leave lasting mark

National Association of State Boating Law AdministratorsJuly-August 2010 | Vol. 25 No. 4

• Boating accidents leave lasting mark• Accident report data key to safety measures• Recreational boaters encouraged to help with homeland security

The official publication of the National Association of State Boating Law Administrators

President Terry West

Vice President James Graybeal

treAsurer Toby Velasquez

PAst President Richard Moore

MeMbers At LArgeHerb Angell

Kevin BergersenMike Fields

executiVe editor John Johnson

MAnAging editorsTom HaywardRon Sarver

editor Kimberly Jenkins

Art director Amy McLean, Trapp Communications

circuLAtion director Sam Lynch

editoriAL offices1500 Leestown Road, Suite 330

Lexington, KY 40511Phone: 859.225.9487

fax: 859.231.6403e-mail: [email protected]

dePArtMents2 FRoM THe HeLM

4 NASBLA NeWS

5 NeW BLAS

20 BoATING BRIeFS

25 GoVeRNMeNT AFFAIRS

26 CoAST GuARd CoMMeNTS

28 PARTNeR PeRSPeCTIVeS

feAtures

6 America’s Waterway Watch Program encourages boaters to stay vigilant

8 nAsbLA’s boAt Program gains momentum The new training program has seen six months of successful delivery

11 Wear it california! campaign produces results Program shows that marketing boating safety works

12 behind the counts Accident report data play key role in answering boating safety research questions

14 in the blink of an eye Missouri water patrol officer reflects on boating accidents and their long-lasting effects

16 nAsbLA treasures its member states In commemoration of its 50th Anniversary, NASBLA pays tribute to its members.

©Small Craft Advisory (ISSM: 1066-2382)Published bimonthly by the National Association of State Boating Law Administrators,1500 Leestown Road, Suite 330, Lexington, KY 40511 (six issues). Subscription is $12 annually. Contact NASBLA for permission to reprint articles at 859.225.9487 and [email protected].

Send change of address to: Small Craft Advisory1500 Leestown Road, Suite 330Lexington, KY 40511

www.nasbla.org | small craft advisory | july-august 2010

on tHe coVer: An accident can happen in the blink of an eye, as the boat operator in the cover shot learned the hard way. This accident, occurring in May 2005 on Table Lake Rock in The ozarks of southwestern Missouri and northwestern Arkansas, resulted in one boater being killed and several others being seriously injured. In addition, the 26-foot cruiser was totaled. The operator, who was intoxicated at the time, misjudged his location and ran aground.Boating safety professionals across the country continue seeking ways to educate boaters inan effort to reduce the number of boating-related accidents. Missouri State Water Patrol photo

Magazine madewith recycledcontent

www.nasbla.org | small craft advisory | july-august 2010 | page 2

from the HeLM

Hard to believe we’re already in the third quarter of calendar year 2010.

It seems just a short while ago, some parts of the country were bracing for the impact of feet, not inches, of snow. Now, in the thick of summer and recreational boating season, the weather in some of the same areas has been no less forgiving, with record-breaking heat and often violent, drenching storms. Just what impact these weather extremes—and other, even tough-er-to-gauge influences—might be having on recreational boaters and boating accidents across the country this year remains to be seen. We’ll have to look back when we have the numbers.

We spend a lot of time recording and looking at numbers in our boating safety work. Some tell us how much we did. When—in one late-June weekend this year—Operation Dry Water resulted in over 350 drunken boaters being taken off the wa-ters and nearly 12,000 safety warnings and other citations issued across the country, it was a pretty good indication of what our en-forcement officers did on this project. We’d like to think tallies like these also give clues about the volume of tragic events we might have prevented by this collective effort.

Other numbers, like boating accident statistics, document incidents that actually did occur. If we look hard enough and long enough at them, we hope they’ll yield the kind of information we need to lead us to those policies and programs that can pre-vent whatever happened from happening over and over again.

A few years ago, NASBLA asked its then-new Engineering, Reporting and Analysis Committee to begin taking that long, hard look at those numbers and tell us what it was learning about accident patterns and trends. It hasn’t been an assignment with

simple stories to tell. It especially hasn’t been easy when a big part of the story pulls us into the guts of how accident data, in particular, are reported and collected and put into our state databases and the Coast Guard’s Boating Accident Report Database (BARD). It’s enough to make eyes glaze over. But is there critical, real-life information behind the data? Yes. Be sure to read Capt. Gary Haupt’s first-person account of investi-gating boating accidents – pp. 14-15.

For years, we’ve heard from our partners at the U.S. Coast Guard with issues of just how complete, accurate and timely the man-dated boating accident report data submis-sions are, or aren’t. What we might not have been quite as attuned to is just how im-portant these data—and their quality—are, beyond meeting those federal requirements.

They play—or should play—a big role in helping us not only sort through national, state and local trends but also helping us make the case for safety campaigns and pro-grams at all of these levels. See Coast Guard Comments (pp. 26-27) for more information.

During NASBLA’s 51st Annual Conference in Honolulu, Hawai’i, Sept. 10-14, along with so many other topics relevant to our world of boating safety, we’re going to spend time talking more about the value of boating accident reports, the importance of review-ing our own states’ reporting processes and working through challenges, and about pos-sible federal regulatory changes to accident reporting requirements. But the dialogue on these issues can’t end there.

We’ll continue to keep you informed and engaged here; on our website (http://www.nasbla.org); in Currents, the monthly NAS-BLA newsletter; in our committee work; and in other forums we develop.

Because it’s not just about numbers and analyses. It’s about saving lives.

Accident data play key rolein improving boating safety

terry WestNASBLA President

John JohnsonNASBLA executive director

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nAsbLA congratulates Wheeleron receiving nextgov Award

NASBLA extends hearty congratulations to Jeff Wheeler, deputy chief of the U.S. Coast Guard Office of Boat Forces, for being selected as one of only eight recipients of this year’s prestigious Nextgov Award for innovative and bold program development.

Nextgov Awards is an inaugural program to recognize federal managers who overcame bureaucratic inertia and political resistance to establish innovative processes that improved government operations and citizens’ lives.

Wheeler won the award for his work with NASBLA in the cre-ation of NASBLA’s Boat Operations and Train-ing (BOAT) Program. Through this initiative, he brought together the community of mari-time law enforcement officers and emergency responders throughout the country to develop a single system to train federal, lo-cal and military organizations to protect the nation’s ports. Wheeler, along with the other seven winners, received the award May 27 at a formal luncheon held in Washington, D.C., during the Gov 2.0 Expo.

“The hardest thing wasn’t so much developing the technology,” Wheeler said. “It was trying to get everyone on board.”

NASBLA President Terry West said, “NASBLA salutes Mr. Wheeler for his extraordinary initiative and cooperative efforts with our members and stakeholders in filling a significant training gap in the maritime domain. He truly stands shoulder to shoulder with all of us, leading a na-tional community of frontline law enforcement and first responders toward becoming a true force multiplier in our collective effort to maintain a safe and secure marine en-vironment. This exemplifies the Coast Guard’s partnership and commitment to the NASBLA BOAT Program, and it is truly making a difference,” West added.

To learn more about the Boat Operations and Training Program that Jeff Wheeler helped to develop, visit http://www.nasbla.org/BOAT.

editor wins blue Pencil AwardNASBLA Editor Kimberly Jenkins has earned an award in

the 2010 Blue Pencil & Gold Screen Awards Competition held by the National Association of Government Communi-cators (NAGC).

NAGC is a national not-for-profit professional network of federal, state and local government employees who

disseminate information within and outside govern-ment.

The NAGC Blue Pencil & Gold Screen Awards Com-petition salutes superior communications efforts of government agencies and recognizes the people who create them. Blue Pencil Award categories are designed for writing, editing, photography, and published products, such as pamphlets, books, news-letters, and other related materials, while Gold Screen Awards are given to recognize excellence in Web, audio, video and other multimedia.

