When you think about outdoor recreation, the rules and regulations associated with it aren’t the first things that come to mind. I get that.
Kayaking is supposed to be a way for you to get out there, explore nature, and have fun doing it – whenever, however, and wherever you like. And for the most part, it is.
But at the same time, there are kayaking rules and regulations you must keep in mind before deciding to launch your kayak. Understanding these rules – and respecting them – is a matter of personal safety and the safety of those around you.
And with that in mind, I think it’s important to take some time to explore the not-so-laid-back side of kayaking – one dealing with all the different laws, regulations, and rules you should follow as a kayaker.
Kayaking Rules – Key Takeaways
- PFD rules and regulations: In most states, you are legally required to wear a PFD, but some states have more lenient variations of the law, where you’re only required to have it on board and make it easily accessible.
- Kayak registration laws: Across the majority of American states, personal watercraft under a certain size (16 to 20 feet) only need to be registered if they’re equipped with a motor.
- BUI rules and regulations: Boating under the influence of alcohol is illegal, with the legal blood alcohol concentration limit in most states being 0.08%.
- Minimum age requirements: No law prohibits children from operating any non-powered vessels – kayaks included – on their own.
- Kayak fishing and hunting regulations: You must obtain a fishing – or hunting – license from the state you’re in and comply with the requirements associated with that license.
- Kayak transportation rules: Depending on your preferred method of transportation and the local law, you’ll need to comply with overhang limits, display safety flags, ensure that you’re not making unlawful vehicle modifications, and secure the load properly.
- Night kayaking regulations: There are no laws that prohibit kayaking at night; although kayakers are legally required to equip their boats with proper navigational lights, carry a noise maker, and have visual distress signals (VDS) on board.
- Reckless or negligent operation rules: Authorities will issue fines for any behavior that is considered “negligent operation,” interferes with safe boating, or puts others in danger.
- Restricted area rules: Paddlers may be prohibited from certain waterways due to public safety concerns, such as extremely shallow waters, dangerous currents, or the presence of obstacles and river hazards.
- Aquatic nuisance laws: The Nonindigenous Aquatic Nuisance Prevention and Control Act aims to prevent the introduction and control the spread of aquatic nuisance species – and, as such, also applies to recreational boaters and anglers.
Kayaking Rules And Regulations To Keep In Mind
Developing rules and regulations in order to manage different aspects of outdoor recreation was obviously necessary. And with kayaking ranking as one of the top five outdoor activities, some of those regulations are relevant to paddlers, too.
We all have the duty to obey the law, after all.
Here’s the tricky part:
Kayaking rules and regulations vary from one state to another. So, it’s crucial to stay informed – and check the local laws before launching your kayak. There is no need for a fun outing to end with you getting a fine – let alone jail time.
Personal Flotation Device Regulation
According to USCG’s reports, 84% of drowning victims in boating accidents weren’t wearing a life jacket. Your PFD may potentially save your life one day, but only if you wear it at all times – no matter your swimming ability or boating expertise.
So, if there’s one kayaking law you should follow, it should be this one.
In the majority of states, you’re legally required to wear a personal flotation device. However, some states may have more lenient variations of the law, where you’re only required to have a PFD on board and ensure that it’s easily accessible – but you don’t necessarily have to wear it.
In order to meet these legal requirements, the life jacket must be:
- In the right size for the intended wearer (based on chest size and body weight)
- Suitable for the intended activity
- Readily accessible and immediately available for use
- In good and serviceable condition
And what if you’re kayaking with children onboard?
The USCG requires kids ages 13 or younger to wear a PFD while the boat is underway. It is a federal law that applies to all states that otherwise do not have specific laws regarding children’s PFDs in place.
You can view the full list of PFD requirements (and associated penalties) by state here.
Kayak Registration Rule
The laws regarding kayak registration can be a bit confusing at times.
Many states only require personal watercraft under a certain size (16 to 20 feet) to be registered if they have a motor:
Any vessel that is designed for recreational use and transportation and is equipped with a motor (including trolling motors) is subject to registration laws and, as such, should be registered in the state of principal use.
However, some states may require all personal watercraft – motorized and non-motorized – to be registered. Kayaks fall under the “recreational, unpowered vessel” category, but adding a trolling motor makes them “motorized” – and, in turn, subject to boat registration laws.
