Division law enforcement officers, sheriffs in their respective county and members of the state police may terminate the voyage of a vessel when they determine the continued use of the vessel will create hazardous conditions that constitute a danger to the health and safety of the occupants of the vessel or others. The officer may direct the operator of the vessel to return to mooring, remove the vessel from the water or prohibit launching of the vessel until the unsafe conditions end or are corrected. Reasons for termination of voyage include

1. A. operating a vessel contrary to the provisions of 18.17.2.9 NMAC;
2. B. operating a vessel contrary to the provisions of 18.17.2.11 NMAC or otherwise operating a vessel in a reckless or negligent manner;
3. C. operating a vessel in hazardous weather as to create an undue risk to the life of the occupants of the vessel; or

4. D. any other conditions a reasonable person would deem create a danger to the occupants of the vessel or others and only the immediate termination of the voyage would prevent serious injury or death.

   HISTORY OF 18.17.2 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records, state records center:

   SPRD 67-1, Rules and Regulations, filed 7/17/1967;

   SPRD 68-1, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 10/17/1968;

   SPRD 69-1, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 9/11/1969;

   SPRD 71-1, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 11/10/1971;

   SPRD 72-1, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 6/5/1972;

   SPRD 73-3, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 9/14/1973;

   SPRD 74-1, New Mexico Pleasure Boating Requirements and State Park Regulations, filed 2/19/1974;

   SPRD 75-1, New Mexico State Park and Recreation Commission Regulations, New Mexico Boating Law, 1975 Edition, filed 2/24/1975;

   SPRD 77-1, New Mexico State Park and Recreation Commission Regulations, New Mexico Boating Law, 1977 Edition, filed 4/15/1977;

   SPRD 79-1, New Mexico Park Regulations and Boating Laws, filed 7/31/1979;

   SPRD 82-1, New Mexico State Park Regulations and Boating Laws, Revised in 1981, filed 5/1719/82;

   SPRD 87-1, New Mexico State Park Regulations and Boating Laws, Revised in 1987, filed 5/6/1987;

   EMNRD PRD 87-3, Rules Governing Motorboat Registration and Numbering, Boat Titling and Excise Tax Collections, Security Participation under the Boat Act, file 8/6/1987;

   EMNRD PRD 89-1, Boating Act Regulations, filed 12/21/1989;

   EMNRD PRD 92-1, Boating Act Regulations, filed 5/20/1992.

   History of Repealed Material:

   Operations and Safety, in an emergency rulemaking effective 9/15/2006.

   18.17.2 NMAC – Boating Operations and Safety, filed 12/17/1996, was repealed and replaced by 18.17.2 NMAC – Boating Operations and Safety, effective 1/1/2025.

   Other History:

   EMNRD PRD 92-1, Boating Act Regulations (filed 5/20/1992)), was renumbered, reformatted, amended and replaced by 18 NMAC 17.2, Boating Operations and Safety, effective 12/31/1996.

   18 NMAC 17.2, Boating Operations and Safety (filed 12/17/1996), was renumbered, reformatted, amended and replaced by 18.17.2.11 NMAC, Boating

[18.17.2.18 NMAC – Rp, 18.17.2.18 NMAC, 1/1/2025]