(a) (1) In this section the following words have the meanings indicated. (2) "Child" means an individual who is under the age of 13 years. (3) "Personal flotation device" means a flotation device that is approved by the U.S. Coast Guard. (4) (i) "Vessel" means: 1. A vessel used for recreational purposes; or 2. A vessel leased, rented, or chartered for noncommercial use. (ii) "Vessel" does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester's license number while engaged in the harvesting of seafood for sale. (b) (1) A person may not operate or allow the operation of a vessel under 21 feet in length if there is a child present in the vessel unless the child is wearing a personal flotation device that is: (i) Properly sized for the child; (ii) In good and serviceable condition; and (iii) Securely and properly attached to the child. (2) If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to: (i) Hold the child securely within the personal flotation device, including a strap that is secured between the child's legs to fasten together the front and back of the personal flotation device; (ii) Maintain the buoyancy of the child, including an inflatable headrest or high collar; and (iii) Ensure the ready accessibility of the child from the vessel, including a web handle. (c) Subsection (b) does not apply to: (1) A vessel that is moored or anchored; or (2) A child who is below deck or in an enclosed cabin.
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