MMTA Newsletter November 2003
TRADER TOPICS
LEGISLATIVE REPORT
This past summer has seen unusual legislative and executive branch activity concerning the waterways. MMTA participated in protecting the funding and efficacy of the Public Access Board who is responsible for creating and overseeing public access boat ramps. The PAB was nearly level funded and remained within Fish & Wildlife, not moved to the new “Division of Conservation and Recreation”. We also tried to keep Wallop-Breux funds from being co-mingled with the General Fund.
We have been less successful defusing a highly unusual and controversial report from the Inspector General, Gregory Sullivan, criticizing the handling of mooring permits in Harwich. At the present time no consensus had been reached by the town on revising their mooring procedures and there is still on-going local process. MMTA’s concern is that the IG may add another layer of regulations through out the state in addition to the local Harbormaster, State DEP, and Corps of Engineers. The IG is normally an investigator, not a regulator but it appears he does not feel the state should allow private boating facilities to manage moorings in public waterways unless the locality controls a single Town waiting list. Aside from depriving the public of facilities and services boatyards and marinas provide, the IG’s approach would dramatically increase municipal liability and budget exposure. MMTA Members should maintain a good working relationship with their local Harbormasters and contact MMTA if assistance is needed.
Finally, MMTA this summer was successful in conveying concern for a proposal to change the current boat excise tax. While no action has yet been taken on this proposal, the legislative year is still young and the “diners” are hungry for anything that looks like an increased revenue source.
MARINA’S INTERNET
A revolution in the way boaters access the Internet has taken place. Using a standards-based technology called 802.11 (more commonly known as “Wi-Fi” for wireless fidelity, marinas can make wireless connections available to boaters on their boats without the high cost of physically wiring docks.
The FCC limits the power output of Wi-Fi radios which impose two challenges: 1. transmitting a Wi-Fi signal to the large marina area, and 2. simplifying the boaters connections. 1. Can be solved by very effective amplified antennas which will cover line-of-sight distances of as much as one mile. 2. Has several options including wireless bridges with external antennas or having the boat owner mount a 2.4 GHZ antenna.
For more technical data, one contact would be Alex Neihaus, President of Air11 Technology at alex@air11.com or 508-667-1001. (Alex submitted this article which has been edited)
TRAILER DONATION
ShoreLand’r Trailers, in conjunction with Andrew Stone, President of C & E distribution Corp. of Holbrook, donated a 27-foot trailer with tandem axles and dual brakes to NH Community College-Laconia Campus. Shown above is Dan Morrissey, VP at the college, and Andy Stone.
The two-year college has a marine engine technician program where students can earn a one-year Certificate or two-year Associate Degree in Marine Engine Technology. The trailer allows the students to do in-the-water work under actual use conditions.
For more information on the college’s programs, contact Donald Morrissey (603) 524-3207.
BUZZARDS BAY DECLARED CLEAN
About 76% of the Buzzards Bay shoreline, gutted by an oil spill that killed hundreds of birds and shut down the regions’ shellfishing industry six months ago, has been declared clean.
NEW FISHERY MANAGEMENT PLAN
The New England Fishery Management Council has been holding public hearings on Draft Amendment 13, the Northeast Multispecies Fishery Management Plan. The council has developed several options in catch limits, closing dates and area limitations. The plan will have an initial negative impact on the commercial fishermen. However the adjustments are both ecologically necessary and federally mandated.
The reason for the amendment is that the Northeast ground fish bio-mass hit an all time low in 1994. While there has been a substantial growth since that time on the whole, many individual species have seen little to no gain. The Magnuson-Stevens Act was installed to force fisheries, both commercial and recreational work to rebuild stocks back to acceptable levels with in a 10 year period once programs are implemented. There is confusion about what the deadline date is and the council has been forced to forecast for both a 2009 and a 2014 replenishment target.
Amendment 13 will affect both commercial and recreational fishermen alike. However after attending hearings oriented to each of the groups, it became apparent that there is a vast separation between the commercial and recreational interests. While any of the suggested options will drastically reduce commercial fishing catch limits, it is also safe to say that the restrictions may have minimal negative impact on the recreational fishermen.
