RBOC President Cleve Hardaker Urges Coastal Commission to Protect Navigation in Kelp Bed Proposal

RBOC President Cleve Hardaker has submitted the organization’s formal comments to the California Coastal Commission, urging the Commission to modify the East San Pedro Bay Habitat Enhancement to minimize the potential danger presented by placing kelp forest in the vicinity of a busy recreational harbor approach.

RBOC’s formal comments follow below. To take action: click here

Dear California Coastal Commissioners,

Recreational Boaters of California (RBOC) is the nonprofit advocacy organization that works to protect and enhance the interests of the state’s recreational boaters before the legislative and executive branches of state and local government.

RBOC is in its 52nd year as a statewide organization promoting the enjoyment, protection, and responsible use of our waterways.

While RBOC supports the concept of the USACE East San Pedro Bay Habitat Enhancement some of its elements cause serious misgivings.

Specifically, the construction of kelp beds close to the Alamitos Bay entrance channel.

Kelp beds outside the Long Beach breakwater seem entirely appropriate and we envision minimal negative results from such construction.

Kelp beds constructed in the vicinity of the very busy Alamitos Bay entrance will present serious hazards to the many recreational boaters and fishermen coming and going at all times of the day.

Alamitos Bay is home to a large number of boats that come and go regularly.

However, many boaters and fishermen from all up and down the coast frequently enter the harbor and are likely to refer to Navigation Charts for guidance since they may not be familiar with those waters.

Current navigation Charts of Long Beach Harbor do not show any kelp beds in the area.

Navigation Charts always show kelp beds where they occur and identify them as a danger for mariners.

'the potential exists for recreational boaters who traverse over kelp forests to get their propeller blades caught in the kelp at the ocean surface'

The risk described here minimizes the degree of danger presented to boats under power.

Kelp consists of long, strong strands that can easily become wrapped in a boats propeller and can even cause engines to stall, rendering the boat disabled.

In extreme situations, thick kelp can become tightly wrapped around a propeller shaft and pull the shaft away from the transmission leaving a large hole in the hull to allow water ingress.

The proposal mentions that:

‘Kelp bed placement would be localized in clusters identifiable to boaters.

Pathways for boats to avoid kelp ... have been included in the design to ensure boaters have adequate open water space.'

While it is possible that local mariners may become familiar with the location of kelp beds in the area of a harbor entrance and avoid them, visiting sailors and fishermen will have no way to know where these hazards are located.

Kelp forest is not static. It grows and spreads, often in unpredictable directions.

And even local boaters may be arriving or leaving the harbor in hours of darkness or in heavy fog that is not an uncommon occurrence. It would not be easy to identify kelp beds in such conditions. Stormy weather that drives sailors to seek refuge in a safe harbor also make it impossible to identify kelp forests and the peril of a stalled engine while approaching a rocky breakwater is extreme.

RBOC, therefore, urges the Commission to review this proposal carefully and consider modifying it to minimize the potential danger presented by placing kelp forest in the vicinity of a busy recreational harbor approach.

To illustrate the significance of harbor approaches, I have copied the directions for mariners entering the harbor:

The Alamitos Bay entrance is marked by two stone jetties which enter the bay in a NNE direction.

On the Western jetty Is a 25 foot, 6 second green flashing light, also with a foghorn.

The entrance is located approximately 030 degrees magnetic at 1.1 5 miles from the East end of the Long Beach Breakwater; and approximately 285 degrees magnetic at 1.1 miles from the Anaheim Bay (Huntington Harbor) channel entrance.

Take care when entering Alamitos Bay that you identify both stone jetties.

One to port and one to starboard. The San Gabriel River sits directly on the Southeast side of the Eastern jetty. It becomes extremely shallow quickly, and its bottom is dotted with wrecks and rocky shoals.

Therefore, enter Alamitos Bay only when you can identify jetties within 100 yards on both sides of your boat.

The Alamitos Bay Channel is marked with a series of centerline buoys.

Stay to starboard of this row when traveling in either direction.

