Through successive disturbances, Rodgers et al. found that certain species became increasingly or less tolerant of disturbance. Although there was a small sample size in the experiment comparing canoes to motorboats, the American Anhinga (water turkey) was flushed at equal distances by the different types of boats. The reaction was not a function of noise. Additionally, birds were less sensitive to a tangential approach as opposed to a direct approach, whether by foot or boat. 17 PWC are frequently blamed for the deaths and decreasing populations of loons in the upper United States. However, there has been no comprehensive study on the plight of the loon, or the effect of boating and development on their populations. For instance, Sutcliffe (1979) is cited in one article as reporting a 50% decline in the loon population in New Hampshire from 1929-1979, prior to any PWC use! 18 It is actually the loss of nesting habitat, increased human interaction and increased predation by urban animals such as raccoons that have led to the decrease of the many populations of birds around the country. In terms of mortality, there are very few reports of waterfowl death directly from motorboats, and no studies cite it for personal watercraft. 19 The regulation of one type of craft does not address the overall issue that human development, including these lake associations, created to protect the very wildlife they are harming, is to blame. In fact, one study found loons are disturbed more by human activity on lakes with no boating than on lakes with watercraft. 20 Manatees Manatee injury and death from personal watercraft is non existent. The FL Department of Environmental Protection, Bureau of Protected Species Management reported in a review of over 25 years of manatee mortality records, no PWČ was ever implicated in a death or injury. 21 Seagrasses and Water Quality The only comprehensive test evaluating personal watercraft's impact on seagrasses indicate that personal watercraft use as recommended by the manufacturers does not affect seagrass beds, water turbidity or cause scarring of the grassbeds. 22 PWC ACCIDENT STATISTICS I. PWC Accidents v. Other Vessel-Types Accidents "Comparisons are Misleading because Non-Fatal Vessel Accident Reporting Methods Are Flawed." A. Hours of Operation ("Riding Time") should be a primary factor when comparing PWC accidents with other motorized vessel accidents. The National Transportation Safety Board (NTSB) has indicated that the lack of relevant usage data for recreational boats prevents an accurate conclusion regarding PWC-related accidents. According to the NTSB: 23 Riding time is an important factor in interpreting accident and injury information. To accurately compare PWC accidents to accidents involving other types of recreational boats, it is necessary to qualify the usage time by vessel type. If PWC are used more often than other types of boats, then their exposure time for incurring an accident would be higher. Conventional vessels spend much of their time docked, anchored, or drifting. As a result, they are destination-oriented and are operated from one point to another in a relatively short time. Conversely, PWC are almost always in active operation when on the water because the recreational objective of a PWC user is active touring rather than non-operational water activities such as fishing. Studies have shown that PWC are on the water as much as three times longer than most other types of boats. Additionally, PWC are often "shared” by a number of users during the course of an outing, therefore increasing the average riding time for a single PWC as compared to other types of vessels. B. Non-fatal boating accidents often are not reported. The U.S. Coast Guard, which maintains the national database of boating accidents, estimates that only 10 percent of all boating accidents each year are reported to state agencies. 24 According to the Coast Guard, "The reporting rates of subgroups of accidents, such as those involving personal watercraft probably differ greatly depending upon unspecified variables. 25 In a separate comment, Captain T. Stimatz, Chief, Office of Boating Safety, United States Coast Guard, specifically indicated he believed PWC accidents were significantly more likely to be reported than other boating accidents. According to the 1999 Boating Statistics Report compiled by the Coast Guard, many accidents are not reported because of ignorance of the law and difficulty enforcing the law. 26The Coast Guard believes that only a small fraction of all non-fatal boating accidents each year in the United States are reported. Overall, the more serious the accident, the more frequent the reporting. 