This chapter is applicable to and designed for the protection of Jennings Randolph Lake as a natural resource and to provide a pleasant and safe family-oriented facility for the enjoyment of water-related activities. Jennings Randolph Lake is a U.S. Army Corps of Engineers facility sharing a common boundary with Maryland and West Virginia. The states have been granted concurrent enforcement authority on the project, as to the land and the water areas. The states have agreed to enforce essentially identical boating regulations and to share enforcement responsibilities. A fundamental consideration is preserving an acceptable quality of recreational experience on the Lake while providing for the greatest use consistent with a quality experience and safety for all users. This chapter does not apply to: Upon prior approval of the event by the Lake manager, the following activities: Vessels engaged in a professional exhibition, Regattas, Boat races, Marine parades, and Tournaments or exhibitions; Law enforcement vessels; and U.S. Army Corps of Engineers or its agency vessels. In this chapter, the following terms have the meanings indicated. Terms Defined. “Controlled dangerous substance” means those drugs listed in Criminal Law Article, §5-101, Annotated Code of Maryland. “Diver down” means that a person is engaged in diving in the immediate area. “Lake” means the area of pooled water located on the North Branch Potomac River in Garrett County, Maryland, and Mineral County, West Virginia, formed by the Jennings Randolph Dam. “Lake manager” means the person appointed by the U.S. Army Corps of Engineers and designated as manager or resident engineer of the Lake and the Lake's activities. “Lake project” means the area within the boundaries of the Jennings Randolph Lake project owned and administered by the U.S. Army Corps of Engineers. “Minimum/no wake speed” means idling speed or the slowest possible speed necessary to maintain steerage under prevailing wind and Lake conditions. “Operate” means to navigate or otherwise use a motorboat or vessel. “Personal watercraft” means a Class A vessel that: Has an inboard motor that uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion; Is designed with no open carrying area which would retain water; and Has the probability that the operator and passenger may, in the normal course of use, fall overboard. “SAE” means the Society of Automotive Engineers. “Specialty prop craft” means a vessel less than 16 feet in length similar in appearance and operation to a personal watercraft, with a propeller as the primary source of propulsion. For the purpose of this chapter, a specialty prop craft is considered a personal watercraft. “Steerage” means the minimum rate of motion required for the steerage apparatus of a vessel to have effect. “Vessel” means any type of watercraft, except a seaplane, used or capable of being used as a means of transportation on water or ice. A person operating a vessel on waters of Jennings Randolph Lake shall comply with the Federal Inland Navigation Rules Act of 1980, 33 CFR 84—90. Except where specifically regulated in this chapter, an operator of a vessel on the Lake shall comply with current U.S. Coast Guard regulations including: Safety equipment; Personal flotation devices that are: Type I, II, III, or, when worn, Type V devices, Appropriately sized to fit each person aboard, In serviceable condition, and Readily accessible. A person younger than 15 years old may not operate or be permitted to operate a vessel with propulsion machinery on waters of the Lake, except persons 12 to 15 years old may operate such a vessel if a person 18 years old or older is aboard the vessel. A person may not operate, or give permission to operate, a vessel in a reckless or negligent manner which endangers the life, limb, or property of another. A person operating a vessel may not create a wake or exceed minimum/no wake speed in an area marked by no wake buoys. A person may not operate a vessel: Within 100 feet of a diver down flag; In the restricted area established above the dam, around the intake tower; or In any other restricted area that may be approved by the Department. A person may not place buoys or other markers on waters of the Lake without the prior written permission of the Lake manager. This includes moorings, any type of ski course, or other competitive waterborne activity. Waste Products. Except in containers approved for the collection of these items, a person may not deposit garbage, sewage, waste, food stuff, paper, or any obnoxious material in the waters of the Lake or anywhere on the Lake project. A person may not operate a vessel on the Lake if the vessel is equipped with a marine sanitation device that allows for the external discharge of treated or untreated marine sewage. A person may not operate a recreational vessel with a length in excess of 26 feet as measured using existing Coast Guard standards of measurement. A vessel carrying passengers for hire may not be: Operated without prior written permission from the Lake manager; and More than 50 feet in length. A person may not operate a sea plane or float plane on the Lake without the prior written permission of the Lake manager. A person may not operate, or give permission to operate, a vessel that emits a maximum noise level exceeding 90dB(A). Noise level limits shall be measured using the procedures contained in the marine environment noise level measurement procedure SAE J 2005, as incorporated by reference in COMAR 08.18.03. Mufflers. The exhaust of an inboard internal combustion engine of a vessel operated on the Lake shall be: Equipped with a muffler or system which muffles or suppresses engine noise emitted from the vessel to the established limits in §A of this regulation; and Vented at or below the water line of the vessel. The exhaust system may not be equipped with a muffling device cutout. Except as noted in this chapter, personal watercraft shall comply with the laws and regulations governing Class A vessels as set forth in U.S. Coast Guard regulations. A person may not operate or give permission to operate a personal watercraft for the purpose of towing a person on water skis, aquaplane, or similar device, unless the personal watercraft: Has a capacity of three persons that includes the: Driver, Rear facing observer, who is 12 years old or older, Water skier; and Is specifically designed for water skiing by the manufacturer. A person may not operate or give permission to operate personal watercraft on the lake, unless: Each person on board is wearing a type I, type II, type III, or type V personal flotation device approved by the U.S. Coast Guard; and The watercraft is equipped by the manufacturer with a: Lanyard-type engine cut-off switch, and the lanyard is operational and attached to the: Operator of the watercraft, Operator's clothing, or Personal flotation