Complex question
As always, this is a complex question with many consequences relative to the solutions selected AND the methods by which they are executed. No, we cannot legislate common sense (and no, it isn't always that "common" either). We can, however, legislate requirements for basic competency, and consequences for inappropriate actions taken that result in damage to persons or property. All nations have done so.The salient question becomes: "does the public need to ensure that operators of motorized (and sailing) vessels meet certain common standards of knowledge or competency?" My vote is "yes." There is an immediate and compelling parallel -- operation of motorized vehicles. All civilized countries have some sort of motor vehicle licensing based upon proving competency. Most have different knowledge/skill requirements for different classes of vehicles (e.g., passenger, motorcycle, commercial, school bus). Most exclude motor vehicles below a certain size/displacement, but generally impose use restrictions (e.g., motor scooters, off-road vehicles). The subordinate question gets to juristiction of licensing. The USCG runs the equivalent of the "commercial" licensing process already. That makes sense because this type of service generally involves offshore or interstate or international operations. Our constitution gives the states the authority to regulate local matters affecting public safety and security, as they do for licensing drivers & vehicles. Clearly, they don't all have uniform rules and procedures in doing so but there still is some fairly good consistency between them on the basics. So, it would be up to the states to establish the non-commercial operator examination and licensing. I think there are enough practices and standards among the U.S. Power Squadron, USCG Auxilliary, boating schools, charter operators, and the insurance underwriters to establish some fairly universal standards, all centered around the COLREGs and Admiralty Law.Enforcement of existing operation and safety laws is already spread between the USCG, state, and local law enforcement agencies. That won't change much. And, yes, we'll still have fools who will flaunt the rules, violate the rights of others, or worse. Perhaps we can get them off the water faster if they risked losing their license (and insurance).--Ron