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.

250% Boat Registration Fee Hike - Prevented for Now

RBOC appreciates the action taken by Governor Newsom and the State Legislature to remove a proposed 250% increase in boat registration fees from the state budget in response to the serious concerns raised by RBOC, our national advocacy partner BoatU.S., and boating associations including the Pacific Inter-Club Yacht Association, Southern California Yachting Association, Marine Recreation Association, California Association of Harbor Masters and Port Captains, California Yacht Brokers Association, National Marine Manufacturers Association, California Association of Harbor Masters and Port Captains, thousands of California boaters who took action, and several other allied organizations.

"This is the right decision for boaters," responded RBOC President Winston Bumpus. "The further we look into the many different pots where boater-generated fuel tax dollars are placed, the more questions boaters have identified about the fairness of a registration fee increase."

Continued Bumpus: "For instance, boaters pay $107 million each year in fuel taxes to the state, yet only $15 million [14%] is provided to the Harbors and Watercraft Revolving Fund [HWRF] for a number of programs and services including boater education and operator certification, safety and enforcement on the waterways, boating facilities, removal of abandoned and derelict watercraft, and efforts to combat invasive species."

Added David B. Kennedy with BoatU.S. Government Affairs: "This is a great demonstration of the benefits of boaters engaging on issues that matter to their boating. Working with RBOC, over 4,000 messages were sent by BoatU.S. members to the legislature and governor. It's clear their voices were heard."

The final state budget action allocates state general fund dollars to the Harbors and Watercraft Revolving Fund [HWRF] administered by the Division of Boating and Waterways [DBW] for a variety of programs and services that benefit boaters.

RBOC and others will participate in a public stakeholder process DBW will initiate in the near future to develop recommendations to the Legislature for long-term solutions to the deficiencies that DBW and State Parks state that the HWRF is experiencing. Boat registration fees will be part of that conversation, together with efficiencies and improvements to existing programs and revisions to better serve the boating public.

Governor Signs RBOC-supported "Fix-It Ticket" Legislation for Vessel Violations

Governor Gavin Newsom has signed into law AB 591 [Villapudua] that will provide incentives for boaters to correct certain violations by authorizing an officer to issue a written notice containing a violator’s promise to correct an alleged violation of various offenses relating to vessels.

Similar incentives have already been established in the California Vehicle Code. Section 40303.5 of that code provides that certain vehicle-related violations may [and must] be corrected.  However, no such authority exists in the Harbors and Navigation Code for boating violations. AB 591 would correct this oversight.

AB 591 allows for several specified boating law violations to be corrected, such as having an expired vessel registration, not having serviceable fire extinguishers, or not having a boater card in the operator’s possession. Under AB 591, an increased number of corrections will be made, and safety will be enhanced.

The bill will require an officer, unless certain specified conditions exists, to permit a person arrested for the following vessel-related offenses to execute a notice containing a violator’s promise to correct the alleged violation:

  • Expired registration.

  • Failure to paint the vessel identification number on the forward half of the boat.

  • Operating a vessel propelled by an engine without possessing an operating license.

  • Failure to display registration stickers.

  • Using a recreational boat without a proper floatation device, as specified.

  • Operating a vessel without a properly serviced fire extinguisher.

  • Having a fire extinguisher without the proper metallic name plate, as specified.

The measure was sponsored by the California State Sheriffs’ Association. 

Keep Boating Clean, Safe and Fun! - Happy 4th!

From California’s Boating Clean and Green program:

Let’s keep boating clean, safe and fun by implementing some of the following clean and safe boating practices during this important Holiday:

1. Be safe, always wear a life jacket.
2. Ensure you have the right safety equipment on board. Visit boatcalifornia.com for more boating safety tips.
3. Prevent oily discharge from the bilge. Practice preventive engine maintenance and use oil absorbents.
4. Prevent fuel spills by using fuel bibs. Dispose of them as a hazardous waste at your County Household Hazardous Waste Collection Center. For locations check your browser or visit earth911.com. For a Free California Boater Kit with clean and safe boating information visit Bit.ly/2021CABoaterKit
5. Do not add soap in order to disperse fuel and oil spills. It is ILLEGAL and bad for the environment.
6. Minimize boat cleaning and maintenance in the water. Use less toxic products.
7. Dispose of hazardous waste properly.
8. Plan ahead! Manage sewage waste properly and use sewage pumpouts. Check the Free Pumpout App to identify your nearest participating pumpout, dump station and floating restroom!
9. Stow it, do not throw it and ditch the disposables for reusables! Reduce, reuse, and recycle. Recycle your fishing line and properly dispose of nets and hooks.
10. Reduce grey water discharges. Use biodegradable and phosphate free soaps.

For the official announcement: click here

RBOC, BoatUS Yield Results for Boaters in California Budget Negotiations

Boaters speak up for a responsible boat registration fee increase,
funds for AIS prevention and recreational facilities

The voices of recreational boaters, more than 4,000 strong who recently contacted their California state legislators and governor’s office asking for a more responsible and fair boat registration fee increase, have been heard.

