Key Arkansas Kayaking Laws and Legal Rules
As essential as the list of gear you need for a day on the water are the regulations that govern how you kayak in the state you’re paddling. What do you REALLY need to know before you paddle? Here’s the skinny.
Registration and Permits:
One of the outstanding things about paddling in Arkansas is that absolutely zero registration is necessary. You can simply grab your kayak, your lunch, and your paddle and hit the water (after you’ve checked the weather conditions, of course!). No permits, no tags, no hassles. This includes lake kayaking, river kayaking, canoeing, and kayaking on the ocean. Do be aware that if you are paddling a kayak that you are pulling with a motor (for instance, in the case of a fishing or pontoon kayak), then registration is required. In that case, a trailer sticker and a motor sticker will be affixed to your trailer by the Department of Finance & Administration.
Safety Equipment:
In addition to your general safety and personal gear, safety gear that is considered mandatory includes:
(A) a Type I, II, III, IV, or V personal flotation device (PFD) that is suitable for the activity being undertaken, fitted and serviceable on each person in the canoe or kayak;
(B) a way to signal for help, such as a whistle, air horn , or throwing rope;
(C) an efficient light source on other than a PFD for vessels less than 16 feet (including kayaks) that is visible for 3 nautical miles for vessels 16 feet or longer that is visible for 5 nautical miles or more (scout-approved for kayakers, as most of us use a headlamp anyway);
(D) one (1) hand-held distress flare (these are incredibly easy to find cheap on eBay and it’s a life-saver); and
(E) a noise-producing device (example: a whistle) or an air horn
Note: a wearable PFD can count as a noise-making device. Also, in crowded waters, a noise-making device is helpful because a whistle reaches for miles compared to a regular voice.
Age Restrictions:
Any person over the age of 12 is allowed to operate a kayak on a river, lake, or other body of water within the state of Arkansas. The only exception applies to persons under the age of 12 who are paddling within 1,000 feet of the shore on a vessel of less than 20 feet in length.
Local Restrictions:
Within the state of Arkansas there are a number of bodies of water with specific restrictions on things like troubled wildlife, security concerns, and just plain ol’ "water is taking over the world" problems. For a complete list of restricted bodies of water, you can click on the link to the Department of Parks & Tourism to learn more. The Ozark National Forest is one area with restricted waterways.
Boating with Life Jackets in Arkansas
When you are in a kayak, there is no telling what can happen. This is why it is critical that you wear a life jacket. In Arkansas, there are specific laws about life jackets that you need to keep in mind: If you are 12 years of age or younger, then you are required to wear a life jacket. In fact, if during the previous year, there were drownings or injuries to 12 and younger were on a kayak or canoe without a life jacket, your child will be required to wear a life jacket. If your kayak is a little larger than usual and it is a vessel of 16 feet or longer, then there need to be life jackets for at least 50 percent of people on the kayak, regardless of if they are older than 12, and regardless of if the vessel is at anchor or not. If you are on a personal watercraft, then you need to be wearing a life jacket. You need a wearable personal flotation device for each person in the vessel unless it is an inflatable. It is required by law that you have a U.S. Coast Guard approved wearable personal flotation device for each person in the kayak. Types I, II, or III are acceptable for all paddlers. A Type IV flotation device, like a seat cushion, is acceptable for all kayakers. If you are on a sail kayak, then you will need a Type IV throwable flotation device for all passengers. Inflatable life jackets are also acceptable, though not optimal, for all passengers.
Arkansas Kayak Lights and Sound Signals
Boats less than 16 feet in length underway, including kayaks, are required to have on board either an electric torch light or a lighted hand lantern showing a white light, visible in all directions of the wind and dark, for a distance of at least 1 mile, and a whistle or some other sound-producing device. If the kayak is anchored, whether it is in an area where other vessels are navigating or not, it must display an electric lantern or a white flag with an orange square above it.
Other rules apply if the kayak is in a river or canal, since it would not be at anchor. The kayak should also (1) have an electric torch light or a lighted hand lantern (showing a white light, visible in all directions of the wind and dark, for a distance of at least 1 mile), (2) have a whistle (any form of horn, whistle, or any other sound-producing device), and (3) be in compliance with specific sound signal regulations relevant to the design of the vessel.
