Whether you need flares on your boat depends on the boat’s length and where you use it, and even when signals are required, flares are only one of several options that satisfy the rule. Federal law under 33 CFR Part 175 requires visual distress signals on most recreational vessels 16 feet or longer operating on coastal waters, the Great Lakes, and connected waterways. Boats under 16 feet need signals only at night. And an orange distress flag paired with an electric distress light will meet the requirement with no pyrotechnics at all.
When Signals Are Required
Two things decide whether the rule applies to you: how long your boat is and what water you’re on.
If your boat is 16 feet or longer and you’re operating on covered waters, you must carry visual distress signals rated for daytime use and signals rated for nighttime use, or devices that cover both.1eCFR. 33 CFR 175.110 – Visual Distress Signals Required
If your boat is under 16 feet, you only need night-rated signals, and only between sunset and sunrise. A small boat on covered waters during daylight has no federal signal requirement.1eCFR. 33 CFR 175.110 – Visual Distress Signals Required
What Counts as Covered Water
The regulation defines “coastal waters” broadly. It covers the territorial seas of the United States, the U.S. waters of all five Great Lakes, and any bays, sounds, harbors, rivers, or inlets connected to those bodies where the entrance exceeds two nautical miles between opposite shorelines.2eCFR. 33 CFR Part 175 Subpart C – Visual Distress Signals The high seas are also covered for U.S.-owned boats.
If you boat only on a small inland lake, a narrow river, or a bay with an entrance under two nautical miles, the federal VDS rule doesn’t reach you. State or local rules may, so check before assuming you’re free of any obligation.
Who Is Exempt During the Day
Three groups skip the daytime signal requirement even on covered waters:
- Manually propelled boats such as kayaks, canoes, and rowboats.
- Open sailboats under 26 feet with no propulsion machinery aboard.
- Participants in an organized regatta, race, or marine parade, during the event.
Night is another matter. All three groups still need night-rated signals between sunset and sunrise.3eCFR. 33 CFR 175.115 – Exemptions
You Don’t Have to Use Flares
Nothing in the rule forces you to buy pyrotechnics. Non-pyrotechnic devices are fully approved:
- One orange distress flag (a flag with a black square and black circle) satisfies the daytime requirement.
- One electric distress light that flashes S-O-S satisfies the nighttime requirement.
Carry both and you’re covered day and night with nothing that expires or burns.4eCFR. 33 CFR 175.130 – Visual Distress Signals Accepted
LED-based electronic visual distress signal devices (eVDSDs) meeting the RTCM Standard 13200.0 are also accepted as nighttime signals, equivalent to the older incandescent electric light. Inspectors look for the RTCM 13200.0 marking on the device.5USCG Boating Safety. What Is an Equivalent eVDSD An eVDSD alone does not meet daytime requirements, so you still need a daytime-rated device such as an orange flag or handheld flares.
If You Do Carry Flares
Pyrotechnic signals require three of whichever type you choose.4eCFR. 33 CFR 175.130 – Visual Distress Signals Accepted The common choices:
- Handheld red flares (day and night rated).
- Parachute or rocket-propelled red flares (day and night rated).
- Red aerial pyrotechnic flares (day and night rated).
- Floating or handheld orange smoke signals (day only).
Three handheld red flares is the simplest setup because they count for both periods. You can also mix types: two handheld red flares and one parachute flare works, and so does three orange smoke signals paired with one electric distress light.
Whatever you carry must be readily accessible aboard the vessel and in serviceable condition. A flare buried under gear or locked away where you can’t reach it does not meet the standard.
Expired Flares Don’t Count
Every approved pyrotechnic device carries a stamped expiration date no more than 42 months from the date of manufacture.6eCFR. 46 CFR 160.066-10 – Expiration Date Once that date passes, the flare no longer satisfies the VDS requirement. During a Coast Guard boarding, expired flares are treated as no flares at all.
Check dates before the start of each season. Store pyrotechnics in a dry, waterproof container in a spot you can reach quickly, since moisture is what tends to ruin them.
What Happens If You’re Caught Without Them
A VDS violation falls under the general recreational vessel penalty statute. The base civil fine is up to $1,000 per violation, and the vessel itself can be held liable.7Office of the Law Revision Counsel. 46 USC 4311 – Penalties After inflation adjustment, the current maximum is $3,126 per violation.8eCFR. 33 CFR 27.3 – Penalty Adjustment Table Willful violations carry up to $5,000 in fines, up to one year of imprisonment, or both.
Getting Rid of Old Flares
Expired pyrotechnics are hazardous waste. Don’t throw them in the trash and don’t dump them overboard. Disposal options vary by area:
- Local hazardous waste programs. Many counties accept expired flares at collection events or drop-off facilities; call ahead to confirm they take marine pyrotechnics.
- Fire departments. Some accept them; not all do.
- Coast Guard Auxiliary units and marine dealers, which may run or know of collection programs.
Fees range from a few dollars to about $50 per flare depending on the facility. If the recurring cost and disposal hassle is enough to bother you, switching to an orange flag plus an electric or electronic distress light keeps you compliant and ends the replacement cycle.