Response to your inquiry about operating a paddle craft with a fishing light above the water line.
Texas law clearly states that a vessel must exhibit an all-around white light from sunset to sunrise in all weather. The law also refers to the regulation of the commandant of the Coast Guard. The Texas law goes on to state that “no other lights may be mistaken for those prescribed may be exhibited.” This language is likely what the Game Warden was referring to when he contacted you. There is no clear answer to your question on if auxiliary lights are legal or not because no situation is the same. Vessel designs and also light designs can have an impact on the legality of the situation. I would encourage you to only use fishing lights under the water in order for them to not fall into the “lights mistaken for those prescribed” section of the law and I would also encourage their use only when fishing and not when “traversing the water”.
The statement on our website comes from the language in the federal code which allows the use of navigation lights (i.e. red and green in the proper manner) on paddle craft but does not require their use. The quote you pulled from the website was written so as to be easily understood but it appears it has caused some confusion. Our staff will review this issue and make a determination on if corrective language would be appropriate.
I have include some excerpts of the law with highlights to important section. Please don’t hesitate to contact me with any further questions.
TEXAS PARKS AND WILDLIFE LAWS
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY
CHAPTER 31. WATER SAFETY
§ 31.064. Lights
A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern, or flashlight from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all-weather must have
and exhibit the lights prescribed by the commandant of the Coast Guard for boats of its class. No other lights that may be mistaken for those prescribed may be exhibited.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg.,ch. 422, § 1, eff. Sept. 1, 1993.
UNITED STATES CODE, TITLE 33
Navigation And Navigable Waters
Chapter 34 – Inland Navigational Rules (33 USC 34)
PART C – LIGHTS AND SHAPES
§ 2020. Application (Rule 20)
(a) Rules in this Part shall be complied with in all weathers.
(b) The Rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper lookout.
(c) The lights prescribed by these Rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.
(d) The Rules concerning shapes shall be complied with by day.
(e) The lights and shapes specified in these Rules shall comply with the provisions of Annex I of these Rules.
§ 2025. Sailing vessels underway and vessels under oars (Rule 25)
(a) Sailing vessels underway shall exhibit:
(i) sidelights; and
(ii) a sternlight.
(b) In a sailing vessel of less than 20 meters in length the lights prescribed in paragraph (a) of this Rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.
(c) Additional lights. A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower
green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this Rule.
(d) Sailing vessels of less than 7 meters in length; vessels under oars
(i) A sailing vessel of less than 7 meters in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall
be exhibited in sufficient time to prevent collision.
(ii) A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent
collision. (* See State law-P&W Code 31.064)
(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downward. A vessel of less than 12 meters in length is not required to exhibit this shape, but may do so.
Thanks,
Cody Jones
Asst. Commander
Boating Law Administrator
Law Enforcement Special Operations
Texas Parks and Wildlife Department
Texas law clearly states that a vessel must exhibit an all-around white light from sunset to sunrise in all weather. The law also refers to the regulation of the commandant of the Coast Guard. The Texas law goes on to state that “no other lights may be mistaken for those prescribed may be exhibited.” This language is likely what the Game Warden was referring to when he contacted you. There is no clear answer to your question on if auxiliary lights are legal or not because no situation is the same. Vessel designs and also light designs can have an impact on the legality of the situation. I would encourage you to only use fishing lights under the water in order for them to not fall into the “lights mistaken for those prescribed” section of the law and I would also encourage their use only when fishing and not when “traversing the water”.
The statement on our website comes from the language in the federal code which allows the use of navigation lights (i.e. red and green in the proper manner) on paddle craft but does not require their use. The quote you pulled from the website was written so as to be easily understood but it appears it has caused some confusion. Our staff will review this issue and make a determination on if corrective language would be appropriate.
I have include some excerpts of the law with highlights to important section. Please don’t hesitate to contact me with any further questions.
TEXAS PARKS AND WILDLIFE LAWS
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY
CHAPTER 31. WATER SAFETY
§ 31.064. Lights
A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern, or flashlight from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all-weather must have
and exhibit the lights prescribed by the commandant of the Coast Guard for boats of its class. No other lights that may be mistaken for those prescribed may be exhibited.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg.,ch. 422, § 1, eff. Sept. 1, 1993.
UNITED STATES CODE, TITLE 33
Navigation And Navigable Waters
Chapter 34 – Inland Navigational Rules (33 USC 34)
PART C – LIGHTS AND SHAPES
§ 2020. Application (Rule 20)
(a) Rules in this Part shall be complied with in all weathers.
(b) The Rules concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with the keeping of a proper lookout.
(c) The lights prescribed by these Rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.
(d) The Rules concerning shapes shall be complied with by day.
(e) The lights and shapes specified in these Rules shall comply with the provisions of Annex I of these Rules.
§ 2025. Sailing vessels underway and vessels under oars (Rule 25)
(a) Sailing vessels underway shall exhibit:
(i) sidelights; and
(ii) a sternlight.
(b) In a sailing vessel of less than 20 meters in length the lights prescribed in paragraph (a) of this Rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.
(c) Additional lights. A sailing vessel underway may, in addition to the lights prescribed in paragraph (a) of this Rule, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower
green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by paragraph (b) of this Rule.
(d) Sailing vessels of less than 7 meters in length; vessels under oars
(i) A sailing vessel of less than 7 meters in length shall, if practicable, exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall
be exhibited in sufficient time to prevent collision.
(ii) A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent
collision. (* See State law-P&W Code 31.064)
(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downward. A vessel of less than 12 meters in length is not required to exhibit this shape, but may do so.
Thanks,
Cody Jones
Asst. Commander
Boating Law Administrator
Law Enforcement Special Operations
Texas Parks and Wildlife Department
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