Plain Text Law

Title 08 — Subtitle 04. Boating

Chapter 01. Definitions

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Act” means the Federal Boat Safety Act of 1971 (85 Stat. 213 46 U.S.C. 1451, et seq.)
(2)
“Arc of swing” means the circumference of the circle the radius of which is formed by the mooring line and the chain and the vessel.
(3)
“Army Corps Permit for Controlled Water Ski Course” is a legal document issued by the US Army Corp of Engineers permitting the applicant to place anchors or similar devices on the bottom of State waters. The permit may contain specific requirements that shall be followed.
(4)
“Artificial ballast” means auxiliary or portable tanks or weights which distribute the weight in a vessel causing it to produce a large wake at slow speeds for the purpose of wake surfing.
(5)
“Boat speed” means speed through the water.
(6)
“Certificate” means any certificate of number.
(7)
“Certificate of title” means that certificate issued upon satisfactory proof of ownership made by an applicant to the Department.
(8)
“Channel” means that portion or portions of tidal waters which are either designated as a channel by navigational aids or which are the deeper part of a water body where the main current flows and which afford the best passage for vessels.
(9)
“Coach boat” means a vessel that accompanies a racing shell or racing scull that trains an individual crew and carries appropriate safety rescue equipment for the racing shell or racing scull.
(10)
“Controlled ski area” means an area marked by the Department which encompasses a slalom ski course which is permitted by the U.S. Army Corps of Engineers under the Rivers and Harbors Act of 1899, (33 U.S.C. 403), as amended, and is designed, constructed and intended for controlled water ski practices.
(11)
“Dealer” means any person who engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels, or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for sale, trade, and display of vessels. A yacht broker is a dealer.
(12)
“Department” means the Department of Natural Resources.
(13)
“Designated rowing area” means an area which is designated by the Department for rowing activities by individuals in rowing shells or similar devices.
(14)
“DNR Controlled Water Ski Sticker” is a sticker issued by the Department to a Water Ski Vessel and shall remain on the vessel unless the vessel is sold or modified.
(15)
“Group moorings” means the mooring by a person of three or more vessels.
(16)
“Immediate family” means spouse, son, daughter, mother, father, sister, brother, grandmother, grandfather, son-in-law, father-in-law, mother-in-law, daughter-in-law, grandson, granddaughter, stepfather, stepmother, halfbrother, halfsister, stepson, or stepdaughter. The term includes persons so related by virtue of adoption.
(17)
“Individual moorings” means the mooring by a person of not more than two vessels.
(18)
“Issuing authority” means either a state that has a U.S. Coast Guard approved numbering system or the Coast Guard where a number system has not been approved.
(19)
“Manufacturer” means any person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade.
(20)
“Modified” means a change to a vessel with a DNR Controlled Water Ski sticker by any of the following means:
(a)
Adding more than 750 pounds of ballast by any means that causes the vessel to create a wake that exceeds 6 inches, measured at a point on the closest shore;
(b)
Removing the towing pylon, swim platform, rear facing seat, or mirror; or
(c)
Modifying the vessel from its overall original manufactured dimensions so that it is no longer capable of maneuvering the established course without damaging the required markers.
(21)
“Mooring” means a buoy, piling, stake, or other apparatus used to secure, berth, or moor vessels in the waters of the State. It does not include fixed piers connected to the shore or accessory structures directly related thereto that are subject to separate State approval procedures.
(22)
“Motorboat” means any vessel equipped with propelling machinery, whether or not the machinery is the principal source of propulsion.
(23)
“Operate” means to navigate or otherwise use a motorboat or vessel.
(24)
“Operator” means the person who operates or has charge of the navigation of a vessel.
(25)
“Owner” means a person, other than a lien holder, having property in or title to a vessel. The term includes a person entitled to use or possess a vessel subject to an interest in another person, reserved, or created by agreement and securing payment of performance of an obligation, but it does not include a lessee under a lease not intended as security.
(26)
“Person” includes:
(a)
The federal government, State, any county, municipal corporation, or other political subdivision of the State, or any of their units;
(b)
An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or
(c)
A partnership, firm, association, public or private corporation, or any other entity.
(27)
“Public access point” means waterfront property open to the public to gain access to tidal waters.
(28)
“Public bathing beaches” means areas recognized by the Maryland Department of the Environment (MDE) as defined in COMAR 26.08.09.
(29)
Purchase Price.
(a)
“Purchase price” means, for vessels sold by manufacturers, brokers, or dealers, the certified gross purchase price of the vessel and its equipment in the case of sales of new vessels and the resale of used vessels.
(b)
“Purchase price” means, for all other transactions, the total purchase price if verified by means of a certified bill of sale approved by the Department, or that valuation shown in a national publication of used vessels adopted for use by the Department, with the Department having discretionary power in determining the valuation.
(30)
“Racing shell” is a manually propelled vessel that is solely for competitive racing recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, (if one is present). It is not designed to carry and does not carry any equipment, including safety equipment, which is not used for racing.
(31)
“Racing scull” is a manually propelled vessel that is solely for competitive racing recognized by national or international racing associations for use in competitive racing and one in which all occupants row, scull, or paddle, with the exception of a coxswain, (if one is present). It is not designed to carry and does not carry any equipment, including safety equipment, which is not used for racing.
(32)
“Riparian property owner” means a person possessing riparian rights, specifically including the right to gain access to tidal water.
(33)
“Sale” is defined pursuant to §§2-106(1) and 2-401(20) of the Uniform Commercial Code as amended.
(34)
“Ski jump course” means an area which includes a water ski jump ramp. The water ski jump ramp should be a minimum distance from shore of 125 feet, the minimum width of the body of water at the jump is 275 feet. The jump course includes boat guides and 150 m, 180 m, and 210 m buoys is approximately 920 feet long. Approximately 2,000 feet is the minimum straight distance needed for the jump course and ride out area. The jump course begins with the 180 meter cut out buoy and ends with the 100 meter end course.
(35)
“Slalom ski course” means an area approximately 850 feet in length by 75 feet in width, marked by inflated balls or bladders secured to anchors using flexible hose for the top 3 feet of connection, containing a maximum of 26 balls or bladders, and which is permitted by the U.S. Army Corps of Engineers under the Rivers and Harbors Act of 1899, (33 U.S.C. 403), as amended, and is designed, constructed and intended for controlled water ski practices.
(36)
Speed Limits:
(a)
“Restricted 6 knots (6.9MPH)” means a person may not operate or give permission to operate a vessel more than 17 feet in length:
(i)
At a boat speed in excess of 6 knots (6.9 statute miles per hour, or 11.1 kilometers per hour); or
(ii)
To cause an objectionable or excessive wake.
(b)
“6 knots (6.9 MPH)” means a person may not operate or give permission to operate a vessel:
(i)
At a boat speed in excess of 6 knots (6.9 statute miles per hour, or 11.1 kilometers per hour); or
(ii)
To tow an individual on a ski, aquaplane, or similar device.
(c)
“20 knots (23 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 20 knots (23 statute miles per hour or 42.6 kilometers per hour).
(d)
“26 knots (30 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 26 knots (30 statute miles per hour or 55.6 kilometers per hour).
(e)
“35 knots (40.25 MPH)” means a person may not operate or give permission to operate a vessel at a boat speed in excess of 35 knots (40.25 statute miles per hour or 74.5 kilometers per hour).
(f)
“Minimum wake zone” means a person may not operate or give permission to operate a vessel in excess of the slowest possible boat speed necessary to maintain steerage under prevailing wind and sea conditions not to exceed 3 knots (3.5 statute miles per hour or 5.6 kilometers per hour).
(g)
“Idle speed” means the operation of a vessel at the slowest possible boat speed necessary to maintain steerage under prevailing wind and sea conditions not to exceed 3 knots (3.5 statute miles per hour or 5.6 kilometers per hour).
(37)
“State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(38)
“State of principal use” means the state on whose waters a vessel is used or to be used most during a calendar year.
(39)
“Steerage” means the minimum rate of motion required for the steering apparatus (rudder or motor) of a vessel to have effect.
(40)
“Swim beach area” means an area inside a Public Bathing Beach that is marked with U.S. Coast Guard permitted boat exclusion markers for a swim area, and the owner or operator reserves the area solely for bathing, swimming or other public water contact activities. The area shall be in compliance with a MDE permitted beaches as defined in COMAR 26.08.09.
(41)
“Tidal waters” means those waters of the State affected by the ebb and flow of the tide.
(42)
Time Periods:
(a)
“All times” means the period beginning at 12:01 a.m. each January 1, and ending at 12 midnight each succeeding December 31.
(b)
“All year” means the period beginning at 12:01 a.m. each January 1, and ending at 12 midnight each succeeding December 31.
(c)
“Boating season” means the period beginning at 12:01 a.m. each April 15, and ending at 12 midnight each succeeding October 15.
(d)
“Nonboating season” means the period beginning at 12:01 a.m. each October 16, and ending at 12 midnight each succeeding April 14.
(e)
“Saturdays, Sundays, and State holidays” means the period beginning at 12:01 a.m. each Saturday, and ending at 12 midnight each succeeding Sunday, and during the period beginning at 12:01 a.m. and ending at 12 midnight each holiday officially recognized by the State of Maryland as listed by the Maryland Department of Budget and Management. For the purposes of this subtitle, the terms “holiday” and “State holiday” are to be considered equivalent.
(f)
“Sunrise to sunset” means the period during the daytime hours beginning at sunrise and ending at sunset, as computed by the U.S. Naval Observatory, Washington, D.C.
(g)
“Sunset to sunrise” means the period during the nighttime hours beginning at sunset and ending at sunrise, as computed by the U.S. Naval Observatory, Washington, D.C.
(h)
“Weekdays” means the period beginning at 12:01 a.m. on Monday and ending at 12 midnight the following Friday.
(43)
“USCG Permitted buoys” is a legal document issued by the U.S. Coast Guard permitting the applicant to place buoys or markers on navigable waters to mark an area.
(44)
“Use” means to operate, navigate, or employ a vessel. A vessel is in use whenever it is upon the water.
(45)
“Vessel” means any type of watercraft, other than a seaplane that is used or capable of being used as a means of transport on the water or ice as defined in 1 U.S.C. 3, and as amended by any subsequent USCG determinations. Ice boats are regarded as watercraft. The term includes the vessel’s motor, spars, sails, and accessories.
(46)
“Vessel number” means the USCG documentation number or the number issued by a state numbering system.
(47)
“Wake Surfing” means free riding on a device similar to a surfboard behind an artificially ballasted boat at slow speeds (9—14 mph).
(48)
“Waters of the State” means any water within the jurisdiction of the State, the marginal sea adjacent to the State, and the high seas when navigated as part of a ride or journey to or from the shore of the State.
(49)
“Week” means any 7 consecutive days.

