reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-712.3 - Rentals of Livery Vessels

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Livery vessel owner” means a person who engages in whole or in part in the business of renting, leasing, or chartering a Class A vessel for a period of less than 24 hours.
(3)    “Class A vessel” means a motorboat that is less than 16 feet in length as defined by the U.S. Coast Guard in 46 C.F.R. § 24.10–17.
(4)    “Seaworthy condition” means the ability to withstand ordinary stress of wind, waves, and other weather that the vessel might normally be expected to encounter.
(b)    A livery vessel owner or an agent or employee of the livery vessel owner may not rent or offer for rent a Class A vessel to be operated on the waters of the State unless:
(1)    Each vessel is in seaworthy condition and equipped for the waters where the vessel is intended to be used; and
(2)    The livery vessel owner or agent or employee of the livery vessel owner possesses a boating safety certificate approved by the Department.
(c)    A violation of subsection (b) of this section shall be considered a boating safety violation for purposes of § 8-740(a) of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-713.1 - Operating Vessel With Number, Name, or Home Port Concealed

(a)    This section does not supersede § 4-1013(a) and (b) of this article, which provides for the display of an oyster dredge boat identification number.
(b)    A person may not operate knowingly a vessel on the navigable waters of the State while the number, name, or home port designation of the vessel, as assigned or documented by the United States Coast Guard or cleared by the United States Customs Service, is concealed, covered, or defaced.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not less than 1 month and not exceeding 6 months or a fine of not less than $150 and not exceeding $500 or both.
(d)    In addition to the penalties under subsection (c) of this section, the court may order that the vessel be:
(1)    Forfeited to the State; and
(2)    Delivered to the Department for the disposition that is most advantageous to the State in the discretion of the Department.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-714 - Manufacturer's or Dealer's Transfer of Vessel Numbers; Restriction on Use of Manufacturer's or Dealer's Number

(a)    If a licensed dealer or manufacturer owns a vessel mainly used in the dealer’s or manufacturer’s business and held for sale and that otherwise is required to be numbered under this title, the dealer or manufacturer may apply to the Department for the issuance of as many dealer’s or manufacturer’s certificates of number as are required for the normal operation of business and as the Department authorizes. A broker licensed as a dealer may not obtain manufacturer’s or dealer’s certificates.
(b)    Numbers displayed by authority of manufacturer’s or dealer’s certificates of number may be transferred from 1 vessel to another vessel owned by the manufacturer or dealer and may be affixed in a temporary manner. These numbers shall be used only on vessels demonstrated, tested, or owned by the manufacturer or dealer, and these numbers are not valid for use on the vessels when chartered, rented, or leased by the manufacturer or dealer.
(c)    Each application for the manufacturer’s or dealer’s certificates of number shall be on forms the Department approves and be accompanied by a fee of $24. The certificate of number issued under this section is valid for a period not to exceed 2 years and shall expire on December 31 of the calendar year following the year the certificate is issued.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-717 - Certificate of Title -- Duplicate if Original Missing or Damaged

(a)    If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the Department’s records within 30 days shall obtain a duplicate by applying to the Department. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, mutilation, or destruction as the Department requires. Mutilated or illegible certificates shall be returned to the Department with the application for a duplicate.
(b)    The duplicate certificate of title shall be marked plainly “duplicate” across its face, and mailed or delivered to the applicant.
(c)    If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the Department for cancellation.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-718 - Certificate of Title -- Obtaining Manufacturer's or Importer's Certificate of Origin

(a)    In this subtitle, “certificate of origin” means a certification by the manufacturer, on a form the Department approves, that:
(1)    Certifies that the vessel described in the certificate has been transferred to the dealer or other person named and that the transfer of the vessel is in ordinary trade and commerce; and
(2)    Describes the vessel by including:
(i)    Its make, model, length, year, hull identification number, type of vessel, horsepower rating of engine, if any, and the engine number; and
(ii)    Any other information that the Department requires.
(b)    A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer’s or importer’s certificate of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain information the Department requires.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-719 - Certificate of Title -- Dealer's Record of Vessels Bought, Sold, or Transferred

