quote:
Baltimore County Marine Trades meets with DNR for
Clarification of Policies
Due to the ever-increasing perception of law enforcement harassment on
Baltimore County waterways this summer, John Polek (Sunset Harbor Marina),
Ray Porter (Porter’s Marina), Brian Schneider (Tradewinds Marina) and Wayne
Miskiewicz (Maryland Marina) from the Marine Trades Association of Baltimore
County me with Natural Resources Police Major Jerry Kirkwood on Tuesday, July
15th. Also attending the meeting were the owner of the Crazy Tuna Bar & Grill,
and representatives from Carson’s Creekside Restaurant and R/C Kent Terry from
the Chesapeake Bay Yacht Clubs Association.
The purpose of the meeting was to express the local boaters’ perception of
harassment on the waterways. Major Kirkwood listened intently to our concerns
that some officers (DNR, USCG and County Police) are being more aggressive than
they need be and those activities are negatively impacting our businesses and
local recreational boating in general.
By DNR’s own report on 2013 Boating Accidents, the number of boating accidents
and injuries has been trending downward since 2010. Alcohol related accidents in
all of Maryland in 2013 were 30% less than the national average. Boat accident
fatalities are virtually the same as ten years ago, except for a spike in 2011.
Major Kirkwood assured us that the DNR officers must have probable cause to
stop a vessel or the person or persons on board the boat are engaged in an activity
regulated by DNR(hunting/fishing). Contrary to some beliefs, an open container of
beer does not constitute probable cause by itself. There is no law against open
containers associated with boating on the waters of Maryland. Probable caused is
judged by the court, Major Kirkwood has not personally used drinking a beer as
PC but, depending upon the circumstance believes that he thinks the court may
accept it. If he saw someone drinking from a bottle of Vodka or other liquor, he
would consider it not normal and this would seem to definitely be cause to stop
and investigate.
So, what gives DNR officers probable cause? Common reasons are improper
navigation lights, out-dated registration stickers, unsafe riders on bow, and over-
loaded boats. Unfortunately, many routine stops for these causes result in
citations for other violations as well. DNR officers often take the opportunity to
verify all other safety equipment is onboard. Has this action saved any lives or
reduced injuries? No one can say for sure, but certainly, this is for the boater’s
benefit.
Major Kirkwood did acknowledge that Coast Guard officers were aboard DNR
boats over the last weekend in June for Operation Dry Water. By law, Coast
Guard does not require probable cause to stop a vessel. There were 10 operators
charged with OUI that weekend, a brief look it seem 4 were USCG involved 6 were
Of most concern to Major Kirkwood were the comments that law enforcement
are hanging out in close proximity to the area bars, intimidating all boaters,
drinking or not. This enforcement tactic has caused many boaters to refrain from
visiting the local waterfront restaurants & bars for a variety of reasons. That was
the one concern that had the most impact on Major Kirkwood.
He agreed to speak with his officers as well as his counterparts with USCG and
Baltimore County and share our concerns and perceptions.
The Marine Trades Association is arranging a meeting with Baltimore County
Marine Police in the next few days and hopes to meet with the USCG as well.
The bottom line for boaters is this: whether you have been drinking or not, don’t
give law enforcement cause to stop your boat. Check your lights, use your lights,
don’t over-load your boat, keep everyone’s arms & legs inside the boat, check
your registration stickers and, of course, if you have been drinking, let someone
else operate your boat!
Be Safe on our waterways.