Chapter 02. Maryland Boat Act Advisory Committee

Regulation .01 Maryland Boat Act Advisory Committee.Copy Citation

A.
A committee, to be known as the Maryland Boat Act Advisory Committee, is hereby created. The members shall represent groups or organizations concerned with boating activities, and shall be selected by the Secretary of Natural Resources in consideration of expert knowledge of, and demonstrated interest in, the operation and equipage of boats.
B.
Procedures for Appointing Members.
(1)
The terms of the members may be 3 years and shall begin on January 1 of the year of appointment.
(2)
Members are eligible for reappointment.
(3)
The Committee shall consist of not more than 21 members.
(4)
Each year 1/3 of the membership may be eligible for reappointment by the Secretary to a new 3-year term.
(5)
Solicitation of candidates shall be established by the Department.
C.
The Maryland Boat Act Advisory Committee shall elect from its membership a chairman, vice-chairman, and an alternate officer. The committee shall have the assistance of a designated member of the staff of the Department of Natural Resources in preparation of agenda, minutes, and other clerical assistance as may reasonably be necessary.
D.
The Maryland Boat Act Advisory Committee shall meet in January, March, May, and October of each year, and at other times as requested by the chairman or by a majority of the members.
E.
The advice and opinions of the Maryland Boat Act Advisory Committee shall be sought by the Secretary of Natural Resources on all proposed regulations affecting the equipment and operation of vessels in Maryland waters, and may be sought by the Secretary of Natural Resources on any other matters considered appropriate.
F.
Active members of the Maryland Boat Act Advisory Committee shall be entitled to display on vessels they are aboard a distinguishing flag or pennant, of a design approved by the Secretary of Natural Resources.
G.
The Secretary may release an appointee at any time during a term.

