2013 Maryland Code
NATURAL RESOURCES
§ 8-703 - Powers and duties of Department generally

§8-703.

(a) The Department shall administer the provisions of this subtitle. In addition, the Department shall:

(1) Develop plans, within the limits of available income, for the improvement and promotion of the waters of the State for recreational purposes;

(2) Promote safety of life and property through an educational program directed to boat owners, boat operators, and others concerning the inherent hazards to vessels and people on the waters, including precautions to be observed, and emergency action;

(3) Plan a regulatory program and its related cooperation with officials of other states, the federal government, and local governments;

(4) Improve the State’s waterways by deepening channels, acquiring and developing access areas, clearing waterways by removing logs, debris, and other material obstructing or detrimental to navigation, building docks, and clearing waters of aquatic vegetation;

(5) Cooperate with federal, State, or local agencies which make funds available for the purposes of this subtitle;

(6) In order to protect life and property, tow disabled vessels on any waters of the State to the nearest safe harbor or to a location where commercial towing facilities are available. The Department may not engage in towing in competition with commercial towing services;

(7) Designate and mark channels in the waters of the State; and

(8) By April 1, 1990, for any attended boat launching facility or marina that is owned or operated by the Department on July 1, 1989 or that is purchased, built, or otherwise acquired by the Department on or after July 1, 1989, install a pump-out station on-site at any attended boat launching facility or marina that is adequate to handle the sewage capacity from vessels expected to use the boat launching facility or marina.

(b) The Department may take possession of any document the Department issues pursuant to this subtitle:

(1) After the document’s expiration, revocation, cancellation, or suspension; or

(2) If the document is issued unlawfully or erroneously.

§ 8-703 - 1. Antifouling paints

(a) Development and implementation of educational program. -- The Department shall develop and implement by August 1, 1987 an educational program to advise boaters, boatyards, marine suppliers, and other users of antifouling paints on:

(1) The provisions of Title 5, Subtitle 9 of the Agriculture Article, § 9-321.1 of the Environment Article, and this section;

(2) The toxic propensities to marine life of antifouling paints containing tributyltin compounds; and

(3) The availability of substitute paints.

(b) Publications. -- The Department shall:

(1) Publish for use by the public a detailed listing of antifouling paints in use in the State that contain tributyltin and those that do not; and

(2) Publish, to the extent possible, which antifouling paints containing tributyltin have acceptable release rates, as defined in § 5-901 of the Agriculture Article.

(c) Coordination with State Department of Agriculture, marine trades, etc. -- The Department shall develop the educational program under subsection (a) of this section and the materials used in the program in coordination with the State Department of Agriculture and in consultation with the marine trades and with representatives of the boating public.

§ 8-703 - 2. Boating regulations for Jennings Randolph Lake

(a) Authorized. -- Notwithstanding any other provision of this subtitle, the Department may adopt boating regulations exclusively applicable to Jennings Randolph Lake.

(b) Coordination with West Virginia. -- Regulations adopted under this section:

(1) Shall be developed in coordination with the State of West Virginia;

(2) Shall allow for joint enforcement of boating activities by Maryland and West Virginia authorities in accordance with the Jennings Randolph Lake Project Compact; and

(3) May differ from Maryland boating laws that would otherwise apply.

(c) Appropriate provisions. -- Regulations adopted under this section may:

(1) Provide age limits for the operation of a vessel;

(2) Establish vessel noise limits;

(3) Impose safety requirements regarding vessels;

(4) Impose other standards and requirements for the operation of a vessel;

(5) Provide for rules of the road for vessels;

(6) Provide requirements regarding the operation of personal watercraft;

(7) Impose restrictions on the operation of vessels while towing an individual on water skis or similar devices; and

(8) Address other areas pertaining to activities at the Jennings Randolph Lake Project that the Department considers appropriate.