Reminder for the week: Paddle boards are vessels – and boating regulations apply

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC’s Division of Fish & Wildlife Natural Resources Police officers between May 23-29 made 3,450 contacts with anglers, boaters and the general public, including 659 vessel boardings for boating safety and fishing regulation compliance checks. Officers responded to 109 complaints and issued 87 citations, 12 of which were related to the C&D Canal Conservation Area and associated recreational trail, where there is an increased Fish & Wildlife Natural Resources Police presence.

Incidents of note:

• On May 29, Fish & Wildlife Natural Resources Police cited Andrey Pristatskiy, 38, of Philadelphia, for crab pot tampering and no fishing license in Little Assawoman Bay. Pristatskiy was fined $272, including court costs.
• On May 28, Fish & Wildlife Natural Resources Police, following a routine safety check, cited Jeremy S. Halter, 44, of Odessa, for one count each of operating a vessel under the influence of alcohol (OUI), operating a vessel with insufficient number of life jackets and no throwable life preserver aboard as required for vessels 16 feet long or longer, in the Delaware River south of Augustine Beach. Halter was released pending a mandatory appearance in Justice of the Peace Court 9 in Middletown.
• On May 27, Fish & Wildlife Natural Resources Police cited Michael P. McKinley, 53, of Newark, for one count each of inattentive operation of a vessel and operating an unregistered vessel following an investigation into a boating accident in which a 53-foot vessel ran aground on the north shore of the C&D Canal. McKinley was fined $214, including court costs. No injuries were reported.
• On May 23, Fish & Wildlife Natural Resources Police cited Mikel A. Couch, 22, of Newark, for one count each of possession of marijuana, operating a motor vehicle without insurance, operating a motor vehicle off an established roadway on a state wildlife area and damaging state property on a wildlife area in connection with an incident in which a vehicle got stuck off-road in the dog training area of the C&D Canal Conservation Area. Couch was issued a mandatory appearance in Justice of the Peace Court 9 in Middletown, and then taken to the Kent County Court of Common Pleas, where he was wanted on cash-only bail for an unrelated warrant. A passenger in the vehicle, Elias R. Cruz, 19, of Clayton, N.C., was charged with possession of marijuana and fined $131, including court costs.

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Operating a motor vehicle off an established roadway on a state wildlife area (1)*, and damaging state property on a wildlife area (1)*.

Fisheries Conservation: Unlicensed fishing (25), possession of undersized blue crabs (4), tending more than the limit of two recreational crab pots (1), improperly marked recreational crab pot (1), crab pot tampering (1), possession of undersized white perch (5), and possession of undersized summer flounder (1).

Boating and Boating Safety: Operating a vessel under the influence of alcohol/OUI (1), inattentive operation of a vessel (1), operating a vessel with insufficient number of life jackets (16), no life jacket on a child age 12 or younger as required by law (5), no throwable life preserver aboard as required for vessels 16 feet long or longer (1), non-serviceable life jacket (1), failure to observe slow-no-wake zone (5), no boating education certificate (8), no sound-producing device on board (2), allowing use of a non-compliant vessel (1), and operating an unregistered vessel (2).

Public Safety: Possession of marijuana (2)*, operating a motor vehicle without insurance (1)*, and parking in a no stopping/no standing zone (1).

* Citations issued at the C&D Canal Conservation Area, along with unlicensed fishing (3), and possession of undersized white perch (4).

Are you AWARE?
Fish & Wildlife Natural Resources Police remind paddle boarders – especially those new to the increasingly popular sport – to review Delaware’s boating laws and regulations and how they apply to paddle boards before heading out on the waterways.

In recent years, the sport of paddle boarding has grown immensely in popularity in Delaware. Paddle boarders can often be seen on many of Delaware’s waterways throughout the summertime.

So just what is a paddle board? A paddle board is configured similarly to a surfboard, but is usually longer and thicker. The operator of a paddle board stands upright on the board and propels it through the water using a long paddle.

