IMPORTANT MESSAGE TO ALL BOATERS IN THE CHICAGO HARBORS

EPA Boat Permitting Update: Clean Boating Act Introduced

Coalition Partners,

Per their Sept. 2007 public pledge to remedy this problem for boaters and anglers, Senate Environment and Public Works Chair Barbara Boxer and Senator Bill Nelson today introduced the Clean Boating Act of 2008. This legislation is the product of negotiations between Senate staff, NMMA and BoatU.S. In short, the bill fully and permanently restores the longstanding regulatory exemption for recreational boats and recreational boats used for charter fishing expeditions from any federal or state permitting under the Clean Water Act.

Additionally, the bill would establish a three-track, three-year regulatory framework to determine if any “reasonable and practicable” best management practices are needed for incidental discharges, if any. EPA, in consultation with Coast Guard and other agencies, in the first year would determine after a review whether it needs to develop any BMPs. If it decides it does, EPA and other agencies would develop “performance standards” for these discharges and any management practices. Finally, in the third phase, the Coast Guard takes over as the lead agency and would develop the regulations for the best management practices for those discharges, if any, that EPA determines requires them.

As noted, any BMPs would need to be “reasonable and practicable,” and EPA, Coast Guard and other agencies would be required to determine the impact on the operation, operational capability and safety of the vessel before moving toward any BMPs. They would also be required to determine the economic cost of any BMP and its practicability.

Each stage of this process is subject to public notice and comment under the Administrative Procedures Act. The bill does not prescribe any specific measures, nor does it mandate that any BMPs be put into place.

Timeline:

We have less than 6 legislative months to get this bill enacted. We are looking for Senate action in April 2008, following the two-week Easter recess from March 17 to April 1. We need to accumulate a high number of bipartisan co-sponsors in a short period of time to demonstrate broad support of the bill, get it passed and send it over to House T&I.

Requested Action Items:

1. Publicize this to your members and urge them to contact their Senators via www.boatblue.org beginning Monday, March 17 or by phone.

2. Reach out to your contacts on Capitol Hill and express support and the need to move quickly.

3. Conference Call. We’d like to schedule a conference call with all of you to discuss this. Please let me know what works best for you from the below:

a. Monday, March 17 @ 1:00 PM Eastern or 3:00 PM Eastern

b. Tuesday, March 18 @ 1:00 PM Eastern of 3:00 PM Eastern

c. Wednesday, March 19, 11:30 AM Eastern

NMMA’s Press Release is attached. We will follow up with a bill number when we have it. We are in the process of updating the boatblue.org website now.

Thanks,

Mat

Mathew P. Dunn

National Marine Manufacturers Association

(202) 737-9760

Inland Seas Angler

GREAT LAKES BASIN REPORT

A Publication of the Great Lakes Sport Fishing Council

November 2007

http://www.great-lakes.org

Vol. 18, No. 11

In this issue…

Changes in Consent Decree.................. 2
Hatcheries cause loss of reproductivity 3
Lake Erie commercial fined $45,000....... 3
Catch-and-release in less than 4 min..... 4
Acid rain unfavorable to fish.................. 4
Transporting/possession carp banned.. 5
WDNR holds meetings on cormorants.... 5
Hunters & anglers impact economy....... 6
Spotted muskies stocked in Green Bay. 7
IL Youth Goose Hunt app deadline......... 7
COs bust caviar ring.............................. 7
Five added to Fishing Hall of Fame......... 7
NMMA backs Recreational Boat Act...... 8
Clean air pact to cost AEP ..................... 8
State cops propose age ban on firearms 8
Agency to test ballast treatment............ 9
No ruffe captured during fall survey...... 9
CG urges competency/safety checks... 9
Fewer in outdoor recreation................ 10
WI circuit court sides with gun owner. 10
Feds to help fight VHS fish virus......... 11
Spiny waterfleas still spreading.......... 11
Exec order protects bass/drum........... 11
Repairs to Cheboygan lock and dam 11

Click Here to Read Entire Report

The Boat Blue Coalition

November 9, 2007

Dear House Boating Caucus Member:

The undersigned organizations are writing to strongly encourage you, as a member of the
Congressional Boating Caucus, to cosponsor H.R. 2550, “the Recreational Boating Act of 2007,” which
will preserve recreational boating, sportfishing, and an array of water-based recreation that is currently
being threatened by unnecessary federal regulation resulting from a recent court decision in California.

