1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his or her ownership or control on any waters of this State unless each person on the vessel who is less than 13 years of age is wearing a life jacket of an appropriate size and type for the person for whom it is intended that has been approved by the United States Coast Guard and meets any requirements prescribed by the regulations of the Commission while the vessel is under way.
2. The provisions of subsection 1 do not apply to persons on board:
(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.