Chapter 03. Certificate of Boat Number

Regulation .01 Vessel Numbering.Copy Citation

A.
A person may not use a vessel unless:
(1)
It has a number issued on a certificate of number by the Department or the issuing authority in the state where the vessel is principally used; or
(2)
The vessel is exempt from numbering pursuant to 33 CFR §173.13 as amended.
B.
Display.
(1)
The number shall conform to the requirements of 33 CFR §174.23 as amended.
(a)
The first part shall consist of the letters “MD”;
(b)
The second part shall consist of not more than four Arabic numerals;
(c)
The third part shall consist of not more than two letters;
(d)
The parts shall be separated by a hyphen or an equivalent space, for example: MD-1-A, MD-1234-AA, MD 56 AA; and
(e)
Letters “I”, “O” and “Q” may not be used in the suffix.
(2)
Each number shall be displayed pursuant to 33 CFR §173.27 as amended.
(a)
Painted on or permanently attached to each side of the forward half of the vessel except as allowed by §B(3), of this regulation, or required by §B(4), of this regulation;
(b)
Plain vertical block characters not less than 3 inches high;
(c)
Contrast with the color of the background and be distinctly visible and legible; and
(d)
Read from left to right.
(3)
A manufacturer or dealer, but not a broker, may apply to the Department for the issuance of certificates of number to be used for testing or demonstrating vessels.
(a)
Vessel number shall end with the suffix “DL”.
(b)
There can be no personal use of a vessel displaying a “DL” number.
(c)
The number may be painted on or attached to removable plates that are temporarily but firmly attached to the side of the forward half of the vessel.
(4)
On vessels so configured that a number on the hull or superstructure would not be easily visible, the number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel.
(5)
Other numbers may not be carried on the forward half of the vessel.
C.
Except as provided in Regulation .04, a person may not use a vessel unless:
(1)
It has a number issued on a certificate of number by the Department or the issuing authority in the state where the vessel is principally used; and
(2)
The number is displayed as required by regulation §B, of this regulation.
D.
This regulation does not apply to a vessel for which a valid temporary certificate has been issued to its owner by the issuing authority in the state in which the vessel is principally used.

Regulation .02 Possession of Certificate of Number.Copy Citation

A.
Except as provided in 33 CFR §173.13 and 33 CFR §173.17 as amended, a person may not use a vessel unless it has on board:
(1)
A valid certificate of number or temporary certificate for that vessel issued by the issuing authority in the state in which the vessel is principally used; or
(2)
For the vessel described in §B of this regulation, a copy of the lease or rental agreement, signed by the owner or the owner's authorized representative and by the person leasing or renting the vessel, that contains at least:
(a)
The vessel number that appears on the certificate of number; and
(b)
The period of time for which the vessel is leased or rented.
B.
The certificate of number for a vessel less than 26 feet in length and leased or rented to another for the latter's noncommercial use of less than 7 days may be retained on shore by the vessel's owner or the owner's representative at the place from which the vessel departs or returns to the possession of the owner or the owner's representative.

Regulation .03 Exemptions.Copy Citation

The numbering requirements do not apply to the following vessels:
A.
Exceptions noted in Natural Resources Article, §8-712(a)(1), Annotated Code of Maryland;
B.
A motor boat used solely for power boat racing which carries an official racing number issued by a recognized racing organization;
C.
Chesapeake Bay log sailing canoes which are registered with the Department, used exclusively for racing and which meet the specifications of the Chesapeake Bay Log Canoe Association as to construction and rig. These vessels shall display their names on each bow in letters not less than 3 inches high, and of a contrasting color to the background; and
D.
A vessel equipped with propulsion less than 10 horsepower used exclusively for direct transportation between a numbered vessel and the shore. Vessel must display the number of the numbered vessel followed by the suffix “I”.

Regulation .04 Reciprocity.Copy Citation

A.
A vessel numbered in another state and temporarily using Maryland waters is deemed in compliance with the numbering system requirements of Maryland.
B.
When a vessel is moved to Maryland as the new state of principal use, a number awarded by another state shall be recognized as valid for 60 days before numbering issued by the Department is required.

Regulation .05 Certificate of Number.Copy Citation

A.
A person required to secure a certificate of number under 33 CFR §173.15 as amended shall submit to the Department an application for certificate of number and the required fee.
B.
The Department shall collect the information required by 33 CFR §187 as amended.
C.
Each certificate of number shall contain the information required by 33 CFR §174.19 as amended.
D.
A vessel issued a Maryland certificate of number must be titled in Maryland.
E.
Revocation.
(1)
The Department may revoke a certificate of number issued under this chapter if the vessel has been altered in such a way that it is no longer eligible to be issued a certificate of number.
(2)
Prior to revoking a certificate of number, the Department shall give the applicant notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

Regulation .06 Notification to Department.Copy Citation

A person whose name appears as the owner of a vessel on a certificate of number shall notify the issuing authority within 15 days of:
A.
Any address change;
B.
The theft or recovery of the vessel;
C.
The loss or destruction of a valid certificate of number;
D.
The transfer of full or partial interest in the vessel;
E.
The destruction or abandonment of the vessel;
F.
Any email address change; or
G.
The alteration of the vessel in such a way that it is no longer eligible to be issued a certificate of number.

Regulation .07 Removal of Number.Copy Citation

The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation sticker from the vessel when the:
A.
Vessel is documented by the Coast Guard;
B.
Certificate of number is invalid under Regulation .08 of this chapter;
C.
Vessel is no longer principally used in the state where the certificate was issued; or
D.
Certificate of number has been revoked.

Regulation .08 Validity of Certificate of Number.Copy Citation

A.
A certificate of number issued by the Department is invalid after the date when the:
(1)
Vessel is documented or required to be documented under 46 CFR §67 as amended;
(2)
Person whose name appears on the certificate of number as owner of the vessel, transfers all of his ownership of the vessel; or
(3)
Vessel is destroyed or abandoned.
B.
A certificate of number issued by the Department is invalid if the:
(1)
Application for the certificate of number contains a false or fraudulent statement;
(2)
Fees for the issuance of the certificate of number are not paid; or
(3)
Certificate of number has been revoked.
C.
A certificate of number is invalid 60 days after the day on which the vessel is no longer principally used in the state where the certificate was issued.
D.
The certificate of number is invalid when the person whose name appears on the certificate involuntarily loses ownership interest in the numbered vessel by legal process.

Regulation .09 True Copies.Copy Citation

A.
The Department may supply true copies of applications for Certificates of Title or Certificates of Number to a vessel owner or his agent upon written application accompanied by a $10 fee for each true copy.
B.
The Department may supply a statement of the history record on a boat to a vessel owner or his agent upon written application accompanied by a $5 fee.

Regulation .10 Validation Stickers.Copy Citation

A.
Except as provided in §F of this regulation, in order to use Maryland waters, a vessel numbered by the State shall display two validation stickers issued in accordance with the provisions of Natural Resources Article, §8-712.1, Annotated Code of Maryland.
B.
The validation stickers expire December 31 of the year following issuance.
C.
The color of the validation sticker shall represent the year the validation stickers expire, with red for stickers that expire in 2012, followed by blue, international orange and green in rotation.
D.
If the validation stickers are defaced, lost, or destroyed, a sworn affidavit to that effect shall be filed within 15 days with the Department by the owner and application made for replacements. A service fee of $1 will be charged for the replacements.
E.
One validation sticker shall be affixed to the vessel:
(1)
On each side of the vessel; and
(2)
Within six inches of the vessel number.
F.
Exemptions.
(1)
Temporary Registration Decals. A vessel is exempt from the requirement of displaying validation stickers if the temporary registration decals obtained from the licensed boat dealer are displayed and have not expired.
(2)
Proof of Purchase. A vessel is exempt from the requirement of displaying validation stickers if:
(a)
The individual who purchased the validation stickers is present on the vessel for which the stickers were issued;
(b)
The individual who purchased the validation stickers is in possession of the proof of purchase issued by the Department; and
(c)
The validation stickers were purchased within the previous 10 calendar days.