House Boating Caucus Co-Chairs Gene Taylor and Candice Miller introduced H.R. 2550, “the
Recreational Boating Act of 2007,” last May. Since that time, the legislation has garnered 45 bipartisan
cosponsors who understand that a longstanding, commonsense exemption from the Environmental
Protection Agency’s National Pollutant Discharge Elimination System (NPDES) permits for non-harmful,
incidental discharges associated with the normal operation of a recreational boat should remain in place.

Click Here to Read the whole Article

11/13/07

Members,

Please have your members/clients to take immediate action as detailed below.

As recreational boaters, we need to get Congress to pass legislation to exempt recreational boaters from the onerous EPA permitting scheme as it relates to waste water discharge and water runoff.

Here is a simple, easy way to let your Washington Representative and Senator know that you want them to support the legislative exemption to this onerous regulation.

1. Point your web browser to www.boatblue.org/takeaction.aspx

2. On the left half of the site you will find a box asking you to enter your zip code, please do so.

3. Scroll down to the section "Action Alert" and in that box you will find a link to "Click Here", please click on it.

4. You will arrive at the "Action Alert" portion which offers you a choice of delivery methods of your message. The

email option will be highlighted. if it is not, select it.

5. You will see form letters prepared for your Congressman and you Senator. The letters may be edited, if you so

choose.

6. Fill in the "Sender" information.

7. Click on "Send Message" and you will have let your representatives in Congress know that this issue is important

to you and that you wish them to support this legislation.

8. Or do nothing and look forward to the hassle of getting water discharge permits, perhaps not just in Illinois, but

also in Indiana and Wisconsin, and Michigan, depending on how you use your boat.

Act now, or forever hold your peace.

FOMC

10/01/07

Coalition Members:

First, I was to personally thank each and every one of you for your hard work—on short notice—on behalf of boaters and anglers across the country. The result of the mark-up on S. 1578 could not have gone better. Although Sen. Nelson withdrew his amendment, he did not do so before getting an unequivocal statement from. Senator Barbara Boxer, Chair of the Environment & Public Works Committee, that she will reinstate the recreational incidental discharge exemption before the Sept. 2008 deadline in order to protect recreational boaters and sportfisherman from an onerous NPDES permitting system.

I have included the colloquy between Sen. Nelson and Boxer below. In fact, Sen. Boxer’s statements went far beyond the official colloquy, and we’ll get you details on that. Sen. Nelson did not withdraw his amendment until he obtained the unequivocal statement of support the protection of boaters and anglers from Sen. Boxer. We genuinely appreciate everything all of you have done so far, but this fight is not over. We will need to hold Sen. Boxer to her commitment, and we will continue to need all of your support. We will try to schedule a conference call next week to discuss next steps.

In the short term, any letters of appreciation to both Sens. Nelson and Boxer for their commitment would be appreciated. NMMA will be preparing a press release for distribution ASAP as well as such letters.

Thanks again, and please call with any questions/concerns, etc.

Mat

*******************************************************

COLLOQUY BETWEEN SEN NELSON AND SEN BOXER

As agreed...

NELSON: A recent court ruling has cast doubt on whether recreational boaters - people going out for a day of fishing, or waterskiing -- can continue to operate without a permit from the EPA. They've never been required to have such a permit, and there's no reason for that to change. You shouldn't have to ask the EPA before you take your boat out on the water. Florida has almost a million boaters, and there are more than 18 million boaters nationwide. It's vitally important to them, and to me, that we continue a reasonable, commonsense exemption for recreational boating and sport fishing. That said, I've been in contact with my friend from California, and would like to work with her on a solution to this problem.

BOXER: Thank you, Senator Nelson. I agree and will support that recreational boating and sport fishing should be allowed to continue as they always have -- without individual NPDES permits. Senator Nelson and I also agree that we need to preserve the integrity of the Clean Water Act. So we've decided that our offices will begin work immediately to find a legislative solution that accomplishes both of these goals as soon as possible, and no later than next September.

NELSON: I thank my colleague, and agree on the importance of finding a solution as soon as possible. With the assurance of Senator Boxer's statement, and with her willingness to pursue this issue through a stand-alone piece of legislation rather than through an amendment to a more complicated bill during the busy end of this session, then I'll withdraw my amendment.

Mathew P. Dunn

National Marine Manufacturers Association

(202) 737-9760

10/01/07

Boating industry gains favor with Democratic Senators

The boating industry claimed a key victory in the Senate yesterday with ballast water legislation.
U.S. Senators Barbara Boxer, D-Calif., and Bill Nelson, D-Fla., unequivocally committed themselves to resolve the issue before a September 2008 permitting deadline.

