§ 40. Equipment. Equipment required herein shall be carried on every\nvessel except as otherwise provided, while underway, or at anchor with\nany person aboard, while on the navigable waters of the state and any\ntidewaters bordering on or lying within the boundaries of Nassau and\nSuffolk counties. Should the federal government adopt vessel equipment\nrequirements different from those contained in this section, the\ncommissioner shall be authorized to adopt rules and regulations\nsuperceding the vessel equipment requirements of this section to achieve\nconsistency with federal standards, and shall submit such proposed rules\nand regulations to the secretary of state in accordance with the state\nadministrative procedure act within thirty days of the adoption of\nfederal equipment requirements or submit a statement as to why such\nconforming changes are not being proposed.\n 1. Personal flotation devices.\n (a) Every pleasure vessel and every rowboat, canoe and kayak shall\nhave at least one wearable personal flotation device for each person on\nboard, which shall be of a type approved by the United States coast\nguard and shall be in good condition.\n (b) Pleasure vessels sixteen feet and greater in length shall carry at\nleast one type IV throwable personal flotation device which shall be of\na type approved by the United States coast guard and shall be in good\ncondition.\n (c) Every operator or person in charge or control of a pleasure\nvessel, rowboat or canoe, as described in paragraphs (a) and (b) of this\nsubdivision, shall be responsible for compliance with the provisions of\nthis subdivision.\n (d) No person shall operate a pleasure vessel of Class A, one, two or\nthree as classified and defined in subdivision one of section\nforty-three of this article or a rowboat, canoe or kayak nor shall the\nowner of such vessel while on board such vessel knowingly permit its\noperation, unless each person on such vessel under the age of twelve is\nwearing a securely fastened United States Coast Guard approved wearable\npersonal flotation device of an appropriate size when said vessel is\nunderway. The provisions of this paragraph shall not apply to any person\non such vessel under the age of twelve who is within a fully enclosed\ncabin.\n (e) No owner or operator of a pleasure vessel less than twenty-one\nfeet, including rowboats, canoes, and kayaks shall permit its operation,\nbetween November first and May first, unless each person on board such\nvessel is wearing a securely fastened United States Coast Guard approved\nwearable personal flotation device of an appropriate size when such\nvessel is underway.\n 2. Whistle. Every vessel and every rowboat, canoe and kayak shall be\nprovided with an efficient whistle. The word "whistle" shall mean any\nsound producing mechanical appliance, except sirens, capable of\nproducing a blast of two seconds or more in duration and of such\nstrength as to be heard plainly for a distance of at least one-half mile\nin still weather. A siren whistle may only be attached to a vessel\noperated by a police department, fire department or public utility\ncompany, and used only on emergency calls. On vessels less than\nthirty-nine feet in length, a mouth whistle capable of producing a blast\nof two seconds or more in duration, which can be heard for at least\none-half a mile, may be used.\n 3. Anchors. Every mechanically propelled vessel shall carry an anchor\nand cable of sufficient weight and strength to provide a safe anchorage\nfor such vessel. It shall be the duty of the master of such vessel to\nexercise reasonable care and caution and maritime skill in everything\nrelating to the safe anchorage of his vessel.\n 4. Carburetor backfire flame arresters. The carburetor of every\ngasoline engine installed in a mechanically propelled vessel after April\ntwenty-five, nineteen hundred forty, except outboard motors, shall be\nfitted with a United States coast guard approved device for arrestin
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