Boat Act Advisory Committee (BAAC) Proposed 2021 Meeting Dates

● Thursday, January 28, 10:00 am - 1:00 p.m.

● Thursday, April 15, 10:00 a.m. - 1:00 p.m.

● Thursday, July 15, 10:00 a.m. - 1:00 p.m.

● Thursday, September 16, 5:30 p.m. - 8:30 p.m.

All meetings will be held in accordance with Open Meeting Act as well as State guidelines and executive orders in place at the time of the meeting to protect public health and safety.

Tawes State Office Building – 580 Taylor Avenue – Annapolis, 21401 410-260-8DNR or toll free in Maryland 877-620-8DNR – ​dnr.maryland.gov ​ – TTY Users Call via the Maryland Relay

Boat Act Advisory Committee (BAAC) Meeting December 11, 2020

Summary of Actions and Motions

Committee Members in Attendance: Chair Thornell Jones, Vice - Chair Jon Sheller, Robin Allison, Amy Craig, ​ Russ Dwyer, Joe Hellner, Steve Kling, and Bob Nickel.

Committee Members Absent or Not Represented: Fred Levitan and Ramona Trovato. ​

Department of Natural Resources (DNR) Staff Present: Bill Anderson, Karen Knotts, Mike Simonsen, Tamara ​ O’Connell, and Ann Williams.

Public Comment and Total Present: A maximum of 15 individuals were online during the course of the meeting. ​

Action Items:

● Vice – Chair Jon Sheller made a motion to allow discussion of the October 1 and​ 7 BAAC Public ​ Comment Meeting summaries. Motion was second by Joe Heller. Chair Thornell Jones entertained discussion of Vice – Chair Jon Sheller’s concerns about the summaries. ● Mike Simonsen reported that the Emergency Regulation for the – Construction Zone around the Governor Harry W. Nice Memorial/Senator Thomas “Mac” Middleton Bridge was currently under review by the Joint Committee on Administrative, Executive & Legislative Review (AELR). ● Mike Simonsen reported that BAAC recommendations on 2020 boating regulation change request recommendations are under review by the Department of Natural Resources. ● Mike Simonsen shared that longtime volunteer Amy Craig was reappointed to the BAAC. ● Chair – Thornell Jones asked Bill Anderson to please indicate to the Secretary, the BAAC’s appreciation of recognizing the committee’s proactive stance for the emergency regulation for the Nice/Middleton Bridge Construction project. Bill Anderson advised that he would. ● Amy Craig was appointed by Chair Thornell Jones to be the BAAC Nomination Chair. ● Future discussions will include DNR review of COMAR language regarding Frog Mortar Creek and Validation Stickers, BAAC meeting months noted in COMAR, and updating of the BAAC Membership Manual and request for boating regulation change form. ● Congratulations to the new BAAC appointees, Lauren McCann, Christine Poulsen and James Wommack. ● Committee reported difficulty hearing due to poor audio and echo reverberations during the meeting. ● Chair Thornell Jones requested Ann Williams email him a packet of regulation modifications. ● Certificates of Appreciation were discussed for John Pepe and Coles March. Mike Simonsen will follow-through.

Tawes State Office Building – 580 Taylor Avenue – Annapolis, Maryland 21401 410-260-8DNR or toll free in Maryland 877-620-8DNR – ​dnr.maryland.gov ​ – TTY Users Call via the Maryland Relay

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Motions: ● Approval of the October 1 and 7 BAAC Public Comment Meetings. Motion by Steve Kling to approve the ​ summaries was questioned by Vice – Chair Jon Sheller. Vote ended in tie, Chair Thornell Jones voted No. Motion failed. ● Nomination of Steve Kling for the BAAC Officer at Large position. Motion by Amy Craig. Vote: In Favor - ​ Unanimous ● Motion to have the October 1 and 7 BAAC Public Comment Meeting summaries revised for the January meeting. Motion by Vice – Chair Jon Sheller, seconded by Joe Hellner. Vote: In Favor - Unanimous. ​ ● Motion to adjourn meeting. Motion by Amy Craig, seconded by Robin Allison. ​

