VETOES

(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

(3)  THE TESTING, REPAIR, OR DEVELOPMENT OF VESSEL
ENGINES CONDUCTED BY A BONA FIDE ENGINE OR BOAT MANUFACTURER OR
SERVICE PERSON.

(D) (E) IN ADDITION TO THE PROVISIONS OF SUBSECTION (A) (B)
OF THIS SECTION, THE DEPARTMENT MAY ADOPT REGULATIONS TO ENFORCE
THIS SECTION, INCLUDING REGULATIONS ESTABLISHING NOISE
LIMITATIONS.

(E) (F) 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.

(E) (F) (G) (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 $1,000 OR IMPRISONMENT NOT EXCEEDING 30
DAYS OR BOTH $500:

(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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect June 1, 1989 January 1, 1990.

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