“A recent court ruling has cast doubt on whether recreational boaters — people going out for a day of fishing, or waterskiing — can continue to operate without a permit from the EPA,” Nelson said in a statement. “They've never been required to have such a permit, and there's no reason for that to change. You shouldn't have to ask the EPA before you take your boat out on the water.”

Environmental groups and several states’ Attorney Generals successfully argued in a U.S. District Court case last fall that ballast water should not be exempted from government regulation as a pollutant because it introduces harmful invasive species into U.S. waters. Large ocean-going ships use ballast water for stability, taking on water to weigh the vessel down.

However, the court’s ruling also includes boat-engine cooling water, bilge water, gray water and common deck runoff. The court directed the Environmental Protection Agency to develop what the NMMA says is “a complex and costly permitting scheme” for the nation’s estimated 18 million boats by September 2008.

“I don’t think they should have to get these permits,” said Boxer, chairwoman of the Senate Environment and Public Works Committee, in a statement. “I’ve committed with Senator Nelson to make sure we fix this before that time. We are going to make sure that individual boaters do not need permits — that’s as simple as it gets. That’s my commitment, and it will happen.”

Soundings Trade Only Today Article

9/17/07

NMMA Urges Congressional Support for H.R. 2550, the Recreational Boating
Act of 2007

boating with wakeNMMA is urging lawmakers to cosponsor and support H.R. 2550 , the Recreational Boating Act of 2007, to enshrine into law the 34-year old permitting exemption for recreational boaters that a recent court decision regarding commercial shipping ballast water struck down. Without passage of the legislation before September 2008, the nation’s estimated 18 million recreational boats will soon be subjected to costly, onerous, complex and burdensome permits intended for industrial sites and global commerce ships and supertankers. H.R. 2550 is straight forward legislation that would make the permitting exemption for recreational boats permanent without hampering efforts to address commercial shipping ballast water discharges that introduce aquatic invasive species into U.S. waters. Specifically, the bill would continue the permitting exemption for recreational boat engine cooling water, bilge water, gray water, and common deck runoff. The water-based runoffs are essential to the safe and normal operation of recreational boats; boats which are already well regulated by existing laws and stringent U.S. Coast Guard regulations. NMMA is urging its members and the boating community to visit the grassroots website, www.BoatBlue.org, to learn more about the issue and to use the sites new enhanced, easy to use grassroots tool to contact their Senators and Members of Congress to cosponsor and support the measure.

Congressman Israel Announces Plans to Introduce Mandatory Federal Boater Proficiency Legislation

Representative Steve Israel (D-N.Y.) on September 10 announced that he plans to introduce an amendment to the Coast Guard authorization bill that would require the U.S. Coast Guard to develop minimum boating proficiency standards for all recreational boat operators. Rep. Israel intends to name the amendment “Brianna’s Law,” for Brianna Lieneck, who died in a 2005 boating accident, and called the legislation his top priority during a press conference announcing the measure. According to news reports a Coast Guard spokeswoman said Coast Guard Commandant Thad Allen has previously expressed support for standardizing proficiency requirements. NMMA has historically supported National Association of State Boating Law Administrators (NASBLA) approved boater education in light of the education certification’s application to both sole state waters and federal waters jurisdictions, and the ability of states to offer reciprocity for interstate travelers.

9/11/07

The "Friends of the Marine Community" as a Member of the CYA NEED you to read and see the IMPORTANT information below!

This will keep you as Boaters informed of what possibly could happen on the lakefront. This information is only to be considered to

be informative.

Dear Chicago Yachting Association Members

At this point we all view the 2016 Olympics in Chicago as an exciting venue for all the citizens of Chicago and adjoining states.

Please review the following preliminary plans with cautious optimism that Chicago yacht clubs and boaters will be respected as the Olympic momentum increases.

The Chicago Yachting Association with strong support from member organizations and all Chicago boaters will monitor and strive to work with planners. We would like to, and need to participate in the Olympic experience to minimize negative impact on yacht clubs and boaters.

We all know that this will not be a one year bump in the road for our yacht clubs and boating enthusiast as we know it today. This event will be a defining moment for all.

Regards,

Don

Don Koster

Commodore

Chicago Yachting Association

"DON'T GIVE UP THE SHIP!"

