[From the U.S. Government Printing Office, www.gpo.gov]










     rl-4       SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN
                                       and
                      PLAN DEVELOPMENT FOR THE COASTAL BAYS


     __Q                           Final Report

                                       for

                          Coastal Zone Management Grant
                           October 1991   December 1992




























           GV                                           Prepared Pursuant to
           776                                  Intra-Departmental Agreement
           M3                                 #C283-92-005, 05 NA170ZO497-01
           S69
           1992









                                    NA170ZO497-01


                                       TASK 8







                 SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN
                                        and
                      PLAN DEVELOPMENT FOR THE COASTAL BAYS




                                   Final Report

                                        for

                          Coastal Zone Management Grant
                           October 1991 - December 1992



































                                                        Prepared Pursuant to
                                                Intra-Departmental Agreement
                                              #C283-92-005, 05 NA170ZO497-01




                              US Department of COMM e
                          NOAA Coastal Services Center LibrwW
                               2234 South Hobson Avenue
                               Charleston, SC 29405-2413











                           WORK PRODUCTS 6 ACCOMPLISHMENTS
                  SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN



       1)   Final text of the South River Comprehensive Vessel Management Plan

                       The f inal text was prepared after an extensive public
                       participation process that included the February 26, 1992
                       public hearing, several meetings with citizens and
                       groups, and a lengthy public comment period in which 40
                       letters were submitted for consideration. The plan
                       contains final speed limit regulations and policy
                       recommendations.


       2)   Final speed limit regulations and area designations for the South
            River Comprehensive Vessel Management Plan, COMAR 08.18.25

                       The   final   regulations    are    in   accordance    with
                       recommendations presented in the hearing officer's report
                       for the South River issued May 19, 1992. The regulations
                       became effective June 8, 1992. Changes to the regulations
                       include Almshouse Creek to 6 knots ef f ective at all times
                       for the entire year.


       3)   Hearing Officer's Report for the South River Comprehensive Vessel
            Management Plan

                       The report contains a discussion of issues raised at the
                       February 26, 1992 public hearing and during the comment
                       period, and recommendations based on a review of all
                       information submitted for the record. The hearing officer
                       issued several recommendations related to the speed limit
                       regulations and monitoring of boating activities on the
                       river.



       4)   Buoys and  Signage on the South River

                       25 regulatory buoys and 51 signs were used to mark the
                       South River to inform users of the speed limits and area
                       designations. Buoys are placed in March and April and
                       retrieved in October and November for maintenance. signs
                       remain in place year-round. All regulatory markers are in
                       accordance with the Uni form State Waterway Marking System
                       described in the Code of Federal Regulations.









      5)    The South River Comprehensive Vessel Management Plan brochure and
            poster

                      The brochure includes a description of the plan, the plan
                      goals, a map of the final speed limit regulations, and
                      information on safe and responsible boating. The poster
                      shows a map of the river complete with the final speed
                      limit   regulations   and   definitions   of   the    area
                      designations.

                      The brochure was initially distributed during the 1992
                      boating season to educate and inform the public about the
                      South River Plan. It will also be distributed to marine
                      businesses and community associations throughout the 1993
                      boating season. The poster will be displayed at boat
                      launch sites along the South River in 1993.


      6)    Request for Proposal and Scope of Work for Study of Recreational
            Boating Impacts on Water Quality and Submerged Aquatic Vegetation
            in the South River

                      The proposal and scope of work was prepared in accordance
                      with a recommendation given in the hearing officer's
                      report for the South River to investigate the impacts of
                      recreational boating on submerged aquatic vegetation and
                      water quality.

                      The proposal and scope of work was submitted to the
                      Center for Estuarine and Environmental Studies at the
                      University of Maryland at Horn Point. Work is slated to
                      begin in March of 1993.


      7)    South River Citizen Review Panel

                      As recommended in the plan, a seven-member citizen review
                      panel was established to assess the effectiveness of the
                      South River Plan and speed limit regulations and provide
                      recommendations for potential changes. The panel consists
                      of representatives from the various boating and community
                      interests on the river, i.e. water skiers, sailors,
                      community association members, etc., and is expected to
                      provide input over the next two years.

                      The members are currently reviewing boating data from
                      1992 and will provide a statement of their opinions and
                      recommendations for the 1993 boating season.








                                                                                                                                                                  SPEED LIMITS & AREA DESIGNATIONS                                           SPEED LIMITS & AREA DESIGNATIONS
                                                                                                                                                                                       (Year-Round)                                                 (April 15 through October 15)
                                                                                             S0,Or N't                   RIVE
           z                                                                                                                                                                                                                                        35 Knots Daytime/20 Knots Night time
                                                                                                                                                                                    6 Knots At All Times
                                                                                   Comprehensive vesse"I                                                                                                                                       Area west of the Route 2 Bridge (including Beards
                                                                    41
                                                                                                                                                                                       Boyd Point Cove                                         and Broad Creeks when 6 knot speed limit not in
                                                                                                                                                                                      Cedar Point Cove
                                                                                         Manacement Plan                                                                                                                                       effect) to Upper South River Controlled Ski Area
                                                                                                                                                                                      Gingerville Creek
           X                                                                                                                                                                           Granville Creek
                                                                                                                                                                                                                                                              6 Knots At All Times
                                                                                                                                                                                        Harness Creek
           0                                                                                                                                                                            Lake Hillsmere
                                                                                                                                                                                                                                                         Aberdeen Creek (upper portion)
                                                                                                                                                                              Oyster Creek entrance channel
                             0                                                                                                                                                                                                                                   Almshouse Creek
                                                                                                                                                                                      Pocahantas Creek
                                                           41                                                                                                                                                                                                       Crab Creek
           C*)           z
                                M                                                                          ....                                                                Ramsey Lake Bridge channel
                                                                                                                                                                                                                                                                   Church Creek
                                                                                                                                                                                     Route 2 Bridge area                                                           Duvall Creek
                                                                                                                                                                                      Warehouse Creek                                                               Glebe Creek
                                                                                                                                                                                                                                                              Little Aberdeen Creek
                                                                                                                                                                        6 Knots Sat., Sun. and State Holidays
                                                                                                                                                                                                                                                              Riva Road Bridge area
           M
                                                                                                     ..........
                                                                                                                                                                                         Ramsey Lake
                                                                                                                 4
                                                                                                                                                                                           Selby Bay                                                6 Knots Sat., Sun. and State Holidays


                                                                                                         .............
                                                                                                                                                                          Minimum Wake Area At All Times                                                 Aberdeen Creek (lower portion)
                                                                                                                                                                                                                                                          Beards Creek (lower portion)
           0                                                                                                                                                                    Beards Creek (upper portion)                                                       Brewer Creek
                                                                                                                                   . ..... ......                                      Cherrytree Cove                                                     Broad Creek (upper portion)
                                                                                                                               .....                                                       Flat Creek
                                                                                                                     @i    x                .....                                     Upper South River
                                                                                                                                                                                   (near Route 50 Bridge)

                                                                                                                                                                                                                                                                                               . . ........
                                                                                                                                                                                                                                               . ............
            rn                                                                                                                                                                 RESPONSIBLE BOATERS

                                                                                                   01
            M
            z                                                                                                                                                                                                                                                     ..............
                                                                                                                                                                                                                                                                    ........       ......
         -4                                                                                                                                                         RESPONSIBLE BOATERS ARE PROPERLY TRAINED
                                                                                                                                                                                                                                                               ......                ...... . .

                                                                                                                                                                                                                                                            ..........
                                                                                                                                                                    AND THEIR VESSELS ARE PROPERLY EQUIPPED
                                                                                          +           ... ........
            M                                                                                         ...........
                                                                                                                                                                                                                                               ...........     ......
            0                                                                                                                                                        RESPONSIBLE BOATERS TAKE THE TIME TO BE
         0                                                                                                                                                                                                                                                 ......
                                                                                                                                                                           SAFE PRIOR TO LEAVING THE DOCK                                      ....
         x M

                                                                                                                                                                                                                                               ......                                                 ......
         @A z
                                                                                                                                                                                                                                               .......       ......                    ......
                                                                                                                                                                                                                                               ........                                ...
                                                                                                                                                                                                                                               .......                                 ...
                                                                                                                                                                         RESPONSIBLE BOATERS OPERATE THEIR                                                                                 4
                                                                                                                                                                                                                                               .....                                              ........
                                                                                                                                                                    VESSELS IN A SAFE & CONSCIENTIOUS MANNER

                                                                                                                                                                                                                                               .....                                            .......

                                                                                                                                                                                                                                               ........ ....
                                                                                                                                                                           RESPONSIBLE BOATERS ENSURE THAT
                                                                                                                                                                                                                                                                        N T
                                                                                                                                                                                                                                                                                       ...............
                                                                                                                                                                                                                                                                                                 ...... ........
                                                                                                                                                                                                                                                                                       ..... ... ..... .....
                                                                                                                                                                      MARYLAND'S WATERS ARE PROTECTED FOR
                                                                                                                                                                                                                                                                                           ........... ....
                                                                                                                                                                                   FUTURE GENERATIONS


~0





                     What is a Comprehensive Vessel                                              land waterways. The end result of such a                                           cally designed to increase public safety,
                                  Management Plan                                                review is a comprehensive vessel manage-                                           enhance recreational opportunities and pro-
                          During the past two decades, recre-                                    ment plan.                                                                         tect natural resources, the plan regulations
                 ational use on Maryland's waterways has                                                 The plan provides for the continued                                        include maximum speed limits for daytime
                 increased dramatically. In 1970, there were                                     enjoyment of boating and other water-re-                                           and nighttime operation of boats; minimum
                 68,714 registered and approximately 3,~q0~q00                                       lated activities on Maryland waters for ev-                                        wake speed limits for safety and natural
                 documented vessels in the State. By 1991,                                       eryone.                                                                            resources protection; 6 knot speed limits
                 the count was 180,808 registered and 9,674                                                                                                                         during times of high boat traffic and con-
                 documented boats on Maryland waters, al-                                          South River Comprehensive Vessel                                                 gestion; and a "controlled waters~qk~qi area" for
                 most a threefold increase.                                                                         Management Plan                                                 slalom course water skiing and jumping.
                        In an effort to balance recreational ac-                                        In 1990, in response to public outcry                                            The South River speed limits and use
                 tivities, protect the environment and in-                                       over high vessel speeds, traffic congestion                                        areas are posted on regulatory buoys and
                 crease safety on thewater, the Department of                                    and concern for the environment on the                                             signs. Boaters should be aware of these
                 Natural Resources (DNR), with the assis-                                        South River, the DNR began working with                                            regulatory markerswhich arecolored white,
                 tance of river users and the general public,                                    citizens to develop a South River Compre-                                          black and international orange.
                 reviews boating activities on congested Mary-                                   hensive Vessel Management Plan. Spe~ci~qf~qi-






                                                                                        ROUTE                                                                                       CONTROLLED SKI AREA - A por-
                                                                                                                                                                                    tion of the Upper South River has
                                                                                                                                                          ...........
                                                                                                                                                          .............
                                                                                                                                                          ........~....
                                                                                                                                                                                    been designated as a "controlled
                                                                                                                                                          .~.~1p~~~p~p~p~p~2p~
                                                                                                                                                          ~.~.~~.~.~.~.~.~.~.~..
                                                                                                                                                          .~...........
                                                                                                                                                          ..........
                                                                                                                                                          ~....~.~.~..~.~.~..
                                                                                                                                                                                    ski area." The following provi-
                                                                                                                                                                                    ~s~qions apply to the controlled ski
                                                                                                                                                          ~.~..........~...
                                                                                                                                                          ~..........~...
                                                                                                                                                          ~.~.~.~.~.~.~~..~....
                                                                                                                                                          .~.~.~.~.~.~.~.~.~.
                                                                                                                                                                                    area:
                                                                                           Broad
                                               Flat                                        Creek
                                                                                                                                             .............. ........
                                                                                                                                           .~...           ..........
                                             Creek                                                                                                                                  a) when the permitted slalom
                                                                                                                                                                                    course or ski jump is in use, all
                                                              e                                                                                              . ... .
                                                                                                                                                   ~X
                                                    ra~nvill                                                                                                                            her vessels must operate at a
                                                      reek                                                                                                                          ~ot
                                                                                           ~,~0
                                                                                                                                                          .. ........               minimum wake speed; and
                                                                                                                                          . . . . . . . . . .
                                                                                                                                                          ............
                                                                                                                                                          ..........
                                                                                                                                            . ... ..............
                                  Beards                                          Bo  d    ~P~t                                                                                       b) the placement of mooring buoys
                                  Creek                                             ~8qK~v~e                                    ......               ....      ............
                                                                                                 Ginger~v~ille                                                                        within 200 feet of the permitted
                                                                                                     Creek                                                                          slalom course or ski jump is pro-
                                                              Ced                                   2                                                                               hibited~.
                                                                 Cove                                                    Church
                                                                                                                         Creek



                                                     arehou~se
                                                       Creek
                                                                                                                        Crab
                                                    Almshouse                                                           Creek                                                       MINIMUM WAKE AREA - Areas
                                                        Creek                                                                                                                       on the South River which have
                                                                                                          little Aberdeen Creek                                                     significant natural resources and/
                                          Glebe                                                          We /Melvin ~Pt. Cove)                                                       or are often used for passive rec-
                                          Creek                      Glebe
                                                                       Say                                          Aberdeen                                                        reational activities are regulated
                                                                                                                    Creek
                                                                                                                                                                                    as a "minimum wake area." Mini-
                                                               Brewer                                                                                                               mum wake is defined as the mini-
                                                                C k
                                                                                                                                                                                    mum speed necessary to maintain
                                                                                                                    Harness
                                                   Po~qcahantas                                                       Creek                                                           vessel steerage.
                                                     Creek
                                                              L~qimehouse                              Loden
                                                                   Cove                              Pond
                                                                                                             Lake
                                                                                                        Hil~qls~4qmere
                                                                                                                                                                                                    DAYTIME HOURS
                                                                                                                                                                                                      Sunrise to Sunset
                                                      Selby                                                                Duvall
                                                        B~qa                                                                  Creek
                                                                                                                                          BI kw                                                    NIGHTTIME HOURS
                                                                                                                                 _~32q@~08q@a~qd aln~qut
                                                                                                                                                Creek                                                 Sunset to Sunrise
                                                             ~q...~q.~q.~q.~q.~q.~q.~q.~q.                                            Ch~qerr
                                          Ramse                                                                          Cove
                                            Lake
                                                                    ~q.~qX

                                                                                                                                    Oyster
                                                                                                                                    Creek


                                                                                                                                                                                                                  ~.~.~.~.~q.~.~q.~q.~q.~q.
                                                                                                                                                                                                              ............
                                                                                                                                                                                                      ~72qY~72qo~0qf     ... ~q:~q:~q.~q.
                                                                                                                                                                                                      ~q.~q.~q.~q..~q.~q.~q.~q.~q.~q.~q.~q.~q.~q.
                                                                                                                    Fishing                                                                                                 L E
                                                                                                                    Creek
                                                                                                                                                                                                                                K~64qE;~q.


                                                                                                                                                                                    Realize that your vessel wake may
                                                                                                                                                                                    damage property, cause erosion,
                   SPEED L~32qU~8qA~36qM & AREA DESIGNA~32qIIONS                                                                   S~76qoU~16qth ~04q*~q#~84qVer                                                     and affect the safety of other
                                                                                                                                                                                    boaters. An unexpected boat wake
                                6 Knot Maximum                               MINIMUM WAKE AREA                                                                                      could be a tragedy to a fellow
                                at A~qH Times                                                                         MANAGEMENT P~0qI~q-~0qA~20qN
                   ~F~-~M~.~-~qM~q.~qI~q.    6 Knot Maximum                                                                                                                                      boater or skier.
                                Sat.. Sm.,  ~q8~q, State Holiday~q.                CONT~q'ROLL~qED ~8qM AR~qFA                     State of Maryland
                                35 KNOT DAYTIME,                                                                    Department of Natural Resources
                                20 KNOT N~qlGl~qTr~qnME                                                                   Boating Administration
                                                                                                                                                                                                 ~qR~6q"~qt~qo~qr~q.
                                                                                                                                                                                                 The
                     The facilities and services of the Department of Natural Resources are available to all without regard to race, color, religion,                                            Chesapeake                  Pr~i- on R-~q@ Pa-
                                                             sex, age, national origin, physical or mental disability.
 






                                                                                 Boaters have a long history of helping to protect                      WHAT BIRDS IN THE COASTAL BAYS ARE                                     WHAT SHOULD YOU DO TO PROTECT
                                                                                 Maryland's natural resources. By utilizing marine                      IN NEED OF PROTECTION?                                                 NESTING & FEEDING BIRDS?
                                                                                 sewage pump-out facilities and by avoiding illegal
                                                                                 dumping of plastics and other trash, boaters are                       Of greatest concern in the Coastal Bays are bird                       Lrnited areas in Sinepuxent and isle of Wight Bays
                                                                                 spearheading conservation efforts in the coastal                       species listed as "Endangered% "Threatened" or                         have been closed to boating by the Maryland
                                                                                 waters as well as throughout the State. Once again                     "in Need of Conservation". Species designated as                       Department of Natural Resources (DNR) to pro-
                                                                                                                                                                                = have experienced a sig-                      t
                                                                                 your assistance is needed to improve and protec;                       endangered or threaten                                                 ect.threatened and endangered birds species. The
                                                                                 the environment. As the popularity of boating and                      nificant decline in population and a substantial                       boating closures serve as narrow buffers to impor-
                                                                                 other water-related activities has grown, problems                     habitat loss. Species designated as in need of                         tant nesting and feeding areas. Please refer to the
                                                                                 with the disturbance of wildlife and their habitats                    conservation are limited or declining in Maryland                      map on the reverse side of this brochure which
                                                                                 have become more common.                                               and may become threatened in the foreseeable                           details the closed areas. Closures are in effect only
                         Maryland's                                                                                                                     future. Although boaters should avoid disturbing                       during those critical periods of the year when the
                                                                                 WHAT TYPES OF WILDLIFE ARE BEING                                       all wildlife, o'f particular concern are the following                 birds nest and feed in the Coastal Bays. Boaters
                       Endangered                                                DISTURBED?                                                             birds which are listed as either threatened, endan-                    should look for regulatory buoys and signs desig-
                                                                                                                                                        gered or in need of conservation: Piping Plovers,                      nating areas off limits to boats. These signs and
                                                                                 Threatened/Endangered species and colonial nest-                       Royal Terns, Black Skimmers, Gull-billed Terns                         buoys are colored black, white and international
                                                 ecies                           ing waterbirds such as herons, plovers, terns,                         and Least Terns.                                                       orange. Closure areas correspond to posted areas
                                                                                 gulls, pelicans, ibises, egrets and skimmers are                                                                                              on shore. Boaters should also exercise caution
                                                                                 under increasing pressure from human activity. In                      HOW ARE BOATERS DISTURBING THE                                         when operating in closeproximity to any other bird
                                                                                 Maryland, there are only 100 locations where these                     BIRDS?                                                                 nesting and feeding sites in the Coastal Bays. These
                                                  Need
                                                                                 bi ,ids nest. Typically, they nest in isolated areas on                                                                                       sites are posted, "Bird Nesting Area-Keep Out*.
                                                                                 small islands and beaches. Some of these areas are                     A major threat to these birds in the Coastal Bays is                   Enjoy the birds at a distance. Binoculars are the
                                                                                 also popular with boaters and beachgoers because                       boaters operating and landing their vessels in areas                   best way to observe these birds and other wildlife.
                                                     Your
                                                                                 of the natural beauty of the setting. It is in these                   which serve as critical nesting and feeding habitats.                  The Guide for Cruising Maryland Waters depicts
                                                                                 sensitive areas that conflicts occur.                                  Once in these areas, boaters and beachgoers disturb                    these sites throughout the Coastal Bays. Please do
                                                  Help'                                                                                                 the birds in several ways. Hiking or walking on                        not release pets in areas where birds are located.
                                                                                                                                                        beaches or islands may unintentionally scare birds
                                                                                 WHERE ARE PROBLEMS MOST SEVERE?                                                                           I
                                                                                                                                                        from the nest, leaving the eggs unprotected and                        WELL BOATERS BE ALLOWED ACCESS
                                                                                 In Maryland's Coastal Bays, these problems are                         exposed to predation and the hot sun. Clamming or                      TO ASSATEAGUE ISLAND NATIONAL
                                                                                 especially evident. Although relatively small water                    walking on exposed mudflats may inadvertently                          SEASHORE AND OTHER BAY ISLANDS?
                                                                                 bodies, the Coastal Bays provide recreational op-                      disturb adult birds and chicks when feeding. On
                                                                                 portunities for boaters from throughout the Mid-                       occasion, boaters release pets that enter the bird's                   Yes. However, to conserve Piping Plovers the
                                                                                 Atlantic region. These boaters sail, clam, cruise                      nesting and foraging areas, frequently chasing and                     National Park Service has closed much of the
        ENTERING CLOSED AREAS                                                    and fish the waters of the Coastal Bays and the                        killing chicks.Coupled with loss of habitat and                        northern portion of Assateague Island National
        IS A VIOLATION OF STATE.LAW!                                             Atlantic Ocean. Assateague Island National Sea-                        predation, these actions can so severely stress the                    Seashore to all activities. Narrow boating closures
                                                                                 shore also draws a large number of hikers, beach-                      birds that nesting failure, malnutrition and st4,drva-                 also prohibit vessels from landing on portions of
                                                                                 combers, clammers, surfers, campers and canoe-                         tion can occur.                                                        the National Seashore. Access for boaters and
                Of MAJV1.                                                        ists, who use the surrounding Bay waters.                                                                                                     beachgoers has been provided in other areas. Please
                                STATE OF MARYLAND
                                                                                                                                                                                                                               refer to the map on the reverse side of this brochure
                                DEPARTMENT OF                                                                                                                                                                                  which details those areas. Many unclosed Coastal
                                    NATURAL RESOURCES                                                                                                                                                                          Bay islands are available, however, boaters should
       lao































                                                                                    DEPARTMENT OF NATURAL RESOURCES                                     DEPARTMENT OF NATURAL RESOURCES                                        be aware that some of these islands are under
                                                                                    BOATING ADMINISTRATION                                              RESOURCE CONSERVATION SERVICE                                          private ownership and that permission may be
                                                                                    b8O TAYLOH AVENUE                                                   580 TAYLOR AVENUE                                                      required. Through cooperation and assistance, you
                                                                                    ANNAPOLIS, MARYLAND 21401                                           ANNAPOLIS, MARYLAND 21401                                              can ensure the enjoyment and protection of wildlife
                                                                                    (4 10) 974 2918                                                     (410) 974-2870 NATURAL HERI-EAGE PROGRAM                               for all those who live and recreate on Maryland's
                                                                                                                                                        (410) 827- 8612 NONGAME & URBAN WILDLIFE PROGRAM                       waters.







                       Skimmer -Island
                                                                               LOOK FOR
                                                                               BUOYS & SIGNS
        -'.1 ean City
                          . . . . . . . . . . . . . . .                        WITH THIS SYMBOL






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                R
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                                    . . . . . . . . . . . . . . . . .
                    igable Chan
                                            WEST OCEAN Cl




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                                                                                        OWER



                                            WATER TOWE





              S.E

                    X                     ORT
                                  ...........


                                                Z
                                                                             NOT TO BE USED
                                              A                              FOR NAVIGATION


                 S  UG HAR
                           . . . . . . . . . . . . . . .
                                                               AtANTIC OCEAN


                x", V-.
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                LEGEND                                                                 0
                NAVIGATIONAL AIDS
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                  Lighted Aid
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            3.@ Boater Access Points

           0                                           2                     3                    4                     5


                                                  LATITUDE ANDINAUTICAL rAILES


                      ne facilities and services of the Department of Natural Resources are available to all without regard to race, color religion, sex.
                                                age. national origin, and physical or mental disability.







            PERSONAL WATERCRAFT                                                CHECK LIST
                 QUES710NS &ANSWERS
            What Is Considered A Personal Water-                    You must be 14 years of age or older.              STATE OF MARYLAND
         craft?                                                                                                        DEPARTMENT OF NATURAL RESOURCES
                                                                    No towing of water skiers, aqua-
            1. Motorcraft less than 16'in length.                 planes, or similar devices.
                                                                                                                       PERSONAL
            2. Inboard motor/combustion engine
                                                                M if you were born AFTER July 1, 1972,
         powering a water jet pump.                                                                                    WATERCRAFT
                                                                  you must carry your Boater Safety
            3. Operator/passenger ride on outside,                Education Certificate.                               REGULATIONS
         not inside of vessel.
            4. Operator/passenger may in the                        Each person on watercraft must wear
         normal course of operation fall over-                    an approved Personal Floatation
                                                                  Device.
         board.

            5. Designed with no open load carrying                  You will be operating the craft be-
         area to retain water.                                    tween Sunrise and Sunset.
            Can I TOW another person on water skis                  Is your craft equipped with an operat-
         behind my Personal Watercraft?
                                                                  Ing self-circling or lanyard engine cut-
            No.                                                   off, and are you using it.
            Should I thouroughly study & under-                 El In Maryland Atlantic Ocean waters
         stand these regulations before operation?                you are not operating within 300 feet of
            Yes.                                                  people or surf fishing activities, or at a
                                                                  speed greater than 6 knots when ap-
                                                                  proaching within 100 feet of vessels,
                                                                  wharfs, jetties, or piers.
                                                                D In other Maryland waters you are not
                                                                  operating at a speed greater than 6
                                                                  knots when approaching within 100 feet
                                                                  of a vessel, shore, wharf, pier, piling,
                                                                  bridge structure, abutment, or people in
                                                                  the water.
                          Restoring
                              The                               El You are operating your personal wa-
                         Chesapeake                               tercraft in a responsible and safe man-
                                                                  ner.
                                                                                                                                       STATE OF MARYLAND
                                                                                                                               DEPARTMENT OF NATURAL RESOURCES
         William Donald Schaefer   Torrey C. Brown, M.D.                                                                             BOATING ADMINISTRATION
               Governor                Secretary                                   Printed on Recycled Paper              580 TAYLOR AVENUE, E-4 ANNAPOLIS, MD 21401
            State of Maryland  Department of Natural Resources                                                                              410/974-2918






              PERSONAL WATERCRAFT
              REGULATIONS                                                 Fmrwe@rictions.
     .01 Scope.                                                               A. A person may not lease, hire,    'rent, operate            J. Within the Maryland waters of the Atlantic
                                                                              or give permission to operate a personal                      Ocean, a person may not operate or give
     A. The regulations of this chapter govern the use of                     watercraft unless the operator Is 14 years old                permission to operate a personal watercraft at
     personal watercraft on all waters of the state.                          or older.                                                     any time:
     B. Personal watercraft shall comply with all laws and
     regulations governing Class A vessels, unless otherwise                  B. A person may not operate nor give per-                     (1) Within 300'of people in the water or surf
     noted in these regulations.                                              mission to operate a personal watercraft for                  fisherman; &
                                                                              the purpose of towing a person on water                       (2) At a speed of more than 6 knots when
                                                                              skis, aquaplane, or similar device.                           approaching within 100' of a vessel, wharf,
     .02 Purpose.                                                             C. A personal watercraft operator born after                  pier, or jetty.
     In addition to these regulations, personal watercraft                    July 1, 1972 shall carry a certificate of Boater              K. On Maryland waters other than the Atlantic
     operated on the waters of Deep Creek Lake are                            Safety Education pursuant to Natural Re-                      Ocean, a person may not operate or give
     subject to restrictions under COMAR 08.08.02.01 J.                       sources Article, ï¿½8-712.2, Annotated Code o                   permission to operate a personal watercraft
                                                                              MaNland.                                                      on the waters of the state at any time at a
     .03 Exceptions.                                                          D. A person may not operate or give permls-                   speed in excess of 6 knots when approaching
     This chapter does not apply to:                                          slon to operate personal watercraft on the                    within 1 00'of a vessel, shore, wharf, pier, piling,
     A. Personal watercraft used solely for the purpose of                    waters of the state unless each person on                     bridge structure or abutment, or people in the
     emergency rescue operations & associated training                        board is wearing a Type 1, Type 11, Type III or               water.
     programs;                                                                Type V personal flotation device approved                     L. A person may not operate a personal
     B. The following activities, if approved by the Depart-                  by the United States Coast Guard.                             watercraft in a negligent manner. The
     ment of Natural Resources or the U.S. Coast Guard:                                                                                     following are examples of negligent operation
     (1) Personal watercraft engaged in a professional                        E. A person may not operate or give permis-                   & are not intended to limit the actions which
     exhibition,                                                              sion to operate, a personal watercraft on the                 may constitute negligent operation:
     (2) A regatta,                                                           waters of the state between sunset & sunrise.                 (1) Jumping, or attempting to jump, the wake
     (3) A motorboat race, or other boat race,                                F. A person may not operate or give permis-                   of another vessel, within 100'of the vessel;
     (4) A marine parade,                                                     sion to operate on the waters of the State a                  (2) Following within 100' of a water skier;
     (5) A tournament or exhibition,                                          personal watercraft unless it is equipped with                (3) Weaving through con ested vessel traffic;
                                                                              a self-circling device, or a lanyard-type                     (4) Speeding on restrictegareas; or
     .04 Definitions.                                                         engine cutoff switch.                                         (5) Operating a personal watercraft in a
     A. In this chapter the following terms have the mean-                    G. Notwithstanding therequirements of ï¿½F                      manner that endangers the life, limb, or
     ings indicated.                                                          of this regulation, a person may not operate                  property of a person, including the operator.
     B. Terms Defined:                                                        or give permission to operate on the waters                   M. A personal watercraft livery owner, or the
     (1)'Class A Vessei'means a motorboat less than 16'in                     of the state a specialty prop craft unless it is              livery owner's agent or employee shall:
     length, as defined by the U.S. Coast Guard in 46 CFR                     equipped with a lanyard-type engine cutoff
     24.10-17.                                                                switch.                                                       (1) Prominently display these regulations
     (2) 'Personal Watercraft' means a Class A vessel,                        H. A person may not operate or give permis-                   governing personal watercraft;
     which:                                                                   sion to operate on the waters of the State a                  (2) Advise renters to read the regulations;
     (a) Has an inboard motor which uses an internal                          personal watercraft equipped by the manu-                     (3) Within 30 days of the effective date of
     combustion engine powering a water Jet pump as its                       facturer with a lanyard-type engine cutoff                    these regulations, add to the rental contract a
     primary source of motive propulsion ;                                    switch unless the lanyard is operational &                    statement that the renter or operator has read
     (b) Is designed with the concept that the operator &                     attached to the operator of the personal                      & understands the personal watercraft
     passenger ride on the outside surfaces of the vessel as                  watercraft, the operator's clothing, or a                     regulations. This statement shall be signed by
     opposed to riding inside the vessel;                                     personal flotation device wom by the opera-                   the renter or operator, retained in the flies of
                                                                              tor.                                                          the livery operator for at least 30 clays, & be
     (c) Has the probability that the operator and passen-                                                                                  made available to the Department upon
     ger may, in the normal course of use, fall overboard; &                  1. A person may not operate or give                           request.
     (d) Is designed with no open load carrying area which                    permission to operate on the waters of the
     would retain water.                                                      State a personal watercraft equipped by the
     (3) 'Specialty prop craft' means a vessel less than 16'                  manufacturer with a self-circling device, if the              .06 Designated Areas.
     in length similar in appearance & operation to a                         self-circling device or engine throttle has been              The Department may establish special areas
     personal watercraft but the primary source of propul-                    altered in any way that would prohibit the self-              for the use of pers nal watercraft governed
     sion is a propeller. For the purpose of this chapter, a                  circling device from operating in its intended                by rules & regulatloons particular to that area.
     specialty prop craft shall be considered a personal wa-                  manner.
     tercraft.












                        WORK PRODUCTS & ACCOMPLISHMENTS
            PLAN DEVELOPMENT FOR THE COASTAL BAYS, WORCESTER COUNTY


         Emergency and Proposed Prohibited Areas Regulations f or the Coastal
         Bays, COMAR 08.18.18.05

                    The emergency regulation was promulgated in May 1992 to
                    address immediate concerns relating to the disturbance of
                    threatened and endangered bird species f rom recreational
                    boating activities in critical habitat areas. The
                    emergency regulation expired on September 15, 1992.

                    A permanent boating      regulation    was proposed to
                    permanently protect the birds during their nesting period
                    in Maryland. Companion wildlife regulations prohibit
                    public access to beach and intertidal areas where the
                    birds nest and feed. A public hearing was held on
                    September 30, 1992, and comments were accepted until
                    November 2, 1992. No changes to the proposed regulation
                    are anticipated. The regulation's effective date is April
                    1, 1993.


    2)   Hearing officerls Report for the Prohibited Areas Regulation for
         the Coastal Bays

                    The report contains a discussion of issues raised at the
                    September 30, 1992 public hearing and during the comment
                    period, and recommendations based on a review of all
                    information submitted for the record. No changes to the
                    proposed regulation were recommended.


    3)   Prohibited Areas Brochure and Poster

                    The brochure describes the endangered and threatened bird
                    species, their habitat and the conflicts between the
                    birds and human activities. The brochure and the poster
                    includes a map of the areas around Skimmer Islands and
                    Assateague Island in Isle of Wight and Sinepuxent Bays.

                    The brochure was used to inform and educate the public
                    about the prohibited areas for the 1992 season. The
                    brochure and poster will also be distributed at marinas
                    and boat launch sites throughout the Ocean City area in
                    the Spring of 1993.


    4)   Personal Watercraft Information and Education

                    one of the most common complaints, statewide, is the
                    improper operation of personal watercraft (PWC). In
                    response, during the 1992 boating season, the Boating
                    Administration undertook an aggressive public information
                    and education campaign directed at PWC users and dealers.
                    There was particular emphasis in the Coastal Bays due to










                    the large numbers of PWC used there. All the PWC dealers
                    and rental operations in the ocean City area were
                    personally visited by a BOA staf fperson. Supplies of PWC
                    brochures (attached) and a poster describing PWC rules of
                    operation were distributed.


