[§200-37.5]  Emergency communicationdevices.  (a)  It shall be unlawful to operate in the waters of the Statebeyond one mile of shore, any:

(1)  Vessel required to be registered by the State ordocumented by the United States Coast Guard; or

(2)  Manual or sail-propelled vessel not required tobe registered by the State or documented by the United States Coast Guard,

unless the vessel is equipped with a properlyfunctioning fixed mount or handheld marine VHF-FM radio (156-162 MHz band) oremergency position indicating radio beacon.

Canoes, thrill craft, surfboards, andpaddleboards shall be exempt from this section.  Kayaks and training sailboatsshall be exempt from this section when accompanied by at least one vessel thatcomplies with this section.

(b)  Notwithstanding the provisions of section200-25, any person who violates this section shall be fined not more than $100for each separate offense.  Each day of each violation constitutes a separateoffense.  Any action taken to impose or collect the fine provided by thissection shall be considered a civil action.

(c)  As used in this section, an"emergency position indicating radio beacon" is an electronic devicethat, when activated, transmits a distress call on a designated emergencyfrequency to a radio or satellite receiver and is used by rescue personnel tolocate the position of the signal.  Emergency position indicating radio beaconsshall be approved by the Federal Communications Commission and COSPAS-SARSAT,an international search and rescue organization.  The 406 MHz class ofemergency position indicating radio beacons shall be registered with theNational Oceanic and Atmospheric Administration.  The applicable United StatesCoast Guard regulations relating to emergency position indicating radio beaconsshall prevail for commercial vessels. [L 2003, c 54, §2]