MAY/JUN 2004 VOL.19 - NO.3 national association of state boating law administrators
TeachingTeaching KidsKids InstillsInstills LifelongLifelong BoatingBoating SafetySafety ValuesValues
OptimismOptimism SurroundsSurrounds Wallop-BreauxWallop-Breaux ReauthorizationReauthorization
LewisLewis && ClarkClark CommemorationCommemoration ContinuesContinues
Produced under a grant from the Aquatic Resources (Wallop-Breaux) Trust Fund administered by the U.S. Coast Guard from the HELM
The official publication of the National Association of Fred Messmann State Boating Law Administrators NASBLA President We Must Protect Our Children — They Are Our Future PRESIDENT You never know who may become the vanguard of would prefer his fear be directed at the consequences Fred Messmann our messages! of not having life jackets and not a fear of me personally. With a big smile, we both ended up My wife, Anabella, came home from work at St. catching limits of beautiful rainbow trout, location VICE PRESIDENT Mary’s Hospital last night a bit upset. Anabella was to remain confidential. Randy Edwards in a staffer’s office and commented to him what a very nice picture he had on the wall – it showed the Another very real nightmare is the loss of a child in a SECRETARY/TREASURER staffer teaching his 9- or 10-year-old son how to boating accident. There are some children’s names Charlie Sledd operate a boat. With a big smile and puffed-up chest, that are difficult for me to remember. Not that their the staffer said, "Thanks." names are different than any other child’s name – just EXECUTIVE EDITOR that they are more painful to say for some of us John Johnson Then came the carpet-pulling. Anabella asked, "But because of the tragedy related to the names: tell me what is wrong with this picture?" The Deborah, 16, perished in a personal watercraft surprised staffer commented there was NOTHING (PWC) accident in Texas in 1998; Aaron, 13, killed MANAGING EDITOR WRONG with the picture. Anabella replied, in 1996 on a PWC that hit a boat in Colorado; and Ron Sarver "Children in Nevada less than 12 years of age are Scotty, 9, killed in a 1999 California PWC/boating required to wear a personal flotation device. Plus, accident. EDITOR your child was learning how to boat from you, but Kimberly Hermes you are not wearing a life jacket either!" The staffer’s These children remind me of why I am so passionate reply was that they had been close to shore. about doing this job – as a parent, a state boating law ART DIRECTOR administrator, and representing my state with NASBLA Michelle Huber-Kropp Enough said, good for you Anabella! I hope that and the National Boating Safety Advisory Council. encounter planted some thoughts in a very well- meaning person’s mind and didn’t get Anabella a I have met the parents of these children. If you want CIRCULATION DIRECTOR poor performance report. the passion to grab your heart as well as your Joan Minton professionalism, talking to them will do it for you. You need to know that when I go boating with my These children were wearing PFDs. Perhaps EDITORIAL OFFICES brother, son, grandchildren and friends that I mandatory education would have made a difference 1500 Leestown Road, Suite 330 practice what I preach. in saving the children’s lives and in saving the Lexington KY 40511 parents, friends and classmates the agony associated Phone: 859.225.9487 During the International Boating and Water Safety with these fatalities. Fax: 859.231.6403 Summit in April, I showed an attendee some pictures E-mail: [email protected] of a recent fishing trip on a boat. The person viewing While discussing boating and children, you may the photos commented on the fact that I was wearing believe there is no need to talk about alcohol an inflatable personal flotation device (PFD) on the awareness. In fact, this is THE time to begin boat. This he noticed even before taking note of the educating children about the perils that drugs and © Small Craft Advisory (ISSN: 1066-2383) Published nice salmon I had caught! No one – youth or adult – alcohol bestow on safe and enjoyable boating. bimonthly by the National Association of State Boating Law gets on my boat without wearing a PFD. Administrators, 1500 Leestown Rd, Suite 330, Lexington, As I was finishing this article, I was advised that a KY 40511 (six issues). Subscription is $12 annually. Contact I frequently carry extra life jackets with me in case I 30ish female operator was towing her husband and NASBLA for permission to reprint articles, 859.225.9487. Send change of address to Small Craft Advisory, 1500 encounter anyone who might need to borrow one. I three children on a tube too close to shore and swung Leestown Road, Suite 330, Lexington KY 40511. appear every spring on a local television program, them into a cliff rock wall. Her husband may be a The Outdoor Recreation Show, and talk about paraplegic if he survives, one of the children is in boating safety. critical condition and the other two are in the hospital. The operator’s blood alcohol content was The producer happened to see me at the launch .05. This percentage is not enough to arrest her for ABOUT THE COVER ramp early one morning as we prepared to go fishing. operating under the influence, but it may be a He became flushed and literally sank to his knees mitigating factor in more serious charges, let alone begging forgiveness. I asked, "For what?" He the fact it was her own family. Since children are our future, it is critical that confessed that he and his family had planned to go we ensure their safety on the water. This can boating this day, that he had had a nightmare Boating is safe and enjoyable! However, we in law be accomplished both by teaching them dreaming that I was on duty and caught him without enforcement deal with the minority of boaters who boating and water safety and by setting a PFDs and that, in fact, he had just remembered he fail to learn how to keep themselves or others out of good example for them to follow. This issue had left them home. He felt his nightmare was harm’s way. There is no single solution. It is vital for of Small Craft Advisory showcases just a few coming true. us to work together in such a way as to ensure the innovative ways to accomplish this mission. parents are around to teach our youth the correct way I told him that I was glad that my message was so to boat and that children who become boaters live to powerful but that I would loan him life jackets so he enjoy boating SAFELY, far, far into the future. could enjoy the day without fear. I told him that I