     5)   Route 50 Bridge Alternate Channel Proposal


                    Options f or an alternate channel under the Route 50
                    Bridge have been evaluated. The purpose of the alternate
                    channel will be to improve public safety by giving
                    smaller boats and PWC another choice in negotiating an
                    area which is often congested and has a very strong
                    current. A meeting with the City Council of the Town of
                    Ocean City is scheduled for February 1993 to discuss this
                    proposal.












                        WORK PRODUCTS    ACCOMPLISHMENTS
            PLAN DEVELOPMENT FOR THE COASTAL BAYS, WORCESTER COUNTY


         Emergency and Proposed Prohibited Areas Regulations for the Coastal
         Bays, COMAR 08.18.18.05

                    The emergency regulation was promulgated in May 1992 to
                    address immediate concerns relating to the disturbance of
                    threatened and endangered bird species from recreational
                    boating activities in critical habitat areas. The
                    emergency regulation expired on September 15, 1992.

                    A permanent boating      regulation was proposed to
                    permanently protect the birds during their nesting period
                    in Maryland. Companion wildlife regulations prohibit
                    public access to beach and intertidal areas where the
                    birds nest and feed. A public hearing was held on
                    September 30, 1992, and comments were accepted until
                    November 2, 1992. No changes to the proposed regulation
                    are anticipated. The regulation's effective date is April
                    1, 1993.


    2)   Hearing Officer's Report for the Prohibited Areas Regulation for
         the Coastal Bays

                    The report contains a discussion of issues raised at the
                    September 30, 1992 public hearing and during the comment
                    period, and recommendations based on a review of all
                    information submitted for the record. No changes to the
                    proposed regulation were recommended.


    3)   Prohibited Areas Brochure and Poster

                    The brochure describes the endangered and threatened bird
                    species, their habitat and the conflicts between the
                    birds and human activities. The brochure @ind the poster
                    includes a map of the areas around Skimmer Islands and
                    Assateague Island in Isle of Wight and Sinepuxent Bays.

                    The brochure was used to inform and educate the public
                    about the prohibited areas for the 1992 season. The
                    brochure and poster will also be distributed at marinas
                    and boat launch sites throughout the Ocean City area in
                    the Spring of 1993.


    4)   Personal Watercraft information and Education

                    One of the most common complaints, statewide, is the
                    improper operation of personal watercraft (PWC) . In
                    response, during the 1992 boating season, the Boating
                    Administration undertook an aggressive public information
                    and education campaign directed at PWC users and dealers.
                    There was particular emphasis in the Coastal Bays due to









                    and rental operations in the ocean City        area   were
                    personally visited by a BOA staffperson. Supplies of PWC
                    brochures (attached) and a poster describing PWC rules of
                    operation were distributed.


         Route 50 Bridge Alternate Channel Proposal


                    options for an alternate channel under the Route 50
                    Bridge have been evaluated. The purpose of the alternate
                    channel will be to improve public safety by giving
                    smaller boats and PWC another choice in negotiating an
                    area which is often congested and has a very strong
                    current. A meeting with the City Council of the Town of
                    Ocean City is scheduled for February 1993 to discuss this
                    proposal.








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                                                         TABLE OF CONTENTS


                  I. THE NEED FOR WATERWAY REGULATION                     ..............................                       1
                          Boat Registration and Usage      .......................................                             1
                          User Conflicts   ................................................                                    2
                          Impacts on Public Safety    ..........................................                               3
                          Impacts on Natural Resources      ......................................                             3
                          Impacts on Recreation    ...........................................                                 4

                  Il. INSTITUTIONAL FRAMEWORK               ......................................                             6
                          Federal Government Role       .........................................                              6
                          State Government Role    ...........................................                                 6
                          Local Government Role       ..........................................                               6
                          Other Entities   ................................................                                    6


                  111. HISTORY OF WATERWAY PLANNING IN MARYLAND                        ......................                  7


                  IV. SOUTH RIVER         .................................................                                    9
                          Boating and Land Use Information      ....................................                           9
                          Aids to Navigation and Marking      .....................................                          10
                          Vessel Homeports     ..............................................                                10
                          Derelict Boat Removal    ...........................................                               10
                          Law Enforcement Statistics     ........................................                            10
                          Natural Resources Features     ........................................                            11
                          Fisheries    ...................................................                                   11
                          Wildlife   ....................................................                                    11
                          Endangered or Threatened Species      ....................................                         12
                          Wetlands     ...................................................                                   12
                          Public Lands    .................................................                                  12
                          Submerged Aquatic Vegetation      ......................................                           12
                          Historic and Archeological Resources     ..................................                        13
                          Public Participation   .............................................                               13
                          User Survey     .................................................                                  13
                          Public Workshop      ..............................................                                14
                          Public Meeting   ...........                                                                       14
                          Boat Act Advisory Committee Meeting        .................................                       15
                          Public Hearing   ................................................                                  15

                  V. ANALYTICAL BASIS & FINDINGS                ....................................                         16
                          Public Safety   .................................................                                  16
                          Natural Resources    ..............................................                                18
                          Disturbance of Wildlife     ..........................................                             19
                          Fisheries    ...................................................                                   19
                          Wildlife   ....................................................                                    19
                          Wildlife Habitat   ...............................................                                 20
                          Water Quality Degradation      ........................................                            20
                          Shoreline Erosion    ..............................................                                21
                          Recreation     ..................................................                                  21








                  South River                                                                                                  i
                  Comprehensive Vessel Management Plan







         VI. MANAGEMENT RECOMMENDATIONS                     .................................                     23
                  Regulatory Changes for South River      ..................................                      23
                          Aberdeen Creek (lower portion)     ................................                     23
                          Aberdeen Creek (upper portion)     ................................                     23
                          Almshouse Creek     .........................................                           23
                          Beards Creek (lower portion)    ..................................                      23
                          Beards Creek (headwaters)     ...................................                       24
                          Blackwalnut Creek     ........................................                          24
                          Boyd Point Cove     .........................................                           24
                          Brewer Creek      ...........................................                           24
                          Broad Creek (lower portion)     ..................................                      24
                          Broad Creek (upper portion)     ..................................                      24
                          Cedar Point Cove    .........................................                           24
                          Cherrytree Cove   ..........................................                            25
                          Church Creek      ...........................................                           25
                          Crab Creek    .............................................                             25
                          Duvall Creek  .............................................                             25
                          Fishing Creek     ...........................................                           25
                          Flat Creek    .............................................                             25
                          Gingerville Creek   .........................................                           25
                          Glebe Bay     .............................................                             26
                          Glebe Creek   ............................................                              26
                          Granville Creek   ..........................................                            26
                          Harness Creek     ...........................................                           26
                          Lake Hillsmere    ..........................................                            26
                          Limehouse Cove    ..........................................                            26
                          Little Aberdeen Creek    ......................................                         26
                          Loden Pond    ............................................                              27
                          Main Channel      ...........................................                           27
                          Oyster Creek  ............................................                              27
                          Pocahantas Creek    .........................................                           27
                          Ramsey Lake   ............................................                              27
                          Riva Road Bridge Area     .....................................                         27
                          Route 2 Bridge Area    .......................................                          28
                          Selby Bay   ..............................................                              28
                          Upper South River    ........................................                           28
                          Warehouse Creek     .........................................                           29
                 Policy Recommendations     ..........................................                            29
                          Marine Sewage Pump-out Facilities     ..............................                    29
                          Boat Access Facilities  ......................................                          29
                          Shoreline Erosion Study   .....................................                         29
                          Non-Structural Shoreline Erosion Control    ..........................                  29
                          Mooring Devices     .........................................                           29
                 Implementation   ................................................                                30
                 Enforcement    .................................................                                 30
                 Monitoring    ..................................................                                 30

        VIII. MAP ATTACHMENTS               ...........................................                           31








        ii                                                                                             South River
                                                                         Comprehensive Vessel Management Plan







                               1. THE NEED FOR WATERWAY REGULATION

                               The use of Maryland's bays, rivers, creeks, lakes and coves continues to grow every year. On
                      weekends and holidays especially, tens of thousands of people retreat to our waterways to recreate and
                      relax. This attraction to our waters is the impetus for the Department of Natural Resources to study and
                      regulate the impacts of recreational uses on Maryland's surface water resources, as mandated by the State
                      Boat Act.


                      Boat Registration and Usage
                               In 1991, the number of registered and
                      documented boats principally using Maryland                         20M
                      waters was 190,182. This represents a dramatic                      190M
                      increase over the previous two decades. Since                       180M
                                                                                          170=
                      1970, the number of registered vessels has                          16WW
                      increased by 162 % from 68,714 to 180,508 (Figure                   150=
                                                                                          14M
                      1). Since 1982, the number of documented boats                      130M
                      has increased by approximately 100% from 4,840                      120000-
                                                                                          110000-
                      to 9,674 (Figure 2).                                                100000-

                                                                                          80000
                                                                                          70000
                                                                                                         , .   I
                         11000                                                            60000
                         1 06M                                                                  71  73   75  77   79  81  83   85  87   89  91
                         100W
                         95W
                         WW                                                            Figure I - Registered vessels in Maryland, 1970 - 1991
                         85W                                                           (DNR Office of Licensing and Watercraft Registration
                         a"
                         75W                                                           Services)
                         7000
                         66W
                         60W                                                                  Of the 190,182 registered and documented
                         sm
                                                                                   vessels, 21,087 or I I % were homeported in Anne
                         45W
                         EOWL,                                     I I --L_L       Arundel County, making it the most populous boating
                               82 83         85 Be 87 88 89 90 91                  area in Maryland. These numbers do not include
                                                                                   non-motorized watercraft such as sailboats, rowboats,
                      Figure 2 - Documented vessels in the State of Maryland,      paddleboats, canoes and sailboards.
                      1982 - 1991. (DNR Office of Licensing and Watercraft
                      Registration Services)                                                  There is a wide diversity of boat types, sizes
                                                                                   and power classes using Maryland's waterways.
                      These boats may include runabouts, skiffs, auxiliary sailboats, cruisers, jonboats, rowboats, personal
                      watercraft, sailboats, performance boats, houseboats and pontoon boats. Boating activities on the
                      waterways also vary and these activities may be classified into seven general categories as used for
                      planning purposes:


                                                   1) High Performance Power Boating;
                                                   2) Cruising;
                                                   3) Water Skiing;
                                                   4) Sailing;
                                                   5) Fishing;
                                                   6) Personal Watercraft Operation; and
                                                   7) Manually Propelled Watercraft.





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                  In the following section are descriptions and general characteristics of each of the seven
         categories:
                  1.  High Performance power boating is typically done in a vessel whose hull and propulsion
                      system are designed to attain high speeds. High performance vessels usually require large
                      open areas of water in order for the boat to achieve peak performance. These boats are
                      capable of reaching very high speeds and are often used for cruising, fishing and racing.
                  2.  Cruising is usually done at speeds much lower than high performance power boating. All
                      forms of watercraft are used for cruising. This activity is primarily concerned with travel
                      from one area to another or the "sight-seeing" opportunities of a trip. Cruising typically
                      involves pre-determined courses and specific travel plans. Cruisers operate in all navigable
                      waters of the State.
                  3.  Water skiing can be divided into two distinct forms: recreational and competitive. Both forms
                      of water skiing typically require vessels which can achieve speeds between 18-32 knots
                      (20-37 mph) and are highly maneuverable. Both forms also require relatively open areas
                      where room to maneuver is available. Ideally, water skiing takes place in protected areas
                      where wave action is reduced and vessel traffic is low. A form of recreational water skiing
                      known as tubing or "boogie boarding" is also growing in popularity on Maryland's
                      waterways.
                  4.  Sailing, unlike power boating, is a slow speed activity. Sailors are typically concerned with
                      the proper operation of their craft and achieving peak wind performance. Sailboats have less
                      maneuverability and are subject to frequent changes in course. Sailboaters generally prefer
                      large open areas and water depth in excess of 6 feet. Sailing may include racing, cruising
                      and sailboarding.
                  5.  Fishing takes place in two forms: sportfishing and commercial fishing. Sportfishing occurs
                      in all waters of the State from various sized vessels. Traditional commercial fishing includes
                      the taking of finfish or shellfish for sale. For planning purposes, commercial fishing may
                      also involve charter boat or "head boat" operation.
                  6.  Personal watercraft (PWC) operation is a relatively new boating phenomenon. PWCs are
                      usually small, highly maneuverable motorized vessels whose operator sits on, rather than in,
                      the craft. PWCs usually use a jet drive for propulsion and may attain speeds of 20-30 knots
                      (22-36 mph). They generally carry only one or two passengers; however, some may carry
                      three persons. These vessels are operable in waters of limited depth.
                  7.  Manually propelled watercraft include canoes, rowboats, rowing shells and kayaks, among
                      others. These activities take place on all waters of the State; however, users typically opt for
                      quiet, less congested waterways. In addition to the recreational boating activities mentioned,
                      thousands of people use the State's waterways to swim, hunt, crab, and bird watch.


         User Conflicts
                  One of the greatest challenges confronting the Department of Natural Resources is providing
         sufficient recreational opportunities for all groups and individuals using Maryland's waterways. With such
         a large number of users on the water at the same time, the amount of usable surface water area per boat
         is significantly reduced, thereby increasing the density of users and forcing non-conforming activities into
         the same space. When this crowding occurs, conflicts may arise.
                  The boating activities mentioned above have distinct operational and spatial requirements which
         tend to differ from one another. For example, a water skier requires uncongested open expanses of water,
         while a cruiser can operate in more congested waters and narrow channels. Take, for instance, a river




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                  in Anne Arundel County on a summer weekday. Typically, few people use the waterways during the
                  week so there is ample room to participate in water skiing, sailing, cruising or wind surfing. However,
                  that same river on a summer weekend may have a tenfold or greater increase in boat density.
                          While on-water conflicts are more prevalent, the most volatile conflict appears to be between
                  waterfront property owners and users of the waterways. Some property owners assert that certain uses
                  such as water skiing, cruising and personal watercraft operations deny them the enjoyment of the
                  waterway due to noise, lack of available water area for more passive uses and unsafe conditions. To help
                  reduce the friction among user groups, the Department of Natural Resources encourages boater education
                  and, where necessary, imposes restrictions which limit vessel speeds, reduce noise and designate special
                  activity areas.

                  Impacts on Public Safety
                          The impacts of recreational boating on public safety commonly occur in areas of high speed
                  activity and heavy vessel traffic; areas where channel obstructions such as bridge pilings and piers limit
                  the boater's line of sight; areas where heavy passive and active uses conflict; or areas where the physical
                  characteristics of the waterway such as depth, width and meander may hinder or confine vessel operation.
                          The Department of Natural Resources typically imposes speed limits in areas where public safety
                  is threatened. The speed limits commonly include a 6 knot maximum for Saturdays, Sundays and State
                  Holidays or a 6 knot maximum at all times. Maximum speed limits on main channels that are heavily
                  congested may also be used. For example, on the Severn River, the Department of Natural Resources
                  adopted a 35 knot maximum daytime speed limit and a 20 knot maximum nighttime speed limit on the
                  main channel. Speed limits may be imposed either year-round or from April 15 through October 15 (peak
                  boating period).
                          Regulations regarding the operation of personal watercraft, water skiing and noise level limits are
                  also in effect. Some of the provisions pertaining to the operation of personal watercraft include: 1)
                  operators must be 14 years old or older; 2) the towing of people is prohibited; and 3) a U.S. Coast Guard
                  approved personal flotation device must be worn at all times. Water skiing is permitted in tidal waters
                  consistent with existing area speed limits and provided that the towing boat remains 100 feet from shore,
                  wharfs, piers, bridge structures or abutments, other boats, and people in the water. The noise level limit
                  for all watercraft operating on Maryland waters, with certain exceptions, is 75 decibels.

                  Impacts on Natural Resources
                          Escalating demand for development of recreational activities in Maryland's coastal areas has
                  placed pressures upon estuarine ecosystems. Much of this pressure comes in the form of additional boat
                  launch ramps, pilings, boats, piers, dredging projects and marinas. Potential impacts to natural resources
                  by recreational boating, as used for planning purposes, may occur in four ways:
                                  1) disturbance of wildlife;
                                  2) disturbance of wildlife habitat;
                                  3) water quality degradation; and
                                  4) shoreline erosion.
                          To protect natural resources that may be harmed by unrestricted vessel traffic, the Department
                  of Natural Resources may designate certain waters as minimum wake areas. Minimum wake refers to
                  the minimum speed necessary to maintain vessel steerage. The Department may also prohibit boat access
                  in areas determined to be highly unsafe or in areas possessing significant natural resource features.
                          To improve the ambient water quality of the Chesapeake Bay and its tributaries, the Department




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          administers a marine sewage grant program whereby public and private marinas are reimbursed up to
          $12,500 for the purchase and the installation of marine sewage pump-out facilities.
                  The protection of public and private properties from the effects of shoreline erosion and the
          education of the public about shoreline erosion, are the responsibilities of the Department's Shore Erosion
          Control Program. The Program provides technical and financial assistance to property owners and local
          jurisdictions. Assistance is given in the form of on-site consultations, and design and construction
          services. Both structural and non-structural erosion control measures are utilized by the Program.

          hnpacts on Recreation
                  As the number of boats on the Chesapeake Bay and its tributaries continues to grow, uses that
          are enjoyed by many are in danger of being lost. Increasing demand on tidal waters by the public has
          caused many quiet, outlying waterways to be congested with boat traffic. The results of this situation may
          range from hazardous safety conditions to a loss of recreational experiences for those on the water.
                  To protect traditional recreational uses, the Department of Natural Resources will implement
          speed limits, register group moorings and designate activity areas for certain uses. The use and specific
          conditions within each of these activity areas may vary depending on the nature and characteristics of
          each region and/or site. For example, on the Severn River the Department of Natural Resources
          established:
                                   1. "Rowing Areas";
                                  2. "Controlled Ski Areas"; and
                                  3. "Designated Beach/Swim Areas".
                 Under Title 08, Subtitle 18, Chapter 24 of the Code of Maryland Regulations (COMAR), there
          are special provisions that apply to vessels operating in each of these areas. Provisions in the rowing areas
          are: 1) a minimum wake speed limit; 2) a person may not place or give permission to place a mooring
          buoy in the rowing area; and 3) a person may not operate or give permission to operate a vessel within
          50 feet of a rowing shell.
                 Similar conditions apply to controlled ski areas: 1) areas must be marked with buoys by the
          Department of Natural Resources; 2) the slalom ski course must be permitted by the United States Army
          Corps of Engineers; 3) vessels using the slalom course must display an inspection decal issued by the
          Department of Natural Resources. A person may not operate or give permission to operate a vessel at
          a speed greater than 6 knots, or tow a person on a ski, aquaplane, or similar device unless that vessel
          displays an inspection decal issued by the Department of Natural Resources; and 4) a person may not
          place or give permission to place a mooring buoy when the arc of the swing is closer than 100 feet to
          the controlled ski course. Please note, these conditions do not necessarily apply to all controlled ski areas
          within the State.
                 To protect swimmers from interference by boats, the following provisions apply to designated
          beach areas: 1) the areas shall be marked by the Department of Natural Resources; 2) a person may not
          operate or give permission to operate a vessel in excess of 6 knots in the designated beach area; and 3)
          a person may not place a mooring buoy or give permission to place a mooring buoy in a designated beach
          area.

















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                         Swim areas approved by the local health department or the Department of Natural Resources may
                 be established in designated beach areas. The following conditions pertain to swim areas: 1) The
                 operation of watercraft is prohibited in designated swim areas; and 2) swim areas shall be marked by the
                 Department of Natural Resources.



























































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                  11. INSTITUTIONAL FRAMEWORK
                  While governmental roles and relationships may be complex and confusing, it is helpful for the public,
         recreational user groups and other organizations to understand the institutional framework involved in the
         development and implementation of a comprehensive vessel management plan. An increased awareness and
         a working knowledge of the process should provide additional opportunities for public input and help to reduce
         tension among user groups.


         Federal Government Role
                  The federal government has a limited role in the implementation of comprehensive vessel management
         plans. The United States Coast Guard is the federal agency designated with responsibility for law enforcement,
         safety and protection of navigable waters. The Coast Guard enforces all federal laws and regulations regarding
         the operation and equipage of boats, and marks all waterways.
                  The United States Army Corps of Engineers is the lead federal agency in the permitting process
         related to dredge and fill operations in waters of the United States. As the lead agency, the Corps is
         responsible for the issuance of a permit as well as the notification and coordination of the review efforts of
         all other participating federal, state, and local agencies and the general public. Federal natural resource
         agencies, such as the United States Fish and Wildlife Service, may also provide important data on a river's
         natural features.


         State Government Role
                  The Maryland Department of Natural Resources is charged with the protection and enhancement
         of the State's waterways. The Boating Administration and the Natural Resources Police are responsible
         for the formation and implementation of comprehensive vessel management plans. The Boating
         Administration develops the plans, drafts all regulations needed to implement the plans and monitors the
         implementation efforts. The Natural Resources Police contributes valuable information used in drafting
         the plans, enforces the regulations, and provides infon-nation about the implementation of the plans.
                  Other divisions of the Department of Natural Resources, such as the Tidewater Administration,
         Water Resources Administration, Wildlife Division, Chesapeake Bay Critical Areas Commission,
         Maryland Geological Survey, Natural Heritage Program, Greenways and Resources Planning, Licensing
         and Watercraft Registration Services; and other state agencies including the Maryland Historical Trust;
         and the Maryland Department of the Environment contribute important data and review the plans.

         Local Government Role
                  The role of local government is to provide information that will be incorporated into the plan and
         used in the decision making process. For example, planning and zoning offices may provide data on
         existing and future land use patterns and historic and archeological resources. Local health departments
         may contribute data on community bathing beaches and water quality.


         Other Entities
                  The Maryland Boat Act Advisory Committee is a 21 member committee appointed by the
         Secretary of the Department of Natural Resources to review and advise the Secretary on all proposed
         waterway regulations which affect the operation and equipage of recreational boating. The committee is
         comprised of officials of representative boating associations, yacht clubs, and local, state or federal
         governments or officials having knowledge or experience with the subject matter of the proposed
         regulations.






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                          III. HISTORY OF WATERWAY PLANNING IN MARYLAND

                          In 1957, the General Assembly enacted the State Boat Act [Section 8-701 et seq, Natural
                  Resources Article, Annotated Code of Maryland in which it clearly enunciated the specific authority of
                  the Department of Natural Resources to enhance the use of Maryland's waterways. The General
                  Assembly stated its mandate in Section 8-702, "It is the intent of this subtitle to foster the development,
                  use and enjoyment of all waters of the State ...... The General Assembly also authorized the Department
                  of Natural Resources to adopt regulations necessary to carry out the provisions of this subtitle [Section
                  8-704(a)]. In addition, the Department of Natural Resources was directed to "...draft regulations
                  governing the operations of any vessels subject to this subtitle so that each vessel complying with the
                  regulations may be operated with equal freedom or under similar requirements on all waters of the State"
                  [Section 8-704 (b-1)].
                          To assist the Department of Natural Resources in establishing a regulatory program to enhance
                  recreational boating, the General Assembly provided that an advisory committee be established comprised
                  of "officials of representative boating associations, yacht clubs" and others from which the Secretary of
                  the Department of Natural Resources "shall solicit the advice and opinions" on "any proposed regulation
                  affecting the equipment or operation of any vessel subject to this subtitle" (Section 8-704(e)]. This
                  advisory committee is known formally as the Maryland Boat Act Advisory Committee (BAAC) and is
                  composed of citizen volunteers who are experienced boaters and who provide expert advice to the
                  Secretary on boating related matters, and who review and provide recommendations on proposed boating
                  regulations.
                          In 1988, the Secretary of the Department of Natural Resources, Dr. Torrey C. Brown, M.D.,
                  with the strong support of the Governor, established the Boating Administration as a new agency within
                  the Department of Natural Resources to consolidate recreational boating related activities.            The
                  establishment of the Boating Administration provided the Department of Natural Resources with the
                  opportunity to more effectively address the mandate of the State Boat Act to foster the development, use
                  and enjoyment of the waters of Maryland. The Boating Administration is comprised of several divisions:
                  the Waterway Improvement Program, which is responsible for dredging and marine construction; the
                  Operations Program, which operates and maintains State marina facilities and State vessels; the Planning
                  and Policy Program, which handles regulations related to recreational boating; and the Shore Erosion
                  Control Program, which addresses the impact of shore erosion on the waters of the State.
                          A substantial source of funding for the Boating Administration and its respective programs comes
                  from boaters. When a boat is purchased in Maryland or used principally in Maryland waters, there is a
                  5 % excise tax levied in lieu of a sales tax. These excise tax funds are directed to the Waterway
                  Improvement Fund and are used to benefit the Maryland boating public. In addition, three-tenths of one
                  percent (0.3%) of the total gasoline tax revenues attributable to boating are credited to the Fund.
                  Therefore, the planning and regulatory programs, as well as the capital construction and operations
                  program of the Boating Administration, are financed from the excise and gasoline tax paid by the boaters
                  themselves.
                          Over the years, planning for safe recreational boating use on Maryland's waterways has consisted
                  primarily of responding to speed limit petitions submitted by citizens. The Administrative Procedures Act
                  of the Annotated Code of Maryland prescribes the Department of Natural Resources' responsibilities
                  regarding the petition process. Individuals desiring a speed limit change in a particular area must submit
                  a speed limit petition complete with names and addresses of 25-50 citizens supporting the proposal. Once
                  submitted, the Boating Administration performs a preliminary survey followed by a summertime field
                  survey. Other Department of Natural Resources agencies such as the Natural Resources Police review
                  the petition and make comments and recommendations. The petition is presented to the BAAC which




                  South River                                                                                                7
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          counsels the Secretary of Natural Resources who makes the final decision for approval or denial of the
          petition. During the past several years, the Boating Administration has received approximately 15-20
          speed limit petitions per year.
                  While the petition process is widely used, it leads to a fragmented management approach. Little
          or no attention is given to the waterway as a complete system. In contrast, a process of comprehensive
          review maintains that a full investigation of all river system features, Le. natural resources, traditional
          uses, etc., be evaluated prior to regulation. In 1989, citizen concern about boat speed, congestion and
          noise on the Severn River prompted the General Assembly to enact a law [Section 8.725.2] that required
          the Department of Natural Resources to develop and implement a management plan for the Severn River
          and its tributaries. The General Assembly intended the Severn River Plan to serve as a model for
          subsequent river management plans. The Boating Administration was charged with the responsibility of
          developing a plan that:
                                   1) increased public safety;
                                  2) protected natural resources; and
                                  3) enhanced recreational opportunities.
                  The Boating Administration designed a planning process that maximized public participation while
          involving private organizations and state and local government agencies. A total of one public hearing
          and five public meetings were held to solicit and address public views. The Severn River Plan became
          effective May 24, 1990, and included maximum daytime and nighttime speed limits for the main stem
          of the river and maximum speed limits for the tributaries. Eight tributaries of the Severn River were
          designated "protected areas" where a minimum wake speed limit protects natural resources and provides
          for the enjoyment of passive recreational uses such as bird watching and canoeing. Areas were also
          designated for rowing and slalom course water skiing so that participants in those recreational activities
          can practice their sports in safety. The mouth of the Severn River, an area of heavy traffic and
          congestion, was also regulated with a lower weekend speed limit.
                  While the Severn River Comprehensive Vessel Management Plan is a model for the South River
          planning process, the Maryland General Assembly clearly indicated that the authority of the Department
          of Natural Resources to adopt regulations concerning boating was in place and the enactment of Chapter
          585 underscores the existence of that authority. It is through this authority, the advice of BAAC and the
          public participation process, that the Boating Administration developed a vessel management plan for the
          South River.






























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                          IV. SOUTH PdVER

                          The following section presents information that was collected by the Boating Administration over
                  the previous two years regarding the South River. The information was used to analyze and develop
                  management recommendations for this plan.

                  Boating and Land Use Information
                          The proximity to Annapolis and the short driving distance from Baltimore and Washington, D.C.
                  distinguishes the South River as one of the most heavily used rivers for recreational boating in Maryland.
                          Between 1990 - 1992, the Boating Administration surveyed the South River to collect information
                  on boating activities and traffic patterns; to count the numbers and types of vessels, piers, and community
                  and commercial facilities; and record physical data such as the depth, width and meander of channels for
                  the tributaries.
                          The South River is approximately 9 nautical miles in length with a depth ranging from 2 feet to
                  24 feet at mean low tide. The river has 25 tributaries which include creeks, bays, coves, lakes and ponds
                  (Map 1). Three other tributaries (Fishing Creek, Oyster Creek and Blackwalnut Creek) located on the
                  Chesapeake Bay north of Thomas Point, are also included within the management plan boundary (Map
                  1).
                          Prior to June 8, 1992, most of the South River's tributaries were regulated with either a 6 knot
                  speed limit for Saturdays, Sundays and State Holidays, year-round or a 6 knot speed limit at all times,
                  year-round. The main stem of the river had no speed limit with the exception of a 6 knot speed limit for
                  Saturdays, Sundays and State Holidays, year-round, around the Route 2 Bridge. The regulated tributaries
                  included (Map 2):
                   6 Knots At All Times                                  6 Knots Sat., Sun. & State Holidays
                   Church Creek                                       Aberdeen Creek                Almshouse Creek
                   Harness Creek                                      Beards Creek                  Beards Creek
                   Lake Hillsmere Channel                             Boyd Point Cove               Broad Creek
                   Pocahantas Creek Channel                           Brewer Creek                  Crab Creek
                   Ramsey Lake Bridge Channel                         Duvall Creek                  Gingerville Creek
                                                                      Glebe Creek                   Granville Creek
                                                                      L. Aberdeen Creek             Pocahantas Creek
                                                                      Ramsey Lake                   Selby Bay
                                                                      Warehouse Creek

                          The primary activities on the river include: cruising, high performance power boating, sailing,
                  water skiing (competitive & recreational), personal watercraft operation, anchoring, fishing, canoeing,
                  bird watching, swimming and crabbing. There are no boat access facilities held in the public domain
                  along the South River. Boat access to the river is provided through commercial marinas, or through
                  private property owners and community associations.
                          Residential development is the primary land use along the South River with pockets of
                  commercial waterfront development near the Route 2 Bridge, Riva Road Bridge and Selby Bay/Ramsey
                  Lake. Many of the residential waterfront communities have private marinas, piers, boat launch ramps
                  and swimming beaches. Community boat slips, boat ramps and swimming beaches number approximately
                  771, 13 and 40, respectively.
                          On the South River there are 20 commercial marinas with approximately 3,125 wet and dry slips,




                  South River                                                                                                9
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         four restaurants and two yacht clubs with approximately 220 slips. Most of the commercial facilities are
         located near the Route 2 Bridge and Selby Bay/Ramsey Lake (Map 3). There are two marine sewage
         pump-out facilities on the South River located at Bayview Marina and Little Island Marina, both on
         Ramsey Lake (Map 3).

         Aids to Navigation and Marking
                 The U.S. Coast Guard operates and maintains 24 aids to navigation in the general vicinity of the
         South River and Fishing Creek. These aids are a mix of unlighted and lighted channel markers and buoys.
         The Department of Natural Resources maintains a system of 60 buoys and 75 signs for marking speed
         limits, clam lines, float free channels and shoal areas in the South River. In addition to the federal and
         state markings, there are a number of navigation aids and signs maintained by private individuals.

         Vessel Homeports
                 Vessel homeport refers to the water b    ody on which the owner states a boat is located. For
         example, boats kept on the South River are referred to as having a South River homeport.
                 The Department of Natural Resources' Office of Licensing and Watercraft Registration Services
         records information on the two types of vessels: registered boats and documented vessels. All watercraft
         equipped with a motor and used principally in Maryland must be numbered (registered) and titled.
         Documented boats are vessels that weigh five net tons or more and are documented by the United States
         Coast Guard. Since 1982, all documented vessels principally using Maryland waters are required to
         display a validation decal issued by the State of Maryland.
                 The Office of Licensing and Watercraft Registration Services reported 3,019 registered and
         documented boats homeported on the South River and its tributaries in 1990, and 3,406 in 1991. This,
         however, is only a fraction of actual boats trafficking the South River.

         Derelict Boat Removal
                 Abandoned and derelict boats are not only an eyesore, but also pose risks to public safety and
         the environment. The Derelict Boat Removal Program of the Department of Natural Resources, Boating
         Administration, is responsible for the removal of these vessels in the Chesapeake Bay and its tributaries.
         Since 1989, a total of 17 boats have been removed from the South River and its creeks.



         Law Enforcement Statistics
                 The Maryland Natural Resources Police produced a report in 1990 and supplied law enforcement
         statistics for 1991 and 1992 to assist the Boating Administration with the development of this plan. The
         report included a speed limit survey, law enforcement statistics on citations, warnings and boating
         accidents, and information on river activities and line of sight.
                 The Natural Resources Police interviewed 126 people along the South River between November
         15 and November 25, 1990. One hundred and eight of those interviewed favored some type of speed limit
         on the South River. The reasons cited included noise, shoreline erosion and high speeds. Eleven of the
         interviewees were against a speed limit on the South River. Eight of those interviewed had no opinion.
                 Most of the citations and warnings issued by the Police between 1990-1992 were for boating or
         boating-related violations. The most frequent boating violations were: exceeding the posted speed limit,
         insufficient number of Coast Guard approved life jackets on-board, and not having boat registration in
         possession. Most boating violations occur between the months of March and October, with June, July and
         August the most active. There were eight reported boating accidents on the South River in 1990, 11 in





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                   1991 and 15 in 1992. They involved collisions with other vessels, collisions with fixed structures, fires
                   and explosions, capsizings and boat wake-related accidents.

                   Natural Resources Features
                           While much of the South River corridor is heavily developed, it contains a diversity of
                   environmental resources. The following section contains natural resources information obtained from
                   various state and federal natural resource agencies. Included is information on: fisheries, wildlife,
                   wetlands, submerged aquatic vegetation, and endangered or threatened species.