During recent budget negotiations, RBOC, our advocacy partner Boat Owners Association of The United States (BoatUS), and a coalition of additional stakeholders won hard-earned concessions that save Golden State boaters money, leads to a path that more equitably funds Aquatic Invasive Species (AIS) programs and beach replenishment efforts, and supports funding for construction, maintenance and operations of public recreation facilities at state water projects.

"We appreciate the support from our partner BoatUS, as well as our coalition partners and the boating community to make the boater's perspective heard in Sacramento.", said Winston Bumpus. RBOC President.

“Advocacy works,” said BoatUS Manager of Government Affairs David Kennedy. “Legislators clearly listened, and we thank them for understanding our needs.”

At issue was a budget proposal on the table for a 250% boat registration fee increase. RBOC/ BoatUS worked to reduce the increase to 100%, which now increases the cost of a two-year California recreational boat registration from $20 to $40.

Also at stake was the California State Parks’ critical Harbors and Watercraft Revolving Fund (HWRF), which supports the state’s AIS efforts as well as boating infrastructure and programs such as launch ramp construction, maintenance, and repair; boating safety; registration; and enforcement programs. As recently as 2019, the HWRF had teetered on insolvency. RBOC and BoatU.S. were able to take a proposed two-year, $20 million spending level and increase it by $10.7 million for the next four years, totaling more than $60 million in HWRF funding, adding stability to the fund.

The state had also been raiding HWRF for beach restoration. “It makes no sense for boaters to carry the burden of beach replenishment for the entire state, and we are glad legislators agreed with us by including a provision that would suspend transfers of HWRF funds to the public beach restoration fund,” added Kennedy.

State legislators are expected to vote on the budget by early June.

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2021 California Boating Congress Convenes at 9 am this Wednesday, March 17

Register today to attend this year’s California Boating Congress - click here!

For the agenda - click here!

Planning for 2030 & Beyond Our legislators are developing new initiatives today to limit and ultimately eliminate gasoline and diesel engines in California, and having our voices heard will be critical at this time. The 2021 California Boating C…

Planning for 2030 & Beyond
Our legislators are developing new initiatives today to limit and ultimately eliminate gasoline and diesel engines in California, and having our voices heard will be critical at this time. The 2021 California Boating Congress will focus on understanding and responding to the potential impact of these measures on recreational boating and the marine industry, and more importantly, how we can influence those initiatives through our representatives and regulators.

RBOC Advocating for Key Changes in Response to Proposed 250% Vessel Registration Fee Increase

RBOC and a number of additional boating community organizations are advocating for key revisions to Governor Newsom’s proposed 250% vessel registration fee increase that would take effect on July 1.

California boaters would see their boat registration fees increase from a minimum of $20 every two years to at least $70 every two years as soon as July 1 if the Governor’s state budget proposal is enacted.

Budget subcommittees in the state Senate and Assembly are discussing this proposal now, and are anticipated to decide on the issue in the next few weeks. as the state budget development process moves forward in the state capitol. RBOC leaders and advocate are lobbying and testifying.

For the February 16 joint boating community letter to the Legislature on this issue: click here

More information:

The Governor’s proposed state budget for the Division of Boating and Waterways [DBW] proposes adjustments to the Harbors and Watercraft Revolving Fund [HWRF].  

The HWRF receives no monies from the state’s General Fund.

It is comprised of boat fuel tax dollars, registration fees, federal monies, and interest payments on loans from the HWRF..

The HWRF support several programs and services that benefit boaters including infrastructure such as launch ramps, education, aquatic centers, local boating law enforcement, the boater certification card, and invasive species prevention and control.

The Governor’s proposal includes an increase in the minimum amount of vessel registration fees, from $20 every two years to $70 every two years, effective July 1. 

This proposed registration fee increase is being considered as the state increasingly dedicates boater fuel tax dollars to the state parks system. and not to the HWRF. This started decades ago, and now totals $107 million each year.

In contrast, only $15 million [14%] of the fuel taxes paid by boaters are placed in the HWRF for the programs and services that directly benefit boaters. 

It is also important to acknowledge that:

  • The owners and operators of more than 640,000 registered vessels in California also pay a very significant amount of property taxes to the counties.

  • The proposed 250% registration fee increase would extract an additional $20 million from California boaters - most of whom earn under $100K per year and 95% of whom own a small boat that is 26 feet long and smaller. 

  • The fee increase be levied during this unprecedented pandemic when individuals are finding outdoor on-the-water recreation to be a safe and enjoyable activity providing significant mental and physical benefits.

  • The HWRF also supports programs that are of little or no benefit to boaters including beach restoration.

RBOC, together with other boating organizations, is urging legislators to take one or more of the following actions:

  • Reduce the amount of the proposed increase to an amount significantly less than 250%.

  • Re-direct a small, yet reasonable portion of the $107 million in annual boat fuel tax dollars to the HWRF.

