News

FOR IMMEDIATE RELEASE

January 30, 2002

State Senate Committee Refuses to Allow Opposition Testimony on SB 146

Contact:
Elinore Boeke: 202-721-1621
Brian Berry: 202-777-3524
Clark Corson: 603-750-0494

ONCORD, NH—The New Hampshire state Senate Wildlife and Recreation Committee yesterday held a hearing, ostensibly to discuss SB 146, but in the end only the lobbyist for the New Hampshire Lakes Association-the group that drafted the bill as well as a new amendment, an amendment made public just minutes before the hearing was convened-was given the opportunity to advocate for the bill. Bill opponents were denied their request to make a statement or submit testimony for the record.

Bill proponents claim that the amendments were drawn in an effort to satisfy the personal watercraft industry, yet there was no attempt to solicit personal watercraft manufacturer, dealer, or user input when the amendments were drafted.

"The Lakes Association brought more than 30 members to the hearing, sporting stickers and waving signs," reported Christian Gullott, PWIA Manager of State and Local Government Affairs, "Yet according to the committee chairman, this was technically not a 'public hearing,' all evidence to the contrary. This event had all the markers of a public hearing, except equal opportunity to speak on the issue."

SB 146 would allow a handful of waterfront property owners to prohibit New Hampshire residents from enjoying personal watercraft on public lakes, in spite of the fact that they pay the same taxes and must comply with the same laws as any other motorized boater.

"Proponents of this legislation claim that it is little more than a clarification of the definition of 'ski craft,'" said Gullott, "but the fact is that the goal of these groups is to effect a backdoor ban on these boats."

Since 1988, thousands of New Hampshire families purchased three and four seat personal watercraft with the understanding that they may enjoy their vessel wherever motorized boating is allowed. SB 146 would allow localities to enact a discriminatory ban on one type of motorboat with just 10 or 25 signatures on a petition-a virtual confiscation of personal property without due process.

The Coast Guard reports that 7,350 personal watercraft were registered in New Hampshire in 2000. "Is the state prepared to compensate these families who will be unable to use their vessels?" asks Gullott.

Gullott is concerned that this hearing was a harbinger of things to come. "If they resort to stacking the deck in order to keep the opposition out of the legislative process, how can these same people be trusted to create a fair and objective hearing process?"

New Hampshire businesses sold approximately $16.4 million worth of personal watercraft from 1999-2001. Tourism and other businesses also reap benefits from in-state and out-of-state personal watercraft families who enjoy New Hampshire lakes, as they spend money on food, hotels, fuel and other recreational necessities.

Today's personal watercraft are among the most environmentally-friendly, efficient, and quiet family boats on the water. Criticism of personal watercraft focuses on stale data, ignoring recent technological advances and initiatives to promote safe and responsible use of these vessels. There is no scientific basis for singling out personal watercraft for outright bans.

Irresponsible boating behavior is illegal and makers of personal watercraft support reasonable regulations, strict enforcement of navigation and safety laws, and mandatory boating education.

The Senate can stop this unfair legislation in a vote expected on Thursday, January 31, 2002. Senators should not limit the wide variety of recreational choices available in New Hampshire. Through mandatory education, reasonable regulations and law enforcement, everyone can safely enjoy spending time on New Hampshire's lakes, rivers and coastline.

The testimony that Christian Gullott of the Personal Watercraft Industry Association tried to deliver on Tuesday, January 29, 2002 is attached.

More information about personal watercraft is available at www.pwia.org.

SB 146 - Testimony for Delivery - January 29, 2002
Christian Gullott, State and Local Government Affairs Manager
Personal Watercraft Industry Association

I would like to thank this honorable panel for the opportunity to address you today.

The Personal Watercraft Industry Association (PWIA) believes that Senate Bill 146 is the wrong public policy for New Hampshire. Proponents of this legislation claim that this bill is little more than a clarification of the definition of "ski craft," but the fact is that the effects of this legislation will have broader reaching consequences than a simple definition change.

Since 1988, thousands of New Hampshire families have purchased three and four seat personal watercraft with the understanding that they would be able to enjoy their vessels wherever motorized boating is allowed. This legislation would enable localities to enact discriminatory bans on these types of motorboats with just a handful of signatures on a petition. What happens to the New Hampshire families who have invested thousands to purchase these motorboats if they will be increasingly disallowed to use them?

If this legislation is the right approach, then why are its provisions narrowly applied to personal watercraft? Shouldn't they then be equally applied to other recreational activities that these same waterfront residents might also find "inappropriate," such as water skiing, fishing, yachting, scuba diving, sailing, or kayaking? In nearly every case throughout the state, when a petition has been offered, a ban has been adopted. Will it really matter how many people sign a petition, if the notice of the hearing isn't well promoted, or if the body considering the petition isn't completely neutral and objective?

How will the resulting increase in bans from Senate Bill 146 affect the small businessmen and women throughout the state whose livelihoods partly rely on the sale and servicing of these vessels? Not only will the mere threat of bans have a chilling effect on personal watercraft purchases in the state, but a significant portion of the State's tourism dollars will disappear right along with the boating families who would have otherwise come to New Hampshire to enjoy the state's waterways.

During Fiscal Year 2000, New Hampshire received over $580,000 dollars in Wallop/Breaux funding from an 18.3 cent federal tax on marine fuel purchases in the state; these funds earmarked for Boating Safety programs alone. During Fiscal Year 2001, New Hampshire received over $2.4 million dollars in Wallop/Breaux funding for federal aid to Fish Restoration efforts. These funds are particularly important to the state's fishermen and sportsman whose restoration programs depend largely on revenues from motorboats, such as personal watercraft and other small marine engines used throughout the State.

Taxes from personal watercraft fuel purchases make up almost 10% of the state's Wallop/Breaux funds. In these tough economic times, how will New Hampshire recoup the loss of these vital funds, which go to these worthwhile programs?

Safe and responsible use of our natural resources is a priority for the personal watercraft industry, which has gone to great lengths to ensure that personal watercraft are clean, quiet and safe. With a commitment to creating cleaner, quieter, and safer vessels, personal watercraft manufacturers have made enormous advances in emissions and sound technologies that have made today's personal watercraft 75 percent cleaner and 70 percent quieter than those manufactured in 1998.

The industry also advocates minimum age requirements, mandatory boating education, mandatory use of Personal Flotation Devices (PFD), and shoreline sound reduction. In its wisdom, the New Hampshire General Court recently enacted mandatory boater education legislation, it is important to give these measures time to take effect.

I am wearing a button today which reads "Personal Watercraft - Educate, Enforce, Regulate, don't Discriminate." We believe this motto encapsulates how best to address recreational use of the State's public waterways. We believe that fostering a propensity to ban particular types of boats is not an effective management tool, it is merely a form of selective discrimination.

Through mandatory education, reasonable regulation, and law enforcement, everyone will be able to safety enjoy New Hampshire's lakes rivers and coastlines. Please vote NO on Senate Bill 146. Thank you very much for your time and consideration.