Every dealer shall maintain for 3 years a record of any vessel the dealer bought, sold, exchanged, or received for sale or exchange. This record shall be open to inspection by Department representatives during reasonable business hours.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-720 - Certificate of Title -- Transfer or Repossession of Vessel by Operation of Law

(a)    If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within 30 days after the transferee has acquired the right to possession of the vessel by operation of law, shall mail or deliver to the Department satisfactory proof of the transferee’s ownership as the Department requires, together with his application for a new certificate of title, and the required fee. A title tax is not required on these transactions.
(b)    (1)    The Department may transfer on its records the ownership of a vessel that has been repossessed by a secured party, if the secured party pays the fee required for transfer of a title and submits to the Department a certification that states:
(i)    That the secured party has a security interest in the vessel;
(ii)    That, on the basis of the security agreement or other lawful basis, the secured party has a right to the possession of and title to the vessel;
(iii)    That the secured party has possession of the vessel; and
(iv)    Any other information that the Department requires.
(2)    A secured party that repossesses a vessel is not required to pay the title tax.
(3)    On submission of the certification to it, the Department may issue a new certificate of title if it is satisfied that the secured party is entitled to one.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-721.1 - Removal of Vessel From Marina

(a)    The owner or operator of a marina or the owner’s or operator’s agent may have a vessel removed from the marina by a private person if the vessel has remained on the marina premises without permission for more than 48 hours and the owner, operator, or agent has placed in conspicuous locations signs that:
(1)    State that vessels left at the marina without permission for more than 48 hours are subject to removal at the vessel owner’s expense;
(2)    State the location to which the vessel will be removed;
(3)    State that the vessel owner will be responsible for all costs associated with the removal and storage of the vessel; and
(4)    Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vessel by its owner or the owner’s agent.
(b)    A vessel may not be removed from a marina to a location that is more than 30 miles from the marina.
(c)    The owner or operator of a marina, or the agent of the owner or operator, on finding a vessel left at the marina without permission, shall make a reasonable attempt to notify the vessel owner or the vessel owner’s agent of the intended removal of the vessel before the vessel may be removed under this section.
(d)    A person who removes the vessel from a marina:
(1)    Shall notify the vessel owner or the vessel owner’s agent at the earliest possible time after removing the vessel from the marina, and shall provide the following information:
(i)    A description of the vessel including the vessel’s certificate of boat number;
(ii)    The date and time the vessel was removed;
(iii)    The reason the vessel was removed; and
(iv)    The locations from which and to which the vessel was moved;
(2)    Before removing the vessel, shall have authorization of the marina owner; and
(3)    May not pay any remuneration to the owner of the marina.
(e)    (1)    The person who removes a vessel from a marina shall immediately deliver the vessel directly to a location customarily used by the person.
(2)    The person who exercises control over the vessel at the location to which the vessel is delivered after removal from a marina shall provide the vessel owner or the vessel owner’s agent immediate and continuous opportunity to retake possession of the vessel.
(f)    Any person who removes a vessel from a marina in violation of any provision of this section:
(1)    Shall be liable for actual damages sustained by the vessel owner or the vessel owner’s agent as a result of the violation; and
(2)    Shall be liable to the vessel owner or the vessel owner’s agent for up to triple the amount paid by the owner or the owner’s agent to retake possession of the vessel, as the court may determine.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-723 - State Boat Act Fund

(a)    In this section, “Fund” means the State Boat Act Fund.
(b)    There is a State Boat Act Fund in the Department.
(c)    The Secretary shall administer the Fund.
(d)    (1)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(2)    The Fund shall be invested and reinvested in the same manner as other State funds.
(3)    The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(e)    Unless otherwise provided, the Fund consists of:
(1)    Moneys received from any fee and other revenue the Department collects under authority of this subtitle;
(2)    Moneys appropriated in the State budget to the Fund; and
(3)    Any moneys received and accepted as gifts, contributions, or grants.
(f)    The Department shall use the Fund:
(1)    For the administration of this subtitle;
(2)    To cover the costs of fulfilling the duties and responsibilities of the Department under this title; and
(3)    For administrative costs calculated in accordance with § 1-103(b)(2) of this article.
(g)    Any investment earnings of the Fund shall be credited to the General Fund of the State.
(h)    Within the limits of funds available, the Department may enter into any agreement with the federal government, any municipality or other political subdivision of the State, or any private agency to share the cost of any development, construction, or improvement of waterways or of facilities determined to have beneficial value to the boating public.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-724.1 - Damaging or Interfering With Use of Public Wharf or Landing

