ARKANSAS CANOE CLUB

Arkansas Boating Laws, Excerpts from Arkansas Code

Laws affecting Paddlers:

27-101-203, PFD is required for each person.

Every vessel shall have aboard One (1) type I, II, III, or V, ... personal flotation device which is

• United States Coast Guard-approved,
• in good and serviceable condition, and
• of proper size
• for each person on board.

Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices.... securely fastened to their persons at all times while aboard any vessel.....

27-101-103. Definitions
(11) "Vessel" means every description of watercraft.....used or capable of being used as a means of transportation......

27-101-104. Penalties.
(a) Any person who violates any provision of § § ..... 27-101-203....... shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation.

8-6-418 prohibits glass containers, requires carrying out trash, and sometimes requires carrying a trash bag.

(a)(1) Except for containers for medicinal substances contained in a first-aid kit or prescribed by a licensed physician, and except as under subdivision (a)(2) of this subsection, no person shall possess or use glass containers within the banks of Arkansas' navigable waterways, within a vessel.

(2) Persons engaged in removing glass previously discarded by others and found within the banks of an Arkansas navigable waterway may not be charged with a violation of this section on the basis of possession of glass, if, while underway and upon a waterway, the person transports the removed glass securely in a trash container.

(b)(1) All persons entering, traveling upon, or otherwise using Arkansas' navigable waterways by canoe, kayak, inner tube or other vessel easily susceptible to swamping, tipping, rolling or otherwise discharging its contents into a waterway, and transporting foodstuffs or beverages shall:

• (A) Transport all foodstuffs and beverages in a sturdy container and ensure that the container is made to seal or lock in the contents to prevent the contents from spilling into the water;

   

• (B)(i) Carry and affix to the vessel, a trash container or bag suitable for containing their refuse, waste and trash materials and capable of being securely closed.
  ---- (ii)The trash container or bag shall be either a sturdy container, of a construction similar to a sturdy container, or a bag of mesh construction;

   

• (C)(i) Except as under subdivision (b)(1)(C)(ii) of this subsection, transport all their refuse, waste and trash either in a sturdy container or in a trash container to a place where the refuse, waste, and trash may be safely and lawfully disposed of.
  ---- (ii) Persons engaged in removing items of refuse, waste, and trash materials previously discarded by others and found by the person within the banks of an Arkansas navigable waterway that are too large to be transported in a trash container or bag may not be charged with a violation of this section on the basis of possession and transportation of the refuse, waste, and trash; and

   

• (D) At all times other than when a beverage is securely contained in a sturdy container or a trash container as in subdivision (b)(1)(A)-(C) of this section, keep the beverage attached to or held within a floating holder or other device designed to prevent the beverage from sinking beneath the surface of the waterway.

(2) Neither a sturdy container nor a trash container may be required for those persons traveling without foodstuffs or beverages.

(c)(1) A violation of this section shall be a misdemeanor and each violation may be prosecuted as a separate offense.
----(2) Each violation shall be punishable by a fine of not more than five hundred dollars.

(d) For purposes of this section:

• (1) "Navigable waterway" means any navigable river, lake, or other body of water used, or susceptible to being used in its natural condition by canoe, kayak, innertube, or other vessel easily susceptible to swamping, tipping, or rolling, located wholly or partly within this state;
• (2) "Sturdy container" shall not include a container that is:
  • (A) Primarily constructed of styrofoam; or
  • (B) So constructed that it may be easily broken; and
• (3) "Vessel" shall not include houseboat,party barge, johnboat, runabout, ski boat, bass boat or similar craft not easily susceptible to swamping, tipping or rolling.

History. Acts 2001, No. 803, § 1; 2003, No. 1101, § 1.