(a) Except as provided in subsection (b), it is unlawful for any person born after January 1, 1989, to operate any vessel subject to registration on any waters of this state unless the operator:

(1) Has successfully completed a monitored National Association of State Boating Law Administrators (NASBLA) approved boating safety examination administered by the agency or an approved representative of the agency; and

(2) Has received a certificate from the Tennessee wildlife resources agency as evidence of successful completion of a monitored NASBLA-approved boating safety examination administered by the agency or an approved representative of the agency; or

(3) Is accompanied on the vessel by, and is under the direct supervision of a person who:

(A) Is eighteen (18) years of age or older and is certified as provided in subdivisions (a)(1) and (2); or

(B) Was born on or before January 1, 1989.

(b) Subsection (a) shall not apply to:

(1) Nonresidents of Tennessee. Nonresidents of Tennessee shall show proof of successful completion of an approved NASBLA course;

(2) Vessels powered by engines of eight and one-half (8.5) horsepower or less;

(3) Persons with operator licenses issued by the United States coast guard; or

(4) Operators of sailboats when under sail alone.

(c) Certificates of completion of boating safety courses required by this section:

(1) Must be in the possession of the boat operator while such boat is in operation;

(2) Shall contain a physical description of the boat operator, including, but not limited to, the operator's address, date of birth, and a unique tracking number;

(3) Shall not expire, but may be revoked by action of an applicable court; and

(4) Shall be issued for a fee of ten dollars ($10.00). Replacement cards shall be issued for a fee of five dollars ($5.00).

(d)

(1) Except as permitted under subdivision (d)(4), a marina, livery, or other rental operation shall not hire, lease, or rent a motorboat to any renter without first providing the renter with an orientation pertinent to the motorboat type being hired, leased, or rented. Any orientation provided under this subdivision (d)(1) must be approved by the agency and include at least the following information:

(A) Basic operation of the motorboat, including steering capability when the power is decreased or at idle;

(B) Required safety equipment;

(C) Rules for the operation of vessels on the waters of this state;

(D) The meaning of the state uniform waterway marking system buoys; and

(E) Any laws or agency rules specific to the particular motorboat type.

(2) A renter must acknowledge in writing that the renter has received the orientation required by subdivision (d)(1) before the marina, livery, or other rental operation may allow the renter to operate the motorboat on the waters of this state.

(3) A marina, livery, or other rental operation shall maintain any written acknowledgement executed by a renter from the marina, livery, or other rental operation under subdivision (b)(2) for a period of time to be established by rule of the agency, but not less than thirty (30) days. A written acknowledgement must be available for inspection by the agency during regular business hours.

(4) A marina, livery, or other rental operation is not required to provide orientation to a renter who:

(A) Has successfully completed a monitored NASBLA-approved boating safety examination as described in subdivision (a)(1) and received a certificate from the agency as described in subdivision (a)(2);

(B) Is a nonresident of this state who shows proof of successful completion of an approved NASBLA course;

(C) Has been issued an operator license by the United States coast guard; or

(D) Was born on or before January 1, 1989.

(e) A violation of this section is a Class C misdemeanor punished by a fine only and, in addition to the fine, a court may revoke a certificate of completion of a boat safety course. It is unlawful for an owner or person directly in charge of a vessel subject to registration to authorize or permit knowingly such vessel to be operated on the waters of this state in violation of this section.