It's the Law: On the Water
Discharge of Waste (BAR 9.5; BAR 11.5)
It is illegal to discharge liquid or solid waste into New Mexico waters.
If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board.
- Vessels 65 feet long or less may use a Type I, II, or III MSD.
- Vessels over 65 feet must install a Type II or III MSD.
All installed devices must be U.S. Coast Guard–certified.
Types of MSDs
There are three types of MSDs.
- Types I and II MSDs are usually found on large vessels. Waste is treated with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured so that the valve cannot be opened.
- Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste should be taken ashore and disposed of in a pump-out station or onshore toilet.
Discharge of Trash (BAR 11.5)
It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Many forms of litter can kill birds, fish, and marine mammals.
- You must store trash in a container while on board and place it in a proper receptacle after returning to shore.
- If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a Garbage Disposal Placard that is at least 4 x 9 inches and notifies passengers and crew about discharge restrictions.
Discharge of Oil and Other Hazardous Substances (BAR 11.5)
- It is illegal to discharge oil or hazardous substances.
- You are not allowed to dump oil into the bilge of the vessel without means for proper disposal.
- You must discharge oil waste to a reception facility.
On recreational vessels, a bucket or bailer is adequate.
- If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a 5 x 8-inch placard near the bilge pump switch stating the Federal Water Pollution Control Act.
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