Several weeks before the California Air Resources Board (CARB) is expected to rule on controversial harbor craft engine emission regulations, a coalition of associations representing marinas and harbors raise safety concerns associated with untested technology that will be required for commercial passenger boats, specifically sportfishing, whale watching, eco-tourism and dive boats.
CARB’s proposed engine regulations require commercial passenger boat engines to be equipped with new engines and Diesel Particulate Filters (DPFs) which have not been tested on passenger vessels, nor has the technology been certified by the United State Coast Guard which regulates passenger vessels. DPFs found on trucks and farm equipment have been known to create significant heat and severe back pressure on engines, and sometimes catch fire. Boat captains and harbor masters are concerned that blocked exhaust systems may be manageable on land, but not at sea.
“CARB has developed engine emission technology that is untested and not proven to be safe at sea, and perhaps what is most concerning is that CARB has proposed regulations without consulting the United State Coast Guard, the authority on safety-at-sea issues,“ said Eric Endersby, Harbor Director for the City of Morro Bay and a board member of the California Association of Harbor Master and Port Captains. “If a tractor trailer stalls or catches fire, a truck driver can pull to side of the road and call 911. This, however, is not a safe option for passenger vessels in the dynamic offshore environment. A likely scenario for this technology is exhaust systems will clog, and vessels will drift at sea for hours as crews try to fix the problem, or worse, they will have minutes or even seconds to spare as they attempt to regain control of their vessels before foundering on rocks, beaches or attempting to traverse harbor entrances. It is easy to imagine a host of life-threatening circumstances at sea caused by this untested and unproven technology, especially in high winds and seas.”
These concerns were conveyed in a letter (linked here) addressed to CARB and signed by the California Association of Harbor Master and Port Captains, the Marine Recreation Association and the California Yacht Brokers Association.
“It would be irresponsible for the CARB to consider these regulations promulgating use of unproven technology without the collaboration and participation of the United States Coast Guard in order to address the very real safety concerns,” said Endersby.
CARB’s regulations require engines to be modified with technology that has not been developed yet for commercial passenger fishing vessels and in most cases, the modifications will be too massive to fit into existing engine rooms. This led the California State University Maritime Academy to conclude that the proposed standards for existing engines does not exist and in the alternative, “… treatment equipment (modifications) alone significantly impacts the vessel’s stability.”
Given that compliance will be impossible for some, if not most, passenger boats, CARB concluded that vessels constructed of wood and fiberglass will likely be removed from service. Over 80 percent of commercial passenger boats are constructed of wood and fiberglass, requiring boat owners to purchase new metal boats beginning in 2023 or go out of business as extensions expire.
CARB’s regulations have invited bipartisan opposition from State Legislators and a coalition of (29) chambers of commerce and tourism authorities representing coastal communities from San Diego to the Oregon border, over 40 municipalities and state and national associations representing tourism, small businesses, sportfishing and marina operators.
Background
On September 21, 2021, CARB released its Proposed Amendments to the Commercial Harbor Craft Regulation. The public comment period is September 24 – November 15th, and the CARB Board, appointed largely by Governor Gavin Newsom, is expected to rule November 19, 2021. Over 1,600 public comments have been submitted to CARB so far.
California is one of America’s premiere fishing destinations with over a half a million people a year fishing from sportfishing boats, supporting coastal communities, marinas, and small businesses dependent on outdoor tourism for economic activity, jobs, and tax revenue. Prior to the COVID-19 pandemic, California’s over 2 million anglers contributed $5.6 billion a year in economic activity and supported nearly 40,000 jobs for our State.
The Recreational Boating and Fishing Foundation reports that in 2020 fishing participation rates increased to a 12-year high, with growth among nontraditional participants that are younger, more urban, and more diverse, with significant gains among women, African Americans, and Hispanics.
The Sportfishing Association of California (SAC) is a trade organization representing Southern California sportfishing and whale watching boat and landing owners. The Golden State Fishermen’s Association represents commercial passenger fishing vessels and marine recreational anglers in Northern California.