A person may not:
(1)    Interfere with the use of a public landing;
(2)    Do anything to destroy the usefulness of the public landing; or
(3)    Damage a wharf or structure erected on the wharf by the State, a county, or a person under a written agreement with a State unit or a county for public benefit.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725 - Waterskiing Restrictions

(a)    This section does not apply to:
(1)    Any performer engaged in a professional exhibition; or
(2)    Any person taking part in:
(i)    An authorized regatta, motorboat race, or other boat race; or
(ii)    Any marine parade, tournament, or exhibition.
(b)    A person may not operate any machinery-propelled vessel for the purpose of towing a person on or attached to water skis, an aquaplane, a parasail, or similar device unless the vessel operator is at least 12 years old and another person, at least 12 years old, is in the vessel to observe the progress of the person being towed. Towing may not occur between sunset and sunrise.
(c)    (1)    In this subsection, “personal flotation device” includes:
(i)    A life jacket;
(ii)    A life vest;
(iii)    A life preserver;
(iv)    A barefoot wet suit; or
(v)    A trick skiing wet suit.
(2)    A person who is in or over the waters of the State and is being towed behind a vessel must wear a personal flotation device.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.1 - Controlled Water Ski Area in Maynadier Creek. [Abrogated]

// EFFECTIVE UNTIL MAY 31, 2023 PER CHAPTER 747 OF 2019 //
(a)    In this section, “controlled water ski area” means an area that:
(1)    Is marked by the Department;
(2)    Encompasses a slalom ski course that is permitted by the U.S. Army Corps of Engineers; and
(3)    Is designed, constructed, and intended for controlled water ski practice.
(b)    This section applies to a controlled water ski area located in Maynadier Creek.
(c)    (1)    Subject to paragraph (2) of this subsection, a person may operate or give permission to operate a vessel for the purpose of towing a water skier in a slalom ski course located in a controlled water ski area only on:
(i)    Mondays and Thursdays between  8:00 a.m. and 6:00 p.m.;
(ii)    Tuesdays and Wednesdays between 8:00 a.m. and sunset;
(iii)    Fridays between 8:00 a.m. and 4:00 p.m.; or
(iv)    Sundays between 8:00 a.m. and noon.
(2)    A person may not operate or give permission to operate a vessel for the purpose of towing a water skier in a slalom ski course located in a controlled water ski area on:
(i)    Saturdays; or
(ii)    State holidays.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.2 - Abandonment of Vessel

(a)    A person may not abandon, as defined in § 8–721 of this subtitle, any vessel upon any waters of the State.
(b)    The last known registered owner shown on the certificate of title issued under § 8–715 of this subtitle shall be considered:
(1)    The prima facie owner of a vessel at the time the vessel was abandoned; and
(2)    The person who abandoned the vessel.
(c)    (1)    Any person who violates any provision of this section is guilty of a misdemeanor. Upon conviction, the person is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months, or both.
(2)    Any person found guilty of a second or subsequent violation of any provision of this section is subject to a fine not exceeding $2,000 or imprisonment not exceeding 1 year, or both.
(3)    Any person who violates any provision of this section is liable to the State for the cost of removal of the vessel.
(4)    The provisions of this section do not apply to a vessel wrecked through an act of God or negligence of a third party.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.3 - Comprehensive Management Plan for Use of Vessels on Severn River