Regulation .11 Hull Identification Numbers.Copy Citation

A.
The hull identification number is the permanent identification for any vessel titled under the provisions of Natural Resources Article, §8-715, Annotated Code of Maryland.
B.
The hull identification number shall be displayed on the vessel pursuant to 33 CFR §181.29 as amended.
(1)
Carved, burned, stamped, embossed, molded, bonded, or otherwise permanently affixed so that alteration would be obvious;
(2)
Primary hull identification number affixed to the starboard outboard side of the transom within two inches of the top of the transom, gunwale, or hull/deck joint, whichever is lowest;
(3)
Duplicate hull identification number affixed in an unexposed location on the interior of the boat or beneath a fitting or item of hardware; and
(4)
Characters must be no less than one-fourth of an inch high.
C.
Persons who build a vessel for their own use and are not engaged in the business of manufacturing boats for resale shall obtain from the Department a hull identification number for any vessel they build.
D.
Vessels built before November, 1972 are exempt from the requirements of this regulation.

Chapter 04. Operation of Boats

Repealed

Chapter 05. Personal Watercraft

Recodified to COMAR 08.18.02

Chapter 06. Marine Gathering Permits

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Marina” means a facility for the mooring, docking, or storing of more than ten vessels on tidal navigable waters, including a commercial, noncommercial, or community facility.
(2)
Marine Gathering.
(a)
“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.
(b)
“Marine gathering” does not include:
(i)
A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;
(ii)
A docking competition; or
(iii)
Vessels docked or moored at a marina.
(3)
“Permit” means a marine gathering permit issued in accordance with this chapter.

Regulation .02 Marine Gathering Permit.Copy Citation

A.
Permit Required.
(1)
Except as provided in §A(2) of this regulation, an individual shall obtain a permit from the Natural Resources Police prior to sponsoring or holding a marine gathering.
(2)
A permit is not required if the marine gathering will last less than 3 hours.
B.
Permit Application. Prior to sponsoring or holding a marine gathering, an individual shall:
(1)
Apply for a permit by submitting a completed application on a form provided by the Department; and
(2)
Submit a nonrefundable application fee of $100.
C.
Timing of Application. An application for a permit shall be submitted to the Department not later than 45 days before the event.
D.
Possession of Permit. A permit holder shall have the permit in possession for the duration of the event.

Chapter 07. Boating Accidents

Regulation .01 Report of Boating Accidents.Copy Citation

A.
If a person dies or disappears from a vessel as a result of an occurrence that involves a vessel or its equipment on the waters of the State, the operator without delay, shall notify the Department by the quickest means available of the following facts:
(1)
The date, time, and exact location of the occurrence;
(2)
The name of each person who died or disappeared;
(3)
The number and name of the vessel; and
(4)
The names and addresses of the owner and operator.
B.
If the operator cannot give the notice required by §A, above, each person on board shall notify the Department or shall determine that notice has been given.
C.
The operator shall submit a written report if any one or more of the following occurs on board, or involving any vessel, except a vessel required to have a certificate of inspection under Chapter 1 of Title 46, Code of Federal Regulations.
(1)
The death of any person from whatever cause;
(2)
The disappearance of any person from on board under circumstances which suggest any possibility of his death or injury;
(3)
The injury of any person sufficient to require medical attention or if a person loses consciousness or is disabled for more than 24 hours; and
(4)
The loss or damage to property of any kind, including one or more vessels, in an amount of $2,000 or more.
D.
If the operator of the vessel cannot submit the written report, the owner shall submit it. If the owner cannot submit the written report, then each person on board at the time of the accident or casualty shall submit a written report to the Department or determine that a written report has been made.
E.
If death is the result from a boating accident or if a person loses consciousness or is disabled for more than 24 hours, the written report shall be submitted to the Department within 48 hours. For every other reportable boating accident, a written report shall be submitted within 5 days.
F.
The written report shall be dated upon completion, signed by the person who prepared it, and contain, if available, at least the following information about the casualty or accident:
(1)
The numbers and names of each vessel involved;
(2)
The name and address of each owner of each vessel involved;
(3)
The name of the nearest city or town, the county, the state, and the body of water;
(4)
The time and date the casualty or accident occurred;
(5)
The location on the water;
(6)
The visibility, weather, and water conditions;
(7)
The estimated air and water temperatures;
(8)
The name, address, age or date of birth, telephone number, vessel operating experience, and boating safety training of the operator making the report;
(9)
The name and address of each operator of each vessel involved;
(10)
The number of persons on board or towed on skis by each vessel;
(11)
The name, address, and date of birth of each person injured or killed;
(12)
The cause of each death;
(13)
Weather forecasts available to, and weather reports used by, the operator before and during the use of the vessel;
(14)
The name and address of each owner of property involved;
(15)
The availability and use of personal flotation devices;
(16)
The type and amount of each fire extinguisher used;
(17)
The nature and extent of each injury;
(18)
A description of all property damage and vessel damage with an estimate of the cost of all repairs;
(19)
A description of each equipment failure that caused or contributed to the cause of the casualty;
(20)
A description of the vessel casualty or accident;
(21)
The type of vessel operation (Cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, explosion, or other);
(22)
The opinion of the person making the report as to the cause of the casualty;
(23)
The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), and year built (model year) of the reporting operator's vessel;
(24)
The name, address, and telephone number of each witness;
(25)
The manufacturer's hull identification number, if any, of the reporting operator's vessel;
(26)
The name, address, and telephone number of the person submitting the report.

Chapter 08. Livery Vessel Operation

Regulation .01 Livery Vessel Operation.Copy Citation

A.
A livery vessel owner or his agent or employee may not permit any vessel to depart from his premises unless equipped, either by the livery owner or the person renting the vessel, with the lifesaving and safety equipment required by the Natural Resources Article and regulations adopted subsequent to it.
B.
Record.
(1)
Livery vessel owners shall keep a record of each vessel rented. The record shall show the:
(a)
Maryland number of the vessel and horsepower of motor;
(b)
Name and address of the person or persons operating or riding on the vessel at the time of departure;
(c)
Name and phone number of an emergency contact person not on board at the time of departure;
(d)
Date and time of departure and expected time of return; and
(e)
Lifesaving and safety equipment on board, and by whom furnished.
(2)
This record shall be preserved for at least 30 days and be made available to enforcement officers upon request.
C.
A livery vessel owner or his agent or employee may not rent or lease a vessel to an operator born after July 1, 1972, unless that operator possesses a boating safety certificate as required in Natural Resources Article, §8-712.2, Annotated Code of Maryland.