  • Permanently eliminate the authority for HWRF funds to be utilized for beach erosion control.

  • Establish an equitable funding structure for the invasive species program that includes other beneficiaries with a proportional financial framework.

  • Establish in statute the stakeholder process to be undertaken over the next few years to develop long-term funding approaches to the HWRF.

  • Add to the Boating and Waterways Commission’s statutory authority the responsibility to approve loans and grants from the HWRF.

The thought is that, taken together, these actions would provide the state’s boating community with an affirmation that the State of California is taking a balanced, reasonable approach, with increased transparency, to address boating revenues in a manner that respects the proper use of those funds for boating programs and services that directly benefit the boating public.

RBOC Not in a Position to Support 250% Vessel Registration Fee Increase

Governor Gavin Newsom on January 8 released his proposed budget for the fiscal year that begins on July 1. The proposal would increase vessel registration fees from $20 to $70 every two years effective July 1.

RBOC has reviewed the proposal within our mission to advocate for the best utilization of boater funds for programs and services that directly benefit boaters.

RBOC is not in a position to support the Governor’s proposed plan to increase boat registration fees by 250% starting July 1.

The organization continues its requests for: data supporting the necessity for additional state revenues in an environment where boat registrations and revenues are increasing; a meaningful dialogue with stakeholders to identify efficiencies and improvements in current programs; and accurate information on the millions of dollars in fuel tax dollars and registration fees boaters pay to the state that are never placed into the Harbors and Watercraft Revolving Fund. 

Stated RBOC President Winston Bumpus: “A 250% increase before these issues are resolved is putting the cart before the horse. RBOC will be actively advocating with the Governor’s administration including the Division of Boating and Waterways, state legislators and other stakeholders to resolve these issues before we can support such a dramatic increase.”

RBOC Urges Establishment of Clear Parameters for Responsible Boating - to get boaters out on the water

RBOC is urging the State of California to establish clear and reasonable parameters regarding recreational boating on our state’s waterways that provide the opportunity for Californians to act responsibly and to get out on the water.

In its September 17 request to Governor Gavin Newsom [click here] RBOC expresses its appreciation for the Governor’s continued leadership during these most challenging of times as we all work together to protect Californians during this unprecedented COVID-19 pandemic.

RBOC understands and appreciates that actions are taken at the state and local level, dependent upon circumstances that evolve not just month by month, but day by day and even hour by hour.

RBOC and the boating community encourage all boaters to practice social/physical distancing in all aspects and other measures to protect themselves and others during these challenging times.

RBOC has posted and communicated safe practice guidelines to assist club and individual efforts [click here].

As we all endeavor to protect public health and safety and defeat this pandemic, RBOC urges Governor Newsom and his capable executive team to establish clear and reasonable parameters regarding recreational boating on our state’s waterways that provide the opportunity for Californians to act responsibly and to get out on the water.

There is an opportunity and a need to provide clarity and to encourage boating as a recreational activity that is vital to our physical and mental health during these times. Boating also supports a $17 billion sector in the state’s economy.

Without clarity, boaters are challenged by conflicting and confusing rules and guidelines that can be counter-productive. It is difficult to determine what rules apply, in which areas, and on what dates.

Consideration should also be given to the various types of boating activities, from canoes and kayaks, to personal watercraft, to water skiing, fishing, regattas and racing.

The recreational boating community, as well as the boating industry, are identified, capable and ready to engage.

Indeed, a collaborative effort with the numerous stakeholders in the San Diego area has developed a Safe Reopening Plan for Recreational Boating that was considered by the San Diego County Board of Supervisors on September 15 and will soon be integrated into the county health order. This is a significant effort that RBOC supports being considered and endorsed by the State of California. That plan is enclosed with the RBOC letter [click here].

RBOC Urges Governor's Signature of Marine Fish Species Enhancement Measure

RBOC is requesting that Governor Gavin Newsom sign into law AB 1949 [Boerner Horvath] that would strengthen the structure of the California Ocean Resources Enhancement and Hatchery Program [OREHP] to encompass any marine fish species that is important to sport and commercial fishing.

RBOC appreciates and supports the objective of AB 1949 to improve the existing hatchery program. The Marine Fish Hatchery in Carlsbad is the only salt-water marine fish hatchery on the West Coast. The goal of the hatchery program is to develop culture techniques for depleted marine fish species and to produce offspring for use in the OREHP.

AB 1949 seeks to expand the program to include any marine fishing species for sport and commercial fishing. The bill would also update the provisions related to the advisory panel to provide for more public participation and stakeholder engagement. In addition, the bill would expand the contracting authority of the Department of Fish and Wildlife by allowing the department to contract with any public or private entity to conduct research projects.

The bill is sponsored by the Coastal Conservation Association, California and is supported by a number of fishing groups. There has been no opposition or “no” votes on the measure as it was considered in the State Legislature.

The Governor has until September 30 to take action on the measure.

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

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 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