Next Meeting Date: ● January 21, 2021 10:00 a.m. – 12:00 p.m. Webex Virtual/Telecom (Meeting Date Changed to: January 28, 2021 10:00 a.m. – 12:00 p.m. Webex Virtual/Telecom)

2 MARYLAND BOAT ACT ADVISORY COMMITTEE (BAAC) MEETING SUMMARY October 7, 2020

Attendees: BAAC Chair Thornell Jones and Vice Chair Jon Sheller, BAAC members Russ Dwyer, Joe Hellner, Bob Nickel, Steve Kling, Amy Craig, and Ramona Trovato. Department of Natural Resources (DNR) Asst. Secretary –Aquatic Resources Bill Anderson, BAAC Liaison Mike Simonsen, DNR Fishing and Boating Services members Jeannine Moaney, Karen Knotts, and Ann Williams. Guests and members of the public were also in attendance during the meeting.

Call to Order: Mr. Jones called the meeting to order and asked the members to introduce themselves. He then explained the role of the BAAC.

Ground Rules: Mr. Jones went over the rules for the virtual public meeting.

Presentation of 2020 Boating Regulatory Requests: Mr. Simonsen discussed the following requests.

A. Harris Creek/Talbot County: The request is for a 6-knot speed limit at all times in Upper Harris Creek, east of Cummings Creek.

Petitioner Mr. Chase Sanders shared he has lived in the immediate area for 20 years and is worried about someone getting hurt due to excessive speed, especially while operating personal water craft (PWC). Mr. Sanders explained that the DNR survey buoy was very helpful and that the buoy’s presence helped in slowing down boating traffic.

Natural Resources Police (NRP) Officer Hellwig stated he has not noticed very many PWC, mostly just recreational and commercial fishing boats in this waterway area. He mentioned there have been commercial violations in the area. Mr. Hellner asked what type of commercial violations? Officer Hellwig stated most were conservation related – too many small crabs and oysters. Mr. Dwyer mentioned he has talked to some watermen, and they have not had any problems in this waterway area. Mr. Sheller visited the area and advised that in his opinion, a speed limit is not needed at this time.

Mr. Simonsen shared that communications from constituents during the DNR survey period showed none “In Favor” or “Opposed”. Mr. Dwyer made a motion for “No Change” and Mr. Nickel seconded the motion. The vote was unanimous for “No Change”.

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B. /Talbot County: The request is for a 6-knot speed limit at all times beginning at the entrance/intersection into Jacks Creek continuing upriver and ending in the vicinity of the Easton Point Landing/boat ramp by BEACON RED #22.

Petitioner Ms. Paris spoke about the increased boating traffic in this waterway area and presented a video supporting her position. Proponent Mr. Sean Mallin stated he witnessed an accident in 2019. Mr. Nickel questioned whether Mr. Mallin reported it to the NRP, and Mr. Mallin explained he did not.

During the meeting’s public comment period, two citizens spoke “In Favor” and seven citizens spoke in “Opposing” the petition request.

Mr. Nickel questioned how many violations were there in the past year. NRP Officer Hellwig shared he did not have a specific number. Mr. Dwyer mentioned that NRP used to provide reports. Mr. Dwyer questioned Officer Hellwig on how long ago was he asked to provide this information. Officer Hellwig shared that it was around July 4, 2020, but he never got a chance to acquire the report. Mr. Dwyer then questioned Officer Hellwig if there were other NRP officers to assist him? Officer Hellwig replied yes.

Mr. Dwyer made a motion of “No Change” and Mr. Hellner seconded the motion. The vote was unanimous of “No Change”. Ms. Trovato shared concerns that the NRP Officer’s information was so limited.

C. /North Glade Cove/Garrett County: A regulatory request forwarded by the Deep Creek Lake – Policy Review Board (PRB) for a minimum wake zone (6-knots or below at all times) from the mouth of North Glade Cove to the head of the waterway.