Jenkins’ article titled “Officer hones MADD skills,” which appeared in the May-June 2009 issue of Small Craft Advisory, earned her an award of excellence in the feature article category of the annual competition. In the article, Jenkins profiles Florida Fish & Wildlife Conservation Officer David Erd-man, an officer who is passionate about getting drunken boaters off the water, in an effort to provide useful in-formation to agencies, and particularly law enforcement officers, across the county to help bolster their boating under the influence enforcement efforts.

“The variety of entries and the creativity shown at all levels of government has been an inspiration this year,” stated Maria VanderKolk, NAGC competitions chair. “From posters to pod-casts and websites to webinars, government communications continues to keep pace with ever-changing technology.”

More than 440 entries in 51 categories were received and judged by a prestigious panel of experts and merited a total of 48 First Place, 48 Second Place, and 68 Awards of Excellence.

Jeff Wheeler (left), deputy chief of the U.S. Coast Guard Office of Boat Forces, receives the 2010 Nextgov Award during a ceremony held on May 27 in Washington, D.C. NASBLA Vice President Jim Graybeal represented the National Association of State Boating Law Administrators, the organization that nominated Wheeler for the award. Staff photo

As people pursue new opportunities and organizations reorganize, the National Association of State Boating Law Administra-tors continues to see new faces among its members. We welcome these new members aboard and encourage them to become involved in our organization and reap the benefits of their membership.

Lt. dennis tullynew Jersey

Hailing from Haddonfield, N.J., Lt. Dennis Tully is a lifetime boater who has owned powerboats and sailboats since he was a child. These days he enjoys sailing on his 36-foot Cape George Cutter.

Tully became a New Jersey State Trooper in January 1987. Since then, he has served nine years in

the Field Operation Section as General Duty Trooper, 12 years on the Technical Emergency and Missions Specialist (T.E.A.M.S.) Unit responsible for S.W.A.T / Tactical Opera-tions, Underwater Search and Recovery, and High Angle Rescue, and four years as supervisor of T.E.A.M.S. Unit.

In April 2007, he transferred to the Marine Services Bureau, where he served as Marine Station Command, Bureau Operations Officer and Special Operations Sec-tion Administrative Officer. He was then named Assistant Marine Services Bureau Chief and BLA in March 2010.

Lt. Tully is currently the vice chairman of the Sec-tor Delaware Bay Area Maritime Security Committee (AMSC). In addition, he has served as the chairman of the AMSC Law Enforcement Sub-Committee and served on the AMSC Planning and Grants Sub-Committees.

Honing in on the importance of education and compliance with life jacket wear regulations, Lt. Tully plans to work to ensure compliance from the state’s Boater Safety Certificate program vendors, instructors and the general boating public and to pursue legislation that will mandate the wearing of life jackets in cold water conditions.

Merri Walker Massachusetts

Lt. Merri Walker has served as an Environmental Police Officer for the commonwealth of Massachusetts for the last 26 years. She started out as a district officer in 1985, after having earned a bachelor of science degree in Criminal Justice. In this role, she was responsible for enforcement of fish and game violations, state park enforce-

ment, search and rescue, large animal response issues such as bear and moose in metropolitan areas, marine fisheries enforcement, hunter education, boating education and en-forcement, off road vehicle enforcement, as well as full police duties throughout the course of daily patrol activities.

In 1994, Walker was promoted to sergeant in the Boat & Recreational Vehicle Safety Bureau, where she learned and developed in the areas of accident investigation as it pertained to both vessels and vehicles, including off-road vehicles. She has been involved in numerous accident inves-tigations and prosecutions over the years.

In addition to the accident investigator’s hat, as a bureau sergeant Walker wore the hat of educator for both the boat-ing and recreational vehicle public. Annually, since 1994 she has participated in numerous boat, personal watercraft and paddlesports safety courses for the public. She has trained in operation of various vessels and vehicles and has shared that training and experience with her fellow officers and with other state and municipal agencies.

On March 27, 2010, she undertook her current role as a lieutenant in the Boat & Recreational Vehicle Safety Bureau. In this position, she also serves as the boating law adminis-trator for the commonwealth of Massachusetts.

“Current initiatives of our bureau reflect national and individual state trends in boating safety,” said Lt. Walker. “Pad-dlesports enthusiasts are the fastest growing population of boaters and an important group we need to connect with to prevent fatalities.”

Lt. Walker’s personal interests are paddlesports, recre-ational vehicles, hiking and biking. “I own several kayaks and a canoe and can be often seen in my off time trying to get the Labrador retrievers to sit in the boat,” added Walker.

continued on page 19

new BLAs


NASBLA welcomes newboating law administrators


“This gentleman was on a platform next to me, videotap-ing the underside of the I-395 bridge and taking photos with a camera phone,” says Capt. John Martin, U.S. Mer-chant Marine. He also asked a number of unusual ques-tions, such as “Can you climb up on the bridge? Can you stop under the bridge? Where can you rent a jet ski? and, “How close can you get to the cruise ships?” After witness-ing this unusual activity, Martin asked his first mate to take the helm and immediately called 1.877.24.WATCH.

With threats of a terror-ist attack on our shores, the need for a variety of security measures in multiple arenas has become more urgent than ever. For its part, the U.S. Coast Guard is requesting the assistance of America’s 83 million adult boaters, and others who live, work or play around our waters, by becoming part of our nation’s first line of defense – America’s Water-way Watch (AWW).

AWW is an outreach program akin to neighborhood

watch programs in many local communities, but it is focused strictly on marine-related areas and concerns. With over 95,000 miles of shoreline, 300,000 square miles of water-ways, 6,000 bridges, 360 ports of call, and thousands of ma-rinas, the U.S. Coast Guard simply cannot be everywhere at once. They need the eyes and ears of all those who frequent our waterways to be on the lookout for suspicious activities that might threaten our homeland security. This effectively

creates a force multiplier for the homeland security effort in maintaining a heightened level of maritime domain awareness.

Neighborhood watch programs have proven to be effective in deterring criminal activity, creating a sense of se-curity, reducing fears of crime,

and even building stronger communities. “The primary objective of America’s Waterway Watch is to prevent acts of terrorism and other illegal activity by raising the aware-ness of commercial and recreational boaters, including the multitude of shoreside facilities in knowing what to look

Over 80 million eyes andears on our waterfront

By LT Brian Zekus, U.S. Coast Guard, andJohn P. Whelan, U.S. Coast Guard Auxiliary

America’s Waterway Watch

Coast Guard Auxiliarist, crewman Arnie Heath, on the lookoutduring a Waterway Watch security patrol at Port Hueneme, Calif.

uSCGAuX photo/Michael Brodey


for and how to report suspicious activities. When reporting information, boaters can take specific

steps to give the Coast Guard the best possible informa-tion to aid in an investigation and, in the end, mitigate the potential threat. The first step is to take detailed notes of who, where, what and when something out of the ordinary occurs. If the activity poses an immediate threat, boaters should call local authorities by dialing 911, or the U.S. Coast Guard on Channel 16 of their VHF-FM marine radio. If a boater sees something that looks suspicious but doesn’t pose an immediate danger, they should call the AWW toll-free number, 1.877.24.WATCH (1.877.249.2824), a central phone number that fields information at the U.S. Coast Guard National Response Center, which is staffed 24 hours a day, seven days a week.

Watching for suspicious activity on the water, while simi-lar to your neighborhood watch, involves looking for some different activities. Some examples the public should be on the lookout for include, but are not limited to:• People appearing to be engaged in surveillance (e.g., ask-ing odd questions, sketching, videotaping or taking photos of waterfront installations).• Diving or boating activity near sensitive infrastructures, including dams, bridges, power plants, etc. • Anyone trying to forcibly obtain access to a vessel or waterfront facility. • Any suspicious person attempting to rent a boat, especial-ly if they seem unfamiliar with boating. • Missing fencing or lighting near sensitive waterfront locations.• Unknown or suspicious persons loitering for extended periods.

• Unknown vendors attempting to sell or deliver merchandise. • Vessels anchored around bridges and dams. • Fishing in an area not typically used for fishing. • Recovering items from or tossing items into/onto the waterway or shoreline. • Any vessel dumping solids or liquids overboard.