Here’s a list of states that do require kayaks to be registered:
- Pennsylvania (when kayaking in Commission lakes or access areas, PA state parks, and PA state forests)
In other states – namely, Illinois, Delaware, Oklahoma, and Massachusetts – you’ll be required to register all motor-powered boats, including kayaks fitted with a trolling motor. And in Alaska, this is entirely optional for watercraft under 24 feet in length.
My point is:
It’s always best to check with local authorities before launching a kayak in “unknown” waters.
Furthermore, registered kayaks navigating public waters must be numbered appropriately, have a current state sticker (decal), and carry the registration card (or certificate of number) on board as proof of registration.
Boating Under The Influence Regulations
Yes, you can get a ticket for “driving under the influence,” even when you are operating a kayak.
There’s no difference between the terms legality-wise; “BUI” and “BWI” refer to the same things, apply to all types of boats operating in US waters, and are covered by the same laws.
You should keep in mind that the phrase “under the influence” applies not only to alcohol – but to any controlled substances and even certain prescription drugs that can potentially impair your ability to operate a vessel safely.
The legal limit tends to vary from one state to another. However, in most cases, it is the same as the legal limit for drinking and driving.
Most US states have a legal blood alcohol concentration limit of 0.08%. The only exceptions are North Dakota and Wyoming; the blood alcohol limit in these states is 0.1%.
The legal limit is usually even lower for minors – people under 21 years of age should not have a blood alcohol content higher than 0.02%.
Do note that operating a vessel under the influence of drugs or alcohol is subject to laws related to the “negligent operation of the vessel,” too.
In other words:
You may end up with two sets of charges and fines if you get caught boating under the influence and could be facing not only large fines but possible jail time, temporary or permanent loss of your boating license or operating privileges, and even a felony conviction, depending on state laws.
Minimum Age Rules For Non-Powered Vessels
You might be surprised to learn that there is no minimum age requirement for operators of non-powered vessels – such as kayaks and canoes. To put it simply, no federal or state law explicitly prohibits minors from operating kayaks on their own.
Although several US states, including California, New Mexico, Oklahoma, Tennessee, and Utah, do have laws that specify age restrictions, but these only apply to minors operating sail-powered vessels; they do not apply to kayakers.
That doesn’t mean that you should go ahead and let your little ones kayak without supervision. I believe that despite this not being the actual law, the wise thing to do is to follow common sense and safe kayaking practices.
And by that, I mean that young children should not be allowed to kayak into deep waters without adult supervision, be it a parent or a guardian. Fortunately, tandem kayaks are a great choice for introducing your little ones to kayaking – and staying safe while doing so.
Furthermore, be aware that regulations are different when it comes to powered kayaks. Generally speaking, according to the vast majority of state boating laws, anyone operating a motorized kayak should be at least 16 years old or older.
Finally, when it comes to renting kayaks, many companies impose minimum age limits; commonly around 12-13 years of age for solo kayak hires – and typically, anyone under 18 must have a parent or guardian present with them during their rental period.
Kayak Fishing And Hunting Regulations
You’ll need to obtain a fishing license as it is mandatory in every US state – and even applies to catch and release practices.
The only instances where you might not need a license are if you are a part of the exempt group – children, elderly and veterans – or are fishing during state-approved “no-permit days”.
The same applies to hunting:
To hunt in the United States legally, you must obtain a hunting license from the state where you will be hunting and comply with that state’s fish and game department requirements associated with the license.
Additional permits and fees may apply if you’re hunting or fishing in national wildlife refuges and fish hatcheries, though.
Besides license requirements, another thing to pay attention to is seasonality:
- Hunting season dates vary depending on the state you’re in and which species you are hunting. You can find the necessary information here.
- In the majority of states, the fishing season starts in spring – although, again, it depends on the local fishing regulations and the species of fish you hope to catch. In some cases, such as crabbing, it may even be open year-round.
The best course of action is to check the local laws regarding catch sizes, limitations, licensing requirements, as well as open-season dates before heading out.
Fishing and hunting licenses are readily available and can be purchased online from the state’s Fish and Wildlife Department or through retail outlets that deal in hunting and fishing equipment – namely, sporting goods stores.
