As a new boating season gets underway, the top threat to boater access and businesses that depend on the marine industry is the federal government’s proposed speed restrictions along much of the Atlantic coast of the United States. The National Oceanic and Atmospheric Administration put forward the proposed limit, puportedly to protect North Atlantic right whales.

“This year, the number-one issue that’s impacting the industry and is an existential crisis is the NOAA speed rule that’s in the regulation process,” says Callie Hoyt, senior director of federal government relations for the National Marine Manufacturers Association. Matt Gruhn, president of the Marine Retailers Association of the Americas, calls the proposed regulation the “single largest access restriction that we’ve ever seen in our lifetime.”

While the speed limit tops the list of issues, it’s one of a handful that have the attention of organizations that represent boating enthusiasts and marine businesses. These advocates are also striving for more access to the water, upgrades to facilities and improved business practices.

A Seat at the Table

NOAA’s Fisheries division has proposed a speed limit of 10 knots or less for all vessels 65 feet or larger in places designated Seasonal Management Areas that stretch from New England to Florida. Some of the areas extend up to 100 miles offshore. The boating industry has maintained that the speed resctrictions could have catastrophic impacts on access. “It’s not rooted in data or science, and is not at all a balance of conservation and responsible recreation access,” Hoyt says.

Gruhn says that while no boater wants to harm whales, “We feel like the voice of boating was not consulted in this conversation and this overreach with the government. There are solutions that can be explored that are not a speed restriction that goes in some cases 100 miles offshore.”

In late March, a group of marine-industry stakeholders formed the Whale and Vessel Safety Task Force. It intends to identify, develop and implement technology and monitoring tools to mitigate the risk of vessel strikes to marine mammals.

Lauren Gaches, of NOAA Fisheries public affairs, responding to assertions that the boating industry was not consulted, told Soundings Trade Only: “On July 29, 2022, NOAA announced the proposed changes for the vessel speed rule and opened a public comment period through October 31, 2022. NOAA Fisheries is reviewing the public comments provided to the agency and anticipates taking final action on the proposed rule in 2023.”

Explaining how NOAA arrived at the proposed regulation, Gaches wrote: “We use a variety of innovative techniques to study, protect and recover these endangered whales. We engage our partners, including the fishing and shipping industries, as we develop regulations and management plans that foster healthy fisheries and slow down vessel traffic, reduce the risk of entanglements and reduce ocean noise.”

Can’t Get There

If speed regulations can indirectly restrict access to the water, the nation’s infrastructure has a more direct impact. Since the pandemic created a boom in boating, the country’s infrastructure has been stressed to meet the increased demand for water access. “There’s not enough access points,” Hoyt says. “Many boat launches are aging and in poor condition, and they’re prone to rapidly changing water levels.” NMMA says there must be adequate numbers of access points that are resilient to the environment and designed for the future.

The Prepare Act, a carryover from the last Congress, would create a program in the U.S. Small Business Administration so entities like marinas could get loans for pre-disaster mitigation projects.

In the past, NMMA has worked with the National Park and Fish and Wildlife services, but recreation areas run by the U.S. Army Corps of Engineers had more visitors than national parks in 2020, according to Hoyt. NMMA wants the money spent at those locations to support boating. “If you go to an Army Corps lake or reservoir, those funds go directly toward the Treasury,”she says.

And while electrification continues to be a focus of reduced boat emissions, decarbonization is about more than electric propulsion. “When we look at decarbonization, it’s not a one-size-fits-all solution for our industry,” Hoyt says. “Our industry is going to continue selling internal combustion engines for the foreseeable future.”

Boats Aren’t Cars

MRAA says another proposed federal regulation could devastate boat dealers. The Motor Vehicle Dealers Trade Regulation Rule was proposed by the Federal Trade Commission to do away with “unfair and deceptive practices.” The problem is that some selling techniques that are considered negative parts of the car- and truck-purchasing experience are commonplace when a boat is purchased. “It would prohibit same-day add-ons in a sale,” Gruhn says. “And it requires dealers to provide out-the-door pricing.”

An add-on is an accessory, such as a depthfinder, Bimini top or tow-sports tower. One of these is almost always added when a boat transaction is being finalized. Sometimes the add-ons are used as incentives to close the deal, but dealers can’t hide them to raise the price.

Requiring an out-the-door price when a customer calls might work in the high-volume world of car sales, Gruhn says, because car dealers aren’t always looking for a
long-term relationship. In boating, he says, “We don’t have the ability to churn and burn customers. We have to create lifelong customers. We have to focus on the ownership experience throughout the life of the boat.”

Another issue MRAA is battling is loosely known as the “right to repair.” Small, non-affiliated repair shops or private owners are asking for source codes for products such as engines and multifunction displays that have advanced electronic management systems. “Imagine the problems that could be created if a hobbyist gets access to the source codes for his outboard motor and damages the engine and then decides to sell that boat or engine,” Gruhn says. MRAA is working with a coalition of related industries to keep this regulation from gaining traction.

Making Waves

Regulations that would restrict access for wakesurfing and other tow sports are a splashy topic, but the NMMA and MRAA say they’re a local issue. “It’s typically not even a state issue,” Gruhn says. “It’s a local lake and waterway issue.”

In the past six months, proposed legislation has popped up in Maine, New Hampshire, Vermont, Oregon and Minnesota. Primarily, the proposals center around waterfront property owners complaining that wakesurfing is taking place too close to shore. Waves created by boats as large as 25 feet and loaded down with hundreds of gallons of water ballast can toss around private docks and throw wakes up onto lawns and private beaches. “If I’m a user and I’m out on a boat and my stereo is too loud, or if I’m running full wake, that’s my fault,” Gruhn says. “It’s an education issue. If [operators] followed the laws and the laws were enforced, we wouldn’t have these issues.”

Digging Deep

Finally, the 1,100-mile Atlantic Intracoastal Waterway has been improved thanks to advocacy efforts by the Atlantic Intracoastal Waterway Association. Thousands of boaters use the ICW every year. Over time, shoaling and skinny waters in some locations threaten navigation.

Since 2016, an estimated $120 million has gone toward dredging to return the ICW to its original width, and depth has been increased, with numerous projects completed from New Jersey to Florida. “AIWA’s efforts showing the importance of continued commercial and recreational vessel activity along America’s Marine Highway 95 is having an impact,” AIWA executive director Brad Pickel stated in a press release. “But there is still work to do.”

When it comes to advocating for issues that affect boating, there always will be. 

This article was originally published in the May 2023 issue.