(a)    The Department shall:
(1)    Develop a comprehensive management plan for the use of vessels on the Severn River and its tributaries in accordance with the Administrative Procedure Act under Title 10 of the State Government Article; and
(2)    Implement the comprehensive management plan no later than April 15, 1990.
(b)    The comprehensive management plan for the use of vessels on the Severn River and its tributaries shall include, but not necessarily be limited to:
(1)    Areas designated for specified uses;
(2)    Noise level limits of vessels;
(3)    Maximum speed limits of vessels;
(4)    Other limits that address water surface capacity and the safe operation of vessels so as to maximize the recreational and aesthetic values of the Severn River and its tributaries, consistent with sound environmental practices; and
(5)    A study of seaplane activity on the Severn River and its tributaries.
(c)    This section may not be construed to change the authority previously granted to the Department to adopt regulations concerning the subject matter of this section.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.4 - Speed Limits on Severn River; Penalties

(a)    A person may not operate any vessel on the Severn River from April 15, 1989 to October 15, 1989 in excess of 40 miles per hour during the following days and times:
(1)    A Saturday;
(2)    A Sunday;
(3)    A State holiday; and
(4)    Any other day from sundown to sunrise.
(b)    (1)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(i)    For the first offense, $500; and
(ii)    For the second offense, $1,000 or imprisonment not exceeding 30 days or both.
(2)    Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.
(c)    This section may not be construed to affect the Department’s authority:
(1)    To adopt regulations concerning the subject matter of this section; or
(2)    To set speed limits on creeks, bays, coves, and tributaries of the Severn River.
(d)    The Department shall develop an informational program to assist boaters in complying with the speed limits imposed by this section, including public education, a phase–in period for enforcement, and information to assist boaters in converting tachometer or knot meter readings to speedometer readings in miles per hour.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.5 - Noise Levels for Vessels Operated in Tidal Waters

(a)    The provisions of this section do not apply to persons who regularly catch or harvest seafood for sale while actually engaged in the catching or harvesting of the seafood.
(b)    (1)    Except as provided in subsection (d) of this section, a person may not operate a vessel on the waters of the State so as to exceed a noise level of 90dB(a).
(2)    Noise level limits for waters of the State shall be measured using generally accepted testing procedures imposed by regulations adopted by the Department based on the Marine Environment Sound Level Measurement Procedure, SAE J 2005.
(3)    An owner or lessee of a vessel may not allow the vessel to be operated on waters of the State in violation of paragraph (1) of this subsection.
(c)    A person may not own or operate on any waters of the State any vessel manufactured after January 1, 1990 that is not equipped with a muffler or device or system which muffles or suppresses engine noise in accordance with regulations adopted by the Department.
(d)    The Department may adopt regulations to permit exceptions to this section, including exceptions for:
(1)    Economic hardship;
(2)    Vessels participating or preparing to participate in a U.S. Coast Guard or Department approved race or event;
(3)    The testing, repair, or development of vessel engines conducted by a bona fide engine or boat manufacturer or service person; and
(4)    Vessels belonging to a volunteer fire department, ambulance company, rescue squad company, or advance life support company or a political subdivision.
(e)    In addition to the provisions of subsection (b) of this section, the Department may adopt regulations to enforce this section, including regulations establishing noise limitations.
(f)    (1)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(i)    For the first offense, $500; and
(ii)    For the second offense, $1,000 or imprisonment of 30 days or both.
(2)    Paragraph (1) of this subsection does not limit or supersede any other penalty that may be imposed under this subtitle for a violation of any other law or regulation adopted under this subtitle.
(g)    All regulations adopted by the Department under this section shall be in accordance with the Administrative Procedure Act under Title 10 of the State Government Article.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.6 - Speed Limit on Seneca Creek

(a)    A person may not operate a vessel on Seneca Creek in Montgomery County at a speed in excess of 6 knots.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.7 - Speed Limit on Certain Areas of Monocacy River

(a)    A person may not operate a vessel on the Monocacy River between Starner’s Dam and the upstream island in Carroll and Frederick counties at a speed in excess of 6 knots.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-725.8 - Marine Gatherings