Over the last two years, this regulatory request was previously discussed by the Deep Creek Lake – PRB. Per policy, PRB board member Mr. Huffman formed a subcommittee, which included PRB member Bob Sutton, NRP Sgt. Mike Friend, and DNR staff members Eric Null and Michael Grant.

Mr. Sutton shared that the PRB forwarded this new regulation request based on the fact that the North Glade Cove waterway contains the largest homeowners association marina on Deep Creek Lake. Mr. Sutton stated that Sky Valley Homeowners Association Marina is home to 154 boats, 25 PWCs and 200 kayaks. He said there are an additional 25 powerboats on neighboring properties inside North Glade Cove and the area is commonly used by inner tube and raft type users during hot summer days. Mr. Sutton explained there are many obstacles and he feels that an accident is waiting to happen. Mr. Sutton shared his observation that the presence of the DNR survey buoy substantially slowed traffic into the North Glade Cove area. He also mentioned that Sky Valley Homeowners Association has spent $20K each of the last four to five years in repairing damage

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to docks that are hinge pinned together. Mr. Sutton also claimed that Sky Valley Homeowners Association is on track toward spending an additional $100K in shoreline repair and restoration.

On behalf of the NRP, Mr. Simonsen read the NRP Officer’s submitted report.

Mr. Hellner made a motion to “Approve” the regulatory request from the PRB and Mr. Kling seconded the motion. The BAAC voted six “In Favor”, one “Opposed” and one “Abstained”. The vote by the BAAC, passed to “Approve” the PRB regulatory request.

Old Business: Regarding the request by the U.S. Naval Academy Sailing Department for a 6-knot speed limit at all times, 220 yards from the U.S. Naval Academy, NRP Officer Jason Hayes for Area 3 – Anne Arundel County, explained this petition was discussed at the October 1, 2020 BAAC public meeting. Officer Hayes shared he had changed his position, because of the public comments of concern that were shared during that meeting. Officer Hayes, for the record, explained there should not be a 6-knots all time speed limit from the Rte. 450 Bridge to the Spa Creek entrance due to safety concerns of all waterway users. Chair - Mr. Jones shared it was the recommendation of the BAAC for “No Change” and thanked Officer Hayes for updating his statements for the record.

Regarding the Tred Avon River/Talbot County regulation change request – Mr. Dwyer mentioned he would like the NRP next time, to be more prepared for providing information and statistics.

Adjourned: 8:15 p.m. / Amended Version

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MARYLAND BOAT ACT ADVISORY COMMITTEE (BAAC) MEETING SUMMARY October 1, 2020

Attendees: BAAC Committee Chair Thornell Jones and Vice Chair Jon Sheller, BAAC members Russ Dwyer, Joe Hellner, Bob Nickel, Steve Kling, Amy Craig, and Ramona Trovato. Department of Natural Resources (DNR) Asst. Secretary –Aquatic Resources Bill Anderson, BAAC Liaison Mike Simonsen, DNR Fishing and Boating Services members Karen Knotts, Paul Genovese, and Jeannine Moaney. Guests and members of the public were also in attendance during the meeting.

Call to Order: Mr. Jones called the meeting to order and asked the BAAC members to introduce themselves. He then explained the role of the Boat Act Advisory Committee.

Approval of May 19, 2020 BAAC Meeting Summary: Mr. Jones called on each member to approve the May 19 BAAC meeting summary. The committee unanimously approved the summary, with the exception of two members who did not attend the May meeting.

Ground Rules: Mr. Jones went over the rules for the virtual public meeting.

Presentation of 2020 Boating Regulatory Requests: Mr. Simonsen discussed the following requests.

A. /U.S. Naval Academy Sailing Department: The request is for a 6- knot speed limit at all times, 220 yards from the U.S. Naval Academy.