                   Fisheries
                           Finfish in the Chesapeake Bay use a broad range of habitats and often change feeding habits and
                   migrate to different aquatic environments throughout their life cycle. Anadromous fish, such as herring
                   and shad, spawn in freshwater and live in ocean saltwater. Semi-anadromous fish, such as white perch,
                   spawn in tidal freshwater and after spawning move into waters of greater salinity. Catadromous fish, such
                   as the American eel, migrate from fresh water to the open ocean to spawn. Finfish found in the South
                   River include: yellow perch, white perch, striped bass, bluefish, and American eel.
                           Shellfish require a variety of saline aquatic habitat. Oyster beds occur in brackish estuarine waters
                   to high salinity waters. Blue crabs inhabit the brackish waters of the Bay's tributaries. Softshell clams
                   frequently share oyster habitats and are also found in various salinities. The shellfish resource in the
                   South River is limited and is generally not found above Glebe Bay. There are 568 acres of natural oyster
                   bars and several acres of leased oyster bars in the South River. Approximately 12 acres of the natural
                   bars are used as areas for planting immature oysters.
                           Fishing is a popular activity and occurs throughout the South River system with heavy activity
                   near the mouth of the river. Commercial fishing is limited, with some activity near the mouth of the
                   river. Recreational crabbing is done throughout the entire river system. There is little commercial
                   shellfishing in the South River, although harvesting that does occur is done at the mouth of the river.
                           Diamondback terrapins are the dominant reptile species on the South River. Terrapins generally
                   prefer the brackish portions of the tributaries on the river and are rarely observed in the main channel.

                   Wildlife
                           The presence of wildlife in the South River corridor is the result of the suitability and the
                   availability of habitats that provide food and shelter.
                           Two bald eagle nesting territories are located along the South River. One of the territories is
                   located on Cedar Point near Glebe Bay and Brewer Creek. Eagles nesting in this territory use the South
                   River and surrounding tributaries as a feeding area. The second nesting territory is located near the Route
                   50 Bridge on the Upper South River. The feeding area for this territory is the South River above and
                   below the Route 50 Bridge (Map 4). The nesting season for bald eagles in Maryland starts in late
                   November or December. Eggs generally are laid in early February and are incubated for 35 days,
                   hatching from mid-March to April. One to three young are usually produced. The young remain in the
                   nest 11 to 12 weeks before they take their first flight. The last of the young leave the nest by late July.
                           Waterfowl are the dominant wildlife species on the South River. Waterfowl primarily use the
                   river as a feeding and resting area during the winter; however, there are some year-round nesting birds.








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         Waterfowl identified on the South River include: mallard, black duck, canvasback, scaup, bufflehead,
         Canada geese, whistling swan, ruddy duck, mute swan, oldsquaw, goldeneye and scoter.

         Endangered or Threatened Species
                 "Endangered species" means any species whose continued existence as a viable component of the
         State's flora and fauna is determined to be in jeopardy including any species determined to be an
         "endangered species" pursuant to the Federal Endangered Species Act of 1973. "Threatened species"
         means any species of flora or fauna which appears likely, within the foreseeable future, to become
         endangered including any species determined to be a "threatened species" pursuant to the Federal
         Endangered Species Act of 1973.
                 Bald eagles, a federal and state endangered species, nest along and feed in the South River. No
         other endangered or threatened animal or plant species are identified in the river corridor.

         Wetlands
                 Wetlands serve many functions: habitat for wildlife and spawning areas for fish; water quality
         maintenance by filtering sediments and other contaminants before entering a waterway; flood and storm
         damage protection by storing excess water; shellfish production; recreation (i.e. waterfowl hunting,
         crabbing, fishing, bird watching); and aesthetics.
                 Tidal wetlands exist throughout the South River with common occurrence at the headwaters of
         most of the tributaries and near and around the Route 50 Bridge (Map 4).


         Public Lands
                 There are 581 acres of publicly owned lands along the South River. These lands are owned by
         Anne Arundel County and include: South River Farms Park, Mayo Beach Park, Thomas Point Park,
         Londontown Publik House and Quiet Waters Park (Map 4). There are no boat launch facilities on these
         properties. However, a concessionaire rents rowboats and paddleboats from Quiet Waters Park.

         Submerged Aquatic Vegetation
                 Submerged aquatic vegetation (SAV) refers to those vascular plants that live and grow completely
         underwater or just up to the surface. SAV are found in shallow areas where sufficient light for
         photosynthesis can penetrate through the water. In the Chesapeake Bay region this is normally in water
         less than six feet deep, although some species can tolerate low light conditions and are better able to exist
         in deeper waters.
                 SAV has many valuable ecological functions. Many parts of the plants are ingested by ducks,
         geese and swans. SAV serve as habitat and nursery areas for various species of fish, blue crab and
         invertebrates. Other significant attributes of SAV are its capacities to absorb nutrients such as nitrogen
         and phosphorous and remove suspended sediments from the water column.
                 SAV are found throughout the South River's tributaries. They are generally located near the
         shoreline in close proximity to wetlands. Horned pondweed is the dominant species found in the South
         River.














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                  Historic and Archeological Resources
                           The Maryland Historical Trust's Inventory of Historic Properties contains numerous historic
                  properties (including historic structures, prehistoric and archeological sites) recorded along the shorelines
                  of the South River. The Trust reports that the South River contains an abundance and diversity of historic
                  properties, reflecting human occupation and the use of the rivers throughout prehistoric time periods and
                  since the earliest historic settlement of the area. However, there are no recorded submerged sites on the
                  South River.
                           While no recorded submerged sites exist on the South River, it is important that the South River
                  Comprehensive Vessel Management Plan consider the river's potential for containing submerged cultural
                  resources. The Maryland Historical Trust believes that systematic underwater surveys are needed to
                  identify and protect these areas.
                           Recreational boating should have very little impact on these resources. Related activities such as
                  dredging and shoreline protection efforts may affect submerged historic and archeological sites.

                  Public Participation
                           Involving river users and the general public is an important part of the planning process. Between
                  1990 - 1992, the Boating Administration has received approximately 60 telephone calls and 69 letters
                  expressing interest in the draft South River Plan, and three speed limit petitions with approximately 400
                  signatures.
                           To increase public participation in the plan, "Notice to Boaters" buoys were placed in the South
                  River to inform waterway users of potential changes in speed limits. A questionnaire was developed to
                  survey people's opinions regarding conditions on the South River, and a public workshop, public
                  meetings and a public hearing were held to discuss river issues and solicit public input about the draft
                  South River Plan.


                  User Survey
                           To obtain the public's opinions about boating conditions on the South River, approximately 200
                  questionnaires were mailed to recreational user groups, community associations, environmental groups,
                  boating organizations, marine trades groups and boaters-at-large. Another 600 questionnaires were
                  distributed to boat licensing offices, local grocery stores, seafood restaurants and marine supply stores.
                           Of the 800 questionnaires circulated, 217 or 27% were returned to the Boating Administration.
                  One hundred and seventy-five (175) of the respondents were private citizens and forty-two (42) were from
                  various organizations. Most respondents classified their primary activity as power boating followed by
                  swimming, sailing, recreational water skiing, crabbing, anchoring, bird watching, and fishing. Other
                  responses included rowing, competitive water skiing, canoeing, outdoor education, parasailing, hunting,
                  and gunkholing (the exploring of creeks and coves) as favored activities.
                           The survey found that users are concerned with existing boating conditions on the South River.
                  Four concerns dominated the survey:
                                                    1) high vessel speeds;
                                                    2) noise;
                                                    3) shoreline erosion; and
                                                    4) the environment.
                           Asked whether they thought problems were specific to an area, most cited the main channel,
                  bridge areas, water ski areas and environmentally sensitive areas. Exact locations were not given by most
                  survey respondents.




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                  One hundred seventy (170) or 78% responded that the problems encountered decreased the
          enjoyment of their activity. One hundred fifty-six (156) or 72% believed that existing speed restrictions
          were not adequate. When asked what changes were necessary to improve conditions on the river, the
          majority of respondents replied that enforcement should be increased; activity areas should be designated;
          and speed restrictions should be increased. Over 50% of the respondents supported restrictions that
          included:

                                           ï¿½ maximum daytime and nighttime speed limits;
                                           ï¿½ 6 knot speed limit zones near bridges;
                                           ï¿½ controlled water ski areas;
                                           ï¿½ minimum wake areas;
                                           ï¿½ designation of activity areas; and
                                           ï¿½ natural resources protected areas.
                 In sum, existing boating conditions on the South River were viewed negatively. The level of use
          was heavy, and there was evidence of a continuing upward trend. Differences among the user groups (i.e.
          sailors, power boaters, crabbers, water skiers, etc.) were not substantial. Generally speaking, all groups
          preferred additional management to the present situation.

          Public Workshop
                 A joint South River/Magothy River public workshop was held on Saturday, May 18, 1991.
          Approximately 35 people attended the South River sessions. The people were randomly assigned to a
          work group (Green, Red and Yellow) that discussed issues and developed management recommendations
          that were presented to all workshop participants. Listed below are the recommendations of the three
          groups.
                 The "Yellow Group" developed a management scheme that suggested a 6 knot speed limit at all
          times on most of the tributaries; reduced the main channel daytime speed to 30 knots and nighttime speed
          to 20 knots; established 6 knot at all times speed limits around the Riva Road Bridge and the Route 2
          Bridge; designated a controlled water ski area on the Upper South River; and established environinental
          protection areas in Flat Creek and around Cedar Point near Brewer Creek.
                 The "Green Group" recommended that a controlled water ski area be established in the Upper
          South River; a 6 knot speed limit be imposed around the Riva Road Bridge (50 yards east, 100 yards
          west); identified Granville Creek, Beards Creek, Glebe Creek and Glebe Bay as areas of high shoreline
          erosion; established a daytime speed limit of 35 knots on the main channel above Selby Bay and Duvall
          Creek, and a 20 knots nighttime speed limit on the entire river; and designated a 6 knot speed limit at
          all times in Glebe Creek and Gingerville Creek.
                 The "Red Group" recommended that Church Creek be designated as a 6 knot speed limit area
          for Saturdays, Sundays and State Holidays; that all of Harness Creek be included in the 6 knot at all times
          zone; that all federal holidays be included in the 6 knot speed limit for Saturdays, Sundays, and State
          Holidays; that a 6 knot speed limit or minimum wake area be established around the Riva Bridge; a 35
          knots nighttime speed limit be imposed on the main stem; that the 6 knot Saturdays, Sundays and State
          Holidays speed limit line in Selby Bay be changed to include all of Selby Bay; and that more of the
          navigational aids be lighted.

          Public Meeting
                 A public meeting was held on October 30, 1991, to formally record public comments on the draft
          South River Comprehensive Vessel Management Plan. Approximately 85 people attended the meeting
          of which 38 registered to speak in opposition to or in support of the proposed speed limit regulations.





          14                                                                                           South River
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                           Participants identified several areas of discord with the South River speed limit proposals. Those
                  areas include: the main channel below the Route 2 Bridge; Beards Creek, Broad Creek and Aberdeen
                  Creek; the Route 2 and Riva Road Bridge areas; and the Upper South River. Participants also contributed
                  opinions about Ramsey Lake, Harness Creek and Fishing Creek. A public comment period from October
                  30, 1991 to November 6, 1991 was established to allow additional citizen input. Approximately 50
                  letters and telephone calls were received within the comment period.

                  Boat Act Advisory Committee Meeting
                           The Boat Act Advisory Committee held a meeting on November 26, 1991, to review the draft
                  South River Comprehensive Vessel Plan and the proposed speed limit regulations. Prior to the
                  Committee meeting, the proposed regulations were modified to reflect public sentiment at the public
                  meeting and throughout the public comment period.
                           Generally speaking, the Advisory Committee believed that the speed limit regulations proposed
                  for "year-round" should be replaced by speed limit regulations in effect only at the heavy traffic times
                  from April 15 through October 15 given that the majority of boat traffic on the South River occurs
                  between April and October. The Committee voted to recommend to the Secretary of the Department of
                  Natural Resources that many of the proposed South River speed limit regulations be effective from only
                  April 15 through October 15.

                  Public Hearing
                           A public hearing was held on February 26, 1992 to provide an opportunity for public comment
                  on the proposed speed limit regulations and area designations. Approximately 45 people attended the
                  hearing. Twenty-eight people provided verbal testimony on the proposed regulations and 24 exhibits were
                  submitted for the record. Forty-two letters were received during the comment period, including two speed
                  limit petitions. One of the petitions contained approximately 100 signatures from citizens of the South
                  River Landing Community and surrounding communities requesting that the speed limit in Almshouse
                  Creek be six knots at all times for the entire year. The second petition included eleven signatures of area
                  residents requesting that the Boating Administration re-evaluate their speed limit proposals. The public
                  hearing record remained open until April 24, 1992. The hearing officer issued his report on May 19,
                  1992, which included a discussion of issues raised at the hearing and during the comment period, and
                  recommendations based on a review of all information submitted for the record.

























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                  V. ANALYTICAL BASIS & FINDINGS
                  As discussed earlier, federal, state and local government agencies were asked to contribute a
         variety of land use and natural resources data; the public was solicited to comment on and develop
         proposals for the draft South River Comprehensive Vessel Management Plan; and the BAAC was
         consulted and invited to develop management recommendations.
                  Boating issues identified by the public in meetings, letters, telephone calls, surveys and workshops
         have focused on the environment, recreational use conflicts and boat traffic. The boat traffic issues
         include safety, congestion, high speeds and noise.

         Public Safety
                  As discussed earlier, public safety is compromised in areas of high speed activity and heavy
         vessel use; in areas where channel obstructions such as bridge pilings and piers limit the boater's line of
         sight; in areas where heavy passive and active uses conflict; or in areas where the physical characteristics
         of the waterway such as depth, width and meander may impede the operation of watercraft.
                  The Department of Natural Resources imposes speed limits where public safety is compromised.
         The speed limits commonly include a maximum of 6 knots for Saturdays, Sundays and State Holidays
         or a maximum of 6 knots at all times. Main channel maximum speed limits may be utilized in
         circumstances of heavy traffic and conflicting high speed activities. For example, a maximum speed limit
         of 35 knots daytime and of 20 knots nighttime has been adopted on the Severn River. Speed limit
         regulations may be imposed either year-round or from April 15 through October 15.
                  The criteria for establishing a speed limit area depends on many factors such as the number of
         marinas, slips, piers and ramps; shoreline development; the type of recreational activities; amount of boat
         traffic; area length, area width and channel depth; and the presence of natural resources such as wildlife,
         wildlife habitat, threatened and endangered species and submerged aquatic vegetation. All of these factors
         are considered in determining the speed level for safe operation of vessels in the area.
                  The following materials were consulted, compiled and/or reviewed to gain an understanding of
         the safety issues on the South River: ..
                  ï¿½ "South River Creek Survey", Boating Administration, Maryland Department of Natural
                    Resources, 1991.
                  ï¿½ "South River User Survey", Boating Administration, Maryland Department of Natural
                    Resources, 1991.
                  ï¿½ "South River Comprehensive Vessel Management Plan Information Base", Natural Resources
                    Police, Maryland Department of Natural Resources, 1990.
                  ï¿½ "South River Speed Zone Recommendation Report", Coastal Resources Division, Maryland
                    Department of Natural Resources, 1988.
                  Included below is a list and a description of areas or tributaries in the South River that have one
         or more of the characteristics mentioned previously and which have a bearing on speed limits for the safe
         operation of watercraft:


                                   1. Route 2 Bridge & Riva Road Bridge area;
                                   2. Upper South River (area west of Riva Road Bridge);
                                   3. Glebe Creek, Almshouse Creek, Pocahantas Creek & Beards Creek;
                                   4. Lake Hillsmere, Boyd Point Cove, Little Aberdeen Creek, Cedar Point Cove,
                                      Granville Creek, Loden Pond and Oyster Creek;
                                   5. Harness Creek;
                                   6. Duvall Creek;




         16                                                                                             South River
                                                                         Comprehensive Vessel Management Plan







                                            7. Warehouse Creek, Crab Creek & upper Aberdeen Creek;
                                            8. Gingerville Creek; and
                                            9. Selby Bay & Ramsey Lake.

                  I .    The Route 2 Bridge and the Riva Road Bridge areas contain commercial marinas and restaurants
                         with approximately 950 wet and dry slips. In addition, these facilities sell food, fuel, boats and
                         marine supplies; rent boats and personal watercraft; offer launching access for trailered vessels;
                         and serve as permanent residences for liveaboard persons. Both bridge areas are used by watercraft
                         ranging from 50 foot cruisers and sailboats to personal watercraft and kayaks. The presence of
                         small vessels adds to the precarious nature of the area because of their size and the limited
                         visibility around the bridge pilings. Traffic patterns in these areas are highly erratic. There is a mix
                         of vessels that either pass through the bridge areas or slow down to dock or fuel. The physical
                         nature of the river and the development pattern along the shoreline in these areas also contribute
                         to safety and congestion problems. North of the Route 2 Bridge, the river channel and the
                         navigable channel narrows and meanders. Residential development and its adjoining waterfront
                         facilities (i.e., piers and pilings) are dense along the main channel and approach the shoreline to
                         a greater degree than downstream. Approximately 62% of the private piers on the main channel
                         are west of the Route 2 Bridge.

                  2.     West of the Riva Road Bridge, the river is heavily traversed by recreational and competitive water
                         skiers, cruisers, high-performance power boaters, and personal watercraft operators. The South
                         River Water Ski Club operates and maintains a United States Army Corps of Engineers permitted
                         slalom water ski course and jump in the upper portions of the river. In this area the channel
                         continues to be narrow and meanders, and two communities and a yacht club operate marinas with
                         a capacity of approximately 75 slips.

                  3.     Glebe, Almshouse, Pocahantas and Beards Creeks are waterways that are heavily developed for
                         residential purposes and contain intense concentrations of boats, piers, mooring areas, marinas or
                         swim areas. In addition, Glebe, Pocahantas and Almshouse Creeks have narrow channels.

                  4.     Tributaries such as Lake Hillsmere, Boyd Point Cove, Cedar Point Cove, Little Aberdeen Creek,
                         Granville Creek, Loden Pond and Oyster Creek have either limited access channels or narrow
                         navigable channels with moderate to heavy numbers of private piers. In addition, these tributaries
                         are small and offer little or no opportunity for the safe enjoyment of high speed activities.

                  5.     Harness Creek is used throughout the summer by paddleboats, rowboats and cruisers, and
                         year-round by anchoring boats. A concession stand rents rowboats and paddleboats from Quiet
                         Waters Park. Furthermore, the area around the creek entrance is frequented by excessive numbers
                         of watercraft on weekends.


                  6.     Duvall Creek is heavily developed along its western shore and serves approximately 30-40
                         individually moored vessels. The eastern portion of the creek and the entrance is shallow. In
                         addition, passive activities such as canoeing and wind surfing have been observed in and around
                         Duvall Creek.


                  7.     Warehouse Creek, Crab Creek and upper Aberdeen Creek are characterized as having narrow
                         channels with limited lines of sight. Warehouse Creek is heavily developed with private piers and






                  South River                                                                                                   17
                  Comprehensive Vessel Management Plan






                situated near the commercial marinas of the Route 2 Bridge. Crab Creek and the upper reaches of
                Aberdeen Creek also have high numbers of private piers.

         8.     The mouth of Gingerville Creek serves as the home for several commercial facilities. The wet slip
                capacity of these businesses is over 200. In addition, this area also functions as a launch site for
                trailered boats.


         9.     Selby Bay and Ramsey Lake are waterways that contain substantial numbers of commercial
                facilities with approximately 850 wet slips. These areas are used heavily on the weekends. In
                addition, access to Ramsey Lake is limited to a small narrow channel under the Turkey Point Road
                Bridge which has a clearance of 10 feet at mean high water. The bridge will be rebuilt in 1991-
                1993, to a clearance of 14 feet with current width dimensions maintained.

                The South River Comprehensive Vessel Management Plan and its regulations address the safety
         issues on the South River and tributaries by establishing:

                  A maximum speed limit of 6 knots effective at all times or during peak traffic times in areas
                  which are narrow or confined, have heavy cross traffic, include extensive slip and marina
                  development, or have poor a line of sight. These speed limits apply seven days a week or
                  Saturdays, Sundays and State Holidays;
                ge Establish areas to facilitate safe recreational use of slalom course water skiing and passive
                  uses such as swimming, canoeing, etc;
                  A maximum speed limit of 35 knots maximum, sunrise to sunset from April 15 through
                  October 15, and
                  A maximum speed limit of 20 knots maximum speed limit, sunset to sunrise, from April 15
                  through October 15.


         Natural Resources
                Through an outreach program that included a user survey, a public workshop and public meetings,
         a number of environmental concerns were identified by the general public. The Department of Natural
         Resources undertook initiatives to address these issues.
                Certain natural resources, including threatened/endangered species and submerged aquatic
         vegetation, may be harmed by unrestricted vessel traffic. For this reason, the Department designate
         certain waters as minimum wake areas. Minimum wake areas provide added protection to flora and fauna
         by requiring that vessels maintain only the minimum speed necessary to maintain vessel steerage. In
         extreme cases where public safety is threatened, i.e., near dams and spillways, and in particularly
         sensitive areas, watercraft may be prohibited.
                In an effort to improve water quality by reducing the amount of boat generated sewage that is
         entering Maryland's waters, the Department has been administering a grant program whereby public and
         private marinas are reimbursed up to $12,500 for the purchase and the installation of marine sewage
         pump-out facilities.
                To assist property owners who are experiencing shore erosion problems, the Department's Shore
         Erosion Control Program provides technical and financial assistance to property owners and local
         jurisdictions. Through on-site consultations, erosion problems are assessed and recommendations made.
         Shoreline erosion control measures may then be designed and constructed utilizing interest-free loans and
         matching grants. These measures include structural projects, such as bulkheads and stone revetments, and
         non-structural projects, such as the creation of marshes.





         18                                                                                           South River
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                          The following information was consulted and reviewed to gain an understanding of the natural
                  resources  issues on the South River:
                          ï¿½   Fisheries correspondence, Tidewater Administration,         Maryland Department of Natural
                              Resources, 1991.
                          ï¿½   "Recreational Boat Pollution and the Chesapeake Bay", Chesapeake Executive Council, 1991.
                          ï¿½   "The Influence of Marinas, Related Facilities and Activities Upon Wintering and Nesting
                              Waterfowl: A Literature Review", Wildlife Division, Maryland Department of Natural
                              Resources, 1990.
                          ï¿½   Wildlife correspondence, Wildlife Division, Maryland Department of Natural Resources, 199 1.
                          ï¿½   Submerged Aquatic Vegetation Maps, United States Fish and Wildlife Service, 1989 & 1990.
                          ï¿½   "Maryland Scenic Rivers Study: Tributaries of the Chesapeake Bay", Scenic and Wild Rivers
                              Program, Maryland Department of Natural Resources, 1988.
                          ï¿½   "The Role of Boat Wakes in Shore Erosion in Anne Arundel County, Maryland", Maryland
                              Department of Natural Resources, Tidewater Administration, 1980.
                          Listed below are four potential impacts of recreational boating on natural resources, as used for
                  planning purposes, followed by a description of each of those impacts and identification of sensitive areas
                  in the South River system:
                                                             1) disturbance of wildlife;
                                                             2) disturbance of wildlife habitat;
                                                             3) water quality degradation; and
                                                             4) shoreline erosion.


                  Disturbance of Wildlife
                          In most cases, disturbance of wildlife occurs when watercraft enter their habitat. Much of the
                  high-quality wildlife habitat, in the form of wetlands and SAV beds in the South River, is located in the
                  headwaters of most tributaries and the area near the Route 50 Bridge (Map 4).

                  Fisheries
                          The impact of boating on fisheries appears to be minimal. There is a large yellow perch spawning
                  run in the South River, but it occurs north of the Route 50 Bridge where little boat traffic is observed
                  and is generally complete before heavy boating activity takes place. The mating season for diamondback
                  terrapins is in March and April and nesting season runs from May through July. Terrapins will typically
                  nest on sandy beaches in the tributaries of the South River. Fisheries biologists believe that terrapins may
                  be vulnerable to injury and mortality from boating activity during this time due to their orientation near
                  the water surface. However, as stated, the impact is believed to be minimal.


                  Wildlife
                          Two types of wildlife have been identified as being potentially impacted by recreational boating:
                  (1) bald eagles, and (2) waterfowl. The bald eagles on the South River have had much success in nesting
                  and raising young. Current boating activity does not appear to be disturbing the nesting and feeding habits
                  of the eagles. However, it is unknown as to what level of activity the eagles may tolerate. Wildlife
                  biologists recommend that boating activity be minimized in and around nesting and feeding areas. Public
                  and private boating facilities should not, therefore, be upgraded. This allows for continued use of the
                  nesting and feeding sites by the eagles.
                          Wildlife biologists believe that increased boating activity may either directly or indirectly affect
                  waterfowl. One of the factors involved in this determination appears to be the size of the water body and




                  South River                                                                                                19
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           whether boating occurs over the entire surface area. Biologists have identified regions on the South River
           where waterfowl congregate or that may serve as refuge areas (Map 4). The greatest use of the river by
           waterfowl occurs during the months of November through April. Disturbance of the birds from current
           boating activity appears to be slight. Nevertheless, as is the case with the eagles, boating activity should
           be minimized in areas where waterfowl are known to congregate and feed. It should be understood that
           federal law prohibits the disturbance of resting waterfowl.

           Disturbance of Wildlife Habitat
                  The South River offers several habitat types which are critical for wildlife and fishery resources.
           Submerged Aquatic Vegetation (SAV) is of utmost importance for waterfowl, blue crab, and a number
           of fish species.
                  SAV provides food and cover for a wide variety of wildlife and fishery resources. SAV occurs
           or may occur in most of the South River's tributaries in waters approximately 3 feet deep, near the
           shoreline and in close proximity to wetlands. In recent years, citizen SAV surveys have identified SAV
           in the following tributaries:

           ï¿½ Almshouse Creek                     * Aberdeen Creek                       * Beards Creek
           ï¿½ Blackwalnut Creek                   * Broad Cove                           * Cherrytree Cove
           ï¿½ Duvall Creek                        * Fishing Creek                        * Glebe Creek
           ï¿½ Harness Pond                        * Loden Pond                           * Selby Bay
           ï¿½ Upper Crab Creek                    * Upper South River

                  Boating activity in shallow water areas may cause harm to SAV by resuspending sediments, thus
           reducing light penetration and the plant's photosynthetic opportunities; physically damaging or uprooting
           the plants; and by the discharging of boat pollutants that degrade ambient water quality.

           Water Quality Degradation
                  There are a number of sources of pollution that are affecting the health of the Chesapeake Bay.
           Although sewage discharge from boats is a relatively minor contributor to this problem, boaters are being
           asked to do their part in the effort to improve the waters of the Bay. While the affect of a single boat may
           seem insignificant, multiply it by the number of boats that use the South River at various times and such
           effects become both significant and apparent. Raw sewage, oil and grease, anti-freeze, boat bottom paint
           and trash have all been identified as elements of the boating community's waste stream.
                  Perhaps more than any other boat-generated pollutant, discharges of human wastes from boats
           have the potential to degrade water quality. According to federal law, the discharge of raw sewage from
           a vessel in United States territorial waters (within the three mile limit) is illegal. The entire Chesapeake
           Bay is considered territorial waters of the United States; therefore, the discharge of raw sewage in the
           Bay is prohibited regardless of the distance from shore. Boats are not required to be equipped with a
           toilet or marine head. However, if a toilet is installed it must be equipped with a Marine Sanitation
           Device (MSD) that meets United States Coast Guard standards. Although portable toilets or
           11 porta-potties" are not considered installed toilets and are not subject to MSD requirements, it is still
           illegal to dump the contents into United States territorial waters. For the most part, vessel discharges pose
           the greatest threat to water quality in places where boats tend to congregate. These marina, mooring and
           anchoring areas are often located in quiet, protected waters.
                  Since there are only two marine sewage pump-out facility on the South River (Map 3) which has
           limited access due to the clearance of the Turkey Point Road Bridge, the ambient water quality in several
           locations on the river that receive heavy use by recreational vessels may be jeopardized. These areas




           20                                                                                            South River
                                                                          Comprehensive Vessel Management Plan







                  include the commercial marinas around the Route 2 Bridge and Turkey Point Road; community marinas
                  and moorings in Beards Creek, Fishing Creek, Glebe Creek and Duvall Creek; and anchoring areas in
                  Harness Creek.


                  Shoreline Erosion
                           Shoreline erosion is one of the most often cited environmental problems resulting from
                  recreational boating. In the user survey, 126 or 60% of the respondents believed that shoreline erosion
                  was a serious problem.
                           Although it is very difficult to ascertain shoreline erosion from boat wakes, certain physical
                  factors have been identified as playing an important role in the determination of erosion generated by boat
                  wakes. These parameters include high frequency of boat passes near shore (100-200 feet); steep shoreline
                  gradient; easily erodible material such as sand; and exposed points of land in narrow channels.
                           Shoreline erosion is evident throughout the South River system. This loss causes costly shoreline
                  protection measures for landowners, loss of property and loss of water depth in near shore areas.
                  However, it has not been determined to what extent boat wakes are responsible. Land runoff and wind
                  generated waves are significant contributors to shoreline erosion. Workshop participants identified erosion
                  areas in Glebe Creek, Glebe Bay, Beards Creek, Long Point (Selby Bay) and the mouth of Granville
                  Creek.
                           The South River Comprehensive Vessel Management Plan and regulations address natural
                  resources protection by:

                             Establishing minimum wake areas in areas where boat traffic may have an impact on
                             existing beds of submerged aquatic vegetation;
                           A
                             Establishing minimum wake areas in areas that offer important natural habitat values such
                             as waterfowl resting, staging and feeding areas; bald eagle nesting and feeding areas; and
                             areas with shallow, easily disturbed bottoms; and
                             Recommending the pldcement of marine sewage pump-out facilities in areas or adjacent to
                             areas identified as having potential water quality problems.

                  Recreation
                           As boating on the South River continues to grow, more traditional and passive uses will be lost.
                  Traditional uses such as swimming, water skiing, anchoring, fishing and canoeing are under increasing
                  pressure from the more popular sailing and power boat activities, and by shoreline development. To
                  protect traditional recreational uses, the Department of Natural Resources implemented speed limits and
                  designated areas on the river for certain uses.
                           The following information was consulted, compiled and/or reviewed to gain an understanding of
                  recreation issues on the South River:
                           ï¿½ "South River Creek Survey", Boating Administration, Maryland Department of Natural
                             Resources, 1991.
                           ï¿½ "South River User Survey", Boating Administration, Maryland Department of Natural
                             Resources, 199 1.
                           ï¿½ "South River Comprehensive Vessel Management Plan Information Base", Natural Resources
                             Police, Maryland Department of Natural Resources, 1990.
                           ï¿½ "South River Speed Zone Recommendation Report", Coastal Resources Division, Maryland
                             Department of Natural Resources, 1988.





                  South River                                                                                              21
                  Comprehensive Vessel Management Plan







                 Areas such as Beards Creek, the mouth of Broad Creek, Glebe Bay, and the Upper South River
         have been identified as traditional recreational and competitive water ski areas. The Upper South River
         has long been used as a site for slalom water skiing and jumping. Much of the site's attractiveness is the
         virtual undeveloped nature of the shoreline (i.e., no bulkheads, piers or pilings), the low number of
         pass-through vessels, and the excellent line of sight.
                 Beards Creek is used primarily by recreational water skiers. The creek's wide channel and a good
         line of sight afford opportunities for water skiing. Trick water skiers find upper Beards Creek attractive
         because it offers protection from the prevailing winds, as well as low numbers of bulkheads and piers.
         Much to the distress of both recreational and trick water skiers is the increased number of homeported
         boats in Beards Creek, as well as shoreline development.
                 Broad Creek, Glebe Bay and lower Aberdeen Creek are also used by recreational water skiers.
         These areas offer wide expanses of water and protection from weather conditions and vessel traffic.
                 Harness Creek is identified as a traditional week-long anchoring area and an area for passive uses
         such as paddleboating and rowing. Cherrytree Cove is a popular area for swimming, picnicking,
         sunbathing, sailboarding, bird watching and occasional personal watercraft operation. Aberdeen and Glebe
         Creeks are popular weekend anchoring sites. These areas offer pleasing aesthetics and protection from
         adverse weather conditions and vessel traffic.
                 Mooring is a recreational use in the South River. Duvall Creek, Beards Creek and Fishing Creek
         have significant numbers of individually moored vessels. Additionally, there is a registered group
         mooring area in both Limehouse Cove and the main river channel west of Almshouse Creek along South
         River Landing community.
                 Swimming, by far, is the most popular passive activity on the South River. Designated and
         undesignated swim areas exist throughout the river system. Concentration of swim areas usually
         corresponds to the density of nearby residential development. Glebe Creek and Almshouse Creek have
         many community swim beaches.
                 No recreational activity was witnessed in Blackwalnut Creek, however, canoes, rowboats and
         other small, manually propelled vessels were observed on shore.
                 The South River Comprehensive Vessel Management Plan and regulations addresses recreation
         issues and enhance recreational opportunities by:

                 ï¿½ Establishing a "Controlled Ski Area" to aid in the safe recreational en * yment for those
                   participating in slalom course water skiing,
                 ï¿½ Establishing minimum wake areas in locations with unique natural features and to
                   facilitate passive recreational activities such as nature study, bird watching, canoeing,
                   swimming; and
                   Establishing speed limit regulations from April 15 through October 15 to provide potential
                   recreational opportunities for boaters during the "off-season".














         22                                                                                           South River
                                                                       Comprehensive Vessel Management Plan







                         VI. MANAGEMENT RECOMMENDATIONS
                         All proposals for the South River Comprehensive Vessel Management Plan were developed from
                  public comments, workshop recommendations, the Boat Act Advisory Committee, the Natural Resources
                  Police, and the Boating Administration's waterway data base information. The recommendations are
                  presented as either regulatory changes by tributary or river area, or as policy statements. All proposed
                  regulatory changes apply either year-round or from April 15 through October 15 (Map 5).

