# COMAR Title 08 — Department of Natural Resources ## Subtitle 04 — Boating ### Chapter 08 — Livery Vessel Operation **Authority:** Natural Resources Article, §§8-704, 8-712, and 8-712.2, Annotated Code of Maryland **Administrative History:** Effective date: August 10, 1974 (1:1 Md. R. 23) **Administrative History:** Chapter renumbered effective June 23, 1976 (3:13 Md. R. 721) **Administrative History:** Regulation .01 amended as an emergency provision effective June 27, 2014 (41:15 Md. R. 884); emergency status expired effective December 23, 2014 **Administrative History:** Regulation .01 amended as an emergency provision effective June 12, 2015 (42:14 Md. R. 874); adopted permanently effective October 12, 2015 (42:20 Md. R. 1264) **Administrative History:** Regulation .01C adopted effective October 9, 1995 (22:20 Md. R. 1541) **Administrative History:** Regulation .02 adopted effective February 18, 1991 (18:3 Md. R. 303) **Administrative History:** Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1541); June 16, 1997 (24:12 Md. R. 863) **Administrative History:** Regulation .02 amended as an emergency provision effective June 27, 2014 (41:15 Md. R. 884); emergency status expired effective December 23, 2014 **Administrative History:** Regulation .02 amended as an emergency provision effective June 12, 2015 (42:14 Md. R. 874); adopted permanently effective October 12, 2015 (42:20 Md. R. 1264) **Administrative History:** Regulation .03 adopted as an emergency provision effective June 27, 2014 (41:15 Md. R. 884); emergency status expired effective December 23, 2014 **Administrative History:** Regulation .03 adopted as an emergency provision effective June 12, 2015 (42:14 Md. R. 874); adopted permanently effective October 12, 2015 (42:20 Md. R. 1264) **Administrative History:** Regulation .04 adopted as an emergency provision effective June 27, 2014 (41:15 Md. R. 884); emergency status expired effective December 23, 2014 **Administrative History:** Regulation .04 adopted as an emergency provision effective June 12, 2015 (42:14 Md. R. 874); adopted permanently effective October 12, 2015 (42:20 Md. R. 1264) #### Regulation .01 Livery Vessel Operation. *COMAR 08.04.08.01* 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. *COMAR 08.04.08.02* 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. *COMAR 08.04.08.03* 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. *COMAR 08.04.08.04* 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.