Maintenance Division Officer, Lt. Sara Sanchez-Maldonado mentioned there was a request submitted regarding this topic, some time ago. Mr. Simonsen read a letter submitted by the Anne Arundel Maritime Industry Advisory Board, supporting an email for the record that their advisory board received on Sept. 30, 2020 by Gamma Engineering’s – Mr. Mike Helfrich, which was in opposition to the boating regulation change request.

Mr. Peter Schellie shared his opposition to the request based on several factors: (1) it does not represent a reasonable sharing of the waterway; (2) the proposed boating regulation change request would cut in half the amount of waterway area for a boater; and (3) there is already a lot of boating traffic and the requested speed limit would not have any impact on boating congestion.

Natural Resources Police (NRP) Officer Hayes shared he had not received very many calls, but he was aware that there was a serious accident in the area. He also mentioned Mr. Schellie had some valid points.

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Severn River/U.S. Naval Academy Sailing Department: (Continued)

Mr. Kling asked about the reason for requesting 220 yards. Lt. Sanchez- Maldonado stated that she would need to talk to her higher ups, to find out why. Mr. Nickel asked NRP if they approve the request or deny it. NRP Officer Hayes said it should be approved.

Mr. Simonsen shared that communications from constituents during the DNR survey period showed seven “In Favor” and nine “Opposed” to the request.

During deliberations regarding the regulation change request, Mr. Dwyer made a motion for “No Change” and Mr. Kling shared he would reluctantly second the motion. After a short discussion by Mr. Kling and Mr. Hellner, a vote on the motion for “No Change” was passed unanimously by the BAAC.

B. Martin’s Cove/Mill Creek: The request is for a year round 6-knot speed limit for Saturdays, Sundays and State holidays. The petition is to combine and relocate the current waterway demarcations of Martin’s Cove and Mill Creek.

Petitioner Mr. Donald Parker stated that he requested this change 10 years ago but he did not receive a response. Mr. Parker also shared that he tried getting consensus from his neighbors and asking questions of DNR, but his personal water craft (PWC) concerns were not addressed.

Officer Hayes mentioned that regulation 08.08.02.05, Section (K) and (L) was still in effect. He noted there has been an increase in calls regarding Mill Creek, complaining about jet skis and stand-up jet boards. Officer Hayes strongly suggests 6-knots at all times.

Mr. Simonsen shared that communications from constituents during the DNR survey period showed six “In favor” and two “Opposed” to the regulation change request.

Mr. Nickel made a motion of “No Change” and Mr. Kling seconded the motion. The BAAC voted, which ended in a tie, (4 to 4). After deliberating on the remaining two Boating Regulation Change Requests for Anne Arundel County, Mr. Jones returned to re-open the question of Mr. Parker’s request. Mr. Kling made a motion to “Re-Open the Question” and it was seconded by Mrs. Craig. After a thorough discussion, the BAAC voted again. Six members voted for the original motion of “No Change” and 2 voted “Opposed” to the motion, which resulted in a majority “No Change” final vote by the BAAC.

C. Fork Creek/Cool Springs Cove: The request is for relocating the DNR buoy and making the described area 6-knots speed limit all year.

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Fork Creek/Cool Springs Cove: (Continued)

Petitioner Mr. Bill Zichos shared that he has never known of a 6-knot marker being so close to the Ulmstead Community Marina. His petition for a new demarcation line is at the location to which a NRP officer previously moved the buoy. He feels it is a reasonable area. Mr. Zichos is requesting moving the buoy an additional 400 feet down the waterway.

Mr. Niland and Mr. Cooley, residents of Ulmstead Community, stated they were in favor of the request. The NRP officer noted there were no complaints, but he is not opposed to the request.

Mr. Simonsen shared that communications from constituents during the DNR showed 46 “In Favor” and one “Opposed”.

Mr. Kling made a motion to approve the change and Mr. Dwyer seconded the motion. The BAAC voted unanimously “In Favor” of the change.