NASBLA small craft advisory • may/jun 2004 • page 1 nasbla NEWS Committees Progress Conference All of NASBLA’s policy committees have met materials, a Paddler’s Handbook, and a for their interim spring meetings. Minutes bibliography of available paddlesports Planning Underway from these meetings, along with a complete set education resources and funding. of committee charges and members, are Mark your calendars! NASBLA’s 45th Annual available online at www.nasbla.org. The Law Enforcement Committee rolled out Conference will be held September 11-15, the new NASBLA Boating Under the Influence 2004, in Chattanooga, Tenn. Following are some items being worked on by training program for the states. It was presented the committees. this spring in Texas, Oregon and Ohio. The Co-hosted by Tennessee and Georgia, this course has been well received and states are very year’s conference promises to have something The Boating Accident Investigation, Reporting interested in expanding the program. for everyone. and Analysis Committee is drafting definitions and recommendations to the Coast Guard A number of training needs were discussed, The tentative schedule has the Opening regarding "recreational" vs. "commercial." including PWC use in enforcement and noise Ceremonies and the President’s Reception on enforcement. The committee has formed Sunday evening. The general sessions will take The committee discussed the need to expand working groups to study the issues. place Monday and Tuesday mornings with education to fire and EMS personnel and breakout sessions in the afternoons. Breakouts medical examiners to increase awareness of The Numbering & Titling Committee will finish on Wednesday morning, followed carbon monoxide poisoning. continues its work with the National by Regional Luncheons and an afternoon Conference of Commissioners on Uniform Business Meeting. The conference will close The Boats & Associated Equipment has State Laws (NCCUSL) on developing a Wednesday evening with an Awards Banquet. updated the NASBLA Model Act for "Capacity Uniform Certificate of Title Act for vessels and Label" Maximum Loading and Horsepower for the adoption by the Coast Guard of a 17- An extra feature this year is the New Boating and is amending the NASBLA Model Act on character HIN. Law Administrators Workshop. Scheduled for personal flotation devices to include definitions the Friday preceding the conference, this of "readily accessible" and "immediately available." A subcommittee is looking at registration for daylong seminar is designed to give new BLAs non-powered vessels to qualify for federal funds. insight into the administration and management of a The committee is concerned with the status on state recreational boating safety program. the agreement between the USCG and The committee is providing oversight on a personal watercraft (PWC) manufacturers for grant to develop measures of effectiveness for The governors from Tennessee and Georgia vessels not to exceed 65 mph. A letter has been state numbering & titling systems. along with the director of the Tennessee sent to the USCG asking them to reconfirm Wildlife Resources Agency and the director of with the PWC manufacturers their intent with The Waterways Management Committee the Georgia Department of Natural Resources respect to the continuation of this speed- discussed ways to re-establish the Federal have been invited to address the members limiting agreement. Interagency Recreational Boating Forum and during the opening ceremonies. how otherwise to influence the trend toward Boats & Associated Equipment has also more autonomous federal agency promulgation General session topics in the works include developed language for a NASBLA Model Act of boating regulations. Women at the Helm; Working with Mothers requiring the use of cut-off switches on Against Drunk Driving; the International mechanically powered vessels. The committee launched a research project to Conference on Safety in Transportation; the identify issues for marking, modifying or National Boating Survey; and Cold Water The Education Committee is reviewing current removing low-head dams. The committee will Immersion. offerings and developing additional protocols compile a report on best management practices needed for the review and approval of Internet- among the state boating authorities and from Breakout session will cover Standards & based boating education courses. other waterways management agencies and Regulations; Accident Recreation Software; organizations related to mitigating the dangers Measures of Effectiveness for State Numbering The committee oversaw the grant which of low-head or run-of-the river dams. & Titling Programs; Internet-based Boating funded the training of state education course Education; Video Cameras on Vessels; Survey reviewers in the use and application of All committees will complete their charges at on Fishing & Boating; NMMA’s Certification NASBLA National Boating Education Standards. the NASBLA Annual Conference on Program; Watersports; Towing Safety Advisory September 12, 2004, in Chattanooga, Tenn. Committee & Commercial/Recreational Boat The Paddlesports Subcommittee addressed the Interface Group; Critical Information development of paddlesport safety education Distribution; Low Head Dams; Hands-on Boating Instruction; Federal Regulatory Process & Willingness to Pay Concept; Use of CALL FOR Law Enforcement Presentations Radar in Boating Enforcement; The ninth annual International Boating The deadline for submitting proposals for Hunters/Anglers Outreach Efforts; Invasive and Water Safety Summit will be held in presentations at next year’s Summit is Aquatic Species; Boating Under the Influence Newport Beach, Calif. March 13-16, 2005. August 30, 2004. Details for submitting a Training; and On-water Demonstrations. NASBLA’s Law Enforcement Committee is proposal are available online at charged with helping coordinate the law www.safeboatingcouncil.org. The conference will be held at the enforcement track of breakout sessions for Chattanoogan Hotel, located in the heart of this conference. Topics for law enforcement track sessions downtown Chattanooga. should address current and interesting marine law enforcement issues or initiatives.
