I received this letter a few days ago from United States Senator Barbara Boxer of California in response to the American Sailing Associations concern on the approval of the Clean Boating Act of 2008.
June 19, 2008
American Sailing Association
5301 Beethoven Street, Suite 265
Los Angeles, CA 90066
Dear Mr. Holmes,
Thank you for writing to me about recreational boating. I appreciate hearing from you.
I am pleased to inform you that on May 21, 2008, the Senate Committee on Environment and Public Works (EPW) unanimously approved the Clean Boating Act of 2008 (S.2766). As Chairman of the EPW Committee, I proudly joined Senator Bill Nelson (D-FL) in introducing this bill to establish measures that ensure the protection of water quality while minimizing any burdens for recreational boaters under the Clean Water Act.
The Clean Boating Act makes it clear that recreational boaters will not have to get a permit under the Clean Water Act, while also requiring the Environmental Protection Agency and the Coast Guard to develop management practices, outside of any permitting programs, to assist boaters in minimizing adverse pollution impacts. By helping boaters to maintain and improve water quality, the boating experience can be enhanced for all users.
In developing this bill, I worked closely with boat user groups and recreational boat manufacturers to meet the needs of boaters and our mutual goal of clean water.
The National Marine Manufacturers Association, which is leading the efforts on behalf of boaters everywhere, said, "This legislation takes a balanced approach which protects the American marine manufacturing sector, boaters and anglers, and the nation's aquatic resources."
Rest assured that I will continue working with my colleagues to see that Congress passes this legislation to protect recreational boaters and improve water quality.
Again, thank you for writing to me. Please feel free to write to me in the future about this or any other issue of concern to you.
Barbara Boxer
United States Senator
Senator Boxer seems very optimistic that this Act will be approved by Congress. But do not let that stop all of you from taking your own action. You can get involved by writing your Senators and instructing then to vote in accordance with the will of your state. It's been made very easy for you from our friends at the National Marine Manufacturers Association (NMMA). The NMMA has built a website just for communicating with Governmental Representatives. The site is called Boat Blue and the American Sailing Association recommends the best way to secure a future is to take action and secure it for yourself. Thanks. Have a Nice Day.
June 25, 2008Recreational Boating Legislative Activity
The following information is from the National Recreational Boating Safety Coalition regarding the 2008 mid-year update on Recreational Boating Lestislative Activity for two issues, Boater Education and use of Personal Flotation Devices (PFD).
This is an updated list of state legislative activity on these issues as well as other boating safety issues. Although most states have adjourned until 2009, five are still in session. Especially note the activity in eight states -- California, Florida, Georgia, Iowa, Maryland, Massachusetts, Michigan, and North Carolina.
If you have any additional information or corrections, please e-mail them to Tom O'Day at NRBSCoaltion@aol.com and Steve Blackistone at Blackis@ntsb.gov.
Alaska (Adjourned)
No comprehensive boater education requirement.
Arizona (Adjourned)
No comprehensive boater education requirement.
California (Adjourns August 31)
No comprehensive boater education requirement.
Sponsor withdrew support for legislation to require that operators of recreational vessels propelled by engines pass a one-time, State-approved test on May 22. The bill will be reintroduced in 2009. The bill has the support of many organizations and the lead California organization is the Recreational Boaters of California. (A.B. 2110/Duvall)
Contact: Ray Tsuneyoshi (BLA) (916) 263-4326; rtsuneyoshi@dbw.ca.gov
Jerry Desmond, Jr., Director of Government Affairs, RBOC, (916) 441-4166,
Assemblyman Mike Duvall, (916) 319-2072
Florida (Adjourned)
PFD requirement applies only to under age 6
Boater education requirement applies only to operators under age 21
The Florida Boating Advisory Council recommended that the Fish and Wildlife Conservation Commission propose a boater education bill. A legislative pre-hearing was held but no further action was taken.
