Minimal Kayaking Safety Requirements for Texas

[Neumie]

The following are minimal safety requirements for manually-propelled vessels in Texas. I've broken it down between freshwater (lakes and rivers), coastal waters (bays), and gulf waters (BTB); where applicable. I've also included citation sources within the Texas Water Safety Act and the Code of Federal Regulations for each bullet point.

If you have any comments/questions please post up.

PFD (aka Lifevest) Requirements:

• You must have a Type I, II, III, or V PFD for each person on the kayak for all bodies of water [TWSA Title 4 § 31.066(a)][CFR Title 33 § 175.15(a)(i)]
• Children under the age of 13 must always wear their PFD [TWSA Title 4 § 31.066(e)][CFR Title 33 § 175.15(c)(i)]
• PFDs must be used in accordance with the manufacturer's label to be legal [CFR Title 33 § 175.15(a)(ii)]
• Type IV throwable PFDs are not required [CFR Title 33 § 175.75(a)]
• Inflatable PFDs may only be worn by persons who are at least 16 years of age and weigh more than 80 pounds[CFR Title 46 § 160.076-23 (UL 1180)]
• All PFDs must be in good, serviceable condition without any cuts, tears, rotten material, etc [CFR Title 33 § 175.23]
• All PFDs must fit each person properly [CFR Title 33 § 175.21(b)]
• Each PFD must be readily accessible to each person [CFR Title 33 § 175.19(a)]

Distress Signaling Devices - Audible & Visual:

• You must have an audible signaling device capable of making efficient sound for all bodies of water [CFR Title 33 § 83.33(b)]
• On freshwater and bays you are not required to have visual distress signaling devices (VDS) [TWSA Title 4 § 31.073(a)][CFR Title 33 § 175.105(b)(iii)]
• On gulf waters you are required to have visual distress signaling (VDS) devices suitable for night use between sunset and sunrise [TWSA Title 4 § 31.074(c)][CFR Title 33 § 175.115(b)]
• VDS devices must be USCG approved and in carried in the number required [CFR Title 33 §175.130]
• VDS devices must be in serviceable condition [CFR Title 33 § 175.125]
• VDS devices must be readily accessible [CFR Title 33 § 175.120]

Lighting Requirements:

• On freshwater and bays you must exhibit side lights & stern light, or an all-round white light, or have ready at hand an electric torch/lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision between sunset and sunrise [TWSA Title 4 § 31.064][CFR Title 33 § 83.25(d)(ii)]
• On gulf waters you must have ready at hand an electric torch/lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision between sunset and sunrise [CFR Title 33 § 83.25(d)(ii)]
• All-around white light must be visible for 2 miles [CFR Title 33 § 83.22(c)(v)]
• All-around light means a light showing an unbroken light over an arc of the horizon of 360 degrees [CFR Title 33 § 83.21(e)]
• Side lights must be visible for 1 mile [CFR Title 33 § 83.22(c)(ii)]
• Side lights means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side [CFR Title 33 § 83.21(b)]
• Stern light must be visible for 2 miles [CFR Title 33 § 83.22(c)(iii)]
• Stern Light means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel [CFR Title 33 § 83.21(c)]

Registration and Numbering:

• Kayaks, regardless of length, do not have to be registered [TWSA Title 4 § 31.022(c)]
• Kayaks, 14 feet or longer, equipped as a sailboat have to be registered and numbered [TWSA Title 4 § 31.022(c)]
• Kayaks, regardless of length, equipped with a motor (electric or gas) have to be registered and numbered [TWSA Title 4 § 31.021(a)]
• If you register and number your kayak know that there are different requirements for power driven vessels than listed above

Minimum Requirements Summary:
Lakes and Rivers: PFD, sound signaling device, and 360 light or flashlight/lantern at hand between sunset and sunrise.
Bays: PFD, sound signaling device, and 360 light or flashlight/lantern at hand between sunset and sunrise.
BTB: PFD, sound signaling device, flashlight/lantern at hand between sunset and sunrise, and VDS suitable for night time use between sunset and sunrise.

Please Note: Bays adhere to the Inland Navigation Rules while BTB adheres to International Navigation Rules referred to as COLREGS, which there is a slight variance in the prescribed lighting rule. An all around white light may not be used while underway in the gulf. An all around white light may only be displayed while anchored. The line separating Inland and International Navigational Rules is called the Line of Demarcation; for example a line of demarcation exists across the end of the Aransas Pass Jetties.

Amended: 5/20/2021

[Cory.Ogle1]

So now we DO have to carry flares in the bay? or is that just for BTB rules?

[Neumie]

So now we DO have to carry flares in the bay? or is that just for BTB rules?

Not necessarily flares though those are the most common type and what I carry. There are electric versions as well and those must comply with CFR Title 46 § 161.013.

Here's how it's written for the Inland Navigation rules which apply to waters within the line of demarcation:

The following persons need not comply with §175.110; however, each must carry on board visual distress signals suitable for night use, selected from the list in §175.130 or §175.135, in the number required, between sunset and sunrise:
(a) A person competing in any organized marine parade, regatta, race, or similar event;
(b) A person using a manually propelled boat; or
(c) A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26′ in length.