You can get more information about your state’s fishing regulations and get a license here.
Kayak Transportation Rules
There are several ways to haul a kayak – and each one requires you to follow a specific set of laws and regulations regarding oversized cargo. So, let’s break it down by each method – and see what the law has to say on the topic of hauling a kayak.
The go-to solution for anyone who doesn’t own a pickup truck would be the roof rack. Of course, the main requirement for this method is that your car has factory-installed rack mounts; otherwise, you will need to fit it with an aftermarket system and your kayak roof rack of choice.
Making permanent modifications to the roof of your car could be an issue, though:
Roof rack systems fall under the “unlawful vehicle modifications“ category in some US states and, as such, can result in a traffic citation. And even if the modification itself is legal, some cars simply cannot support the added weight; that’s another thing to keep in mind.
If you choose to invest in a proper kayak trailer – which, by the way, will make hauling a kayak a lot easier – you will need to keep certain safety measures in mind.
- That your car’s tail lights, brake lights, and turn signals remain visible
- That your license plates remain visible
- That you stick to a lower speed limit reserved for vehicles towing a trailer
- That the trailer has functioning tail lights, brake lights, and turn signals
- That you have a working brake system for trailers weighing more than 1500 pounds
- That the trailer measures no more than 8.5 feet in width and 30 to 60 feet in length (size requirements differ for each state)
It’s best to check with your state’s Department of Transportation and the local authorities.
The regulations tend to vary from one state to another with this method of transportation, as well – so, as always, I suggest checking with local authorities before you load up the kayak in the bed of your truck.
That said, you generally need to take note of the following laws:
- Under the Federal Size Regulations of the Department of Transportation, cargo shouldn’t overhang a truck by more than four feet in the back, three feet in the front, or four inches on the sides.
- Some states, like Michigan and Nebraska, don’t have overhang restrictions, while others – namely, Oregon, Arizona, Pennsylvania, Louisiana, Colorado, and Washington – have a higher-than-average overhang limit.
- Displaying safety flags (red or orange flag measuring at least 18 inches) is mandatory for loads that overhang the truck bed by more than four feet.
- For loads that are over two feet wide, two safety flags are required.
- Hauling unsecured loads is not only irresponsible but also illegal – and can even result in jail time in 15 US states.
Night Kayaking Regulations
There are no specific rules set forth by the US Coast Guard that suggest that kayaking at night is illegal. That said, each state does have regulations related to nighttime vessel operation, such as displaying appropriate kayak lights and carrying essential safety equipment, including noise makers and visual distress signals (VDS).
When it comes to federal boating laws, Rule 25 – Sailing Vessels Underway & Vessels Under Oars, defined within the USCG regulations, states the following:
“A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall exhibit an all-around white light or have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent the collision.”
The rule applies to non-motorized “vessels under oars” less than 23 feet long – including kayaks and canoes. The 360-degree white light will act as your primary navigational light and make you visible to others – and, as such, should be displayed from sunset to sunrise.
While the specific requirements for boat operators vary in this regard, all states require kayakers and operators of recreational boats less than 26 feet long to be equipped with a noise maker during a period of reduced visibility – such as between sunset and sunrise or during foggy conditions.
Its prime objective is to enable your vessel to be ‘audibly seen’ by other kayakers and boating operators in the area – to avoid collisions.
The “audible distress signal” can be a marine air horn, a long-range whistle, or any other form of mechanical sound-producing device that would be audible at distances of at least half a mile.
Visual Distress Signals
Visual distress signals (VDSs) are generally recommended as part of your kayaking safety gear; they allow boaters to signal for help in situations that call for immediate assistance. These aren’t always optional, though. USCG-approved visual distress signals are required by law for all watercraft in federally-controlled waters.
You have two options here – pyrotechnic VDSs (hand-held red flares, orange smoke flares, and parachute flares) and non-pyrotechnic VDSs (electric distress lights and code flags).
Here are some additional requirements to keep in mind:
- All vessels must be equipped with night signals when operating at night.
- Kayaks that are fitted with a trolling motor may also be required to carry day signals; that depends on the length of your kayak and the area you’re kayaking in.
- If you opt for pyrotechnic VDSs, you’ll need to carry a minimum of three on board.