27 As the Coast Guard suggests, PWC accidents are probably reported much more often than other boat accidents because, among other things, PWC are rented more than other boats and PWC rental operators report most accidents for insurance and product liability reasons. Also, many PWC accidents involve collisions, which most state laws require be reported. In contrast, people tend not to report accidents when they have fallen in an open boat, injury themselves while starting an outboard motor, or suffer an injury while canoeing or kayaking. C. Since 1997, the number of boating accidents each year has remained consistent, while PWC related accidents have decreased significantly. PWC accidents have been reduced by 17 percent since 1997, while boating accidents across the board have only decreased by 0.19 percent. Over that same time period, PWC-related injuries have been reduced by 11 percent while fatalities have dropped 21 percent. Comparatively, boating accidents as a whole have increased by 1.25 percent and boating fatalities have been lowed by 2.38 percent. II. Current PWC Accident Totals v. Previous Year PWC Accident Totals "PWC critics chose to focus on the "increase" in the total number of accidents. However, a proper perspective on PWC accidents may only be reached by considering the increase in PWC use along side the number of PWC accidents." A. Since 1987, PWC accident, injury and death rates have seen no significant statistical increase. In 1987, 92,756 PWC were in use across the nation. With 376 PWC accidents that year, only 4.05 per 1,000 PWC on the water were involved in an accident. Of those 376 PWC accidents, 156 resulted in injury and 5 were fatalities, resulting in a national injury/death rate of 1.68/0.05 per 1,000. In 1987, 99.6 percent of PWC in use were not involved in an accident of any kind. In 1993, there were 454,545 PWC in use national with 2,236 total accidents for a 4.91 per 1,000-accident ratio. That year, 915 accidents resulted in injury and 35 were fatal. This resulted in a national injury/death rate of 2.01/0.08 per 1,000. In 1993, 99.6 percent of PWC in use were not involved in an accident of any kind. In 1999, there was an estimated 1.1 million PWC in the Untied States. That year, there were 3,374 PWC accidents nationwide, resulting in an accident ratio of only 3.07 per 1,000. With 1,614 injuries and 66 fatalities that year, the national injury/ fatality rate dropped to a low of 1.47/0.06 per 1,000. In 1999, 99.7 percent of PWC in use were not involved in an accident of any kind. B. PWC accident rates are not reported using the same method used to determine other types of transportation accidents. Transportation studies in the airline, train, and bus industries are based on passenger injuries/fatalities per passenger mile and are designed to gauge the level of danger confronted by riders. If PWC statistics were similarly based on “exposure hours," the accident incidence rate would be even lower than the present 0.7%. C. Multiple-passenger PWC have increased in popularity in recent years. Prior to 1987, PWC were designed to carry one person at a time. During the past fifteen years, however, PWC that allow for two, three and four persons to ride together have become the most popular models. This change undoubtedly accounts for at least some of the reported increase in the injury and fatality statistics. III. PWC State Accident Statistics "The most common cause of PWC-related accidents involved operator inexperience, excessive speed, and operator inattention. To address these concerns, PWIA has supported mandatory education for all PWC enthusiasts. To date, 35 states have enacted PWIA-endorsed mandatory education for PWC users in some form. This being the case, in each of these states, PWC accident rates have significantly deceased.' A. Florida, which is the leading state for PWC registrations, has enacted comprehensive PWC-laws in recent years. As a result, PWC registrations have increased by 38 percent since 1995 while PWC accidents have been reduced by 22 percent over that period of time - a 7-year low. Florida's PWC-laws include the following provisions: • Each person operating or riding on a personal watercraft must wear an approved Type I, II, III, or V personal floatation device. Inflatable personal floatation devices are prohibited. • The operator of a personal watercraft must attach the engine cutoff switch lanyard (if equipped by the manufacturer) to his/her person, clothing, or PFD. • Personal watercraft may not be operated from 1/2 hour after sunset to 1/2 hour before sunrise. • Maneuvering a personal watercraft by weaving through congested vessel traffic, jumping the wake of another vessel unreasonably close, or when visibility around the vessel is obstructed, or swerving at the last possible moment to avoid collision is classified as reckless operation of a vessel (a first-degree misdemeanor). • A person must be at least 14 years of age to operate a personal watercraft in this state. • A person must be at least 18 years of age to rent a personal watercraft in this state. . It is unlawful for a person to knowingly allow a person under 14 years of