Regulation .02 Personal Watercraft Livery Operation.Copy Citation

A.
In addition to Regulation .01 of this chapter, a personal watercraft livery owner shall:
(1)
Prominently display the personal watercraft regulations in COMAR 08.18.02;
(2)
Advise renters or operators to read COMAR 08.18.02;
(3)
Within 30 days of the effective date of COMAR 08.18.02, add to the rental contract a statement that the renter or operator has read and understands the personal watercraft regulations; and
(4)
Retain the statement signed by the renter and rider for at least 30 days and make it available to the Department upon request.
B.
A personal watercraft livery owner, livery owner's agent, or employee may not lease or rent a personal watercraft unless the renter is 16 years old or older and, if born after July 1, 1972, possesses a boating safety certificate as required in Natural Resources Article, §8-712.2, Annotated Code of Maryland.
C.
An operator of a personal watercraft rented from a livery owner is exempt from the requirements of Natural Resources Article, §8-712.2, Annotated Code of Maryland, if the livery owner has entered into a valid agreement with the Department.
D.
In order to comply with the agreement in §C of this regulation, the livery owner shall:
(1)
Provide boating education materials to all operators of personal watercraft;
(2)
Administer a written test to each operator of a personal watercraft;
(3)
Require a minimum score on the test of 90 percent; and
(4)
Provide guides certified by the Department to oversee the operators of personal watercraft in those waters of the State determined by the Department as necessitating the use of guides for the safety of the public.

Regulation .03 JetPack Livery Operations.Copy Citation

A.
In addition to Regulation .01 of this chapter, a JetPack Vessel livery owner shall:
(1)
Prominently display the jetpack vessel regulations in COMAR 08.18.40;
(2)
Advise renters and riders to read COMAR 08.18.40 as applicable;
(3)
Within 30 days of the effective date of COMAR 08.18.40, add to the rental contract a statement that the renter and rider have read and understand the jetpack vessel regulations; and
(4)
Retain the statement signed by the renter and rider for at least 30 days and make it available to the Department upon request.
B.
A jetpack vessel livery owner, livery owner's agent, or employee may not permit any jetpack vessel to depart from the owner’s premises unless the operator is an agent or employee of the owner that is trained and certified in the operation of jetpack vessels.
C.
The jetpack vessel livery owner, livery owner’s agent, or employee shall operate the jetpack vessel for all rentals.
D.
A jetpack vessel livery owner, livery owner’s agent, or employee that operates a jetpack vessel on tidal and navigable waters subject to the jurisdiction of the United States Coast Guard shall possess a valid United States Coast Guard license for the operation of an uninspected passenger vessel as defined in 46 U.S.C. §2101(42)(B).
E.
A jetpack vessel livery owner, livery owner's agent, or employee may not lease or rent a jetpack vessel unless the rider is 14 years old or older.
F.
A jetpack vessel livery owner, livery owner’s agent, or employee may not operate or give permission to operate a jetpack vessel on the waters of the State unless the rescue vessel used in livery operations has an international orange flag 12 inches x 12 inches in size mounted on a pole that is 24 inches above the water. The flag must be visible, and remain visible, until the rider is safely secured on the rescue vessel and out of the jet propelled device.
G.
A jetpack vessel livery owner, livery owner's agent, or employee may not operate or give permission to operate a jetpack vessel on the waters of the State unless the rider is trained in the proper use of the jetpack vessel by the manufacturer of the vessel or its authorized representative.
H.
A jetpack vessel livery owner, livery owner's agent, or employee may not operate or give permission to operate a jetpack vessel on the waters of the State in Navigational channels, (federal or State) marked or unmarked channels.
I.
Initiation of Operation.
(1)
A jetpack vessel livery owner, livery owner’s agent, or employee may initiate operation of the jetpack vessel in an area of water with a depth of no less than 4 feet.
(2)
After operation has been initiated, the operator shall move to an area of water with a depth of no less than 6 feet.
J.
All jetpack vessel livery observers shall possess a valid First Aid and CPR Certificate.

Regulation .04 Prohibited Areas.Copy Citation

A.
Personal watercraft (PWC) and jetpack vessels owned or leased by a livery vessel owner operating in Worcester County may not operate:
(1)
In the Atlantic Ocean and the Ocean City Inlet at any time. All of the waters east of a line beginning at a point at the west end of the Second Street seawall, at or near Lat. 38° 19.572'N., Long. 75° 5.473' W., then running 230° (True) to a point on the shore of Assateague Island, at or near Lat. 38° 19.445'N., Long. 75° 5.668' W.
(2)
At any time in the following areas:
(a)
Herring and Turville Creeks. All of the waters of Herring and Turville Creeks west of a line beginning at a point on the south shore of an unnamed gut, at or near Lat. 38° 21.711' N., Long. 75° 7.072' W., then running 26° (True) to a point on the north shore of the gut, at or near Lat. 38° 21.745' N., Long. 75° 7.051' W.; and south of a line beginning at a point on the east shore of Herring Creek, at or near Lat. 38° 21.964' N., Long. 75° 7.251' W., then running 272° (True) to a point on the west shore of Herring Creek, at or near Lat. 38° 21.971' N., Long. 75° 7.609' W.
(b)
Manklin Creek and St. Martin River. All of the waters of Manklin Creek and St. Martin River west of a line beginning at a point on the south shore of Manklin Creek, at or near Lat. 38° 22.401' N., Long. 75° 7.481' W., then running 10° (True) to a point at the eastern corner of a bulkhead, at or near Lat. 38° 22.738' N., Long. 75° 7.406' W., then running 34° (True) to a point on the shore on the southwest side of Isle of Wight, at or near Lat. 38° 23.392' N., Long. 75° 6.838' W.
B.
A person who violates any provision of this regulation is subject to the penalties and fines of Natural Resources Article, §8-2001, Annotated Code of Maryland.

