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Protecting Boaters
By Representative Mike Michaud
Jul 25, 2008 - 9:43:34 PM

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Representative Michael Michaud represents Maine's 2nd District in the United States Congress.
This week, the U.S. House of Representatives completed work on two bills that will preserve important exclusions for recreational boaters and commercial fishing vessels from burdensome permitting requirements under the Clean Water Act.

In 1973, the Environmental Protection Agency (EPA) issued regulations that excluded recreational boats and commercial vessels from the permitting requirements for any discharges that are incidental to the normal operation of vessels, such as deck run-off and shower and galley sink water. In 1999, this regulation was challenged in court by groups concerned about the release of ballast water from large shipping vessels. In order to increase stability, cargo ship hulls contain tanks that can be filled with water. Release of this water from one body of water into another poses an invasive species threat.

Instead of focusing strictly on the ballast water issue, the court's decision revoked the entire regulatory exclusion.  This would have imposed a severe burden on recreational boaters and commercial fishermen, whose vessels do not pose an invasive species threat, but would need to be permitted under the National Pollutant Discharge Elimination System as result as of new regulations being developed by the EPA to comply with the court's decision.

Recreational boating and commercial fishing are vital to our state. In 2006, there were 113,276 recreational boats registered in Maine, and $189 million was spent on new equipment. On the commercial side, the Maine lobster industry is composed of more than 6,000 local businesses. Boating and commercial fishing have a long history in Maine, and the economic impact of these activities cannot be underestimated.

A number of Members of Congress have been working hard to protect boaters and fishermen from being subject to these new burdensome permitting requirements. I joined a coalition of members in cosponsoring H.R. 2550, Recreational Boating Act of 2007, which would exempt recreational vessels from any proposed permitting requirements. And I also wrote to the EPA Administrator calling for any new regulations to exempt vessels that do not make international voyages and do not have ballast tanks.

On Tuesday, July 22, I supported S. 2766 and S. 3298 as they passed by voice vote in the House of Representatives after consideration in the Senate. S. 2766 will preserve the current exemption from permitting requirements for recreational boats, and includes language from the Recreational Boating Act of 2007. S. 3298 places a 2-year moratorium on any permitting of commercial fishing vessels, effectively exempting them for at least two more years, and requires a study of discharges from these vessels in the interim.

This legislation allows the recreational boating and commercial fishing industries to operate freely, but still in a matter protective of the environment. Certain wastes that are harmful to our waterways like rubbish and trash remain banned under these bills and vessels completing international will no longer be able to release ballast water into sensitive waters.

Especially now when our fishermen and even our recreational boaters are facing high fuel prices, the last thing we need to do is burden them with unneeded regulations. Congress took an important step in the right direction by passing these bills and providing relief to recreational boaters and fishermen in our state and across the nation.


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