle. To a large extend the operating range is limited to the physical endurance of the operator, although because of its stability, the paddleboard could easily drift with the wind and water current. This potential physical endurance limitation is similar to that impacting sailboarding, canoeing, kayaking and other boating activities requiring high levels of physical capability.
 
(3)  Whether the device presents a substantial hazard to navigation or safety not already present:
 
Paddleboard maneuvered across a waterway to locations where other larger and faster craft travel present a substantial hazard to navigation or safety not already present.  Paddleboards are not as powerful or maneuverable as larger craft and they are not as visible.  The paddleboard user faces a similar hazard as other users of sailboards and canoeists/kayakers.
 
There are paddleboarding competitions in coastal areas and organized paddleboard excursions on inland waterways.  Paddleboard 'trails' have also been established, including one on the Deschutes River in Oregon that is 60 miles long.
 
(4)  Whether the normal objectives sought to be accomplished by the regulation of a device as a 'vessel' are present:
 
As a potential hazard to navigation or safety, regulation of paddleboards as vessels would meet the normal objectives sought to be accomplished by the National Recreational Boating Safety Program.
 
(5)  Whether the operator and/or cargo would no longer be safe in the water if the device became disabled.
 
Paddleboards would provide a minimal level of safety to operators if they became disabled.  Thus, the operator may no longer be safe in the water if the operator of the device became fatigued or disabled, or if the device itself became disabled.
 
Conclusion.
 
1 U.S.C.&3 states that "The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."  Given the answers to the questions above and the definition of the word "Vessel" in the US Code, when utilized beyond the narrow limits of a swimming, surfing, or bathing area, a paddleboard is a vessel subject to regulations administered by the U.S. Coast Guard.
 
This was recognized on October 3, 2008

[stoneaxe]

The worst part about this is that there probably aren't enough of us to make enough noise about this where it will matter. There will also be others pushing to keep this reg in place and try using it to exclude us from the surf zones.

Any good lawyers on the zone?

[Shawn]

just when I thought I was going to watch the SUP division at Cardiff and watch a game... back to the books. 

[Tom]

Ok, what makes a SUP a SUP? Which of the following is a SUP and which is a surfboard?

A-


The 9-3 Ripper

9'-3" x 28-3/8" x 4-1/4"

or B-


Mickey Munoz - 12'0 Super-Glide

LENGTH:     12'      
MID:    26.25"     
THICK:    4.25"    

[Shawn]

Conclusion.
 
1 U.S.C.&3 states that "The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."  Given the answers to the questions above and the definition of the word "Vessel" in the US Code, when utilized beyond the narrow limits of a swimming, surfing, or bathing area, a paddleboard is a vessel subject to regulations administered by the U.S. Coast Guard.
This was recognized on October 3, 2008

Now it is the legal definition of the narrow limits of a swimming, surfing or bathing area where a paddleboard is considered a vessel is to be challenged.

[Admin]

the USCG determined when beyond the narrow limits of swimming, surfing or bathing area, the device known as a "paddleboard" is a vessel

At face value this reads pretty clearly from the Coast Guard's standpoint:

Outside already defined zones where surfing, swimming and bathing is permitted, stand up is considered a Vessel and the existing regulations for that area would apply. 

There is no mention or suggestion of any regulation on stand up paddling inside the already defined zones where surfing, swimming and bathing is permitted.  If anything, this would suggest that stand up boards would not be considered vessels within those areas, although what they would be is not clearly defined.

[FB1]

Conclusion.
 
1 U.S.C.&3 states that "The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water."  Given the answers to the questions above and the definition of the word "Vessel" in the US Code, when utilized beyond the narrow limits of a swimming, surfing, or bathing area, a paddleboard is a vessel subject to regulations administered by the U.S. Coast Guard.
This was recognized on October 3, 2008

Now it is the legal definition of the narrow limits of a swimming, surfing or bathing area where a paddleboard is considered a vessel is to be challenged.

You could argue that catching runners is "surfing".

The definition of the noun surfing is: "The sport of riding on the crest or along the tunnel of a wave, especially while standing or lying on a surfboard. Also called surfboarding".