Also be aware that a silt pumping barge sometimes sits in the channel to clear out shoal areas. It is well marked with round yellow cans.

Stay more then 20 feet from these cans, as they are usually attached to The dredging hose hanging below the surface.

The speed limit throughout Alamitos Bay , including the entrance channel, is 5 m.p.h., strictly enforced by the Long Beach Marine Bureau patrol boats.

Cleve Hardaker, President RBOC

RBOC-supported BCDC Reform Measure Passes Legislature

The RBOC-supported AB 2809 [Mullin] has just passed the Legislature and next proceeds to the Governor for his consideration prior to a September 30 deadline for his action.

AB 2809 would enact needed procedural reforms to the operation of the San Francisco Bay Conservation and Development Commission [BCDC].

The bill:

  1. Requires BCDC, by the end of the 2020-21 fiscal year, to create and implement the following:

  • A procedure to ensure managers perform a document review of staff decisions in enforcement cases.

  • Timelines for resolving enforcement cases.

  • A penalty matrix for assessing fines and civil penalties.

  • A method for assessing civil penalties in cases involving multiple violations.

2. Requires, by July 1, 2025, and every five years thereafter, BCDC to review the certified local protection program for the Suisun Marsh to determine whether the program is being effectively implemented.

Coast Guard wants your feedback! Help Improve the Nation's shallow draft waterways ATON system

From the Coast Guard:

The U.S. Coast Guard is conducting a short on-line survey to assess the National Shallow Draft Waterway Systems. The study will help the Coast Guard to determine the Aids to Navigation (ATON) requirements in the Shallow Draft Waterway Systems which includes all navigable waterways of the United States less than 12 feet in depth.

The purpose of this study is to determine the navigational needs and requirements of vessels operating in shallow draft navigable waterways throughout the country. The study will focus on the existing shallow water ATON system, future development projects, waterborne commerce transiting these waters, and marine casualty information. Waterway users, interested parties, and stakeholders are invited to provide comments or feedback via the tool posted at https://www.surveymonkey.com/r/ShallowWaterWAMS

Who should take the survey?

The survey is geared toward boaters who operate on navigable waters of the US where the depth is 12 feet or less.

  • All recreational boaters

  • Commercial operators (construction/cargo/fishing)

  • Local and state agency boat operators

Questions include years of experience, waters where you operate and how often, what navigation tools you use (radar, electronic charting systems, etc.), your concerns and more!

Take the survey TODAY at https://www.surveymonkey.com/r/ShallowWaterWAMS

This link will remain available until November 1, 2020.  

Further questions or comments may be emailed to CGNAV@uscg.mil using the subject line: “Shallow Draft WAMS”.

For the uscg survey flyer: click here

AB 3030 Held in Senate Appropriations Committee

The Senate Appropriations Committee today held AB 3030 [Kalra] “on suspense” with the result that the bill will not move forward this year.

Thanks to everyone who participated in the united efforts of boating, fishing and hunting groups to advocate on this measure. Our communities urged that amendments be made to AB 3030 to specifically acknowledge the extent and impacts of existing protections of the state’s waters.

RBOC will remain vigilant during the remaining days of the 2019-2020 session of the California State Legislature in case some other effort is made on this issue.

RBOC Urges Inclusion of Boating and Fishing Protections in AB 3030

RBOC testified in the State Capitol again today, this time in the Senate Appropriations Committee, urging that AB 3030 [Kalra] be amended to include critical protections for boating and fishing opportunities in the measure.

RBOC is participating in a unified effort together with our national partner BoatU.S., boating industry associations, and fishing and hunting organizations.

Our communities are urging amendments to AB 3030 to specifically acknowledge the extent and impacts of existing protections of the state’s waters.

Following extensive public testimony, the committee placed AB 3030 “on suspense” due to the projected state costs. The committee plans to announce tomorrow which bills on the suspense list pass through committee and on to the Senate Floor for consideration prior to an August 31 deadline.

RBOC will issue a new call-to-action if the bill passes committee without the essential amendments.