NASBLA small craft advisory • may/jun 2004 • page 2 nickel’s WORTH Optimism Abounds for Recreational Boating Safety Funding By George Stewart, Ed Carter and John Johnson
It has been a very long and winding Wallop- beginning were willing to formally and publicly Needless to say, a huge pat on the back also Breaux road but it has most definitely been acknowledge support for the State Boating goes to President Fred Messmann for his worth the walk (sometimes crawl). There is Safety Programs to receive a greater share of the leadership through the twisted final hours of great anticipation that by the time this article is motorboat fuel tax. this endeavor. It’s a great feeling when the published, the guessing will be over and the cleanup batter knocks it out of the park. reauthorization of the Aquatic Resources We would be remiss if we didn’t say a special (Wallop-Breaux) Trust Fund will be law. thanks to former NASBLA presidents Steve Following is the "good news" summary of the Optimism is very high and this article is Hall and Alvin Taylor. They took up the fight final package. dedicated to sharing what we believe will be early in their terms and as a result suffered very good news and the fruition of all our through several sleepless nights and the "slings Sometimes "a picture is worth several million collective labor. and arrows" of those with opposing ideas. dollars." And, thanks to NASBLA Executive Director George Stewart’s son, Maybe just a touch of history, Wayne, we have a very helpful however, is still in order. States Boating Safety Programs graphic depiction of this good news. The reauthorization of the Positioned for SUCCESS Transportation Equity Act of The illustration below reveals the the 21st Century (TEA-21) through 2009! highlights of the legislation and should have become effective what they mean in continued, on October 1, 2003. increased funding throughout the Because a funding level in reauthorization period. the Highway Transportation Bill could not be agreed on by The receipts that come into the fund the House, the Senate and the from all the sources are collected in White House, the one fiscal year and distributed in reauthorization did not the next. The following chart on occur and three the left shows the receipts from extensions of current FY 03 which will be distributed law have taken place. in FY 04. More good news, The current though, is that the extension ends June reauthorization will most likely 30, 2004. be retroactive to this fiscal year (04) and an additional $28 million money from the Assuming there will drawdown of the Boat Safety Account will be be no Presidential distributed in the last quarter of this year (July, veto, the August and September 2004) in addition to reauthorization of the the previously collected FY 03 receipts. entire highway bill, as well as the Wallop-Breaux provisions, will be the The chart on the left shows the final product of a House/Senate Conference distribution of those FY 03 funds to some Committee. There doesn’t seem to be any of the Wallop-Breaux programs in Fiscal Year problem with the provisions of the Wallop- 04, including the additional Boat Safety Breaux component, but not all the details were Account money. The recovery of the 4.8 cents in either bill, so the Conference Committee is will be collected in FY 05, and distributed in a critical step. We are going to assume that we’ll FY 06 giving recreational boating safety emerge intact and victorious. another jump in that year to $119 million. They, along with their respective NASBLA On that assumption, we owe a great deal of executive boards, surely must feel some real thanks to several individuals and organizations satisfaction with the final outcome. for their help, especially those who from the
FISCAL YEAR 03 RECEIPTS FISCAL YEAR 04 PROGRAM DISTRIBUTION Motorboat Fuel Tax $220 Million Boating Safety $ 94 Million Fishing Equipment $100 Million Clean Vessel $ 10 Million Electric Sonar $ 2 Million Infrastructure (BIG) $ 10 Million Customs- Import $ 35 Million Outreach $ 10 Million Small Engine Gas $ 70 Million Boat Access $ 41 Million Interest $ 42 Million
NASBLA small craft advisory • may/jun 2004 • page 3 OUT & ABOUT
A Lake Mille Lacs Fish Tale Conservation officers with the state During the search, Speldrich found a fully Scott Snow was arrested for possessing the Department of Natural Resources (DNR) loaded .45 caliber semi-automatic pistol. Did prohibited silencer and for carrying the come across all sorts of fishing gear when plying Snow have a permit to carry the pistol? "No." concealed firearms without a permit. Kevin Minnesota’s waterways. There’s everything Snow and Timothy Harper received a from the latest fish finder to locate a hot spot to Speldrich asked for and was granted consent to summons for possession of a small amount of fluorescent lures to help anglers catch more fish. look inside the black duffle bag sitting in front marijuana and possession of drug paraphernalia. of Snow. But when conservation officers Brent Speldrich Scott Snow recently pled guilty to a gross of McGregor and Bob Mlynar of Aitkin left "Upon opening the bag, I found that it misdemeanor charge of carrying a weapon Lake Mille Lacs last May they had a fish tale contained a 9 mm semi-automatic assault without a permit. He will pay $975 in court that would have shocked the heartiest angler. weapon," Speldrich said. "The chamber was fees, $500 to the DNR Enforcement Resource empty, but the magazine in the weapon Fund and forfeit all firearms and ammo from The officers were approximately two miles west contained 20 rounds of ammunition. The bag the case valued at approximately $1,200. of the Wealthwood public access and also contained a silencer that fit the assault approximately two miles out from shore, weapon. I asked Snow Submitted by Kim Elverum, Boating Law down wind of a watercraft that why he was in Administrator, Minnesota Department of contained three men. Both officers possession of the Natural Resources detected the smell of marijuana. firearms. He The only stated that he Editor’s note: Often in the course of a routine stop, boat in didn’t want to boating law enforcement officers find themselves the area leave them in faced with the unexpected. This magazine feature that was the truck while showcases such encounters. If you know of a upwind from they were routine stop that turned out to be anything but them was the fishing." routine, please share your story with our readers. watercraft with E-mail stories to [email protected] or call Small the three Further search of Craft Advisory Editor Kimberly Hermes at occupants. As the boat provided 859.225.9487 with the details. they approached no other weapons. the boat, Speldrich used night vision to watch the occupants.
"When we were approximately 20 feet from the watercraft, Officer Mlynar turned on the Ohio Boat Dealer spotlight and lit up the boat," Speldrich said. "I observed the front seat occupant quickly place INDICTED ON FELONY COUNTS a silver colored object under a garment on the front seat." Portage Entry Marine and Mary Lou Saliaris of Port Clinton have been After identifying themselves as conservation indicted on more than 24 felony counts for allegedly trying to avoid officers they pulled up along side the anchored paying sales taxes over an 8-year period. craft. Speldrich fixed his attention on the front seat occupant. He asked the man what he had Among the allegations are that the business failed to issue certificates of placed under the garment on the front seat. title, tampered with records and didn’t pay state taxes on boat and The answer was "nothing." Speldrich then asked if he could look at it. "Go ahead." engine sales between 1995 and 2003. The unpaid taxes added up to Speldrich found a silver-colored metal about $211,000; however, with interest and penalties, the business now container with a small amount of marijuana owes about $325,000. inside. Did he have any other drugs? "No." Saliaris also stands accused of forging the signature of a notary who Scott Allen Snow, 37, of Little Falls, had an angling license. A further search of the other used to work for her. two occupants of the watercraft, Kevin Dale Snow, 41, and Timothy Hugh Harper, 47, both During the 8-year period, about 251 boats and engines were purchased of Little Falls, resulted in each also possessing a by 120 people, none of which received proper titles or paid sales tax, small amount of marijuana. according to the Ottawa County Prosecutor. In most law enforcement work this would have been an effective, if minor "pinch." But instinct The prosecutor believes Saliaris did not turn in the manufacturer’s told Speldrich there was more. He asked Scott certificate of origin when selling a boat or engine, and therefore would Snow to consent to a search. He agreed. register the boats without the proper title.
