After reading the many accounts on this site of paddlers killed and rescued on this site, along with the innumerable warnings to others, I realize that enough is enough. It’s time we institute common sense kayak control legislation. People simply can’t be trusted to exercise their own good judgement and enjoy watersports responsibly. I think we can all agree its time to pass common sense legislation to regulate the sport of kayaking. My proposed common sense legislation, which over 80% of Americans agree on* includes:
Red flag laws: If someone is previously known to kayak without a PFD, or if friends and family know of a loved one who is known to kayak without a PFD, they should be able to contact law enforcement and have the individuals paddling equipment confiscated without a search warrant for a period of time, until a judge or competent authority can determine if the individual poses a danger to himself or others.
Kayak registration: Too many kayaks are found adrift without occupants, and it takes hours or days to determine if the kayak floated away during a storm or was blown off the beach by winds, or if someone fell out of their boat and the authorities should be searching for them. Kayak registration would allow the authorities to run the registration and identify the owner immediately. Likewise, it would allow the authorities to track kayak sales and identify who may be operating a kayak illegally, per my next recommendation. Person-to-person kayak sales would of course be illegal and all sales must be executed through a licensed dealer with the requisite background check.
Kayak licensing: It is common sense that individuals should be required to undergo training and education prior to being authorized to operate a kayak. The uniformed kayak operator poses a danger to both himself and potential rescuers. I recommend varying degrees of licensing and permits to operate different models of craft and operate them in varying conditions. For example, to operate a Pungo 12 on a Florida lake would require the operator to obtain a Class 27 Kayak License for the vessel, and paddling on a calm lake, in warm temperatures with warm water would likewise require a Level 13 Paddling Permit. Whereas operating a Valley Nordkapp, in open ocean conditions in cold weather (e.g. Maine) would require a Class 6 License for the vessel and a Level 53 permit. A simple, easy to read and understand 297 page government guide to paddle sports would serve a handy user guide to recreational kayaking and insure kayakers are not in violation. Violators would of course be subject to heavy fine, prison time, or both. Other, more civilized western countries already require government permission for some kayak activities, such as sea kayaking, and they have seen dramatic reductions in paddle sports fatalities*
Universal background checks: In order to keep kayaks out of the hands of irresponsible paddlers, and to obtain the previously mentioned kayaking license, the kayak operator would be required to pass a universal background check to ensure they have no history of irresponsible kayaking; i.e. kayaking without a PFD, kayaking without dressing for the water temperature, kayaking alone, etc.
End kayak industry immunity: Surviving family members and victims of kayaking incidents should be allowed to sue kayak and paddle manufactures for kayaking incidents. Kayaking is the only sport that doesn’t allow for individuals to sue the manufactures if their products are used irresponsibly*. For example, if an individual goes kayaking on a day warm day with cold water, capsizes and drowns, it is clear that the manufacturer knows their product was instilling false levels of comfort and security in the seaworthiness of their product. Kayak manufactures do little to warn purchasers of their product to wear a PFD and seek proper instruction before venturing out onto the water*. Likewise paddle manufacturers could be held accountable in court for the thousands who die annually while paddling – because let’s face it – they full well know that sleek, carbon double blade beauty encourages people to take unnecessary risk in the waves. My proposed legislation would allow survivors and victims’ to seek financial compensation for their losses, hold manufacturers accountable, and sue the industry out of existence.
*This statement and others are entirely unverified
*Kayak manufacturers may extensively warn paddlers to wear a PFD and seek instruction before kayaking
