2013 Maryland Code
NATURAL RESOURCES
§ 8-725 - Waterskiing restrictions

§8-725.

(a) This section does not apply to:

(1) Any performer engaged in a professional exhibition; or

(2) Any person taking part in:

(i) An authorized regatta, motorboat race, or other boat race; or

(ii) Any marine parade, tournament, or exhibition.

(b) A person may not operate any machinery-propelled vessel for the purpose of towing a person on or attached to water skis, an aquaplane, a parasail, or similar device unless the vessel operator is at least 12 years old and another person, at least 12 years old, is in the vessel to observe the progress of the person being towed. Towing may not occur between sunset and sunrise.

(c) (1) In this subsection, “personal flotation device” includes:

(i) A life jacket;

(ii) A life vest;

(iii) A life preserver;

(iv) A barefoot wet suit; or

(v) A trick skiing wet suit.

(2) A person who is in or over the waters of the State and is being towed behind a vessel must wear a personal flotation device.

§ 8-725 - 1. Abandonment of vessel

(a) General prohibition. -- A person may not abandon, as defined in § 8-721 of this subtitle, any vessel upon any waters of the State.

(b) Prima facie owner of vessel. -- The last known registered owner shown on the certificate of title issued under § 8-715 of this subtitle shall be considered:

(1) The prima facie owner of a vessel at the time the vessel was abandoned; and

(2) The person who abandoned the vessel.

(c) Violation. --

(1) Any person who violates any provision of this section is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 6 months, or both.

(2) Any person found guilty of a second or subsequent violation of any provision of this section is subject to a fine not exceeding $ 2,000 or imprisonment not exceeding 1 year, or both.

(3) Any person who violates any provision of this section is liable to the State for the cost of removal of the vessel.

(4) The provisions of this section do not apply to a vessel wrecked through an act of God or negligence of a third party.

§ 8-725 - 2. Comprehensive management plan for use of vessels on Severn River

(a) In general. -- The Department shall:

(1) Develop a comprehensive management plan for the use of vessels on the Severn River and its tributaries in accordance with the Administrative Procedure Act under Title 10 of the State Government Article; and

(2) Implement the comprehensive management plan no later than April 15, 1990.

(b) Content. -- The comprehensive management plan for the use of vessels on the Severn River and its tributaries shall include, but not necessarily be limited to:

(1) Areas designated for specified uses;

(2) Noise level limits of vessels;

(3) Maximum speed limits of vessels;

(4) Other limits that address water surface capacity and the safe operation of vessels so as to maximize the recreational and aesthetic values of the Severn River and its tributaries, consistent with sound environmental practices; and

(5) A study of seaplane activity on the Severn River and its tributaries.

(c) Effect of section. -- This section may not be construed to change the authority previously granted to the Department to adopt regulations concerning the subject matter of this section.

§ 8-725 - 3. Speed limits on Severn River; penalties

(a) Speed limits; application. -- A person may not operate any vessel on the Severn River from April 15, 1989 to October 15, 1989 in excess of 40 miles per hour during the following days and times:

(1) A Saturday;

(2) A Sunday;

(3) A State holiday; and

(4) Any other day from sundown to sunrise.

(b) Violation as misdemeanor; penalty. --

(1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

(i) For the first offense, $ 500; and

(ii) For the second offense, $ 1,000 or imprisonment not exceeding 30 days or both.

(2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(c) Effect of section. -- This section may not be construed to affect the Department's authority:

(1) To adopt regulations concerning the subject matter of this section; or

(2) To set speed limits on creeks, bays, coves, and tributaries of the Severn River.

(d) Informational program. -- The Department shall develop an informational program to assist boaters in complying with the speed limits imposed by this section, including public education, a phase-in period for enforcement, and information to assist boaters in converting tachometer or knot meter readings to speedometer readings in miles per hour.

§ 8-725 - 4. Noise levels for vessels operated in tidal waters

(a) Applicability. -- The provisions of this section do not apply to persons who regularly catch or harvest seafood for sale while actually engaged in the catching or harvesting of the seafood.

(b) Permitted noise levels. --

(1) Except as provided in subsection (d) of this section, a person may not operate a vessel on the waters of the State so as to exceed a noise level of 90dB(a).

