1. Reshaping the Regulatory
Framework
Virgil Chambers
National Safe Boating Council

2. The Regulatory Framework can be defined
as a set of rules and mandates intended to
educate and protect the boating public and
set requirements for equipment operations.

3. Regulatory framework for recreational
boating and boaters has evolved…
 Background/ Federal Government
 Boating Safety Act of 1971
 USCG Boating Safety Detachments
assisted states
 Other Federal models created such as
numbering system; HINs; etc.
 Provided federal funding mechanism to
support state level program
development and as an incentive for
compliance.

4. State and volunteer programs
evolved and matured…
 Individual state programs were
developed, shared with others, further
refined.
 NASBLA matured to develop model acts
and drive uniform laws and enforcement.
 Education initiatives evolved from
volunteer efforts to state-driven initiatives
for the masses.
 Evolution of professionally trained marine
law enforcement officers and marine
accident investigators.

5. Personal Observation #1
“We have reached a level that
suggests we have picked the low
hanging fruit. We have achieved the
logical successes, and we have
reached a level of professional
program management and
programming that, while not funded
to the level we would all like to see,
is sustainable.”

6. Look at 3 parts of current
condition:
 Please consider impacts on
participation, boaters, enforcement,
management, planning and the
industry
•Education mandates
•PFD Requirements
•Numerous other restrictions

7. Education Mandates
 Education Requirements in 41 states
and territories
 Nationwide, boaters support more
than oppose mandatory boater
licensing

8. PFD Requirements
 Nearly every state has some level of
PFD wearage requirement
 Significant research:
 Canadian Study on PFD wearage
(2003)
 PFD Wear Rate Study (1999)

9. Other Restrictions
Alcohol
 Lawsdebated, created, and
enforced

10. Other Restrictions
Speed and proximity
 Waterways Managed and
zoned
 Laws created and enforced

11. Other Restrictions
User Conflicts
 Waterways Managed and
zoned
 Laws created and enforced

12. Personal Observation #2
 “Overall, safety issues are being
successfully addressed through mix
of education, enforcement,
engineering, and legislation. Boaters
overall accept these regulations to
address obvious safety concerns.”

13. Personal Observation #3
 “The next levels of regulation may
well put issues of quality of
experience head to head with safety
concerns.”

14. Discussion Questions
• No one can argue that wearing life jackets
will reduce boater fatalities, however how
long will it take society in the U.S. to
accept this?
 What state will be the first to successfully
legislate, regulate and enforce a
comprehensive life jacket mandatory
wear law?

15. Points to Ponder….
 The mandatory boating safety education
debate was hot and heated in the early
1980’s before Maryland led the way
with this revolutionary piece of
legislation.
 Now in 41 states and territories, it is
the norm, one way they approach the
issue of modifying behavior.

16. Never say never…
 In the early 1980’s, a prominent USCG
Admiral attending the National Boating
Education Seminar stated that alcohol
and boating were inherently joined
activities that should not be separated.
Many distinguished leaders in
boating safety felt the topic of
regulating alcohol use while
operating was off limits to
discussion. It would be inconceivable
for those statements to be made today.

17. Envision in 10-20 years ….
 It is conceivable to envision required life
jacket wearage for all boaters.
 It is conceivable to envision on-water
skills operator testing and licensing,
required education for non-motorized
craft, and accurate speed limit
enforcement on waterways.

18. Bottom line…
 What is the new target for program
success? How do we measure it? Is
it zero deaths? Is it zero accidents?
Is it a high quality of experience and
zero conflicts?
 Will the boating public buy into this
measure and support it?

19.  Under what framework will
the next series of
regulations be built?

20. Framework…
 Mustestablish a level of TRUST &
CREDIBILITY between the public,
the professional staffs of agencies,
and the political decision-makers....

21. Framework…
 Boating leadership must develop and
implement strategies through the art of
Consent-Building and other skills to
become effective at implementing even
the most controversial projects,
programs, plans and proposals.
 Consent building is the art and science of
getting your mission accomplished; especially
when that mission is difficult and
controversial.

22. Accomplish this through Partnerships
and Strategic Alliances with:
 Industry
 Boating Public
 Government (all levels)
 Academic (research)
 Legislative
 NGOs
 Volunteers
 General Public

23. Final thought…
 How do you measure the negative
impact of restricting personal
freedom?
 This is the tough question which must
be addressed as we build the next level
of regulatory framework for
recreational boating.