Everyone is strongly urged never to confront anyone suspicious, or take any action other than reporting it to authorities. Furthermore, boaters are advised to call 911 immediately in the event of a situation perceived to be an immediate danger. Providing as much detailed information as possible is vital for authorities in pursuing the case. For example, if the Coast Guard receives reports of suspicious activities around cruise ship terminals, in port areas, or near sensitive infrastructures, your information may help to identify a pattern of criminal intent that authorities may use to anticipate a terrorist’s next move on a more large-scale plot.

While the Coast Guard and Coast Guard Auxiliary want to enlist the public’s help, they also want to remind everyone that this is not about spying on neighbors, nor is it intended to unnecessarily raise anxieties related to maritime safety and security. Vigilance is simply a part of being a responsible member of the boating and maritime community. By being the eyes and ears in and around your work or recreational environment, we can all help to minimize the opportunity for those who would other-wise seek to cause harm and disrupt the nation’s ports and waterways.

For more information about America’s Waterway Watch, visit http://americaswaterwaywatch.uscg.mil.

Flotilla 26 vessel ‘PI-SAR’ on patrol along Chicago’s lakefront. uSCGAuX photo/Barney Zaffron


boat program uPdATe

The first half of 2010 has seen the successful launch of the National Association of State Boating Law Administrators’ (NASBLA) Boat Operations and Training (BOAT) Program and its premier course offering, the Tactical Operators Course (TOC). This first course offering under the BOAT Program banner is all about high-energy boat tactics, pushing cox-swains and their boats to the limits, but the BOAT Program is not just about high-speed tactics and security.

The BOAT Program is about qualification and operational standards, standards that encompass the full spectrum of op-erator, crew and agency performance and training. The heart of the program can be found in the NASBLA BOAT Manuals, which are available online at http://www.nasbla.org/boat.

Much of the qualification standards and guidance are voluntary and adaptable to any size agency, from a small three-man department to a large state agency with hun-dreds of marine officers. Several states are reaching out to NASBLA’s BOAT Program Director, Mark DuPont, to help audit their existing training programs and make adjust-ments to come into full qualification standards with the NASBLA BOAT Manual. By seeking this level of accreditation from NASBLA, those same agencies will be assured – as will their partners – that they are truly capable of being a force multiplier within the maritime community. The training and operational standards will mirror and/or compliment those of the U.S. Coast Guard and the states, giving Sector Com-manders or Captains of the Port confidence in the training and ability of their partners on the water, especially when the mission requires joint operations.

“If you’re going to build true partners, they must train and operate off of the same qualification standards,” said Mark DuPont. “Those early pilot classes were an opportunity for NASBLA to fine-tune the instructor timing and course sup-port materials in a classroom environment.”

Several articles have already been written about the BOAT Program and the TOC, building up to the formal

launch. There was an extensive buildup of NASBLA admin-istrative capabilities, student and instructor registration and tracking systems, and a process by which to share the agency and personnel qualification standards with our law enforcement partners. There was also the critical presenta-tion task of delivering several pilot course offerings for final Coast Guard review and acceptance by the Coast Guard’s Office of Boat Forces.

“The creation of a national training program is critical in achieving maritime interoperability between federal, state and local law enforcement and rescue agencies. The Coast Guard’s Office of Boat Forces and NASBLA have created a true partnership in support of maritime safety and security for America,” said Jeff Wheeler, deputy chief of the U.S. Coast Guard Office of Boat Forces.

tactical course serves an immediate needIt was a matter of immediate need that the TOC was

selected to be the first course offering under the BOAT Program banner. Nationally, active-duty Coast Guard, state, local and county marine law enforcement needed the tacti-cal and security training as soon as possible. Coast Guard training units were having trouble keeping up with their internal training demands and their state and local partners have never had access to this national standardized training. For many of those officers and agencies training dollars are tight and travel is almost prohibited due to struggling state and local economic climates.

Thus, the exportable training model NASBLA created offers the opportunity for multi-agency partners to train in their own boats, in their own area of responsibility with their partners.

By hosting the NASBLA TOC at Coast Guard Stations during the opening months of the program the Coast Guard has, when available, opened up seats within their classes to their maritime law enforcement partners. These combined classes have proven to be the ultimate model for delivery of this course.

NASBLA’s BOAT Programmoves onward and forwardBy John Fetterman, NASBLA Director of Law Enforcement, and Mark DuPont, NASBLA BOAT Program Director


BOAT Program Director Mark DuPont wears a Mustang High Vis-High Impact vest. Staff photos

A Protector boat, manufactured by BOATProgram sponsor, is used during the safelearning experience.

Students learn both in the classroom and on the water, with U.S. Coast Guard, state and local partners working and learning together.

the resultsIn the first half of 2010 the TOC has been offered across

the country in nine locations and trained over 180 stu-dents at the time of this article. Classes have already been scheduled for the second half of this year. And based on the requests being fielded daily, our projections indicate that by the end of 2010 NASBLA will have delivered a total of 20 classes and trained 240 Tactical Boat Operators nation-ally. Impressive numbers considering that the full effects of the 2010 Port Security Grant Program (PSGP) have not fully kicked in. To date, NASBLA has assisted 31 states in prepar-ing their Port Security Grant Applications which included training dollars for just this training.

For the first time the PSGP did not require a funding match from either local or state agencies, allowing numer-ous agencies that could not previously benefit from this program the opportunity to submit valuable proposals – many of which have been approved.

safety of deliveryThe Tactical Operators Course (TOC) focuses on en-

hancing our nation’s ability to protect critical assets in the maritime domain through coordinated tactics, techniques and procedures. This course is not for beginners or the faint of heart. It’s high-speed as the NASBLA and Coast Guard instructors teach students the extent of their capabilities, and the boat’s operational limits and performance charac-teristics. And they do so in an orchestrated, controlled and well-executed manner, with safety as a primary overarching objective. Illustration of this safety strategy is evidenced through one of the BOAT Program sponsors, Mustang Sur-vival. As part of our risk mitigation strategy, we have recom-mended that all students and instructors wear high-impact life jackets and impact helmets during this aggressive training. Mustang created jackets specifically for NASBLA in high-visibility, opposing colors to allow immediate identifi-cation of instructors from students.

Additionally, through another partnership, Protector Boats has provided a high performance soft-sided platform for use as an “Opposing Force” or OPFOR boat in most of the classes. All part of enhancing the ability of instructors to clearly and

immediately direct and orchestrate maneuvers on the water in an effective, efficient and secure manner. “It happens fast, but it happens safely,” said Program Director, Mark DuPont.

testimony to the success of thetactical operator’s course

The real testimonials and assessments of the course come from the student evaluations at the conclusion of each course. As we review and analyze student critiques, a common thread has been identified and is represented by students from all the classes held until the writing of this article, and summarized in the comments below.

data collected from tacticaloperator’s course • Average Incoming Knowledge Test: 33.5%

• Average Outgoing Final Exam: 89.6%

Student evaluation summary:• 91% Agreed that this course related to their needs. • 93% felt that the program was well organized.• 97% Agreed or Strongly Agreed that the instructor knew the subject areas thoroughly.• 95% Agreed that the instructors presented engaging lectures.• 97% Agreed that the instructors clarified what was expected.• 95% Agreed or Strongly Agreed that their questions were answered thoroughly • 97% felt that they were encouraged to participate • 94% Agreed that the course materials were used effectively.• 74% Strongly Agreed that the course materials were supplemented with personal knowledge.• 99% Agreed or Strongly Agreed that the activities and exercises supported the course content. • 94% felt the exercises and activities were facilitated effectively.• 91% Agreed that they would be able to apply what they learned to their job.• 86% Agreed that they were provided opportunities to apply what they learned.• 88% would recommend the course to others.

social MedIA cont.

Mark Your Calendar!