                  Regulatory Changes for South River
                  Aberdeen Creek 0ower portion)
                     ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                    6 knots - Saturdays, Sundays and State Holidays, April 15 through
                                                  October 15
                     ï¿½ Rationale:                 The creek is wide and has a good line of sight. Heavy traffic periods are
                                                  primarily on weekends during the boating season. Current vessel traffic
                                                  levels do not support speed limits during the non-boating season.
                  Aberdeen Creek (upper portion)
                     ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                    6 knots - At all times, boating season, north of Minion Cove
                     ï¿½ Rationale:                 The presence of community marinas, private piers and a narrow channel
                                                  provide problems for boaters during heavy traffic times. Existing traffic
                                                  levels during the non-boating season do not support "year-round" speed
                                                  limit regulations.
                  Almshouse Creek
                     ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                    6 knots - At all times, year-round '
                     ï¿½ Rationale:                 The creek has a fair line of sight. Shoreline development is high, and
                                                  little room exists for any type of safe high speed activity. During the
                                                  boating season, recreational activity throughout the week is constant.
                  Beards Creek 0ower portion)
                     ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                    6 knots - Saturdays, Sundays and State Holidays, April 15 through
                                                  October 15 (the main channel speed limit of 35 knots daytime & 20 knots
                                                  nighttime from April 15 through October 15 will apply on the weekdays.)
                     ï¿½ Rationale:                 Beards Creek is a traditional water ski area, both recreational and trick
                                                  skiing. Community development is high, although the creek is wide with
                                                  a good line of sight. Existing traffic levels during the non-boating season
                                                  do not support "year-round" speed limit regulations.







                             Although Almshouse Creek was proposed in the February 1992 draft of the South River Plan as 6 knots at all times effective for
                  the boating only, the hearing officer in his report issued May 19, 1992 recommended changing the speed limit to 6 knots at all times effective
                  year-round.





                  South River                                                                                               23
                  Comprehensive Vessel Management Plan







         Beards Creek (headwaters)
            * Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            * Change:                    Minimum wake area, year-round
            * Rationale:                 The shoreline is undeveloped, consisting primarily of wetlands. The area
                                         is approximately 2 feet deep and contains well-established beds of
                                         submerged aquatic vegetation. Also, Anne Arundel County is proposing
                                         this area of Beards Creek as a "natural or conservancy area."
         Blackwalnut Creek
            ï¿½ Previous Regulation:       None
            ï¿½ Change:                    None
            ï¿½ Rationale:                 Access to the creek is severely restricted by a shallow entrance channel.
                                         The creek is also very shallow.
         Boyd Point Cove
            ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                    6 knots - At all times, year-round
            ï¿½ Rationale:                 The cove has a narrow and shallow entrance channel.           The cove's
                                         navigable area is limited, and shoreline development is high.
         Brewer Creek
            ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                    6 knots - Saturdays, Sundays and State Holidays, April 15 through
                                         October 15
            ï¿½ Rationale:                 The creek has a good line of sight, and periods of heavy use are primarily
                                         on the weekends from April 15 through October 15. Current traffic levels
                                         do not support speed limit regulations during the non-boating season.
         Broad Creek 0ower portion)
            ï¿½ Previous Regulation:       No regulation
            ï¿½ Change:                    No specific proposal (The main channel speed limit of 35 knots daytime
                                         & 20 knots nighttime - At all times, April 15 through October 15, will
                                         apply.)
            ï¿½ Rationale:                 The creek is a traditional water ski area. The line of sight is good with
                                         no impediments for boating activity.
         Broad Creek (upper portion)
            ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                    6 knots - Saturdays, Sundays and State Holidays, April 15 through
                                         October 15 (The main channel speed limit of 35 knots daytime & 20
                                         knots nighttime - April 15 through October 15, will apply on the
                                         weekdays.)
            ï¿½ Rationale:                 This area has several undesignated swim areas and a Girl Scout Camp on
                                         its eastern shore. Some boating activity occurs on week days, especially
                                         on days closest to the weekend. Current traffic levels do not support non-
                                         boating season regulations.
         Cedar Point Cove
            ï¿½ Previous Regulation:       None
            ï¿½ Change:                    6 knots - At all times, year-round





         24                                                                                           South River
                                                                       Comprehensive Vessel Management Plan







                        Rationale:                 The cove has a narrow and shallow entrance channel, and a limited
                                                   navigable area.
                  Cherrytree Cove
                     ï¿½ Previous Regulation:        None
                     ï¿½ Change:                     Minimum wake area, year-round
                     ï¿½ Rationale:                  The cove is a traditional picnicking and swim area. The area is also
                                                   shallow and has a limited navigable area. Submerged aquatic vegetation
                                                   and wetlands are also present.
                  Church Creek
                     ï¿½ Previous Regulation:        6 knots - At all times, year-round
                     ï¿½ Change:                     6 knots - At all times, April 15 through October 15
                     ï¿½ Rationale:                  There are two community marinas located in the creek. The line of sight
                                                   is good throughout the entire creek with the exception of the upper
                                                   portions. Existing traffic levels during the non-boating season do not
                                                   support "year-round" regulations.
                  Crab Creek
                     ï¿½ Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                     6 knots - At all times, April 15 through October 15
                     ï¿½ Rationale:                  From April 15 through October 15, activity on the creek is frequent.
                                                   While no community facilities exist, there are high numbers of private
                                                   piers, pilings and other structures. The creek entrance is shallow and
                                                   narrow, and the line of sight is fair. Current traffic levels do not support
                                                   non-boating season speed limits.
                  Duvall Creek
                     ï¿½ Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                     6 knots - At all times, April 15 through October 15
                     ï¿½ Rationale:                  The creek has heavy mooring and anchoring activity from April 15
                                                   through October 15. The entrance channel is narrow and shallow. Current
                                                   traffic levels do not support non-boating season speed limits.
                  Fishing Creek
                     ï¿½ Previous Regulation:        None
                     ï¿½ Change:                     None
                     ï¿½ Rationale:                  The creek has a good line of sight. Recreational use in the creek is low,
                                                   primarily local residential activity and some anchoring,


                  Flat Creek
                     ï¿½ Previous Regulation:        None
                     ï¿½ Change:                     Minimum wake area, year-round
                     ï¿½ Rationale:                  The creek has an undeveloped shoreline, consisting primarily of wetlands,
                                                   and limited depths. The creek and surrounding area is used as a feeding
                                                   area for resident bald eagles.
                  Gingerville Creek
                       Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round




                  South River                                                                                                25
                  Comprehensive Vessel Management Plan







            ï¿½ Change:                     6 knots - At all times, year-round
            ï¿½ Rationale:                  The mouth of the creek is in close proximity to the busiest location on the
                                          South River. The area is characterized as having heavy vessel traffic from
                                          local marinas.
         Glebe Bay
            ï¿½ Previous Regulation:        None
            ï¿½ Change:                     None
            ï¿½ Rationale:                  The bay is very wide and has a good line of sight. This is a traditional
                                          water ski area, and is popular for other high-speed activities.
         Glebe Creek
            ï¿½ Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                     6 knots - At all times, April 15 through October 15
            ï¿½ Rationale:                  The creek has a fair line of sight. The shoreline is highly developed with
                                          several community marinas and swim areas. Existing traffic levels during
                                          the non-boating season do not support "year-round" regulations.
         Granville Creek
            ï¿½ Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                     6 knots - At all times, year-round
            ï¿½ Rationale:                  The creek has a narrow and shallow entrance, and a limited navigable
                                          area.

         Harness Creek
            ï¿½ Previous Regulation:        Approximately two-thirds of creek is 6 knots - At all times, year-round
            ï¿½ Change:                     Extend 6 Knots - At all times, year-round, to the entire length of the
                                          creek
            ï¿½ Rationale:                  The creek is used throughout the year by anchoring vessels. A
                                          concessionaire rents paddleboats and rowboats from Quiet Waters Park.
                                          Other uses, such as gunkholing, also occur in Harness Creek.
         Lake lEllsmere
            ï¿½ Previous Regulation:        Entrance channel is 6 knots - At all times, year-round
            ï¿½ Change:                     6 knots - At all times, year-round, for the entire creek
            ï¿½ Rationale:                  The lake has a narrow and shallow entrance channel, and a limited
                                          navigable area.
         Limehouse Cove
            ï¿½ Previous Regulation:        None
            ï¿½ Change:                     None
            ï¿½ Rationale:                  The cove receives little recreational use and has a good line of sight.


         Little Aberdeen Creek
            ï¿½ Previous Regulation:        6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                     6 knots - At all times, April 15 through October 15
            ï¿½ Rationale:                  The creek has a narrow channel, especially in the upper reaches, and
                                          shoreline development is high. The greatest amount of use the creek
                                          receives is from April 15 through October 15. Current traffic levels do
                                          not support speed limits during the non-boating season.





         26                                                                                             South River
                                                                        Comprehensive Vessel Management Plan










                  Loden Pond
                     ï¿½ Previous Regulation:       None
                     ï¿½ Change:                    None
                     ï¿½ Rationale:                 The pond has a narrow entrance channel and is very shallow. Virtually
                                                  no recreational use can take place in the tributary.
                  Main Channel
                     ï¿½ Previous Regulation:       None, except that around the Route 2 Bridge is designated as 6 knot
                                                  speed limit - Saturdays, Sundays and State Holidays, year-round
                     ï¿½ Change:                    35 knot daytime and 20 knot nighttime speed limit - At all times, April
                                                  15 through October 15, west of Route 2 Bridge in areas not otherwise
                                                  regulated.
                     ï¿½ Rationale:                 The main channel narrows and meanders above the Route 2 Bridge. Boat
                                                  traffic from April 15 through October 15 is very heavy. All types of high
                                                  speed recreational uses occur in the main channel. Existing traffic levels
                                                  do not support speed limits during the non-boating season.
                  Oyster Creek
                     * Previous Regulation:       None
                     * Change:                    Entrance channel 6 knots - At all times, year-round
                     * Rationale:                 The creek's entrance channel is very narrow and shallow.


                  Pocahantas Creek
                     ï¿½ Previous Regulation:       Entrance channel is 6 knots - At all times, year-round, remainder is 6
                                                  knots - Saturdays, Sundays and State Holidays
                     ï¿½ Change:                    6 knots - At all times, year-round for the entire creek
                     ï¿½ Rationale:                 The creek has a poor line of sight, a narrow channel, and a high number
                                                  of private piers and commercial marinas.
                  Ramsey Lake
                     * Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round, and 6 knots
                                                  - At all times, year-round, around the Turkey Point Road Bridge channel.
                     * Change:                    None
                     * Rationale:                 The lake receives heavy weekend use throughout the year. Access is
                                                  restricted by shoaling and the Turkey Point Road Bridge. The shoreline
                                                  is highly developed with private piers and commercial marinas.


                  Riva Road Bridge Area
                     ï¿½ Previous Regulation:       None
                     ï¿½ Change:                    6 knots - At all times, April 15 through October 15
                     ï¿½ Rationale:                 The area receives constant use from April 15 through October 15. Boats
                                                  of all sizes and power classes operate in this area, and bridge pilings
                                                  obstruct the boater's line of sight. Current traffic levels do not support
                                                  speed limits during the non-boating season.






                  South River                                                                                             27
                  Comprehensive Vessel Management Plan






         The speed limit lines are marked at approximately 230 yards below the bridge and 75 yards above the
         bridge.


         Route 2 Bridge Area
            ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                    6 knots - At all times, year-round
            ï¿½ Rationale:                 This area is the busiest and most congested area in the South River.
                                         Boats traverse this area throughout the year, although most activity occurs
                                         between April and November-December. The bridge pilings obstruct
                                         boater's line of sight, and there is high commercial activity on the south
                                         and north shorelines.


         The speed limit line are marked at approximately 500 yards below the bridge and 125 yards above the
         bridge on the southern shoreline.


         Selby Bay
            ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
            ï¿½ Change:                    Moved speed limit line to a point on opposite shore parallel from Long
                                         Point. No change to existing speed limit.
            ï¿½ Rationale:                 Selby Bay receives heavy weekend use throughout the year. The line of
                                         sight is good, and the shoreline is highly developed with private piers and
                                         commercial marinas. The speed limit line was moved to slow vessels
                                         down as they enter Selby Bay because the channel is adjacent to the
                                         highly developed eastern shoreline.
         Upper South River
            ï¿½ Previous Regulation:       None
            ï¿½ Change:                    "Controlled Ski Area" designation for existing permitted water ski course
                                         and jump, year-round. Minimum wake area for area west of controlled
                                         ski area, year-round.
            ï¿½ Rationale:                 This is a traditional slalom course water ski and water ski jump area. The
                                         slalom course and jump are permitted by the U.S. Army Corps of
                                         Engineers. The area offers excellent conditions for competitive water
                                         skiing and jumping. The area also offers high quality wildlife habitat,
                                         such as wetlands and submerged aquatic vegetation, and serves as a
                                         feeding area for resident bald eagles.


         The following restrictions apply to the South River Controlled Ski Area: 1) when the existing permitted
         slalom course or ski jump is in use, all other vessels in the controlled ski area must not exceed a
         minimum wake speed (the minimum speed necessary to maintain vessel steerage); and 2) the placement
         of mooring buoys within 200 feet of the existing permitted slalom course or ski jump is prohibited.











         28                                                                                            South River
                                                                        Comprehensive Vessel Management Plan








                 Warehouse Creek
                    ï¿½ Previous Regulation:       6 knots - Saturdays, Sundays and State Holidays, year-round
                    ï¿½ Change:                    6 knots - At all times, year-round
                    ï¿½ Rationale:                 The creek has a poor line of sight and a narrow channel. There is one
                                                 commercial marina in the creek, and the creek entrance is situated near
                                                 several large commercial marinas. The tributary receives vessel traffic
                                                 throughout the year.

                 Policy Recommendations
                    The following recommendations are policies meant to direct state and local government agencies to
                 improve public safety, protect natural resources and enhance recreation on the South River:

                 1. Marine Sewage Pump-out Facilities
                    To improve ambient water quality, the Department of Natural Resources with its marine sewage
                 pump-out grant program, should focus its efforts to establish additional marine sewage pump-out facilities
                 on the South River. Prime locations for the facilities are the Route 2 Bridge/Riva Road Bridge areas,
                 Glebe Bay and Selby Bay.
                 2. Boat Access Facilities
                    The boat traffic on the South River is heavy, especially on the weekends and holidays. An increase
                 in the number of boat access facilities such as launching ramps may worsen congestion problems. Public
                 expenditures for public boat access facilities should be discouraged, and the approval of private boat
                 access facilities on the South River should be carefully considered by the Department and by Anne
                 Arundel County.
                 3. Shoreline Erosion Study
                    Shoreline erosion has been identified as an important issue on the South River. Determination of boat
                 wake induced erosion is, at best, difficult. Given that the most recent empirical analysis of boat wakes
                 on shore erosion is dated, the Department of Natural Resources should initiate a study using the latest
                 technologies to determine the effects of boat wakes on shoreline erosion.
                 4. Non-Structural Shoreline Erosion Control
                    Given that a natural shoreline is beneficial to the environmental and recreational features of an area,
                 the Department of Natural Resources and Anne Arundel County should continue to support the placement
                 of non-structural shoreline erosion control measures in areas where other measures may deter those
                 features.
                    Full consideration of non-structural shoreline erosion control measures, where appropriate, should be
                 given. When non-structural erosion control is not appropriate, stone revetments or rip-rap should be used.
                 As a final consideration, bulkheads should be placed above the mean high water mark to minimize
                 impacts on shallow bottoms.
                 5. Mooring Devices
                    The placement of individual and group mooring devices pose a potential problem to navigation and
                 to the enjoyment of the State's waterways. The Department of Natural Resources currently regulates
                 mooring devices, but allows local jurisdictions to administer their own programs. The Department should
                 investigate additional management strategies for mooring devices to ensure safe navigation and balanced
                 recreational opportunities on State waterways.








                 South River                                                                                              29
                 Comprehensive Vessel Management Plan






            VH. IMPLEMENTATION, ENFORCEMENT AND MONITORD;G
            The following section details the implementation, enforcement and monitoring efforts of the
         Department of Natural Resources for the South River Comprehensive Vessel Management Plan.

         Implementation
           The implementation of the South River Plan includes the subsequent components:

                         1) Marking - buoys and signs; and
                         2) Boater education.
                 As stated on page 10, approximately 60 buoys and 75 signs are used to mark speed limits and
         other conservation regulations in the South River. The Boating Administration placed an additional 12
         buoys and a number of signs in the South River and its tributaries to better portray the plan's speed limit
         regulations.
                 Boater education performs an important role in creating a "responsible boater" on Maryland's
         waterways, and will play a vital function in the implementation of the South River Comprehensive Vessel
         Management Plan. The Boating Administration is educating the public about the South River Plan through
         the following means:

                         1) Press releases to local newspapers;
                         2) Open houses - invite the public to stop at the Boating Administration office to talk
                         informally with staff about the South River Plan as well as other topics;
                         3) South River Plan brochure - distribute a brochure describing the South River Plan
                         regulations that will be distributed to local marinas, restaurants and other businesses;
                         4) South River Comprehensive Vessel Management Plan - make the plan available to
                         local libraries and, upon request, from individuals; and
                         5) Presentations to local community groups, boating safety organizations, recreational
                         user groups, etc. Presentations are available upon request from organizations.


         Enforcement
                 There are three Natural Resources Police officers stationed at Liberty Yacht Club on the South
         River. The officers are responsible for the enforcement of all State natural resources laws, including
         speed limit regulations, on the South River and the surrounding Chesapeake Bay area. In addition, a
         mobile enforcement team, consisting of two officers, a vehicle and a boat, will provide support and relief
         to the officers stationed at Liberty Yacht Club. The mobile enforcement team is not, however,
         permanently assigned to the South River; they provide enforcement support to Natural Resources Police
         officers across Anne Arundel County.

         Monitoring
                 To assist in the evaluation of the success of the South River Comprehensive Vessel Management
         Plan, the Boating Administration proposes has established an independent review panel that reports and
         recommends changes to the Boating Administration about speed limits on the South River. The panel
         consists of boaters-at-large, area residents, and members of recreational user groups. Members of the
         panel records their observations about conditions on the South River and accepts comments from river
         users. The panel convenes at the end of the boating season to summarize their findings and before the
         start of the boating season to recommend any potential changes to the speed limit regulations.






         30                                                                                            South River
                                                                       Comprehensive Vessel Management Plan







                       VIII. MAP ATTACHMENTS




                               Map I - Tributaries of the South River


                               Map 2 - Speed Limits on the South River Prior to June 8, 1992


                               Map 3 - Commercial Facilities on the South River


                               Map 4 - Natural Resources on the South River


                               Map 5 - Speed Limits and Use Areas on the South River











































                South River                                                                                    31
                Comprehensive Vessel Management Plan
















                                                                   Broad
                                     Flat                          Creek
                                    Creek


                                      Granville                                                             N
                                       Creek

                                                   Wa
                            Beards                Bridge    Boyd Pt.                                        A
                            Creek                             Cove
                                                                       Gingerville
                                                                          Creek

                                        Cedar Pt. Cove                   Church
                                        Warehouse                   ute 2 Creek
                                          Creek                     ridge


                                                                                      Crab
                                        Almshouse                                    Creek
                                           Creek


                                                                            Little Aberdeen Creek
                                 Glebe                                      (Fe /Melvin Pt. Cove)
                                 Creek              Glebe                        Aberdeen
                                                     Bay                           Creek


                                                Brewer
                                                Creek
                                                                                 Harness
                                      Pocallantas                                 Creek
                                         Creek
                                               Limehouse                 Loden
                                                  Cove                   Pond
                                                                              Lake
                                                                           Hillsmere

                                         Selby                                          Duvall
                                          Bay                                           Creek
                                                                                                  Blackwalnut
                                                                                                     Creek
                                                                                    Cherrytree
                                Ramsey                                                Cove
                                  Lake



                                                                                                ster
                                                                                              Creek
                                                                                    Fishi g
                                                                                     C k



                                                                                   South gj*ver
                                  =UTARM
                                                                                  IIANAGEMENr PIAN

                                                                                 State of Maryland
                                                                                 Department of Natural Resources
                                                                                 Boating Administration              map














                                                                         Broad
                                        Flat                             Creek
                                       Creek



                                          Granville
                                           Creek

                                                        RWa
                                                       Bri e
                              Beards                              Bo d Pt.
                               Creek                                gove                                        ....
                                                                               Gingerville
                                                                                 Creek
                                         Cedar Pt. Cove                         Church
                                                                                 Creek
                                                                                          0.
                                           Warehouse
                                               Creek              Route 2
                                                                    B
                                                                    ridge          ..


                                                                                               Crab
                                            Ahnshouse                                          Creek
                                               Creek


                                                                                     Little Ab rdeen Creek
                                    Glebe                                           (Fe    /Melvin Pt Cove)
                                    Creek                Glebe                             Aberdeen
                                                          Bay                                Creek

                                                     Brewer
                                                     Creek
                                                                                          Harness
                                         Pocahantas                                        Creek
                                              Creek
                                                    Limehouse                   Loden
                                                       Cove                     Pond
                                                                                      Lake
                                                                                    Hillsmere

                                               Selby                                              Duvall
                                                Bay                                               Creek
                                                                                                            Blaickwalnut
                                                                                            Cherrytree          Creek
                                   Ramsey                                                       Cove
                                     Lake


                                                                                                        Oyster
                                                                                                         Creek
                                                                                              Fishi g
                                                                                               C



                                     SPEED LHMM                                             South Rjover
                              a"xior to June 8, 1992)

                            6 Knot Ma2dmum
                            at AD 71mes                                                     MANAGEMENT PIAN
                            All Year
                            6 Knot Maximum                                                State of Maryland
                            Sat.. Sun., & State Holidays                                  Department of Natural Resources
                   F-1      All Year                                                      Boating Administration     --          I Map 2















                                                                                                                 .............
                                                                                                                  ..........
                                                                    Broad
                                       Flat                         Creek
                                      Creek
                                                                                                                ...............
                                                                                                              . . . .......-
                                                                                                          ....... ....


                                        GranvWe
                                          Creek

                                                     Rtva
                                                    Bridge
                              Beards                          Boyd Pt.
                              Creek                             Cove
                                                                         Gingerville
                                                                            Creek


                                                  Cedar Pt.               Church
                                                    Cove                   Creek
                                          Warehouse
                                             Creek              ute 2
                                                              Bridge


                                                                                        Crab
                                          Almshouse                                    Creek
                                             Creek


                                                                               Little    rdeen Creek
                                   Glebe                                      (Ferry/Melvin. Pt. Cove)
                                   Creek              Glebe                         Aberdeen
                                                       Bay                            Creek

                                                  Brewer
                                                  Creek
                                                                                   Harness
                                        Pocahantas                                  Creek
                                           Creek
                                                 Lime ouse                   den
                                                    Cove                   Pond
                                                                                Lake
                                                                              Hillsmere


                                                                                            uva.1.1
                                                   Selby                                   Creek
                                                    Bay                                             Blackwalnut
                                                                                                        Creek
                                                                                         errytree
                                   Ramsey                                               Cove
                                    Lake



                                                                                                   ster
                                                                                                Creek
                                                                                        is
                                                                                       Cre



                   COMNERCIAL WATERFRONr FACnXITES                                   South *ver
                         A COMMERCIA1,S MARINAS                                      NLANAGEAMNT PLAN
                         0 RFZrAURANTS
                         Z@@, YACHT CLUB                                           State of Maryland
                                                                                   Department of Natural Resources
                              MARINE SEWAGE PUMP-OUT FAC=                          Boating Administration              map 3


















                                             100,

















































                                                            ...... ......... .



























                 NAITJRAL RESOURCE FEA7URES
                                                                     South JUver
                      TIDAL WETLANDS         @ BALD EAGLE
                                                NESTING SITES,
                      PUBLICLY OWNED LAND       WATERFOWL            MANAGEMENT PIAN
                                                 CONCENTRATION      State of Maryland
                      EAGLE FEEDING &        AREAS                  Department of Natur-al Resources
                      WATERFOWL REFUGE AREAS                        Boating Administration       Mq





                                                                                                                                                         4t'







                                                                                                    . jn


                                                                                                     .....              .......-
                                                                         Broad
                                         Flat                            Creek                              ...
                                        Creek


                                                                                                                       .............
                                           Granville
                                              Creek                                                                . ...... W.:.
                                                                                                                        0,10w:


                                                                                                                         ..........
                                                                                                                 ....... ........
                                                                                                                      ...............
                               Beards                             Boyd   Pt.
                               Creek                                 Cove
                                                                              Gingerville
                                                                                Creek


                                                   Cedar Pt.                    2
                                                       Cove                                    church
                                                                                       -L40 Creek


                                           Warehouse
                                              Creek                                           Crab
                                            Almshouse                                        Creek
                                               Creek


                                                                                   Little Aberdeen Creek
                                    Glebe                                          (Fe /Melvin Pt. Cove)
                                    Creek                 Gle
                                                                                         Aberdeen
                                                           Bay
                                                                                           Creek


                                                     Brewer
                                                      Creek
                                                                                        Harness
                                         Pocahantas                                      Creek
                                             Creek
                                                   Limehouse                   Loden
                                                        Cove                   Pond
                                                                                     Lake
                                                                                  Hillsmere


                                                      . ................
                                                      ...........
                                              'Selby
                                                                                                Duvall
                                                         .........
                                                                                                Creek
                                                       ...........
                                                                                                           Blackwalnut
                                                      ..... .....                                             Creek
                                                                                            Cherrytree
                                        sey
                                                                                              Cove
                                         e


                                                                                                      Oyster
                                                                                                      Creek





                                                                                       Fishing
                                                                                        Creek


                        SPEED IINMS & USE AREAS                                           South Mver
                            6 Knot Maximum                    MDflMTJM WAKE ZONE
                   ME       at AH TImes              F79                                  MANAGEMENT PIAN
                  r---I     6 Kn t Majdmum
                            Sat.. o5un.. & State Holiday- [M  coymo= Slu AREA           state of Mayland
                            35 KNOT DAYMAE,                                             Department of Natural Resources
                            20 KNOT NIGHTrIME                                           Boating Administration                 map 5



                                                                       SOUTH RIVER.,
                                                    Speed Limits and Use Areas*


                                                                                            CONTROLLED SKI AREA                 A portion of the              MINIMUM WAKE AREA                     Areas on the
                                  YEAR-ROU                                                  Upper South River has been designated as a                        South River that have significant natural
                                                                                            controlled ski area.'The following provisions                     resources and/or are often used for passive
                                  6Knots At All                                                                                                               recreational activities are regulated as a
                                                                                            apply to the ski area:
                                                                       x,.@@                                                                                  'minimum wake area.' Minimum wake is
                                                                                            A) when the permitted slalom course or ski
                                  Airnshous -                                                                                                                 defined as the minimum speed necessary
                                                                                            jump is in use, all other vessels must operate
                                  Boyd Poln                                                                                                                   to maintain vessel steerage.
                                  Cedar*Poi                                                 at a minimum wake speed;
                                  :-Gingerville     'Creek                                  B) the placement of mooring buoys within
                                  Granville Cre     Iek
                                                                                            200 feet of the permitted slalom course or ski
                                  Harness Cr ek@l                                           jump is prohibited.
                                  Lake    Hills     "are               . . . . ....
                       Oyster Creek entr            ce                 nel;.,:'.,
                                  Pocahantas Creek
                        Ramsey Lake bridge c annell
                                  Route 2 Bridge ea
                                  Warehouse         r                  kl..

                   6 Knots SaL         Sun.                            oil aw.'...

                                                                       si@
                                     Ramsey:        a
                                                                                                                                                                   Broad
                                                    y
                                                                                                                                                                                                                          N
                                                                                                                                     Flat                          Creek
                                                                                                                                     Creek
                     Minimum Wake Area At MITI m@'es'.':
                                                                                                                                                                                                          k:,e
                                  Beards Creek (upp-                   on                                                                                                                                                                    >
                                                    ova
                                  Cherrytree C
                                      Flat Creek'                                                                            Beards                                Pt.
                                  Upper South River'.:                                                                       Creek                                 e
                                  (r@ Route 50 Brklgs)                                                                                                                  GIngerville
                                                                                                                                                                          Creek

                                                                                                                                                       Ccda, Pt.
                                                                                                                                                       Co C                              Church
                                                                                                                                                                                         Creek


                                                                                                                                        Warehouse
                                  DAVTIME HOURS                                                                                            Creek
                                  Sunrise to Sunset                                                                                                                                      Crab                                                0
                                                                                                                                         Ahnshouse                                       Creek                            X
                                                                                                                                                                                                                          5                  it
                                                                                                                                            Creek

                                  NIGHT171ME HOURS
                                                                                                                                                                             Little Aberdeen Creek
                                  Sunset to Sunrise                                                                                  Clebe                                  (F       /Melvin Pt. Cove)                                       0
                                                                                                                                     Creek             Glebe                         Aberdeen
                                                                                                                                                       Bay
                                                                                                                                                                                     Creek

                                                                                                                                                       Brewer
                                                                                                                                                       Creek
                                         -7777-
                                                                                                                                       Pocahantas                                    Creek
                                                                                                                                          Creek
                       APRIL 15 through OCTOBER,                       5:,e
                                                                                                                                                       Limehouse         Loden
                    35 Knots Daytime/20 Knots N.IghtUme-                                                                                               Cove               Pond
                                                                                                                                                                                Lake
                                                                                                                                                                              Hillsmere
                   Area west of il@es R,            iia 2              Bfidge: to Li i
                                                    OU.
                    Upper'Soyth        Ffivar@@ b @ntroued-ski 4rea@-.                                                                     Selby                                                                                             Cq-
                                                                                                                                                                                         Duvall
                                                    . ......                                                                                Bay
                    This include's B6airas aina                        Broa treekst:,                                                                                                    Creek
                                                                                                                                                                                                    Blackwalnut
                     when         the IS knot: speed,@ llin 104
                                                                       sno in                                                                          P@
                                                                                                                                                                                                        C k
                     affect                                                                                                                                                          Cherr
                                                                                                                                                                                         C Ytrce
                                                                                                                                                                                            v
                                                                                                                                     Lake
                                  6 Knots At All Tirnes
                                                                                                                                                                                                Oyster
                                                                                                                                                                                                Creek
                                  Aberdeen Creek.   I(UPP-1 Ponion)
                                       Crati Craek-,.,.,-,;..
                                  11  Church. Creek@.*z
                                       Duvall Creek:. .'.:J                                                                                                                          Fishing
                                                                       b F
                                                                                                                                                                                     Creek
                                        dlebe@Crdek@:':
                                  Uttle Aberdeen Creek'
                                  Riva Road Bridge area                                                                                                                                                                   M
                                                                                                                     SPEED IMAM & AREA DESIGNATIONS
                                                                       H lid
                      6 Knots Sat., Sun. & State                       oays                                                                                                                                               @N.
                                                                                                                                                                                                                          2
                                  Aberdeen Creek, o-- pod-)                                                                          .1 All Th-
                                  Beards Creek fioww Pow@)-                                                                          6 Knot Man-                        South                   River
                                                                                                                                     6 K@ M@-
                                        BrewerCreek                                                                                  S.L. S... & 51;1- Ii.11d.y.      COWREFIENSIVE VESSEL
                                  Broad                                                                                                                                    MANAGEMEN17 PLAN
                                                                                                                                     35 KNOT DAYnMF.
                                                                                                                                     20 KNCT NIGIM71ME
                                                    C

                                                    &:s



















































                                                                       - ------                                                                                                      State of Maryland
                                                                                                                                     NUMMUM WAKE AREA                    Department of Natural Resources                  N@
                     NATURAL RESOURCES POLICE                                                                                                                               Boating Administration
                                  EMERGENCY TELEPHONE NUMBERS                                                                        coNmouzD sri ARzA                      580 Taylor Avenue. E-4
                                  (410) 267-7740 OR_1-800-628-9944                                                                                                          Ann(aploolils,,MD 21401
                 -- - ---------                                                                                                                                                      4
                                                                                                                                                                                         -74-2918
                                                                                                                                                                                                            two all
                                                                                                                      -e 1-1111e. and services or the     -p.--nl of N"Iural R,-u- - -bble                  to   U
                                                                                                                     thout regard to race, color. rcliglou, sex, age. national origin. physical or =ntLWd   dis@bilny









                                 STATE OF MARYLAND
                         DEPART14ENT OF NATURAL RESOURCES


     IN THE 14ATTER OF:
     PROPOSED NEW REGULATIONS
     COMAR 08.18.25.02 - .05
     SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN
     BEFORE A HEARING OFFICER


                             REPORT AND RECOMMENDATION



                                  I. INTRODUCTION

          I,  Bruce Gilmore, Director of the. Boating Administration,
     Department of Natural Resources, served as the Hearing Officer to
     establish a formal record regarding proposed regulations to implement
     the South River Comprehensive Vessel Management Plan. The regulations
     are proposed as an addition to the Code of Maryland Regulations, under
     COMAR, 08.18.25.02 - .05. The regulations were developed in response to
     citizen   concern    about   decreased    public   safety,     recreational
     opportunities and environmental issues on the South River and its
     tributaries. Some background relating to the South River Comprehensive
     Vessel Management Plan follows.

          In the spring of 1990, in response to letters and telephone calls
     from citizens who were concerned with conditions on the South River, the
     Boating Administration placed several "Notice to Boater" buoys in the
     South River to obtain comments from and to notify rivers users about a
     review of the river's speed limit regulations. Approximately one dozen
     letters and two dozen telephone calls resulted from the placement of the
     buoys.

          In the fall of 1990, the Boating Administration, with the
     assistance of other federal, state and local government agencies,
     collected data and information pertaining to land use, natural resources
     features, . boat    traffic    patterns,   water-dependent      facilities,
     conservation violations and warnings, vessel homeports and navigation
     aids. Also at this time, a mailing list of river users including
     recreational user groups, boating safety organizations, marine trades
     groups, community associations, environmental organizations, boaters-at-
     large and the general public was compiled. Elected officials from the
     South River area were contacted and informed as to the purpose and goals
     of the plan.

