Court Ruling Poses Threat to Sailors:
Sailors need to act NOW to avoid
pending permit requirements

Over 18 million recreational boats – including yours – could soon be required to comply with a new permit system if Congress does not pass the Clean Boating Act of 2008 before September 30th. Due to a 2006 U.S. District Court decision, the federal Environmental Protection Agency is required to design and implement a discharge permit system for every vessel in the country before September 30, 2008. Current federal legislation, Senate Bill #2766 and House Bill #5949 "The Clean Boating Act" would reinstate a 35-year permit exemption for recreational boats.

If legislation does not pass in the next 4 months, all of the boats that you own or sail will need a special permit, regardless of size or type. This means boat owners will be required to apply and pay for permits for Sabots, Lasers, Hobies, Mumm 30s, Cal 40s or TP52s, most likely in every state where they want to sail a boat.

The National Marine Manufacturers Association (NMMA) and BoatU.S. are spear-heading efforts in Washington D.C. to pass this legislation, but every boater’s voice is critical right now to successfully pass this bill.

“Time is short, Congress is distracted, and we must get this legislation moved in order to beat the clock,” says Margaret Podlich, Vice President of Government Affairs for BoatU.S. and a US SAILING member.

According to Scott Gudes, Vice President for Government Relations of the National Marine Manufacturers Association, “Recreational boats like 20’ sailboats shedding deck wash are far different from supertankers discharging ballast water. As crazy as it may sound, if we don’t get the Clean Boating Act of 2008 (S 2766/HR 5949) passed by Congress and signed by the President before September 30th, all recreational boats, even a Laser or a Hobie Cat, will be subject to an onerous and expensive new Federal boat permit program. This is why it is imperative to urge our elected officials to restore the commonsense EPA exemption that has existed for 35 years.”

Background:
In 2006, a U.S. District Court ruling canceled an exemption of the Clean Water Act for normal operational discharges of vessels. The original lawsuit brought against the EPA by environmental groups was focused on commercial oceangoing ships, their ballast water, and preventing the unintentional introduction of invasive species (like zebra mussels). However, the new regulations and permit requirements will adversely affect ALL vessels in the United States. The EPA is now developing the draft permits, which are expected to incorporate the water used to cool your engine, the water that crashes over your bow and exits your cockpit, grey water from sinks and showers, and clean bilge water. Existing environmental restrictions on the overboard discharge of raw sewage, plastics and garbage, and oil and fuel are not affected by the permit requirements or the proposed legislation.

Current Situation:
Because of the court ruling, the EPA is now developing a permit system for every vessel in the United States. This draft permit is scheduled to be released for public comment shortly.

Concurrently, the boating and fishing community is working hard to pass federal legislation which would exempt recreational boats from the permit requirement. In the last few weeks, there has been positive momentum on S 2766/HR 5949 “The Clean Boating Act of 2008.” On May 15, HR 5949 was passed out of the House Committee, and on May 21, S 2766 was passed out of the Senate Committee. These bills have identical language, and they are now headed to the full Senate and House for votes. According to Podlich, “These are the bills that are most politically viable, and these are the bills we need help with nationwide.”

Donate five minutes!
Without a change in the law, after September 30, 2008, you will need to an EPA permit to legally operate each of your boats. Please invest five minutes now to contact your 2 federal Senators and your one federal Representative to ask for their support of S 2766 and HR 5949.

Boat Blue has simplified this communication process with an automated system, enabling you to email your local senators and representatives with just a few clicks at www.boatblue.org/takeaction.aspx.

“It only takes a few minutes, and we really need sheer volumes of support to get Congress’ attention and prompt action on this issue,” says Podlich.