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “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.
(ii)    “Marine gathering” does not include:
1.    A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;
2.    A docking competition; or
3.    Vessels docked or moored at a marina.
(3)    “Permit” means a marine gathering permit issued in accordance with this section.
(b)    A person may not sponsor or hold a marine gathering without obtaining a written permit from the Department.
(c)    (1)    The organizer or sponsor of the marine gathering shall submit a permit application to the Department and pay an application fee established by the Department.
(2)    The application fee may not exceed the cost of processing the permit.
(3)    The Department may not require the application to be submitted more than 45 days before the marine gathering.
(d)    (1)    The Department shall adopt regulations governing the application and issuance of the permit.
(2)    If a permit is needed to ensure public safety, the Department shall issue a permit in accordance with paragraphs (3) and (4) of this subsection.
(3)    The Department may require in the terms of a permit one or more of the following requirements:
(i)    The presence of security officers at the marine gathering;
(ii)    The presence of rescue personnel or lifeguards at the marine gathering;
(iii)    The placement of buoys at the marine gathering; and
(iv)    Limitations on the duration of the marine gathering.
(4)    The Department may:
(i)    Recommend additional actions to an applicant to further safeguard the participants of the marine gathering; but
(ii)    Not require any additional terms or conditions in a permit beyond what may be required under paragraph (3) of this subsection.
(e)    Before issuing a marine gathering permit, the Department shall notify the local law enforcement unit of the county in which the marine gathering will occur and public safety organizations that the Department considers necessary.
(f)    A police officer may terminate and disband a marine gathering:
(1)    Held without the necessary permit; or
(2)    In violation of the terms of a permit.
(g)    (1)    A person who violates this section or a regulation adopted under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)    A person who commits a second or subsequent violation of this section or a regulation adopted under this section is:
(i)    Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000; and
(ii)    Liable to the State for the cost of disbanding the marine gathering.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-726 - Throwing or Dumping Refuse on Waters of State

(a)    A person may not throw, dump, deposit, or cause to be thrown, dumped, or deposited any trash, junk, or other refuse on any waters of the State.
(b)    The operator or owner, if present, of any vessel on which occurs a violation of subsection (a) of this section is liable.
(c)    The Department shall enforce the provisions of this section.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-726.1 - Throwing Certain Waste on Certain Waters of the State

(a)    This section does not:
(1)    Apply to the improvement of harbors; or
(2)    Affect any act of the General Assembly relating to the construction of a wharf or to the rights of a riparian owner.
(b)    Ballast, ashes, filth, earth, oysters, or oyster shells may not be deposited from a vessel to a site:
(1)    In the Chesapeake Bay above Sandy Point;
(2)    In Herring Bay; or
(3)    Below the high water mark in a river, creek, or harbor in the State.
(c)    A person in command or having charge of a vessel that violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $20 and not exceeding $150.
(d)    The Natural Resources Police Force shall enforce this section.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-727 - Enforcement of Subtitle by Officers; Use of Visual or Audible Signals

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Elude” means to evade a police officer’s visual or audible signal to stop by:
(i)    Willfully failing to stop the vessel;
(ii)    Fleeing on foot; or
(iii)    Any other means.
(3)    “Police officer” means an officer who is:
(i)    In uniform, prominently displaying the officer’s badge or other insignia of office; or
(ii)    In a vessel that is appropriately marked as an official law enforcement vessel, whether or not the officer is in uniform.
(4)    “Visual or audible signal” means a warning or command by hand, voice, emergency light, signal device, or siren.
(b)    A Natural Resources police officer or any law enforcement officer enforcing the provisions of this subtitle may stop, board, or inspect any vessel subject to this subtitle.
(c)    (1)    Except as provided in paragraph (2) of this subsection, an individual who is on a vessel may not display or operate a flashing blue light or signal device.
(2)    A police officer who is on a vessel of a county, municipal, State, or federal law enforcement agency may display and operate flashing blue lights or signal devices while responding to or at the scene of an emergency or pursuing a violator or suspected violator of the law.
(d)    On the immediate approach of a law enforcement vessel lawfully using a flashing blue light or signal device, an operator of another vessel, unless otherwise directed by a police officer, shall:
(1)    Yield the right-of-way; and
(2)    Stop the vessel and stay in that position until the law enforcement vessel has passed.
(e)    An operator of a vessel may not elude or attempt to elude a police officer who gives a visual or audible signal to the operator to stop.
(f)    (1)    A person who violates subsection (c) or (d) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
(2)    A person who violates subsection (e) of this section is guilty of a misdemeanor and on conviction:
(i)    For a first offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both; and
(ii)    For a subsequent offense, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 2 years or both.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-727.1 - Use of Flashing Red and Yellow Lights or Signal Devices; Emergency Vessels

