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Get Involved With Bills That Affect Boaters

June 11, 2008 - It happens every year, with every level and branch of government. Well-meaning elected officials consider, and sometimes pass, legislation that can put additional burdens on boaters and the boating industry.

Or if laws on the books are not working as intended, someone might take the matter to court, where judges interpret those regulations and issue orders on how they should be enforced.

While public policy may often be the last thing on many boaters’ minds, it’s important to pay attention. What happens in Augusta and Washington can have a direct effect on our ability to enjoy our favorite summer pastime with minimal government intrusion.

Case in point: A U.S. District Court decision in September 2006 that directs the Environmental Protection Agency to require owners of all vessels – even small recreational boats – to get discharge permits from their states.

The costly permit program must be in place by Sept. 30, so time is running out for recreational boaters to be heard and for Congress to pass legislation to soften the impact of the court order.

The order for the permit program stems from a lawsuit originally meant to stop the spread of invasive species from abroad by targeting ocean-going commercial vessels carrying ballast water. When the permit requirement was extended to all vessels, regardless of size or purpose, the Clean Boating Act of 2008 was introduced.

The act does not weaken any existing environmental laws that restrict the overboard discharge of oil, fuel, garbage or sewage. It simply retains the exemption under the Clean Water Act of 1972 for “normal operational” discharges from recreational boats, such as deck run-off from rain or engine cooling water.

Both the Senate version of the bill, S. 2766, and the House version, H.R. 5949, have received favorable treatment from their respective committees, but the battle is not over. The legislation needs to be taken up and approved by the full House and Senate before the September deadline.

“Everyone who enjoys boating needs to ask their legislators for their support when it comes to a floor vote,” said Margaret Podlich, vice president of government affairs for BoatUS, an association that lobbies in federal and state arenas on issues that affect recreational boaters. “We need constituents to speak up now – even if they have done so in the past year.”

It looks like at least half of Maine’s congressional delegation is already on board. Both senators – Olympia Snowe and Susan Collins – are co-sponsors of the Senate bill.

While Reps. Tom Allen and Mike Michaud had not yet signed on as co-sponsors of the House measure, both co-sponsored a similar version last year. A call or letter to Allen or Michaud, as well as Snowe and Collins, expressing your support for the Clean Boating Act of 2008, would be a wise move.

Closer to home, the Maine Legislature took up a number of bills earlier this year, with mixed results.

Lawmakers passed bills to promote on-line boat registrations and to incorporate the lake protection sticker into the registration process. But lawmakers declined to adopt horsepower restrictions for boats on Long Lake and Brandy Pond.

They also voted down a proposal to impose the same guidelines that exist for the operation of personal watercraft by people under the age of 18 to motorboat operation. Finally, they defeated a bill that would have required boating safety education for all operators of motorboat and personal watercraft.

Whether the defeat of those three proposals can be considered good news or bad news is a matter of opinion. The reality is that there are boat operators on Maine waters who could benefit from any one of those measures. On the other hand, to impose onerous requirements on everyone because of a few problem people seems unfair.

It’s likely that proposals like these will come up again. When they do, boaters who feel strongly about these issues should be sure to contact their representative or senator to make their thoughts known.

Gail Rice of Freeport and her husband, Randy, race and cruise their Pearson 30 sloop on Casco Bay.
Portland Press Herald, June 8, 2008.

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