Update on RBOC-BoatU.S. Call to Action - Vessel Registration Fee Increase

An update, with thanks to thousands of boaters who have been contacting their elected representatives in the California Senate and Assembly regarding the Governor’s proposal to increase boat registration fees by 300%.

The Governor has announced his signature of a package of 24 measures that includes the budget bill junior as well as numerous budget trailer bills: https://www.gov.ca.gov/2023/07/10/governor-newsom-signs-infrastructure-budget-legislation-to-build-more-faster/

This package does not include a revision to the vessel registration fees [set forth in Vehicle Code Section 9853].  The text of the previously announced budget trailer bill has not surfaced.

This package does not include an extension of the 1-1-24 sunset of the statute providing that a portion of initial vessel registration fees is provided to CARB [set forth Vehicle Code Section 9853.6].  It is our understanding that SB 84  [Gonzalez] that would extend the sunset will not move forward, and that AB 241 [Reyes] which as amended no longer includes this provision is the measure that may move forward.

The ongoing deficiency in the state Harbors and Watercraft Revolving Fund has therefore not been resolved for the state fiscal year that began on July 1.

The Governor and his administration have not stated that they are no longer proceeding with their proposed vessel registration fee increase, or that they have revised the proposal.

The Legislature is scheduled to begin its month-long summer recess on July 14, returning on August 14 for a final month of action.

So the possibility remains that the issue will be engaged before the Legislature adjourns on September 14.

RBOC is therefore continuing with our call-to-action, encouraging boaters to continue contacting their state legislators. To do so: click here

RBOC Testifies as Air Board Considers New Emission Requirements for Commercial Harbor Craft

RBOC joined dozens of stakeholders testifying in today’s meeting of the California Air Resources Board as it considered a revised proposal establishing lower emission requirements for commercial harbor crafts.

CARB Meeting March 24, 2022

RBOC’s efforts are in furtherance of its position as set forth in comments submitted in November of 2021 [click here], working together with our national advocacy partner BoatU.S., sportfishing groups and boating industry organizations.

Today, the CARB board adopted Resolution 22-6 [click here] with improvements to the updated regulations to allow for compliance flexibilities and extensions as well as alternative emission control strategies. The adopted resolution also creates a stakeholder process and technical working group, establishes midterm reviews, and identifies additional considerations going forward.

As described by CARB, the updates to the regulations will impose “more stringent in-use and new vessel requirements and expand regulatory requirements to vessel categories that did not previously need to upgrade engines, such as certain types of barges, research vessels, work boats, and commercial passenger fishing vessels. The in-use regulatory amendments would require that the majority of regulated in-use and new vessels meet a performance standard equivalent to the cleanest available engine standards: Tier 3 (or 4 if certified for the horsepower range) plus a diesel particulate filter (DPF).”

“The Proposed Amendments would also include engines below 50 horsepower in the CHC Regulation, which are currently excluded from the CHC Regulation’s in-use performance standards. However, the Proposed Amendments still provide a low-use compliance exception for vessel engines with infrequent operation. The Proposed Amendments include requirements for the adoption of ZEAT where feasible for all operations in California. CARB staff has identified two areas that are technologically feasible and cost effective for zero emission- operations: new and in-use short run ferries, and new excursion vessels. The Proposed Amendments include additional pathways for adopting ZEAT for any CHC operation where a given operation is feasible but not required. The Proposed Amendments’ implementation timeline consists of compliance deadlines between 2023 and 2032. If eligible and approved, compliance dates can be extended to as late as 2034.’

RBOC Advocating to Protect Commercial Fishing at March 24 Air Board Meeting

RBOC will be testifying in the March 24 meeting of the California Air Resources Board [CARB] in opposition to the proposed commercial harbor craft air emission regulations that would negatively impact commercial charter fishing and whale watching vessel owners, ports, and coastal communities.

RBOC and our national advocacy partner BoatU.S. are engaged with the coalition of national and state organizations representing sportfishing, boating, fishing tackle manufacturers, marine organizations, harbor authorities and retailers that are rushing to the defense of California sportfishing and whale watching boat owners.

For more on this issue, the advocacy engagement as well as the formal comments submitted by RBOC, BoatU.S. and others within a coalition effort: click here

Boaters planning to testify in Thursday’s meeting should register with CARB in advance: click here

The specific agenda item is:
• 22-5-1: Public Hearing to Consider Proposed Amendments to the Commercial Harbor Craft Regulation

State and National Sportfishing and Boating Organizations Send Up Flares

RBOC and our national advocacy partner BoatU.S. are engaged with the coalition of national and state organizations representing sportfishing, boating, fishing tackle manufacturers, marine organizations, harbor authorities and retailers that are rushing to the defense of California sportfishing and whale watching boat owners. Today’s press release:

State and National Sportfishing and Boating Organizations Send Up Flares

California’s proposed engine emission regulations could undermine recent gains in fishing participation rates, conservation funding and economic activity

(San Diego, CA): With just weeks before the California Air Resources Board (CARB) is expected to rule on controversial harbor craft engine emission regulations, a coalition of national and state organizations representing sportfishing, boating, fishing tackle manufacturers, marine organizations, harbor authorities and retailers are rushing to the defense of California sportfishing and whale watching boat owners.