(a)    (1)    In this section, “public safety activity” includes:
(i)    Patrolling a marine parade, regatta, or special water celebration;
(ii)    Traffic control;
(iii)    Salvage;
(iv)    Fire fighting;
(v)    Medical assistance;
(vi)    Assisting a disabled vessel; and
(vii)    Search and rescue.
(2)    “Public safety activity” does not include routine towing.
(b)    Except as provided in subsection (c) of this section, an individual who is on a vessel may not display or operate a flashing, alternating red and yellow light or signal device.
(c)    (1)    An individual who is on a vessel engaged in a government sanctioned public safety activity or a commercial vessel performing a public safety activity may display an alternately flashing red and yellow light signal.
(2)    The public safety identification light signal shall be located so that it does not interfere with the visibility of the vessel’s navigation lights.
(3)    The public safety identification light signal may be used only as an identification light signal and does not convey any special privilege to the vessel displaying the light signal.
(4)    An individual on a vessel using the public safety identification light signal during public safety activities shall comply with the Inland Navigation Rules adopted by the United States Coast Guard and may not presume that the light or the activity gives the vessel precedence or right–of–way.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-728 - Security Interest in Vessels -- Exemptions From 8-729 to 8-736 of This Subtitle

Sections 8–729 through 8–736 of this subtitle do not apply to or affect:
(1)    A lien given by statute or rule of law to a supplier of services or materials for the vessel;
(2)    A lien given by statute to the United States, the State, or any political subdivision of the State;
(3)    A security interest in a vessel during any period in which the vessel is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling vessels;
(4)    Any lien arising out of an attachment of a vessel;
(5)    Any security interest claimed on proceeds, as defined in § 9–102(a)(65) of the Commercial Law Article, if the original security interest did not have to be noted on the certificate of title in order to be perfected; or
(6)    Any vessel for which a certificate of title is not required under this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-730 - Security Interest -- Execution of Application; Time When Perfected; Endorsement of Certificate

(a)    The provisions of this section apply if an owner creates a security interest in a vessel.
(b)    The owner immediately shall execute the application in the space provided on the certificate of title or a separate form the Department prescribes, naming the secured party on the certificate of title, showing the name and address of the secured party, the amount of the security interest, and the date of the security agreement, and cause the certificate of title and application to be delivered to the Department.
(c)    At the time of delivery of the documents described in subsection (b) of this section to the Department, the secured party shall pay to the Department a filing fee as required for perfection of the security interest under § 8-729(b) of this subtitle. The security interest is perfected at the time of the delivery and payment.
(d)    Upon receipt of the certificate of title, application, and the required filing fee, the Department shall endorse on the existing certificate of title or on a new certificate, which the Department then issues, the name and address of all secured parties and mail or deliver the certificate of title to the owner of the vessel.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-731 - Security Interest -- Assignability

(a)    A secured party may assign, absolutely or otherwise, all or part of the secured party’s security interest in the vessel to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as secured party until the assignee is named as secured party on the certificate of title.
(b)    The assignee shall deliver to the Department the certificate of title if available and an assignment by the secured party named in the certificate of title in the form the Department may prescribe accompanied by a filing fee as required for perfection of the security interest under § 8-729 (b) of this subtitle. The assignee’s security interest is perfected as of the time of its creation if delivery and payment to the Department are completed within 10 days of the date of its creation; otherwise, the assignee’s security interest is perfected as of the time the assignee delivers the certificate and payment to the Department.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-732 - Security Interest -- Relief Upon Satisfaction