          In January 1991, a user survey was performed to obtain comments and
     concerns regarding river conditions and issues. The survey was sent to
     those individuals and groups on the mailing list, circulated to local
     businesses and distributed to local and regional boat licensing offices.
     All those responding to the survey were added to the mailing list.

          To further increase public participation, a joint South/Magothy
     River workshop was held on May 18, 1991. Again, a notification was sent
     to those individuals and groups on the mailing list and released to
     local newspapers. Approximately 40 people attended the sessions for the
     South River. Workshop participants provided comments which were used in
     developing draft proposals for the South River Plan.








           Throughout the summer of 1991, the Boating Administration staff
      continued to collect information on boat use and traffic patterns on the
      river and its tributaries. Based on comments received from letters and
      telephone calls, the user survey and the workshop, a draft of the South
      River Comprehensive Vessel Management Plan and proposed speed limit
      regulations was released in October of 1991. Elected officials from the
      area were notified and briefed on the details of the plan. On October
      30, 1991, a public meeting was held to solicit further opinions and to
      provide the public with a forum to comment on the draft South River
      Plan. Approximately 85 people attended the meeting, of which 35 spoke
      in opposition to or in favor of the plan. Following the meeting,
      approximately 50 letters addressing concerns with the South River Plan
      were received by the Boating Administration.

           The Maryland Boat Act Advisory Committee reviewed the plan at their
      meeting on November 6, 1991, and made recommendations to Dr. Torrey C.
      Brown, M.D., Secretary of the Department of Natural Resources, as is
      their statutory requirement. The Committee voted against several of the
      Boating Administration's speed limit proposals. They believed that the
      presence or absence of boat traffic during the non-boating season should
      be considered when evaluating waterways for speed limit regulations.

           Based on extensive input, which included letters and telephone
      calls, the public meetings and the Boat Act Advisory Committee
      recommendations, the Boating Administration modified their speed limit
      proposals and released a new draft of the South River Plan in February
      1992.


           A public hearing was held to provide the opportunity for public
      comment on the proposed regulations. The hearing was held on February
      26, 1992, from 7:05 P.M. - 8:45 P.M. at Southern Senior High School in
      Harwood, Maryland. Approximately 45 people attended the hearing. Twenty-
      eight (28) people provided verbal testimony on the proposed regulations,
      and 24 exhibits were submitted for the record. Following the hearing,
      forty-two (42) letters were received during the comment period,
      including two speed limit petitions. one of the petitions contained
      approximately 100 signatures from citizens of the South River Landing
      Community and the surrounding communities requesting that the speed
      limit in Almshouse Creek be six knots at all times for the entire year.
      The second petition included eleven signatures of area residents
      requesting that the Boating Administration re-evaluate their speed limit
      proposals. The public hearing record remained open until April 24, 1992.

           Included in the following section is my summary of the issues
      raised at hearing itself and in the comments for the public record, a
      discussion of these issues and my recommendations which are based on a
      careful review of all information submitted for the record, additional
      site visits and further consultations with DNR staff and scientific
      experts.








                                           2









               II. REVIEW OF ISSUES, DISCUSSION & RECOMMENDATIONS


                             MAIN CHANNEL SPEED LIMIT

          Concerns were raised about no maximum speed limit f or the main
     channel below the Route 2 Bridge to the mouth of the river. Testimony
     was presented at the public hearing and letters were received describing
     dangerous situations resulting f rom vessels operating at high speeds,
     large boat wakes, vessel congestion and conflicting recreational uses
     (sailing vs. powerboating, etc.). Suggestions were made to restrict the
     speed of vessels to 35 knots daytime and 20 knots nighttime effective to
     the mouth of the South River.

          The basis for a main channel maximum speed limit on the South River
     is public safety. Above the Route 2 Bridge to the Upper South River
     Controlled Ski Area, there is a proposed main channel maximum speed
     limit of 35 knot daytime and 20 knot nighttime at all times effective
     for the boating season. This is an area that is characterized by: 1)
     heavy boat use during the boating season; 2) a narrow and meandering
     navigable channel; 3) high residential and commercial waterfront
     development; and 4) a variety of recreational activities including water
     skiing,   kayaking,   cruising   and   personal   watercraft     operation.
     Collectively, these conditions compromise public safety in the main
     channel of the South River above the Route 2 Bridge.

          Below the Route 2 Bridge to the mouth of the river, these
     conditions are not necessarily present. While this area experiences high
     volumes of boating activity, high speeds and conflicting uses, the
     navigable channel is wider eastward to the mouth of the river, and
     residential and community waterfront development is low. The Natural
     Resources Police report that most boating violations and warnings on
     this section of the river were not related to high vessel speeds and
     reckless and negligent operation.

          I consulted with a former U. S. Coast Guard marine inspector and
     other boating experts to address the issue of large boat wakes. These
     conversations revealed that a majority of large boats wakes are not
     caused by vessels traveling at speeds in excess of 35 knots. Rather, the
     primary cause of large wakes is vessels traveling at speeds well below
     35 knots, and in many cases, result from boats traveling at less than 20
     knots. The key factor involved in determining the scale of boat wakes is
     hull size and configuration. That is, a large motor cruiser with a
     displacement hull is prone to "throw" more wake than a water ski boat
     with a planing hull. Thus, the issue of boat wakes will not be resolved
     by the imposition of a 35 knots daytime and a 20 knots nighttime speed
     limit.


          In an effort to resolve this issue and educate boaters on the
     impact of boat wakes, I am instructing the Boating Administration to
     increase their "Responsible Boater" campaign through the use of public
     service announcements (PSA), informational brochures and posters, and
     public speaking engagements.




                                         3







           The expression of concern about the main channel speed limit is
      indicative that his issue merits further consideration by the Boating
      Administration. A substantial number of river users are asserting that
      the main channel is dangerous and that they are, on occasion, too
      frightened to recreate with their families and friends on the South
      River on a weekend or holiday.

           To address this public concern, I recommend that the Boating
      Administration undertake the public process to consider a possible
      change to the South River Plan to address this issue in terms of a
      maximum speed limit in some portions of the main channel east of the
      Route 2 Bridge. Such a proposed change would not go into effect before
      the 1993 boating season.

           It should be understood that I am not endorsing such a change in
      the speed limit of the main stem of the South River. Indeed, this issue,
      while raised by many in comments for the public record, has not been
      fully explored in a public process. This process must take place so that
      all interested people and organizations can be aware of this issue and
      can convey to the Boating Administration their views as to its efficacy.
      To impose such a change as part of the plan for the 1992 boating season
      and in absence of a public process would be manifestly unfair to the
      broad boating public. In this respect, I expect the Boating
      Administration to announce this public process soon.



                                 ALMSHOUSE CREEK

           concerns were raised about the 6 knots at all times speed limit
      effective for the boating season. Citizens from the          surrounding
      communities claim that boat traffic after the close of      the boating
      season (October 15) is significant and would cause damage   to personal
      property and jeopardize public safety. Residents also cite  shoaling in
      the main channel as a hazard to navigation. Recommendations were made
      and a petition was submitted to restrict the speed of vessels operating
      in Almshouse Creek to 6 knots at all times effective for the entire
      year.

           The hearing record shows a great deal of support for an all year
      speed limit. In addition to a large number of letters backing the
      recommendation, a petition of approximately 100 signatures was received
      requesting that the Boating Administration review the area and change
      their proposal to a 6 knots at all times speed limit effective for the
      entire year.

           These citizens claimed that boat traffic is heavy in late October
      through December and warrants restriction because of public safety
      concerns. In addition, residents of the South River Landing community
      stated that once underway from their marina they encounter a blind spot
      and a shoal that presents a hazard when boats entering the creek travel
      at speeds greater than 6 knots.    Other comments against the boating
      season proposal included damage to unprotected shorelines and submerged
      aquatic vegetation from boat wakes and other boating-related effects.



                                         4








         Furthermore, the Boating Administration was asked by the
    Londontowne Property Owners Association to include in the public hearing
    record a 1989 speed limit petition from the Association requesting a
    speed limit of 6 knots at all times effective for- the entire year in
    Glebe and Almshouse Creeks. The Boating Administration responded to the
    request, and also included in the hearing record other information from
    their files relating to Almshouse Creek (other information includes a
    petition opposing an at all times, year-round regulation in Almshouse
    Creek).

         The shoaling in the creek on the west shoreline near the South
    River Landing Community marina does not appear to be as extensivd, as
    originally thought, although a vessel with a draft of 4 feet or more
    should exercise caution when navigating in the vicinity. The "blind
    spot" near the South River Landing Community marina as discussed by its
    users is evident due to shoreline vegetation. This may cause a problem
    for small vessels with a low height of visibility. Large vessels,
    however, should not encounter any difficulties with the blind spot.

         A great effort was made by the Boating Administration to enhance
    recreational opportunities on the South River. By proposing boating
    season/non-boating season speed limits, the Boating Administration
    opened areas that were previously regulated year-round to provide
    boaters the occasion to use the waterways for recreation. It was
    reasoned that boating activity decreased significantly after October
    15th and public safety issues and on-water recreational conflicts would
    not be prevalent.

         The Boating Administration's effort is commendable and merits some
    application in the South River as will be discussed in a later section.
    However, upon reviewing Almshouse Creek, I found that the recreational
    opportunity provided by the seasonal speed limit would be minimal at
    best, and that any high speed activity in this creek would compromise
    public safety. The creek is marginal for both water skiing and cruising.
    In fact, in order for water skiing to legally take place, a boat would
    either have to make one pass in the creek and "drop the skier", or the
    boat would have to possess a very tight turning radius and run a
    specific course. The creek is very short in length (approximate 700
    yards), and increased regulation should not pose a great inconvenience
    to boaters traveling at 6 knots throughout the year. There are also
    several community marina facilities in the creek which are used a large
    portion of the year.

         Therefore, given the physical nature of Almshouse Creek and the
    limited recreational potential of the creek, I recommend that the
    Boating Administration amend their current speed limit proposal for
    Almshouse Creek to 6 knots at all times effective for the entire year.









                                        5










                                   BEARDS CREEK

           Concerns were raised about the proposed 6 knots Saturdays, Sundays
      and State Holidays speed limit effective for the boating season.
      Citizens claimed that water skiing and other high speed activities
      throughout the entire year were significant, and would cause property
      damage and jeopardize public safety. Concern over environmental harm
      from boat operation was also apparent. Recommendations were made to
      restrict the speed of vessels to 6 knots at all times effective for the
      entire year, and to extend the minimum wake area north to the Annapolis
      Landing Community marina.

           Field visits to Beards Creek show that waterfront development is
      substantial, however, the development is relatively compact, as opposed
      to scattered, along the shoreline. Accordingly, the creek is wide with
      a good line of sight. Good water skiing and cruising opportunities exist
      for boaters, especially in the lower portion of the creek.

           The public hearing record indicates that recreational/trick water
      skiing is a traditional and popular activity in the upper portion of the
      creek near the vicinity of Scotts Cove. There is not much shoreline
      development near Scotts Cove, but some does exist to the north. While
      shoreline development may present a conflict with water skiing, the
      foremost hazard appears to be the increasing number of moored and
      anchored boats in Beards Creek. Just south of the Annapolis Landing
      Community marina, the Boating Administration reports approximately 20
      moored and anchored boats. While this activity is legal, it may present
      a problem to boats maneuvering in the creek where the channel narrows.

           The Boating Administration's current speed limit proposal for
      Beards Creek is 6 knots at all times effective for the boating season.
      This was proposed in an attempt to provide additional recreational
      opportunities to boaters during the non-boating season when traffic
      levels are much reduced and waterway conflicts are lessened.

           Although the boating/non-boating season proposal is not a popular
      one among many residents along Beards Creek, there is some support
      within the communities along the creek as well as the water skiing
      public for the DNR to undertake new strategies to manage recreational
      use on the State's waterways. I believe that the physical configuration
      of the area and the traditional nature of the use lends itself to the
      application of a seasonal speed limit on Beards Creek. Thus, I recommend
      no changes to the Boating Administration's proposal.

           In addressing the problem of mooring buoys, the Boating
      Administration is currently reviewing Maryland's mooring buoy program
      and collecting information on other mooring programs from across the
      United States. This will hopefully lead to solutions to this issue.
      Additionally, I request the Boating Administration to review non-boating
      season traffic patterns and work with the local water ski community to
      ensure safe and respectful use on Beards Creek.

           Other issues on Beards Creek, including the impact of boat wakes on
      shoreline erosion and disturbance of submerged aquatic vegetation, will
      be addressed in later sections.


                                         6









                                   GLEBE CREEK

          concerns were raised over the proposed speed limit of 6 knots at
     all times effective for the entire year. citizens claimed that boating
     traffic was heavy after October 15th, and that property damage and shore
     erosion would occur due to boat wakes.

          The public hearing record shows that public opinion on Glebe Creek
     is divided. While a large number of area residents support year-round
     regulation, there are also residents who maintain the creek should be
     available for water skiing and other recreational uses.

          The Boating Administration was asked by the Londontowne Property
     owners Association to include in the public hearing record their 1989
     speed limit petition requesting a speed limit of 6 knots at all times
     effective for the entire year in Glebe and Almshouse Creeks. The Boating
     Administration responded to the request, and also included in the
     hearing record other information from their files relating to Glebe
     Creek (other information includes a petition opposing an at all times,
     year-round regulation in Almshouse Creek).

          Water skiing, while not the dominant recreational activity on Glebe
     Creek, appears to be popular among local residents. The area near the
     entrance of the creek is the most often used area for water skiing. Also
     popular in Glebe Creek is swimming, crabbing, sailing and anchoring.
     These activities are prevalent between the months of May and October.

          The issue of non-boating season traffic is a difficult one to
     address. While it is commonly accepted that boat use falls off after the
     middle of October, I realize that weather is a determining factor in
     this issue. That is, if the weather is unseasonably pleasant, boaters
     will be on the water well into late November or early December.

          In an effort to recognize the interests and concerns of both
     groups, the Boating Administration proposed 6 knots at all times
     effective for the boating season. This proposal would provide protection
     to users of the creek during periods when traffic and congestion is
     high, yet allow recreational activities to take place during the time
     when congestion is low.

          While this proposal appears to address any safety concerns and
     offers occasion for high speed recreational boating, there is a concern
     about shoreline erosion. The residents of the Londontowne Community have
     made a large financial investment in protecting their shoreline from
     erosion and are concerned about the impact of boat wakes.

          I recommend no change to the Boating Administration's speed limit
     proposal for Glebe Creek. Although discussed in a later section, I also
     advise that the Boating Administration review boat traffic during the
     non-boating season and investigate the impact of boat wakes on shoreline
     erosion in Glebe Creek.






                                        7










                                     GLEBE BAY

           citizen concerns were raised about the lack of regulation on Glebe
     Bay, especially for the southeast shoreline. Area residents stated that
     water skiing and other power boating activities were occurring too close
     to shore and were affecting submerged aquatic vegetation and impacting
     the property owners ability to participate in more passive recreational
     activities.

           Very few comments, with the exception of comments from residents
     along the southeast shoreline, have been received regarding watercraft
     use in Glebe Bay. Glebe Bay has long been used for a variety of
     recreational activities. Recreational uses include: canoeing, fishing,
     crabbing and sailing. Active uses include: recreational water skiing,
     "tubing" or "bogey boarding" and cruising. As stated in the public
     hearing record, Glebe Bay is large and very wide, and offers
     unobstructed views for boaters and provides fine recreational water
     skiing opportunities.

           Given the nature of the southeast shoreline in that it is
     relatively shallow and undeveloped, it is a popular site for water
     skiing, especially for those individuals wanting to water ski from
     shore. There are, however, some piers and pilings in this area, and
     reports of skiers violating the 100 foot distance requirement are common
     from the residents.

           In an effort to address these concerns, the Boating Administration
     placed "Caution - You Are Responsible For Your    Wake" buoys along the
     southeast shoreline of Glebe Bay. I have also     instructed the Boating
     Administration to provide surrounding community   and commercial marinas
     with brochures and other literature regarding safe and responsible
     boating. Hopefully, this action will lessen the problem and alleviate
     the need for regulation.

           Issues of natural resources impacts from boating will be addressed
     in a later section.



                                 RIVA ROAD BRIDGE


           Two conflicting concerns were raised about the Riva Road Bridge: 1)
     the 6 knots speed limit at all times effective for the boating season
     should be imposed throughout the year due to heavy boat traffic and a
     poor line of sight; and 2) the 6 knots speed limit at all times
     effective for the boating season is too restrictive and unnecessary for
     the weekdays during the boating season.

           The public hearing record indicates great concern about traffic and
     congestion around the Riva Road Bridge. This area can get very
     congested, especially during the boating season. Of primary note, two
     petitions consisting of several hundred signatures were submitted by
     Mike's Crabhouse. The petitions were requesting a speed limit of 6 knots
     at all times effective for the entire year around the Riva Road Bridge.
     Telephone calls and letters relate heavy boat wake action resulting from
     boats going up and down of f plane as they exit and/or enter the area

                                         8








    around the restaurants. A petition of 32 signatures was submitted to the
    Boating Administration opposing any form of week-long speed limit
    restriction. These opponents of week-long restrictions believe that
    traffic levels do not support regulation and that recreational enjoyment
    of the area will be lost.

          Recently, the Natural Resources Police have expressed great concern
    over the fact that the bridge area was not regulated throughout the
    entire year, and have also brought to the attention of the Boating
    Administration the recent construction and modification of the Riva Road
    Bridge by the State Highway Administration. They report that the line of
    sight around the bridge is further diminished by the construction and
    upgrading of the bridge abutments.

          Boating Administration communication with the Anne Arundel County
    Department of Public Works revealed that much of the work entails repair
    of the pilings and caps, and replacing the deck of the bridge. There
    will be no change in the profile of the bridge, i.e. no increase in the
    diameter of the pilings. Much of the existing supporting structure which
    is visible and results in the poor line of sight around the bridge is
    considered "false work". That is, it is temporary in nature and will be
    removed upon completion of the work in November of 1992.

          Boating Administration field personnel conducted a visit to the
    site and found that where the false work and supporting equipment (this
    includes the construction barge) was in place, the line of sight was
    indeed poor. However, the remainder of the bridge area was not affected
    greatly by the construction.

          While the issue of the bridge repair does not appear to be a
    problem outside of the construction phase, I believe that the issues of
    boat traffic and congestion and decreased recreational opportunity
    raised during the comment period are important and should be
    investigated further.

          Therefore, I recommend that the Boating Administration undertake a
    public process to consider a potential change to the speed limit around
    the Riva Road Bridge. Such a proposed change would not go into effect
    before October 1992.



                                 ROUTE 2 BRIDGE


          Concern that the 6 knots speed limit for all times effective for
    the entire year is too restrictive and unnecessary for the weekdays
    during the boating season and during the non-boating season.

          The public hearing record reflects overwhelming support for the
    Boating Administration's proposal. The proponents of the week-long,
    year-round speed limit includes many river users, the commercial
    establishments in the area, live-a-board residents, the Natural
    Resources Police and Boating Administration field staff.




                                        9








           This is reported to be the most active boating area on the South
     River with a variety of sizes and types of watercraft transitting the
     area. There are also several commercial marina establishments in the
     area which generate a large amount of vessel traffic throughout the
     year.

           As part of their proposal, the Boating Administration is
     recommending that the speed limit lines around the bridge be adjusted so
     as to limit the length of the regulated area. On the eastern side of the
     bridge, the speed limit area would be reduced from 900 yards to
     approximately 650 yards. On the western side of the bridge, the speed
     limit area would be reduced along the southern shoreline from 300 yards
     to approximately 150 yards.

           As in other parts of the plan, the Boating Administration is making
     efforts at reducing the amount of regulations without compromising the
     goals of the plan. The hearing record does not reveal serious opposition
     to the Boating Administration's proposal, and I recommend no change to
     the Boating Administration's speed limit proposal for the Route 2 Bridge
     area.




                       UPPER SOUTH RIVER CONTROLLED SKI AREA


           Concerns were raised about the lack of restrictions placed on the
     controlled ski area. Citizens claimed that provisions similar to the
     Severn River Controlled Ski Areas are needed on the South River course
     to establish consistency and understanding among slalom course water
     skiers. Additionally, citizens requested that the Boating Administration
     prohibit the placement of mooring pilings in and around the existing
     slalom water ski course and ski jump, and the construction of bulkheads
     along the shoreline in the vicinity of the slalom ski course and jump.

           The regulations which apply to the Upper South River Controlled Ski
     Area are as follows: 1) when the existing permitted slalom course or ski
     jump is in use, all other vessels in the controlled ski area must not
     exceed a minimum wake speed (the minimum speed necessary to maintain
     vessel steerage) ; and 2) the placement of mooring buoys within 200 feet
     of the existing permitted slalom course or ski jump is prohibited.

           originally,    the Upper South River Controlled Ski Area           was
     envisioned similar to the Maynadier Creek and the Sunrise Beach
     Controlled Ski Areas on the Severn River. That is, water skiers wishing
     to use the course would be required to have their boat inspected by the
     Boating Administration, display an inspection decal, pass a performance
     test, and meet other special provisions set down by the Boating
     Administration.

           However, upon reevaluating the site and reviewing the historical
     and current recreational uses, it was determined that by restricting the
     area to only certain users and watercraft, a large number of boaters
     would be excluded from utilizing this area. Recreational skiers,
     primarily, have used the Upper South River for many years. If the area
     was highly regulated, these skiers would be forced to compete with
     boaters in other parts of the river;           thereby, not only causing

                                          10








     recreational conflicts, but also increasing the potential for boat
     accidents. Hence, the Boating Administration modified its proposal which
     resulted in incorporating only those regulations to support the
     continued use of slalom course water skiing and jumping, but allow other
     recreational activities to continue.

          The hearing record reveals very little opposition to the current
     proposals for the Upper South River Controlled Ski Area. I believe that
     the proposals offer sufficient protection to slalom water skiing and
     jumping, yet allow recreational skiers and others to use the area when
     the existing permitted slalom ski course or jump is not being utilized.

          A concern was raised regarding the placement of structures in the
     vicinity of the existing ski course which would render the slalom ski
     course and jump useless. Specifically, testimony pointed to the
     placement of mooring pilings and bulkheads.

          The construction of bulkheads and the placement of fixed structures
     that may deter the recreational experience of the Upper South River is
     of great concern to the Boating Administration. However, the Boating
     Administration does not have authority over the construction and
     placement of structures in waters of the State. Efforts have been made,
     however, to educate and improve communication among the various resource
     agencies that review and comment on permit applications for piers,
     pilings, bulkheads and other structures. Within the South River Plan,
     the Boating Administration discusses this issue and recommends that
     State and local resource agencies consider the use of non-structural
     shoreline protection measures in areas wherever possible, especially in
     areas where recreational and competitive water skiing is practiced.

          I believe the Boating Administration is adequately dealing with
     this concern through its existing actions. Land use issues, such as the
     construction of bulkheads and piers, fall outside the authority of the
     Boating Administration and cannot be addressed through boating
     regulations.

          I recommend no change to the Boating Administration's proposals for
     the Upper South River Controlled Ski Area.



                                   DUVALL CREEK


          Concerns were raised that boat traffic in Duvall Creek was
     significant in the non-boating season to the detriment of community and
     personal property and the environment, and that the speed limit line be
     extended to the entrance channel day markers.

          The issues of boating/non-boating season speed limits and
     environmental impacts are addressed in later sections.

          Due to shoaling and the narrowness of the entrance channel, the
     recommendation to move the speed limit line to the day markers in the
     entrance channel of Duvall Creek is a good one and should be considered
     by the Boating Administration as it monitors the South River during the
     1992 boating season and as it reviews the plan for the 1993 season.

                                        11








           I recommend that the Boating Administration accept public comment,
     and consult with the Natural Resources Police on the movement of the
     speed limit line.



                        OYSTER CREEK & BLACKWALNUT CREEKS

           Concerns were raised that Oyster and Blackwalnut Creeks are not
     proposed to be regulated with speed limits, with the exception of the
     entrance channel to Oyster Creek at 6 knots at all times effective for
     the entire year. Issues of heavy traffic congestion and environmental
     impacts were of primary note.

           The Boating Administration's proposal for Oyster Creek is to impose
     a speed limit of 6 knots at all times effective for the entire year in
     the entrance channel. According to the Natural Resources Police, most of
     the complaints received and accidents investigated for the Oyster Creek
     area result from boat operation in and around the entrance channel. The
     entrance channel is very narrow and the line of sight is poor. The
     remainder of the creek is wide with unobstructed views for boaters.

           I believe the location of Oyster Creek is also an issue in this
     discussion. Although the creek is situated in close proximity to both
     the South and Severn Rivers, its location on the shoreline of the
     Chesapeake Bay (approximately one mile north of the mouth of the South
     River) and being adjacent to shoal waters does not provide a favorable
     setting for heavy boating activity. Most of the boat traffic on Oyster
     Creek appears to be local in nature.

           Citizen comments cited a dredge project and possible expansion of
     the Oyster Creek entrance channel as potentially increasing boat traffic
     and congestion. Upon consulting with resource managers in the Waterway
     Improvement Program, I found that the dredge project is modest in scope
     (500 cubic yards) and should not increase boating activity in and around
     the creek.

           Blackwalnut Creek has highly restricted access. In fact, it appears
     that most people are unaware that it exists. The entrance channel is
     very shallow and narrow, although the remainder of the creek is
     relatively wide with a good line of sight. Boating activity is limited
     to small motorboats and manually propelled vessels.

           Given the nature of boating activity on both creeks as reported by
     the Natural Resources Police and Boating Administration field staff and
     input received from the public, I do not recommend changes to the
     proposed speed limit regulations.










                                        12








                 BOATING SEASON/NON-BOATING SEASON SPEED LIMITS

          concerns were raised about heavy boat traffic occurring after the
    close of boating season (October 15th) affecting public safety and
    sensitive natural resources. Recommendations were made requesting the
    Boating Administration to propose speed limits effective for the entire
    year. This was an issue in Brewer, Duvall, Crab, Beards, Little Aberdeen
    and Glebe Creeks, and the main channel of the river

          During the full public comment process, there was a great deal of
    discussion over the use of boating season/ non-boat ing season speed
    limits on the South River. Public sentiment expressed throughout the
    hearing period underscored the belief that boat traffic is just as high
    during the non-boating season (October 16th through April 14th) as it is
    during the boating season (April 15th through October 15th) . It is also'
    believed that the boating season/non-boating season speed limits will be
    confusing to users of the waterway and that protection is being taken
    away in creeks where year-round speed limits once existed.

          The criteria used by the Boating Administration was      sound. When
    evaluating the necessity of a speed limit on a creek, several factors
    were considered, such as the number of marinas, slips, piers and boat
    ramps; shoreline development; type of recreational activities; amount of
    boat traffic and area length, width, depth and meander; and the presence
    of sensitive natural resources.

          In areas where the physical configuration of the creek and
    extensive shoreline development posed a safety problem, the Boating
    Administration recommended a 6 knot speed limit at all times effective
    for the entire year. This type of speed limit was determined to be
    appropriate in areas to address all levels of boating traffic. In areas
    where the creek's physical and development features were not necessarily
    a limiting factor, but when combined with high boat traffic levels
    public safety was thought to be compromised, a 6 knot speed limit
    effective for peak boating periods was proposed.

          It is evident that the Boating Administration recognizes the
    problems associated with the imposition of seasonal speed limit
    regulations: 1) frequent boat use on certain portions of the river
    during the non-boating season, especially in October/November and early
    April; 2) confusion and misunderstanding for boaters; 3) difficulty with
    marking speed limits, i.e., the placement of buoys and signs; 4)
    increased expense of posting signs and placing buoys; and 5) problems
    with enforcement of the speed limits and prosecution of violators since
    seasonal limits are not widely understood by the general public and the
    judiciary system.

          However, as evidenced in the public hearing record, other
    individuals and groups within the boating community, such as the water
    skiers and the Boat Act Advisory Committee, support seasonal speed
    limits, and maintain that they allow boaters to partake in recreational
    activities in certain creeks during the periods when vessel traffic is
    light. They also believe that seasonal speed limits offer some equity to
    river users who are not allowed to use creeks that are regulated year
    round.


                                         13








           This is not an easily resolvable issue. on both sides of the issue
     are legitimate concerns. Although the opinions are split on this issue,
     I believe that the use of boating season/ non-boat ing speed limits in the
     South River merit application. The rivers of the State of Maryland are
     public waterways. As recreational demand in the Chesapeake Bay and the
     South River increases, innovative management strategies must be utilized
     to balance use so as not to overburden any groups or individuals.
     Therefore, I recommend no changes to the Boating Administration's
     seasonal speed limit proposals.

           I present this recommendation with some reservation, however. The
     public hearing record shows some misgivings as to the use of seasonal
     speed limits on the South River. Therefore, I include as part of my
     recommendation a request for the Boating Administration to review
     traffic patterns on the South River during the 1992 non-boating season;
     to accept public comment on seasonal speed limits; to work with the
     Natural Resources Police in identifying problem areas; and to make the
     necessary changes to the South River Plan before the start of the 1993
     non-boating season to ensure that the goals of the plan--increasing
     public safety, balancing recreational uses, and protecting natural
     resources--are achieved.

           I also ask the Boating Administration to pay close attention to
     several areas that received less attention and generated few comments
     during the public comment period. Those areas include: Little Aberdeen
     Creek, Duvall Creek and the upper portion of Aberdeen Creek. These areas
     appear to possess some of the same characteristics as the tributaries
     regulated with a year-round speed limit yet are proposed for a boating
     season regulation only.



                                 SHORELINE EROSION

           concern was raised that boat wakes are causing shoreline erosion
     throughout the entire South River system, especially in the creeks and
     coves such as Glebe, Almshouse, Beards, Crab, Oyster and Duvall Creeks.

           The effects of boating and boating activity on the shoreline is
     often a contentious and difficult issue to address. The public hearing
     record reveals that many citizens, including boaters, believe that boat
     wakes cause shoreline erosion. As a result, many citizens are requesting
     that the Boating Administration impose 6 knot speed limits at all times
     effective for the entire year in many of the South River's creeks and
     coves.


           Unfortunately, there is very little scientific literature and
     professional opinion to consult when examining this issue. One of the
     documents I reviewed, however, was a 1980 study by Mr. Chris Ostram and
     Dr. Chris Zabawa entitled "The Role of Boat Wakes in Shore Erosion in
     Anne   Arundel    County,   Maryland",    prepared    by   the    Tidewater
     Administration, Maryland Department of    Natural Resources, which looked
     at the impacts of boat wakes upon shore erosion rates at five sites in
     Anne Arundel County, Maryland. There were several significant findings
     in this report:


                                         14









    1.    There was no increase in shore erosion which could be ascribed to
          boating and boating activities at four out of the f ive study
          sites. (Tropical Storm David was determined to have the greatest
          affect on shoreline change during the study period.)

    2.    Wind waves ranked behind storm events in causing shoreline changes
          over the year of observation, and in all cases, boat wakes
          represented lower levels of wave energy.

    3.    One study site revealed that there was considerable erosion of the
          fastland during the boating season. In this case, the boats passed
          particularly close to shore relative to the other study sites, and
          boat wake energy did not dissipate before reaching the beach. This
          site received the highest boat wake energy during the boating
          season, even though some of the other sites had higher frequencies
          of boat passes.

    4.    The study showed that different types of boats and modes of
          operation of the same boat can produce measurable differences in
          boat wakes.

    5.    The site which experienced the most fastland erosion had all of the
          following characteristics:

               an exposed point of land in a narrow creek or cove;
               fastland consisting of easily erodible material such as sand
               or gravel;
               steep, near-shore gradient on the shoreline profile; and
               location adjacent to a high rate of boating, with local passes
               relatively close to shore.

          According to staff within the Boating Administration's Shore
    Erosion Control Program, only site specific shoreline studies can
    accurately determine the cause(s) of shoreline erosion and the value of
    subsequent speed limit restrictions for the South River and its
    tributaries.

          Given this and other information, I find it difficult to recommend
    the imposition of six (6) knot speed limits at all times effective all
    year on many of the South River's creeks. I also find it difficulti
    though, to disregard the current public sentiment and concern over this
    issue.

          I request, therefore, that the Boating Administration investigate
    shoreline erosion caused by boat wakes on the South River. Specifically,
    I recommend that Beards and Glebe Creeks be included because of their
    physical configuration and the general nature of their shorelines. That
    is, I believe that the shorelines of Beards and Glebe Creeks possess
    some of the characteristics which demonstrate susceptibility to boat
    wakes as mentioned earlier.







                                        15










                           IMPACTS ON NATURAL RESOURCES

          Concerns were raised over the impact of boating on submerged
     aquatic vegetation and nesting bald eagles. Particularly, citizens from
     Glebe Bay, Brewer, Beards, Glebe, Duvall, Crab Creeks are concerned
     about the Boating Administration's proposals, and have recommended six
     (6) knot speed limits at all times effective for the entire year.

          As evidenced in the public hearing record, environmental issues on
     the South River are very important. Citizens point to shoreline erosion
     caused by boat wakes (addressed in the previous section) , disturbance of
     bottom sediments by watercraft operating in shallow water, and
     disturbance of bald eagles by boating activity and vessel noise.

          The hearing record indicates that wave action, boat-induced
     turbidity and "prop-scarring" are felt by many to be the primary factors
     in the decline of submerged aquatic vegetation in the South River. I do
     not challenge that boating, in some instances, may be a contributing
     factor; however, a direct relationship between the decline of submerged
     aquatic vegetation and boating is unsubstantiated.

          A literature review performed by the Boating Administration,
     although not yet complete, includes very little data that supports the
     accounts found in the public hearing record. Most of the studies
     reviewed are undecided and assert that further investigation is needed
     to determine a causal relationship between boating and submerged aquatic
     vegetation decline.