Obviously, you should never use visual distress signals if you’re not in trouble and do not require emergency assistance. That’s practically the same as someone making a false 911 call – and it’s illegal and punishable by law.
Reckless Or Negligent Operation Rule
Most US states, except for Ohio and Virginia, also have laws that allow authorities to issue fines for reckless and negligent operation of a vessel.
Under this law, “negligent operation” is defined as any activity or behavior that can interfere with safe operations or put the life (or property) of others in danger.
And while this bit should be obvious, I’d like to add:
Even if you find yourself kayaking in one of the two states that do not have regulations regarding negligent operation, that doesn’t give you an excuse to operate a kayak recklessly – or endanger yourself and other boaters in any way.
The penalties for negligent operation of vessels and interfering with safe operations, as defined by Title 46, Chapter 23, Section 2302 of the United States Code, are:
- A civil penalty of no more than $5,000 for recreational vessels and $25,000 for any other vessels
- A class A misdemeanor for operating a vessel in a grossly negligent manner
- A civil penalty of no more than $5,000 and a class A misdemeanor for boating under the influence of alcohol or dangerous drugs
These laws exist to protect others from those who are clearly operating the kayak recklessly and behaving in a way that endangers people around them while not technically violating other rules and regulations.
In other words:
Even if you do not break any other laws but are irresponsible and reckless, you will be subject to penalties under this law.
Restricted Area Rules
A “restricted area,” in this context, refers to the section of the waterway within which recreational boating is subject to restrictions – or from which personal watercraft have been excluded entirely.
That is most commonly done due to public safety concerns.
For example, you might be prohibited from kayaking in certain areas due to extremely low water levels, dangerous currents, or the presence of any obstacles and river hazards that are deemed unsafe for kayakers. These restricted areas will likely be marked with a series of buoys and rope lines during the season, so they should be easy to spot and navigate around.
However, since they can sometimes get removed during the off-season – especially in areas that have severe weather during the winter – I would recommend stopping by the local ranger station or contacting the Coast Guard’s Regional Command Center to get more info about any potential hazards in the area or restrictions applying to boat traffic.
Aquatic Nuisance Prevention & Control Laws
The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 was set forth by the National Invasive Species Act (NISA) and enacted by the US Congress as part of the new Federal program.
The goal of NANPCA is to prevent the introduction and control the spread of introduced aquatic nuisance species. The “Aquatic Nuisance Species Task Force” features 13 federal agencies – including the Fish and Wildlife Service, NOAA, the US Coast Guard, and EPA – and is in charge of developing and implementing guidelines and enforcing these regulations.
“Aquatic nuisance species” are defined as organisms that could disrupt the ecological stability of the infested inland or coastal waters, leading to ecological damage and potentially impacting the recreational, commercial, and agricultural uses of the water body in question.
Some of the nonindigenous species covered by this law include Zebra mussels, Eurasian Ruffe, and Mitten crabs.
What does the NANPCA mean for recreational boaters?
Boating activities can – unintentionally – contribute to the problem as these species can basically catch a ride from one body of water to the next, by attaching to boats and/or trailers, recreational equipment (fishing gear), rudders, and through the water collected in the bilge pump, tank well, or other parts of the kayak.
Due to the way these species spread, you might be required to:
- Remove all vegetation and/or debris caught on your kayak before transporting it home.
- Drain the excess water from your kayak.
- Avoid bringing your own live bait and taking home bait purchased for your kayak fishing trip.
- Take the Invasive Aquatic Species education course before launching the ‘yak (required in some states for out-of-state boaters).
Kayaking Rules & Regulations: A Quick Summary
This is, by no means, the complete list of kayaking rules and regulations. That said, the most important laws to keep in mind the next time you hit the waters are:
- PFD regulations
- Laws regarding boating under the influence
- Kayak registration requirements
- Minimum age requirements
- Kayak transportation rules
- Kayak fishing and hunting laws
- Nighttime kayaking regulations
- Negligent operation laws
- Restricted area rules
- Aquatic nuisance species prevention and control laws
These regulations are not about making kayaking “less fun” or limiting you in any way. You have the freedom to explore the world in your ‘yak; that part doesn’t change. However, you also need to comply with these rules; they exist to keep everyone safe.