40 Miss. Code. R. 4-2.1 - REGULATIONS REGARDING THE OPERATION OF COMMERCIAL VESSELS ON THE ROSS BARNETT RESERVOIR

Public Notice 2209 is hereby amended.

A. Pursuant to the authority granted by and in compliance with provision of Sections 59-21-117 and 59-21-129, Mississippi Code of 1972, and pursuant to the request of the Board of Directors of the Pearl River Valley Water Supply District for special rules and regulations with reference to the operation, equipment and safety of commercial vessels on the Ross Barnett Reservoir (Pearl River Valley Water Supply District), the following rules and regulations shall be applicable with reference to the operation, equipment and safety of commercial vessels carrying more than six (6) passengers offered for rental or charter in, along, upon or around the waters of the Ross Barnett Reservoir (Pearl River Valley Water Supply District).

B. For purposes of this regulation, the term "commercial vessel" shall be deemed to mean any power driven vessel carrying more than six (6) passengers, exclusive of crew, and offered for rental, charter or hire, with operator and crew furnished, in, along, upon or around the Ross Barnett Reservoir in Hinds, Madison, Rankin, Scott and Leake Counties.

C. Vessel Certification

1. From and after the effective date of this regulation, it shall be unlawful for any person, firm or corporation to operate or offer for rental or hire any commercial vessel in, along, upon or around the Ross Barnett Reservoir unless each person, firm or corporation shall have on file with the Mississippi Department of Wildlife Conservation and the Pearl River Valley Water Supply District, a current Certificate of Inspection with respect to such vessel from an approved registered Naval Architect or approved Marine Engineer stating that such vessel:

a. Has been constructed and arranged in substantial compliance with the requirements of subparts 177.01, 177.05, 177.10, 177.15, 177.20, 177.30, 177.35 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

b. Is in substantial compliance with the requirements as to watertight integrity and subdivision as set out in subparts 178.01, 178.10, 178.15, 178.20, 178.25, 178.30, 178.35, 178.40 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

c. Is in substantial compliance with the requirements as to stability as set out in Subparts 179.01, 179.05, 179.10, 179.15, 179.20 of Title 46, Chapter 1, Subchapter I, Code of Federal Regulations as then in effect.

d. Is equipped in substantial compliance with the requirements as to life saving equipment as set out in Subparts 180.01, 180.05, 180.10, 180.15, 180.20, 180.25, 180.30, 180.35 of Title 46, Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

e. Is equipped in substantial compliance with the requirements as to fire protection equipment as set out in Subparts l8l~01, 181.05, 181.10. 181.15. 181.20, 181.30. 181.35 of Title 46 Chapter 1, Subchapter T, Code of Federal Regulations as then in effect.

f. Is constructed and equipped in substantial compliance with the requirements as to machinery installation as set out in Subparts 182.01, 182.05, 182.10. 182.15, 182.20. 182.25, 182.30 of Title 46. Chapter 1. Subchapter T. Code of Federal Regulations as then in effect.

g. Is constructed and equipped in substantial compliance with the requirements as to electrical installation as set out in Subparts 183.01, 183.05, 183.10 of Title 46. Chapter 1, Subchapter T. Code of Federal Regulations, as then in effect.

h. Is equipped in substantial compliance with the requirements as to vessel control and miscellaneous systems and equipment as set out in Subparts 184.01, 184.05, 184.10, 184.15, 184.20, 184.25 of Title 46, Chapter 1, Subchapter T. Code of Federal Regulations as then in effectl the installation of suitable Citizens Band radio equipment will be considered substantial compliance with the Federal Communications Commission for purposes of the Ross Barnett Reservoir.

2. The maximum number of passengers permitted to be carried on a commercial vessel shall be determined by the approved registered Naval Architect or approved Marine Engineer and shall be stated on the vessel's Certificate of Inspection.

3. The Certificate of Inspection shall be deemed current for a period of three (3) years from and after the date on which the same shall be executed by an approved registered Naval Architect or approved Marine Engineer.

D. Requirements as to Operator and Crew

1. No vessel subject to the provisions of Part C., of this Regulation shall be operated while her Certificate from an approved registered Naval Architect or approved Engineer is in effect unless she shall have in her service and on board a currently licensed operator of commercial vessels on the Ross Barnett Reservoir and such crew as may be necessary for her safe operation.

2. For commercial vessels having a safe carrying capacity of forty-nine (49) or less, minimum crew shall consist of one (1) licensed operator of commercial vessels on the Ross Barnett Reservoir and one (1) deckhand at least seventeen (17) years of age, or older.

3. For vessels having a safe carrying capacity of fifty (50) or more, the crew shall consist of one (1) or more licensed operator of commercial vessels on the Ross Barnett Reservoir and, at least two (2) deckhands, seventeen (17) years of age, or older.

E. Licensing of Operators

1. Applicants for operator's licenses of commercial vessels shall file written application with the Mississippi Department of Wildlife Conservation, accompanied by satisfactory evidence that the applicant:

a. Has successfully completed an examination administered by the United States Coast Guard, Department of Transportation, which shall include, among other things, Inland Rules of the Road, firefighting and life saving procedures and techniques, and pollution regulations' applicable to Ross Barnett Reservoir.

b. Is at least twenty-one (21) years of age.

c. Has a certificate from a reputable physician as to the general physical condition of the applicant, stating that the applicant is under no physical or mental disability or disease, or other defect, which would render the applicant incompetent to perform the ordinary duties of a licensed operator of a commercial vessel.

d. Is known to three (3) reputable persons who submit written endorsements which indicate that the applicant's habits of life and character are such as to warrant them to believe that he can be entrusted with the duties and responsibilities of a licensed operator of commercial vessels.

2. An operator's license shall be current for a period of three (3) years from and after the date the same was granted but may be extended for successive periods of three (3) years upon request for such extension accompanied by the certificate of a reputable physician and written endorsement from three (3) reputable persons, as provided in Paragraphs A-3 and A-4 above, together with evidence that the applicant has operated commercial vessels on the Ross Barnett Reservoir during the preceding three (3) years.

3. Such application for license or renewal shall be accompanied by a processing fee in such amount as shall be specified by the Commission on Wildlife Conservation.

4. An operator's license may be revoked or suspended by the Commission on Wildlife Conservation or any provision of the Boat and Water Safety laws of the State of Mississippi.

F. License in Operator's Possession

From and after the effective date of this regulation it shall be unlawful for any person, firm or corporation to operate or offer for rental or hire any commercial vessel in, along, upon, or around the Ross Barnett Reservoir unless the operator of such vessel shall have his current license as an operator of a commercial vessel on the Ross Barnett Reservoir in his possession, available for examination at all times when the vessel is being operated.

G. Notice of Accident

The owner or person in charge of the commercial vessel involved in a boating accident shall give notice as soon as possible as provided in Section 59-21-51, Mississippi Code of 1972, and shall furnish a copy of such notice to the General Manager of the Pearl River Valley Water Supply District.

H. Penalties

Any person who violates any Section of these rules and regulations shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Hundred Dollars ($100.00) and or imprisonment in the County Jail not to exceed thirty (30) days, or both such fine and imprisonment. Each violation of a Section of these rules and regulations shall be deemed a separate offense. Fines or penalties for violations of the provisions of these rules and regulations shall be disposed of as provided by law.

Notes

40 Miss. Code. R. 4-2.1

Miss. Code Ann. §§ 49-1-29, 49-4-4, 59-21-111, and 59-21-129.