Congress Passes Clean Boating Act

Recreational boats will remain exempt from Clean Water Act permitting requirements.

On Tuesday, the U.S. Senate and House of Representatives passed the Clean Boating Act of 2008 (H.R. 5949/S. 2766).

The act– a top legislative priority for more than 60 partners in the Boat Blue Coalition– will permanently restore a long-standing exemption for recreational boats from permitting requirements under the Clean Water Act, which are designed for land-based industrial facilities and oceangoing commercial ships.

While the legislation still needs President George W. Bush’s signature to become law, advocates in the recreational boating industry have already called the act a “historic victory,” crediting grassroots action and bipartisan support in Congress for the success.


“This is a fabulous victory for common sense and it just goes to show what can be done when the boating public, the marine industry, and its representatives in Congress row together in a bipartisan way,” said Nancy Michelman, president of the Boat Owners Association of the United States.

BoatU.S. government affairs director Margaret Podlich noted the tens of thousands of letters and e-mails generated by boaters. She also praised the “boatload of legislators” who did much of the heavy lifting to get this legislation passed.

National Marine Manufacturers Association officials also were grateful for the congressional support. “The Senate and House have acted swiftly, and we appreciate the bipartisan nature of their action to protect the recreational marine industry, the American boating public, and our natural resources,” said Scott Gudes, NMMA vice president of government relations “This is an historic victory for our 1,700 members and for boaters across the nation who just love being out on the water unencumbered by unnecessary government red tape and significant legal jeopardy.


Congressional action was spawned by a U.S. district court decision in September 2006 under which an estimated 17 million recreational boats would have fallen under Clean Water Act permit requirements effective Sept. 30, 2008. The permit would have dictated maintenance and operation procedures and potentially subjected boaters to citizen lawsuits as well as a penalty system designed for industrial polluters.

At the same time it passed the Clean Boating Act, Congress also passed H.R. 6556/S. 3278, legislation to provide a moratorium on permitting for commercial vessel discharges until the U.S. Environmental Protection Agency completes a review of certain incidental discharges.

NMMA says this legislation was the product of extensive negotiations between Sens. Lisa Murkowski, R-Alaska; Barbara Boxer. D-Calif.; Bill Nelson, D-Fla.; and Patty Murray, D-Wash., as well as Reps. James Oberstar, D-Minn.; Gene Taylor, D-Miss. and others.


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