LoBiondo Works to Get Moratorium for Vessel Water Discharge Permits

COLD SPRING– U.S. Rep. Frank LoBiondo (R-NJ) announced at a press event at Lund’s Fisheries Tuesday Nov. 24, he has been working to secure a three year extension of a moratorium from the Environmental Protection Agency (EPA) state regulations and fines governing incidental discharges from commercial fishing vessels and all other commercial vessels less than 79 feet.
The extension was included in the “Coast Guard Authorization Act of 2010,” which was approved by the House in October but still must be passed by the Senate for the moratorium to begin. LoBiondo said if the Senate passes the Coast Guard Reauthorization Bill, which includes the three year moratorium, he is sure the president will sign it. He said there has been bipartisan support of a new moratorium.
LoBiondo is a ranking member of the House Coast Guard and Marine Transportation Subcommittee. He said with all the pressure that’s on small business and the fishing industry, it was wrong to have the government say if you have an accidental discharge on ships under 79 feet, the fine is thousands and thousands of dollars.
The need for a change in legislation stems from a Ninth Circuit Court of Appeals decision in San Francisco that affirmed a lower court order that ended an exemption for marine vessels. That paved the way for the EPA to require vessels under 79 feet to obtain discharge permits.
“We got an initial exemption so they could work out the particulars but now that exemption is expired,” said LoBiondo.
He said a the Coast Guard subcommittee wanted to find a full blown fix but found that impossible under the time frame. He said the chairman of Coast Guard subcommittee recommended and supported a three year extension on the moratorium, so a permanent solution can be found.
The earlier moratorium was set to expire in June 2010 when new the EPA permits would take effect. LoBiondo said the regulation could force commercial fishermen out of business.
“It throws all common sense overboard,” he said.
Wayne Reichle, a managing partner in Lund’s Fisheries, said the discharges from fishing boats included ballast and bilge water. EPA regulations also covers water discharge from washing decks, galley sink wastes, laundry and rain water runoff. He said recreational fishing vessels were not included in the discharge requirements.
LoBiondo said Michigan requires commercial fisherman to treat water with chemicals before they can discharge water from their boat. Neighboring Wisconsin does not allow any discharge treated with chemicals.
He said it made it impossible for commercial fisherman to comply with the regulations. LoBiondo said his first task was to get a standard regulation the fishing industry can live with across the board.
The solution may be an amendment to the Clean Water Act, said LoBiondo, but that may take time. The Ninth Court of Appeals decision also covered ballast water carried by large ocean going ships that may introduce invasive species from other parts of the world.
Commercial vessels (except fishing) over 79 feet will still need to comply with the EPA standards and all recreational vessels, regardless of size, are permanently exempt from the regulations.
LoBiondo continues to work with House Transportation & Infrastructure Committee Chairman James Oberstar (MN-08) on a permanent solution that will establish a single, nationwide standard for ballast water and incidental discharges.