AB 3030 would establish new land, water, and ocean protection goals, including the protection of 30 percent of the state’s land areas and water by 2030.

RBOC & BoatU.S. Urge State to Consider Sound Science Before Adopting Non-point Source Plan

RBOC and BoatU.S. are urging the State Water Resources Control Board to utilize sound science and site-specific testing as the critical path forward, and to resolve key boater concerns, prior to adoption of a proposed Nonpoint Source Program Implementation Plan.

Boating and the boating industry represent a significant recreational resource and an important part of California’s economy. Together, we have been engaged continually over many years to protect the environment as the state and regional boards have addressed impaired water bodies, have developed basin plans, and have developed new standards including anti-fouling paints for boat hulls.

RBOC and BoatU.S. are emphasizing several key points in our request to the State Water Board:

  • As stated in our July 10 comments, it is essential that stakeholders be engaged in the consideration of comprehensive plans such as this proposal, especially when they will have significant impacts. To the best of our knowledge, this has not occurred with the current proposal.

  • It is critical to boaters that any decisions that restrict or prohibit the use of anti-fouling paints containing copper be predicated on clear findings that alternatives are available, effective and affordable. However, at this time, no single alternative will work, boat paint formulations are constantly changing, and non-biocidal paint safety has not been confirmed.

  • Current TMDL models are ineffective as management tools yet adaptations to those models are practically impossible to achieve. Updated science is overlooked.

  • The recreational boating community and industry are challenged by the absence of coordination among the regulatory entities including the State Water Board, regional water boards, and the Department of Pesticide Regulation. This impacts numerous issues ranging from the available paints, the models for managing water quality, the appropriate monitoring schemes, and the interconnection among toxicity labs.

  • Background levels of copper confound the ability to achieve numerical standards. High background levels of dissolved copper in hydraulically connected waters make achieving the numerical limit impossible.

  • The Los Angeles Regional Water Quality Control Board should not issue an investigative order and should not develop conditional WDRs for the discharge of biocides from boats residing in marinas until the boating community has a feasible, reasonable and readily-available alternative non-biocidal anti-fouling paints. RBOC and BoatU.S. remain committed to the protection and enhancement of the state’s waterways.

These and other public comments have been prepared and submitted to the State Water Board by a number of stakeholders representing the recreational boating community including boaters, clubs and industry.

RBOC is endorsing and urging consideration of the comments, concerns and requests set forth in the public comments of the Marine Recreation Association comment letter dated July 29, the Moffatt and Nichol Memorandum “Review of Non-copper-based Alternative Antifouling Paints to Support Discussion on Implementation Strategies for Reducing Copper by Boat-Paint Conversions” dated July 29, and the ChemMetrics comment letter dated July 29.

RBOC and BoatU.S. Urge Extended Comment Period, Inclusion of Boaters and Science in Draft Nonpoint Pollution Source Plan

RBOC and its national partner BoatU.S. are urging the State Water Resources Control Board to extend the July 13 public deadline, engage the boating community, and address critical boating issues in the State Board’s Draft 2020-2025 Nonpoint Source Program Implementation Plan.

For a copy of the complete letter: click here

The proposed 2020-2025 Nonpoint Source Program Implementation Plan presents the general goals and objectives of the co-lead state agencies for addressing nonpoint source pollution over the timeframe of July 2020 to June 2025.

It is important to note that the plan is being developed at a unique time for all Californians during the unprecedented COVID-19 pandemic, with stay-at-home orders and other necessarily impacting personal and business activities including recreational boating and our related industries. The protection of public health and safety is paramount, and demands the dedication of resources and effort that limit the ability of the public stakeholders to give the draft the time and attention it deserves. RBOC and BoatUS urge forbearance.

It is also essential that stakeholders be engaged in the consideration of comprehensive plans such as this proposal, especially when they will have significant impacts. To the best of our knowledge, this has not occurred with the current proposal: members of the boating community have not been contacted, boating and boating industry organizations have not been consulted. Individual subscribers to the State Water Board’s email notifications were not notified.