The United States Coast Guard and the State of Delaware recognize a paddle board as a vessel when operated outside the confines of a surfing or swimming area. Therefore, many of the same vessel requirements for personal flotation devices, visual distress signals, sound producing devices and the use of a navigational light during low light conditions apply when paddle boards are operated in Delaware waters.

A paddle board less than 16 feet in length** must meet the following safety equipment requirements when operated in Delaware waters:

• All paddle boarders must have a United States Coast Guard-approved life jacket on board.
• Any child age 12 and younger must wear a USCG-approved life jacket at all times while on a paddle board.
• Paddle boarders must carry a whistle, horn or some other sounding device capable of making an efficient sound signal.
• When operating between the hours of sunset and sunrise, paddle boarders must carry a visual distress signal – an electric distress light or flares – suitable for night use. This applies to all boards operated on coastal waters and directly-connected waters (bays, sounds, harbors, rivers, inlets, etc.) which are two miles wide or wider.
• When operating between the hours of sunset and sunrise, a paddle boarder also must have an electric torch or lighted lantern showing a white light ready at hand for use as a navigation light, which must be exhibited in sufficient time to prevent collision.

**Paddle boards longer than 16 feet may have additional safety requirements.

For more information on safe boating practices in Delaware, including more details on life jackets and other safety equipment, please visit www.dnrec.delaware.gov/Delaware_Boating_Safety.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Media Contacts: Sgt. John McDerby, DNREC Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 207

To make it a safer Memorial Day holiday weekend, DNREC Division of Fish & Wildlife Natural Resources Police advise boaters to stay sober

DOVER – For the upcoming Memorial Day holiday weekend, DNREC’s Division of Fish & Wildlife Natural Resources Police remind boaters that drinking and boating don’t mix – and that boat operators with blood alcohol levels of .08 or higher risk facing charges for operating under the influence (OUI), as well as putting themselves, their passengers and other boaters in Delaware waters at risk.

“Just like driving a road vehicle, operating a boat with a blood alcohol level of 0.08 percent or higher is in violation of Delaware and federal laws,” said Sgt. John McDerby of F&W Natural Resources Police, noting that marine patrols are increased over the holiday weekend to ensure safe boating and public safety. “Boat operators found at or above the legal limit will find their voyage terminated, will be arrested and may have their vessel impounded. Boat operators under the influence also can face fines and potential jail time.”

According to national statistics from the U.S. Coast Guard, alcohol use is a leading contributing factor to fatal boating accidents. Nationally in 2015, 306 accidents involved alcohol use and resulted in 122 deaths and 258 injuries.

“Drinking while boating is a choice. The best way to minimize the risk of an accident is to make the wiser choice – don’t drink and boat,” said Sgt. McDerby. “Environmental stressors aboard a boat – such as constant motion, heat, sun glare and dehydration – all enhance the effects of any amount of alcohol. Because of this, we strongly recommend that boat operators not consume alcohol, and we encourage having a non-drinking designated boat operator.”

Other tips for recreational boaters to ensure a safe and enjoyable holiday weekend include:

• Exercise patience and courtesy at crowded boat ramps and docks.
• Observe all “Slow No Wake” areas.
• Maintain a lookout for and keep a safe distance from other vessels.
• Avoid traveling at unsafe speeds.
• Keep your speed down and use extra caution in congested areas.
• Make sure children 12 and younger are wearing life jackets while underway as required by law.
• Wear your life jacket and encourage all your passengers 13 and older to wear them also.
• Check navigation lights and make sure to turn them on when operating at night.
• Carry your Boating Education Card and all required safety equipment appropriate for your size vessel.
• Canoes, kayaks and paddle boards are considered vessels, and passengers are required to have a life jacket on board and carry a whistle or other sound-producing device. If out after sunset, a flashlight is also required.

