The Regulatory framework

Reshaping the Regulatory Framework

Virgil Chambers

National Safe Boating Council

The Regulatory Framework can be defined as a set of rules and mandates intended to educate and protect the boating public and set requirements for equipment operations.

Regulatory framework for recreational boating and boaters has evolved…

Background/ Federal Government Boating Safety Act of 1971 USCG Boating Safety Detachments

assisted states Other Federal models created such as

numbering system; HINs; etc. Provided federal funding mechanism to

support state level program development and as an incentive for compliance.

State and volunteer programs evolved and matured… Individual state programs were developed,

shared with others, further refined. NASBLA matured to develop model acts

and drive uniform laws and enforcement. Education initiatives evolved from

volunteer efforts to state-driven initiatives for the masses.

Evolution of professionally trained marine law enforcement officers and marine accident investigators.

Personal Observation #1

“We have reached a level that suggests we have picked the low hanging fruit. We have achieved the logical successes, and we have reached a level of professional program management and programming that, while not funded to the level we would all like to see, is sustainable.”

Look at 3 parts of current condition: Please consider impacts on

participation, boaters, enforcement, management, planning and the industry

•Education mandates •PFD Requirements•Numerous other restrictions

Education Mandates Education Requirements in 41 states

and territories Nationwide, boaters support more

than oppose mandatory boater licensing

PFD Requirements Nearly every state has some level of

PFD wearage requirement Significant research:

Canadian Study on PFD wearage (2003) PFD Wear Rate Study (1999)

Other Restrictions

Alcohol

Laws debated, created, and enforced

Other Restrictions

Speed and proximity

Waterways Managed and zoned

Laws created and enforced

Other Restrictions

User Conflicts

Waterways Managed and zoned

Laws created and enforced

Personal Observation #2 “Overall, safety issues are being

successfully addressed through mix of education, enforcement, engineering, and legislation. Boaters overall accept these regulations to address obvious safety concerns.”

Personal Observation #3

“The next levels of regulation may well put issues of quality of experience head to head with safety concerns.”

Discussion Questions• No one can argue that wearing life jackets

will reduce boater fatalities, however how long will it take society in the U.S. to accept this?

What state will be the first to successfully legislate, regulate and enforce a comprehensive life jacket mandatory wear law?

Points to Ponder…. The mandatory boating safety

education debate was hot and heated in the early 1980’s before Maryland led the way with this revolutionary piece of legislation.

Now in 41 states and territories, it is the norm, one way they approach the issue of modifying behavior.

Never say never… In the early 1980’s, a prominent USCG

Admiral attending the National Boating Education Seminar stated that alcohol and boating were inherently joined activities that should not be separated. Many distinguished leaders in boating safety felt the topic of regulating alcohol use while operating was off limits to discussion. It would be inconceivable for those statements to be made today.

Envision in 10-20 years …. It is conceivable to envision required life

jacket wearage for all boaters.

It is conceivable to envision on-water skills operator testing and licensing, required education for non-motorized craft, and accurate speed limit enforcement on waterways.

Bottom line… What is the new target for program

success? How do we measure it? Is it zero deaths? Is it zero accidents? Is it a high quality of experience and zero conflicts?

Will the boating public buy into this measure and support it?

Under what framework will the next series of regulations be built?

Framework… Must establish a level of TRUST &

CREDIBILITY between the public, the professional staffs of agencies, and the political decision-makers....

Framework… Boating leadership must develop and

implement strategies through the art of Consent-Building and other skills to become effective at implementing even the most controversial projects, programs, plans and proposals. Consent building is the art and science of

getting your mission accomplished; especially when that mission is difficult and controversial.

Accomplish this through Partnerships and Strategic Alliances with:

Industry Boating Public Government (all levels) Academic (research) Legislative NGOs Volunteers General Public

Final thought… How do you measure the negative

impact of restricting personal freedom?

This is the tough question which must be addressed as we build the next level of regulatory framework for recreational boating.