New Federal Regulation is a Joke!

A new federal regulation that would force recreational boaters to purchase the same type of permits required for massive oil tankers and freight ships or face a $32,000 per day fine has drawn the ire of several high-ranking state officials.

U.S. Sen. Charles Schumer, D-New York, and State Sen. Darrel Aubertine, D-Cape Vincent, have lashed out at the proposal, which would have huge implications with the estimated 58,000 recreational boaters across central New York.

The federal regulation stems from a 2006 decision made by the U.S. District Court for Northern California ruled that the Environmental Protection Agency (EPA) should be held accountable for regulation of the discharge of ballast water from large commercial tankers and ships. The EPA is now set to expand this law to cover all recreational boaters, which will force them to obtain the same expensive permits as tlarger commercial ships. The rule is set to go into effect on Sept. 30.

Speaking out against the regulation, Schumer on Monday warned that unless recreational boaters are relieved from having to follow these procedures, the $133 million dollar boating industry across Central New York, which provides employment for 868 individuals, will take a substantial financial hit.

“Just as thousands of Central New York families are getting their boats in the water for the summer season, a storm cloud of onerous and unfair regulation is gathering on the horizon,” Schumer said. “By forcing small central New York to abide by the same regulations as massive oil tankers, these new rules — with budget busting fines — threatens to sink the important and thriving recreational boating industry across the region.

"This impending regulation defies every iota of reason, which is why we must ensure the recreational boaters are exempt from it and that it only properly pertains to oil tankers and massive freight ships. It’s time to toss this ill-advised regulation overboard.”
Aubertine shared in Schumer’s distaste for the law, questioning the reasoning of the federal government in making such a proposal. “Its absolutely ridiculous … This is a clear demonstration of just how out of touch the federal government seems to be on some of the issues here in Central New York,” Aubertine said. “Where is this same federal government when it comes to the regulation of water levels or issues with invasive species in dealing with the Great Lakes, the St. Lawrence and these other water ways being affected here? … They are no where to be found.” He continued,” Yet, they come up with some cockamamie plan like this that will impede small business growth and hurt the recreational boaters of this area and across the country.”

Although the original 2006 court case was to regulate the discharge of ballast water from foreign ships, it also overturned a 35-year-old exemption that had been in place that applied top water-based incidental discharge of all vessels, including recreational boats. Rainwater run-off, engine cooling water and oil run-off as well as other garbage and pollutants fall into the incidental discharge category. Despite oil tankers and large commercial ships being the main culprit for these types of discharge, all recreational boaters across Central New York will now be forced to have these same costly federal and state permits of face huge daily fines. Boaters wishing to travel in different states could be forced to purchase multiple permits for each that they plan on traveling through. The EPA is currently reviewing how much will be charged for the permits.
“It is absolute and utter nonsense,” Aubertine said addressing the multiple costs that boaters could face in purchasing these permits. “What about boaters traveling down from Canada? Are they going to levy these same types of fines on Canadian boaters if they don’t have these permits?” He added, “The whole thing seems so half-baked to me … it makes no sense at all.”

Earlier this week, Schumer announced that he is pushing the Clean Boating Act of 2008, which would exempt recreational boat owners across Central New York and the entire nation from having to purchase federal water permits. While this bill would exempt the recreational boater from having to acquire the permits, it still ensures that larger commercial boats and oil tankers will meet all environmental standards and obtain the necessary permits.

Aubertine immediately put his stamp of approval on Schumer’s pushing of the Clean Boating Act, stating, “I certainly am backing Senator Schumer’s actions on this. I am in 100 percent support of anyway that we can derail this type of proposal.”