Two Senate Committees approved legislation to raise the minimum operating age for personal watercraft operators to 16 but further action was tabled by the Environmental Council. New legislation will be introduced in the 2009 session. Reportedly, the Florida Council of Yacht Clubs has been supporting. (S.B. 1192/Rich; H.B. 703/Kiar)
Contact: Richard Moore (BLA) (850) 488-5600; Richard.moore@myfwc.com
Chris Neal, PWIA (202) 737-9773; cneal@peia.org
Georgia (Adjourned)
The "Mandatory Boating Safety Education Act" would prohibit any person from operating a recreational vessel unless they have completed a course in safe boating that has been approved by NASBLA and certified by the state. It was supported by the Georgia Department of Natural Resources and approved by Senate Committee on Natural Resources and Environment. but no further action taken before adjournment. (S.B. 389/Grant)
Contact: Ed McGill, Coast Guard Auxiliary, (678) 701-0234;
Chris Neal, PWIA (202) 737-9773; cneal@pwia.org
Hawaii (Adjourned)
No comprehensive boater education requirement.
Governor Lingle has expressed support for mandatory boater education, but no bill was introduced during the 2008 session.
Idaho (Adjourned)
No comprehensive boater education requirement.
A regulatory initiative to change Idaho's recreational boating education law was tabled until changes could be made in line with a "quick phase-in" program.
Contact: Dave Dahms, BLA, Department of Parks & Recreation (208) 514-2412
Illinois (Adjourned)
No boater education requirement
The Illinois Boating Safety Education Coalition was expected to seek mandatory boating safety education legislation for all boaters and rental safety instruction for personal watercraft renters. However, no bill was introduced in 2008. Coalition participants include the Coast Guard and Coast Guard Auxiliary, the United States Power Squadrons, the Chicago Police Department, several yacht clubs, and others.
Contacts: Joe Morelock (BLA) (217) 782-5828; joe.Morelock@illinois.gov or Don Koster, Chicago Yachting Association and Chair, Illinois Boating Safety Education Coalition (708) 921-1363; koster43@sbcglobal.net
Indiana (Adjourned)
No comprehensive boater education requirement.
Iowa (Adjourned)
Enacted a PFD requirement
Legislation establishing a PFD use requirement for children age 12 and under was signed into law by Governor Culver on May 10. (H.F. 2612/Natural Resources Committee).
Kentucky (Adjourned)
No comprehensive boater education requirement
Boater education legislation passed the House (70-27) and was referred to Senate Transportation Committee. However, there was no further action prior to adjournment. (H.B. 452/Riggs)
Contact: Lt. Mike Fields, Division of Law Enforcement, Kentucky Fish and Wildlife Dept., (502) 564-3176
Maine (Adjourned)
No comprehensive boater education requirement
The full House of Representatives voted (94-40) to accept the Joint Inland Waterways and Fisheries Committee's "Ought Not to Pass" recommendation, thus killing the bill. Although the bill did not pass this year, the PWIA representative believes it has been valuable in raising statewide awareness about the need for a boater education requirement. He is optimistic for prospects next year. (LD 2067/Watson)
Contacts: Major John Fetterman, Deputy Chief, Maine Marine Patrol, (207) 624-6555, john.fetterman@maine.gov;
Ralph Pears (PWIA representative) (207) 468-1165; rbpears@gwi.net
Maryland (Adjourned)
Bill Gossard (NTSB) met with the boating law administrator (Natural Resources Police Col. George Johnson) and his staff on April 10 to discuss prospects for increasing the PFD age requirement from 6 to 12. Col. Johnson and Safety Board representatives hope to meet with the Secretary of Natural Resources (and possibly Gov. O'Malley) during the summer to discuss raising the age requirement.
Massachusetts (Adjourns January 6, 2009)
No comprehensive boater education requirement.