Visit the NASBLA website for the most up-to-date info:nasbla.org | 859.225.9487 | [email protected]

= PMS 286

= PMS 136

FONTS: Bank GothicCentury Schoolbook

2010 Annual ConferenceSeptember 10-14, 2010 Honolulu, Hawai’i

Mission Partner 2010

boat program uPdATe cont.

building the instructor cadreEach offering of the TOC is also an opportunity to build

and train our cadre of instructors. Each class is supported by a lead instructor, three qualified instructors and an instructor in development. We have been successful in bringing onboard an additional qualified instructor at the conclusion of each class.

In order to become a NASBLA instructor, a person must have excelled in the TOC course, be identified by the lead instructor as a student having advanced boat handling skills, and possess the right teaching skills. Once identified, an instructor in development must assist in training a class and then be evaluated while teaching in a class in a supervised capacity. Once quali-fied as a NASBLA instructor, a new instructor with his or her agency’s permission, signs a contract to receive compensation to teach under the NASBLA TOC program on personal time.

it’s more than just tactical operationsThe NASBLA BOAT Program involves much more than

tactical operations. During the second half of 2010, NASBLA plans to implement the baseline training program, Basic Crew Member Course (BCM). Over the last few months BOAT Program personnel have collaborated with the U.S. Coast Guard’s Office of Boat Forces, the Coast Guard Auxil-iary and subject matter experts within NASBLA. The course curriculum for the next course offering is established and plans are in place to present the first BCM pilot at the USCG Station Castle Hill, in Newport, R.I., in early August 2010. The core elements of this basic training opportunity will fill another void in standardized and qualified boat operations. The basic weeklong course outline covers the following areas:

• Crew Efficiency Factors, Risk Factors and Team Coordination

• Physical Fitness, First-Aid, and Survival• Marlinespike Seamanship, Boat Nomenclature, Nautical

Terminology, and Basic Stability• Boat Handling• Communications• Navigation• Mission-Oriented Operations

“There are two very exciting elements of this course offering. First, the course will be taught to a diverse group of marine partners including marine law enforcement officers, firefighters, harbormasters, salvage operators and more, who comprise the majority of our emergency responder network throughout the country. Second, our instructors will be pairing USCG Auxiliary members along-

side our NASBLA Instruc-tors,” said DuPont. “This will truly take the BOAT Program a major step closer to our ultimate goal of bringing the maritime com-munity together under one standardized set of qualifica-tions and standards.”

In addition, DuPont add-ed, “We believe that it’s not only students who develop a new heightened trust and confidence in each other when they train together, so do a blended corps of instructors.”

All of this leads NASBLA’s BOAT Program onward and forward together, to enhance the safety and security of the nation and its waterways and citizens. One country, one mission, one force on the water.

Instructor and students work together.

Wear ItCalifornia!Campaign producing results

By Gloria Sandoval, Public Information Officer,California Department of Boating & Waterways

In its fourth year, the Wear It California! Campaign contin-ues to successfully utilize a full range of marketing strategies to increase life jacket wear among Sacramento-San Joaquin Delta (Delta) boaters and awareness of the highly wearable inflatable life jackets. Observed life jacket wear rates on the Delta rose from six percent in 2006 to 15 percent in 2009. The California Department of Boating and Waterways (DBW) hopes to continue reaching more boaters with the life jacket message and decrease the number of fatalities that take place on the Delta.

During this summer, more than 800 inflatable life jackets will be distributed by the Wear It California! Crew to Delta boaters who pledge to wear their life jacket at all times while boating. The Crew will travel to 10 different events with a branded truck, boat and bright orange pavilion with laptop kiosks, educational materials, and inflatable life jacket demon-strations and displays. Educational materials include sun care kits with sunscreen, hand sanitizer and lip balm, water bottles, ABCs of California’s boating law and much more!

Participants who pledge to wear their life jackets will also be entered into two sweepstakes – “$1,000 Bass Pro Shops Shopping Spree” and “Fish With a Pro!”

In 2006, the Delta was selected by the U.S. Coast Guard among communities nationwide to serve as a test site for this pilot initiative to advance life jacket wear among recre-ational boaters. This region is popular as a boating “hot spot” for thousands of recreational boaters each year, as well as for its significant contribution to the total number of boating ac-cidents and fatalities on northern California’s waterways.

On average, 10 percent of all of California boating accidents occur in the Delta area alone. In 2009, this region accounted for 13 percent of all accidents, 15 percent of all injuries and 20 percent of all fatalities in California.



In his article, “In the blink of an eye” (pp. 14-15), Capt. Gary Haupt of the Missouri State Water Patrol recounts many of the harsh details of a recreational boat-ing accident scene still fresh in his mind, though the event hap-pened nearly 30 years ago. The eye-opening experience, along with numerous others over the years, surely has formed a cache of haunting memories.

Just as surely, his on-the-job experiences, and those of fellow marine law enforcement officers and accident investigators across the nation, have accumulated into a rich reserve of skills, gritty awareness of behaviors and activities on the waterways, insights into problem areas, and recommendations for reso-lutions.

For those of us not patrolling the waters—instead navigating databases to analyze patterns and trends in the collection of individual incidents reported over time—their hands-on, from-the-field perspectives can help to corrobo-rate, test, and even add depth to our findings.

But it is their front-end contribution in the chain of personnel and processes comprising an accident report-ing system that can have the most profound impact on the quality and relevance of what we know—or what we think we know—about the factors behind the accident totals.

Looking behind the countsEach year, the U.S. Coast Guard compiles national statis-

tics on boating accidents meeting federal reporting require-ments and drawn primarily from boating accident report data forwarded by the states and territories.

With dozens of tables presenting counts of accident

types, causes and con-tributing factors, ves-sel types, and operator and passenger infor-mation, these national annual reports—along with state-generated statistical counter-parts—are valuable for answering the “how many” and “what” questions, identifying and tracking potential trends, and making comparisons.

They are every bit as important for high-lighting factors that warrant a closer look,

and raising the “why” and “how” questions about boating accidents. Answering those questions, though, usually takes more “drilling” into the data that form the basis for those annual compilations.

As the Engineering, Reporting and Analysis Committee (ERAC) of the National Association of State Boating Law Ad-ministrators (NASBLA) has learned in its work over the past few years, these data explorations sometimes lead to only preliminary or partial results. Other times, they end with the realization that the data were never intended to answer the research question at all.

Most times, they expose data flaws—some fatal, some quirky, most that are “masked” in the aggregate view—that need “work-arounds,” improvement or outright fixing.

Accident report data are fundamental not only for meet-ing federal mandates but also for use in analyses – analy-ses that affect our understanding of boating safety issues, inform allocations of enforcement and safety education re-sources, lead to consideration of equipment modifications, shape state and national programs and policies and strate-gies, and help determine whether they are even effective. The analyses are only as solid as the data.

So, there are good reasons to illuminate their limitations,

Behind the countsThe vital role that accident report data play in answering boating safety

research questions and what can improve them for the future By Dr. Deborah Gona, NASBLA Research Director

New Jersey State Police photo


and then identify some practical ways to address them. The good news is that over time, with deliberate and coordinat-ed efforts at the state and national levels, there can be im-provements to the overall quality and reliability of accident report data for addressing critical safety issues.

When missing data and fuzzy definitions obscure the view

In 2009, ERAC ventured into projects ranging from at-tempts to separate out human- and boat-related factors from other influences on boating accidents to analyses of factors associated with children and youth boaters and of patterns associated with certain vessel types.

The focus was on fatalities—in part because the volume of data for the five- and 10-year periods under study would be more manageable than that for other accidents; and, in part, because committee members expected a higher degree of data detail and accuracy resulting from fatality investigations than other incident reports, especially those submitted by boat operators or owners. They analyzed data extracted from the Coast Guard’s Boating Accident Report Database (BARD), and as needed, data compiled by mem-bers from their individual states’ accident reports.

Almost as unsettling as the topics they explored was the members’ discovery of inconsistencies in the level of detail and completeness of accident reporting and other critical boating program data—enough so that they left the door open for questions as to just how accurate the data were.

