Safe Boating: National Trends, Mandatory Education, and the Prevention of Boating Under the Influence

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Safe Boating: National Trends, Mandatory Education, and the Prevention of Boating Under the Influence September 3 rd, 2014

Meeting Orientation Slide If you are having any technical problems joining the webinar please contact the Adobe Connect hotline at 1-800-416-7640 or email csninfo@edc.org Type any additional questions or comments into the Q&A box on the left. www.childrenssafetynetwork.org 2

Presenters Pam Dillon Education director National Association of State Boating Law Administrators (NASBLA) www.childrenssafetynetwork.org 3

Safe Boating: National Trends, Mandatory Education and Prevention of Boating Under the Influence Pamela Dillon, Education Director National Association of State Boating Law Administrators

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45 40 35 30 25 20 15 10 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 5 2013 Record Low 560 Deaths 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

45 40 35 30 25 20 15 10 5 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

45 40 35 30 25 20 15 10 5 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

45 40 35 30 25 20 15 10 5 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

45 40 35 30 25 20 15 10 5 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

Registered Vessels and Deaths 1962-2013 Registered Vessels 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 Federal Boat Safety Act of 1971 Registration Linear Est Deaths Annual Deaths Almost 54,000 lives saved since FBSA of 1971 enacted. 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 3500 3000 2500 2000 1500 1000 500 0 Deaths

Registered Vessels and Deaths 1962-2013 Registered Vessels 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 Federal Boat Safety Act of 1971 Registration Linear Est Deaths Annual Deaths Almost 54,000 lives saved since FBSA of 1971 enacted. 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 3500 3000 2500 2000 1500 1000 500 0 Deaths

45 40 35 30 25 20 15 10 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 5 2013 Record Low 560 Deaths 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

45 40 35 30 25 20 15 10 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 5 2013 Record Low 560 Deaths 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

OperationDryWater.org

45 40 35 30 25 20 15 10 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 5 2013 Record Low 560 Deaths 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

NASBLA Model Acts for Education:

States Requiring Motorboat Operator or PWC Proof of Certification Phased in by 1/1/2016 VT 1/1/74 In effect 5/1/2014 AS In Effect 11/10/2012, Enforced 2014 GU CNMI 1/1/83 Ed Req PWCs Only; for Certain Ages Only; or Rentals Only Education Req Certain Ages Only (Usually preteens &/or teens &/or young adults only) Education Req Birthday-based 1/1/89 12/31/85 9/1/93 1/1/84 Short-Term Phase-In & May Require Operator s License 1/1/89 1/1/86 1/1/84 6/30/80 7/1/96 1/1/89 1/1/82 12/31/86 1/1/98 1/1/82 5/1/96 7/1/72 VI DE 1/1/78 RI 1/1/86 PR DC Phased in by 7/1/2016 1/1/88 7/1/72 No Boating Education Requirements Note that each state has unique requirements that may impact different age operators. Some states have additional requirements for PWC or nonmotorized operation which may not be reflected in this illustration. As of October 18, 2013

State Education Standards (since 1999) * NASBLA-103-2015 Basic Boating Knowledge Power * Approved and authorized for publication. * Effective for courses approved in 2015.

Snapshot Current Status 2014

45 40 35 30 25 20 15 10 Federal Boating Act of 1958 ABYC voluntary manufacturing standards Fatalities/100,000 Boats Federal Boat Safety Act of 1971 enacted Federal mandatory manufacturing standards Aquatic Resources Trust Fund created 1984 1958, 1971 & 1984 Acts led to significant enhancements of state boating laws and enforcement Drunk boating laws and enforcement enhanced States begin enacting education mandates Wearable life jackets required on smaller boats 5 2013 Record Low 560 Deaths 0 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010

SafeBoatingCampaign.com

560 Goal: 0

Contact: pam@nasbla.org National Association of State Boating Law Administrators www.nasbla.org 859.225.9487

Presenters Brian Kempf Senior Marine Service Representative New York State (NYS) Office of Parks and Recreation and Historic Preservation www.childrenssafetynetwork.org 26

NEW YORK STATE BOATING EDUCATION REQUIREMENTS Brian Kempf, BLA State of New York

New York boater education requirement established in 1959 for youths PWC operators phased in from 1999 to 2004 All boat operators born after May 1, 1996 28

Anyone born on or after May 1, 1996. (Eff 5/1/14) Youths less than 18 years of age may operate a motor boat without a certificate when accompanied by an adult 18 years of age or older who is either: A holder of a boating safety certificate Born before May 1, 1996 Adults 18 years of age or older, who are required to hold a certificate, may operate a motor boat without a certificate when accompanied by someone 18 years of age or older who is the holder of a certificate 29

14 years of age and complete a boating safety course Or accompanied by someone 18 years of age or older who has a boating safety certificate 30

US Coast Guard Auxiliary Boating Safety Course US Power Squadron Boating Safety Course New York Safe Boating Course 31

NY Safe Boating Course Instructors USCGA or USPS Members NYS licensed Public Vessel Operators US or Canadian Coast Guard licensed operators 32

Police Officers, Peace Officers, Firefighter, lifeguard and Emergency Rescue Personnel when acting pursuant to their duties Out of state residents with an approved boating safety certificate from their home state Owner of a boat purchased within the previous 120 days 33