NASBLA small craft advisory • may/jun 2004 • page 4 associate SPOTLIGHT
National Safe Boating Council Boating Safety Instructor Certification Course. "Sidekicks" The foremost coalition for the advancement The purpose of this training is to educate and promotion of safer boating through instructors in NASBLA’s Minimum Standards education and outreach, the National Safe for Boating Education and in effective power Use Interactive CD Boating Council Inc. (NSBC) was organized boating education methods. in September 1958 under the name "National To Teach Boating Safe Boating Committee." Geared toward federal, state, county and city park, or camp instructors, the course focus is to The NSBC presently has a membership of clarify and identify the knowledge and skills The National Safe Boating Council has more than 330 U.S. and Canadian needed to present an effective NASBLA- organizations, all with an interest in boating approved boating safety education curricula to introduced a CD suitable for use at safety and education. Its members include non- entry-level students. profit and commercial organizations, state and local children’s museums, at schools, or local marine enforcement and boating safety For more information about the National agencies, and individuals. Boating Safety Council, visit as part of a video kiosk at boat shows www.safeboatingcouncil.org. Its mission to reduce accidents and enhance the and open houses. boating experience. The National Safe Boating US SAILING Council accomplishes this mission by: US SAILING was originally organized as the North American Yacht Racing Union • Conducting a series of on-going national (NAYRU) on October 30, 1897. The founding Kids Know Boats! teaches children campaigns to promote safe boating. members were the Inter-Lake Yachting • Providing opportunities to work directly Association, New York Racing Association, (and adults) all about boating terms, with national and international leaders in Pacific Inter-Club Yacht Association, Yacht boating education. Racing Association of Long Island Sound, Yacht Racing Association in Massachusetts, proper signaling, why you should wear • Improving the professional development of and the Royal St. Lawrence Yacht Club. boating safety educators. your life jacket, and more. The • Distributing safe boating information. The organization’s original purpose was to • Developing and recognizing outstanding graphics are eye-catching, and children encourage and promote yacht racing and to boating safety programs. unify the racing and rating rules in the United can explore dozens of sites on the • Supporting research initiatives that strengthen States and Canada and throughout the boating education and safety awareness. yachting world. screen. The CD can also be customized The NSBC and NASBLA cooperate on NAYRU unanimously resolved at its January 1975 annual meeting to change its name to the for any organization. numerous boating safety projects and internal committees. The two organizations signed a United States Yacht Racing Union and to formal Memorandum of Agreement in restructure to better fulfill its new role as the national governing body for sailing in the September 1999 to work together in support of United States. This work was completed at the For more information about the recreational boating safety objectives. January 1976 annual meeting with adoption of a revised set of bylaws. Sidekicks program, visit At its October 1991 annual meeting, USYRU www.boatingsidekicks.com/kidsknow/ voted to change its name to the United States Sailing Association Inc. and to do business as knowmain.htm. US SAILING. The new name more adequately described the broader activity of the organization and clarified the administration’s intention to fulfill every aspect of the responsibilities of a national governing body under the auspices of the Amateur Sports Act.
In recent years, US SAILING has created and maintained the definitive national standards for Through its membership, the NSBC has had sailing instruction and continues to develop the opportunity to work with NASBLA on highly successful training programs for young several important national committees and and adult sailors. develop new initiatives to improve overall boating safety across the country. US SAILING has been a member of the National Association of State Boating Law To help NASBLA in its goal to maintain Administrators (NASBLA) for nearly two national education standards and educational decades. methods, the Council regularly holds the
NASBLA small craft advisory • may/jun 2004 • page 5 possible to represent the needs and interests of Subcommittee which recently completed the sailors, as well as provide a conduit for multi-year project of writing five generic information to US SAILING’s membership boating safety tests for use by all 50 states. and leadership regarding NASBLA’s work and activities," said Jo Mogle, Training Committee "The networking that takes place within vice chair of Standards and Credentials. "Good NASBLA has been very helpful and provides a two-way communication is of value to the unique opportunity to exchange ideas and members and goals of both organizations." information with other organizations, businesses and individuals involved in boating US SAILING’s past president (and current education and legislation," said Mogle. "The chair of its Training and Government Relations many and varied insights and opinions of many The sailing organization has recognized the Committees) Jim Muldoon has been a member of these boating experts have been of great mission, goals and work of NASBLA since its of the USCG’s Boating Safety Advisory value. In addition, the presentations and inception. US SAILING joined NASBLA to Council for many years. As such he has been an demonstrations given by the speakers, sponsors further its role in serving and speaking for the important ally of NASBLA, especially with the and vendors at the organization’s meetings have country’s sailing interests and needs as they recent efforts to achieve equitable distribution provided valuable insight and greatly relate to the administration of the various of the Aquatic Resources (Wallop-Breaux) broadened my own base of knowledge of the states’ boating laws and regulations. Trust Fund. various issues across the country related to boating safety, education and law enforcement." Its membership in NASBLA has enabled US Mogle, as a member of NASBLA’s Education SAILING to play an active role in the Committee, has provided insight and guidance For more information about US SAILING, development and furthering of NASBLA’s to the committee on issues of importance to visit www.ussailing.org. sailors. Mogle also served on the Test Writing goals. "By becoming involved, it has been
Initiative Connects Boating Law Administrators with Boating Safety Educators, Advocates By Anthony A. Lorenc, Chief Department of Boating, States Division U. S. Coast Guard Auxiliary