Boating With Alcohol in Arkansas
Just like the state laws for driving a vehicle, Arkansas laws also impose limits on alcohol levels for operating a kayak or canoe. It is illegal to operate a kayak or canoe while your blood alcohol concentration (BAC) level is 0.08% or greater. If you are under the influence of alcohol regardless of your BAC, then it is against the law to operate a kayak or canoe. Due to the danger of alcohol consumption while kayaking, the legal limit of BAC is the same as driving a car and if found in violation of the law you will likely be charged with a misdemeanor. Penalties may include fines, community service, and in certain cases could include loss of privilege to operate a boat or vehicle for a certain period of time. If the alcohol level was so high that the operator was impaired at the time they were injured or died, if the operator was found at fault in causing the accident that resulted in the injuries or death of another, or if the operator is underage and dies or gets injured drinking while kayaking then if its proven by a preponderance of the evidence that the alcohol was a contributing factor to the injuries or death, then the operator is presumed to be at fault for the accident or death. In most cases, however, the presumption is even stronger and the definitely assumed at fault in causing injury or death.
Navigational Rules in Arkansas
Navigational rules are essentially right-of-way rules for all types of vessels. If you are unfamiliar with the term "right-of-way", it is pretty simple and important to understand the reason that the rules are written the way they are. Everyone cannot be in the right place at the right time, so certain protocols and rules have been developed to provide orderly navigation in rivers, streams, lakes and oceans. As the captain of your own kayak, you have the duty and responsibility to know how to operate your vessel in a way that does not create a hazard for other vessels on the water.
Certain vessels give way to others, certain vessels have the right-of-way, and all vessels should yield to the vessels with limited ability to maneuver. The rules for navigable waters are the same as the insurance company-required boater safety classes. Why? Because the insurance companies write the rules because they’re the ones who pay the claims and no one wants to pay another persons claim when a rule is broken. So, the rules are written out for safety , practice and prevention. The right-of-way rules are no different. They are designed for everyone to share the waterways without causing the death or injury of themselves or another person.
Kayaks are not motorized vessels, so when a motorized vessel gets close, the kayaker must yield to that vessel’s right-of-way. Kayakers are not required to operate any type of horn, sound signal or whistle if being overtaken by a bigger vessel or one that has a limited ability to maneuver. When a larger vessel is overtaking a smaller vessel, the smaller vessel shall maintain her course and speed. If you are the vessel that is being overtaken, you may keep course as long as it doesn’t become unsafe nor obstruct you otherwise. On narrow channels or fairways a concern is that the larger vessel will displace the minimal amount of water necessary to maintain buoyancy of the smaller vessel. In other words, if the larger wakes have too much height, the smaller vessel could overturn or swamp another smaller vessel in the channel. Of course, this is a local or state ordinance that relates to the nature of the waterway, but the original rules are the right way to navigate for the safety of all.
Environmental and Wildlife Protection Regulations
Environmental and wildlife protection laws play a significant role in safeguarding the ecological balance of watersheds and conserving Arkansas’ unique biodiversity.
The most prominent federal legislation concerning environmental protection is the Clean Water Act (CWA). Under the CWA, the Federal Environmental Protection Agency (EPA) has the authority to set and enforce water quality standards for the United States. The EPA has the power to regulate boating on certain waters in the United States that are designated as national recreation trails. Boaters must comply with these trails’ rules and restrictions. The Act also recognizes the Missouri National Recreational River in Arkansas as a protected area where particular restrictions are imposed on watercraft navigation (page 10).
The National Park Service, through the National Park Organic Act, regulates watercraft activities on federal park land.
The Endangered Species Act (ESA) is one of the major environmental laws within the United States. It requires each state to identify rare, threatened, or endangered species that are present within their boundaries. The Act encourages states to establish a management program for the list of species designated as threatened or endangered. Arkansas has adopted a list of 63 federally endangered species and 13 federally threatened species under the ESA (page 50). Among these species are the Pallid and Shovelnose sturgeon.
The Arkansas Fish and Game Code governs all fish and game within Arkansas. Specific to kayakers’ interest, the Code prohibits the collection, taking, or destruction of mussels and crustaceans. This includes the Mississippi Paddlefish (Polyodon spathula), which is included in the "Arkansas Species of Greatest Conservation Need" list.
Penalties for Failing to Obey
As with any law, passing a law does not make everyone automatically compliant with the law. If a person or group is deemed non-compliant, then there are a host of possible penalties. The Arkansas 2013 Legislative Session saw one notable bill pass linked to penalizing non-compliance in a kayak safety law that included an education requirement.
Effective January 1, 2014, a person cannot operate a kayak unless they have completed an American Canoe Association (ACA) Course for Kayak Safe Boating . A list of available courses is maintained by the Arkansas Game and Fish Commission (AGFC). A kayak operator is exempt from the certification requirement if they:
The AGFC can issue the placer of a non-complying kayak in fine not to exceed $25.00, and suspension of the individual’s driver’s license until proof of completion of the ACA Course is given.