PWC National Scene

Around the country proposed legislation initiatives have been popping up concerning Personal Watercraft (PWC) uses.  At least 25 states around the country have been seeing a rise in the activity of their legislators sponsoring laws to limit operation of PWC in coastal and inland water bodies.  In New Jersey there are currently three pieces of legislation that are focused on PWC, specifically: NJ A653, sponsored by, Vandervalk which would limit operation of PWC in coastal wetlands; and SB 743, sponsored by, Schulter, that would establish a 13-member council to study the use of powerboats, particularly PWC, on the Delaware River; Senator Connors sponsors NJ S 556 that would permit municipalities to restrict operation of PWC on public waters under certain circumstances.

When the NJ Legislators reconvene this fall, the 9th District legislators (Connors, Connors, and Moran) will introduce companion bills that would prohi8bit jet powered skis, jet boats, air boats, hydroplanes and pontoon boats from operating across tidal waters of less than 24 inches deep.   This legislation would also require that NJ Boat Commission and the NJ Department of Environmental protection map environmentally sensitive tidal waters, shellfish beds and submerged aquatic vegetation beds and restrict speed, wake and uses in these areas.   Under the bill, the fines could range up to $5000 and persons convicted of damaging wetlands or marsh areas may be required to reimburse the NJDEP.  The bill would authorize the NJ State Police, local police and NJDEP officials to enforce the law. 

Within the last month the National Park Service instituted a ban on the crafts within the Park system boundaries, for all National Parks.  Just last week, Washington Supreme Court upheld a contested 1996 ordinance outlawing personal watercraft in San Juan County.  Washington (San Juan Islands archipelago).
It only takes one successful case to restrict, limit or ban the PWC for other states or local governing bodies to follow suit.  San Juan based its decision on safety and environmental concerns specifically for protection of the region's Orca whales.  This could be the "big opener" for other local bans.

A National Transportation Safety Board survey released in May indicated that half off all boating accidents involve a personal watercraft.  This is attributed to improper safety instruction. In the face of this national outcry against the misuses and abuses of these crafts, New Jersey is in the forefront.  The NJDEP is currently working to create a statewide coalition to initiate a plan for the appropriate uses of these craft.  It is anticipated that the Barnegat Bay will be the lead example in the state.  The BBWA will be participating in this effort, along with many other concerned local state organizations

In Maine the legislature has approved a modified version of the Great Ponds Task Force proposal to allow local residents to petition their county commissioners to ban PWC.  On the flip side, the Personal Watercraft Industry Association (PWIA) is planning similar sessions to educate PWC owners on their rights and how to prevent bans.

Michigan is seeking to pass legislation that would place hours of day use restrictions (9 a.m. to one hour before sunset) and increase the no-wake zones for PWC only.  The PWC advocates are fighting for fair and equal treatment for all boaters.   Four North Carolina towns passed bills with the same no-wake zone increase specifically for PWC.

Minnesota put new limits on the hours personal watercraft may operate: from 9:30 A..M. until an hour before sunset.

Florida has barred personal watercraft from operating at high speeds within 1,200 feet of a dozen beaches and resort areas along a 90-mile stretch between Key Largo and Key West in Monroe County.

California State Air Resources Board proposed the USA's toughest environmental regulations for personal watercraft and other two-cycle outboard motors.   Lake Tahoe's own ban on two-cycle outboards is to take effect this year.

Illinois passed legislation that defines and prohibits reckless PWC operation including wake jumping within 100 feet of other boats.

South Carolina (HB4857-Askins) legislation indicates that PWC may not be operated on any portion of the Lynches River that has been designated as a scenic river.  Two compatible pieces of legislation would include a point system for   watercraft violations.

Utah passed a bill against nighttime driving of PWC and disallowed violations of the state's minimum age requirements.

Virginia increased the minimum age from 14 years to 16 years.

The biggest hurdle in restricting uses of PWC is the issue of equal rights. The Personal Watercraft Industry Association (PWIA) introduced model legislation for states to use.  It includes mandatory education for all PWC operators, life jacket use and prohibition against wake jumping.  It also would require a minimum age of 16 for all users.  Scientists are investigating the effects of these craft and to outline restricted areas for PWC.  If the scientists tell us that the use of a specific engine in and around a certain habitat caused environmental degradation, or is a safety hazard, then the policies can reflect those findings and alternative uses can be implemented.

Safety is another theme that runs throughout the legislative initiatives around the country.  During this summer, a child in Ocean County was killed by the misuse of a PWC on Cedar Creek.  This was a terrible crisis for the family and community to bear.   The Barnegat Light Division of the Coast Guard recently received two PWC accident reports within a ten minute time frame, one near Tices Shoal and the other by the Toms River Yacht Club.

As indicated in our articles following up our PWC Conflict seminar from May 18, 1998, Education and Enforcement are needed for the users of PWC.  The NJDEP will be spearheading an initiative to provide a statewide plan for the best management of these crafts.  A Rutgers Cooperative Extension of Ocean County intern will be presenting the "white paper" from the BBWA seminar and other research at the end of the summer.  This will be used as the base for the state plan initiative.  For more information on what the PWC advocates are doing and to follow the national legislative scene, check out the "Personal Watercraft Zone" web page at: