Pilot Online - Rigell's Bill Would Add Legal Protection for Boaters

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By Bill Bartel

U.S. Rep. Scott Rigell proposed legislation Wednesday that would protect boaters who report possible criminal or terrorist activity on waterways from being held legally liable if they're wrong and an innocent boater is confronted by law enforcement.

The idea, Rigell said, is to give people on watercraft the same protections against legal repercussions when reporting suspicious behavior that are granted to anyone on land.

"There is no way that a free country ... can hire enough border guards or policemen to thwart every single terrorist attack," Rigell said.

The 2nd District Republican noted that Coast Guard Rear Adm. Paul Zukunft, in charge of marine security for the service, endorsed the proposal as a way to get the public more involved.

Zukunft said during a congressional hearing in July that local residents may be better able to detect suspicious behavior in local waters than a Coast Guard crew whose members may turn over every four years.

"The local knowledge is absolutely critical," he said.

Rigell, who has been a recreational boat owner for several years, acknowledged the bill doesn't stem from a broader study of the liability issue but could remove something that might be "a hindrance to someone bringing forward information to thwart a terrorist act."

"The culture of Washington is obsessed with studies," he said. "I would say this is just a matter of common sense."

Rigell said the bill, called the Suspected Maritime Activities Reporting of Terrorism Immunity Act, doesn't offer blanket immunity but protects those who alert authorities based on "good faith and reasonable suspicion."

Steve Wray, a veteran charter boat captain who owns a bait and tackle shop at the Long Bay Pointe Marina in Virginia Beach, said he doesn't oppose Rigell's idea but wasn't aware there was a liability issue.

"I pretty much know all the toll-free numbers to call," he said, adding that he suspects most boat owners wouldn't be wary of calling authorities.

With the high concentration of military installations in Hampton Roads, the presence of local, state, and federal law enforcement is well known among private boat operators, he said.

Since national security was stepped up after the terrorists attacks on Sept. 11, 2001, sport fishermen are routinely boarded by Coast Guard, Virginia Beach Police and state authorities - sometimes more than once a day, Wray said.

"Nowadays, a terrorist wouldn't have a chance around here," Wray said.

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