While this “discovery” might not have come as surprising news to Coast Guard statisticians who review, reconcile and try to standardize data across the states and territories for inclusion in BARD, it was eye-opening and, in some ways, suspicion-confirming for ERAC members.

There were irregularities in report data fields and fields left unfilled—in some instances, in significant proportion, leading to caution in framing the find-ings.

In one example, observations about the activities in which victims were involved at the time of their accidents had to be tempered after detection of a too-large number of incomplete responses to the data field intended to capture that “Activity.” A whopping 64 percent in that analysis were “Unknown,” marked as “Other,” or left blank.

In another, members hesitated to draw conclusions about the impact of operator education across different age groups when they realized there was a significant amount of missing report data in the “Operator Education” data field. In that analysis, nearly 54 percent of the fatalities across all of the age groups under study were missing this piece of information.

There were variations in how accident report cat-egories and definitions were applied—from inadequate or inaccurate captures of accident scenarios using the avail-able lists of category options on the report forms to varying interpretations, recording and data entry of those categories.

One charge team discovered the variations in reporting categories and definitions when members were tasked with reviewing their own states’ fatality data, using only officer/investigator reports and only reports that a trained, experi-enced accident investigator would have reviewed for the primary accident cause and accident type.

In the process, they found ambiguities among terms and definitions; outdated categories; a tendency for critical factors identified in accident investigations to be dropped into a catch-all “Other,” because viable category choices were not available; and indications that personnel were not always catching inconsistencies.

Advancing the quality—and usefulness—of the accident report data

So what can be done to improve the data and the pro-cesses that generate them? Some basic recommendations from the committee charge teams include:

• Developing and providing additional training and guid-ance at all levels of report data collection and data entry—from investigating officers in the field, so they can more accurately and completely capture and detail the accident scenarios onto the report form, all the way to the data entry personnel, so they can more consistently interpret and input that report data at the state level; and,

• As part of that guidance, emphasizing the importance of obtaining complete information for all data fields and of not leaving some items consistently blank.But perhaps the one area that could have the most funda-

mental, cross-cutting effect on the quality of accident report data for years to come—and ultimately, the quality and depth of future analyses—is the creation and application of standardized terms and definitions and accompanying guid-ance for completing data fields on an accident report form.

Related efforts have been under way on this front, both at the committee level and nationally, at the Coast Guard.

As one example, the same ERAC charge team that found variations in how accident report categories and definitions were being applied, took the next logical step and devel-oped draft guidance intended primarily for investigators.

Working from a foundation of Coast Guard draft lists and BARD-Web data dictionary entries, and a recently updated state-issued reporting manual, the team proposed modifications and additions to categories and definitions for accident types and contributing factors/causes. The objective?—to improve incident reporting and data entry

continued on page 19

It was another beautiful night for boating on Lake of the Ozarks. The skies were clear and the water was calm, ex-cept for the usual boating traffic on a Saturday night in July.

Suddenly, a dispatch crackled over the radio in my patrol boat, advising of reports being called in of a loud crash that had just occurred in the main channel. As chance would have it, I was only half a mile away when I received the call and responded within seconds to a horrific and surreal scene. It looked as if a bomb had blown up in the bow of a white 19-foot fiberglass runabout boat. I would eventually determine that it had actually been struck by another run-about traveling at a high rate of speed. That boat had acted like a batter-ing ram, blowing apart the entire bow section when it slammed into the runabout.

I illuminated the scene with my spotlight as I quickly pulled up to the crashed boat. I observed that a young man was draped over the starboard side of the boat, his head sub-merged in the water. It didn’t matter at that point, however, because when the collision occurred his neck had been snapped and his brain stem severed, killing him instantly. I could see another young man sprawled out, facedown in the exposed bow of the demolished boat, his head jammed against the ruptured gas tank. He was not moving and also appeared to be dead. The entire decking over the bow had been completely broken loose and flung off to the side of the boat as a result of the initial lethal impact. That decking was still partially attached and dangling underwater like a pendulum. I could see two more young men in the stern of the boat, both moving only slightly.

There was a large v-shaped hole in the bow of the boat that extended down to the water line, and it appeared that the boat could easily become flooded with water. Gasoline

was leaking from the ruptured tank into the bottom of the boat, creating noxious flammable fumes. Electrical wiring had been ripped apart and torn loose in the severely dam-aged boat, increasing the potential for a fire or explosion.

Concerns I had regarding the obvious hazards aboard the boat were offset by the urgency of that dire situation. Time was of the essence in order to try to save the two remaining survivors, so I boarded the wrecked runabout. Another water patrol officer was en route to assist and I

planned to stay aboard the damaged boat until he arrived. I then evaluated the extent of injuries. As I initially suspected, the other young man in the bow of the boat had no pulse, so I concentrated my attention on the two remaining passengers in the stern of the boat. They both had sustained severe head injuries and were only semiconscious. Luckily, I found several orange life jackets lying in the bottom of the boat,

which was now water- and gas-laden, tinted red from the blood of the victims

aboard. I slipped a life jacket on each of the survivors, in anticipation of the probability of the boat taking on more water and sinking.

The other officer arrived and pulled up alongside the carnage of the runabout. I awkwardly struggled to lift each of the injured men individually and shuffled through the debris of broken seats and large shards of cracked and mangled fi-berglass. I gently cradled their limp bodies and handed them over, one at a time, to the officer in the other patrol boat. Af-ter the survivors were loaded into his boat, the officer rushed them to a nearby marina and an awaiting ambulance. I was left by myself with the two corpses in the demolished boat. I picked my way through the tangled mess strewn throughout the interior of the boat and pulled myself back onto the deck of my patrol boat, sliding over the dash area and back into

Early in his career, Capt. Gary Haupt with the Missouri State Water Patrol investigateda horrific boating accident. The images from that accident, as well as others, linger inhis memory to this day. Missouri State Water Patrol photos

In the blink of an eyeBy Capt. Gary Haupt, Missouri State Water Patrol


the safe haven of the cockpit. I was relieved to have escaped the hazardous confines of that wrecked boat. By then, several other boaters had arrived at the scene, their at-tention drawn by the revolving emergency lights on my patrol boat and by the ghastly scene illuminated by my spotlight. I solicited their assistance, and we were able to tie up to both sides of the runabout and then cinch our ropes tight to keep it afloat. We then inched our way across the channel and finally beached the runabout at the closest available shoreline.

The worst was still to come, however, because my next task was to notify the relatives of the deceased victims. I was eventually able to ascertain the location of a lake cabin where the men had been staying with other family members. Knocking on the door at the lake cabin, I tried to prepare for the awful task at hand. The words came out clumsily as I tried to explain the circumstances of the col-lision. The family members were devastated and could not believe that their great weekend on the lake had just ended with the death of two of their family members, and critical injuries to the other two survivors. I felt helpless and unpre-pared for the emotional aftermath that unfolded in front of me as the grief of the families spilled out. That was my first death notification. Unfortunately, I have had to make too many of these notifications throughout my career. A death notification is one of the most dreaded and dismal tasks expected of law enforcement officers.

This accident occurred in the second year of my career as an officer with the Missouri State Water Patrol, and it was the most serious boating accident that I had worked up to that point. That was 29 years ago, and I have had to deal with many other chaotic and grisly accident scenes during my 31-year career. The details of most of the serious and gruesome accidents I’ve investigated are still vivid and lingering in my memory. The aftermath of these accidents affect the survivors, the families, the witnesses, and the first responders. It never gets any easier to deal with the death and mayhem associated with serious boating accidents, but the reality is that boating accidents continue to occur

far too often on our waterways.

Boating collisions are the leading cause of injuries and are the most common type of boating accidents occurring in Missouri. Many of these colli-

sions occur at night, in low light conditions. The increasing number of docks, lake houses, condominiums, and other shoreline developments on our lakes has resulted in more background lights, which can disguise another boat’s navi-gation lights, especially due to diminished depth perception on the water at night. These background lights also create an added distraction while operating a motorboat at night.