The United States Coast Guard Auxiliary every state has a website containing all the important to note that the recipients will not be (USCGAUX) Public Education (PE) critical boating information. able to send messages back to a BLA.) Department, in partnership with the Auxiliary’s Boating Department, has established an The Auxiliary immediately began seeking a To register in the system, go online to innovative, web-based server notification better way to mass-distribute regulatory and www.cgaux.org. From there click on process to keep all boating safety educators statutory changes, along with any other MEMBERS’ DECK, then DEPARTMENTS. At better informed. Not only does this system information deemed appropriate by the BLA, the listing of departments, click on reach all Auxiliary instructors, it is accessible for to anyone in the Auxiliary. The Auxiliary took E:EDUCATION. At this point click on State all individuals dealing with recreational boating it one step further and decided to find a way to Database Sign Up to register. Just enter your safety and the boating public. distribute information not only to Auxiliary name, address, e-mail address, etc., and select members but to anyone involved in boating those states about which you want to receive This computerized notification system will safety education. updates. help educators stay current with their respective states’ changing boating laws, as well as any A prime concern was that the distribution The usefulness of this initiative depends on the other information that boating law needed to be handled with no cost to the BLAs. involvement of as many individuals as possible. administrators (BLAs) would like to share with Plus, it had to be simple and easy to use. This will make for more informed boating state recreational boating safety advocates. public, improve communications regarding Dr. Richard A. Clinchy III, chief of the specific state boating regulations and allow To disseminate information, all a BLA needs to USCGAUX Department of Education, along BLAs to reach greater numbers of the boating do is to e-mail the information to the Auxiliary with others, devised a plan to fix the public with important messages. computer server. From there, the information communications problem. The solution will be distributed to all registered users. required two tools: a boating law administrator Where are we with this Directions for registering on the Auxiliary server and a server to register recipients of the initiative thus far? website are outlined below. BLA information. Both tools are simple and As of April 2004, the system is operational and easy to use. contains over 2,500 registrations. States have Why is this important? already begun using the system to disseminate At the National Association of State Boating All BLAs need to do is type a message and send information. Law Administrators’ (NASBLA) 2002 it to the list server. For example, a BLA could e- conference, a number of BLAs noted that some mail the message “Important information has The Auxiliary will continue publicizing the of the Auxiliary’s public education been added to our website; please visit our website availability of this resource, using all the presentations were not consistent with current to get the specifics. Please incorporate this into channels at its disposal. Further, the Boating state laws. Furthermore, a discussion ensued your boating classes.” The USCGAUX list server Department’s state liaison officers will visit relative to how the USCGAUX instructors would automatically forward the BLA’s message with every BLA and work with them to ensure received the information in their presentations. to all registered participants. Files may be that the system is used and all registered It became obvious that there was a problem attached to the messages as well. (It is boating safety instructors are notified. with information flow, in spite of the fact that
NASBLA small craft advisory • may/jun 2004 • page 6 Advisory Council Seeks to Increase Life Jacket Wear
An advisory group to the U.S. Coast Guard wants to double • Commends West Marine and BoatU.S. Foundation for the wear rate of personal flotation devices (PFDs) by 2007. testing and recalling faulty emergency position The National Boating Safety Advisory Council (BSAC) met indicating radio beacons (EPIRBs) April 23-27, 2004, in Norfolk, Va. The Council discussed a wide range of other recreational One of the most discussed and debated resolutions dealt boating safety issues, including: with increasing PFD wear. The approved resolution calls on • A definition of "whitewater" the Coast Guard to convene a working panel of interested • Status of the 17-character hull identification number parties – personal flotation device manufacturers, boat • 65 mph top speed agreement between the Coast Guard manufacturers, marine retailers, state law enforcement and PWC manufacturers officials, boating education groups and the media. This • Safe and convenient flare disposal working panel would be tasked with developing a plan to • Coast Guard’s factory visit program initiate industry-wide cooperation in promoting the wear of PFDs while boating. NASBLA President Fred Messmann, boating law administrator (BLA) for Nevada and a BSAC member, The resolution directs the Coast Guard to initiate similar updated the Council on NASBLA work undertaken this year. efforts with specialty boating groups to include hunters, California Boating Law Administrator Ray Tsuneyoshi serves anglers and paddlers. The Council also set a goal and a as chairman of the Council’s Prevention through People timeline for increasing PFD wear. The ultimate goal is 44 Subcommittee, which produced all the recommended percent wear rate through the 2007 boating season. actions regarding mandatory PFD wear and boating safety education. In addition to Messmann and Tsuneyoshi, other A resolution was adopted requiring proof of boating safety BLAs in attendance representing the states were Randy course certification. The Council advised the Coast Guard to Edwards, Iowa; Ed Carter, Tennessee; Bill Engfer, Wisconsin; seek statutory authority that would require a boat operator, and Ted Woolley, Utah (serving until his replacement is on waters subject to the jurisdiction of the United States, to appointed by the Secretary). possess a certificate showing completion of an instructional course or its equivalent, which meets the NASBLA National The National Boating Safety Advisory Council was Boating Education Standards and the elements of the established by the Federal Boat Safety Act of 1971. The law NASBLA Model Act for Mandatory Boating Safety requires the Secretary of Homeland Security and the Education. Commandant of the Coast Guard by delegation to consult with the Council in prescribing Federal regulations and Three subcommittees, made up of Council members, regarding other major boating safety matters. examine issues and present recommendations to the full Council for consideration. In doing this a number of The Council consists of 21 members drawn equally from additional resolutions were adopted by the Council: state officials responsible for boating safety programs (boating law administrators); representatives of the boating • Requests the USCG promote usage of unconditionally industry; and representatives of national recreational approved Type I and Type II PFDs for children weighing boating organizations and the general public. The Secretary less than 50 lbs. In addition, if there is a demonstrated of Homeland Security appoints NBSAC Members. The need for PFDs with Type III performance for children of Director of Operations Policy in Coast Guard Headquarters is less than 50 lbs for special activities, such as water the Council's sponsor. skiing, the resolution requests that they only be conditionally approved. The Council holds two meetings a year, usually in April and • Requests the USCG seek alternative funds and October. Meetings are open to the public, and meeting organizations to address a study of navigation lighting times, location and agenda are published in the Federal on barges. Register. Solicitations for nominations for membership on • Commends National Institute of Occupational Safety the Council are also published in the Federal Register. The and Health and Jane McCammon for their work with Council has consistently provided invaluable advice to the the Coast Guard in identifying carbon monoxide Coast Guard on a broad range of boating safety matters. related boating fatalities and their work in promoting the issue with boating safety groups.