For access to the online Delaware Boating Handbook and other safe boating information, please click Delaware Boating Safety, or contact Delaware Boating Safety Coordinator Sgt. John McDerby at 302-739-9913 or email john.mcderby@delaware.gov.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Media Contacts: Sgt. John McDerby, Delaware Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 190

SEAFORD – Hearns Pond dam and boat ramp, north of Seaford, will close in May for up to one year while a replacement ramp and dam are built, DNREC’s Division of Fish & Wildlife, which operates and maintains the state-owned facility, announced today.

Hearns Pond dam was overtopped and seriously damaged during storms on Aug. 11, 2001 and June 25, 2006, draining the pond and causing serious downstream flooding damage. DNREC funded a study to evaluate the condition and potential hazards of the dam and has worked with DelDOT to develop a replacement plan to bring the dam into compliance with Delaware’s Dam Safety Regulations. Upgrading the dam will also help ensure the long-term availability of the pond as a popular fishing site.

Access to the Hearns Pond boat ramp, parking lot and dam will be closed during construction. Water levels in the pond will be maintained and an historic mill at the site will be protected while the replacement dam and boat ramp are built. Exact closure dates and additional information about the project will be announced closer to the start of construction.

Boaters who regularly use Hearns Pond may opt to use Concord Pond, located approximately 3.5 miles southeast near Seaford, or Craigs Pond, located approximately 5 miles southwest near Seaford.

For more information, please call the Fisheries Section at 302-739-9914.

Media Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 105

DOVER – With many boaters heading out on the water for the long 4th of July holiday weekend, DNREC’s Division of Fish & Wildlife Natural Resources Police advises “steady as she goes” for practicing safe boating on Delaware waterways. “We need everyone on our waterways to be alert, use common sense and avoid actions that will put themselves, their passengers and other boaters at risk,” said Fish & Wildlife Natural Resources Police Chief Robert Legates.

Recent statistics from the U.S. Coast Guard show the top five primary contributing factors for boating accidents are operator inattention, improper lookout, operator inexperience, excessive speed and alcohol use. With these factors in mind, Cpl. John McDerby, Fish & Wildlife Natural Resources Police boating safety coordinator, offered some tips to keep in mind for safe boating:

Safety-check your vessel and equipment before getting underway
Preparations for putting your boat in the water each season should begin with servicing the motor or engine to ensure it is in good operating condition. Before heading out, always check engine oil levels and make sure you have enough gasoline in your tank, as well as making sure all navigational lights are working.

“Unexpected engine failure or running out of gas can strand you and your passengers – and this rarely happens at a convenient time or place,” Cpl. McDerby said. “Add nightfall, an approaching summer storm, rough seas or other hazards, and you place yourself and your passengers in danger.”

Additional items to check include the appropriate number of life jackets and a fully-charged cell phone and/or marine radio, as well as the following safety equipment: flares, a whistle or sound-producing device and a fire extinguisher.

Wear a life jacket
In 2014, the number of boating accident fatalities nationwide totaled 610, including 12 children under the age of 13, according to U.S. Coast Guard statistics. Where cause of death was known, 78 percent of fatal boating accident victims drowned. Of those drowning victims when life jacket usage was known, 84 percent were not wearing a life jacket.

“Like seatbelts in automobiles, we know without question that life jackets save lives. Delaware law requires that children age 12 and younger wear a life jacket while underway in any vessel on Delaware waters,” Cpl. McDerby said, noting that no children age 12 or younger have died as a result of drowning in Delaware since this law was passed in 1991.

“Though life jackets are not legally required to be worn by adults, they should also wear them, especially anyone with limited swimming skills,” Cpl. McDerby continued. “Boating accidents can happen very fast – and there’s no time to reach for a stowed life jacket and put it on.”

Wearing a life jacket is important regardless of the size of your boat, he added. Nationally in 2014, eight out of every 10 boaters who drowned were using vessels less than 21 feet in length, he added.