In February of 2007 the Flag members of the Club Ship Abegweit met the Chicago Olympic Exploratory Committee about the 2016 Olympics. At this meeting the Flags were presented with a plan for the rowing venue that involved moving the Club Ship from its present location, north and east, next to the walking path by the Chicago River. We are in support of Mayor Daley’s bid to bring the Olympics to Chicago in 2016, but we need to keep abreast of the situation. The rowing venue proposed will displace Monroe and DuSable boaters for an extended time as well as causing an unknown period of downtime for the Club. Columbia Yacht Club seems to be absent in the rendering above. Is this just an oversight? We need to be part of the solution.

Here is part of the official press release from the Olympic Committee:

Chicago Officially Submitted as USOC Applicant City for 2016 Olympic and Paralympic Games
September 04, 2007

Chicago 2016 -

Chicago Advances as USOC Applicant City for the
2016 Olympic and ParalymPic Games

September 4, 2007 (Chicago, IL) -- Mayor Richard M. Daley and Pat Ryan, Chairman and CEO of the Chicago 2016 Olympic Committee today thanked Jim Scherr, CEO of the United States Olympic Committee for officially submitting Chicago as the United States Olympic Committee’s Applicant City for the 2016 Olympic and Paralympic Games.

“The USOC has given us an opportunity to showcase Chicago around the world and to advance the Olympic Movement. And I want to thank the USOC again for this vote of confidence in our city,” said Mayor Richard M. Daley in a press conference at City Hall, 121 N. LaSalle St. “We are looking forward to working with the International Olympic Committee and convincing them why we believe Chicago is the best host city for the 2016 Olympic and Paralympic Games.”

The International Olympic Committee is expected to announce Chicago along with several other Applicant Cities on September 14, 2007.

What we ask is for our members to fly “Don’t Give Up The Ship” flags as a show of support to keep our harbors as they are, and to ask the Olympic Committee to explore other venue’s for the event. These flags may be purchased at the Club Ship Abegweit’s counter merchandise area by the bar. They are $3.00 each and are 3' by 5'.

This rendering shows a bridge crossing the mouth of Burnham Harbor. Will it be high enough to accomodate tall masts?

The Olympics will be a momentous moment for Chicago. We applaud the benefits it will bring the city. We would like to be sure the event will not cause undue hardship to thousands of Chicago’s boaters. Members are encouraged to contact Peggy Brennan, Chairman of Columbia’s own Olympic Watch Committee to keep informed on this subject. "Don’t give up the Ship!"

8/25/07

Regulatory Update

Ninth Circuit Court of Appeals Hears Ballast Case Appeal

Ballast Water BreakoutNMMA attended the August 14 oral arguments before the Ninth Circuit Court of Appeals on the appeal of the September 2006 Northwest Environmental Advocates v. EPA U.S. District Court decision requiring multiple permits for recreational boat engine cooling water, bilge water, gray water, and common deck runoff. As a result of that case, last fall the district court ordered the Environmental Protection Agency (EPA) to develop a permit program for all types of vessels from large commercial ships to small recreational boats by September 30, 2008. Judges Michael Daly Hawkins, Kim McLane Wardlaw, and William A. Fletcher – all President Clinton judicial appointees – were selected as the appeal panel. The judges were clearly engaged in the case, and Department of Justice (DOJ) attorneys actively defended the EPA permitting exemption during arguments for the appeal.

DOJ mentioned early in their argument before the judges that the nation’s estimated 18 million recreational boats would have to be covered under this decision, underscoring the magnitude of the permitting impact, and that EPA would clearly need more time than the District Court allowed to decide out how to address recreational vessels. Of special note during the proceedings were comments by Judge Fletcher that he is listening sympathetically to the industry and EPA that this is a complicated affair and is hesitant to have this deadline come “hell or high water.” Fletcher also stated in response to the shipping coalition’s safety arguments that “no one wants to run ships ashore.” However, Judge Wardlaw asked the government lawyers, in reference to the argument of several states that EPA can exempt some discharges as de minimis, “how can you exempt other [non-ballast] discharges and remain consistent with the Clean Water Act as it is written?”

The final outcome of the appeal will not be known for sometime, however, the Ninth Circuit Court of Appeals clearly recognizes that the case now goes beyond large commercial ship ballast water and impacts recreational boats as well. For more information please contact Cindy Squires ( csquires@nmma.org; 202-737-9766). Please click here to view key documents relating to the cas

EPA flooded with Comments after Announcing Ballast Water Boat Permitting Scheme

MECBackCove33NMMA thanks all of its members and the boating community who took the time recently to submit comments to the Environmental Protection Agency (EPA) in response to the agency’s request for information on developing a new permit program for vessels under the Clean Water Act stemming from the September 2006 U.S. District Court ruling that will now require permits for recreational boat engine cooling water, gray water, bilge water, and common deck runoff. EPA has told NMMA that they have received nearly 1,200 comments, the majority of which were submitted by affected industries or boaters. Please click here to read NMMA’s extensive comments in response to the EPA permitting proposal.