(a)    Upon the satisfaction of a security interest in a vessel, the secured party shall release the security interest in whatever form as may be prescribed by or acceptable to the Department, and within 15 days mail or deliver the signed and dated release of security interest to the owner and a copy of the release to the Department. The Department shall correct its records and, upon request of the owner and the receipt by the Department of the certificate of title with the release of security interest, the Department may issue a new certificate of title to the owner.
(b)    If the Department determines after a hearing and following due notice to all parties interested that an indebtedness does not constitute a security interest, the Department shall release the indebtedness upon the certificate of title or issue a new certificate of title, and mail or deliver the certificate of title to the owner. Any person aggrieved by the decision of the Department may appeal in accordance with the provisions of the Administrative Procedure Act.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-736 - Security Interest -- Forms; Investigations

(a)    The Department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out §§ 8-729 through 8-736 of this subtitle.
(b)    The Department may make necessary investigations to procure information required to carry out §§ 8-729 through 8-736 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-737 - Historical Watercraft Identification Plaque

(a)    A person may obtain a historical watercraft identification plaque from the Department for a boat that is:
(1)    25 years old or older; and
(2)    Powered by the boat’s original type of power plant.
(b)    The fee for a historical watercraft identification plaque is $25. The identification plaque shall be valid for the life of the boat.
(c)    The Department shall issue a historical watercraft identification plaque, of the Department’s own design, to a person who applies to the Department on a form the Department supplies. When prominently displayed on the boat, a historical watercraft identification plaque shall entitle the boat owner to apply to participate in parades, shows, and special displays. The historical watercraft identification plaque may not qualify a boat for general recreational use.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-738.1 - Operating Vessel While Under the Influence of or Impaired by Alcohol And/or Drugs -- Testing Required

(a)    If a person is involved in an accident while operating or attempting to operate a vessel that results in the death of, or a life–threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been operating a vessel or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance, the person shall be required to submit, as directed by the police officer, to a test of:
(1)    The person’s breath to determine alcohol concentration;
(2)    One specimen of the person’s blood to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person’s blood; or
(3)    Both the person’s breath under item (1) of this subsection and one specimen of the person’s blood under item (2) of this subsection.
(b)    If a police officer directs that a person be tested, then the provisions of § 10–304 of the Courts Article apply.
(c)    Any medical personnel who perform any test required by this section are not liable for any civil damages as a result of any act or omission related to the test, not amounting to gross negligence.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-738.2 - Operating Vessel in Reckless or Dangerous Manner

(a)    A person may not:
(1)    Operate a vessel recklessly or in a manner that may endanger another or the property of another on a bay, creek, lake, river, or stream in the State; or
(2)    Come into a wharf or bathing shore recklessly or in a manner that may endanger a person or property.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first conviction, imprisonment not exceeding 30 days or a fine of not less than $25 and not exceeding $200 or both; and
(2)    For a second or subsequent conviction, imprisonment not exceeding 60 days or a fine not exceeding $500 or both.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-739 - Penalties for Violations of 8-712, 8-712.1, 8-712.3, 8-713, 8-716.1 or 8-718

(a)    Any person who violates any provision of § 8-712, § 8-712.1, § 8-712.3, § 8-713, or § 8-718 of this subtitle is guilty of a misdemeanor and on conviction is subject to:
(1)    For a first offense, a fine not exceeding $500; and
(2)    For any subsequent offense that occurs within 2 years of a prior violation, a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.
(b)    Any person who violates § 8-716.1 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years, or both.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-740 - Safety Equipment Violations

(a)    If a person is convicted of 2 boating violations concerning the operation of, or safety equipment on, a vessel within a 2-year period of time, the person is required, as a condition of probation or sentencing, to complete successfully a boating safety education course that is offered or approved by the Department.
(b)    Notwithstanding the provisions of subsection (a) of this section, if a person is convicted of any of the following boating safety violations in the operation of a vessel, the person is required, as a condition of probation or sentencing, to successfully complete a boating safety education course that is offered or approved by the Department:
(1)    Negligent operation;
(2)    Reckless operation; or
(3)    Operating in violation of § 8-738 of this subtitle.
(c)    The requirement to take and successfully complete the boating safety education course under subsections (a) and (b) of this section is in addition to any other punishment that a judge imposes for violation of the boating laws or regulations of the State.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-740.1 - Failure to Possess Ship-to-Shore Communication Device on Certain Vessels