NASBLA small craft advisory • may/jun 2004 • page 7 Expanding Volunteer Program Takes Safety Message to Kids
By Randy Henry, Oregon State Marine Board
The stories begin trickling in each spring, as families go camping or boating or settle in for a The Oregon State Marine Board’s Junior Boater Program made its debut at the Portland Boat Show in 2003 and was repeated with success in 2004. As parents look at quiet day beside the water. In an instant, they the general Marine Board display, their children are fitted with life jackets, taught how to get in and out of an unstable boat, and practice throwing a type IV flotation lose track of a child – and sometimes the results device. Photos courtesy Oregon State Marine Board are tragic. The reality drives many of Oregon’s marine law enforcement officers and Oregon "In Oregon, it’s very much a team effort," says program called ‘April Pools Days’ in the State Marine Board staff to dedicate time to Bill Rydblom, law enforcement administrator Portland Metro Area." youth water safety education. for the State Marine Board. "The Marine Board provides curriculum and Massey and her cadre of volunteers used support materials to inflatable boats, life jackets and various marine officers and activities to teach the basics of boating and encourages them to water safety. "The great thing is that the kids provide an effective are eager to learn but the parents walk away water safety message in with such important information, too." their community. Officers addressed more Junior Boater made its debut at the Portland than 40,000 students Boat Show in 2003 and was repeated with during the 2002-03 success in 2004. As parents look at the general school year." Marine Board display, their children are fitted with life jackets, taught how to get in and out Youth water safety has of an unstable boat, and practice throwing a become an integral part type IV flotation device. To top it off, youth of the Marine Board’s ages eight to 14 ran radio-controlled boats general outreach efforts, through "Lake Oregon," which featured an too. Ashley Massey, the island, dock, rocks, wing dams and other Marine Board’s hazards. The Junior Boater activity center has mandatory boater become one of the most popular youth-focused education coordinator, displays at the boat show. continues to expand the state’s Junior Boater Massey plans to continue developing the Junior Program, using Boater program and expand its availability volunteer instructors to throughout the state. Marine officers and take water and boating volunteer instructors can check out Junior safety activities into local Boater kits for safety fairs in their own local communities. communities.
"The Junior Boater "It’s so rewarding," says Massey. "After one of program is comprised of my Junior Boater courses at a local daycare, a eight fun, hands-on young child approached me with his life jacket activities designed for on and said, ‘Now I know enough to get my kids," said Massey. "We dad to wear one.’ Safety runs in the family. take it into schools, Junior Boater has become an important part of clubs and any other keeping Oregon’s youth — and maybe even venue where we have an their parents — safe around the water." The Junior Boater activity center has become one of the most popular youth-focused displays at the boat show. One opportunity to discuss popular hands-on activity is "Lake Oregon." Here, children ages eight to 14 maneuver radio-controlled boats around an water safety. This spring island, dock, rocks, wing dams and other hazards. we participated in a
NASBLA small craft advisory • may/jun 2004 • page 8 Keeping Kids Safe By Kimberly Hermes
From car seats to bicycle helmets to baby gates, While knowing how to swim greatly decreases Boating Safety. "Children customarily wear parents and guardians take precautions to a child’s risk of drowning, wearing a personal protective gear when rollerblading, protect their children from accidents and flotation device (PFD), or life jacket, cuts the skateboarding and bicycling, and similar injuries. These precautions should not stop at risk virtually to zero. precautions are in order on the water. The life water’s edge. Parents must remain extra jacket rule was created to make sure there is a watchful while boating with their children. State law makers realized this, and by late 1995 life jacket rule in all states." 26 states had enacted statutes requiring Clear Danger: A National Study of Childhood children to wear life jackets while aboard Technological advances have made it possible Drowning and Related Attitudes and Behaviors recreational vessels. By 2001, 40 states and to create personal flotation devices that territories had adopted such statutes. children actually want to wear. Rather than the hot, bulky, uncomfortable offerings available to Coast Guard statistics support the past generations of boaters, today’s life jackets effectiveness of these laws. The look better, feel better and provide increased number of deaths by drowning among protection. children under age 13 decreased from 27 in 1995 to 10 in 2001. In "From a historical perspective, life jackets have addition, the drowning death rate of evolved from a commodity piece of safety children in boating accidents was equipment in the ’50s and ’60s, to a stylized, lower in states with child PFD wear brightly colored piece of safety equipment in regulations than in those without. the ’70s and ’80s, to a customized garment in the ’90s, and finally to a consumer responsive Despite these laws, between 1995 and choice for safety in the new millennium," said 2001, 121 children under the age of Susan Balistreri, president of Balistreri 13 drowned while boating. Most of Consulting Inc. these fatalities could have been prevented if the child had been Parents can choose from a wide variety of wearing a properly fitted life jacket. children’s life vests and jackets, many with colorful cartoon characters or cool graphics in In support of the states’ ongoing attractive colors to make them more appealing. Photo by Tim Smalley, MN Department of Natural Resources Smalley, Photo by Tim efforts to improve boating safety, the Infant life vests are also available, many of U.S. Coast Guard created a rule which feature "heads-up" collars and leg straps (April 2004) states that drowning remains the requiring children to wear life jackets. Effective for full protection. second leading cause of injury-related death Dec. 23, 2002, the rule requires that all among children ages 1 to 14. children under 13 years of age wear Coast Also available for today’s young boaters are Guard-approved life jackets while aboard swimwear flotation devices, such as the Aqua Childhood drownings and near-drownings can recreational vessels under way, except when the Force® suit. Classified as a Type V PFD, Aqua happen in a matter of seconds. They typically children are below decks or in an enclosed Force® is the first children’s swimwear flotation occur when a child is left unattended or during cabin. device to be approved by the Coast Guard. a brief lapse in supervision. This rule affects only those states that have not Swimwear flotation devices serve the dual Drownings among children declined 40 established requirements – by statute or rule – purpose of swimwear and life jacket. Worn like percent from 1987 to 2001, according to the for children to wear life jackets. For those states a swimsuit, the device uses strategically placed national study. U.S. Coast Guard statistics with such requirements, the Coast Guard rule foam blocks to maintain the wearer’s buoyancy show that boating-related drownings among recognizes and adopts the existing state and balance in the water. children have experienced a similar decline. In regulation, even if it is less stringent. 1995, 27 children (ages 0-12) died as a result of With today’s options in personal flotation drowning in boating-related accidents. In "Statistics show that life jackets save lives – but devices, our children should be safer than ever 2002, that number decreased to 13 children. only when they are worn," said Capt. Scott on the water – but only if they wear their life jackets! Evans, chief of the Coast Guard’s Office of WATER SAFETY TIPS: • Children should learn to swim. Enroll them in swimming lessons taught by qualified instructors when they are ready, usually after age 4. If you don’t know how to swim, enroll with your kids! • Adults and kids over age 13 should learn infant and child CPR. • Always wear a U.S. Coast Guard-approved personal safety device around oceans, rivers, lakes or when participating in water sports. • Always swim with a buddy. Swimming alone is very dangerous. • Know how to use rescue equipment and where emergency phone numbers are located.
