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§ 8-725.8. Permit requirements for marine gatherings

West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2019 to May 31, 2023

West's Annotated Code of Maryland
Natural Resources
Title 8. Waters (Refs & Annos)
Subtitle 7. State Boat Act (Refs & Annos)
Effective: June 1, 2019 to May 31, 2023
MD Code, Natural Resources, § 8-725.8
Formerly cited as MD NAT RES § 8-725.7
§ 8-725.8. Permit requirements for marine gatherings
<Section effective through June 1, 2023. See, also, section 8-725.7 effective June 1, 2023.>
In general
(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.
Written permit required from Department
(b) A person may not sponsor or hold a marine gathering without obtaining a written permit from the Department.
Application fees
(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.
Regulations relating to the application and issuance of permits
(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.
Notice to local law enforcement and public safety organizations
(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.
Grounds for termination or disbandment of marine gathering
(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.
Fines and penalties
(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.

Credits

Added as Natural Resources § 8-725.7 by Acts 2012, c. 178, § 1, eff. June 1, 2012. Renumbered as Natural Resources § 725.8 by Acts 2019, c. 747, § 1, eff. June 1, 2019.
MD Code, Natural Resources, § 8-725.8, MD NAT RES § 8-725.8
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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