          Personal communication between the Boating Administration and Dr.
     Robert J. Orth, Virginia Institute of Marine Sciences, a co-author of
     the 1990 edition of Distribution of Submerged Aguatic Vegetation in the
     Chesapeake Bay, revealed that the available body of scientific knowledge
     on the subject of boating and its effects on submerged aquatic
     vegetation is very limited. He stated that most work pertaining to
     boating and submerged aquatic vegetation has investigated the incidence
     of physical damage or "prop-scarring" on submerged aquatic vegetation.
     Dr. Orth commented that re-colonization of submerged aquatic vegetation
     along the entire western shore of Maryland f rom the Patuxent River north
     to Susquehanna Flats is very poor, and, he noted, that submerged aquatic
     vegetation recolonization was poor in areas not commonly associated with
     heavy boating activity.

          The most recent work reviewed was a 1991 study of submerged aquatic
     vegetation and water quality in Maynadier Creek in the Severn River near
     Annapolis, Maryland, conducted by Dr. William Dennison of the University
     of Maryland for the Department of Natural Resources, Boating
     Administration. This study was in response to citizen concern over the
     designation of a     "controlled water ski area" by the Boating
     Administration as part of the Severn River Comprehensive Vessel
     Management Plan in 1990. Local residents believed that water skiing
     activity would have a detrimental impact on the ecology of the creek. Of
     particular concern was the impact on submerged aquatic vegetation.




                                        16








         Very briefly, Dr. Dennison found that nutrient (principally
    phosphorus) and sediment loading     were the limiting factors in the
    growth and survival of submerged aquatic vegetation in Maynadier Creek.
    Dissolved phosphorus levels were found to exceed the tolerable limits
    prescribed for submerged aquatic vegetation survival. Fertilizer runoff,
    failing septic systems and other non-point sources were identified as
    the most significant contributors of phosphorus.       Water skiing was
    believed not to have a significant adverse impact on the submerged
    aquatic vegetation. Dr. Dennison stated, however, that it was difficult
    to measure boating impacts on submerged aquatic vegetation in Maynadier
    Creek since few submerged aquatic vegetation exist. This study, like
    many of the other studies reviewed, is inconclusive as to the direct
    impact of boating on submerged aquatic vegetation, and also imparts that
    measurement of these impacts is, at best, difficult.

         While more review is needed, the available professional opinion
    does not support many of the claims represented in the public hearing
    record. However, I do believe it is important to continue researching
    and studying this issue to develop a reliable and creditable data base.

         Therefore, I recommend that the Boating Administration undertake a
    study to analyze the impacts of boating and boating related activities
    on shallow water aquatic ecosystems. An excellent location for this
    study is the upper portion of Beards Creek, a site which is
    characterized by relatively shallow depths, submerged aquatic vegetation
    and moderate boating activity.

         The public hearing record contains comments from citizens who
    believe that boating activity around bald eagle nest sites are
    disturbing the birds and preventing them from nesting successfully.
    Specifically, the comments pointed to a nest site located on Cedar Point
    on the shoreline of Brewer Creek.

         The Boating Administration's proposal for Brewer Creek is a 6 knots
    Saturdays, Sundays and State Holidays speed limit effective for the
    boating season.

         According to wildlife biologists with the DNR's Wildlife Division,
    the nest site on Cedar Point is not utilized currently. Two other nest
    sites, one along the South River near the Route 50 Bridge and the other
    approximately one-half mile inland from the Cedar Point site, are
    active. In past years, the site on Cedar Point was used, and the DNR
    still considers it an active site.

         It is highly questionable that the Cedar Point nest site is vacant
    due to boating activity, and more unlikely that the nest site will
    remain so due to the lack of a year-round 6 knot speed limit. Biologists
    do caution about heavy boating activity around these sites, and request
    that the Boating Administration take action so as not to increase
    boating activity around the nest sites. They do not specify, however,
    nor can they specify, as to what level of activity is harmful to the
    birds.

         Until further research is performed and information gathered on the
    eagles, it is difficult to recommend further boating restrictions in the

                                       17







     areas surrounding the nest sites. It appears that the eagles along the
     South River are adaptable to boating activity. A case in point is the
     nest site near the Route 50 Bridge which has remained active for many
     years even though the surrounding area supports a heavily used water ski
     course and jump.

          I recommend no changes to the Boating Administration's speed limit
     proposals. I also request that communication between the Boating
     Administration and the Wildlife Division be maintained and in the event
     of new information regarding the bald eagles, this issue be
     reinvestigated.



                                  MISCELLANEOUS


          concerns were raised about the width of the main channel near
     Harness Creek being too narrow for vessels to safely navigate on a busy
     weekend or holiday. Recommendations were made to restrict the speed of
     vessels operating in this area.

          The public hearing record  contains verbal testimony and several
     letters which cited safety problems due to narrowness of the main
     channel in the vicinity of Harness Creek. One letter in particular
     stated that the navigable channel was no wider than 250 yards.

          Consultations with Boating Administration field staff reveal the
     navigable channel in this area to be approximately 400 yards wide with
     a good line of sight. It should be noted, however, that a vessel with a
     deep draft may not be able to utilize the entire navigable channel in
     the vicinity of Harness Creek.

          As I discussed in an earlier section, consideration of a maximum
     speed limit on the main channel east of the Route 2 Bridge is necessary
     due to substantial public support for such a speed limit; and I
     requested the Boating Administration undertake a public process to
     investigate this issue.


          A recommendation was made to the Boating Administration to allow
     water skiing to take place in regulated areas during times of little
     boating activity (early mornings).

          The recommendation to allow   water skiing and other high speed
     activities in regulated areas during periods of light traffic deserves
     further discussion by the Boating Administration and the Natural
     Resources Police. At the present time, however, I do not believe that
     time restrictions for recreational activities is a workable solution.

          my primary concerns with this proposal are ease of understanding
     for boaters and the expense of marking the areas with signs and buoys.
     To implement a program of time restrictions, it would require a
     significant boater education and public relations campaign and require
     additional regulatory signs and buoys conveying the time restrictions.



                                       18








         A question was asked of the Boating Administration to explain why
    speed limit proposals for the South River does not conform to the Severn
    River Plan.

         Although the Severn River Comprehensive vessel Management Plan
    serves as a model for the South River Plan, it was not the intention of
    the DNR to duplicate speed limit regulations and area designations.
    Boating patterns, recreational activities and vessel types vary from
    river to river. Although the South and Severn Rivers are located in
    close proximity to Washington, D.C., Baltimore and Annapolis, they serve
    different and varied boating communities. For example, the South River
    is very popular with high performance powerboaters whereas the Severn
    River is popular among sailors.

         In addition, river users are largely responsible for the formation
    of the comprehensive vessel management plans. Through letters and
    telephone calls, public workshops, site visits, and public meetings and
    hearings, river users assist the DNR in developing speed limit proposals
    to be incorporated into the plan.


         concerns were raised about increased traffic and congestion in the
    creeks during times of no regulation resulting from increased speed
    limit restrictions on other tributaries. Concerns were also raised over
    the lack of water skiing opportunities in the Magothy River and the
    potential for water skiers from the Magothy River coming to the South
    River to water ski.

         This is a common concern of the public as evidenced in the hearing
    record. Many people believe that certain creeks will be over-utilized by
    water skiers and other high speed boaters due to increased regulation on
    other creeks and the Magothy River. I do not believe that this situation
    will occur in the case of regulation on the South River's creeks or the
    Magothy River.

         In both rivers, the Boating Administration has identified and
    maintained the most popular and traditional water ski areas. In the
    South River, the lower portion of Aberdeen Creek, Glebe Bay, Beards
    Creek, Broad Creek, and the main channel of the South River above the
    Riva Bridge, remain available to recreational and competitive water
    skiers throughout most of the year. Under the Boating Administration's
    current speed limit proposals, more water skiing opportunities are
    provided through the use of seasonal speed limit regulations and
    designation of a "controlled ski area".

         In the Magothy River, only one traditional water ski area (Eagle
    Cove) is proposed for additional regulation on the weekends of the
    boating season only.








                                       19







           concern was raised over the lack of a main channel speed limit on
     the South River which could influence the future speed limit proposals
     for the Rhode River.

           At the present time, the Boating Administration does not anticipate
     initiating a vessel management plan for the Rhode River. Other river
     systems, namely the Middle and Upper Potomac River, are targeted for
     vessel management plans by the Boating Administration for the coming
     year.

           In the event of a comprehensive vessel management plan for the
     Rhode River, actions taken on the South River should not influence any
     speed limit proposal for the Rhode River.


           concerns were raised that all public comment was not being
     considered when developing speed limit proposals for the South River
     Plan.

           The hearing record indicates that some members of the public do not
     believe that their comments and concerns were properly addressed and
     considered. They relate the fact that their specific speed limit
     recommendations for the river and its tributaries were not incorporated
     into the 1992 February draft of the South River Plan.

           I believe the Boating Administration has fully considered and
     adequately addressed the views of the public during the planning process
     for the South River Plan. It is impossible to incorporate everyone's
     proposals. The final plan is the result of compromise and balance.





     Bruce A. Gilmore, Hearing officer           Date(


















                                          20











                                STATE OF MARYLAND
                         DEPARTMENT OF NATURAL RESOURCES


     ON THE MATTER OF:
     PROPOSED REGULATIONS
     COMAR 08.18.18.05
     COASTAL BAYS PROHIBITED AREAS
     BEFORE A HEARING OFFICER


                            REPORT AND RECOMMENDATIONS




                                  I. INTRODUCTION



          On September 30, 1992, 1, Bruce Gilmore, Director of the Boating
     Administration, Maryland Department of Natural Resources, served as the
     Hearing Officer to establish a formal record regarding proposed
     regulations f or boating prohibited areas in Isle of Wight and Sinepuxent
     Bays, Worcester County, Maryland. The regulations are proposed as an
     addition to the Code of Maryland Regulations (COMAR) , under 08.18.18.05.
     The regulations were promulgated to protect threatened and endangered
     bird species from human disturbance by prohibiting recreational boating
     adjacent to critical habitat areas. Some background information relating
     to the threatened and endangered species and the prohibited areas
     regulation is included in the following section.
          Four endangered and/or threatened bird species are of concern in
     Maryland's Coastal Bays: the Piping Plover, the Gull-billed Tern, the
     Black Skimmer and the Royal Tern. The Piping Plover is listed as
     endangered in Maryland and is on the U.S. Fish and Wildlife Service's
     list of threatened species. The Royal Tern is listed as endangered and
     the Gull-billed Tern and the Black Skimmer are listed as threatened in
     Maryland. These species are among the rarest breeding birds in Maryland,
     and their numbers have significantly declined since the 1950s.
          The reasons underlying these declines are many. By far the most
     important factor is the loss of breeding habitat. In the case of the
     Piping Plover, the additional loss of protected mudflats for feeding has
     also been of great significance. commercial and residential development
     along with recreational activity are the primary causes of this habitat
     loss. For nesting, each of these species require bare sand areas with









     little vegetative cover that are free from mammalian predators. Plovers
     also require easy access to nearby inter-tidal areas (mudflats and
     beaches) for feeding.
          Piping Plovers are solitary nesters. The last remaining Piping
     Plover population in Maryland inhabits the northern Assateague Island
     (primarily north of the Maryland Route 611 Bridge). The inter-tidal
     areas in Sinepuxent Bay along the bay-side of Assateague Island are
     critical foraging habitat for adult and juvenile Plovers. Between 1986
     and 1992, the number of pairs of Piping Plovers breeding on Assateague
     Island has fluctuated between 14 and 25, and reproductive success has
     been very poor. Based on Maryland's record of Piping Plover breeding
     success, current population models indicate that the State's Plovers
     could suffer extinction in the near future.
          Royal Terns, Gull-billed Terns and Black Skimmers are colonial
     nesters that gather in dense groups to breed. There are less than 10
     sites in Maryland where these species nest and most of these are in
     Worcester County. At present, Skimmer Islands in Isle of Wight Bay
     provide the best breeding habitat in Maryland.
          In 1990, 42 pairs of Royal Terns attempted to breed at three sites
     in Worcester County. By season's end they were  only successful at one
     site - Skimmer Islands. This was the first successful breeding attempt
     by Royal Terns in the State since 1982. Eight pairs of Royal Terns
     nested on Skimmer Islands in 1991.    During the summer of 1992, Royal
     Terns again returned to Skimmer Islands and 125 pairs nested.
          The population of breeding Gull-billed Terns in Maryland is very
     low. In the last 10 years, these Terns have been limited to only one or
     two sites in Maryland each year. In four out of the previous eight
     summers they attempted to breed on Skimmer Islands.
         Between 1985 and 1992, the Black Skimmer breeding population has
     varied from 151 to 328 pairs. During this period, Black Skimmers have
     never used more than seven sites during a single year. Over the last
     four years, there has been a trend towards a greater usage of Skimmer
     Islands. Since 1988, the percentage of breeding Black Skimmers in
     Maryland using Skimmer Islands has increased from 8% to 61%.
         The Department of Natural Resources (DNR) has been monitoring

                                        2









    breeding populations of Piping Plovers and 20 species of colonial
    nesting waterbirds. DNR has also been implementing conservation measures
    designed to protect and increase the birds' breeding population. To
    date, most of DNR's efforts have been focused on managing human
    activities in and around critical habitat areas.
         Human disturbance in nesting and chick rearing areas has a serious
    effect on the reproductive success of these four bird species.
    Disturbance at Plover nest sites leaves eggs exposed to predators and
    adverse weather conditions. For Royal Terns, Gull-billed Terns and Black
    Skimmers, these risks are substantially increased as a result of their
    colonial nesting behavior. Because all these species are beach nesters,
    unattended eggs on a hot day are very quickly killed by overheating. In
    nesting colonies, several disturbances on a hot day or during inclement
    weather conditions can result in complete breeding failure at that site
    for an entire season.
         The DNR's initial conservation efforts began in 1987 and included
    posting of islands used by colonial nesting waterbirds. Landowners of
    non-state-owned properties were contacted and asked to restrict access
    by the public via voluntary closures. The goal of this program was to
    identify sites used by Piping Plover and colonial nesting waterbirds as
    significant habitat. It was hoped that recreational boaters would
    voluntarily use other areas, thereby reducing harmful disturbances.
    Posting was pursued only in those areas where human disturbance was a
    problem, primarily Worcester County. Since 1989, the area of most
    frequent conflict, near the ocean City Inlet, has been patrolled each
    summer by an educational waterbird warden to further reduce human
    intrusions on the birds' habitat. These programs reduced and controlled
    disturbance at most of the sites, but were not fully ef f ective on
    Skimmer Islands and Assateague Island.
         By 1991,   it became obvious to DNR wildlife ecologists that     the
    importance of   Skimmer Islands to colonial nesting waterbirds        was
    growing, and that the reproductive success of the Piping Plover on
    Assateague Island continued to be very poor. Despite progress that had
    been made through voluntary closures and public education and
    information, increased protection measures were needed. Further, state

                                        3









      law requires that state agencies take necessary action for the
      protection of species listed as threatened, endangered or in need of
      conservation.
           In February 1991, DNR wildlife ecologists and staff from the
      Boating Administration discussed protection strategies for Piping
      Plovers and colonial nesting waterbirds, including limiting boater
      access to portions of Assateague Island and Skimmer Islands. This effort
      also involved the cooperation of officials from the U.S. National Park
      Service.
            On Skimmer Islands, public access was restricted through the use
      of a regulation existing in Maryland's wildlife codes                 (COMAR
      08.03.02.16) that allows the creation of restricted areas on state-owned
      land. Access to inter-tidal lands, i.e. mudflats and beaches, was
      prohibited through the introduction of new regulations. These
      restrictions were first published in the Maryland Register as an
      emergency regulation on May 1, 1992, and became permanent on August 3,
      1992 (COMAR 08.03.08.11-1). On Assateague Island, the National Park
      Service closed land areas above mean high tide north of Route 611. This
      action prohibited most public access to the island along Sinepuxent Bay
      and closed all of the interior areas where Plovers nested. The ocean-
      side beaches on Assateague Island remained open for public use.
          While these federal and state restrictions were essential to this
      management effort, they alone did not offer sufficient protection to
      the threatened and endangered species. Recreational boaters continued to
      beach their vessels, trespass and release pets in areas critical for the
      birds' survival. A closed water area adjacent to the closed land areas
      was needed as a buf fer to keep boaters at a saf e distance f rom. the birds
      and their habitat.
          In September 1991, a regulation was drafted prohibiting boat access
      to nesting and foraging habitat necessary for the survival of threatened
      and endangered bird species. This was to be ef f ective annually f rom
      April 1 through September 15. In October 1991, the Maryland Boat Act
      Advisory Committee, a 21 member citizen committee that advises the
      Secretary of the Department of Natural Resources on recreational boating
      matters! recommended adoption of the regulation by the Department of

                                          4









     Natural Resources. The regulation was published as an emergency action
     in the Maryland Register on May 15, 1992 to address immediate concerns
     during the 1992 boating season. The proposed permanent regulation (COMAR
     08.18.18.05) was published in the Maryland Register on May 29, 1992.
          In order to comply with federal regulations governing the closure
     of navigable waters, the DNR was issued a Section 10 permit by the
     United States Army Corps of Engineers. This permit allowed the DNR to
     place regulatory buoys designating the restricted areas.
          The legal framework and public notice for the emergency closure was
     completed by July 1, 1992, and buoys and signs were in place by July 10,
     1992. The DNR produced and distributed a brochure to local marine
     businesses and interest groups to inform the public about the boating
     prohibited areas. Meetings with local officials and citizens were also
     held to accept public comments and address concerns about this issue.
          The emergency closure of Skimmer Islands in Isle of Wight Bay was
     in effect until September 15, 1992, and boat access in Sinepuxent Bay
     along the northern portion of Assateague Island was restricted through
     September 1, 1992.
          In August 1992, a public hearing on the proposed prohibited areas
     regulation was requested by local elected officials and citizens to
     provide an opportunity for public comment. The hearing was held on
     September 30, 1992 from 7:05 P.M. - 8:45 P.M. at Stephen Decatur High
     School in Berlin, Maryland. Approximately 25 people attended the
     hearing, and 16 letters were received during the comment period
     following the public hearing.
          Included in the following section is my summary of the issues
     raised at the hearing itself and in the comments for the public record;
     ï¿½ discussion of these issues; and my recommendations which are based on
     ï¿½ careful review of all information submitted for the record, additional
     site visits, and further consultations with DNR staff and scientific
     literature.









                                        5











                II. REVIEW OF ISSUES, DISCUSSION & RECOMMENDATIONS



                        LACK OF RECREATIONAL OPPORTUNITIES



          concerns were raised about decreasing recreational opportunities in
     the Coastal Bays as a result of the proposed regulation and the
     restriction of public access on Skimmer Islands and the northern portion
     of Assateague Island.
          The public hearing record reveals concern that the proposed
     regulation will decrease recreational opportunities in Isle of Wight and
     Sinepuxent Bays.
          While the proposed regulation does preclude boating around Skimmer
     Islands and along the northern portion of Assateague Island, the actual
     amount of navigable water within the restricted areas is very small.
     Along the eastern side of Skimmer Islands, the restriction is limited to
     a buffer of only 100-200 feet off-shore. On the western side, regulatory
     signs were placed on inter-tidal areas or in the water where depths were
     two feet or less at mean low water (MLW) . With the exception of personal
     watercraft, no boats could reasonably navigate these waters.
          Along Assateague Island, the proposed restriction would prohibit
     boating from 100 feet to one-quarter mile off-shore from the northern
     tip of the island for a distance of approximately two miles south in
     Sinepuxent Bay. While this restriction may seem quite large, the actual
     amount of navigable water within the prohibited area is limited because
     of shallow depths. This is especially evident at the southern end of the
     restricted area between day beacons #8 and #10.
          In an effort to lessen the recreational impact of the proposed
     regulation, the National Park Service will provide access for boaters at
     two sites on Assateague Island. The first site, located near the Ocean
     City Inlet, provides an area where boaters can beach their vessels and
     get to the ocean-side beach by means of a designated trail. The second
     site, located just northeast of the Ocean City Airport, also permits
     boaters to beach their vessels and picnic on shore. At this second site,
     however, access to the ocean-side will not be permitted.
          It should be clarified that most of the comments presented at the

                                         6









    public hearing and received during the public comment period expressed
    concern about the closure of the northern portion of Assateague Island,
    Skimmer Islands and the surrounding inter-tidal areas, and not the
    proposed boating restriction. The proposed regulation only restricts
    boating activity in certain parts of Sinepuxent and Isle of Wight Bays
    annually from April 1 through September 15. The location of these
    restricted areas may vary from year-to-year, given the nesting and
    foraging patterns of the birds, and will be established only in waters
    adjacent to federal or state lands where public access is also
    restricted. Land-side and inter-tidal restrictions are accomplished
    through other existing state regulations and by a directive of the
    National Park Service. Those restrictions are described briefly in the
    following paragraph.
         DNR restricts trespassing on Skimmer Islands under an existing
    regulation (COMAR 08.03.02.16). To prohibit public access to inter-tidal
    areas in Isle of Wight and Sinepuxent Bays, a regulation was promulgated
    earlier this year to protect birds while foraging. This regulation
    (COMAR 08.03.08.11-1) prohibits all human activities, including clamming
    and walking. on Assateague Island, the National Park Service closes much
    of the island north of Route 611 between April and September to protect
    nesting Piping Plovers. The ocean-side beaches on this part of the
    island remain open to the public for recreational use.
         Those interested in learning more about the restrictions on Skimmer
    Islands and the inter-tidal areas should contact: Maryland Department of
    Natural Resources, Wildlife Division, 580 Taylor Avenue, E-1, Annapolis,
    MD 21401. Questions about the closure of Assateague Island should be
    directed to: Superintendent, Assateague Island National Seashore,
    National Park Service, Route 611, 7206 Seashore Lane, Berlin, MD 21811.










                                        7












                                  ECONOMIC IMPACT



          concerns were raised about the economic impact of the proposed
     regulation and the effect it would have on marine businesses and tourism
     in Ocean City and Worcester County.
          Although these concerns were raised both at the public hearing and
     during the public comment period, no information or testimony was
     introduced into the hearing record that readily supports this claim. To
     the contrary, information in the public record reveals that the
     endangered and threatened bird species may serve to draw tourists
     (naturalists, birdwatchers, etc.) to Ocean City and Worcester County,
     and therefore provide benefits to the local economy.
          While the emergency regulation was in effect this past summer, DNR
     received only a few negative comments about the regulation's economic
     impact. DNR addressed these comments by meeting with local citizens and
     elected officials in June 1992, and discussing the purpose of the
     regulation and defining the location, size and scope of the boating
     prohibited areas. DNR also affirmed the importance of these species to
     both the environment and economy of Ocean City and Worcester County and
     presented information that detailed non-consumptive recreational uses
     and expenditures in Maryland. This outreach effort was very successful
     in answering the public's questions, and lessened many of the concerns
     about the proposed regulation's economic impact. This information was
     again presented by DNR at the public hearing.
          While the proposed regulation may be an inconvenience to some
     boaters, it does not appear to be a great hinderance to marine and
     boating businesses and the local economy. I should also mention that no
     comments were received from the Ocean City Chamber of Commerce or any
     local business association. The support of the proposed regulation by
     the Maryland State Boat Act Advisory Committee and many of the local
     elected officials also upholds my judgement that the proposed regulation
     will not be detrimental to the local economy.





                                        8











                               VOLUNTARY COMPLIANCE



          A proposal was made to use voluntary compliance as a way to achieve
     protection of the bird species on Assateague Island and Skimmer Islands.
          The proposal of voluntary compliance to protect these endangered
     and threatened species is well-taken. Public and private partnerships
     are important in managing the State's natural resources and improving
     public education and information.
          As mentioned in the introductory section, DNR has engaged in
     volunteer efforts to protect these threatened and endangered bird
     species since 1987. This effort included the posting of signs on islands
     used by colonial nesting waterbirds, and requesting that private
     landowners restrict public access on their property where nest       sites
     were identified. This was and continues to be a successful program
     throughout Maryland. Most boaters respect these voluntary closures and
     utilize other areas for recreation.
          Compliance in Worcester County, specifically near Ocean City, is
     another matter. Posting of signs on Skimmer Islands and Assateague
     Island and patrol efforts by a waterbird warden in these areas has not
     provided sufficient protection to threatened and endangered bird
     species. The boating population of Ocean City during the summer is
     simply too large, transient and diverse for voluntary compliance efforts
     to be totally effective. Along those lines, the National Park Service
     reports that over 25% of the citations and warnings this past summer for
     violations of the Assateague Island closure were issued to local
     residents - those who should respect and be familiar with the
     restrictions.
          Based on this information, I believe that voluntary compliance with
     regard to closed areas on Skimmer Islands and Assateague Island will not
     suffice in protecting these species, and that the proposed boating
     restriction is essential for the birds' long-term survival in Maryland.






                                         9










        DISTURBANCE FROM AIRCRAFT NOISE AND BEACH REPLENISHMENT ACTIVITIES


           concerns were raised that aircraft noise from the ocean city
     Airport and beach replenishment activities in Ocean City are disturbing
     the birds to a greater degree than recreational boating activities.
           Due to the proximity of the Ocean City airport to the northern end
     of Assateague Island, there is the potential for low-flying aircraft to
     disturb nesting or foraging Piping Plovers and other foraging
     shorebirds. Biologists have observed incubating and foraging Plovers
     while aircraft were flying above the area, and in almost all cases, no
     significant behavioral changes were noticed.
           A documented case from New York State reports a situation where a
     Piping Plover was observed to stop foraging and f ly away when the
     Concorde jet took off from Kennedy airport. It was also reported that
     Plovers were disturbed by low helicopter flights. Biologists believe
     that these behavioral changes and disturbances are likely the result of
     the loud noise created by the Concorde and helicopters as opposed to
     disturbance from the presence of aircraft itself.
           With respect to beach replenishment activities, populations of
     Piping Plovers and colonial nesting waterbirds at the northern end of
     Assateague Island and on nearby smaller islands have been monitored for
     the last several years. To date, no reports of direct harm to the birds
     f rom the Ocean City beach replenishment activities have been documented.
     In fact, several nesting pairs of Piping Plovers at the northern end of
     Assateague Island have been observed with no evidence of disturbance
     while boat traf f ic associated with the beach project traveled in and out

     of the Inlet.
           Thus, based on documented observations of Piping Plovers and the
     professional opinions of DNR biologists, I must conclude that it is
     unlikely that aircraft (remaining as high above the island as possible
     during take-of f and landing) from the Ocean City Airport will disturb
     the Piping Plover. Accordingly, as long as vessels and equipment
     associated with the Ocean City beach replenishment project do not
     approach too close to the shoreline or land on the beach on the northern



                                         10









     end of Assateague Island, there should be no detrimental impact to the
     Piping Plover population.


              RECOMMENDATION TO OPEN THE NORTHERN ONE-QUARTER MILE
                   OF ASSATEAGUE ISLAND FOR PUBLIC RECREATION


          A recommendation was made to open the northern one-quarter mile of
     Assateague Island to the public for recreation. Comments suggested that
     this area is not adequate nesting and foraging habitat for the Piping
     Plovers because of its close proximity to the Ocean City Inlet and
     noise. It was also suggested that a "compromise'# could be worked out to
     allow people and birds to share the closed areas.
          As stated earlier, the proposed boating regulation involves only
     the closure of waters to boating in designated areas of Isle of Wight
     and Sinepuxent Bays, and in no way restricts public access on Assateague
     Island or adjacent inter-tidal areas. The National Park Service has
     complete responsibility for managing recreational activities and natural
     resources on the island. It is solely the decision of park officials
     that much of island north of Route 611 be restricted to protect and
     preserve Maryland's Piping Plover population. DNR supports these actions
     and will continue to work with the Park Service to ensure protection of
     this endangered species. However, it must be understood that the
     restriction of public access on Assateague Island is not within the
     jurisdiction of the Maryland Department of Natural Resources.
          It must also be understood that the land, inter-tidal and surface
     water buffer areas that are being restricted to public access for a
     portion of the year are mere remnants of former habitat that once
     supported the bird species. The proposed boating prohibited areas and
     restricted land and inter-tidal areas are the result of a compromise.
     The restricted areas are the minimum size believed necessary to support
     the bird populations. Also, these areas are available to the public
     outside the nesting season (September 16 through March 31), and the vast
     majority of Assateague Island and the Coastal Bays remain open to the
     public year-round.
          In addressing the issue of whether the northern portion of


                                        11









     Assateague Island offers suitable habitat for the Piping Plover, I
     reviewed DNR's testimony as presented during the public hearing and
     discussed this question with DNR wildlife ecologists. All of the
     available information and discussion on this issue asserts that the
     northern portion of the island (area north of Route 611) offers the best
     nesting and foraging feeding habitat for Plovers in the State.



        VEHICLE USE IN NESTING AREAS & RED FOX AND HERRING GULL PREDATION



          Concerns were raised that the use of off-road vehicles (ORV) by
     the National Park Service on the northern portion of Assateague Island
     in conjunction with predation by Red Foxes and Herring Gulls was causing
     significant harm to Piping Plovers.
          To reduce the impact to the fragile dune systems and natural
     resources at the northern end of Assateague Island, management policies
     at Assateague Island National Seashore have long prohibited recreational
     vehicular use with the exception of providing access to Seashore staff
     in instances involving maintenance, enforcement, research, accidents or
     other emergencies.
          For the last several years, the resource management staff at the
     Seashore have taken steps to reduce the impact of vehicular disturbance.
     These steps have included minimizing the number of projects that require
     vehicular access to the northern end of the island and the number of
     maintenance and patrol trips. Further, there are strict rules that
     require traffic to stay in designated areas, primarily away from the
     nesting areas of the Piping Plover. All Seashore staff needing to drive
     to the northern end of the island receive a weekly update on the
     locations and status of the Plovers.
          During the last seven years, predation has been one of the primary
     limiting factors affecting the productivity of Piping Plovers on
     Assateague Island. Although avian predators such as Herring Gulls are
     potential problems, the primary predators are Red Foxes. To reduce the
     mortality of Plover chicks at the egg stage, resource management staff
     at the National Seashore began using "predator exclosures" at the nest
     sites. Exclosures are wire mesh circular or triangular fences placed

                                        12









     around a nest to prevent a f ox f rom eating the eggs. String is also
     placed across the top of the exclosure to prevent gulls and other birds
     from reaching the eggs.
          Although National   Park Service management practices have not
     entirely eliminated disturbance to the birds or predation, the practices
     have been effective in reducing stress to the Plovers, thereby
     increasing hatching success of the eggs and the overall health of the
     population.


      DESIGNATE THE WATERS SURROUNDING REEDY ISLAND AS A PROHIBITED AREA



          A suggestion was made to establish a prohibited area around Reedy
     Island, which is located in Isle of Wight Bay at 57th Street, ocean
     City. The proponent of this proposal stated that Reedy Island supports
     tern and skimmer populations.
          Black Skimmers nested on Reedy Island from 1985 through 1989. They
     abandoned the island f or more secure colony sites, such as Skimmer
     Islands. Common Terns, an abundant species that is neither threatened or
     endangered, continue to nest on Reedy Island.
          Each summer since 1987, Reedy Island has been included in DNR's
     voluntary closure program whereby the island is posted with signs and
     local residents routinely police the area. This combination of posting
     and monitoring is sufficiently effective in reducing human disturbance
     at Reedy Island.
          Since Reedy Island no longer supports breeding skimmers and does
     not offer suitable habitat for Piping Plovers, it is not appropriate to
     restrict boating around this colony site.












                                        13











                         SIGNS IN NESTING & FEEDING AREAS


          A recommendation was made that DNR post better, more visible signs
     in areas used by colonial nesting waterbirds and endangered and
     threatened bird species to inform and educate the public.
          While the emergency boating regulation was in ef f ect this past
     summer, DNR and the National Park Service spent a great deal of time and
     energy signing and buoying the prohibited land and water areas to inform
     the public of these closures.
          On Assateague Island, the Park Service lined the entire shoreline
     of the island from the Ocean City Inlet south for a distance of
     approximately 2.5 miles with signs advising boaters about the land-side
     restrictions. DNR also placed 14 buoys in Sinepuxent Bay to alert
     boaters about the prohibited areas. On Skimmer Islands, DNR encircled
     both islands with buoys and signs to caution boaters about trespassing
     on the islands and the emergency boating restriction.
          To inform the public about the proposed boating prohibited areas
     regulation, DNR will distribute a brochure that describes the purpose of
     the regulation and post a map at local boat launch ramps and commercial
     marinas.
          Skimmer Islands and Assateague Island are the two most heavily
     utilized areas for recreational boating in the Bay system and are also
     the only sites under the proposed boating regulation and other
     restrictions. Therefore it is important that DNR make every effort to
     clearly post the areas and inform the public. Other nesting and feeding
     sites do not require as much signage. Given the importance of this issue
     and the large amount of public interest in the Coastal Bays, DNR should
     replace and upgrade signs in areas where appropriate.


                               PERSONAL WATERCRAFT



          concerns were raised about the operation and use of personal
     watercraft in the Coastal Bays and their impact on the environment.
          The operation of personal watercraft (PWC) on the waters of the
     State is a controversial issue. over the last few years, PWC

                                       14









    registration in Maryland has increased dramatically to almost 3,800
    vessels (1991 data). With this increase has come problems with safety,
    recreation, and most recently, the environment. In the Coastal Bays,
    these problems are especially apparent because the Ocean City region
    supports the greatest number and concentration of PWCs in the State.
         There are regulations that govern the use of PWCs on all of
    Maryland's waters. Very briefly, the following are the main components
    of the regulations:

              PWC operators must be 14 years old or older;

              All persons on-board a PWC must wear a U.S. Coast Guard
              approved personal flotation device;

              PWC operation is prohibited between sunset and sunrise;

              on Maryland waters other than the Atlantic Ocean, PWCs cannot
              be operated in excess of 6 knots when approaching within 100
              feet of a vessel, shore, wharf, piling, pier, bridge
              structure, abutment, or people in the water; and

              on waters of the Atlantic Ocean, PWCs may not be operated
              within 300 feet of people in the water or surf fishermen, and
              at a speed in excess of 6 knots when approaching within 100
              feet of a vessel, wharf, pier or jetty.


