Rep. Israel Announces Legislation to Bolster Safety of Boaters

Press Release

Today, Congressman Steve Israel (D-Huntington) announced that he will introduce new legislation that would help ensure the safety of boaters. The BOATS (Boating Occupancy and Teaching Safety) Act would provide grants for localities, non-profits, and for profit companies to offer boating safety classes directly to the public and also mandate the display of capacity limits for new boats that are less than 45 feet in length. This legislation comes following consultation with stakeholders in the boating community in the aftermath of the 2012 tragedy in which three Long Island children were killed when the boat they were on capsized in Oyster Bay after July 4th fireworks.

Rep. Israel said, "Long Island and Queens are home to some of the best public waters in the country, but, tragically, we've seen how dangerous these waters can be. We need to be doing everything we can to keep boaters as safe as possible, which is why I plan to introduce common-sense legislation to provide grants for boating safety classes and provide boat owners and passengers with more information on the boat's capacity."

Lisa Gaines, who lost her daughter Victoria Gaines in the July 4, 2012 boating accident in Oyster Bay said, "The implementation of Boating Laws, required education, capacity plate mandates, BWI prosecution, increased water security, rescue & emergency equipment are beyond common sense and necessary. How many more innocent lives must be lost before the necessary and overdue steps are taken to keep boating as a safe recreational experience for all? In loving memory of all those we have lost, we will keep up the fight for change. I, along with my family and friends, thank Congressman Israel for stepping forth and taking the lead on these two urgent issues."

Frank Petrone, the Huntington Town Supervisor, said, "This legislation that Rep. Israel is introducing will address two elements of increasing boater safety by providing a financial incentive for additional education programs and by reducing the guesswork in determining whether a pleasure craft is overloaded. I look forward to continuing to work with Rep. Israel on future boating safety measures."

Douglas Watson, the Mayor of Bayville, who hosted a Boating Safety Roundtable with the Congressman on August 13th of 2013, said, "There is a very big difference between real boaters and people who happen to have boats. Real boaters respect the responsibility and recognize the value of safety education. Congressman Israel is correct in seeking to expand and find programs that further the reach of educating all boaters, but especially those new to the water."

Harry Acker, Former Director of Maritime Services for the Town of Huntington, said "The capacity plate regulation will allow boaters to understand how many people and additional weight a vessel can support and where the weight can be safely dispersed. It will help law enforcement to clearly identify if a boat is over loaded and will greatly help reduce the risk of vessels capsizing."

Jackie Martin, Commodore of the Greater Huntington Council of Yacht and Boating Clubs, said "Since his tenure on the Huntington town board as a councilman, Congressman Israel has always been a champion of the best interests of the boating community and the Greater Huntington Council of Yacht and Boating Clubs. Our organization is pleased to have had input on both of these pieces of impactful legislation. The funding for boating safety education compliments the mission statement of the Boating Council and further reinforces the new New York State Safe Boating Law. The capacity plate legislation will remove the ambiguity of the amount of passages and load which vessels between 20 and 45 feet can handle. We are grateful to Congressman Israel for his initiative regarding the safety awareness of boaters not just on Long Island but throughout the country."

Norman McCloy, a retired Police Officer and New York State Boating Safety Instructor, said "Having been a police officer for over 40 years on Long Island, over half of which in marine law enforcement and rescue, I have seen the tragedies first hand from boating mishaps. It is easy for anyone to realize that better boating education will substantially reduce marine casualties in the boating public. It is great that Congressman Israel has stepped up to the plate in addressing this boater safety education issue across the nation. Hopefully with his 'Boater Safety Education Act' most boaters will avail themselves to the education being made available and become safer and more knowledgeable boaters across the nation."

Jon Ten Haagen, Executive Officer and Liaison of the Greater Huntington Council of Yacht and Boating Clubs, said "Boating is a privilege -- NOT a given right. Every boat owner and operator owes it to everybody in our waters to be knowledgeable and responsible. I have worked alongside Congressman Israel on waterfront issues for many years and I applaud him for his dedication and continuous efforts to keep our beautiful waterways clean, fun and safe. We should all join Steve and take ownership of our beautiful Long Island Sound. After all, it is the only one we have!"

Larry Weiss, New York State Legislative Liaison for the United States Power Squadrons, said, "With nearly 40,000 members, United States Power Squadrons is America's largest non-profit boating organization and has been honored by three US presidents for its civic contributions. Celebrating our 100th anniversary this year, United States Power Squadrons is dedicated to making boating safer and more enjoyable through boater education. USPS is the country's primary resource for not only basic safe boating classes but also continuing recreational boater education including comprehensive courses in seamanship, piloting, navigation, electronics, mechanics, weather and many more -- all offered in a friendly, non-profit community environment. Operating a recreational boat is far more complex and potentially more dangerous than driving a car, and there are many important elements involved in safe recreation boating. However none are more important than "The 3-C's": Caution, Courtesy and Common Sense. We recognize that "The 3-C's" cannot be legislated. However they can be instilled through public awareness and thorough boater education. As such, United States Power Squadrons applauds measures that can help recreational boaters obtain and further their education and skills, and we are grateful to Congressman Israel for the efforts he is undertaking."

The BOATS Act would provide grants for localities, non-profits, and for profit companies to provide boating safety classes directly to the public. These grants would be awarded by the state from federal funding provided to each state for the Recreational Boating Safety (RBS) program. The RBS program gets funding through the Sport Fishing and Recreational Boating Safety Trust Fund, which is funded through marine fuel taxes, as well as fees on certain pieces of fishing equipment.

Each state would be directed to spend at least 5% of what they receive from the federal government for the RBS program directly on grants for boating safety classes. Those who receive the grants through this program would not be able to directly profit from it, meaning the money from the grant must be put entirely towards the classes.

In FY2013 New York State received $2,499,805 dollars through the RBS program, which would mean that, under this legislation, the state would have to spend at least $124,990 on grants to support local boating safety classes.

The legislation would also require boat manufacturers to begin establishing maximum passenger capacity for recreation boats shorter than 45 feet. As of January 2016, it would also require boat manufacturers to install a "capacity plate" on each boat shorter than 45 feet, listing the maximum number of passengers and maximum gross weight. Currently, there are no federal boating regulations requiring a capacity limit for vessels 20 feet and longer.

U.S. Coast Guard accident statistics show that capsizing and falls overboard, due to improperly loaded or overloaded boats, are the most reported types of fatal accidents and account for over half of all boating fatalities.

The BOATS Acts were inspired by a tragedy that occurred in Oyster Bay on July 4, 2012. Three children, 7-year-old Victoria Gaines, 11-year-old Harlie Treanor, and 12-year-old David Aureliano, died after their boat capsized as they headed back to shore after watching the July 4th fireworks. There were 27 people onboard the 34-foot boat. Last summer, in the wake of this tragedy, Rep. Israel convened a boating safety roundtable to discuss ideas on how to make our waters safer. The legislation was based on many of these ideas.

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