Fortunately, the nighttime speed limit of 30 mph on Mis-souri’s waterways has been successful in significantly reduc-ing the number of deadly boating collisions. Last summer, however, there were several serious collisions resulting in fatalities that occurred on our lakes in broad daylight. Ironi-cally, there was minimal boat traffic when these collisions occurred. Complacency and failure to keep a proper lookout were the primary contributors to these collisions. The opera-tors of the boats involved simply failed to recognize that they were on a collision course with the other vessel until it was too late to take evasive action in time to avoid the collision. These were experienced boat operators, but they failed at their primary task of watching out for other boats.

The results of a tragic boating accident are life chang-ing to the victims involved. They usually occur quickly and almost without warning, literally in the blink of an eye. Drowning is often the result, leading to heart-breaking recovery operations and lack of closure for the families affected by the loss of their loved one. Seeing the traumatic injuries caused by being struck by the hull or lower unit of a boat is a convincing deterrent to careless operation for anyone involved.

Boating accidents illustrate the hazards of the marine environment if proper safety precautions are not fol-lowed. With awareness of the potential for tragic results, and the proper boating safety information, boaters can greatly reduce their chances of being involved in such incidents.

This bass boat was involved in a collision with a cuddy cabin runabout. All three of the passengers aboard were killed in this nighttime collision on Bull Shoals Lake in Missouri.



member STATeS

This is the sixth installment of an ongoing series featuring the member states involved with the National Association of State Boating Law Administrators. We truly appreciate the contributions these states and their boating safety programs continue to provide in the unrelenting endeavor to reduce boating-related accidents and fatalities and make the nation’s waterways safer and more enjoyable.

connecticutThe Connecticut Department of Environmental Protection

began its recreational boating safety program in 1979. The state implemented mandatory boating education and certi-fication in 1992, requiring boaters to obtain a Safe Boating Certificate (SBC) in order to operate any boat with an engine or motor and sailboats 19-1⁄2 feet in length or longer. A Cer-tificate of Personal Watercraft Operation (CPWO) is required to operate personal watercraft. Both certificates are obtained by successfully completing a NASBLA- and Connecticut-approved basic boating / pwc course or passing an equivalency exam.

With 12 full-time, 22 part-time and 150 other employees, the department undertakes law enforcement, boater education and pub-lic outreach efforts, including the “Get it on Connecticut, Wear It!” life jacket campaign.

Kansas Kansas contains 25 federal reservoirs for an

estimated 162,222 surface acres of recreational water. Along with this are numerous other state, county and city lakes providing an additional 24,000 surface acres of water. In addition three rivers in Kansas are deemed navigable therefore providing public waters in addition to numerous other flowing stream systems throughout the state. Most of the enforcement among this water is done with Natural Resource Officers within the law enforcement division consisting of a field officer level of approximately 63.

As in many states, recreational boating safety became a focus in Kansas with the passage of the Federal Boating Act of 1958. Kansas Legislature enacted a policy under the guid-

ance of the Kansas Forestry Fish and Game in 1959 stating that it would be “…the policy of this state to promote safety for persons and property in and connected with the use, op-eration and equipment of vessels and to promote uniformity of laws relating thereto.” This policy is still in effect today. In 1960, the Kansas Wildlife and Parks’ numbering system was approved and enacted in 1961.

With 81 full-time, 35 part-time and 15 other employees, the state’s Wildlife & Parks provides law enforcement statewide on all waters within the territorial limits of the state, includ-ing vessel inspections for proper equipment and registration, illegal operations such as alcohol and narcotic violations, marine theft investigations, boat accident investigations, search and rescue and vessel assist. The agency provides the base for boating education courses, programs, boat shows and events, as well as numerous media releases. The agency also works in the development and maintenance of boat-

ing facilities and works with privately owned marina operators located within Kansas state parks and maintains and distributes nearly 800 navigation buoys.

Louisiana With numerous bayous, bays, lakes, rivers,

along with the Gulf, Louisiana encompasses more than four million acres of water available to boaters, providing countless opportunities for water-related activities. More than 300,000 registered motorboats, plus thousands of

sailboats, canoes and other manually propelled boats use the state’s diverse waterways.

In the past couple years, Louisiana has strengthened its boating laws, raising the minimum wear age from 12 and under to 16 and under; connecting DWI suspension to wa-terways; creating crime of flight and aggravated flight from officer in watercraft; requiring all persons onboard a tiller-operated Class A motorboat to wear a life jacket; and requir-ing operators of Class A & Class 1 tiller-operated motorboats to wear engine cutoff switches.

The newest change, which goes into effect July 1, 2010,

NASBLA treasures its member states

Kansas Wildlife & Parks officers take to the water for training.


Part 6

mandates that all persons born on or after Jan. 1, 1984 com-plete a boating education course. Previously the born-on date was Jan. 1, 1988.

With 237 full-time employees and 200 volunteer boating education instructors, Louisiana Wildlife & Fisheries under-takes law enforcement, boating safety education, outreach, and search and rescue duties, as well as handles marine permits.

Maryland Maryland has wonderful boating opportunities, including

a number of water trails that are perfect for canoes, kayaks and small boats and miles of waterways to discover on larger boats. There are approximately 212,000 registered boats in the state, meaning boaters need to be aware of their actions out on the water.

In the interests of boating safety, Maryland enacted a manda-tory boating education law in 1987, becoming the first state to do so. Maryland’s Boating Safety Education Act requires that any person born on or after July 1, 1972, who operates a regis-tered or documented pleasure vessel on Maryland waters, be in possession of a NASBLA-approved certificate of boating edu-cation. Certain safety equipment is also required on all boats.

Effective April 1, 2010, Maryland law states that all children under the age of 13 must wear a U.S. Coast Guard-approved life jacket while underway on a recreational vessel under 21 feet in length on Maryland waters. This includes motorboats, sailboats, canoes, kayaks, rowboats, and any other device capable of being used for transportation on the water, when the vessel is being used for activities other than commercial purposes.

The Maryland Natural Resources Police (MD NRP), Safety Education Division, works with over 330 boating safety in-structors to provide classroom education as well presentations and demonstrations at state and county fairs, schools, boat shows and other venues. The mission of the Safety Education Division is to provide the boaters of Maryland the necessary information to operate a vessel safely on the waterways and also to make their experiences as enjoyable as possible. Safety always plays an important role in maximizing the enjoyment of outdoor activities. With a program that focuses on this aspect, the MD NRP hopes to provide boaters from across the state the materials and education to do just that.

Massachusetts With nearly 1,500 miles of coastline, four major river

NASBLA treasures its member states

The Maryland Natural Resources Police recently wrappeda department vehicle to promote the Wear It! program.

During a boating safety event, John Annino, Connecticut boating education coordinator, assists a woman who’s wearing Fatal Vision® goggles that simulate the visual impairment caused by alcohol or other drugs.

A young boy receives boating safety materialsat the Kansas Wildlife & Parks booth.

Louisiana Wildlife & Fisheries agents performon-water patrol duties.

Texas Parks & Wildlife officers issue a warning to a boater.

Ed Lyngar, boating education coordinator with the Nevada Department of Wildlife, discusses boating safety with a local reporter.


member STATeS cont.

systems, hundreds of lakes and ponds, as well as the Quabbin Reservoir, Massachusetts offers a diverse spectrum of boating opportunities to residents and visitors alike.

In 1985, the Massachusetts Marine and Recreational Vehicles, which dealt with recreational boating and recreational ve-hicles, and the Massachusetts Department of Natural Resourc-es, which employed both coastal and inland game wardens, merged into one agency – the Environmental Police. With 10 full-time and 85 part-time employees, the Massachusetts Environmental Police (MEP) is the commonwealth’s primary marine enforcement agency, ensuring boater compliance with boating laws and regulations on both inland and coastal water-ways. Additionally, MEP provides boaters with boating safety education and boating safety awareness campaigns.

nevadaNevada’s recreational boating safety program was established

in 1964 and the state’s first boating law administrator was hired in 1971. The state implemented the first statewide boating com-munication (via radio system) in 1985. Nevada passed boating under the influence legislation in 1987 and a mandatory boating education bill in 2001. The state met the National Transportation Safety Board’s requirements for boating safety in 2007.