In the coalition’s letter to the CARB Board, the coalition expresses concerns associated with engine emission regulations that are economically and structurally infeasible for commercial passenger boats that provide millions of Californians and foreign visitors access to sportfishing, whale watching, eco-tourism and scuba diving. By CARB’s own admission, if the regulations are adopted, boat owners that can’t afford to construct and purchase new compliant vessels that can house the mandated heavier Diesel engines and equipment would be required to go out of business as early as January 2023.

The letter highlights that during the COVID-19 pandemic the Nation experienced a surge in fishing participation that include diverse audiences, specifically, nontraditional participants that are younger, more urban, and more diverse with significant gains among women, African Americans, and Hispanics. The coalition is concerned that as passenger sportfishing boats are removed from service or passenger ticket prices are increased to pay for regulatory costs, it will only undermine recent progress made by the California Department of Fish and Wildlife (CDFW) to increase fishing participation and license sales that fund the department’s conservation and fishery programs. California’s fishing participation rate (per capita) is the lowest in the Nation, demonstrating how fragile the recent increase in participation may be if CARB rules make it unaffordable.

“CARB’s regulations will have the unintended consequence of denying millions of Californians access to the sea as commercial passenger boat owners go out of business,” said Ken Franke, president of the Sportfishing Association of California. “CARB fails to recognize that passenger boats are a valued source of outdoor recreation and economic activity in California. For most Californians, these boats are their only access to offshore sportfishing and marine life.”

Additionally, CARB failed to consult with the CDFW to determine what impact declining fishing participation rates could have on conservation and fishery programs, both offshore and inland. Both fishing license sales and a federal excise tax on fishing tackle and boat fuel fund many of CDFW’s environmental programs with the Federal Government matching $3 for every state dollar contributed.

“When California’s 2 million anglers fish off one of the Nation’s longest coastlines, they buy fishing licenses that fund conservation and fishery programs that protect local habitat,” said Franke. “Unfortunately, CARB did not evaluate the environmental and economic impact of regulations that will have a devasting impact on sportfishing and eco-tourism all along California’s coast.”

Additionally, CARB’s Standardized Regulatory Impact Assessment failed to examine the economic impacts on coastal tourism and outdoor retail sales at a time when Governor Gavin Newsom has made it his priority to restore the half of 1.2 million hospitality and tourism jobs lost during the COVID-19 pandemic.

CARB’s regulations have invited bipartisan opposition from State Legislators and a coalition of over 60 local, state and national organizations representing small business, tourism, marina/harbors, local agencies, retail, non-profits, boating and sportfishing. In addition, over 20,000 anglers signed a petition pleading with Governor Newsom to Save Our Boats.

Background

On September 21, 2021, CARB released its Proposed Amendments to the Commercial Harbor Craft Regulation. The public comment period is September 24 – November 15th, and the CARB Board, appointed largely by Governor Gavin Newsom, is expected to rule November 19, 2021. Over 1,700 public comments have been submitted to CARB so far.

CARB’s regulations require engines to be modified with technology that has not been developed yet for 174 commercial inspected passenger fishing vessels and in most cases, the modifications will be too massive to fit into existing engine rooms. This led the California State University Maritime Academy to conclude that the proposed standards for existing engines does not exist and in the alternative, “… treatment equipment (modifications) alone significantly impacts the vessel’s stability.” This led CARB to conclude vessel replacement is likely.

California is one of America’s premiere fishing destinations with over a half a million people a year fishing from sportfishing boats, supporting coastal communities, marinas, and small businesses dependent on outdoor tourism for economic activity, jobs, and tax revenue. Prior to the COVID-19 pandemic, California’s over 2 million anglers contributed $5.6 billion a year in economic activity and supported nearly 40,000 jobs for our State.

Between 2019-2020, California fishing license sales increased 19 percent, bringing in an additional $12.6 million in revenue for California Department of Fish and Wildlife programs.

The Recreational Boating and Fishing Foundation reports that in 2020 fishing participation rates increased to a 12-year high, with growth among nontraditional participants that are younger, more urban, and more diverse, with significant gains among women, African Americans, and Hispanics.

The Sportfishing Association of California (SAC) is a trade organization representing Southern California sportfishing and whale watching boat and landing owners. The Golden State Fishermen’s Association represents commercial passenger fishing vessels and marine recreational anglers in Northern California.