Testing that has been done at a few sites in Southern California indicates no negative impacts on aquatic organisms. Before a policy is implemented in a haphazard patchwork throughout the state, the organizations are requesting a statewide Water Effects Ratio [WER] Policy and a comprehensive plan for site-specific testing so that we can properly evaluate all coastal water bodies in Southern California. This is a goal outlined in the February 2019 Executive Director’s report.

RBOC and  BoatU.S. are also expressing concerns that the Santa Ana Regional Water Quality Control Board uses a steady state model that does not use tidal information or basin dimensions to predict environmental copper concentrations. That is the methodology that yields an 85% load reduction for Marina Del Rey. The California Department of Pesticide Regulations [DPR] made regulatory decisions based on Predicted Environmental Concentrations of Copper using the MAMPEC model. As a result, DPR has approved anti-fouling paints containing low-leach-rate copper that they expect to achieve a sufficient copper load reduction.

These disparate approaches yield predictions that differ more than 300% from one another causing uncertainty for boaters and marina operators. We need a statewide Water Effects Ratio (WER) Policy and a comprehensive plan for site-specific testing.

Additional issues have been preliminarily identified. For instance, throughout the plan, objectives and milestones identify specific dates that are overly ambitious and, in today’s pandemic, unachievable.

RBOC and BoatU.S. remain committed to the protection and enhancement of the state’s waterways. Sound science and site-specific testing are the critical path forward.

State Parks Provides Safety Tips to Help Californians Responsibly Visit Waterways Amid Pandemic

S

 California State Parks and the Division of Boating and Waterways (DBW) remind water enthusiasts during National Safe Boating Week (May 16-22) how to responsibly recreate in California’s waterways this year during COVID-19. As State Parks and other park operators begin to increase access at parks and waterways in compliance with state and local public health ordinances, it is important for everyone to know how and where they can recreate, who they can go boating with, and how the use of life jackets continues to be life-saving.

For more information: click here

Boater-Funded HWRF Reform Not Included in May Budget Revise

RBOC is pleased that the Governor’s May Budget Revise announced today for the upcoming fiscal year that begins July 1 does not include feared revisions to the state Harbors and Watercraft Revolving Fund [HWRF] to address stated deficiencies before critical questions are addressed.

We anticipate that this issue will continue to be discussed with the boating community and could be suggested again in either the January 2021 proposal or May 2021 May revise for the state budget for the next fiscal year that will begin on July 1, 2021.

California’s boating community including RBOC and numerous boating industry associations submitted a joint letter on May 4 requesting essential information before fund deficiency solutions are advanced. proposal for the state fiscal year that will commence on July 1, of this year. For more details, see our May 4 post below.

California's Boating Community Requests Essential Information From State Parks Before Fund Deficiency Solutions are Advanced

California’s boating community, comprised of boaters and the boating industry, and as represented by a number of organizations, is quite concerned that the California Department of Parks and Recreation [State Parks] may move forward this year with one or more proposals to revise the Harbors and Watercraft Revolving Fund [HWRF] in a process and with substantive provisions that could be detrimental to the state’s boating community.

Boating stakeholders are being informed that there is a deficiency in the HWRF and that significant revisions are being considered to the boating programs and services that it funds, as well as the sources or amounts of revenues paid into the fund.

To date, we have received no specifics regarding any proposals despite a Constitutional deadline for a completed budget of June 15th. We are concerned that action could be taken in the very near future in conjunction with the release of the Governor’s May Budget Revise, with an accelerated calendar for consideration and adoption of the upcoming state budget for the fiscal year that commences on July 1.

In order to help us engage to the best and most robust way possible, our communities have specific questions about the HWRF and expenditures by the Division of Boating and Waterways [DBW]. While we have received some feedback, we have not received the specific information that has been requested by a number of individuals and organizations both formally in public testimony, and informally in meetings and conversations.

It is critical that this state’s boating stakeholders have accurate information that is essential to our consideration of any proposed revisions. There are approximately 800,000 registered boats in California, and a vibrant $17 billion dollar per year industry. The many forms of boating provide enjoyable, healthy and popular recreational opportunities throughout the state.