Source: National Safe Kids Campaign
NASBLA small craft advisory • may/jun 2004 • page 9 Safety Board to Hold Forum on Personal Flotation Devices
The National Transportation Safety Board will Engleman Conners. "A public forum will be an No state requires PFD wear for all occupants. hold a public forum to discuss mandatory wear excellent mechanism to bring together agencies Yet six years of observational studies by the of personal flotation devices (PFDs), or life and organizations to identify solutions that will Coast Guard show that less than five percent of jackets, on recreational boats, NTSB Chairman improve public safety in recreational boating." adults in open boats wear PFDs. Ellen Engleman Conners has announced. The one-day forum will begin at 9:00 am on August Coast Guard statistics show that 750 boaters Issues to be discussed at the forum include: 25, 2004 at the NTSB Academy in Ashburn, Va. died in 2002. Eighty-five percent of those who • the impact of federal and/or state drowned were not wearing PFDs, even though legislation mandating wearing of PFDs The purpose of the forum is to gather all in many cases, PFDs were aboard. These on recreational boats; available data and to promote an open and statistics have been consistent from year to year • various vessels and type of operation that informative discussion of policy issues related and Coast Guard statistics show that should be included in or exempted from to mandatory PFD use. The Safety Board has a approximately 450 lives could be saved each mandatory wear rules; long history of working to improve recreational year if the victims wore PFDs. The Safety • new PFD technology; and boating safety. It has been on the Board’s "Most Board wants to build on this information and • alternatives to mandatory wear rules. Wanted" list of transportation safety other data available to evaluate the safety Registration details for the forum and improvements since its inception in 1990. benefits of mandatory wearing of PFDs on directions to the Academy may be found on the recreational boating. Board’s website at www.ntsb.gov. "The Board has made a solid commitment to advance recreational boating safety by all means Currently, most states require PFD wear for available to our agency," said Chairman children and for personal watercraft operators.
CALL FOR PAPERS ON Mandatory Use of PFDs on Recreational Boats
The National Transportation Safety Board (NTSB) is seeking If you wish to present a paper, please submit it papers that include facts and data relevant to legislating electronically in MS Word format no later than August 2, the mandatory use of personal flotation devices (PFDs) on 2004 to [email protected]. Please include the name of recreational boats. your organization and contact information. You will be notified if your paper is selected. Submitted papers should address some or all of the following questions: PAPER SUBMISSION FORMAT • Suggested length is no more than 10 pages • What would be the impact of federal and/or state • MS Word format is preferable legislation mandating wearing of PFDs on recreational • At the end of the paper, provide personal/business boats? Number of lives saved? Estimated compliance contact information rate? How enforceable would it be, and at what cost • Margins 1 inch left, right, top, bottom to boaters and enforcement agencies? • Paragraph indents and no space between paragraphs • What are the legal implications of such legislation? • Font: Times New Roman, 12 point What relationship would it have with existing • Heading all bold type in the following heading-type mandatory rules (children, PWC, cold water, water format: skiing, etc.)? FIRST • What type or length of vessel, or type of operation, Second should be included in or exempted from mandatory Third wear rules? • Has new technology changed PFD wearability to the Supplemental documentation may be submitted as an point where mandatory wear is practical? attachment. • Are there alternatives to mandatory wear rules? Be specific, including anticipated results supported by data to a reasonable degree of scientific certainty.
NASBLA small craft advisory • may/jun 2004 • page 10 KIDS AND BOATING: An Opportunity to Instill Lifelong Recreational Boating Safety Values
By Wayne Spivak, National Press Corps, United States Coast Guard Auxiliary
t is often said that a young mind is an Starboard, port, forward, aft – these simple Lastly, teaching your child how to use the radio impressionable one. There is great truth to terms are extremely important when describing will help them in school. Public speaking, Ithis saying, as countless academic studies an action in relation to a given boat. whether in front of a small class or on the radio, have proven that a young mind is like a sponge is a learned skill. Unfortunately, it usually isn’t – it will just keep soaking up knowledge. Using proper terminology can be life-saving for taught until college. By teaching your child to both the child and adult because it eliminates use the radio, you’re preparing him or her early While it’s important for these young minds to confusion. for public speaking. soak up knowledge about the "3 R’s" (reading, writing and arithmetic), for those who enjoy the water, or whose parents enjoy the water, Radio Procedures Basic Navigation there is no better time than to instill When I was a kid, we never had a radio in our Nothing could be worse than providing all the recreational boating safety values into those boats. They were just too expensive. But today, aforementioned training, and leaving out basic little adorable sponges. VHF radios of all kinds, sizes and dollar ranges navigation. All children (obviously age- abound. dependent) can be taught to read a chart, and, by using landmarks, to give an approximation PFDs That being said, ever listen to the marine radio of their current location. Some of my earliest memories about boating on a fine summer weekend? No, I’m not talking consist of my father and uncles on small row about the rude adults or those who need some By making boating education a game, you can boats. We’d go out fishing on small lakes radio manners and education. I’m talking instill more safety values in your children. The throughout upstate New York; a couple of oars, about the unsupervised children who get on the benefits will be twofold: Not only will your fishing rods, bait, tackle box, but I really don’t radio because they see it as a cool toy. children be safe on the water but they’ll also remember any life jackets. I do remember gain real-life experience in skills they may not mostly having a single worn-out cushion. Educating our children on the "who, what, be exposed to in school for several years. Whether it floated, or was a flotation device, I where and why" of radio procedures can benefit couldn’t say. recreational boating safety in several ways. First, it gets the kids off the radio. Second, should Safety Equipment Today, even if there weren’t a federal law in your child ever need to use the radio, they will Lastly, and certainly not least, we should teach place, we as adults should be our children about the safety instructing our children on equipment on our boats. The fire the need to wear personal extinguisher, flares, whistles, flotation devices (PFDs). For mirrors, and the radio are all items those of us who do a lot of that should not be foreign to them. boating, think about Remember, even though they are spending a few extra bucks young, they are a member of the and getting a PFD which is crew, and they can be crucial to as comfortable and bulk less observing and avoiding dangerous as possible. situations.