device worn by the operator; or Self-circling device or engine throttle that has not been altered in a way that would prohibit the self-circling device from operating in its intended manner. A person may not operate a personal watercraft at any time between the hours of sunset and sunrise. A person shall operate a personal watercraft in a reasonable and prudent manner at all times. Maneuvers which endanger life, limb, or property constitute negligent operation of the vessel. A person may not operate or give permission to operate a personal watercraft on the Lake at any time at a speed in excess of 6 knots within 100 feet of: Another vessel; Shore, wharf, pier, piling, bridge structure, or abutment; or A person in the water. A person may not: Operate a vessel while towing a person on water skis, surfboard, or similar device unless: The operator is 12 years old or older, and There is an observer who is 12 years old or older or the vessel is equipped with a wide-angle rear-view mirror; and Engage in water skiing, surf boarding, or similar activity between the hours of sunset and sunrise. A person operating a vessel while towing a person on water skis, aquaplane, or similar device shall keep 100 feet from: The shore, wharf, pier, piling, jetty, bridge structure, abutment, or other fixed structure or obstruction; A person in the water; and Another vessel. The maximum length for a tow rope is 75 feet, except a tow rope of up to 100 feet may be used while towing a barefoot skier. A person may not manipulate water skis, a surfboard, or similar device: In a reckless or negligent manner to endanger the life, limb, or property of others; With an alcohol concentration in the blood of 0.07 of 1 percent or more as determined by analysis of blood or breath; Under the influence of a controlled dangerous substance; or Under the influence of a controlled dangerous substance and alcohol. A person being towed by a vessel shall wear a personal flotation device. For the purpose of this section, a personal flotation device means a: Life jacket; Life vest; Life preserver; Barefoot wet suit; or Trick skiing wet suit. The operator of a sailboard may meet the requirement to carry one life saving device for each person on board by wearing the following equipment so that positive buoyancy is provided to the operator: Neoprene wetsuit or drysuit; Closed-cell foam design padded chest, waist, or seat harness; or Combination of the equipment specified in §A(1) and (2) of this regulation. From October 15 to May 15, inclusive, an operator of a sailboard shall wear a neoprene wetsuit or drysuit which covers the entire torso of the body. Exception. The provisions of this regulation do not apply to professional skin or scuba divers: Engaged in demolition, salvage, construction, rescue, or repair work during the regular course of business; and Who are registered with the Lake manager. Skin and scuba diving is permitted in all areas of the Lake except: Restricted areas which are: Above the dam, and Around the intake tower; Heavily traveled boat lanes; Narrow channels; and Areas where visibility is obscured. Diver Down Flag. A person may not skin or scuba dive in waters of the Lake unless the diving area is marked by one diver down flag displayed at all times while a diver is in the water. Flag Requirements. A flag shall: Have a red field with a diagonal stripe not less than 1-1/2 inches wide running upper left to lower right; Have dimensions not less than 10 inches x 10 inches; Have the top visible at least 3 feet above the surface of the water; Be anchored and affixed to a separate flotation device; Have no attachment to any vessel or navigational device; and Have placement that avoids and does not obstruct boat traffic. A diver shall surface within 100 feet of the diver down flag marking that diver's area. A person born after July 1, 1980, may not operate a vessel that is required to be numbered, without obtaining a certificate of boating safety education from this State or another state by satisfactorily completing a course of instruction in boating safety administered by: The U.S. Coast Guard Auxiliary; The U.S. Power Squadron; The Maryland Department of Natural Resources; The West Virginia Division of Natural Resources; or A person certified to teach the course administered by West Virginia or Maryland Natural Resources Boating Safety Education personnel. A person who is subject to §A of this regulation shall: Possess a certificate of boating safety education when operating a vessel on the Lake; and Show the certificate on demand of a law enforcement officer authorized to enforce the provisions of this chapter. The following persons are exempt from this section: A resident of a state other than Maryland or West Virginia who is visiting the Lake for 60 days or less in a vessel that is numbered in another state if the person: Is 15 years old or older, and Has been issued a boating safety certificate, if required by that state, in accordance with the criteria of the National Association of Boating Law Administrators; A person visiting the Lake for 90 days or less in a vessel from a country other than the United States; or A person who is operating a vessel in connection with commercial purposes. Possession or consumption of a nonprescription controlled dangerous substance anywhere on the Lake project is prohibited. A person may not operate a vessel: With an alcohol concentration in the blood of 0.07 of 1 percent or more, as determined by analysis of blood or breath; or While under the influence of: A controlled dangerous substance, or A combination of a controlled dangerous substance and alcohol. If a law enforcement officer has reasonable cause to believe that a person is violating Regulation .07D(2), (3), or (4), or §B of this regulation, a test of the person's breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of one specimen of the person's blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person's blood. The rules set forth in Courts and Judicial Proceedings Article, §§10-302—10-306, Annotated Code of Maryland, regarding tests of blood and breath apply to prosecutions under this chapter. A person who violates §B of this regulation is guilty of a misdemeanor and upon conviction is subject to the penalties set forth in Natural Resources Article, §8-738(d)(1), Annotated Code of Maryland. A person who violates any other regulation in this chapter, in addition to any other penalty provided by law, is subject to the penalties provided in Natural Resources Article, §8-2001, Annotated Code of Maryland. Natural Resources Article, §§8-703.2 and 8-738, Annotated Code of Maryland Effective date: Regulations .01—.11 adopted as an emergency provision effective May 15, 1997 (24:12 Md. R. 857); emergency status extended at 24:24 Md. R. 1668 and 25:9 Md. R. 676 Regulations .01—.11 adopted effective May 18, 1998 (25:10 Md. R. 746)