Catching a runner could be interpreted as "riding on a crest"! There is no definition of a wave in the Coast Guard ruling.

If we have to define a wave i'll have to spend another night in a Holiday Inn Express.

Out

[silentsurf]

It's funny this happened.
When I was paddling the other day in the bay, I did have to cross through boating areas.
I thought to myself maybe I should use a life jacket in the bay.
I think that's all they really mean.

When you are in the ocean surfing on SUP, you wouldn't need one. 
I think they just want us to wear them in areas where you may get hit by a boat.   

It doesn't sound too bad.

 

[Tom]

What really needs to happen is a SUP needs to be defined as a SUP and any area that needs special attention needs to be addressed. When cars replaced horses, they tried to use the laws made for horses, but that didn't work. It would be better for the Coast Guard to say that SUP boards operated more than 1/4 mile off shore needs to have a leash attaching the rider with the board (or something to that extent).

[supstoked]

To say "that's not too bad " is to surrender.  Anytime big brother starts making up rules for our enjoyment of the ocean, we suffer. 

[Kaweeka]

Would think the two main questions (that hopefully joint research will answer) are:

1) OK so we are vessels outside the surf zone . . .  What is the surf zone?  And just what does being a vessel entail?  Just a PFD or do  you need lights, fire extinguishers, coolers of beer, etc.

2) If these rules are onerous just how do we get them changed.  Be careful what you wish for since change is not always good.  Don't piss off a government agency if you don't have to!

I did find a few interesting scraps of information with a short search:

1) Capsizing and falls overboard are the most reported types of fatal accidents and accounted for the majority (60 percent) of all boating fatalities.  If this applied to us SUP'rs we all be dead already; the way I "operate" my SUP capsizing and falling overboard are all part of the day's fun . . .

2) Alcohol was the leading contributing factor in approximately one-fifth of all boating fatalities.  OK just how many of you are toting a container of Mai Tai's when you are out on a SUP?

3) There are a couple of good things for those in Hawaii.  First if you are on a manually powered craft you do not need to register your "vessel" - this was the first thing that came into my mind (the government here just loves an excuse to take money from you).  Second, most vessels must have emergency communication if they go beyond one mile from land but canoes, thrill craft, surfboards, and paddleboards are exempt (but I got to bet that the guy who tried to Jet Ski from Waimanalo to Molokai the other day wishes he had one!).

Yes the government wants to run your life and always will but when they write stuff like this with enough room between the lines to drive a truck through you have to wonder what they mean to do with this rule.  My guess is that if you are going to go paddle around a lake with a bunch of drunk power boaters you should wear a PFD because you are the easiest one to catch (I'd also suggest a helmet and full body armor but that's just me).  However, if you are going to do a Maliko, Hawaii Kai, or equivalent run do not worry about a  thing.  Worst that can happen is that you get hurt, your buddies have to call the fire department to get you back to shore, the coast guard also shows up, and will get chewed out (but you will be alive and probably deserve the tongue lashing for doing something stupid!).

I have paddled kayaks, surf-skis, outriggers, and now SUP's since 1976 and have been verbally hassled by the coast guard a grand total of one time ( the time they pointed the M-16's at us is another story . . .) and this was when we paddled out to watch the USS Missouri being towed in to Pearl Harbor (the Hawaii equivalent to going out on a lake with the drunks).  There also was no threat of arrest; we were just told to go in and get a PFD.

OK enough blathering - time to mow the yard and then go jump in the water!

[supstoked]

Do ya think the guys at the "Battel of the Paddle" next weekend should bring their PFD's just in case?

[Shawn]

With the amount of talent showing up for the event... the over 5mph 'no wake' zone is out the door, Batten down the hatches, save the women and children, Captian will have to go down with the ship, Thar she blows!
We shall not forget to fly our colors (as all able bodied seafaring Stand Up Paddlers do)...

Hey, I just figured out a new shirt design!

[stoneaxe]

I'll buy one of those shirts Shawn

[surfcal]

Shawn,
 Not being of naval decent what's da flags say?