The Nevada Department of Wildlife (NDOW) serves as the boating safety, education and enforcement agency for the state. With 18 primary and 16 secondary boating duty employees, plus two part-time, the agency is responsible for law enforcement, boating education and safety outreach, licensing and accident investigation. Following the drowning death of a Douglas County (Nevada) deputy sheriff, NDOW implemented a policy in 1997 mandating that officers wear life jackets when on the water.

Incidentally, two of NASBLA’s presidents have come from Nevada – Tom Atkinson in 1989 and Fred Messmann in 2004.

texasTexas has more than 1,260,000 surface acres of freshwater

lakes, 2,111,000 surface acres of saltwater bays, and some

80,000 miles of rivers and streams, providing plenty of water for pleasure cruising, sailing, paddling, swimming, fishing, ski-ing and hunting.

In 1945, Texas passed the first recreational boat-related statute requiring mufflers on motorboats operating within half a mile of any residence. Four years later, the state passed legislation that prohibited boating while intoxicated and set a fine of $5 to $100. Taking another step toward safer boating, Texas began re-quiring life jackets on rental boats on inland waters, with game wardens and all peace officers enforcing the regulation.

In 1959, the Texas Water Safety Act was passed. This legisla-tion required numbering, boat accident reports and hull identification numbers on boats. It also established a list of required equipment for motorboats, including life jackets on all motorboats. Amendments were made to the Texas Water Safety Act in 1965, including operational restrictions, sound-producing devices, fire extinguishers, flame arrestors, bilge ventilation and mirrors while towing skiers.

In 1969, all recreational boating-related powers, duties and authority of the Highway Department were transferred to the Texas Parks & Wildlife Department (TPWD). Three years later, boat ramp construction duties were added to the depart-ment. Also in 1971, TPWD developed the current numbering format and adopted a standardized buoy marking system. The state also passed legislation requiring life jackets be worn by passengers 12 and under on certain motorboats.

In 1979, counties were allowed to assist in boat registration and the issuing of boat titles.

1989 saw Texas set the minimum age limit for operators at 12 years old to operate a vessel without supervision. Two years later the state began requiring boater education for persons ages 13 to 17. In 1997 TPWD began allowing the completion of a boater education course in lieu of a fine for certain offenses.

With 535 full-time employees, along with the help of about 1200 county and municipal workers, TPWD undertakes boating safety enforcement duties, provides boating safety courses and performs general outreach to boating constitu-ents, including dealers and manufacturers.

A young boater tries out the Texas Parks& Wildlife’s personal watercraft simulator.

A Massachusetts Department of Natural Resources officer performs a patrol circa 1975.

While on a docked houseboat at a BUIcheckpoint, Nevada BLA Dave Pfiffner writes a citation for a boater.


continued from page 5

scott brewen oregon

Scott Brewen, from Dallas, Ore., became the boating law administrator for Oregon on May 17, 2010, when he was selected to take the helm of the Oregon State Marine Board.

Brewen has worked in public safety training and human resources for the

state of Oregon for past 10 years. Prior to working for the state, he served nine years as an officer in the U.S. Coast Guard, serving on three ships and one training com-mand. While with the Coast Guard, he served as a boarding officer and maritime law enforcement instructor as well as the Commanding Officer of a coastal patrol boat in Oregon, with primary responsibilities for federal fisheries and boat-ing safety enforcement.

Brewen has extensive boating knowledge and enthusiasm for boating and enjoys taking to the water on his 22-foot Catalina sailboat. In addition to his participation in NASBLA and the Western States Boating Administrators Association,

Brewen’s other maritime obligation is with the Merchant Marine Reserve program with the U.S. Navy. This requires him to maintain his unlimited tonnage Chief Mate’s license and fulfill a two-week annual training obligation.

When asked his views on the biggest pressing need in boating safety today, Brewen said, “As areas around various waterways become more congested, waterway conflict seems to have become a bigger issue. This can potentially create a more dangerous environment and increases the need for law enforcement presence.”

He added that this issue is particularly visible between non-motorized boaters and skiers/wakeboarders – two groups that have very different views of the boating experience.

Brewen said this issue increases the pressure to pass rules to limit access or operations in areas where these conflicts exist. “On the one hand we have a responsibility/duty to try to keep the waterways safe, while on the other hand we have to be very cautious of legislating social con-flict,” he added.

He said he would like to spend time addressing the issue of waterway conflict through mediation first, rather than going directly to legislative remedies.

new BLAs cont.

by helping investigators better capture accident scenari-os that cannot be accurately or adequately defined using current options and further guiding data entry personnel in their interpretation and entry of accident report data. The guidance also encourages officers to delve into inci-dents to identify and list secondary and tertiary factors that can add depth to analyses, and discourages overuse of catch-all categories.

On the heels of those efforts, the committee has been working through some additional updates to the guide-lines, and developing a similar set of guidance for catego-ries and definitions associated with vessel types, activity and operations.

In a stroke of good timing, that project work coincides with and will feed into the response to a related and significant effort at the national level to improve the ef-ficiency and effectiveness of data systems. On May 7, the Coast Guard took a long-awaited step and issued a notice of proposed rulemaking to align, update and clarify terms and definitions common across BARD, the Standard Numbering System, and the Vessel Identification System [Docket No. USCG-2003-14963]. Among other purposes, the proposed changes are intended to help leverage the ability to coordi-nate data from all three databases to facilitate and enhance boating safety, law enforcement, and maritime security.

it isn’t just “us”Data issues and challenges are not unique to boating ac-

cident reporting systems and processes.In a recent report the U.S. Government Accountability

Office, assessed the quality and performance of the states’ traffic safety data systems (GAO-10-454, April 2010). It found variations in timeliness, consistency, completeness, and ac-curacy, among other performance measures, and described the significant resource and coordination challenges within states as they tried to make progress.

Depending on your perspective, it might be either comforting—or discomforting—to read some familiarity into the themes of the GAO findings. What might be more encouraging to know is that GAO still found improvements as states developed strategies to overcome those challenges.

And that does not have to be unique to traffic safety data systems.

continued from page 13

For copies of all of the research products compiled by ERAC in 2009, and for more information on 2010 products as they become available, visit the committee’s page at http://www.nasbla.org.

boating BRIeFS


smalley inducted into national boating safety Hall of fame

Minnesota Department of Natural Resources (DNR) boating and water safety specialist Tim Smalley has been inducted in the National Boating Safety Hall of Fame. Smalley was honored March 31 during the National Safe Boating Council (NSBC) conference.

“Our hall of fame honors individuals who have shown exemplary leader-ship and performed outstanding service on behalf of safe boating,” said NSBC Executive Director Virgil Cham-bers. “Tim Smalley’s work has changed the face of boating safety outreach and education, not only in Minnesota but across the country. He is a true cham-pion of boating safety.”

During his 25 years with the DNR, Smalley has contributed in countless ways to the recreational boating safety community. He’s worked on innova-tive television and radio public service announcements (PSAs) and other public outreach campaigns that have been used in Minnesota and 30 states, a number of federal agencies and in Canada. The ads and PSAs also have won dozens of regional and national advertising awards.

In addition to writing Minnesota’s boating safety course, Smalley has also collaborated on a number of books and publications on boating safety;

survival, water rescue and ice rescue for Minnesota, United States, Canada and the United Kingdom.

The NSBC includes more than 330 U.S. and Canadian organizations and is the foremost coalition for the advance-ment and promotion of safer boating through education and training.

BEAP bestows first boat show display award

John Annino, Connecticut boating education coordinator, received the first Boating Safety Advisory Panel (BEAP) Boat Show Display Award dur-ing the 2010 International Boating & Water Safety Summit for his state’s out-standing exhibit. Connecticut’s display was the favorite among attendees who voted on the entries.