D. Riva Bridge (): The request is to make this area 6-knots at all times.

Petitioner Mr. Fred Galloway stated this matter is a safety issue and showed a presentation. Mr. Kling asked what the petition request was for and mentioned this idea was brought up a few years ago. Mr. Kling asked what changed? NRP Cpl. Robinson mentioned there is more traffic and that people (waterway users) are getting slammed (with wake disturbance). It was shared there were 7 slip holders. Mr. Kling questioned how many slip holders in total were there to accommodate. The reply was 25 slip holders in total. Cpl. Robinson explained it is a confusing area for boaters.

Mrs. Trovato questioned if there were any tickets written? Cpl. Robinson reported there were 10 calls for service this year in the Beards and Broad Creek areas, plus some speeding issues and a few patrols cited some people. Mr. Kling questioned what the breakdown for the 10 calls were. Cpl. Robinson did not know.

Mr. Kling explained there is a signage problem (Riva Bridge). Cpl. Robinson stated he is in favor of the petitioner’s request.

Mr. Simonsen shared that communications from constituents during the DNR survey period showed 21 “In Favor” and two “Opposed”.

Mr. Dwyer made a motion of “No Change” and Mrs. Craig seconded the motion. The BAAC voted on the motion for “No Change”, which passed by 6 “In Favor” of “No Change” and one “Opposed”.

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New Business: Chair - Mr. Jones shared he wanted to recognize former BAAC members Mr. John Pepe and Mr. Coles Marsh for their years of service and asked the BAAC to let him know if they had any ideas.

Mr. Dwyer mentioned having future BAAC meetings at 10 a.m. and - Mr. Jones shared this topic would be discussed in the future. Mr. Simonsen shared that the DNR Secretary supported the BAAC’s original decision for “No Change” regarding the Little Annemessex River and added the DNR Secretary would like more NRP presence on days that special events take place in the Crisfield area.

Adjournment: 8:22 p.m. / Amended Version

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Fishing and Boating Services Regulatory Update

Dates Covered: 12/1/2020 to 1/21/2021

Public Notices Issued

Topic Title Newspapers Regulation Proposal Washington Post, Baltimore Sun, Boating Speed Limit – Potomac River – Potomac River and Southern Maryland News Washington Post, Baltimore Sun, Regulation Proposal Proposed Amendments to Boating Capital, Star Democrat, and – Navigational Rules Navigational Rules Southern Maryland News

Emergency Regulations in Effect

Effective Topic COMAR Description Dates Harry W. Nice/Thomas “Mac” Middleton Bridge 1) Establishes an area around the bridge to which the 12/22/2020 Potomac River 08.18.01 speed limit applies. through (Speed Limit) .07 2) Establishes a speed limit of 6 knots at all times for 6/21/2021 the area. 3) Speed limit is effective until December 31, 2024.

Regulations that became Effective Emergency Action for a speed limit near the Harry W. Nice/Thomas “Mac” Middleton Bridge. See details above.

Requests for Regulation Changes Received in 2021 Number of Requests Received: 3 Number of Requests Received for Deep Creek Lake: None

Requests for Regulation Changes Received in 2020 Decision for how to proceed is pending.

Page 1 of 2 Regulations that have been Proposed and are Following the APA Process View Maryland Register at http://www.dsd.state.md.us/MDR/mdregister.html

MD Comment Register Scheduled Topic COMAR Period Description Comment Effective Ends Begins Proposal is being WITHDRAWN — the area is too small. A new proposal will be submitted in February.

Harry W. Nice/Thomas “Mac” Middleton Bridge Potomac 08.18.21 1/4/21 N/A N/A 1) Establishes an area around River .07 the bridge to which the speed limit applies. 2) Establishes a speed limit of 6 knots at all times for the area. 3) Speed limit would be effective until December 31, 2024. Updates the data that requires boaters to follow the federal rules for operating on Maryland’s waters. 1) Corrects the name of the Navigational 08.18.01 1/15/21 2/16/21 3/22/21 federal act. Rules .04 2) Cites the appropriate sections of the Code of Federal Regulations. 3) Removes the reference to a document that no longer exists.

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