For the recreation group, NEFMC has drawn up 3 options which vary by size and season limits. The overwhelming response from the public hearing in Portsmouth was preference to Option 3 that allowed 10 cod per person per day with no date restrictions. The size limit would be 22”, a slight variance from present restrictions.
The other issue on the table is permitting recreational fishermen for ground fishing. The general mood of the recreational fishermen is in agreement with permits as long as they are offered at no to low cost, and the ultimate benefit is to obtain more accurate fish counts. Important to note, the permit would be on the boat, not the individual.
It would appear that the MMTA membership would see little impact from Amendment 13 with regards to the recreational fishermen. The suggestions to NMFS offer limited impact on catch limitations and would potentially not cause any reduction in their fishing activity.
Conversely, Amendment 13’s rebuilding strategies will cause an initial net negative dollar impact for the commercial fishing fleet. The council projects that this will turn around for a net positive in approximately 8-10 years. MMTA members whose businesses pertain to commercial fishing should note how Amendment 13 may affect their activity.
Meanwhile the various strategies all are focused to a projected bio-mass target goal by 2009 — 2014 after which fishing could take an ultimate turn for the better.
(Thanks to Gregory Nulk for report)
MRAA FREIGHT PROGRAM
A new Freight Program offered thru MRAA has the potential of saving the dealer hundreds of dollars each year in shipping expenses.
This is being handled thru PartnerShip of Oberlin, Ohio. Discounts are available with FedEX, Yellow Transportation, and Overnite Transportation.
For more information call Bonnie Lessa at 800-588-2902, ext. 2462,; e-mail - blessa@ps500.com.
LOOKING FOR HELP?
In a release from New England Institute of Technology, they advised that they have a very active Career Placement Office headed by Patricia Blakemore (401-467-7744).
Members who are in need of hiring marine technicians, should consider calling the college. Reportedly there always exists a number of current students and experienced graduates looking for employment.
NEW E-MAIL
Ray Gaffey’s e-mail is now: raygaffey@boatma.com
Mary Horan’ s is now: mary@boatma.com
TRAILER RELIEF BILL
Recent government mandates have significantly increased costs for boat trailer manufactures—untimely the boating consumer. Most of the manufacturers are small businesses and would be unduly burdened by this. Since most boats are trailered, additional costs to meet these regulation increases would be passed on to the consumer.
Senate Bill S.1667 would exempt manufacturers of trailers rated at 26,000 pounds or less gross vehicle weight from burdensome early waning reporting (EWR) requirements of the National Highway Traffic Safety Administration.
Please contact your Senators to urge them to support S. 1667.
OCEAN MANAGEMENT
The Mass. Ocean Management Task Force held a meeting on Oct. 17th with representatives of key ocean user groups to develop recommendations on how to manage use and protection of ocean resources in the future.
After a welcome from Secy. Of Environmental Affairs, Ellen Roy Herzfelder, the Task force formed three theme-based working groups—Policy, Data Trends and Needs, and Use Characterization.
Task Force chairman Sue Tierney explained the overall goals were to recommend guiding principles for use of state waters and ocean resources. Ray Gaffey, Exec. Director of MMTA, spoke of the need to simplify the permitting processes for water-related projects.
INSIDE THE DC BELTWAY
(Contributed by Larry Innis—MMTA Washington Lobbyist)
Congress is busy winding up key legislation before a late-Fall adjournment date. The original adjournment of the first week of October will not be made, however, as 13 appropriations bills and several other important issues need to be moved prior to closing up shop.
One of the key pieces of legislation to marine retailers is the passage of the Wallop-Breaux Trust Fund, which provides federal money to fishing and boating programs vital to the industry. Wallop-Breaux is the nation’s most significant source of funding for fishing conservation, boating access, boating safety and boating education and is set to expire on September 30th. In the past week, the Senate passed a 5-month authorization of the TEA-21 (Transportation Equity Act of the 21~ Century), which includes a continuation of the Wallop-Breaux programs at current year levels. The House had earlier passed similar legislation. Congress will look to a full reauthorization when it returns after the Christmas/Hanukkah holiday season hopefully with the increased levels of funding supported by the recreational boating industry.
The pending Energy Bill is another important bill to the boating industry. The House and Senate have passed separate bills and Members of both Houses of Congress are busy trying to work out an acceptable compromise in a conference. Attempts to include CAFE (Corporate Average Fuel Economy) language essentially failed this year, but it will come up again next year. An increase in CAFE would result in a general downsizing in weight and engine size making it impossible to safely tow the size boat now being preferred by boaters.
