Section 30.51. Certificate of number and registration; requirements; exemptions.

 

(1)   Requirements.

(a) Certificate of number. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a certificate of number issued under this chapter or is exempt from the certificate of number requirements of this chapter.

(b) Registration. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a registration issued under this chapter or is exempt from the registration requirements of this chapter.

(2)   Exemptions.

(a) Exemptions from both certificate of number and registration requirements. A boat is exempt from both the certificate of number and the registration requirements of this chapter if it is:

1. A nonmotorized boat which is not a sailboat.

2. A nonmotorized boat which is a sailboat but which either is 12 feet in length or less or is a sailboard.

3. Covered by a valid certificate of number issued under federal law or a federally approved numbering system of another state, with the identification number properly displayed on each side of the forward half, but this exemption does not apply if the boat has been within this state for a period in excess of 60 consecutive days or if this state is the state of principal use of the boat.

3m. Covered by a valid certificate of number issued under a federally approved numbering system under a registration program established by a federally recognized American Indian tribe or band, if all of the following apply:

a. The registration program of the tribe or band is covered by an agreement under s. 23.35 .

b. The boat displays the identification number required by the tribe or band on each side of the forward half.

c. The boat has not been, for more than 60 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.

d. The area of this state that is outside of the reservation where it is registered is not the area in which the boat is used or will be used most during the year.

4. Operated within a period of 60 days after application for a certificate of number has been made and the required fee has been paid, if proof of application is carried on board.

5. From a country other than the United States temporarily using the waters of this state.

6. A military or public boat of the United States, except recreational-type public vessels.

7. A boat whose owner is a state or subdivision of a state, which is used principally for governmental purposes, and which is clearly identifiable.

8. A ship's lifeboat.

9. Present in this state, for a period of not to exceed 10 days, for the express purpose of competing in a race conducted under a permit from a municipality or an authorized agency of the U.S. government.

(b) Exemption from certificate of number requirements. A boat is exempt from the certificate of number requirements of this chapter if it is a federally documented vessel.

(c) Exemption from registration requirements. A boat is exempt from the registration requirements of this chapter if it is:

1. Covered by a certificate of number issued under this chapter.

2. A federally documented vessel which is a commercial fishing boat operated under a license issued under s. 29.519 .

3. A federally documented vessel with a home port located outside this state. This exemption does not apply if the boat has been within this state for a period in excess of 60 consecutive days or if this state is the state of principal use of the boat.

4. Operated within 60 days after an application for registration is made and the required fee is paid if proof of the application for registration is carried on board the boat.

1973 c. 302 ; 1979 c. 275 ; 1983 a. 27 ; 1985 a. 279 ; 1993 a. 405 ; 1997 a. 198 , 248 ; 2001 a. 16 ; 2005 a. 288 . The boating registration law does not violate Art. IX, s. 1. State v. Jackman, 60 Wis. 2d 700 , 211 N.W.2d 480 (1973). The state has jurisdiction to enforce this section over tribal members operating motorboats on non-reservation waters. Enforcement does not conflict with members' treaty rights or federal law and is not discriminatory. State v. Big John, 146 Wis. 2d 741 , 432 N.W.2d 576 (1988).