While operating a vessel, stay alert and keep a sharp lookout
When operating an automobile, safe driving includes keeping your eyes on the road and avoiding distractions that take your attention elsewhere as much as possible.

“The same applies to operating a vessel,” Cpl. McDerby said. “At all times, boaters need to watch where they are going, looking for other vessels and anything in the water that poses a hazard or redirects vessels.”

Things to look out for include swimmers, water skiers and smaller vessels such as kayaks or jet skis, floating hazards such as large branches or logs in the water, shallow areas where your vessel can become grounded, and directional channel markers or other signage.

Watch your speed
As with land vehicles, boaters need to remember that the faster you drive your boat, the more you reduce your reaction time and increase your chances of being involved in an accident.

“Operating a vessel at excessive speed poses a hazard to you and your passengers as well as everyone else on the water around you, especially in areas with a lot of boat traffic – a common occurrence on popular waterways, especially during busy summer holiday weekends,” Cpl. McDerby said.

Boaters should take particular care to observe posted slow-no-wake areas, Cpl. McDerby added.

Don’t drink and boat
According to Coast Guard statistics, alcohol use is the leading contributing factor in fatal boating accidents and was listed as the leading factor in 21 percent of the 610 boating-related fatalities reported nationwide in 2014.

“Drinking while boating is a choice. The best way to minimize the risk of an accident is to make the wise choice – don’t drink and boat,” said Cpl. McDerby, noting that boaters should plan ahead to have a non-drinking designated boat operator aboard if alcohol is being consumed.

While it is not illegal for recreational boat operators to consume alcohol, the same blood alcohol limit used to measure intoxication in automobile drivers applies to boat operators: 0.08 or above is legally intoxicated. Cpl. McDerby also noted that boat operators above the limit put themselves and their passengers at risk, and those found so operating face fines and potential jail time.

Delaware’s emphasis on boating safety education
Taking a boating safety course to improve your skills can help reduce the chances of an accident. Coast Guard statistics show that in states where instructional data was available, 77 percent of reported fatalities occurred on boats where the operator had not received boating safety instruction.

“Last year, we had one boating-related fatality and 24 reportable boating accidents in Delaware. We’d like to see the number of accidents go down,” Chief Legates said, noting that to date this year, Delaware has had two reported boating accidents and no fatalities.

Under Delaware law, all persons born on or after Jan. 1, 1978 must successfully complete a boating safety course in order to operate a boat in Delaware waters, including personal watercraft. “We recommend that everyone who is going to operate a boat in Delaware waters take a safety course first, regardless of their age,” Cpl. McDerby said.

Delaware’s 8-hour basic boating safety course, which fulfills Delaware’s mandatory boating safety class requirement, is offered in multiple locations statewide in one to four sessions. An online version of the course also is offered. Upon completing the course, boaters receive a boating safety certificate, which they should carry with them while boating as proof of course completion.

For more information, including the boating safety class schedule, access to the online Delaware Boating Handbook and other boating information, visit Delaware Boating Safety, or contact Cpl. John McDerby at 302-739-9913 or by email at john.mcderby@delaware.gov.

Media Contacts: Cpl. John McDerby, Division of Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 45, No. 214

DOVER (March 28, 2013) – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC Division of Fish & Wildlife Enforcement agents made 597 contacts with hunters, anglers, boaters and the general public, including 12 boating safety checks, in which all but one vessel operator was found to be in compliance. Agents also responded to 15 complaints and issued 5 citations between March 20 and 27.

Citations issued by violation type included the following, with the number of charges in parentheses:

Wildlife Conservation: Operating a motor vehicle at excessive speed in a state wildlife area (1), operating a motor vehicle off an established roadway in a state wildlife area (1), and dumping in a state wildlife area (1), New Castle County; Trespassing after hours in a state wildlife area (1), Kent County.

