(1) Except as provided in subsections (3) and (4) of this section, a person 14 years of age or older shall carry a waterway access permit while operating a nonmotorized boat or a sailboat that is less than 12 feet in length, in the manner provided by the State Marine Board by rule. The person shall present proof of a permit upon request by a peace officer. (2) A waterway access permit under this section is transferrable to any nonmotorized boat or a sailboat that is less than 12 feet in length. (3) Subsection (1) of this section does not apply to: (a) Days that the board designates, by rule, as free boating days and on which the board allows individuals to operate a boat described in subsection (1) of this section without holding an otherwise required waterway access permit. (b) A person operating a boat owned by an operator of a boat livery if the operator of a boat livery displays proof of holding a waterway access permit according to rules adopted by the board. (c) A person operating a boat on a federally designated wild and scenic river for which a separate fee system is in place. (d) A person operating a boat if the person is engaged in law enforcement, public safety or official business of a federal, state or municipal agency, as defined by the board by rule. (e) A resident of a bordering state who launches a boat from that bordering state into bordering waters, as defined by the board by rule. (f) A person operating a boat if the person holds a nonmotorized boating permit, a registration or a similar authorization that is issued by another state and accepted by the board by rule. (g) A person who is a member of a federally recognized Indian tribe in this state and who is engaged in tribal fishing or a tribal ceremony. (h) Nonmotorized boats that are less than 10 feet in length that are: (A) Engaged in whitewater recreation activities, as defined by the board by rule; and (B) Operated on waters of this state identified by the board by rule. (4) The board may adopt rules that provide additional exemptions from the requirement to obtain a permit under subsection (1) of this section.
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