Motorized Personal Watercraft

Motorized Personal Watercraft (MPWC) are small, fast, and highly maneuverable craft that possess unconventionally high thrust capability and horsepower relative to their size and weight. To help protect sensitive habitats and marine life, MPWC may only be operated within five designated zones and access routes within Monterey Bay National Marine Sanctuary. Be sure to launch and return to shore only within the designated harbors, and follow wildlife viewing guidelines [link to 2.4]. Visit sanctuary maps [link to 1.5] to access the maps for each of the five designated MPWC zones.

The majority of MPWC currently operated within Monterey Bay National Marine Sanctuary are compact water jet-propelled craft that shed water from the passenger spaces. Larger size models are preferred in the high-energy ocean environment for increased power, range, and towing ability. MPWC are often operated in pairs or groups.

NOAA defines a "motorized personal watercraft" as:

• Any vessel, propelled by machinery, that is designed to be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional manner, where the operator stands or sits inside the vessel.
• Any vessel less than 20 feet in length overall as manufactured and propelled by machinery and that has been exempted from compliance with the U.S. Coast Guard's Maximum Capacities Marking for Load Capacity regulation (i.e. any vessel waived from Coast Guard capacity plate requirements) found in the Code of Federal Regulations (33 C.F.R. parts 181 and 183), except submarines.
• Any other vessel that is less than 20 feet in length overall as manufactured, that is propelled by a water jet pump or drive. The term includes, but is not limited to, Jet Skis®, wet bikes, surf jets, miniature speedboats, air boats, and hovercraft. A personal watercraft rider is also considered a boater.

Operating Zones within the Sanctuary

To help protect sanctuary habitats and sensitive marine life, it is unlawful to operate MPWC, except within five designated zones and access routes [link to map on 1.5] established by Code of Federal Regulations (15 C.F.R., subpart M, § 922.132(a)(7)). MPWC may launch only within the identified harbors and must proceed directly to the operating zone outside each harbor through the specified access route. Zone boundaries are marked by buoys and navigation aids. Zone 5 [link to map on 1.5] at the Mavericks surf break in Half Moon Bay is only accessible while NOAA’s National Weather Service Marine Forecast for high surf advisories are in effect for San Mateo County during the months of December, January, and February.

Assessments of MPWC impacts indicate that unrestricted access to all reaches of Monterey Bay National Marine Sanctuary by such craft would pose an unacceptable threat to wildlife and other ocean users. MPWC commonly accelerate and decelerate repeatedly and unpredictably, and travel at rapid speeds directly toward shore, while motorboats generally slow down as they approach shore. MPWC are often operated repeatedly off favored beaches or surf breaks. Thus, wildlife disturbance impacts from MPWC tend to be more severe than those from motorboat use due to repeated disruptions and accumulated impacts in nearshore areas. By contrast, conventional motor boats typically transit through areas at steady speeds and bearings, limiting the duration and intensity of their impacts to any given area.

To prevent the disturbance of wildlife and other nearshore users, most MPWC are restricted within protected marine areas adjacent to, or overlapping Monterey Bay National Marine Sanctuary (e.g., Greater Farallones National Marine Sanctuary and nearshore areas of the Golden Gate National Recreation Area, Marin County, California State Parks, and the City of Santa Cruz).

Frequently Asked Questions About Motorized Personal Watercraft (MPWC)

Q. Why does the marine sanctuary regulate skis and other motorized personal watercraft (MPWC)?
A. Motorized Personal Watercraft (MPWC), often referred to as "Jet Skis®,” include several small vessel designs that share similar performance characteristics. NOAA, which manages Monterey Bay National Marine Sanctuary, has restricted the use of MPWC within the sanctuary since 1992 because their high speed and maneuverability pose a unique and significant threat of disturbance to sanctuary habitats and wildlife through persistent and repetitive operation within sensitive nearshore environments that are usually safe from such intensive mechanized activity. Potential impacts include physical damage to marine life and shallow habitats and behavioral modification and site abandonment/avoidance by sea birds, marine mammals, and sea turtles. In addition to environmental impact threats, conflicts have persisted between MPWC and other recreational ocean users due to the erratic noise signature and operating pattern of MPWC.

Q. Why doesn't NOAA apply the same restrictions to paddle craft and motorboats that it applies to Motorized Personal Watercraft (MPWC) within Monterey Bay National Marine Sanctuary?
A. MPWC are small, fast, and highly maneuverable craft that possess unconventionally high thrust capability and horsepower relative to their size and weight. This unique characteristic enables them to make rapid, hair-pin turns at high speed, while maintaining controlled stability. MPWC commonly accelerates and decelerates repeatedly and unpredictably, and routinely travels at high speeds directly toward shore. Conventional boats cannot perform or survive such extreme maneuvers. They slow down when approaching shore, and typically travel from point-to-point at slower speeds, with more gradual changes in speed and direction. Thus, conventional motorboats pose a lower threat of wildlife disturbance than MPWC because their presence is less intrusive, startling, and severe.