Livery Exemption Liveries may rent a boat to an operator without a certificate provided: The person is at least 18 years of age The livery demonstrates the operation of such vessel and location of safety equipment The renter is able to demonstrate the information back to the livery The vessel is not rented to the same person for a period exceeding 60 days 34

Must be 16 to rent with a boating safety certificate Persons without a boating safety certificate may rent and operate a personal watercraft if: They are at least 18 years of age. Remain within 2500 feet of the rental business or within 500 feet of a provided guide 35

Commissioner of OPRHP is authorized to approve internet-based boating safety courses at his or her discretion On-line options being examined 36

States Requiring Motorboat Operator or PWC Proof of Certification Phased in by 1/1/2016 As of October 18, 2013 VT 1/1/74 In effect 5/1/2014 AS In Effect 11/10/2012, Enforced 2014 GU CNMI 1/1/83 Ed Req PWCs Only; for Certain Ages Only; or Rentals Only 1/1/89 12/31/85 9/1/93 1/1/84 Education Req Certain Ages Only (Usually preteens &/or teens &/or young adults only) Education Req Birthday-based 1/1/89 1/1/86 1/1/84 Short-Term Phase-In & May Require Operator s License 6/30/80 5/1/96 7/1/96 1/1/82 1/1/82 7/1/72 12/31/86 1/1/89 1/1/98 7/1/72 PR VI DE 1/1/78 RI 1/1/86 DC Phased in by 7/1/2016 1/1/88 No Boating Education Requirements Note that each state has unique requirements that may impact different age operators. Some states have additional requirements for PWC or nonmotorized operation which may not be reflected in this illustration.

38

39

PWC Law Takes Affect 2004 Born on or After Law Takes Affect 2014 40

518.474.0445 On On the the web: nysparks.com/recreation/boating New York State Parks Marine Services Bureau Albany, NY 12238

Presenters Wade Alonzo Boating Program Manager Washington State Parks and Recreation Commission www.childrenssafetynetwork.org 42

Wade Alonzo Boating Program Manager Washington State Parks and Recreation Commission

} Robert Miller, US Power Squadrons } Dan Shipman, 13th Dist, USCG } Jan Visser, Pac. Int l Yachting Assoc. } Peter Schrappen, NW Marine Trade Assoc. } Raymond Williams, Unaffilitaed Boaters } Sheriff Bill Benedict, Wa. Assoc. of Counties } Gerald Hodge, Wa. Water Trails Assoc. } Bonita M. Harding, USCG Auxiliary } Frances Troje, Kayakers } John Dawson, Rec. Boating Assoc. of Wa. } Bonney Lake Police Chief, Dana Powers } Paul Wenzel, Anglers & Hunters } Nigel Malden, Personal Watercraft Owners } Mary Roberts, Educators } Kathy Williams, Injury Prevention, WA DOH Poll: How many of you are involved in your states boating safety program?

Poll: What is the month with most fatalities?

Men over 40 High Impact Counties Boats less than 20 feet Freshwater Boaters New & Casual Boaters Paddle Sports Youth Poll: Which audience do you think Washington paddling experts and ACA pointed out as a priority for injury prevention efforts?

Over Confidence PFD Wear Cold Water Shock Capsizing and Overboard Safety Gear Alcohol and BUI

Lake Washington August 2012 } BUI more dangerous than DUI? } Affects exaggerated on the water } BUI vs. DUI.different cultural norms.

} How do you conduct a field sobriety test on a moving platform? } What do you do with the boat if the operator is impaired? } Time intensive one BUI can end an officers day of patrol. } Unfamiliar to prosecutors and judges.

} From 2005 2011alcohol involved in 30% of WA boating fatalities (probably more) and 18% of injury accidents } From 2000-2009 at least 26% of child and youth fatalities involved alcohol

} Prior to 2013, WA had the weakest BUI law in the West } 2011 2016 Drowning Prevention Policy Plan laid out a path to reduce drowning.

} 2012 May - policy discussion with WASPC BSC June & July Meeting of state partners What would be a deterrent? September - Stakeholder outreach November WASPC and agency support December Legislative sponsors, meetings off to the races

} Gross misdemeanor Up to $5K / 364 days in jail } Implied Consent = $2K fine for refusing breathalyzer test } Includes references to marijuana } NO tie to drivers license or elevating penalty scheme

} Start with common, deeply held values } Have data to back up your position } Consensus of stakeholders } Division of labor } Over communicate transparency } Surround yourself with amazing partners (like WA DOH, Children s Hospital and WDFW)

} Kathy Williams (WA DOH) leading an effort to evaluate our law } Working with Celeste Chung (Children s Hospital) & Marla Peters (WA DOH) } Developing: A Logic model Formal evaluation plan Survey Monkey for prosecutors Key informant interviews for MLE, Judges, others Survey of our boaters BUI Bench book Communication plan

Thank You! Wade Alonzo Boating Program Manager wade.alonzo@parks.wa.gov Office: (360) 902-8836

Thank you for your participation Please take a moment to complete our short evaluation https://www.surveymonkey.com/s/kc9n8bm www.childrenssafetynetwork.org 66