age to operate a personal watercraft (a second-degree misdemeanor). • PWC Liveries must provide on-the-water demonstration and a check ride to evaluate the proficiency of renters. • PWC Liveries must not rent to anyone under the age of 18 years of age. • PWC Liveries must display safety information on the proper operation of a PWC. The information must include: propulsion, steering and stopping characteristics of jet pump vessels, the location and content of warning labels, how to re-board a PWC, the applicability of the Navigational Rules to PWC operation, problems with seeing and being seen by other boaters, reckless operation, and noise, nuisance, and environmental concerns. B. Other states have enacted similar safety and education legislation and have also seen positive results. • The Pennsylvania Fish & Boat Commission recently released its "2000 Pennsylvania Boating Accident Analysis" which shows a dramatic drop in personal watercraft (PWC) accidents and injuries. The annual report lists the number of reported recreational boating accidents for 2000. Officials recorded only 13 PWC accidents in 2000, 23 less than in 1999, and only 11 total injuries for 2000. These dramatic reductions, causing the lowest figures since 1992, occurred while more than 3000 new PWC were registered in the state. The Analysis also reports 2000 was the eighth straight year there were no fatalities on board a PWC. • In Minnesota following the institution of mandatory PWC education, PWC accounted for one-third fewer collisions last year than three years ago. • In Wisconsin with mandatory education, PWC accidents have decreased by 68 percent in the last two years, and • În Virginia, mandatory education helped reduce the number of accidents by almost 40 percent since 1999. • In California, accidents involving PWC have decreased 32 percent since 1998 • In Connecticut, since 1992 when mandatory PWC education went into effect, the state has graduated over 22,000 students. This represents over four graduates for every PWC registered in Connecticut. As a result, while the number of registered PWC has tripled in recent year, the rate of accidents has declined. C. A number of factors must also be considered when comparing PWC accidents among states, including the existence of mandatory PWC education, number of PWC registered in the state, and the length of the boating season. PWC AND WATER MANAGEMENT Millions of people enjoy our nation's waterways, including the National Park System each year. As our waterways become more congested, appropriate management of these waterways is a significant challenge. Water management policy should be based on scientific analysis and fair judgments-not personal opinion and campaigns of misinformation. Improved management, rather than exclusion, prevents the problem of too many boaters in one area, and allows all citizens, instead of only those with bigger and more expensive boats, to enjoy the natural beauty of our waterways. Moreover, bans frequently have a domino effect, restricting boats from more and more waterways until there is nowhere left to cruise. What happens when the thousands of PWC users in the state, anxious to get back on the water, crowd lakes and rivers with larger boats. Will they be banned also in the near future? Instead of managing the water effectively, authorities have discriminated against an entire class of boaters and taken choice away from the American people. It's a slippery slope that can be avoided by reasonable, common sense regulations rather than total restrictions. Mr. Chairman, I appreciate the opportunity to be here today and want to thank the Personal Watercraft Industry Association who made it possible for me to be here today. I want you to know that the National Park Service's personal watercraft policy is based on misinformation and was promulgated without hearing from the people it affects. I just want to let you know that this ban was put into place without input from the people it affects-honest, taxpaying citizens who have a right to be on the water where other motorized boating is allowed. This ban is discriminatory and wrong. Scientific assessments will prove what we PWC boaters know, that we have a right to enjoy our national parks. Just give us a chance. This ban is discriminatory and wrong. My family and I deserve the chance to enjoy the parks along side other motorized boating. My kids deserve to be able to grow up enjoying the Cape Cod National Seashore as I did. Just give us a chance. ENDNOTES 1 Permanent International Association of Navigation Congress Working Group No. 6, Discussion of Personal Watercraft Noise-Related Issues 2 NASBLA Model Act for Motorboat Noise, Adopted 12/11/89, Amended 9/26/91 3 "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare With An Adequate Margin of Safety." EPA 550/9-74-004, U.S. EPA, Washington, DC. 1974 4 Personal Communication, Harry Klemm, Group K Personal Watercraft