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Chapter 4: The Legal Requirements of Boating
Unlawful Operation of a Vessel

Montana law states that it is unlawful to operate a vessel in a reckless, negligent, or dangerous manner. Specifically, these operating practices are illegal:

  • Negligent or Careless Operation of a vessel is the failure to exercise the care necessary to prevent the endangerment of another person or their property. Examples are:
    • Weaving your vessel through congested waterway traffic
    • Passing unreasonably or unnecessarily close to another vessel
    • Buzzing or wetting down others
    • Motoring through areas restricted for swimming
    • Beaching your vessel within a designated swimming area
    • Crossing or jumping the wake of another vessel within 100 yards of the vessel or within 100 yards of a water-skier or anything being towed by the vessel, except when directly entering or leaving a marina or other docking/loading area
    • A reckless approach to, departure from, or passage by a dock, ramp, diving board, or float
  • Improper Speed is not maintaining a proper speed while operating a vessel.
    • Vessel operators must observe all “no wake” signs or buoys located on the water.
    • Vessel operators are responsible for any damage caused by their wake.
    • Vessel operators must not travel at an excessive speed that does not permit stopping the vessel within a desired distance.
  • Improper Distance is operating dangerously close to others. It is illegal to:
    • Operate your vessel within 20 feet of the exterior boundary of a designated swimming area marked by white and orange buoys.
    • Operate a vessel within 75 feet of a person engaged in fishing or hunting waterfowl, unless it is unavoidable. If unavoidable, travel at “no wake speed” or at the minimum speed necessary.
    • Operate a motorboat within 200 feet of a tow-float or buoy displaying a red flag with a white slash indicating a “diver down,” except by sail or oar. In an emergency, or if there is insufficient water on either side to avoid passing through the 200-foot safety zone, do not exceed the “no wake speed.” Read about Diver Down Flags.
    • Operate your vessel within 50 feet of a swimmer in the water, except for vessels towing water-skiers.
  • Harassing Wildlife is using a vessel to kill, capture, take, pursue, concentrate, drive, or stir up any upland game birds, game, or fur-bearing animals. Motor-driven vehicles may not be used to drive, molest, flush, or harass any game animal or game bird while hunting.

“No Wake Zones” on Lakes in the Western Fishing District

The Western Fishing District includes all waters in Montana west of the Continental Divide.

Lakes Greater than 35 Acres: All vessels operating on public lakes and reservoirs greater than 35 surface acres within the Western Fishing District are limited to “no wake speed” from the shoreline to 200 feet from the shoreline. The exceptions include:

  • PWCs that must maintain a minimum operating speed to remain upright and maneuver in the water may travel at the minimum operating speed following the most direct route through the “no wake zone” to and from shore.
  • Motorized watercraft towing a skier to or from a dock or the shore. Watercraft must travel the most direct route through the “no wake zone.”
  • Vessels operating on the following lakes located within the Thompson Chain of Lakes in Lincoln County:
    • Crystal Lake
    • Horseshoe Lake
    • Loon Lake
    • McGregor Lake
    • Middle Thompson Lake
    • Lower Thompson Lake
    • Upper lobe of Upper Thompson Lake

Lakes 35 Acres or Less: All vessels operating on public lakes and reservoirs in the Western Fishing District that are 35 acres or less of surface water are limited to “no wake speed.”

Visit www.fwp.mt.gov for a list of lakes, their locations, and their sizes.

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