NOAA addresses threats from conventional motorboats through discharge and abandonment regulations and educational outreach, and threats from paddle craft through seasonal on-water interpretive programs and educational outreach. Sanctuary staff work with the U.S. Coast Guard to manage ship traffic, protecting wildlife and habitats through careful establishment of shipping lanes, federal discharge regulations, and industry outreach. NOAA applies different management tools (zones, shipping lanes, regulations, field interpretive programs, educational outreach, etc.) to each threat, based on the nature of the threat and the most effective means to address it.

This adaptive management approach by Monterey Bay National Marine Sanctuary was validated by the U.S. Circuit Court of Appeals for the District of Columbia in 1995 [PWIA v. the Department of Commerce, NOAA, 48 F.3d 540, (D.C. Cir. 1995)] in response to a legal challenge to the MPWC regulations within the sanctuary. In its final ruling, the court stated:

An agency does not have to “make progress on every front before it can make progress on any front.” United States v. Edge Broadcasting Co., 113 S. Ct. 2696, 2707 (1993). Agencies often must contend with matters of degree. Regulations, in other words, are not arbitrary just because they fail to regulate everything that could be thought to pose any sort of problem. Las Vegas v. Lujan, 891 F.2d 927, 935 (D.C. Cir. 1989); Louisiana v. Verity, 853 F.2d 322, 332 (5th Cir. 1988). This is a common principle, well known not only in administrative law cases but also in constitutional cases raising equal protection challenges to economic regulation.

The record is full of evidence that machines of this sort threatened Monterey Bay National Marine Sanctuary. NOAA received written comments and testimony from marine scientists, researchers, federal agencies, state agencies, state and local governments, business organizations, and more than a hundred citizens on the issue of regulating these machines. Everyone agreed—MPWC interfered with the public's recreational safety and enjoyment of the sanctuary, and posed a serious threat to the sanctuary's flora and fauna. The concept of a “sanctuary” entails elements of serenity, peace, and tranquility. Yet the commenters described instances of personal watercraft operators harassing sea otters and other marine mammals, disturbing harbor seals, damaging the sanctuary's kelp forests, menacing swimmers, divers, kayakers, and other recreational users, and generally disrupting the esthetic enjoyment of the sanctuary. All concerned recommended either prohibiting personal watercraft outright or restricting them to specific areas in Monterey Bay National Marine Sanctuary. None of the commenters suggested that NOAA should not act in response to this problem.

Q. If Motorized Personal Watercraft (MPWC) are Class A vessels, according to the Coast Guard, why have they been singled out and regulated differently than any other Class A vessel?
A. The Recreational Boating Product Assurance Division of the Coast Guard has determined as a practical matter that the term “Class A” vessel has no significant meaning insofar as Coast Guard regulations are concerned, except with regard to fire extinguisher regulations. No matter how MPWC are classified, NOAA and other agencies regulate MPWC differently from other vessels because of the unique performance capabilities and operational characteristics of MPWC.

Q. What is NOAA's official definition of a Motorized Personal Watercraft (MPWC)?
A. The official NOAA definition of MPWC for Monterey Bay National Marine Sanctuary is codified in the Code of Federal Regulations (15 C.F.R. § 922.131). MPWC means any vessel, propelled by machinery, that is designed to be operated by standing, sitting, or kneeling on, astride, or behind the vessel, in contrast to the conventional manner, where the operator stands or sits inside the vessel; any vessel less than 20 feet in length overall as manufactured and propelled by machinery and that has been exempted from compliance with the U.S. Coast Guard's Maximum Capacities Marking for Load Capacity regulation found at 33 CFR Parts 181 and 183, except submarines; or any other vessel that is less than 20 feet in length overall as manufactured, and is propelled by a water jet pump or drive.

Q. Where can I operate my Motorized Personal Watercraft (MPWC) within Monterey Bay National Marine Sanctuary?
A. NOAA has established five authorized MPWC riding zones [link to map on 1.5] adjacent to the four harbors within the sanctuary. MPWC may launch only within the identified harbors and must proceed directly to the operating zone outside each harbor through the specified access route. Several zone boundaries are marked by buoys and navigation aids.

Q. Is NOAA considering revising the restrictions on Motorized Personal Watercraft (MPWC) in the sanctuary?
A. A rulemaking process for MPWC restrictions within the sanctuary concluded in 2020, and NOAA is now enforcing the regulatory restrictions that emerged from that process. The sea state condition required for MPWC access to the Mavericks seasonal-conditional zone was reduced from high surf warning to high surf advisory. The seasonal-conditional MPWC zone was created in 2009 to allow MPWC to support big-wave surfing at Mavericks during winter months when wildlife activity is significantly reduced in this area. MPWC can freely access the Mavericks seasonal-conditional zone only when high surf advisory conditions are in effect, as announced by the National Weather Service for San Mateo County during the months of December, January, and February.

Q. Who is responsible for my safety when I enter Monterey Bay National Marine Sanctuary?
A. Each individual is responsible for planning personal activities within any marine protected area and must consider any special rules and restrictions together with the weather, tides, and other natural conditions they may encounter there. National parks, wildlife refuges, and national marine sanctuaries all have some restrictions that limit individual actions in order to protect and preserve the natural resources within their boundaries, and such restrictions must be factored into each person’s decision and plans before entering these natural places.