High Performance Shop, Mohave, Arizona 5 from "The Yamaha Sound Suppression System and the Yamaha Platinum Plus System," Yamaha Watercraft brochure, 1999 " from "Bombardier Announces Quieter Watercraft for 1999," Bombardier press release, 1997 7 from "Kawasaki Marine Engine New Technology for Year 2000 and Beyond," Kawasaki press release, 2000 8 Lahti, Tapio, et al., “Recreation Watercraft Noise and Wave Formation," The Finnish Environment 460, 2001 9 Data from Noise Unlimited Inc. Report No. 8077.1, New Jersey State Police-Marine Division, November 1, 1995 10 Moore, Kirk, "Dockside tests show relative quiet of water jets," Asbury Park Press, April 7, 1996 11 Brown-Buntin Associates, Inc., Environmental Noise Analysis, Sept. 14, 1992 12 "Proposed Regulation for Gasoline Spark-Ignition Marine Engines, Draft Proposal Summary." Mobile Source Control Division, State of California Air Resources Board, June 11, 1998 13 US Environmental Protection Agency (EPA) Marine Engine Emissions Test (1996) 14 Id. 15 Id. 16 Rodgers, James A., Jr. and Stephen T. Schwikert, "Buffer Zone Distances to Protect Foraging and Loafing Waterbirds from Disturbance by Personal Watercraft and Outboard-powered Boats." Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission. 17 Rodgers, James A., Jr., and Henry T. Smith, "Set-Back Distances to Protect Nesting Bird Colonies from Human Disturbance in Florida." Wildlife Research Laboratory, Florida Fame and Fresh Water Fish Commission. 18 Ballestero, Thomas, PhD., P.E., P.H. "Impact of Motor Boat and Personal Watercraft on the Environment: Bibliography." Environmental Research Group, University of New Hampshire. August 1, 1990 19 Id. 20 Id. 21 Letter from David W. Arnold, Chief of the Bureau of Protected Species Management, Florida Department of Environmental Protection, to the Honorable David Weldon. March 16, 1999 22 "Effects of Personal Watercraft Operation on Shallow-Water Seagrass Communities in the Florida Keys," Continental Shelf Associates, 1997 23 National Transportation Safety Board, Personal Watercraft Study, May 19, 1998 at 24 24 USCG BARD, "Use of the Accident Data and Statistics" at 3 25 Id. (emphasis added) 26 U.S. Coast Guard 1999 Boating Statistics Report, at 1 27 Id. The CHAIRMAN. Thank you, sir. STATEMENT OF DAVID WOODSIDE, VICE CHAIRMAN, Mr. WOODSIDE. Mr. Chairman, on behalf of the National Park Hospitality Association, I want to thank you for convening this hearing on visitor access to the national parks and Federal lands. I am David Woodside, vice chairman of the National Park Hospitality Association and president of the Acadia Corporation that operates visitor services in Acadia National Park. The 2001 National Park Service management policies guide states, and I quote, "National parks belong to all Americans. Enjoyment of park resources and values by the people of the United States is part of the fundamental purpose of our parks." The words sound good, but Park Service action certainly are at odds with these policy objectives. In 1993, then-Interior Secretary Babbitt announced a policy shift which emphasized the NPS's role to preserve the park environment, stating that we are loving our parks to death. The Secretary clearly was engaged in a concerted public relations campaign to discourage Americans from going to their national parks. Former NPS director Robert Stanton later said that the Park Service is now a conservation agency with a major focus on protecting and preserving America's natural and cultural resources, not visitor services. When these disruptive access denial practices occur, there is invariably a decline in visitors and revenue to the concessionaires within the impacted parks. This policy toward preservation coupled with a stream of negative national media stories has skewed the public perception of the national parks. During the past decade, park visitation has been routinely discouraged by media accounts highlighting the supposed ravages of tourism to the national parks, with nightmares of congestion, overcrowding, and blighted parks. The public certainly responded to Secretary Babbitt's message. Since 1994, there has been significant visitor decline in some of the nation's major parks, like that experienced in the NPS intermountain region, which has posted a steady decrease in recreational visitation over the past 8 years, especially at Grand Canyon National Park. Overall, national park visitation is flat. Systemwide, the NPS has posted a small increase in visitation of 1.2 percent annually. However, many national parks have actually experienced declines in visitation, some quite significant. Acadia, where I come from, has decreased 8 percent since 1993. Parks like Muir Woods, 43 percent since 1993. Denali, 28 percent. And I provided more details in our written statement. Concession businesses have experienced similar declines as a direct result of a lower number of visitors, in terms of fewer hotel |