Boating Safety: Insufficient number of life jackets aboard vessel (1), Kent County.

Fish and Wildlife Enforcement Training
Fish and Wildlife agents Sr. Cpl. Casey Zolper and K-9 Warden attended a week of quarterly training in Maryland March 18-22, joining Maryland Department of Natural Resources dogs and handlers to practice their tracking, evidence recovery and wildlife detection skills. Sr. Cpl. Zolper trained K-9 Warden to alert on the scent of river herring to help in locating illegally caught herring. As of this spring, Zolper and Warden have been partners for seven years. Since Warden joined the Enforcement Section in 2006, he and Zolper have tracked missing people and evasive suspects, located key evidence in wildlife conservation and criminal cases, and represented the Delaware Fish and Wildlife Enforcement Section in public demonstrations of Warden’s specialized skills.

Are you AWARE?
With signs of spring in the air, the DNREC Division of Fish and Wildlife Enforcement Section and the Delaware Office of Boating Safety would like to remind early season boaters and anglers of the importance of life jackets. “Statistics show that not wearing life jackets is one of the leading causes of boating fatalities in the state of Delaware as well as nationwide, and that 80 percent of these fatalities could have been prevented by life jacket use,” said Sgt. Gregory Rhodes, Delaware Boating Safety Office. “Like seatbelts in automobiles, we know without question that life jackets save lives.”

In Delaware, life jackets also are the law – and the law requires that owners/operators of recreational vessels carry one readily accessible life jacket for each person aboard, and that children age 12 and younger wear a life jacket while underway in any vessel on Delaware waters. (Minimum fine for violations: $76.50)

“Vessel operators are responsible to make sure that children aboard their boat are wearing life jackets – and they can set the example by also wearing one,” Sgt. Rhodes said. “Although the law does not require ages 13 and older to wear a life jacket, we strongly recommend life jacket use by everyone aboard a vessel in Delaware waters, especially anyone with limited swimming skills. It’s a smart choice that can prevent an unnecessary tragedy.”

Even on days when the air is warm, boaters also should remember that water temperatures are still cold – currently 43 to 45 degrees, Sgt. Rhodes said, noting that immersion in cooler water can lead to hypothermia very quickly, in which the body instinctively protects its core by shutting down blood flow to limbs first. The Coast Guard recommends wearing layers for protection and warmth, including gloves and a hat. Recommended gear also includes a floatation coat or survival suit, which also acts a life jacket, or a dry suit, which keeps water out and, with thermal layers beneath, keeps warmth in. 

Sgt. Rhodes added these tips:

• If you fall overboard or capsize, stay with your boat for a better chance of being found sooner.
• Keep clothing on to help retain heat.
• Keep your cell phone in a secure pocket and sealed in a plastic bag.
• Carry a personal position locator beacon, a personal emergency locator light and/or flares, and a whistle to make noise and attract the attention of rescuers.
• Pack a set of dry clothing in a sealed plastic bag.
• File a “float plan” with a responsible friend or family member. Include a description of your boat, when you plan to head out, who is going with you, where you plan to go and when you plan to return.  

“Filing a float plan is always a good idea, because unforeseen circumstances can hit boaters in any season at any time, including a storm, engine problems, swamping, and injuries or other health issues,” Sgt. Rhodes said. “With your plans in hand, a friend or family member can call for help if you’re overdue and tell searchers where to begin looking for you, saving precious time.” 

For more information on safe boating practices in Delaware, including an easy-to-use float plan form, please visit www.fw.delaware.gov/Boating/BoatingSafety.htm.

 The DNREC Division of Fish and Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish and wildlife and boating violations to the Delaware Fish and Wildlife Enforcement Section by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at www.dnrec.delaware.gov/fw/Hunting/Pages/OpGameTheft.aspx .

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902, or Sgt. Gregory Rhodes, Division of Fish & Wildlife Enforcement, 302-542-6102. 

Vol. 43, No. 118

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