(a) No person may operate a motorboat in a circular course around:
(1) any other boat or personal watercraft any occupant of which is engaged in fishing, waterskiing, or a similar activity; or
(2) any person swimming.
(a-1) Subsection (a) does not apply to a person operating a motorboat in a circular course to retrieve a downed or fallen water-skier or other person engaged in a similar activity.
(b) No swimmer or diver may come within 200 yards of a sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area.