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§ 8-725.5. Noise level standards for vessels

West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2019

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 7. State Boat Act (Refs & Annos)
Effective: October 1, 2019
MD Code, Natural Resources, § 8-725.5
Formerly cited as MD NAT RES § 8-725.4
§ 8-725.5. Noise level standards for vessels
Currentness
Application of section
(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.
Noise level standards
(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.
Mufflers, devices to suppress engine noise
(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.
Regulations relating to exceptions
(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.
Regulations relating to enforcement
(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.
Fines and penalties
(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.
Application of Administrative Procedure Act
(g) All regulations adopted by the Department under this section shall be in accordance with the Administrative Procedure Act1 under Title 10 of the State Government Article.

Credits

Added as Natural Resources § 8-725.4 by Acts 1989, c. 720. Amended by Acts 1994, c. 502, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1996, c. 501, § 1, eff. June 1, 1996. Renumbered as Natural Resources § 725.5 by Acts 2019, c. 747, § 1, eff. June 1, 2019. Amended by Acts 2019, c. 599, § 1, eff. Oct. 1, 2019; Acts 2019, c. 600, § 1, eff. Oct. 1, 2019.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Natural Resources, § 8-725.5, MD NAT RES § 8-725.5
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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