And don’t forget snazzy! Teach your child how a fire Children are style conscious. extinguisher works. Teach them the If you ever walk around ABC’s of fire fighting. Have them docks where there are kids, practice with an extinguisher. You you’re bound to hear may never know when this complaints about wearing experience can come in handy, their PFDs. The old style whether on the boat or in the horseshoe Type II jackets just Photo courtesy Oregon State Marine Board kitchen. don’t cut it with today’s aspiring child stars. However, a sporty Type II or Type III jacket know how, and both the Coast Guard and Teach them about flares, the dangers with psychedelic colors or hearts on them will others who listen to Channel 16 will hear a and the benefits of using them properly. Teach get the kids excited. difference in tone – and quality of information. them how and when to use them and, most of all, that a flare is NOT A TOY. Side stepping Proper use of nautical terminology helps in this this issue is dangerous. Ask any police officer Nautical Terminology area. Using proper terminology and radio about how they’ve taught their children about Here again is an easy way to increase your procedure can be crucial in "trusting" the (not) handling their firearms, and that they are child’s educational quotient while at the same information the child is giving. anything but a toy. time instilling information that can serve to increase the safety of all aboard a boat.
NASBLA small craft advisory • may/jun 2004 • page 11 permitting) but are fully knowledgeable about the operation of both vessel and recreational boating safety.
The U.S. Coast Guard Auxiliary can assist in this process. The volunteer organization has several programs available for children, such as Boating Fun (4-9 year-olds), and Waypoints
Photo courtesy U.S. Army Corps of Engineers (10-12 year-olds). Many of the older children (9 years old and up) take Teach your children about whistles and Children are never too young to learn. It is just Boating Safely with their parents. mirrors, which should be attached to their how we go about teaching them recreational PFDs. Tell them, show them and practice with boating safety that is the difference. Make a For more information, please contact your local them. Teach them not only about using safety game of each lesson. Make it enjoyable. As they Coast Guard Auxiliary Flotilla. You can find equipment but also be sure to cover man- get older, add more and more information, so them by contacting your local Coast Guard overboard drills. by the time they become teenagers, they are not unit or on the web at www.uscgaux.org.
only able to take the boat out (local law
BOATERS WITH CLASS oaters who have taken a boating we panic," said Jan Larsen. "We knew • How to file a float plan Bsafety class dramatically increase what to do, and we owe that • Fueling and boat maintenance their odds of surviving a boating confidence absolutely to the boating • Navigation rules accident. safety class we took." • Navigation lights • Safe boat operation Take the case of Jan and Lorrie Larsen. During the practice drill, they had • Casting off and docking The couple was boating on walked through the entire evacuation • Anchoring Washington’s Puget Sound when they process. Jan Larsen says it was a good • Legal requirements hit a log that knocked a hole in their thing that he had familiarized himself • What to do in emergencies engine room. with the davits. Thanks to their boating safety course, the Larsens also For more information on boating "We had very little time to get off the knew how to send out a distress call. classes, call the Boating Safety boat," Lorrie Larsen said. "As soon as I Courseline at 1.800.336.BOAT (2628) or opened up the hatch and saw the U.S. Coast Guard statistics confirm the the U.S. Coast Guard Infoline at water, I knew." importance of boating education to 1.800.368.5647. The U.S. Coast Guard boaters’ survival. Approximately 80 Auxiliary and the United States Power The Larsens discovered just how percent of all reported fatalities Squadrons® also offer boating safety quickly accidents can happen. But they occurred on boats where the operator classes. Remember, You’re in remained remarkably calm as their had not received boating safety Command. Boat Safely! boat rapidly sank. Only the day before, instruction. they had practiced an emergency – U.S. Coast Guard Office evacuation drill recommended by their Here are just a few of the things of Boating Safety instructor in a boating safety course boaters can learn in a boating class: they’d just completed. "At no time did • Types of boats
NASBLA small craft advisory • may/jun 2004 • page 12 Sea Scouting Teaches Boating Safety While Developing Leadership, Confidence By Kimberly Hermes
Considered by many the best-kept secret in Boy Nearly 7,000 youth participate in Sea Scouting No boating background is required, just a Scouts, the Sea Scout program offers youth a as members of 570 troops, called ships, strong desire to learn and a willingness to chance to have fun and learn at the same time. nationwide. They join the program for various operate as a team. Everything else is taught. reasons, including those who are from Instead of building campfires and identifying traditional scouting programs and those who "The kids run the boats, the older people just animal tracks, these Scouts learn boat handling, are looking for something different. direct you and tell you what to do," said Ryan piloting, navigation, reading weather and even Bray of Campbell, a Sea Scout who has been some nautical knot tying. "Sea Scouts is the largest recreational boater with his ship, the SSS Challenger based in education program for youth," said Jimmie California, for just over a year. In addition, the Sea Scouts, the oldest division of the Boy Homburg, national commodore for the Boy scouts do all of the cooking, as well as routine Scouts of America, was founded in the United Scouts of America. maintenance such as checking the engine, while States in 1912, two years after the on their two-hour watch. But parents need not establishment of the Boy Scouts. It offers both Open to youth ages 14 to 20, the program worry—an adult skipper is aboard and boys and girls an aquatic alternative to the offers participants the chance to learn to sail, everything is under control. outdoor experience. row, set sails, dock and keep a boat in shape; they can cruise local waters or go on long "On the first day, my parents were a little iffy, Like all scout programs, Sea Scouting uses an cruises far from home. They can learn to scuba, but they came and met our skipper and after attractive venue, which boating provides, go camping, take part in social events and that they were very comfortable. They love it, coupled with compelling activities — in this participate in tours, regattas, excursions, and too," says Kyle Northend of San Jose. case, nautical skills — to foster confidence, seamanship contests. They also develop teach management, develop leadership and maritime skills that can lead to careers later on. For more information about the Sea Scout instill character. program, visit www.seascout.org.