Getting a Really Bad Buzz For some paddlers, the term "bad buzz" might seem like an oxymoron. For those used to quiet communes with nature, however, the phrase is cause for complaint. The complaints, brought to the recent attention of the American Canoe Association (ACA) and various government officials, center around encounters with 130-horsepower jet skis, or personal watercraft (PWC), capable of slicing through the water at 80 mph. Paddlers in Maine, Minnesota and Michigan have complained about jet skiers harassing loons and destroying nests; in California paddlers have witnessed jet skiers stampeding sea lions; elsewhere across the country jet skiers have disrupted kayak classes, destroyed wildlife habitat and engaged in other disruptive and dangerous activities. The first federal agency to tackle the problem was the National Park Service (NPS). In September of last year NPS issued a Notice of Proposed Rulemaking that would ban personal watercraft on most NPS-administered waters unless the activity is specifically authorized. The rule is expected to be finalized by early summer. Many NPS units excluded from the national ban have chosen to ban or restrict PWC use. North Carolina's Cape Hatteras National Seashore and Georgia's Chattahoochee National Recreation Area are among the most recent to take action. For the public that visits national parks for their beauty, solitude and wildlife, the NPS action is welcome relief. The prevailing view seems to be, "finally an agency has provided the public some refuge from these Hell's Angels on water." The opponents are PWC users and manufacturers. The National Marine Manufacturers Association (NMMA) and the Personal Watercraft Industry Association (PWIA) have responded to the NPS action with a, "if we can't use it nobody can" approach. The two groups have lobbied Congress to cut off funding to the entire Department of Interior, including the Park Service, Bureau of Land Management, and the U.S. Fish and Wildlife Service. Battles between jet skiers and other user groups extend far beyond national parks. Conflicts have erupted everywhere, including wildlife refuges, public lakes, rivers and coastal areas—practically anywhere there is water. This has prompted state and local governments to respond by adopting better measures to protect the public and the environment. During the past year legislation has been introduced in more than 30 states, from Alaska to Florida, setting restrictions on jet ski use. These lawmakers are responding to more than just an annoyed public; they are also responding to an alarming accident rate. According to data collected from state boating agencies, jet skis account for only 8 percent of registered vehicles on the water, but 40 percent of all "boating" accidents. In a number of states jet skis account for over 50 percent of accidents, including Nebraska, where the rate is 85 percent. Part of the safety problem is inherent in PWC design. Jet skis cannot be steered if the rider lets off the throttle (like driving a car that only steers with the gas pedal depressed). Victims of jet ski accidents and their attorneys see this as an inherent design flaw that could expose the industry to lawsuits. Paddlers often cite "fear for their life" in characterizing jet ski encounters, reports of which are appearing increasingly in the media. In recent months Florida newspapers reported on a Miami woman who was sea kayaking when a jet ski forced her into a sea wall, capsizing her; and on a Boy Scout troop threatened by jet skiers while canoeing on the Oklawaha River. Paddlers are not alone in their dismay. Other recreational water users such as fishermen, wind surfers, swimmers, divers, sailors, and even motor boaters also are reacting to the jet ski problem. In New York two jet skiers were arrested for running down swimmers off Long Island, and in New York and Michigan jet skiers were observed risking injury to divers by buzzing dive buoys. While recreational groups, waterfront property owners and environmental groups are all trying to gain further restrictions, the jet ski industry is waging an increasingly defensive battle to keep their craft on the water. Key to their strategy is making sure jet skis continue to be considered "boats" by regulatory agencies, especially the U.S. Coast Guard. Once agencies start treating them differently it becomes easier to restrict their use. According to Buddy Rake of the Association of Trial Lawyers of America, the jet ski industry lobbied to be classified as boats in order to avoid the jurisdiction of the Consumer Product Safety Commission (CPSC) which was instrumental in banning three-wheeled All Terrain Vehicles (ATVs). He claims that their current classification as boats under Coast Guard jurisdiction is particularly troublesome because "the Coast Guard had to grant manufacturers 10 exemptions beyond normal vessel specifications just to meet the definition of a boat." While the battles over jet skis on the nation's waters is still going at full throttle, there are increasing signs that their advocates are losing ground. Beyond the recent moves of the National Park Service and other agencies, sales are declining. According to the NMMA, in 1995 Americans bought 200,000 jet skis; last year sales slumped to 130,000. That is still a lot of water bikes to contend with, but paddlers can take heart that the crafts' annoying buzz may soon be silenced. —For more information contact the ACA and the Coalition for Responsible Water Recreation at (703) 451-0141, or visit the ACA website at www.aca-paddler.org.
|