Chapter 09. Boat Dealer License

Regulation .01 Boat Dealer License.Copy Citation

A.
License Application.
(1)
A manufacturer or dealer may not conduct business in the State unless licensed as a Maryland boat dealer.
(2)
A dealer with multiple locations in the State must secure a separate license for each location where sales activities take place.
(3)
The annual license fee is $50.
(4)
Applicant shall provide the information required by Natural Resources Article, §8-710(c), Annotated Code of Maryland.
B.
Cancellation or Denial of License.
(1)
The Department may cancel or refuse to issue a license for any violation of the State Boat Act including any of the following:
(a)
License application contains false or fraudulent information;
(b)
Applicant does not meet or licensee no longer meets the requirements for designation as a Maryland boat dealer;
(c)
Licensee has collected monies on behalf of the State and has failed to forward the monies to the Department within 30 days of sale;
(2)
Before cancelling, revoking, or refusing to renew a license, the Department shall provide a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.
C.
A surety bond or other security approved by the Department shall accompany each application for a boat dealer license or license renewal. The amount of the surety bond or other security shall be as follows:
(1)
$20,000 surety for a newly designated Maryland boat dealer;
(2)
$5,000 surety for gross annual sales of $500,000 or less;
(3)
$10,000 surety for gross annual sales greater than $500,000 but less than $1,000,000;
(4)
$20,000 surety for gross annual sales of $1,000,000 but less than $3,000,000;
(5)
$50,000 surety for gross annual sales of $3,000,000 but less than $5,000,000;
(6)
$100,000 surety for gross annual sales of $5,000,000 but less than $10,000,000;
(7)
$150,000 surety for gross annual sales of $10,000,000 but less than $15,000,000;
(8)
$200,000 surety for gross annual sales of $15,000,000 and greater.
D.
Gross annual sales shall be determined by a review of sales for the twelve months prior to issuance of license renewal application.
E.
Failure to comply with surety requirements can result in disciplinary action, which may include a verbal warning, a warning letter, increased bond requirement, suspension of temporary registration privileges, suspension of dealer license, and criminal charges.

Chapter 10. Certificate of Title

Regulation .01 Titling Documents.Copy Citation

A.
Documents must identify vessel by at least the vessel number or hull identification number.
B.
Required ownership transfer elements are purchaser's name, date of purchase, purchase price, and signature of all owners.
C.
Any alteration or erasure on an original ownership transfer document invalidates the document.
D.
The following documents are required to title a new vessel:
(1)
Original manufacturer's certificate of origin; and
(2)
Original certified bill of sale if any ownership transfer element is missing from the certificate of origin.
E.
The following documents are required to title a used vessel:
(1)
When the vessel was previously titled:
(a)
Original certificate of title assigned to the purchaser;
(b)
Original certified bill of sale if any ownership transfer element is missing on the title; and
(c)
Original evidence that lien has been satisfied, when applicable;
(2)
When the vessel was previously registered in a non-title state:
(a)
Copy of the out-of-state registration card or a true test copy of that state’s official vessel record;
(b)
Original certified bill of sale containing all ownership transfer elements; and
(c)
Original evidence that lien has been satisfied, when applicable; and
(3)
When the vessel was previously federally documented:
(a)
Copy of the last effective federal certificate of documentation;
(b)
Original certified bill of sale;
(c)
USCG abstract of title; and
(d)
Original evidence that ship mortgage has been satisfied, when applicable.

Regulation .02 Taxable Value of Vessels.Copy Citation

A.
Vessel excise tax is levied at the rate of 5 percent of the purchase price of a vessel.
B.
The minimum vessel excise tax is $5.
C.
Purchase price may be reduced by the value of any vessel traded to a licensed dealer as part of the consideration for the sale.
(1)
Trade value shall be documented using the form provided by the Department.
(2)
Value shall be calculated using one of the following methods:
(a)
Average of BUC Book low and high retail;
(b)
NADA average retail;
(c)
80 percent of a survey based on a physical inspection of the vessel occurring within the prior 180 days by a surveyor accredited by the Society of Marine Surveyors Inc. or certified by the National Association of Marine Surveyors Inc.
D.
Vessel excise tax and fees collected by a licensed dealer must be received by the Department within 30 days of sale.
E.
A vessel duly registered in another jurisdiction may use Maryland waters for a cumulative total of 90 days in a calendar year without incurring a vessel excise tax liability. A vessel may remain longer than 90 days without incurring a vessel excise tax liability as long as a greater portion of the year is spent in another single jurisdiction.

Regulation .03 Mechanics Lien Title.Copy Citation

A.
A mechanics lien is created under Commercial Law Article, §16-201 et seq., Annotated Code of Maryland, when:
(1)
The Applicant, with the consent of the owner, has provided services or materials for a vessel;
(2)
Charges are due and unpaid for 30 days; and
(3)
The Applicant has possession of the vessel.
B.
An application for mechanics lien title must include the following:
(1)
Vessel identification;
(2)
Evidence of published notice, with first date of publication at least 14 days prior to sale;
(3)
Evidence of owner and lienholder notification, mailed at least 10 days prior to sale;
(4)
Evidence of indebtedness:
(a)
Owner consent for services provided;
(b)
Invoices dated not later than 30 days prior to sale;
(c)
Invoices and statements with the vessel clearly identified by vessel number or hull identification number; and
(d)
Invoices cannot bill for services provided after the date of owner notification.
(5)
Evidence of sale; and
(6)
Any other documentation required by the Department.
C.
Vessel excise tax shall be assessed on:
(1)
Successful bid when vessel is sold in an arm's-length transaction at auction; or
(2)
Total charges claimed when there are no bidders and applicant is granted a mechanics lien title.
D.
Mechanics lien title will be issued in applicant's name as shown on invoices and statements submitted as evidence of indebtedness.

Regulation .04 Disposal Title.Copy Citation

A.
A lienor under Commercial Law Article, §16-201 et seq., Annotated Code of Maryland, may apply for a title for purposes of disposal. Minimum vessel excise tax of $5 will be assessed.
B.
Lienor must declare and affirm under penalty of perjury that lienor seeks title for purposes of removal and that the vessel will be destroyed within 90 days of issuance of disposal title.
C.
Lienor must provide evidence that vessel has been destroyed.
D.
Lienor accepts responsibility for the difference between the minimum vessel excise tax and tax on the total charges claimed in the mechanics lien transaction should the Department subsequently learn that vessel was not destroyed as required.
E.
Vessel will be identified as “destroyed” in the permanent records of the Department.

Regulation .05 Abandoned Vessel Title.Copy Citation

A.
An application for abandoned vessel title under Natural Resources Article, §8-721 et seq., Annotated Code of Maryland, shall include:
(1)
Vessel identification;
(2)
Evidence of published notice;
(3)
Evidence of owner and lienholder notification; and
(4)
Any other documentation required by the Department.
B.
Vessel excise tax will be assessed on the fair market value of the vessel as shown in a national publication of used vessel values adopted by the Department.
C.
A marina may submit a single abandoned boat application for multiple vessels when;
(1)
The marina was purchased not more than 12 months prior to application;
(2)
Vessels remained on marina property at the time of property transfer without associated ownership and payment records; and
(3)
The contract of sale did not include assumption of accounts receivable.
D.
Vessel excise tax shall be assessed on the fair market value of the vessel as shown in a national publication of used vessel values adopted by the Department.
E.
Valuation may be adjusted at the Department's discretion based on the physical condition of the vessel.