(a)    In this section, “ship-to-shore communication device” means a:
(1)    Ship-to-shore telephone; or
(2)    Another mechanical device that enables the crew and employees on a vessel to establish contact with a person on shore as may be necessary to seek assistance under all reasonable conditions and in an emergency.
(b)    This section does not apply to a vessel in interstate or foreign commerce.
(c)    A person in command or an owner of a vessel may not operate the vessel on the waters of the State while carrying 25 or more paying or guest passengers in addition to the crew and employees unless the vessel is equipped with a ship-to-shore communication device.
(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-742 - Marine Sanitation Survey; Identification of and Adequate Facilities in Sensitive Areas

(a)    Based on criteria including the protection of natural resources, health, and the environment, on or before April 15, 2000, the Department shall:
(1)    Conduct and complete, in accordance with the Federal Water Pollution Control Amendments Act of 1972 (33 U.S.C. § 1251 et seq.) and the Clean Vessel Act of 1992 (P.L. 102–587), a survey of:
(i)    The number, location, and utilization of operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities in the State; and
(ii)    The number of recreational vessels operating in the waters of the State including transient vessels equipped with Type I, Type II, or Type III marine sanitation devices or portable toilets, and the areas of the waters of the State in which those vessels congregate including areas of overnight anchoring and mooring; and
(2)    Identify waters of the State that support living resources that are sensitive to the discharge of sewage from boats, ships, and other vessels, using criteria established under the Federal Water Pollution Control Amendments Act of 1972 and 40 C.F.R. § 140.4.
(b)    On or before April 15, 2001, the Department shall take steps to ensure that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels, as determined under the Federal Water Pollution Control Amendments Act of 1972, are reasonably available for the sensitive areas identified under subsection (a)(2) of this section.
(c)    (1)    The Department shall consult with the Department of the Environment in complying with subsections (a)(2) and (b) of this section.
(2)    The Department shall make recommendations, if appropriate, to the Department of the Environment on any suggested changes to existing water quality standards.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-743 - Personal Flotation Devices

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Child” means an individual who is under the age of 13 years.
(3)    “Personal flotation device” means a Type I, II, III, or V U.S. Coast Guard approved personal flotation device that is:
(i)    The proper size for the child; and
(ii)    In good and serviceable condition.
(4)    (i)    “Vessel” means:
1.    A vessel used for recreational purposes; or
2.    A vessel leased, rented, or chartered for noncommercial use.
(ii)    “Vessel” does not include a vessel carrying passengers for hire under the command of an individual licensed by the U.S. Coast Guard to carry passengers for hire, or a vessel displaying a valid seafood harvester’s license number while engaged in the harvesting of seafood for sale.
(b)    (1)    A person may not operate or permit the operation of a vessel under 21 feet in length while there is present in the vessel a child not wearing a personal flotation device which is securely and properly attached to the child.
(2)    If the child is under the age of 4 years, the personal flotation device shall feature additional safety precautions, as appropriate for an infant, toddler, or young child, so as to:
(i)    Hold the child securely within the personal flotation device, including a strap that is secured between the child’s legs to fasten together the front and back of the personal flotation device;
(ii)    Maintain the buoyancy of the child, including an inflatable headrest or high collar; and
(iii)    Ensure the ready accessibility of the child from the vessel, including a web handle.
(c)    Subsection (b) does not apply to:
(1)    A vessel that is moored or anchored; or
(2)    A child who is below deck or in an enclosed cabin.
2023 Maryland Statutes › Natural Resources › Title 8 - Waters › Subtitle 7 - State Boat Act › Section 8-744 - Insurance Policy or Bond for For-Hire Water Carrier

(a)    In this section, “for–hire water carrier” means a vessel used to accept or solicit passengers for:
(1)    Transportation between points along State waters in exchange for remuneration; and
(2)    Sightseeing and touring in State waters in exchange for remuneration.
(b)    Before the Department registers a for–hire water carrier, the Department shall require the for–hire water carrier to show, to the Department’s satisfaction, that the water carrier holds an insurance policy or a bond in an amount that is required of a motor vehicle carrying the same number of passengers in accordance with COMAR 20.95.01.18.
(c)    The Department may adopt regulations to implement this section.