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

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

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

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

     Canoes, thrill craft, surfboards, and paddleboards shall be exempt from this section.  Kayaks and training sailboats shall be exempt from this section when accompanied by at least one vessel that complies with this section.

     (b)  Notwithstanding the provisions of section 200-25, any person who violates this section shall be fined not more than $100 for each separate offense.  Each day of each violation constitutes a separate offense.  Any action taken to impose or collect the fine provided by this section shall be considered a civil action.

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