(2) Noise level limits for waters of the State shall be measured using generally accepted testing procedures imposed by regulations adopted by the Department based on the Marine Environment Sound Level Measurement Procedure, SAE J 2005.

(3) An owner or lessee of a vessel may not allow the vessel to be operated on waters of the State in violation of paragraph (1) of this subsection.

(c) Muffling devices or systems. -- A person may not own or operate on any waters of the State any vessel manufactured after January 1, 1990 that is not equipped with a muffler or device or system which muffles or suppresses engine noise in accordance with regulations adopted by the Department.

(d) Regulations -- Exceptions. -- The Department may adopt regulations to permit exceptions to this section, including exceptions for:

(1) Economic hardship;

(2) Vessels participating or preparing to participate in a U.S. Coast Guard or Department approved race or event;

(3) The testing, repair, or development of vessel engines conducted by a bona fide engine or boat manufacturer or service person; and

(4) Vessels belonging to a volunteer fire department, ambulance company, rescue squad company, or advance life support company or a political subdivision.

(e) Regulations -- Enforcement. -- In addition to the provisions of subsection (b) of this section, the Department may adopt regulations to enforce this section, including regulations establishing noise limitations.

(f) Violations; penalties. --

(1) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

(i) For the first offense, $ 500; and

(ii) For the second offense, $ 1,000 or imprisonment of 30 days or both.

(2) Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.

(g) Compliance with Administrative Procedure Act. -- All regulations adopted by the Department under this section shall be in accordance with the Administrative Procedure Act under Title 10 of the State Government Article.

§ 8-725 - 5. Speed limit on Seneca Creek

(a) Prohibited speed. -- A person may not operate a vessel on Seneca Creek in Montgomery County at a speed in excess of 6 knots.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $ 25 and not exceeding $ 200 or both.

§ 8-725 - 6. Speed limit on certain areas of Monocacy River

(a) Prohibited. -- A person may not operate a vessel on the Monocacy River between Starner's Dam and the upstream island in Carroll and Frederick counties at a speed in excess of 6 knots.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $ 25 and not exceeding $ 200 or both.

§ 8-725 - 7. Marine gatherings.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) (i) "Marine gathering" means an intentional congregation of at least 100 vessels in the waters of the State that, by its nature, circumstances, or location, creates extra or unusual hazards to life or property.

(ii) "Marine gathering" does not include:

1. A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;

2. A docking competition; or

3. Vessels docked or moored at a marina.

(3) "Permit" means a marine gathering permit issued in accordance with this section.

(b) Permit required. -- A person may not sponsor or hold a marine gathering without obtaining a written permit from the Department.

(c) Application. --

(1) The organizer or sponsor of the marine gathering shall submit a permit application to the Department and pay an application fee established by the Department.

(2) The application fee may not exceed the cost of processing the permit.

(3) The Department may not require the application to be submitted more than 45 days before the marine gathering.

(d) Regulations; requirements and issuance of permits. --

(1) The Department shall adopt regulations governing the application and issuance of the permit.

(2) If a permit is needed to ensure public safety, the Department shall issue a permit in accordance with paragraphs (3) and (4) of this subsection.

(3) The Department may require in the terms of a permit one or more of the following requirements:

(i) The presence of security officers at the marine gathering;

(ii) The presence of rescue personnel or lifeguards at the marine gathering;

(iii) The placement of buoys at the marine gathering; and

(iv) Limitations on the duration of the marine gathering.

(4) The Department may:

(i) Recommend additional actions to an applicant to further safeguard the participants of the marine gathering; but

(ii) Not require any additional terms or conditions in a permit beyond what may be required under paragraph (3) of this subsection.

(e) Department to notify local law enforcement unit and public safety organizations. -- Before issuing a marine gathering permit, the Department shall notify the local law enforcement unit of the county in which the marine gathering will occur and public safety organizations that the Department considers necessary.

(f) Termination and disbanding of marine gathering. -- A police officer may terminate and disband a marine gathering:

(1) Held without the necessary permit; or

(2) In violation of the terms of a permit.

(g) Penalty. --

(1) A person who violates this section or a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000.

(2) A person who commits a second or subsequent violation of this section or a regulation adopted under this section is:

(i) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 5,000; and

(ii) Liable to the State for the cost of disbanding the marine gathering.