Q. What is the sanctuary's policy on the use of Motorized Personal Watercraft (MPWC) for surf rescue?
A. The sanctuary's recreational ski restrictions do not apply to MPWC used by public safety agencies for surf patrols and rescue. Lifeguards and other safety professionals have used MPWC for surf rescue throughout the sanctuary since 1992, and continue to do so with the full support of NOAA.

Q. What is the sanctuary's policy on the use of Motorized Personal Watercraft (MPWC) for surf rescue at Mavericks?
A. Providing consistent and effective surf rescue services at Mavericks is a public safety issue that requires planning and implementation by trained and coordinated public safety rescue professionals working within an emergency management system. NOAA regulations have always supported the use of MPWC by public safety agencies for surf rescue and patrol anywhere in the sanctuary and at any time of the year. Any government agency responsible for public safety at Mavericks is free to recruit, train, certify, and supervise others (including volunteers) to assist the agency in surf rescue functions as it deems necessary.

Q. What are the NOAA restrictions for recreational use of Motorized Personal Watercraft (MPWC) at Mavericks?
A. Recreational use of MPWC at the seasonal-conditional Zone 5 (Mavericks) exists only when a high surf advisory has been issued by the National Weather Service and is in effect for San Mateo County, and only during December, January, and February, regardless of whether their objective is safety, photography, tow surfing, or any other activity. This time-window is deliberately set to avoid impacting seasonal marine mammal pupping and breeding activities at important wildlife areas immediately adjacent to Mavericks. For marine forecast information, visit NOAA’s National Weather Service Marine Forecast.

Q. Where can I find more details about NOAA's 2008 and 2020 modifications of Motorized Personal Watercraft (MPWC) zoning and MPWC definition within Monterey Bay National Marine Sanctuary?
A. Whenever a federal agency proposes to create new regulations or modify existing regulations, federal law requires that one or more public notices be printed in a daily publication known as the Federal Register. The notice(s) must provide, among other things, details about what the proposed action is, why the agency deems it necessary, opportunities for public comment, and when the action takes effect. The final Federal Register notice for NOAA's 2008 modification of MPWC zoning and definition within Monterey Bay National Marine Sanctuary was published on November 20, 2008 and on July 6, 2020 for the modification of the seasonal-conditional requirement for MPWC access to Zone 5 [link to maps on 1.5] at Mavericks.

Q. Is there scientific and public information demonstrating that Motorized Personal Watercraft (MPWC) cause a unique disturbance to marine wildlife?
A. Yes. NOAA has reviewed evidence of MPWC disturbance impacts from around the United States, including the states of California and Washington, and has concluded that the nature of harmful MPWC impacts upon seabirds and marine mammals is consistent across the country. In several assessments of MPWC impacts on protected water areas around the United States between 1994 and 2004, the National Park Service found that MPWC can operate closer to shore at high speeds and make quicker turns than other types of motorized vessels. MPWC have a disproportional thrust capability and horsepower to vessel length and/or weight, in some cases four times that of conventional vessels. Wildlife impacts from MPWC disturbance can include interruption of normal activity and alarm or flight; avoidance and displacement, loss of habitat use, decreased reproductivity success, interference with movement, direct mortality, interference with courtship, alteration of behavior, change in community structure and nest abandonment (U.S. Department of Interior, 1998). As a result of these findings and public testimony nationwide, the National Park Service concluded that MPWC use is inappropriate in most areas of the National Park System (including the Golden Gate National Recreation Area adjacent to Monterey Bay National Marine Sanctuary) and implemented regulations broadly prohibiting their use in 2000.

Q. Who enforces the Motorized Personal Watercraft (MPWC) regulations in the sanctuary?
A. NOAA Office of Law Enforcement has primary responsibility for enforcing all sanctuary regulations and has agreements with the U.S. Coast Guard, California Department of Fish and Wildlife, California Department of Parks and Recreation, and other enforcement agencies to assist with that enforcement.

Q. If I were ticketed for operating my Motorized Personal Watercraft (MPWC) outside of the prescribed zones, what could the fine be?
A. For first-time minor or technical violations of sanctuary prohibitions, NOAA has created a Summary Settlement system whereby a person may be issued a ticket to pay a reduced fine and close the case. This program is designed to give people charged with less egregious violations the opportunity to "summarily" settle a case for a lower penalty than is recommended through the NOAA penalty policy (which considers all facts in a case). The Summary Settlement explanation sheet provided to all recipients states that the Summary Settlement amount stated on the ticket is generally 50% or less of the amount that would be assessed through NOAA's Penalty Policy (absent aggravating or mitigating circumstances). View the Summary Settlement Penalty Table that includes amounts for MPWC violations. If a Summary Settlement offer is declined by the recipient or the case involves more than minor or technical violations, the matter is then handled under the standard NOAA Penalty Policy procedures, and all the facts of the case are considered in determining the penalty amount—including the level of culpability of the violator.