WEST VIRGINIA BOATING AND ALCOHOL LAWS

It is illegal in the state of West Virginia to operate any motorized boat or personal watercraft (PWC) on West Virginia waters while under the influence of alcohol, drugs or a combination thereof.

In West Virginia, a person is considered to be under the influence if:

• They have a Blood Alcohol Concentration (BAC) level of 0.08% or higher.

FINES AND PENALTIES

Upon a first conviction:

• You will be guilty of a misdemeanor.
• You will be imprisoned for no less than one day (24 hours) up to 6 months.
• You will be fined up to $500.

If convicted of BUI and you have passengers under 16 years of age on board, you shall be guilty of a misdemeanor.

Additionally, if the influence of alcohol or drugs is shown to be a contributing cause to the death of a passenger, the convicted operator is guilty of a felony and shall be imprisoned in the state correctional facility for up to 10 years and fined up to $3,000.

WEST VIRGINIA BOAT REGISTRATION

In order to legally operate a boat in West Virginia, you must obtain a Certificate of Number (registration card) and validation decals. The Certificate of Number must be on board and be available for inspection by a law enforcement officer during boat operation.

The Certificate of Number may be obtained by submitting an application and fee to the West Virginia Division of Motor Vehicles (DMV). Applications may be obtained from all Division of Motor Branch Offices, a licensed recreational vehicle dealer and the Division of Natural Resources.

Registration will expire on the last day of March in the year indicated on the registration card and the accompanying sticker. If, at the end of the registration period, ownership has remained unchanged, such owner shall renew their current registration, at which time a renewed registration and decal will be issued for an additional 3 year period.

THESE VESSELS DO NOT REQUIRE REGISTRATION IN WEST VIRGINIA

• A boat that is properly registered in another state and using West Virginia waters for 60 days or less.
• Boats from another country temporarily using West Virginia waters.
• Boats used only for racing.
• Non-motorized boats.
• Public boats of the United States, the state and any municipal boats and ships.

BOAT TITLING REQUIREMENTS

All motorized boats that were purchased by the current owner in West Virginia after July 1st, 1989, must have a title. This includes motorized sailboats.

DO I NEED BOAT INSURANCE IN WEST VIRGINIA?

Boats in West Virginia are not required to be insured, however it is recommended. 

Boats in West Virginia are required to correctly display their registration number and validation stickers. 

Registration numbers and stickers must be displayed as follows:

• Numbers must be applied as a decal, painted or permanently affixed to each side of the boat’s bow (boat owners are not permitted to display any other numbers in this area).
• The registration number must be in bold block letters that are at least 3 inches high and in a color that contrasts with the color of the boat.
• The numbers in the registration number must be separated from the letters by a hyphen or by an equivalent space.
• The number must be read from left to right.
• Validation decals must be affixed on both sides of the boat and be placed within 6 inches immediately following the assigned West Virginia number.
• These requirements also apply to personal watercraft (PWCs).

SPEED LIMITS 

It is illegal to:

• Operate or knowingly permit another person to operate a boat at a rate of speed greater than will permit that person to bring the boat to a stop within the assured clear distance ahead.
• Operate a motorized boat at greater than idling speed on established marked ‘No Wake’ zones on a government-owned reservoir or  other water areas which have been approved by the Director.
• Operate at greater than ‘No Wake’ speed within 100 feet of an anchored boat, shoreline, dock, pier, swim float, marked swim area, swimmers, surfers, persons engaged in angling or human-powered craft.
• Follow too closely in excess of 10 miles per hour within 100 feet to the rear and 50 feet to the side of any other boat.
• Become airborne within 100 feet of a boat creating a wake.

RESTRICTED AREAS

It is illegal to:

• Anchor a boat in a position that obstructs a passageway ordinarily used by other boats.
• Anchor or tie a boat to any type of navigation aid or buoy.
• Operate a boat within 20 feet of the exterior boundary of a swimming area or area which is marked by signs or buoys as a restricted area.
• Operate within 20 feet of a person engaged in fishing activities without obtaining permission from that person.

NON-NATIVE AQUATIC SPECIES

American waterways have been under threat from foreign aquatic plants, fish and invertebrates. Aquatic Nuisance Species (ANS) are transferred from boats and boating equipment that originate from external waterways. Once introduced to a new waterway, the ANS will detach from the contaminated boat and spread like wildfire. ANS include: Milfoil, Zebra Mussels and Quagga Mussels.

Why are ANS such a serious threat?

• They have no natural predators in U.S. waters.
• Some ANS can actually survive out of water, making transfer easy.
• They reproduce quickly.
• They have harmful effects on the native wildlife, habitats and ecosystems.

For more information on Aquatic Nuisance Species, visit: www.protectyourwaters.net/impacts.php

Be sure to report new infestations of non-native aquatic species to the U.S. Fish and Wildlife Service at (209) 946-6400

HELP PREVENT THE SPREAD OF NON-NATIVE SPECIES

• Inspect all surfaces of your boat and remove aquatic plants or animals before leaving any body of water.
• Ensure you flush raw-water cooling systems and clean sea-strainers before moving your boat from one body of water to another.
• Empty and dry any buckets before leaving a body of water. 
• Remove any plant fragments from bait wells, fishing gear, trailers, dive gear or props. 
• Dispose of plant fragments and bait into a garbage receptacle on land.  
• Avoid chopping vegetation with your boat’s propeller.
• Clean and dry all live-wells prior to transporting your boat.
• Drain all water from your motor and bilge and dry all areas. t.
• Thoroughly wash your boat, including the hull, before putting it into a new body of water.
• Refer to specific drying times.

For more information on how to stop the spread of AIS in West Virginia, visit https://www.wvdnr.gov/Fishing/Invasive_Species.shtm