A person may not operate or give permission to operate a vessel during the period April 1 through September 15 in areas established as protective buffers for nesting sites, and feeding areas of birds listed as endangered, threatened, or in need of conservation under COMAR 08.03.08. These areas may change in response to the location of the nesting sites and feeding areas as identified by the Department. This regulation only applies to waters adjacent to lands owned or controlled by the State or federal government which have been restricted from human intrusion. Prohibited areas shall be marked by the Department.