Chapter 11. Waterways Improvement — Dredging

Regulation .01 Waterways Improvement — Dredging.Copy Citation

A.
To establish a waterway improvement district, the governing body shall refer the proposed district to the Department by submitting a written description of the proposed project including drawings or sketches showing the project, spoil area, property owners, public facilities, data justifying the project, and other pertinent information the Department requires.
B.
Upon receipt of the required information, the Department shall review the project and give its recommendations as to the feasibility of the project.
C.
When the applicant has received a report as to the feasibility of the project from the Department, the applicant then shall furnish the following without cost to the State if deemed necessary by the Department:
(1)
All necessary land, easements, and rights-of-way required for construction and subsequent maintenance, including suitable spoil areas;
(2)
A properly executed statement holding the State free from damages that may result from construction of the project;
(3)
An agreement to accomplish alterations and relocations as required in sewer, water supply, drainage, and other facilities.
D.
When the Department has received the items required by this regulation, the project shall be reviewed. If approved, the project will be included in the Department's budget request as required in Natural Resources Article, §8-709, Annotated Code of Maryland.
E.
The costs of surveys and engineering design relating to any project authorized under the provisions of Natural Resources Article, §8-707, Annotated Code of Maryland, shall be included in the overall cost of the project.
F.
The term “access areas” as specified in Natural Resources Article, §8-703(a)(4), Annotated Code of Maryland, shall include, but is not limited to, parcels of land acquired or leased for approved spoil disposal sites to complete any dredging project authorized under the provisions of Natural Resources Article, §§8-705, 8-707(3), and 8-708(a)—(d), Annotated Code of Maryland. If such an acquisition or lease is deemed appropriate by the Department, then the cost of such acquisition or lease shall be included in the overall cost of the project.

Chapter 12. Security Interest Recordation

Regulation .01 Security Interest Recordation.Copy Citation

A.
A secured party shall perfect a security interest in a vessel by submitting the filing fee and completing:
(1)
The spaces provided for security interests in a vessel on the application for Maryland Certificates of Title and Boat Numbers for a vessel required to be numbered and never titled in Maryland;
(2)
The spaces provided for security interests in a vessel on the application for transfer of a Maryland titled vessel; or
(3)
The Security Interest Filing Statement and submitting the Statement, the owner's Certificate of Title, and the appropriate fee.
B.
The Department may record the security interest only if the filing fee is paid.
C.
To record a subsequent security interest in a vessel:
(1)
Second or subsequent secured party shall submit the Security Interest Filing Statement to the first secured party with the appropriate fee.
(2)
First secured party shall transmit the Security Interest Filing Statement and appropriate fee to the Department.
(3)
Department shall deliver the new Security Interest Filing Statement to the first secured party.
(4)
Department shall deliver a validated copy of the Security Interest Filing Statement showing the date of recordation to the second or subsequent secured party.
D.
When a second or subsequent secured party interest is discharged, that party shall forward the original Discharge of Security Interest to the Department and a copy to the first secured party and to the vessel owner.
E.
The Department record shall be available for inspection by the public during normal working hours in the Annapolis office only.

Chapter 13. Mooring Devices

Regulation .01 Statement of Purpose and Requirements.Copy Citation

A.
These regulations are promulgated to establish procedures and criteria for the placement of moorings in the waters of the State in order to prevent the placement and use of moorings from interfering with access to and use of the waters of the State by the general public and in order to protect public safety and welfare, commercial fisheries, and recreational interests in the waters of the State.
B.
Individual mooring buoys in place before the effective date of these regulations shall comply with the general conditions set forth in Regulation .02. Stakes and pilings in place before the effective date of these regulations shall comply with the conditions stated in Regulation .02A and C(2). Individual moorings established after the effective date of these regulations shall comply with the general conditions set forth in Regulation .02, of this chapter.
C.
Group moorings established before the effective date of these regulations shall comply with the conditions set forth in Regulations .02 and .03 within 1 year after the effective date. Group moorings established after the effective date of these regulations shall comply with the conditions set forth in Regulations .02 and .03, of this chapter.

Regulation .02 General Conditions.Copy Citation

A.
Moorings may not be established in the following areas.
(1)
Public shellfish beds;
(2)
Private shellfish beds, unless permission is obtained from the leaseholder;
(3)
Cable crossing areas.
B.
Moorings may not be placed in such a position that the arch of the swing extends into a marked or unmarked channel, including navigational main channels as designated by the U.S. Coast Guard, or in a manner which interferes with the operation of or access through any bridge.
C.
Moorings shall be placed in such a position that:
(1)
The area encompassed by the arc of the swing does not extend more than one-third the open water distance from the mean high water line on one shore to the mean high water line on the opposite shore; and
(2)
The arc of the swing does not impede or obstruct access to the land of any riparian property owner, the access to and proper use of any public access point, or otherwise hinder the orderly access to and use of the waterways by the general public.

Regulation .03 Group Mooring Registration.Copy Citation

A.
A person may not establish a group mooring unless validly registered with the Department or a designated local government authority.
B.
Mooring registration forms are available from the Maryland Department of Natural Resources, 580 Taylor Avenue, Annapolis, Maryland 21401.
C.
Registration for group moorings shall be on a form provided by the Department, and registration shall contain the following information:
(1)
The name of the person applying for the moorings;
(2)
The name, address, and telephone number of an individual responsible for control of the moorings;
(3)
County and name of the body of water where moorings are to be located;
(4)
A copy of a nautical chart or topographic map showing the area in which the moorings are to be placed;
(5)
The type and number of moorings;
(6)
For applications covering ten or more moorings, a map or sketch plan at a scale of 1 inch equals 200 feet, showing how the moorings are to be established, the adjacent shoreline, any structures attached to that shoreline and any existing moorings;
(7)
Any other information requested by the Department.
D.
Group moorings may be established if:
(1)
The moorings meet the general conditions set forth in Regulation .02 of this chapter;
(2)
The applicant demonstrates that the moorings will not interfere with the access of adjacent property owners to their property;
(3)
Access to riparian property in the vicinity of the mooring is available to the applicant;
(4)
On-shore sanitary and solid waste disposal facilities meet all applicable State and local standards;
(5)
The applicant meets any special conditions specified by the Department as needed for the protection of public health, safety, and welfare.
E.
The Department shall be notified of any modification of the original registration due to:
(1)
A change in the location of the moorings;
(2)
A change in the number of moorings established.
F.
Each group mooring registration established under this regulation shall be valid for 3 years. A person may renew an existing group mooring by certifying to the Department that the group moorings have been established and used during the year preceding the renewal, and there is no change in the location or number of moorings. Group moorings established before the effective date of this section shall be renewed within 1 year of the effective date of this section.
G.
The Department shall mail registration renewal forms to each applicant for a validly registered group mooring and the person responsible for control of the moorings at least 60 days before the expiration of the group mooring registration.

