Ch. 720                                       LAWS OF MARYLAND

the interpretation of this Act; providing for the effective
date of this Act; and generally relating to maximum noise
levels from vessels while operating on tidal waters of the
State.

BY adding to

Article - Natural   Resources

Section 8-725.2

Annotated Code of  Maryland

(1983 Replacement   Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-725.2.

(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.

(A) (B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) (D) OF
THIS SECTION, A PERSON MAY NOT OPERATE A VESSEL ON THE TIDAL
WATERS OF THE STATE SO AS TO EXCEED A NOISE LEVEL OF 75DB(A),
MEASURED FROM A POINT ON SHORE USING GENERALLY ACCEPTED TESTING
PROCEDURES IMPOSED BY REGULATIONS ADOPTED BY THE DEPARTMENT BASED
ON THE MARINE ENVIRONMENT SOUND LEVEL MEASUREMENT PROCEDURE, SAE
J1970.

(2) AN OWNER OR LESSEE OF A VESSEL MAY NOT ALLOW THE
VESSEL TO BE OPERATED ON THE TIDAL WATERS OF THE STATE IN
VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION.

(B) (C) A PERSON MAY NOT OWN OR OPERATE ON THE TIDAL 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.

(C) (D) THE DEPARTMENT MAY ADOPT REGULATIONS TO PERMIT
EXCEPTIONS TO THIS SECTION, INCLUDING AN EXCEPTION FOR POWER
RACING VESSELS PARTICIPATING IN A U.S. COAST GUARD OR DEPARTMENT
SANCTIONED RACE EXCEPTIONS FOR:

(1) ECONOMIC HARDSHIP;

(2) VESSELS PARTICIPATING OR PREPARING TO PARTICIPATE
IN A U.S. COAST GUARD OR DEPARTMENT APPROVED RACE OR EVENT; AND

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