Funny thing is.... you have to know the real rules to point them out to any inspector as some intertwine feelings over facts.
This is one little known fact about flares and having them on board. It is in the checklist but often misinterpreted.
33 CFR 175.101 DEFINITIONS OF COASTAL WATERS WHICH REFERS TO APPLICABILITY...
§ 175.105 Definitions.
(a)Visual distress signal*means a device that is approved by the*Commandant*under*46 CFR Part 160*or certified by the manufacturer under*46*CFR Parts*160*and*161..
(b)Coastal waters*means:
(1)*The U.S. waters of the*Great Lakes*(Lake Erie, Huron, Michigan, Ontario, and Superior);
(2)*The territorial seas of the United States; and
(3)*Those waters directly connected to the*Great Lakes*and territorial seas (i.e., bays, sounds, harbors, rivers, inlets, etc.) where any entrance exceeds 2 nautical miles between opposite shorelines to the first point where the largest distance between shorelines narrows to 2 miles, as shown on the current edition of the appropriate National Ocean Service chart*used*for navigation. Shorelines of islands or points of land present within a waterway are considered when determining the distance between opposite shorelines.
So many areas along the ICW fall into this less than 2 mile rule for small boat or dingy use....but I will admit it is easier to carry flares ir an SOS light than argue in the dark.