Regulation .04 Local Government.Copy Citation

A.
A local government may certify that it will administer its own program, which may encompass all or part of the standards set forth in this regulation, after showing that it has adequate legal authority to impose the conditions set forth in these regulations.
B.
A local government may be exempted from these regulations if it submits a request in writing to the Department of Natural Resources and the Department determines that the exemption will not adversely affect the public safety and welfare. Upon this determination the Department will issue a general permit for the placement of moorings in the waters under the local government's jurisdiction.

Regulation .05 Enforcement.Copy Citation

A.
An owner of a mooring found in violation of these regulations will be held responsible. The violation will be treated as any other violation of the Natural Resources Code and a citation issued.
B.
The enforcement provisions in these regulations may not be exercised until 60 days after the promulgation of these regulations.

Regulation .06 Property Rights.Copy Citation

The placement of a mooring pursuant to these regulations does not create a property right or an exclusive privilege and does not authorize an infringement upon the rights of any riparian property owner.

Chapter 14. Documented Vessels

Regulation .01 Validation Stickers.Copy Citation

A.
In order to use Maryland waters for pleasure, a vessel documented with the U.S. Coast Guard with principal use in Maryland must display validation stickers issued in accordance with the provisions of Natural Resources Article, §8-712.1, Annotated Code of Maryland.
B.
The vessel excise tax is levied at the rate of 5 percent of the purchase price.
C.
Validation stickers expire December 31 of the year following issuance.
D.
The color of the stickers shall represent the year the decals expire, with red for stickers that expire in 2012, followed by blue, international orange, and green, in rotation.
E.
If the validation stickers are defaced, lost, or destroyed, a sworn affidavit to that effect shall be filed within 15 days with the Department by the vessel owner and application made for replacements. A service fee of $1 will be charged for the replacements.

Regulation .02 Exemptions.Copy Citation

A.
The following federally documented vessels may not be regarded as using Maryland waters for pleasure:
(1)
Commercially registered vessels that are:
(a)
For hire with a licensed captain on board;
(b)
Used exclusively by a marine school as a training vessel;
(c)
Used principally in the commercial fisheries of this State; or
(d)
Used exclusively to test marine equipment;
(2)
A vessel used for public service and owned by the United States government, another state, or any political subdivision;
(3)
A federally documented vessel in Maryland for storage, repairs, or resale, and not in use; and
(4)
A federally documented yacht on cruise through Maryland waters, visiting or in a race in Maryland, and which is determined to be used principally in another state.

Chapter 15. Noise Level Limits of Vessels

Recodified to COMAR 08.18.03

Chapter 16. Special Uses Areas

Regulation .01 Controlled Water Ski Areas.Copy Citation

A.
The Department may designate a controlled water ski area within the waters of the State.
B.
The controlled water ski area may contain ski slalom course(s) that must meet the ski slalom requirements set by the American Water Ski Association (AWSA).
C.
Permits and use restrictions:
(1)
A valid U.S. Army Corps permit for the area shall be obtained and be on file with the U.S. Army Corps and Maryland DNR.
(a)
The U.S. Army Corps permit holder shall have the responsibility to mark the course in accordance with their U.S. Army Corps permit.
(b)
The U.S. Army Corps permit holder has the responsibility to maintain U.S. Coast Guard approval for all markings on the course.
(2)
A controlled water ski course may be used for practice. Other uses may require separate approval from the federal, State, or local agencies.
(3)
The course shall only be used as a ski slalom course by vessels which display a DNR Ski Sticker as described in 08.04.16.02.
(4)
A person shall not operate or give permission to operate a vessel for the purpose of towing a water skier on the slalom ski course on Saturdays, Sundays and State Holidays between 12 noon and sunset during the months of June, July or August.
(5)
A person may not place or give permission to place a mooring buoy near the ski slalom course when the arc of the swing is closer than 200 feet to the ski slalom course as approved location in the U.S. Army Corps permit.
(6)
Only vessels displaying the DNR Ski Sticker and actively participating in water skiing on the controlled water ski course may exceed the regulated speed limit for the area.
(7)
A person may not operate or give permission to operate a vessel across or within the permitted course, when the course is in use by a vessel which displays the required sticker and is towing a skier or assisting a fallen skier on the course.
D.
A violation of the U.S. Army Corps permit or these regulations may result in enforcement of speed limit regulations and removal of the course by the State.

Regulation .02 DNR Ski Sticker.Copy Citation

A.
The Department may issue DNR Ski Stickers for qualified controlled ski vessels.
B.
DNR Ski Stickers are valid for the life of the controlled ski vessel as long as the vessel is not sold or modified.
C.
Designated Agents.
(1)
The Secretary of the Department of Natural Resources may designate qualified individuals who may request DNR Ski Stickers.
(2)
Qualified individuals may include DNR staff, Controlled Ski Course Army Corps permit holders, Maryland Water Ski Club members, or other qualified individuals.
(3)
The designee shall be responsible for the completeness and accuracy of the request and shall affix the sticker to the vessel.
D.
A DNR Ski Sticker may be issued to vessels that have previously passed Maryland DNR water ski vessel inspections and are on file with the Department.
E.
Vessel owners may request a DNR Ski Sticker if they have a registered vessel listed below:
F.
The Department may revoke the DNR Ski Sticker for a violation of this regulation.

Regulation .03 Public Bathing Beaches.Copy Citation

A.
Swim Beach Areas may be approved by the Department of Natural Resources only if the area:
(1)
Meets the requirements for Public Bathing Beach areas under COMAR 26.08.09; and
(2)
Is located within an approved Public Bathing Beach area as defined under COMAR 26.08.09.
B.
Approved Swim Beach Areas Rules.
(1)
A person may not operate or give permission to operate a vessel of any kind within a marked Swim Beach Area, except authorized emergency and rescue vessels.
(2)
A person may not place or give permission to place a mooring buoy or other vessel anchoring device inside a marked Swim Beach Area.
(3)
Swim Beach Area Markings.
(a)
The area to be enforced by a Swim Beach shall be marked with U.S. Coast Guard permitted boat exclusion area markers.
(b)
Swim Beach Areas owned or operated by the State or other public entity may be marked by the State.
(c)
Swim Beach Areas operated by other entities may not be marked by the State.