(4) Visual Distress Signals. No person shall operate any vessel on the coastal waters (as defined in M.G.L. c. 130, § 1), of the Commonwealth unless visual distress signals are on board of the type and number required by 33 CFR 175.101 through 175.135 for the size and type of vessel, time of day, and the applicable vessel activity.

1. (a) Visual Distress Signals Required.

   1. 1. No person shall operate a vessel, 16 feet or more in length or any vessel carrying six or less passengers unless visual distress signals (selected from the list below) in the number required are on board. Such devices suitable for day use and devices suitable for night use, must be carried.
   2. 2. Launchers. When visual distress signals carried to meet these requirements, require a launcher to be activated, then the appropriate U.S. Coast Guard approved launcher must also be carried on board.

   3. 3. Exception. The following persons need not comply with 323 CMR 2.06(4)(a)3., however, each must carry on board during the nighttime, visual distress signals suitable for night use (selected from the list below) in the number required:

      1. a. A person competing in any organized marine parade, regatta, race or similar event;
      2. b. A person using a vessel less than 16 feet in length, or
      3. c. A person using a manually propelled vessel or
      4. d. A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.
   4. 4. Carriage and Serviceability. No person may operate a vessel unless the visual distress signals required by 323 CMR 2.06(4)(a)4. are readily accessible and in serviceable condition. If the service life is dated on the signal, it must not have expired.
   5. 5. Marking. No person may use a vessel unless each visual distress signal required under 323 CMR 2.06(4)(a)5. is legibly marked with the approval in 46 CFR Parts 160 and 161.

2. (b) Visual Distress Signals Acceptable. Any of the following signals, when carried in the numbers required, can be used to meet the requirements of 323 CMR 2.06(4)(b):

   1. 1. An electric distress light meeting U.S. Coast Guard standards (46 CFR 161.013). One such device meets the night only requirements.
   2. 2. An orange flag meeting U.S. Coast Guard standards (46 CFR 160.072). One such device meets the day only requirement.

   3. 3. Pyrotechnics. The following table lists U.S. Coast Guard standards (46 CFR 160) and numbers required for pyrotechnic devices.

      Device description Meets requirement Number Required

      Hand Held Red Day and Night 3 Flare Distress Signals

      Floating Orange Day Only 3 Smoke Distress Signals

      Parachute Red Flare Day and Night 3 Distress Signals

      Hand-Held Rocket Day and Night 3 Propelled Parachute Red Flare Distress Signals

      Hand-Held Orange Smoke Day Only 3 Distress Signals

      Distress Signal for Day and Night 3 Boats, Red Aerial Pyrotechnic Flare (Meteor or Parachute type)

      1. 4. Any combination of signal devices selected from the types noted in 323 CMR 2.06(4)(b)3., when carried in the number required, may be used to meet day and/or night requirements.