Public Safety and Homeland Security Committee approved mandatory boater education bill on April 1. Pending before Ways and Means Committee. Boating coalition advocates will be meeting with Committee members on June 19 in an effort to move the bill to the Committee on Bills in Third Reading. (H. 2400/Verga)
Contact: Representative Anthony Verga (617) 722-2877; Rep.AnthonyVerga@hou.state.ma.us
Michigan (Adjourns December 31)
Legislation to raise the minimum age to operate a personal watercraft from 14 to 16 and to prohibit the operation of personal watercraft beginning at sunset, rather than one hour before sunset. Passed the House and Senate Natural Resources and Environmental Matters Committee. Senator Majority Leader Mike Bishop has agreed to schedule it for full Senate consideration. An amendment to name the bill after Ashley Iseman, an accident victim is expected, which will require House approval again. (H.B. 6014/Hammon)
Contact: Chris Neal (PWIA) (202) 737-9773; cneal@pwia.org
Minnesota (Adjourned)
No comprehensive boater education requirement.
A prominent Senator continues to express interest in sponsoring mandatory boater education legislation, but nothing was introduced in 2008.
Contact: Bill Gossard (NTSB) (202) 314-6182
Montana (No regular session in 2008)
No comprehensive boater education requirement.
Contact: Ron Jendro, Dept, of Fish, Wildlife & Parks (406) 444-0136; rjendro@mt.gov
New York (Adjourns January 7, 2009)
Plans are underway to strengthen the existing boater education law. CG Auxiliary reports that the Governor is expected to propose an education bill.
Contact: Brian Kempf (BLA) (518) 474-0445; brian.kempf@oprhp.state.ny.us
North Carolina (Adjourns August 3)
No comprehensive boater education requirement.
A coalition forming to develop support for a mandatory boater education bill held an initial meeting on April 16. Rep. Michael Wray (D-Gaston) has sponsored legislation to create a study committee in anticipation of introducing a bill in 2009. A coalition conference call is expected in the near future. (H.B. 2139/Wray)
Contact: Pete Deschenes, Chair, N. C. Coalition (252) 586-3144; stugaville@embarqmail.com
South Carolina (Adjourned)
No comprehensive boater education requirement.
South Dakota (Adjourned)
No comprehensive boater education requirement
Contact: Bob Brown, Dept. of Game, Fish and Parks; (605) 734-4530; bob.brown@state.sd.us
Utah (Adjourned)
No comprehensive boater education requirement.
The House defeated a bill requiring operators of boats with engines in excess of 50 hp to be licensed and complete a mandatory boating safety education course. (42-28-5) on Feb. 14. Utah AAA and other insurers led a mandatory boater education coalition. (H.B. 154/Dunnigan)
Virginia (Adjourned)
No PFD use requirement.
The Assembly Committee on Agriculture, Chesapeake, and Natural Resources approved a life jacket bill for children age 12 or under (HB 1250) on February 6. The full House approved a motion to refer it to Appropriations, thereby killing it, on February 8 on a 52-47 vote.
At its April 1 meeting, the Virginia Safe Boating Alliance decided to defer seeking a PFD requirement until the 2010 legislative session. In the meanwhile it designated a subcommittee to develop information on PFD research and statistics.
Groups interested in PFD legislation will meet in Portsmouth on June 26 to consider future strategy and options.
Contact: Bruce Dungan; 11dunganb@jetbroadband.com
Wisconsin (Adjourned)
No PFD use requirement.
The Senate approved a PFD use bill in 2007, but no further since then. (S.B. 16/Sullivan; A.B. 45/Gottlieb)
Contact: Bill Engfer, DNR, (608) 266-0859; William.engfer@dnr.state.wi.us.
Wyoming (Adjourned)
No comprehensive boater education requirement.
There may be an attempt to impose a boater education requirement by regulation, rather than by legislation.
Contact: Carol Havlik, Game & Fish Dept., (307) 777-4686; carol.havlik@wgf.state.wy.us