         At the present time, the impacts of personal watercraft on the
    environment are largely unknown. DNR, however, does encourage PWC
    operators to restrict their use to waters where the impact on sensitive
    natural resources, such as submerged aquatic vegetation, waterfowl and
    threatened and endangered species, is limited. Federal and state law
    currently prohibits disturbance of waterfowl from or in any type of
    boat. Additionally, in waters designated as a minimum wake zone, PWCs
    are restricted to operating at a minimum wake speed (minimum speed
    necessary to maintain steerage under existing wind and weather
    conditions).








                                       15











                        VOLUNTEER ENFORCEMENT AND MONITORING



           A recommendation was made to use volunteers to enf orce the proposed
      regulation and other conservation restrictions.
           Volunteers are utilized by the DNR on various conservation projects
      around the State. While this recommendation is well-taken, it is not
      legal for citizen volunteers to enforce Maryland's conservation laws and
      regulations.



                  LACK OF PUBLIC NOTICE FOR THE PUBLIC HEARING &

                          SCHEDULING ANOTHER PUBLIC HEARING



           concerns were raised that DNR did not give sufficient notice of the
      September 30, 1992, public hearing held at Stephen Decatur High School
      on the proposed boating prohibited areas, and that DNR should hold
      another public hearing.
           Although I understand that certain individuals were unaware of the
      September 30 public hearing, I can find no legitimate basis for
      scheduling another public hearing. Two weeks prior to the hearing,
      public notices were sent to three Worcester County news publications:
      the Maryland Coast Dispatch, the Maryland Times Press and the Worcester
      County Messenger. The notice stated the purpose of the proposed
      regulation, the time and place of the hearing, and the expiration date
      for the hearing record. The emergency and the proposed regulations were
      widely published throughout the summer in local newspapers and announced
      over the radio. In fact, the Department of Natural Resources exceeded
      the legal requirement for a public meeting notice in an effort to
      solicit input from interested citizens and organizations.







      Pruce A. Gilmore, Hearing Officer        Date



                                         16






                                                             I              PROPOSED ACTION ON REGULATIONS                                                                     679


                         Long. 76'2545.69"W., a line -running 272* True to the oppo-                     This area has a 6-knot (6-9 MPH) speed limit all year.
                         site shore, Lat. 39'02146.59" N,-, Long. 76*2547.08"W., and                       L Sillery Bay, the area of Dobbins Island and Little Island
                         running upstream to a line beginning at a point Lat.                            beginning at a point Lat. 39'04'41.95"N., Long.
                         39*02'38.98"N., Long. 76025'45.90" W, and running to the op-                    76'27'50.51 " W. (west end of Dobbins Island), a line running
                         posite shore, Lat. 39 '10239.59,"N., Long. 76'25'50.71 " W. This                northerly 003* True to Lat. 39*05'00.65"N., Long.
                         area has a 6-knot (6.9 MPIV speed limit all year.                               76'2749.06" W. (west end of Little Island), then easterly follow-
                              (2) The Upper Little Magothy River encompasses the area                    ing the shoreline to Lat. 39'05'02.93"N., Long.
                         from a point Lat. 39002'16.09"N., Long. 76*25'57.59"W., a                       76'2743.70"W.(east end of Little Island), then southerly 152,
                         line running 122* True to the opposite shore, Lat.                              True to Lat 39'04'43.80"N., Long. 76'27'30.87" W.(east end of
                         39*02'13.31"N., Long. 76*2551.88"W., and running to the                         Dobbins Island), then westerly following the shoreline to the
                         head of the river. This area has a 6-knot (6.9 MPH) speed limit                 point of beginning. This area has a 6-knot (6.9 MPH) speed
                         all year.                                                                       limit all year.
                         pli H. Spriggs Pond encompasses the area beginning at the                         J. James Pond encompasses the area beginning at the mouth
                         mouth of the pond, Lat. 39'03'58.30"N., Long.                                   of thepond, Lat 39'05'35.73"N., Long. 76-26'11.96" W., aline
                         76*29'50.06"W., a line running 147* True to the opposite                        running 106 * True to the opposite shore, I-at 39 005'34.83 " N.,
                         shore, Lat. 39*03'57.46"N., Long. 76'2949.36"W., and run-                       Long. 76*26'07.85"W., and running to the head of the pond.
                         ning to the head of the pond This area has a 6-knot (6.9 MPTI)                  This area has a 6-knot (6.9 MPH) speed limit all year
                         speed limit all year.                                                                                                  TORREY C. BROWN, M.D.
                         .05 Magothy River North Shore.                                                                                     Secretary of Natural Resources
                            A. The Magothy River north shore areas, with their corre-
                         sponding speed limits, are set forth in ï¿½ï¿½B-J of this regula-
                         tion.                                                                               Subtitle 18 BOATING: SPEED LIMITS AND
                            B. Blackhole Creek encompasses the area beginning at the
                         mouth of the creek, Lat. 39'04'51.15"N., Long.                                                   OPERATION OF VESSELS
                         76*29'49.96"W., a line running 080' True to the opposite                        08.18.25 South River
                         shore, Lat. 39*04'52.05"N., Long. 76*2943.39"W., and run-
                         ning to the head of the creek, including all tributaries. This                                Authority: Natural Resources Article, ï¿½8-704,
                         area has a 6-knot (6.9 MP11) speed limit all year.                                                     Annotated Code of Maryland
                            C. Broad Creek encompasses the area beginning at a point
                         Lat. 39005'09.40"N., Long. 76*2846.19"W., a line running                                           Notice of Proposed Action
                         270* True to the opposite shore, Lat. 39*05'09.40"N., Long.                                                     (92-088-P]
                         76*28'59.86"W., and running to the head of the creek. This                        The Secretary of Natural Resources proposes to amend Reg-
                         area has a 6-knot (6.9 MPIV speed limit all year.                               ulation .01, repeal existing Regulations .02-.04 and adopt
                            D. Cornfield Creek encompasses the area beginning at the                     new Regulations .02-.05 under COMAR 08.18.25 South
                         mouth of the creek, Lat. 39*05'34.35"N., Long.                                  River.
                         76*26'24.65"W., a line running 063' True to the opposite
                         shore, Lat. 39'05'37.26"N., Long. 76*26'17.33"W., and run-                                            Statement of Purpose
                         ning to the head of the creek. This area has a 6-knot (6.9 MP11)                  This action will re-establish existing speed limits, create
                         speed limit all year                                                            new speed limits and provide for a controlled ski area in the
                            E. Grays Creek encompasses the area beginning at the mouth                   South River.
                         of the creek, Lat, 39 *05'1 7.20"N., Long. 76*2752.20" W., a line                                Estimate of Economic Impact
                         running 037' True to the opposite shore, Lat. 39*05'19"N                  *'      I. Sununary of Economic Impact. These regulations will require
                         Long. 76'27'50.46"W., and running to the head of the creek.                     the purchase and installation of buoys and signs for marking the var-
                         This area has a 6-knot (6.9 MPH) speed limit all year.                          ious speed limit areas, and the distribution of information to the pub-
                            F. The inner harbor of Gibson Island encompasses the area                    lic.
                         beginning at a point Lat. 39*05'23.09"N., Long.                                 H. Types of                            Revenue(+)
                         76*25'47.13" W.(Purdy Point), a line running 050' True to the                   Economic Impacts.                      Expense                 Magnitude.
                         opposite shore, Lat. 39*05'28.16"N., Long. 76'2539.40"W.,
                         and running upstream to the head of the harbor, including                         A. On issuing agency:
                         Redhouse Cove. This area has a 6-knot (6.9 MPI-V speed limit                        Boating Administration                                        $27,022
                         all year.                                                                         . B. On other State or local agen-
                            G. Magothy Narrows, except James Pond and Cornfield                          cies:                                        NONE
                         Creek encompasses the area beginning at a point Lat.                                                                   Benefit(+)
                         39005'13.78"N., Long. 7602639.52"W., a line running 0000                                                                 Cost                  Magnitude
                         True to the opposite shore, Lat. 39005'40.98"N., Long.                            C. On regulation industries or
                         76'26'39.52 " W., and running upstream to a line beginning at                   trade groups:                                NONE
                         a point Lat. 39005'23.09"N., Long. 7602547.13"W. (Purdy                           D. On other industries or trade
                         Point), and running 050' True to the opposite shore, Lat.                       groups:                                      NONE
                                                                                                           E. Direct and indirect effects on           (+)                Undeter-
                         39005'28.16"N., Long. 76'2539.40" W. This area has a 6-knot                     public:                                                           minable
                         (6.9 MPEV speed limit Saturdays, Sundays, and State holidays,
                         during the boating season only, which is April 15 through Oc-                       111. Assumptions. (Identified by Impact Letter and Number
                                                                                                         from Section 11.)
                         tober 15.                                                                         A. Will require 14 new buoys costing $1,941.80. This includes
                            H. Ross Cove encompasses the area beginning at the mouth                     shackles, chains, and weights, and 6 new signs and posts costing $81.
                         of the creek, Lat 39*05'14.15"N., Long. 76*30155.19" W., a line                 Expenditures are anticipated to rise approximately 4 percent per year
                         running 090* True to the opposite shore, Lat. 39*05'14.15"N.,                   for buoys, and 4 percent every 3 years for signs and posts. There are
                         Long. 76'30'53.86 " W., and running to the head of the cove.                    currently 25 buoys and 75 signs and posts. Costs for the current buoys,


                                                             MARYLAND REGISTER, VOL. 19, ISSUE 6 FRIDAY, MARCH 20,1992







                    680                                              PROPOSED ACTION ON REGULATIONS


                    signs and posts have been provided for in the current budget. Public        76*3424.75"W., upriver to a line beginning at a point Lat.
                    information brochures (25,000) will be distributed to marinas, boat         38'58'08.16"N., Long. 76*36'00.83"W., and running 068'
                    dealers, marina supply stores, and through boat registration renewal.       True to Lat. 38*58'10.88"N., Long. 76*3552.27" W. This area
                      E. There may be an indirect effect on tourism and boating services        has a:
                    in the South River.                                                             (1) 20 knot (23 MP11) speed limit, sunset to sunrise (nights),
                                  Opportunity for PubUc Conunent                                during the boating season only, which is April 15 through Oc-
                      The Department of Natural Resources held a public hearing                 tober 15.
                    concerning these regulations on February 26, 1992. Notice of                    (2) 35 knot (40.25 MPH) speed limit, sunrise to sunset (day-
                    the public hearing was published in 19:3 Md.R 329 (February                 light), during the boating season onlywhich is April 15
                    7, 1992) and in local newspapers twice during the week of Feb-              through October 15.
                    ruary 17, 1992.                                                               F The Route 50 bridge area encompasses the area beginning
                      Written comments may be sent to Daniel Ciekot, Boating                    at a point Lat. 38*5838.05"N., Long. 76*3621.21"W., a line
                    Administration, Tawes State Office Building, Annapolis                '     running 070' True to the opposite shoreI Lat. 38'5841.13"N.,
                    Maryland 21401 or call (410) 974-2916 until the close of busi-              Long. 7636.10.37" W., and running to the head of the river.
                    ness on April 24, 1992.                                                     This area has a minimum wake zone all year.
                    .01 South River.                                                            .03 South River South Shore.
                      The South River encompasses all the waters of the South                     A. The South River south shore areas, with their correspond-
                    River and its tributaries westerly of a line from Lat.                      ing speed limits, are set forth in ï¿½ ï¿½B-L of this regulation.
                    38*54'26.64"N., Long. 76'27'36.46"W. (Thomas Point), run-                     B. Almshouse Creek encompasses the area beginning at the
                    ning 228' True to the opposite shore, Lat. 38*53'11.45"N.,                  mouth of the creek, Lat. 38*56'41.71"N., Long.
                    Long. 76'29'24.68"W. (.Saunders Point).                                     76'3236.47"W., a line running 168' True to the opposite
                                                                                                shore, Lat. 38*5633.50"N., Long. 76*3234.23"W., and run-
                    .02 South River P)-oper.                                                    ning to the head of the creek. This area has a 6-knot (6.9 MPH)
                      A. The South River proper areas, with their corresponding                 speed limit, during the boating season only, which is April 15
                    speed limits, are set forth in ï¿½ ï¿½B-F of this regulation. The Up-           through October 15.
                    per South River Controlled Ski Area is part of the South River                C. Beards Creek.
                    Proper and the requirements for this area are set forth in Regu-                (1) Lower Beards Creek encompasses the area beginning at
                    lation .05 of this chapter.                                                 the mouth of the creek, Lat. 38*57'01"N., Long.
                      B. The Route 2 bridge area encompasses the area beginning                 76'34'16.60 " W. (Cedar Point), a line running 280' True to the
                    at a point Lat 38'5645.97"N., Long. 76*33'05.49" W., a,line                 opposite shore, Lat. 38057'02.52"N., Long. 76*3427.64"W.,
                    running 035' True to the opposite shore, Lat. 38*57'05.69 IN.,              and running up the creek to a line beginning at a point Lat.
                    Long. 76*3248.13"W.(Shadow Point), upriver to a line begin-                 38'56'10.75"N., Long. 76'34'57.50"W., and running 000'
                    ning at a point Lat 38*5658.56"N., Long. 76*3326.49"W.,                     True to the opposite shore, Lat. 38*56'17"N., Long.
                    and running 000' True to the opposite shore, Lat.                           76*3457.50" W. This area has a:
                    38*57'23.06"N., Long. 76*3326.49" W. This area has a 6-knot                        (a) 6-knot (6.9 MPH) speed limit Saturdays, Sundays,
                    (6.9 MPH) speed limit all year.   'These coordinates are approxi-           and State holidays, during the boating season only, which is
                    mately 500 yards below the bridge and 465 yards above the                   ApCil 15 through October 15;
                    bridge.                                                                            (b) 20 knot (23 MPH) speed limit, weekdays, sunset to
                      C. The area between Riva Bridge and the Route 2 Bridge en-                sunrise (nights), during the boating season only, which is April
                    compasses the area beginning at a point Lat. 38'5658.56"N.,                 15 through October 15;
                    Long. 76*3326.49" W., a line running 000' True to the opposi-                      (c) 35 knot (40.25 MPH) speed limit, weekdays, sunrise to
                    teshore, Lat 38'5723.06 " N., Long. 76'3326.49 " W., upriver to             sunset (daylight), during the boating season only, which is
                    a line beginning at a point Lat. 38'57'14.15"N., Long.                      April 15 through October 15;
                    76 *34'20.50 " W., and running 020' True to the opposite shore,                 (2) Upper Beards Creek encompasses the area beginning at
                    Lat. 38'5728.95"N., Long. 76*34'13.60"W. This area has a:                   apointLat. 38*56'10.75"N., Long. 76*3457.50"W., alinerun-
                        (1) 20 knot (23 MPH) @peed limit, sunset to sunrise (nights),           ning 000* True to the opposite shore, Lat. 38*56'17"N., Long.
                    during the boating season only, which is April 15 through Oc-               76'3457.50"W., and running to the head of the creek. This
                    tober 15.                                                                   area has a minimum wake zone all yean
                        (2) 35 knot (40.25 MPH) speed limit, sunrise to sunset (dq)4              D. Brewer Creek encompasses the area beginning at the
                    light), during the boating season only, which is April 15                   mouth of the creek, Lat. 38*55'33.70"N., Long.
                    through October 15.                                                         76*31'35.55"W., a line running 080* True to the opposite
                      D. The Riva bridge area encompasses the area beginning at a               shore, Lat.38*5535.16"N., Long. 76'31'24.66"W., and run-
                    point Lat. 38'57'14.15"N., Long. 76'34'20.50" W., a line run-               ning up the creek to a line beginning at a point Lat.
                    ning 020' True to the opposite shore, Lat. 38*5728.95"N.,                   38*5526.08"N., Long. 76*31'32.40"W., and running 328'
                    Long. 76*34'13.60" W., upriver to a line beginning at a point               True to the opposite shore, Lat. 38'5528.48"N., Long.
                    Lat. 38'57'12.18"N., Long. 76'3432.64"W., and running                       76'31'34.33"W. This area has a 6-knot (6.9 MPH) speed limit
                    020' True to the opposite shore, Lat. 38'5729.10"N., Long.                  Saturdays, Sundays, and State holidays, during the boating
                    76'34'24.75" W. (Addison Point). This area has a 6-knot (6..9               season only, which is April 15 through October 15.
                    MPI-V speed limit during the boating season only, which is                    E. Flat Creek encompasses the area beginning at a point Lat.
                    April 15 through October 15. These coordinates are approxi-                 38'5738.47"N., Long. 76'3541.83"W., a line running 135'
                    mately 236 yards below the bridge and 75 yards above the                    True to the opposite shore, Lat. 38*57'35.28"N., Long.
                    bridge.                                                                     76'35'37.76"W., and running to the head of the creek. This
                      E. The area between the Riva Bridge and the controlled ski                area has a minimum wake zone all vear.
                    area encompasses the area beginning at a point Lat.                           F. Glebe Creek encompasses the a*rea beginning at the mouth
                    38'57'12.18"N., Long. 76*3432.64'W., a line running 020'                    of the creek, Lat. 38*5547.80"N., Long. 76'3227.69" W., a line
                    True to the opposite shore, Lat. 38*5729.10"N., Long.                       running 267" True to the opposite shore, Lat. 38'5547.38"N.,

                                                     MARYLAND REGISTER, VOL. 19, ISSUE 6 FRIDAY, MARCH 20,1992








                                                                     PROPOSED ACTION ON REGULATIONS                                                              681


                     Long. 76-32'37.92"W., and running to the head of the creek.               line running 072* True to the opposite shore, Lat.
                     This area has a 6-knot (6.9 MPID speed limit, during the boat-            38*5722.50"N., Long. 76'3356.50"W., and running to the
                     ing season only, which is April 15 through October 15.                    head of the cove. This area has a 6-knot (6.9 MPR@ speed limit
                        G. Granville Creek encompasses the area beginning at the               all year.
                     mouth of the creek, Lat. 38'5726"N., Long. 76'3455.75" W, a                  D. Broad Creek.
                     line running 270' True to the opposite shore, Lat. 3805726"N.,                 (1) Lower Broad Creek encompasses the area beginning at
                     Long. 76 *3458.20 " W., and running to the head of the creek.             the mouth of the creek, Lat. 38*57'31.61"N., Long.
                     This area has a 6-knot (6.9 MPR) speed limit all year.                    76'3436.63 " W. (Porter Point), a line running 109 0 True to the
                        H, Pocahontas Creek encompasses the area beginning at the              opposite shore, Lat. 38*5728.74"N., Long. 7603425.97"W.
                     mouth of the creek, Lat. 38'55'26.08"N., Long.                            (Addison Point), and running up the creek to a line beginning
                     76*31'32.40"W., a line running 328' True to the opposite                  at a point Lat. 38'58'05.92"N., Long. 7603432.16"W., and
                     shore, Lat. 38*5528.48"N., Long. 76'31'34.33"W., and run-                 running 2700 True to the opposite shore, Lat. 38*58'05.92"N.,
                     ning to the head of the creek. This area has a 6-knot (6.9 MP11)          Long. 76 03439.62 " W. This area has a:
                     speed limit all year.                                                            (a) 20 knot (23 MPH) speed limit, sunset to sunrise
                        L Ramsay Lake.                                                         (nights), during the boating season only, which is April 15
                          (1) The Turkey Point bridge area at Ramsay Lake encom-               through October 15;
                     passes the area 25 yards on both sides of the Turkey Point road                  (b) 35 knot (40.25 MP11) speed limit, sunrise to sunset
                     bridge. This area has a 6-knot (6.9 MPID speed limit all year.            (daylight), during the boating season only, which is April 15
                          (2) Ramsay Lake encompasses the area beginning at the                through October 15.
                     mouth of the creek, Lat. 38*54'18.30"N., Long.                                 (2) Upper Broad Creek encompasses the area beginning at
                     76'29'39.93"W., a line running 146' True to the opposite                  a point Lat. 38 *58'05.92"N., Long. 76*3432.16"W., a line run-
                     shore, Lat. 38*54'14.18"N., Long, 76*2936.34"W., and run-                 ning 270' True to the opposite shore, Lat. 38*58'05.92"X,
                     ning up the creek to 25 yards south of the Turkey Point road              Long. 76 *3439.62 " W., and running to the head of the creek.
                     bridge, including all tributaries. This area has a 6-knot (6-9            This area has a:
                     MP11) speed limit Saturdays, Sundays, and State holidays, all                    (a) 6 knot (6.9 MP11) speed limit Saturdays, Sundays,
                     year.                                                                     and State holidays, during the boating season only, which is
                        J. Selby Bay encompasses the area beginning at the mouth of            April 15 through October 15,
                     the creek, Lat 38'5441.20"N., Long. 76*3021.52"W., a line                        (b) 20 knot (23 MP11) speed limit, weekdays, sunset to
                     running 136* True to the opposite shore, Lat. 38*5427-75"N.,              sunrise (nights), during the boating season only, which is April
                     Long. 76*30'04.74 " W., and running up the bay to 25 yards                15 through October 15.
                     north of the Turkey Point road bridge including all tributaries.                 (c) 35 knot (40.25 MPH) speed limit, weekdays, sunrise to
                     This area has a 6-knot (6.9 MPI-V speed limit Saturdays, Sun-             sunset (daylight), during the boating season only, which is
                     days, and State holidays, all year.                                       April 15 through October 15.
                        K. Cedar Point Cove (Spring Lake) encompasses the area be-                E. Cherrytree Cove encompasses the area beginning at the
                     ginning at the mouth of the cove, Lat. 38*57'01.28"N., Long.              mouth of the cove, Lat 38*55'12.37"N., Long. 76'2851.40"W.,
                     76'33'54.94"W., a line running 076' True to the opposite                  a line running 312' True to the opposite shore, Lat.
                     shore, Lat 38*57'01.68"N., Long. 76'3352.85"W., and run-                  38'5522.53"N., Long. 76'29'05.75"W., and running to the
                     ning to the head of the cove This area has a 6-knot (6.9 MPI-V            head of the cove. This area has a minmum wake zone all year.
                     speed limit all year.                                                        F Church Creek encompasses the area beginning at the
                        L Warehouse Creek encompasses the area beginning at the                mouth of the creek, Lat. 38*57'06.73"N., Long.
                     mouth of the creek, Lat. 38*5644"N., Long. 76*33'11.40"W., a              76 *3224.14 " W., a line running 084 * True to the opposite
                     line running 157 * True to the opposite shore, Lat. 38 056'41 "N.,        shore, Lat. 38*57'07.36"N., Long. 76*32'16.50"W., and run-
                     Long. 76*33'09.80"W., and running to the head of the creek.               ning to the head of the creek. This area has a 6-knot (6.9 MPH)
                     This area has a 6-knot (6.9 MPH) speed limit all year.                    speed limit, during the boating season only, which is April 15
                     .04 South River North Shore.                                              through October 15.
                        A. The South River north shore areas, with their correspond-              G. Crab Creek encompasses the area beginningat the mouth
                     ing speed limits, are set forth in ï¿½ ï¿½B-L of this regulation.             of the creek, Lat. 38 *57'07.46 " N., Long. 76'32'05.69 " W., a line
                        B. Aberdeen Creek.                                                     running 080* True to the opposite shore, Lat 38*57'12"N.,
                          (1) Lower Aberdeen Creek encompasses the area beginning              Long. 76 *31'55.73 " W., and running to the head of the creek.
                     at the mouth of the creek, Lat. 38056130.99"N., Long.                     This area has a 6-knot (6.9 MPh@ speed limit, during the boat-
                     76*31'24.18"W., a line running 094' True to the opposite                  ing season only, which is April 15 through October 15.
                     shore, Lat. 38'56'30.38"N., Long. 76*31'13.33"W., and run-                   H. Duvall Creek encompasses the area beginning at the
                     ning up the creek to a line beginning at a point Lat.                     mouth of the creek, Lat. 38*55'44.01"N., Long.
                     38'56'31.32"N., Long. 76'31'24.11 " W., and running 100'                  76'29'14.38"W., a line running 117' True to the opposite
                     True to the opposite shore, Lat. 38'5629.82"N., Long.                     shore, Lat. 38'55'40.01"N., Long. 76*29'04.34"W., and run-
                     76 *31'13.26 " W. This area has a 6-knot (6.9 MPR@ speed limit            ning to the head of the creek. This area has a 6-knot (6.9 MPH)
                     Saturdays, Sundays, and State holidays, during the boating                speed limit, during the boating season only, which is April 15
                     season only, which is April 15 through October 15.                        through October 15.
                          (2) Upper Aberdeen Creek encompasses the area beginning                 1. Gingerville Creek encompasses the area beginning at the
                     at a point Lat 38 *5631.32 "N., Long. 76'31'24. 11 " W, a line            mouth of the creek, Lat. 38'57'19.21"N., Long.
                     running 100* True to the opposite shore, Lat 38o5629.82-N.,               76*3322.17"W., a line running 052' True to the opposite
                     Long. 76*31'13.26"W., and running to the head of the creek.               shore, Lat 38'5722.47"N., Long. 76'33'16.82"W., and run-
                     This area has a 6-knot (6.9 MPH) speed limit, during the boat-            ning to the head of the creek. This area has a 6-knot (6.9 MPI-V
                     ing season only, which is April 15 through October 15.                    speed limit all year.
                        C. Boyd Point Cove encompasses the area beginning at the                  J. Harness Creek encompasses the area beginning at the
                     mouth of the cove, Lat. 38'5722"N., Long. 76*3358.50" W., a               mouth of the creek, Lat. 38*55'55.53"N., Long.

                                                      MARYLAND REGISTER, VOL. 19, ISSUE 6 FRIDAY, MARCH 20,1992









                       682                                                PROPOSED ACTION ON REGULATIONS


                       76*30'55.40"W., a line running 080* True to the opposite                            tional Safety and Health Standards, under COMAR 09.12.31
                       shore, Lat. 38*5557.83"N., Long. 76'30'38.68"W., and run-                           Maryland Occupational Safety and Health Act, and issue
                       ning to the head of the creek. This area has a 6-knot (6.9 MPI-V                    the standard relating to Occupational Exposure to Bloodborne
                       speed limit all year.                                                               Pathogens as codified in 29 CFR 1910.1030, including Appen-
                       K Hillsmere Lake encompasses the area beginning at the                              dix A, and published in 56 Federal Register No. 235 (De-
                       mouth of the lake, Lat. 38'5541.26"N., Long. 76 *30'03.53 " W.,                     cember 6, 1991) pages 64174 - 64182, together with amend-
                       a line running 310' True to the opposite shore, Lat.                                ments. The Maryland Occupational Safety and Health
                       38'55'41.90"N., Long. 76*30'04.51"W., and running to the                            (MOSH) Advisory Board recommended that the Commissioner
                       head of the lake. This area has a 6-knot (6.9 MPH) speed limit                      adopt the federal standard at a public meeting held on Janu-
                       all year.                                                                           ary 8, 1992. Notice of the meeting was given in 18:25 Md. R.
                       L Little Aberdeen Creek encompasses the area beginning at                           (2,783) December 13, 1991.
                       the mouth of the creek, Lat. 38'56'47.05"N., Long.
                       76'31'45.10"W., a line running 050* True to the opposite                                                Statement of Purpose
                       shore, Lat. 38*5647.75"N., Long. 76*31'44.02"W., and run-                           The purpose of this action is to adopt for Maryland a new
                       ning to the head of the creek. This area has a 6-knot (6.9 MPH)                     standard promulgated by the U.S. Department of Labor, Occu-
                       speed limi4 during the boating season only, which is April 15                       pational Safety and Health Administration (OSHA), which ad-
                       through October 15.                                                                 dresses occupational exposure to blood and other bodily fluids
                       .05 Upper South River Controlled Ski Area.                                          for the purpose of minimizing the risk of exposure to Hepatitis
                       A. The Department may designate a controlled ski area                               B Virus ("HBV"), Human Immunodeficiency Virus ("ITN")
                       within the waters of the upper South River by marking with                          and other pathogens, The standard will require Maryland em-
                       buoys. This area shall encompass a slalom ski course or ski                         ployers to eliminate or minimize the risk of occupational expo-
                       jump course permitted by the U.S. Army Corps of Engineers                           sure to these pathogens by specified means. Employers would
                       pursuant to the River and Harbor Act of 1899, ï¿½10 (33 U.S. C                        be required to determine job classifications, tasks, and proce-
                       403).                                                                               dures in which occupational exposure occurs; to implement en-
                       B. The Upper South River Controlled Ski Area encompasses                            gineering and work practice controls; to provide personal pro-
                       the area from a line Lat. 38*58'08.16"N., Long.                                     tective equipment to limit contact; to provide medical and
                       76'36'00.83'W. a line running 068' True to the opposite shore,                      work place monitoring, including the Hepatitis B vaccination;
                       Lat. 38*58'10.9@-N., Long. 76*3552.27"W., upriver to a line                         to establish and provide an employee education program; and
                       beginning at a point Lat. 38'58'38.05"N., Long.                                     to maintain certain records. The standard provides a schedule
                       76*36'21.21 " W., and running 070' True to the opposite shore,                      for achieving compliance with its various requirements.
                       Lat. 38-5841.13"N., Long. 76*36'10.37"W. This area is ap-                                         Estimate of Economic Impact
                       proximately 1,114 yards in length.                                                  1. Summary of Economic Impact. Based on OSHA economic im-
                       C. The Upper South River Controlled Ski Area has a mini-                            pact analysis, it appears that achieving full compliance with the stan-
                       mum wake zone when the permitted:                                                   dard will carry a moderate to substantial cost. Employers in indus-
                         (1) Slalom ski course is in use; or                                               tries involving substantial employee contact with blood and other
                         (2) Skijump course is in use.                                                     potentially infectious materials will experience the greater costs. The
                       D. Aperson may notplace or give permission toplace a moor-                          ultimate cost of compliance for many of these employers will be mod-
                       ing buoy when the arc of the swing is closer than 200 feet to the                   erated to some extent, however, because many are in compliance with
                       permitte&                                                                           various provisions of the standard. OSEIA has determined that the re-
                         (1) Slalom ski course, or                                                         quirements concerning personal protective equipment will account for
                                                                                                           the largest amount of net compliance costs. Also, significant costs will
                         (2) Skijump course                                                                be incurred for training, vaccination, post-exposure follow-up and
                       E. The Department shall mark the controlled ski area.                               housekeeping. 56 Federal Register at 64039. Cost estimates are pro-
                                                            TORREY C. BROWN, M.D                           vided below.
                                                        Secretary of Natural Resources                     With respect to small businesses, OSHA has determined that al-
                                                                                                           though a large number will be affected, the impact on these busi-
                                                                                                           nesses will not differ significantly from the impact on establishments
                                                                                                           as a whole because small businesses implement certain practices al-
                                                                                                           ready. 56 Federal Register at 64041.
                                                  Title 09                                                 H. Types of                           Revenue(+)
                                                                                                           Economic Impacts.                     Expense                 Magnitude
                                       DEPARTMENT OF                                                       A. On issuing agency:
                                                                                                           (1) Training of inspectors                                         $1,000
                         LICENSING AND REGULATION                                                          (2) As an employer, see C, be-
                                                                                                           low
                                      Subtitle 12 DIVISION OF                                              B. On other State or local agen-
                                      LABOR AND INDUSTRY                                                   cies:
                                                                                                           As an employer, see C below
                       09.12.31 Maryland Occupational                         Safety and                                                        Benefit(+)
                       Health Act                                                                                                                 Cost                   Magnitude
                       Authority: Labor and Employment Article, ï¿½ï¿½2-106(bX4), 5-312(b) and 5-313,          C. On regulated industries or
                                          Annotated Code of Maryland                                       trade groups:
                                                                                                           (1) Exposure control plan                                    Minimal to
                                       Notice of Proposed Action                                            (a) Employee exposure deter-                                  Moderate
                                                    [92-098-P)                                             mination
                       The Commissioner of Labor and Industry proposes to adopt                             (b) Create written record and
                       through incorporation by reference to the Maryland Occupa-                          make a copy available


                                                        MARYLAND REGISTER, VOL. 19, ISSUE 6                    FRIDAY, MARCH 20,1992






                                                          Final Action On Regulations                                                                                  1013

                                                    For information concerning Final Action on Regulations, see inside front cover.

                                                                                         Symbol Key
                      Roman type indicates text already existing at the time of the proposed action. Italic type indicates new text added at the time of
                      proposed action. A single underline indicates text added at the time of final action. [Single bracketsl indicate deleted text.
                      [[Double brackets]] indicate    text deleted at the time of final action.

                                                                             Computer Printouts Available
                      Computer printouts of newly adopted regulations are available to the general public and to State agencies from the Maryland hffor-
                      mation Retrieval System (MIRS) database. MERS automatically updates COMAR, integrating new and amended text into existing
                      text, and removing all symbols and obsolete material. State agencies may find MERS printouts particularly valuable in preparing the
                      next generation of regulation amendments for publication in the Maryland Register. For more information, call (410) 974-3500.



