OCEAN CITY — If new regulations are going to be in place prohibiting bow-riding in Ocean City this summer, it will have to be approved as legislation and not by regulation as originally planned.
In the wake of several serious boating accidents in the resort last summer, including a fatal propeller strike that claimed the life of a child last August, Ocean City’s representatives in Annapolis, including Senator Jim Mathias and Delegate Mary Beth Carozza, began discussions in earnest with state boating officials, the Maryland Department of Natural Resources (DNR) and its enforcement wing the Maryland Natural Resources Police (NRP) about tightening the dangerous practice of bow-riding.
Almost immediately after last August’s tragic fatality, Mathias was approached by a long-time veteran NRP officer who expressed a desire to get something stronger on the books regarding bow-riding. As it stands now, there is no specific language in state law regarding bow-riding and it is mired somewhat in the larger citation of reckless operation.
In December, Mathias and Carozza, along with DNR and NRP officials, met with the state’s Boat Act Advisory Committee. Out of that meeting came a proposed regulation change that would put a new law on the books before the spring.
Initially, Mathias and Carozza were considering potential legislation to affect the change in the regulations regarding bow-riding, but after meeting with the Boat Act Advisory Committee in December, it was decided a regulatory remedy could be expedited and put on the books faster after the requisite public comment period rather than going the legislative route.
To that end, Mathias, Carozza, the DNR, the NRP and the Boat Act Advisory Committee set on a course that would affect the change by regulation and not legislation and it appeared, by all accounts, to be a mere formality.
However, late last month for specific reasons unknown, the DNR and Gov. Larry Hogan’s administration reversed course and decided adding new regulations regarding bow-riding would more appropriately be achieved through legislation. That decision came at a time when the current General Assembly session was at or near its midway point, causing Mathias and Carozza to scramble to get bills introduced in their respective chambers.
Mathias said this week the administration’s decision to go the legislative route midway through the current session took him somewhat by surprise and forced he and Carozza to quickly introduce cross-filed bills last week.
“This is a critical public safety bill for boating in Maryland, specifically for the residents and visitors to our area,” he said. “Virtually the day after the incident, I immediately embarked on finding a remedy with the DNR and its leadership. We worked through the regulatory process, but unfortunately, they changed gears again and now they want it done by legislation.”
Mathias said this week the intent back in the beginning was to pre-file bills regulating bow-riding, which would have put them well along the way through the approval process by now. However, because the decision to go the legislative route has come so late in the game, getting the bow-riding legislation through now will come with its challenges.
“The deadline has passed and now we’re going to have to go through the rules procedure,” he said. “It’s going to be a challenge, but I’m going to work to get this through in the next 40-odd days we have left in the session.”
Mathias and Carozza each submitted cross-filed bills last week and are in the midst of getting the legislation through the rules process and in front of the appropriate committees and eventually the full House and Senate. The bills have been introduced as emergency legislation, which would put the new regulations in place upon approval.
“This tragic accident affected all of us,” said Mathias. “As has been the case since I first became involved in public service, whenever there is a tragedy, I’ve worked exceedingly hard to make sure we learn from it, figure out how to prevent it from happening again and improve the atmosphere surrounding the tragedy. That’s what we’re trying to do with this one and I thought we had a regulatory remedy, but now we’re going the legislative route. We have to have this in place before we leave here in whatever it is now, 43 days.”
Mathias said he wouldn’t handicap the chances of getting the bow-riding legislation approved, but said it wouldn’t be for lack of effort.
“I never speak with any type of assumptions, but at no time did a see any opposition to this,” he said. “If anything, people wanted things to be stronger. With all my legislative experience and the relationships I’ve established, I am going to apply every bit of that to get this legislation through.”