COURTS COULD DOOM BOATING, CONGRESS COULD SAVE IT

In a recent case meant to control the spread of invasive species from large commercial ships, a California court made a rash decision that could doom recreational boating. The court closed a loophole that has allowed commercial ships to discharge enormous amounts of ballast water into the Great Lakes and, thereby, introduce foreign species into our Sweetwater Seas. Boaters and environmental groups alike applauded this move. However, in clamping down on commercial shipping, the court misguidedly applied these same stringent regulations to recreational boats.

This one court decision could wreck one of the Great Lakes region’s most vital economic sectors—and ruin one of our most important pastimes.

As it stands currently, a regulation put forth by the EPA in 1973 makes most recreational boaters exempt from the permitting portion of the Clean Water Act known as the National Pollution Discharge Elimination System (NPDES). This regulation exempts runoff from properly functioning marine engines, laundry, shower, galley sink wastes and other discharges that occur in the normal operation of a vessel from regulation under the NPDES. The new ruling would change that and require the owners of almost every single boat, including vessels as small as jet skis, to apply for a permit through the EPA.

In attempting to address a highly important issue—the introduction of invasive species by commercial ships—the judge’s overly broad decision has virtually eliminated the protections that enabled everyday boaters to avoid burdensome compliance with the strict standards of the NPDES. Although, the judge and the petitioners are rightly concerned with regulating the ballast water of large ships, it is illogical to treat a small recreational boater in the same manner as a massive commercial cargo ship that can carry up to 10 million gallons of ballast water and typically dumps it every few weeks.

Additionally, it is extremely difficult to imagine how the EPA would feasibly go about creating a permit system for the 18 million state-registered recreational boats and the more than 25 different types of vessel discharges that could be affected. Further, few, if any, of these boaters will be aware of the new permit requirements without a costly massive public awareness campaign. The result of these new changes will be nothing short of disastrous for the boating public and the EPA alike.

The 4.3 million boaters in the Great Lakes region spend nearly $16 billion annually on their hobby, and more than 107,000 people are employed in some aspect of the recreational boating industry. This court decision would drastically reduce the convenience and fun of boating. That would drive down participation. And that would weaken a powerful sector of a struggling economy.

The changes that will occur if the court decision is allowed to go into effect will burden boaters with complications and red tape. If Congress doesn’t reverse this ruling, nearly every person with a boat will be forced to comply with new burdensome and complex regulations starting this September. It is imperative that boaters make their voices heard and compel Congress to change this vastly overreaching decision.