The organizations signing onto the letter are [in alphabetical order]:

  • American Sportfishing Association

  • BoatU.S.

  • California Association of Harbor Masters and Port Captains

  • California Striped Bass Association

  • California Yacht Brokers Association

  • Coastside Fishing Club

  • Marine Recreation Association

  • National Marine Manufacturers Association

  • Nor-Cal Guides and Sportsmen’s Association

  • Pacific-Inter Club Yacht Association

  • Recreational Boaters of California

  • Southern California Yachting Association

  • The California State Sheriff’s Boat and Watercraft Safety Committee

For a copy of the boating community letter: click here

RBOC Supporting BCDC Improvement Legislation

RBOC is lobbying in support of AB 2809 [Mullin] that would provide fairness, transparency and accountability in the operation of the San Francisco Bay Conservation and Development Commission [BCDC].

AB 2809 would prohibit BCDC from using monies paid into the Bay Fill Clean-Up and Abatement Fund to pay staff salaries or enforcement actions. This will help ensure that Commission actions are not motivated by funding desires.

The bill would also require procedures for managerial review of staff decisions in enforcement cases, time lines for resolving those cases, and a penalty matrix for assessing fines and civil penalties.

This legislation follows an RBOC-supported decision of the Joint Legislative Audit Committee and the resulting audit findings.

Take Action – contact Assembly Member Mullin of your support: click here

RBOC Supporting "Fix-It Ticket" Legislation

RBOC supporting SB 904 [Monning] that would establish fix-it tickets for certain boating offenses including:

  • Failure to have the boater card

  • Failure to have the vessel identification number displayed

  • Failure to have a vessel registration sticker applied Failure to have a personal flotation device[s]

  • Failure to have fire extinguishers and their markings

Take Action – contact Senator Monning and let him know you support SB 904: click here

California State Parks Takes Additional Steps to Help Slow Down Spread of COVID-19: Vehicle Access Temporarily Closed for Additional Parks

California State Parks today announced it is temporarily closing vehicle access to 59 additional state parks and beaches to avoid dangerous visitation surges and help prevent the spread of coronavirus (COVID-19).

From State Parks:

This brings the total number of state-operated parks and beaches closed to vehicle access to 98. A list of closures can be found online at www.parks.ca.gov/FlattenTheCurve.

Last weekend, many state parks and beaches received record visitation numbers, which made it impossible for the public to implement appropriate social/ physical distancing practices. As a result, State Parks is working closely with local county and public health officials and assessing park operations on a daily basis to provide access to healthy outdoor options while maintaining required social/ physical distancing.

Everyone has the responsibility to “Flatten the COVID-19 Curve at Parks.” Avoiding groups of people and maintaining at least 6 feet of distance from others is critical to slowing the COVID-19 pandemic.

As such, please adhere to the following guidance:

  • Stay home if you are sick.

  • Stay close to home when you get outdoors. This is not the time for a road trip to a destination park or beach.

  • Venture out only with people in your immediate household.

  • Walk around the neighborhood and enjoy neighborhood parks.

  • Always maintain a physical distance of 6 feet or more when recreating in the outdoors. If you cannot maintain physical distancing, leave the park.

  • Do not congregate in parks.

State Parks will continue to monitor visitation and physical distancing at all state park units, and if the safety measures implemented thus far are not sufficient to protect public health, additional measures may be taken to fully close parks, including trails, bathrooms and other amenities. State Park Peace Officers, in cooperation with allied law enforcement entities, will continue patrolling all state park units and enforcing all regulations.

To date, the department has implemented various safety measures such as temporarily closing all campgrounds, museums and visitor centers in the State Parks System; cancelling all events; and closing vehicular traffic to parks experiencing high visitation. As of today, all non-campground outdoor areas of parks, including trails and beaches, remain open. Day-use restrooms also remain open, and visitors are advised to bring soap for handwashing and to use alcohol-based hand sanitizers when water is not available.

