Potentially Costly Consequences
Some Quick Action Needed On Clean Boating Act

Photo: BassFan Owners of recreational boats could be forced to pay some hefty fees if the Clean Boating Act of 2008 isn't passed by the September deadline.

That could mean costly permit fees – and even costlier fines for noncompliance – for anybody who operates a livewell, runs a bilge pump, or even fires up an outboard or inboard motor. According to the National Marine Manufacturers Association, there are approximately 18 million pleasure boats of various shapes and sizes registered in the U.S.

Not Much of a Fight

On a positive note, there's little opposition to the Clean Boating Act, which would restore the exemption. As a compromise, the bill also contains language that addresses whether "reasonable best management practices" should be enacted for some recreational boat discharges – which the majority of environmentally conscious boaters are in favor of to begin with.

Time is running short, however. The bill, which now has more than 30 sponsors, may come up for a vote in the Senate Environment and Public Works Committee this week. But then it still has to go before the entire Senate, and then be referred to the House of Representatives.

"It's not that many people are against it, but (the Senate) has essentially had bigger fish to fry up to this point," said BASS conservation director Chris Horton, who's spearheading his organization's effort to ensure the bill's passage. "We're coming down to the wire, and this is getting to be a bigger fish by the day."

There's currently similar legislation in the House, but like a previous Senate bill, it addresses only the exemption and lacks the "best management practices" clause. Horton said some members of Congress have been hesitant to back those bills because they appear to weaken the Clean Water Act – and would open the door for other bills to do the same.

A Little Background

The common-sense exemption for recreational boats was instituted in 1973. It was understood then – and still is today – that those crafts do not dump exotic invasive species into the nation's waterways, as ocean liners sometimes do when they discharge the ballast water they took in somewhere else in the world to balance their load.

Everything was fine until '06, when the federal judge determined that the EPA had to hold all boats to the same Clean Water Act standards.

"It was basically a point-of-law issue," Horton said. "The way it was interpreted was the Clean Water Act had to apply to all vessels. And if you have a 14-foot flat-bottom, it's a vessel."

Recognizing that the exemption's time was growing short, Environment and Public Works Committee chairperson Sen. Barbara Boxer (D-Calif.), along with Sen. Bill Nelson (D-Fla.), introduced the Clean Boating Act in March. It immediately garnered the backing of the National Marine Manufacturers Association (NMMA) and nearly every other boating- and fishing-oriented organization in the country.

"The NMMA really took the lead on this thing and all the rest of us have chimed in whenever they've needed us to," said Horton. "Congress finally woke up and realized that this needed to be fixed, and the bill is a pretty good compromise.

"The important thing now is to get some movement before the September deadline. It's time for people to start calling their elected officials because we really need that concerted push. We need as much pressure put on as we can possibly get.

"We think it's going to happen," he added. "Everything we've heard from (Congressional) staffers has been positive – there haven't been any negatives. Of course, it makes us a little bit nervous that the bill is still in committee."

Worst-Case Scenario

If the Clean Boating Act doesn't pass prior to the deadline, it could create a situation that neither boat owners nor the EPA wants to deal with.

"Even if the EPA implements the regulations, it'll be up to the states to develop their own set of guidelines to enforce them," Horton said. "Logistically, it'd be a very difficult thing to manage and the EPA doesn't have the staff for it.

"The process would take several years to implement. And in the meantime, some states like California have enough people who are against fishing and boating that they might be able to force people to obtain these permits."

Notable

> Those interested in learning more about the Clean Boating Act of 2008, including information on how to contact their members of Congress, can click here to visit the BoatBlue Coalition website.