Small boaters get a break

U.S. Congressman Frank A. LoBiondo (NJ-02) spoke on the House floor July 23 in support of S. 2766, which codifies an exemption for over 15 million recreational boat owners from being fined $32,000 daily for incidental discharges such as bilge water, rain water runoff and deck wash.
A second bill (S. 3298), supported by LoBiondo, will provide fishing vessels and other small commercial boats a two year exemption from costly permits and potential lawsuits.
During these two years, the EPA will study the issue of incidental discharges and their effect on the environment before being forced to implement regulations by a court.
“These bills are an important and significant first step. South Jersey’s commercial fishing industry is the second largest on the East Coast, but it is suffering from increased fuel costs, catch limitations and the economic slump,” said LoBiondo, a member of the House Water Resources & Environment Subcommittee.
“At a time when our economy is experiencing a downturn, it is critically important Congress approve legislation that protects both the recreational and commercial boating industry, and the millions of jobs they support.”
Under the 1973 Clean Water Act, these types of discharges have been exempt from Environmental Protection Agency (EPA) permitting, with the exemptions being accepted by Congress though not codified in law.
In 2007, the U.S. District Court in California ruled on a lawsuit regarding ballast water discharge from large, ocean-going vessels with regard to concerns from environmental groups. In an unexpected decision, the Court’s decision included all incidental discharges (rain water runoff, bilge water and deck wash etc.).
Consequently, the ruling directed the EPA to implement costly permits on fishermen and boat owners for incidental discharges. Failure to abide by the permits would result in daily fines and lawsuits.
The legislation passed by the Congress only allows certain vessels exemptions for incidental discharges while maintaining the original intent of the lawsuit that ballast water discharge should be prevented.
In his statement on the House floor, LoBiondo argued that it would be unfair to provide exemptions for 15 million recreational vessels while refusing to extend the same exemption for approximately 30,000 commercial vessels that are of equal, or in many cases, smaller size.
He further pointed out that rain water runoff, bilge water, engine cooling water and other discharges are materially the same regardless of whether they are discharged from a recreational vessel, a fishing vessel or a small tour boat. LoBiondo will use the two year period authorized under S. 3298 to secure a permanent exemption for commercial vessels.
Already approved by the Senate, S.2766 and S. 3298 will now be sent to the President for his signature.