                                                Title 08                                                                        Title 09
                                      DEPARTMENT OF                                                                  DEPARTMENT OF
                                NATURAL RESOURCES                                                       LICENSING AND REGULATION

                      Subtitle 18 BOATING - SPEED LIMITS AND                                            Subtitle 01 OFFICE OF THE SECRETARY
                                    OPERATION OF VESSELS                                          09.01.09 New Home Warranty Security@ Plans
                   08.18.13        Magothy River                                                             Authority: Real Property Article, Title 10, Subtitle 61
                                 Authority: Natural Resources Article, ï¿½8-704,                                           Annotated Code of Maryland
                                         Annotated Code of Maryland                                                      Notice of Final Action
                                         Notice of Final Action                                                                   (91-431-F]
                                                   (92-089-F]                                        On April 30, 1992, the Secretary of Licensing and Regula-
                      On May 13, 1992, amendments to Regulation .01, the repeal                   tion adopted new Regulations .01 - .08 under a new chapter,
                   of existing Regulations .02 -.04, and new Regulations .02 -                    COMAR 09.01.09 New Home Warranty Security Plan .
                   .05 under COMAR 08.18.13 Magothy River, were adopted                           These regulations, which were proposed for adoption in 18:23
                   by the Secretary of Natural Resources. These actions, which                    Md. R. 2558 - 2561 (November 15, 1991), have been adopted
                   were proposed for adoption in 19:6 Md. R. 678 - 679 (March                     with the nonsubstantive changes shown below.
                   20, 1992), have been adopted as proposed.                                         Effective Date: June 8, 1992.
                      Effective Date: June 8,1992.                                                                Attorney General's Certification
                                                          TORREY C. BROWN, M.D.                      In accordance with State Government Article, ï¿½10-113(c),
                                                     Secretary of Natural Resources               Annotated Code of Maryland, the Attorney General certifies
                                                                                                  that the following changes do not dffer substantively from the
                                                                                                  proposed text. The nature of the changes and the basis for this
                      Subtitle 18 BOATING - SPEED LIMITS AND                                      conclusion are as follows:
                                                                                                     Regulation .03B: (1) deleting the word "purchase" and sub-
                                   OPERATION OF VESSELS                                           stituting the words "have the builder obtain" makes clear
                   08.18.25       South River                                                     that the builder purchases the home warranty from the war-
                                                                                                  ranty company and makes that warranty available to the home-
                                 Authority: Natural Resources Article, ï¿½8-704,                    buyer; (2) deleting the words "to Buyer" makes clear that the
                                         Annotated Code of Maryland                               builder purchases the home warranty from the warranty com-
                                        Notice of Final Action                                    pany and makes that warranty available to the homebuyer;
                                                  (92-088-F]                                      (3) deleting the words "to the buyer" and "agrees to pay this
                                                                                                  cost and" makes clear that the builder purchases the home
                      On May 13, 1992, amendments to Regulation.01, the repeal                    warranty from the warranty company and makes that war-
                   of existing Regulations .02 -.04, and new Regulations .02 -                    ranty available to the homebuyer.
                   .05 under COMAR 08.18.25 South River, were adopted by                             Regulation .07A: inserting the words "unless the buyer is
                   the Secretary of Natural Resources. These actions, which were                  not charged directly or indirectly for the cost of the warranty"
                   proposed for adoption in 19:6 Md.R. 679 - 682 (March 20,                       makes clear that the warranty is purchased by the builder and
                   1992), have been adopted as proposed.                                          that the cost of the warranty is disclosed when the builder has
                      Effective Date- June 8,1992.                                                given the hornebuyer an option of obtaining the warranty.
                                                          TORREY C. BROWN, M.D.                   .03 Disclosure Required by Builder Leaving Decision to
                                                     Secretary of Natural Resources                    Participate in New Home Warranty Security Plan to
                                                                                                       the Buyer.
                                                                                                     A- (proposed text unchanged)
                                                                                                     B. The disclosure shall read as follows:



                                                       MARYLAND REGISTER, VOL. 19, ISSUE 11                 FRIDAY, MAY 29,1992







                                                    PROPOSED ACTION ON REGULATIONS                                                  2055


          Mines at the above address or call (301) 689-6104 until the      publication in 19:17 Md. R. 1633 (August 21, 1992) pursuant
          close of business on December 18, 1992.                          to State Government Article, ï¿½10-506, Annotated Code of
                                          TORREY C. BROWN, M.D,            Maryland.
                                      Secretary of Natural Resources
                                                                                              Statement of Purpose
                                                                             The purpose of the amendment is to provide an exception to
                                                                           the requirement that all horses in excess of the maximum
            Subtitle 18 BOATING - SPEED LIMITS AND                         number of wagering units on the tote board, less one, be
                       OPERATION OF VESSELS                                grouped in a "field" on races which emanate from another
                                                                           site.
          08.18.25 South River
                                                                                         Estimate of Economic Impact
                     Authority: Natural Resources Article, ï¿½8-704,           The proposed action has no economic impact.
                            Annotated Code of Maryland
                                                                                       Opportunity for Public Comment
                         Notice of Proposed Action                           Written comments may be sent to Kenneth A. Schertle, Ex-
                                    [92-419-P)                             ecutive Director, Maryland Racing Commission, 501 St. Paul
            The Secretary of Natural Resources proposes to amend Reg-      Place, Baltimore, Maryland 21202, or call (410) 333-6267.
          ulation.03 under COMAR 08.18.25 South River.                     These comments must be received not later than January 11,
                                                                           1993.
                            Statement of Purpose
            This action will change the Almshouse Creek 6-knot (6.9                               Open Meeting
          MPH) boating season only speed limit to a 6-knot (6.9 MPH)         Action on the proposed amendment will be considered by
          speed limit all year.                                            the Maryland Racing Commission during a public meeting to
                        Estimate of Economic Impact                        be held January 13, 1993 at 11 a.m. in the Commission's Of-
                                                                           fice, 501 St. Paul Place, Baltimore, Maryland, pursuant to
            The proposed action has no economic impact.                    State Government Article, ï¿½10-506(c), Annotated Code of
                      Opportunity for Public Comment                       Karyland.
            Written comments may be sent to Bess Crandall, Boating         .66 Part-Mutuels.
          Administration, Tawes State Office Building, Annapolis,            A. - L. (text unchanged)
          Maryland 21401 or call (410) 974-2939 until the close of busi-     M. [On all tracks] Except as provided in ï¿½N of this regula-
          ness on December 15, 1992.                                       tion, where the [number of horse] capacity for betting units
          03 South River South Shore.                                      [provided for wagering] on the tote board [are] at a track is less
            A. (text unchanged)                                            than the number of [horses] betting interests competing in the
            B. Almshouse Creek encompasses the area beginning at           race, all [horses] betting interests in excess of the maximum
          the mouth of the creek, Lat. 38'56'41.71"N., Long.               number of betting units, [provided for wagering] less one, shall
          76'32'36.47"W., a line running 168* True to the opposite         be grouped together [in the betting] to constitute the "field", a
          shore, Lat. 38*56'33.50"N., Long. 76*32'34.23"W., and run-       [wager] bet on (any one of) the "field" being a [wager] bet on
          ning to the head of the creek. This area has a 6-knot (6.9 MPH)  all horses so grouped.
          speed limit [, during the boating season only, which is April 15   N. [(Repealed)]If a race emanates from a track whose tote
          through October 151 all year.                                    board provides for a number of betting units different than the
            C. - L. (text unchanged)                                       tote board at a track receiving the race, and the receiving track
                                                                           elects to use the same number of betting units as the sending
                                          TORREY C. BROWN, M.D.            track, the receiving track shalk
                                      Secretary of Natural Resources           (1) Advertise that the wagering units at the receiving track
                                                                           site shall be the same as at the sending track; and
                                                                               (2) Display the odds only on the monitors throughout the
                                                                           facility if the receiving track's tote board is not capable of dis-
                                                                           playing at least the same number of betting units as displayed
                                 Title 09                                  on the tote board of the sending track.
                                                                             0. When safety regulations and     the width of the track
                         DEPARTMENT OF                                     (county fairs) require that the number of horses permitted to
                                                                           compete shall be limited to 10 or less, there may not be a
              LICENSING AND REGULATION                                     "field", except as provided in ï¿½N of this regulation.
                  Subtitle 10 RACING COMMISSION                              P. - JJ. (text unchanged)     KENNETH A. SCHERTLE
          09.10.01 Thoroughbred Rules                                                                               Executive Director
                    Authority: Business Regulation Article, ï¿½11-210,                                               Racing Commission
                            Annotated Code of Maryland

                         Notice of Proposed Action
                                    (92-414-P]
            The Racing Commission proposes to amend Regulation .66                                                                              :j
          under COMAR 09.10.01 Thoroughbred Rules. This amend-
          ment was considered by the Racing Commission at a public
          meeting held September 9, 1992, notice of which was given by

                                     MARYLAND REGISTER, VOL. 19, ISSUE 23 FRIDAY, NOVEMBER 13,1992







         112                                                    FINAL ACTION ON REGULATIONS

         were proposed for adoption in 19:23 Md. R. 2052 - 2053 (No-                         Subtitle 18         BOATING-SPEED LIMITS AND
         vember 13, 1992), have been adopted as proposed.                                                  OPERATION OF VESSELS
           Effective Date: February 1, 1993.                                             08.18.21 Potomac River
                                                JACQUELINE H. ROGERS
                  Secretary of Housing and Community Development                                        Authority: Natural Resources Article, ï¿½8-704,
                                                                                                                 Annotated Code of Maryland

                                                                                                                 Notice of Final Action
                Subtitle 07 COMMUNITY ASSISTANCE                                                                          [92-338-F]
                                      PROGRAM                                               On January 8, 1993, amendments to Regulation .04 under
         05.07.06 Main Street Improvement Grant Pro-                                     COMAR 08.18.21 Potomac River, were adopted by the Sec-
                                                                                         retary of Natural Resources. These amendments, which were
           grams                                                                         proposed for adoption in 19:20 Md. R. 1823 (October 2, 1992),
                      Authority: Article 83B, ï¿½ï¿½1-205 and 4-202(aX5),                    have been adopted as proposed.
                               Annotated Code of Maryland                                   Effective Date: February 1, 1993.
                                                                                                                                 TORREY C. BROWN, M.D.
                               Notice of Final Action                                                                        Secretary of Natural Resources
                                         (92-432-F)
           On December 30, 1992, the Secretary of Housing and Com-
         munity Development adopted amendments to Regulations.05,                            Subtitle 18 BOATING-SPEED LIMITS AND
         .08, and.11 under COMAR 05.07.06 Main Street Improve-
                                                                                                           OPERATION OF VESSELS
         ment Grant Program. These amendments, which were pro-
         posed for adoption in 19:23 Md. R. 2053 (November 13, 1992),                    08.18.25 South River
         have been adopted as proposed.
          Effective Date: February 1, 1993.                                                             Authority: Natural Resources Article, ï¿½8-704,
                                                JACQUELINE H. ROGERS                                             Annotated Code of Maryland
                  Secretary of Housing and Community Development                                                 Notice of Final Action
                                                                                                                          [92-419-F)
                                                                                            On January 8, 1993, an amendment to Regulation .03 under
                                                                                         COMAR 08.18.25 South River, was adopted by the Secre-
                                                                                         tary of Natural Resources. This amendment, which was pro-
                                      Title 08                                           posed for adoption in 19:23 Md. R. 2055 (November 13, 1992),
                                                                                         has been adopted as proposed.                                                      h)
                           DEPARTMENT OF                                                    Effective Date: February 1, 1993.
                     NATURAL RESOURCES                                                                                            TORREY C. BROWN, M.D.
                                                                                                                             Secretary of Natural Resources
            Subtitle 13 ENERGY AND COASTAL ZONE
                               ADMINISTRATION

         Authority: Natural Resources Article, ï¿½ï¿½7-203(a) and (h), 7-503, 7-501(k),
                               Annotated Code of Maryland                                                              Title 10
                               Notice of Final Action                                                        DEPARTMENT OF
                                         [92421-F]
          On January 4, 1993, the repeal of Regulations .01 and .02                          HEALTH AND MENTAL HYGIENE
         under CONL&R 08.13.05 Reclamation of Auger Mines; the
         repeal of Regulations .01-.06 under COMAR 08.13.06                                    Subtitle 09 MEDICAL CARE PROGRAMS
         Safety Regulations; and the repeal of Regulations .01-08                        10.09.08 Free-Standing Clinics
         under COMAR 08.13.07 Blasting, were adopted by the Secre-
         tary of Natural Resources. These actions, which were proposed                        Authority: Health-General Article, ï¿½ï¿½2-104(b), 15-103, and 15-105,
         for adoption in 19:23 Md. R. 2054-2055 (November 13, 1992),                                             Annotated Code of Maryland
         have been adopted as proposed.                                                                          Notice of Final Action
          Effective Date: February 1, 1993.                                                                               [92-408-F]
                                                TORREY C. BROWN, M.D.                       On December 31, 1992, amendments to Regulation .05 un-
                                            Secretary of Natural Resources               der COMAR 10.09.08 Free-Standing Clinics, were adopted
                                                                                         by the Secretary of Health and Mental Hygiene. These amend-
                                                                                         ments, which were proposed for adoption in 19:23 Md. R.
                                                                                         2056-2057 (November 13, 1992), have been adopted as pro-
                                                                                         posed.
                                                                                            Effective Date: February 1, 1993.
                                                                                                                                       NELSON J. SABATINI                   ki
                                                                                                                 Secretary of Health and Mental Hygiene




                                             MARYLAND REGISTER, VOL. 20, ISSUE 2 FRIDAY, JANUARY 22,1993






            926                            Emergency Action On Regulations

                                         For information concerning Emergency Action on Regulations, see inside front cover.

                                                                                    Symbol Key
              Roman type indicates text existing before emergency status was granted. Italic type indicates new text. [Single brackets]
              indicate deleted text.



                                         Title 07                                              .05 Prohibited Areas - Coastal Bays.
                                                                                                    A. A person may not operate or give permission to operate a
                              DEPARTMENT OF                                                    vessel during the period April 1 through September 15 in areas
                                                                                               established as a protective buffer for nesting sites, and feeding
                          HUMAN RESOURCES                                                      areas of birds listed as endangered, threatened, or in need of
                                                                                               conservation under COMAR 08.03.08. These areas may change
              Subtitle 04 CHILD CARE ADMINISTRATION                                            in response to the location of the nesting sites and feeding areas
                                                                                               as identified by the Department.
            07.04.02 Child Care Center Licensing                                                    B. This regulation only applies to waters adjacent w lands
                       Authority: Family Law Article, ï¿½ï¿½5-570 - 5-585,                         owned or controlled by the State or federal government which
                                  Annotated Code of Maryland                                   have been restricted fi-om human intrusion.
                                                                                                    C. Prohibited areas shall be marked by the Department.
                    Notice of Extension of Emergency Statas                                                                                     TORREY C. BROWN
                                           (91-147-E-21                                                                             Secretary of Natural Resources
            The Joint Committee on Administrative, Executive, and
            Legislative Review (AELR) has granted an extension of the
            emergency status of the repeal of Regulations .01 - .81 under
            COMAR 10.05.01 Group Day Care Centers and new Regu-
            lations .01 -.75 under a new chapter, COMAR 07.04.02                                                             Title 10
            Child Care Center Licensing.
            Emergency status has been'extended to: January 9,                                                     DEPARTMENT OF
            IW3.
            Emergency action was published in: 18:9 Md. & 986 -                                     HEALTH AND MENTAL*HYGIENE
            1003 May 3, 1991).
            Extension of emergency action was published in: 18:21                                             Subtitle 10. LABORATORIES
            Md.    2300 (October 18,1991).                                                     10.10.01 Medical Laboratories in Maryland
                                                          CHARLES A. KASKY                          Authority: Health-General Article, ï¿½ï¿½17-202,17-212, and 17-214.1,
                                                              Committee Coun el                                       Annotated Code of Maryland
                                       Joint Committee on Administrative,
                                          Executive, and Legislative Review                                      Notice of Emergency Action
                                                                                                                                (92-179-El
                                                                                                The Joint Committee on Administrative, Executive, and
                                                                                               Legislative Review has granted emergency status to amend-
                                        Title 08                                               ments to Regulations .05,.10 -.12,15,18, and new Regula-
                                                                                               tion .20 under COMAR 10-10.01 Medical Laboratories in
                             DEPARTMENT OF                                                     Maryland.
                                                                                                Emergency status began: May 1, 1992.
                       NATURAL RESOURCES                                                        Emergency status expires: September 30, 1992.
                                                                                               .05 Permits and Fees.
            Subtitle 18 BOATING - SPEED LIMITS AND                                              A. Initial Application.
                           OPERATION OF VESSELS                                                     (1) (text unchanged)
                                                                                                    (2) The application forms shall be filed with the Laborato-
            08.18.18 Ocean City -Back Bay Areas                                                ries Administration. The forms shall be accompanied by check
                        Authority: Natural Resources Article, ï¿½8-704,                          or money order payable to the Laboratories Administration in
                                 Annotated Code of Maryland                                    amounts as follows for each fiscal year ending June 30, or part
                                                                                               of it:
                            Notice of Emergency Action                                                (a) Application fee of $50 for each laboratory seeking a
                                           [92-180-El                                          permit to perform testing limited to one or two scientific disci-
            The Joint Committee on Administrative, Executive, and                              plines; [and]
            Legislative Review has granted emergency status to new Reg-                               (b) Application fee of $100 for each laboratory seeking a
            ulation .05 under COMAR 08.18.18 Ocean City - Back                                 permit to perform testing in three or more scientific disciplines;
            Bay Areas.                                                                         and
            Emergency status began: May 6, 1992.                                                      [b] (c) (text unchanged)
            Emergency status expires: September 15, 1992.                                           (3) - (7) (text unchanged)
                                                                                                B. - F. (text unchanged)


                                                MARYLAND REGISTER, VOL. 19, ISSUE 10 FRIDAY, MAY 15, 1992




                                                                     PROPOSED ACTION ON REGULATIONS                                                                    1019

                                   Estimate of Economic Impact                                      B. This regulation only applies to waters adjacent to lands
                    The proposed action has no economic impact.                                   owned or controlled by the State or federal government which
                                                                                                  have been restricted from human intrusion.
                                 Opportunity for Public Comment                                     C. Prohibited areas shall be marked by the Department.
                    No public hearing is scheduled. Written comments may be                                                                      TORREY C. BROW"N
                  sent to Robert A. Bachman, Director of the Freshwater Fisher-                                                      Secretary of Natural Resources
                  ies Program, Tawes State Office Building E-1, 580 Taylor Av-
                  enue, Annapolis, MD 21401. Comments must be received by
                  June 30, 1992, or call (410) 974-3061.
                  .01 Trout Fishing and Management Areas.
                    A. (text unchanged)                                                                                        Title 09
                    B. Put-and-Take Trout Fishing Areas.
                       (1) (text unchanged)                                                                          DEPARTMENT OF
                       (2) The following areas are subject to these regulations:
                                                                                    Closure            LICENSING AND REGULATION
                                                                                    Periods
                         (a) - (h) (text unchanged)                                                         Subtitle 10 RACING COMMISSION
                         Q) Howard County, Montgomery County, and Prince                          09.10.01 Thoroughbred Rules
                  George's County:
                            [W Little Seneca Creek watershed                            11,31                            Authority: Article 7813, hil,
                  upstream of Route 28]                                                                                  Annotated Code of MarvIand
                            l(ii)] (i) - [(xv)] (xiv) (text unchanged)
                         0) - (k) (text unchanged)                                                                   Nqtice of Proposed Action
                                                         TORREY C. BROWN, M.D.                                                    [92-183-P)
                                                     Secretary of Natural Resources                 The Racing Commission proposes to amend Regulation .23
                                                                                                  under COMAR 09.10.01 Thoroughbred Rules.
                                                                                                    This action was considered by the Racing Commission at a
                                                                                                  public meeting held February 12, 1992, notice of which was
                    Subtitle 18 BOATING - SPEED LIMITS AND                                        given by publication in 19:2 Md. R. 194 (January 24, 1992)
                                  OPERATION OF VESSELS                                            pursuant to State Government Article, ï¿½10-506, Annotated
                  08.18.18 Ocean City - Back Bay Areas                                            Code of Maryland
                                Authority: Natural Resources Article, ï¿½8-704,                                            Statement of Purpose
                                        Annotated Code of Manland                                   The purpose of these amendments is to reinstitute a gradu-
                                                                                                  ated weight allowance for apprentice jockeys with provisions
                                     Notice of Proposed Action                                    for certain cut-off times for the weight allowances.
                                                 (92-182-PI                                                        Estimate of Economic Impact'
                    The Secretary of Natural Resources proposes to adopt new                        The proposed action has no economic impact.
                  Regulation.05 under COMAR 08.18.18 Ocean City - Back
                  Bay Areas.                                                                                    Opportunity for Public Comment
                                                                                                    Written comments may be sent to Kenneth A. Schertle, Ex-
                                        Statement of Purpose                                      ecutive Director, Racing Commission, 501 St. Paul Place, Bal-
                    This action will prohibit vessels from entering certain                       timore, Maryland 21202, or call (410) 333-6267. These com-
                  coastal bay areas in Worcester County for the protection of                     ments must be received not later than July 6, 1992.
                  nesting sites and feeding areas of endangered and threatened
                  birds.                                                                                                     Open Meeting
                                                                                                    Action on the proposed amendments will be considered by
                                  Estimate of Economic Impact                                     the Racing Commission during a public meeting to be held
                    The proposed action has no economic impact.                                   July 8, 1992, at 11 a.m. in the Commission's Office, 501 St.
                                                                                                  Paul Place, Baltimore, Maryland, pursuant to State Govern-
                                Opportunity for Public Comment                                    ment Article, Title 10, Subtitle 5, Annotated Code of Mary-
                    Written comments may be sent to Daniel Ciekot, Boating                        land.
                  Administration, Tawes State Office Building, Annapolis,
                  Maryland 21401 or call (410) 974-2916 until the close of busi-                  .23 Apprentice Jockey Contracts and Certificates.
                  ness on June 30, 1992.                                                            A. [A] In order to qualify for an apprenticejockey license, an
                  .05 Prohibited Areas - Coastal Bays.                                            [person] individual 16 years old or older who has never been
                                                                                                  licensed and has never ridden as a thoroughbred jockey in any
                    A. A person may not operate or give permission to operate a                   eduntry, other than as an apprenticejockey, and [has], if under
                  vessel during the period April 1 through September 15 in areas                  age, [the] has written parental consent, [of his parents or
                  established as protective buffers for nesting sites, and feeding                guardian, may] shall.-
                  areas of birds listed as endangered, threatened, or in need Of                    . (1) [of his own free will, bond himself to] Enter into a bind-
                  conservation under COMAR 08.03.08. These areas may change                       ing contract with an owner or trainer for a term of not less
                  in response to the location of the nesting sites and feeding areas              than 3 or more than 5 years (subject to written extension if
                  as identified by the Department.                                                made for less than 5 years) [by] to serve as an apprenticejockey,




                                                      MARYLAND REGISTER, VOL. 19, ISSUE 11                 FRIDAY, MAY 29,1992







                                                                      ACTUAL SIZE OF POSTER                                          14x18





                                                  ATTENTION BOATERS!

                                                  MARYLAND'S ENDANGERED SPECIES NEED YOUR HELP!



                                                                                                                                                 To protect threatened and endangered bird
                                                                                                                                                 species, limited areas of Sinepuxent and Isle
                          NOT TO BE USED FOR NAVIGATION                                                                                          of Wight Bays are closed to boating by the
                                                                                                                                                 Maryland Department of Natural Resources.

                                                                                                                                                 The boating closures serve as narrow
                                                                                                                                                 buffers to important nesting and feeding
                                                                                                                                                 areas. Closed areas correspond to posted
                                                                                                                                                 areas on land. Please refer to the chart for
                                                                                                                                                 the location of these areas.
                                                                       SEE INULH
                                                                                                                                                 Closures are in effect only during those
                                                                                                                                                 critical times at the year when birds nest
                                                          WEST OC :AN Gil                                                                        and feed (April through September). Boaters
                                                                                                                                                 should look for regulatory buoys and signs
                                                                                                                                                 designating area off-limits to boats. These
                                                                                                                                                 signs and buoys are colored black, white
                                                                                                          '(TY      LOOK FOR                     and international orange.
                                                                                                                    BUOYS & SIGNS
                                                                                                                    WITH THIS SYMBOL             Boaters should also exercise caution when
                                                                                                         OWER                                    operating in close proximity to any other
                                                                                                                                                 bird nesting or feeding sites in the Coastal
                                                                                  A/                                                             Bays. These sites are posted, "Bird Nesting
                                                                         VE                                                                      Area-Keep Out." Enjoy the birds at a
                                                                                                                                                 distance. Binoculars are the best to observe
                                                                                                                                                 these birds and other wildlife.
                                                                                                           Y,                                    The Guide for Cruising Maryland Waters
                                                                                                                                                 depicts these sites throughout the Coastal
                                                                                                                                                 Bays. Please do not release pets where
                                                                                                                                                 flocks of birds are located.

                                                                                                    Ri 50
                                                                                                              // Oman

                                                                                                      Opus CA
                                                                                                                CLOSED AREA                         ENTERING CLOSED AREAS
                                                                                                                                                 IS A VIOLATION OF STATE LAWI
                               S UG HAHLS H                                                               AREAS CLOSED
                                                                                                          APRIL I-SEPTEMBER 15



                                                                                        LEGEND
                                                                                        NAVIGATIONAL AIDS
                                                                                       I Lighld Ald                                          RESTRICTED AREAS MAY CHANGE
                                                /I                                  A o Day Beacons                                                        YEAR-TO-YEAR
                                                     Al                              )j- Boater Access Points
                                                                                                                                                   Watch for BuoysiSigns that
                                                                                            00. AkpW                                                  Designate these Areas



                                                                                    HbW




                                                                                                                                                 FOR MORE INFORMATION, PLEASE
                                     NAVI     BILE CHAN EL                                                                                       CONTACT:

                                                                                                                                                 Maryland Department of Natural Resources
                                                                                                                                                 580 Taylor Avenue, Tawas State Office
                                                                                                                                                 Building, Annapolis, MD 21401

                                                                                                                                                 Boating Administration
                                              1                       2                     3                                                    (410) 974-2918
                                                                                                                                                 Non-Game & Urban Wildlife Program
                                                                                                                                                 (41o)  827-8612
                                                NAUTICAL MILES                                                                                   Natural Heritage Program
                                                                                                                                                 (4110) 974-2870


                                                      The facilities and service. of the Department of Natural Resources are available to all vAthout regard to race,
                                                      color, religion, sow. age, nal!onal origin. physical or mental disability.















                                PROPOSAL & SCOPE OF WORK




          RECREATIONAL BOATING AND SUBMERGED AQUATIC VEGETATION
                   IN THE SOUTH RIVER & THE ELK RIVER, MARYLAND























                                               TO:


                                    PROFESSOR COURT STEVENSON
                              HORN POINT ENVIRONMENTAL LABORATORY
                         CENTER FUR ENVIRONMENTAL AND ESTUARINE STUDIES
                                      UNIVERSITY OF MARYLAND
                                            P.O. BOX 775
                                        CAMBRMGE, MD 21613






                                          November 11, 1992










                                                                      PROPOSAL



                          The Maryland Department of Natural Resources' (DNR) Boating Admir@stration seeks to investigate the
                  impacts of high-speed recreational boating activity on submerged aquatic vegetation (SAV) and water quality in
                  the South River, Anne Arundel County and the Elk River, Cecil County.



                                                                      luft-oduction

                          Public concern and awareness about natural resources and human-related effects on the environment has
                  increased in recent years. In the last few years, the Boating Administration has received dozens of complaints
                  from citizens about recreational boating and its impacts on the environment. These complaints ranged from
                  questions about shoreline erosion caused by boat wakes to concerns about the overboard discharge of human
                  waste. Most of these complaints, however, addressed the potential hamiful effects of boating on SAV.
                  Specifically, citizens claimed that boating activity is damaging SAV in two ways: 1) by resuspension of bottom
                  sediments which increase turbidity through the water column, and 2) by physical damage to the plants caused by

                                                     C,
                  boat propellers, i.e. "prop-scarrin,,,.
                         Research into this issue has revealed that scientific opinion is, at best, inconclusive and limited, and that
                  most of the available academic literature is dated and does not address the direct effects of boating on SAV. In.
                  1991, the Boating Administration commissioned Dr. William C. Dennison of the University of Maryland to
                  investigate the impact of water skiing on SAV in @&ynadier Creek, Sevem River. He concluded that poor water
                  quality - the result of nutrient and sediment loading - was the primary reason for the low productivity and the
                  absence of SAV in Maynadier Creek, and that it was very dffEcult to establish a direct correlation between
                  boating and SAV decline.










               Elk River
                       The Elk River located in Cecil County is utilized by both recreational and commercial vessels. The
               Chesapeake and Delaware Canal, which joins the Elk River at Welch Point; connect the Chesapeake Bay
               to the Delaware River and provides access to commercial ships traveling to and from Baltimore and other
               Chesapeake Bay ports-of-call. Private and commercial marinas on the river and its tributaries, as well as
               surrounding river systems, contribute to the sizable number of recreational vessels that cruise, water ski and
               sail its waters.

                       Of concern on the Elk River is Cabin John Creek, located just south of the entrance to the Bohen-@a
               River (Chart 3). The creek is popular for a variety of recreational activities including: water skiing, anchoring,
               cruising and bird watching. In 1991, a petition was submitted to the Boating Administration for a minimum
               wake zone on the upper half of Cabin John Creek (Cnart 4). The petitioners stated that water skiing and
               other boating activities were impeding SAV growth and disturbing wildlife in the creek. Specifically, they
               reported, slalom course water skiing practiced along the northern shoreline of the creek was doing great harm
               to SAV by agitating bottom sediments and increasing turbidity levels (Chart 4). Myriophyllum @picatum
               (Eurasian watennifoil) was reported on Cabin John Creek in 1987, and the petitioners claimed that there were
               various unknown SAV species in the creek@
                       As part of the petition process, the Boating Administration surveyed boat ti-affic on Cabin John Creek
               during the 1991 boating season to record traffic levels and recreational use patterns. 71he petition was
               introduced before the Maryland Boat Act Advisory Committee (a 21 member citizen committee that advises
               the Secretary of Natural Resources on boating matters) in October 1991. The Committee recommended that
               a minimum wake zone be imposed along the northern shoreline near the slalom water ski course and in the
               upper section of the creek where water depths were limited to 3 feet and under (Chart 4).
                       Shortly thereafter, the petitioners requested that a public hearing be, held to formally record their
               concerns that the proposed minimum wake zone did not offer sufficient protection to the creek. After
               reviewing the public hearing record, the hearing officer concluded that the proposed minimum wake zone V;W
               adequate, but also that the Boating Administration should undertake a water quality and submerged aquatic
               vegetation study in Cabin John Creek to investigate potential impacts.











                     3 Orth, R.J. and J.F. Nowak, 1987. "Distribution of SAV in the Chesapeake Bay and Tributaries and Chincoteague Bay"

                                                                      3










                South River Studv Sites
                       Three study sites will be selected for water quality sampling and one for SAV sampling. Water quaEty
                stations will be established in: a) Beards Creek - in the portion of the creek where water skiing and other
                boating activities are permitted and where water depths are limited to 8 feet or less, and b) Glebe Creek -
                a control site located in the South River where high-speed boating activity is regulated at 6 knots at all times
                from April 15 to October 15 (Chart 5), and c) South River near the Chesapeake Bay water quality monitoring
                station (south of Poplar Point near daybeacon #16). The SAV sampling station/s in Beards Creek will be
                selected by the investigator.


                Elk River Study Sites
                       Three study sites will be selected for water quality sampling, and one for SAV sampling. Water quality
                stations will be established in: a) Cabin John Creek - in the portion of the creek where water siding and other
                boating activities are permitted and where water depths are limited to 8 feet or less, and b) *Chum Creek -
                a control site located just south of the entrance to the Sassafras River on the Chesapeake Bay (Chart 6), and
                c) the Elk River near a Chesapeake Bay water quality monitoring station (south of Turkey Point near the
                mouth of the Elk River). The SAV station/s in Cabin John Creek will be selected by the investigators.


                light Attenuation &mximent Study Site
                      The study site for the light attenuation experiment is undetermined at this time. Consultations with
                the investigator/s will be made to determine a site that possesses suitable conditions. A Choptank River site
                near Cambridge, MD, may suffice given its close proximity to the scientists and technology of Hom Point
                Environmental Laboratory.















                Although boating activity on Churn Creek is not regulated with a 6 knot speed limit, little or no high-speed recreational boating activity occurs.




                                                                      5









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                                                                                  CHART 1                     SOUTH RIVER


































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                                                                                CHART 3 - ELK RIVER









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                         CHART 5 GLEBE CREEK










                SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN

                              CITIZEN REVIEW PANEL



             As part of the implementation and monitoring program of the
        South River Comprehensive Vessel Plan, a Citizens Review Panel
        was established to evaluate the effectiveness of the newly
        adopted speed limit regulations and area designations on the
        South River.

             The panel consists of seven members, all of whom are
        knowledgeable about boating issues and represent a sector of the
        South River's boating and recreational communities. Included on
        the panel are representatives from the South River Ski Club,
        marine businesses, community associations, the Coast Guard
        Auxiliary, the Maryland Boat Act Advisory Committee, sailing and
        power boat communities, and boaters-at-large.

             Specifically, the panel will collect data regarding boat
        traffic and use patterns, identify regulations that are not
        working or achieving their intended objective, and pinpoint the
        successes of the regulations. The panel will also review
        information regarding boat use on the South River, including a
        user survey and incident reports from the Natural Resources
        Police.

             Upon examining all information, the panel may provide
        recommendations for speed limit changes to the Boating
        Administration and the Maryland Boat Act Advisory Committee.

             It is anticipated that the panel will meet three to four
        times during 1992-1993. This time period will allow panel members
        to review data from two boating seasons. During this time,
        Boating Administration staff will provide administrative support
        to the panel, i.e. mailings, data processing, etc.









                                                          3 6668 14103 957


                 SOUTH RIVER COMPREHENSIVE VESSEL MANAGEMENT PLAN


                                CITIZEN REVIEW PANEL



         Member                        Representing

         Mr. Skip Bennett              marine Businesses/High Performance
                                       Power Boating


         Mr. John Flood                Community Associations/Passive
                                       Recreational Activities



         Mr. Fritz Hasler              Water Skiing


         Captain Richards T. Miller    Sailing/Boaters-at-large


         Ms. Joyce Myers               Marine Businesses


         Mr. Sal Picard                Boaters-at-large


         Ms. Anne Riel                 Coast Guard Auxiliary/Boat Act
                                       Advisory Committee