Massachusetts Marine Trades Association: Members Only

LEGISLATIVE REPORT
August 2000

With the conclusion of the Formal Session of the Legislature, we were unable to have our Amendment passed to eliminate the obligation of the Marine Trades to collect the sales tax on boat sales. However, the Amendment remains in the Conference Committee and it is still possible we can effectuate a passage of this section in the informal session ending Dec. 31st. Otherwise we will re-file the Legislation for consideration in the next two years.

Some Grants and Appropriations made in the budget were:

$100,000 grant for coastal water testing to the Coalition for Buzzards Bay.
$300,000 appropriated for the enhancement of the Boston Harbor Islands with a proviso that improvements shall be made to Peddock's and Lovell’s Islands.
$285,000 appropriation for a reimbursement from the Federal Sportfish Restoration program in the marine fisheries fund.
Not more than $100,000 shall be provided to Mass. Marine Academy for Marine Trades training and work program.
$893,382 appropriation pursuant to the purpose of a Federally funded grant entitled “Safe Boating Program”.

In a set-back to our interpretation of the Chapter 91 licensing program for pier construction, the Supreme Judicial Court upheld a lower court’s ruling denying a permit to erect a pier on the Eel River in Barnstable. This had been denied by the local conservation commission and appealed.

The SJC, in its extensive analysis, reasons that the Chapter 91 legislation does not specifically prevent a local municipal licensing organization from denying or granting licenses. However, it also declared that a portion of the Barnstable Conservation Commission Bylaws are invalid, because these Bylaws purported to grant the Commission authority to act on behalf of the public trust.

Our concern is that this Decision will provide a field day for local Commissions to deny Chapter 91 Permits. The statute does allow municipalities to provide advice to the DEP. The argument for this case was that the DEP could grant or deny licenses with local authorities acting only in an advisory capacity. The Court stated that none of the Chapter 91 language suggests that the Legislature intended to preclude local regulation of pier construction.

John Spillane, MMTA’s Legislative Counsel and Lobbyist, feels quite strongly that we should file legislation to absolutely make Chapter 91 the controlling authority for issuances of licenses for piers and floats.

This will be discussed at the next Board of Director’s meeting.