In July, Congressman Clay Shaw (R-Florida) introduced a bill to recover $110 million per year of federal excise tax paid on gasoline purchases by anglers and boaters. Called the Sportfishing and Boating Equity Act of 2003, the bill would redirect these funds to the Wallop-Breaux Trust Fund for key boating and fishing programs. These tax revenues, amounting to 4.8 cents per gallon, passed in the same tax bill that gave us the Luxury Tax, have been going to the General Treasury for the past 10-years to reduce the deficit.
MA WALLOP-BREUX
These funds from the federal Wallop-Breux Trust Fund, had been swept into Mass. General fund this past summer.
A bill was filed by Rep. Greene, Natural Resources Committee chair, to return these to a designated fund to cure the federally threatened cut-off of them. Jamy Madeja and Ray Gaffey appeared before the Committee on Oct. 16 to support Rep. Greene’s bill.
It is our understanding that the Committee approved the bill for consideration by the legislature. We feel it will pass based on the committee’s recommendation. The Governor has indicated he would sign the bill when presented. A thirty-day window had been given the state to return the funds to a designated one.
INDUSTRY’S LEADERS PANEL
MRAA’s annual convention in Las Vegas starting Nov. 11th, will headline the second Industry Leaders Panel. These will include, Irwin Jacobs, Roch Lambert, Clint Moore, and Tim Fernandez from last year’s panel. New this year are Jack Malone, Jim Lane, John Deputy, and Dave Taylor.
This will be two-hour session on issues such as warranty reimbursement, product quality, customer service, franchising, and dealer agreements. Also a national marketing campaign for recreational boating, return of the model year introduction to post September, and set back of dealer meetings to late summer or early fall. Larry Russo, Sr., Past President of MMTA and Past Chairman of MRAA, will be one of the moderators.
MISSING YACHT BROKER
According to the Newburyport Daily News, the owner of Sea Dog Yacht sales in Salisbury has taken money from the sales of customer’s boats and is now missing.
Salisbury police are looking into the theft allegations. Sea Dog’s web site is no longer active.
NEW LOCATION
Foster Rigging and Yacht Service has moved to the old Young's Boatyard in Scituate Harbor on Edward Foster Road. They will continue with their mobile service but now will be offering winter storage and a full range of service. New phone is 781-545-7003; fax 781-545-7044; e-mail: fosrig@shore.net.
EPA MARINA INITIATIVE
EPA New England is conducting compliance inspections at a number of marinas, and initiating appropriate enforcement actions where violations are documented.
MMTA is working with the EPA on the implementation of environmental assistance for marinas. Some of the challenges include:
Storm Water Management Note: under the National Pollution Discharge system elimination permit program, many marinas are required to have a storm water pollution prevention plan and obtain state or federal permits.
Oil & Fuel Management: Many facilities that provide fuel, are required to have a Spill Prevention Control and Countermeasure Plan.
Waste Management: Hazardous material include paints, cleaners, solvents, oils, and fuels. Most marinas are required to meet certain hazardous waste handling, shipping and storage practices.
MMTA is presently hoping to arrange for an Environmental Training Workshop before the end of the year. A questionnaire will be sent out shortly to determine the best dates and times.
If possible we’d like to combine this with a State Sponsored Industry Training Session on fire protection, electrical safety, tool safety, machine guards, emergency evacuation plans, and personal protection equipment.
MASS. CRAFTSMEN BILL
Rep. Frank Hynes (D-Marshfield) introduced a bill - Docket #4509 - which would exempt from sales tax boats built or “rebuilt” and delivered here in Mass. by Mass. “Craftsmen”.
It is felt this would help our builders and yards combat the sales tax issue when competing with out-of-state yards. Contact Rep Hynes (617-722-2552) for more information.
UNEMPLOYMENT INSURANCE REFORM
The National Federation of Independent Business is urging all small businesses to support UI Reform. The Commerce and Labor Committee is due to release their UI Bill within the next few days.
The issue is whether the bill will include reforms in benefit levels and eligibility standards to give the program long-term financial stability and “limit" the average tax increase on employers.
Contact www.nfib.com/ma for more information.
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