At the behest of NMMA, legislation has been introduced in Congress to enshrine into law the exemption for recreational boaters that the court struck down. The legislation, H.R. 2550

, the Recreational Boating Act of 2007, is responsible, straight forward legislation that would make the permitting exemption for recreational boats permanent without hampering efforts to address commercial shipping ballast water discharges that introduce aquatic invasive species into U.S. waters. For more information, please visit NMMA’s grassroots website on this issue, www.BoatBlue.org , and take a moment and urge your Senators and Members of Congress to support this needed legislation.

08-02-07

IMPORTANT SAFETY NOTICE
THE “PLAYPEN”

Greetings Promoters and Participants:

It is a priority of the Chicago Police Department to ensure that everyone on the Lake front, whether on boat or on land, can enjoy its beauty safely as well as peaceably. In an effort to ensure those goals, please be aware that the following ordinances will be actively enforced. Your awareness and assistance is appreciated:

Access to major events, as it relates to the area directly north of the Jardine Filtration Plant (commonly referred to as the “playpen”) will take place at the Northern Gap-Oak St. Rafted Vessels will maintain a distance as acceptable to pubic safety responders (minimum of 150ft—weather plays a factor) ***Floatation devices (rafts and rings) must be kept free of these areas of passage. City Municipal Code 10-40-260

Amplified music may not be louder than an average conversational level at 100 feet or more (Directing speakers to the East may also reduce impact of amplified systems to those ashore). City Municipal Code 10-40-260c

All operation restrictions & equipment requirements
**Dangerous Operation
**Careless Operation
**Equipment requirements- (Including, but not limited to-an accessible Flotation device on board for EVERY PERSON on board)
City Municipal Code 10-40-260h

Operation of Any boat or water craft (including jet skis) which causes a wake within 150ft of any other vessel. City Municipal Code 10-40-261

Finally, please keep the constant welfare of those aboard your vessel and yourself a priority. Consumption of alcohol is a leading contributor to boating accidents and injuries. The Chicago Police Department, The United States Coast Guard and the Illinois Department of Natural Resources will maintain a heavy presence to ensure your safety by strictly enforcing and prosecuting those that are Operating While under the Influence. These violations under Illinois Statue and Federal Statue bring strong penalties. For example, 46 USC Sec. 2302 (a) - negligent operation - including operating under the influence - carries a $5000 penalty and requires travel outside the state to contest the infraction.

Safety is everyone’s responsibility. Your understanding, compliance and assistance will ensure that all can enjoy the lake and harbor system of Chicago.

Chicago Yachting Association
Steering Committee Meeting
6:00PM, November 2, 2006
Columbia Yacht Club

Members in Attendance: Scott S. Baumgartner, Chair; Lori Lauritis; Sonny Lisowski; Jane McMillan; Gibby Vartan; Hardy White

There was one agenda item, that of addressing and developing a response from the Chicago Yachting Association to Westrec Marina Management and the Chicago Park District with regard to their proposal to expand the official boating season in the Chicago Harbors from May 1 to October 31 each year. The proposal as set forth would provide approximately an additional month in the season, which currently runs from May 15 to October 15 of each year. It would come with an additional cost of eight percent (8%) to individual boaters over what they are currently paying for mooring fees.

The outcome of the discussion of the Steering Committee resulted in the following recommendation:

The Chicago Yachting Association should vigorously oppose the proposed expansion of the boating season because it comes with no value to the general boating public and comes with a great cost to the individual boater. The reasons are varied and are as follows, but not in any particular priority:

1. Traffic congestion continues to be a problem in all of the harbors, making it nearly impossible to enter or leave the harbors at a reasonable hour during weekends.

2. Safety concerns for motorists, pedestrians and bicyclists continue with regard to the fishermen begin to have unauthorized access to the docks. Break-ins to boats have been frequent.

3. Harbor Master facilities and shower/restroom facilities for boaters continue to be dismal throughout all of the harbors.

4. bike path along the lakeshore and its proximity to the harbors.
Security in the harbors is still sub par, particularly during the latter part of the season when


Volume XXXVII No. 6	November/December 2007
	Click Here to Read The Lookout