California continues to issue guidance on preparing and protecting Californians from COVID-19. State Parks is monitoring the situation closely and is following guidance provided by the Governor’s Office via the California Department of Public Health, the Centers for Disease Control and Prevention and the Governor’s Office of Emergency Services. Protecting visitors and all who take care of state parks from the exposure to the pandemic disease is a top priority for the State of California.

State Parks has developed a one-stop resource center––www.parks.ca.gov/FlattenTheCurve––to find park safety and closure information, and messaging and graphics from the “Flatten the COVID-19 Curve at Parks” social media awareness campaign. Please check this webpage regularly, as it will be updated with new information as it becomes available. 

State Parks Announces Steps to Reduce Crowds to Help Slow Down Spread of Coronavirus

California State Parks announced on March 24 that it is taking additional safety measures to reduce crowds and help prevent the spread of COVID-19 (coronavirus). As per the press release:

“Many state parks and beaches received record visitation over the weekend which made it impossible for the public to implement appropriate social distancing practices. As a result, the department is working closely with local county and public health officials to modify park operations by closing vehicular traffic at some park units to reduce the density of visitors. A list of closures can be found online at www.parks.ca.gov/FlattenTheCurve. State Park Peace Officers, in cooperation with allied law enforcement entities, will continue patrolling all state park units and enforcing all regulations.”

For more information, click here

RBOC Urges Governor to Sign Vessel Operator Definition Fix

RBOC is urging Governor Gavin Newsom to sign into law AB 1183 [Ramos], legislation that would enhance safety on the state’s waterways by clarifying that an adult is responsible for supervising the children he or she allows to operate the vessel.

RBOC supports the provisions of AB 1183 that would revise the definition of “operator” of a vessel to mean the person aboard a vessel who meets any of the following:

  • Is steering the vessel while underway;

  • Is responsible for the operation of the vessel while underway; or

  • Is at least 18 years of age and is attentive and supervising the operation of the vessel by a person 12, 13, 14, or 15 years of age.

AB 1183 is sponsored by the California State Sheriffs Association.

Two RBOC-supported Bills Pass Assembly - Office of Outdoor Recreation & 12-month Sport Fishing Licenses

Two RBOC-supported measures have just passed the Assembly with preliminary bipartisan support [and no “no” votes] and now proceed to the Senate:

AB 1111 [Friedman] – to establish the Office of Outdoor Recreation (OREC) within the Office of the Governor.

AB 1387 [Wood] – to require the Department of Fish and Wildlife (DFW) to issue, in addition to calendar-year licenses, sport fishing licenses that expire 12 consecutive months after the date of issue.

RBOC Supporting Bill to Provide 365-day Sportfishing License

RBOC is supporting AB 1387 [Wood], legislation proposing a 365-day sportfishing license.

RBOC supports the objectives and provisions of the bill that would work to:

  •  Recruit, retain, and reactivate recreational anglers

  •  Increase revenues to the Department of Fish and Wildlife for conservation efforts, fishery management, and increased hatchery production

  • Provide economic benefits to the people of the state

By issuing 365-day sport fishing licenses, implementing a new Automated License Data System (ALDS) that has an auto-renewal feature and enables licenses and validations to be displayed on mobile devices such as smartphones, and establishing email communication with recreational anglers, the Department of Fish and Wildlife will drive sales and be able to proactively solicit prospective licensees to achieve the goals of the department’s recruitment, retention, and reactivation (R3) program.

Bill Authorizing Impoundment of Vessel Involved in BUI and Death Passes First Committee

Legislation providing another tool to law enforcement for vessels involved in boating under the influence passed its first legislative committee this week.

SB 393 [Stone] would authorize a court to order the impoundment of a vessel for up to 30 days, if the registered owner is convicted of a crime involving the operation of a vessel while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug and the conduct resulted in the unlawful killing of a person.

SB 393 was taken up in the Senate Public Safety Committee, was placed on the committee’s consent calendar, and passed committee with a unanimous bipartisan vote.