The Boating Education Advisory Panel (BEAP) provides a forum for state boating education professionals to share ideas and resources, includ-ing boating education best practices, award-winning public service an-nouncements, eye-catching graph-ics and logos, and a virtual library of captions, concepts and collateral materials. This serves to promote boating safety, foster interstate boat-ing safety education cooperation and coordination among members of the National Association of State Boating Law Administrators, and improve state boating safety education programs.

Four Missouri officers receive MAdd Awards

For more than 50 years, the Mis-souri State Water Patrol has helped set the standard for law enforce-ment on the waterways. Last year, the Water Patrol was honored to be contacted by the Southern California Research Institute to assist in vali-dating sobriety tests on the water that accurately detect impairment caused by a blood alcohol content of .08 or more. After a series of studies in a laboratory setting, four marine environment tests were chosen to be assessed by water patrol officers on Missouri’s waterways.

Four officers—Corporal Scott Lance, Patrolman Dean Bartlett, Patrolman Eric Mueller and Patrol-man Dustin Metzner—were selected for the validation study because of their outstanding enforcement re-cords and attention to detail. Lance, Bartlett, Mueller and Metzner were given training in administration of the tests by the Southern Califor-nia Research Institute. The officers’ enforcement routine on Lake of the Ozarks – one of the nation’s busiest recreational waterways – proved ideal for gathering the data to assist the institute in analyzing the accu-racy of standardized field sobriety tests on the water.

The study took place during the 2009 boating season. The results will be evaluated by the National Associa-tion of State Boating Law Administra-tors (NASBLA) in conjunction with the U.S. Coast Guard and results will be published later this year. The project was organized by NASBLA and funded by a grant from the Sport Fish Restoration and Boating Trust Fund, administered by the U.S. Coast Guard.

Following completion of the study, Lance, Bartlett, Mueller and Metzner were recognized by the Mid-Missouri Chapter of Mothers Against Drunk Driving. The MADD honor is awarded to a person or persons who contribute

Veronica Floyd, National Safe Boating Council chair, presents Tim Smalley with the Boating Safety Hall of Fame award.

John Annino, Connecticut boating education coordinator, accepts the first BEAP Boat Show Display Award from Tim Smalley, Boating Education Advisory Panel chairman.


boating BRIeFS

to the accomplishment of MADD’s goals of stopping drunk driving and preventing underage drinking.

Maryland raises Pfd age requirement

In April, Maryland Gov. Martin O’Malley signed a bill into law to strengthen protection of children on the state’s waterways.

The new law, effective immediately, raises the age for the mandatory wear-ing of life jackets from “under the age of 7” to “under the age of 13” while underway on a recreational vessel under 21 feet in length. This brings Maryland’s law in line with federal regulations as well as the regulations of most other states.

The law will also require children under the age of 16 to possess a certifi-cate of boating safety education before they can operate a vessel unless they are supervised by an adult or someone 16 or older who has a boating safety certificate, effective Oct. 1.

“A life jacket is the single most important piece of safety equipment, but it doesn’t work unless you wear it,” said Col. George Johnson, superinten-dent of the Maryland Natural Resourc-es Police and Maryland’s boating law administrator. “This law will provide an added measure of safety for our

children boating on Maryland waters.”

Raising the age requirement puts Maryland in line with federal regulations and 34 states, including Delaware, Pennsylva-nia, West Virginia and Washington, DC. The federal regulations do not supersede the state, but the National Transportation Safety Board strongly encour-ages states to update their PFD require-ments.

california releases 2009 boating accident statistics

In California, the overall number of boating accidents continues to fall. This decrease has been primar-ily attributed to the state’s economic slowdown.

A total of 633 recreational accidents, 404 injuries, 49 fatalities and nearly $4.5 million in property damage were reported to the Department of Boating and Waterways (DBW) in 2009.

The accident totals were the lowest since 1989 when 632 accidents were reported. But injuries and fatalities were slightly higher than 2008 totals. The decrease in accidents may be at-tributed to the fact that a number of law enforcement agencies had to cut marine law enforcement staff due to

budget restrictions and were unable to respond to non-injury and non-fatal accidents.

Accidents decreased on every type of water body in California in 2009 except northern lakes where they in-creased 34 percent. The year 2008 was an unusually dry year for California, resulting in low water levels on many lakes. Increased rainfall in 2009 raised water levels, making them more attrac-tive boating destinations. Other statistics:• Most common type of accident: colli-sion with another vessel (33%). • Most common cause of accidents: operator inattention (36%).• The leading causes of fatal boating accidents were operator inattention (22%), operator inexperience (22%) and excessive speed (20%). • Only 16% of boat operators involved in accidents had taken a formal boat-ing safety course (where information was known).• Alcohol use was a factor in 41% of all fatal accidents (where testing could be conducted). • The vast majority of drowning victims (85%) were not wearing life jackets.• Where swimming ability was known, 81% of victims knew how to swim, but drowned due to cold water, alcohol use or injuries rendering them unable to swim.

DBW will use these statistics to strengthen its on-the-water safety and

Ptlm. Eric Mueller, Ptlm. Dustin Metzner, Cpl. Scott Lance and Ptlm. Dean Bartlett (not pictured) received awards of appreciation from Robbie Pace-Courtright, a volunteer with Mothers Against Drunk Driving, for their work in helping validate on-water field sobriety tests. Missouri State Water Patrol photo

California boat operators arerequired to file a writtenreport to dBW when:

• death, disappearance, or aninjury that requires medicalattention beyond first aid.

• Total property damagein excess of $500, or

• Complete loss of a vessel.

California does not have acentralized law enforcementagency that is responsible for

responding to boating accidents.Instead, more than 100 agencies,

including local police and firedepartments, county sheriffs,

state and county parkdepartments, and federal

agencies including the u.S. CoastGuard report accidents to dBW.


boating BRIeFS cont.

education programs such as the Wear It California! life jacket initiative and the “Responsibility” campaign that reminds water users: “If it’s your boat, it’s your responsibility.”

To view the “2009 California Boat-ing Safety Report” in its entirety, visit http://www.dbw.ca.gov.

sea tow names new hiresSea Tow Services International,

the world’s largest marine assistance provider, announced the promo-tion of Robert Backhaus to vice president of operations, along with two additions to its corporate staff: Christine de la Garza, director of marketing, and Cindy M. McCaffery, director of sales & training. These key staff appointments are part of Sea Tow’s ongoing initiative to raise its brand awareness worldwide and to improve customer service to its franchise owners and, through them, its entire membership.

In his new role as VP of Operations, Robert Backhaus, commander, USCG (retired) supervises field operations with the mission of maximizing quality control, sales and satisfaction within the company’s international network of franchise owners. Back-haus also oversees strategic planning and day-to-day operations of the department in order to achieve goals, objectives and budget targets.

Christine de La Garza’s new role as Sea Tow’s director of marketing entails identifying, evaluating and implementing integrated marketing strategies across all Sea Tow product divisions; brand management and franchise relations and development.

As the new director of sales & training, Cindy McCaffery’s respon-sibilities include working with Capt. Tim Wilson, VP of franchise devel-opment, to expand Sea Tow’s sales training program, boat show and event management program and sales programs such as Sea Care, box membership sales, Refer-a-Friend, Trailer Care, etc.

u.s. fish and Wildlife grants $12.8 million under clean Vessel Act grant

U.S. Fish and Wildlife Service acting Director Rowan Gould announced in May $12.8 million will be awarded to 31 states under the Clean Vessel Act grant program in 2010. The grants will be used to fund the construction and installation of sewage pumpout facilities and floating restrooms, to pur-chase pumpout boats and to provide educational programs for recreational boaters, as they have been since the program’s inception in the early 1990s.

“Clean Vessel Act funding sup-ports the construction of facilities in communities that depend largely on recreational boating for their econo-my – and depend on clean water for their health and the health of their environment,” said Gould. “In a time of economic uncertainty, these grants also provide an immediate investment in construction jobs and infrastruc-ture that provide lasting value for recreational boaters, state agencies and local communities.”

To date, the Clean Vessel Act grant program – administered by the U.S. Fish and Wildlife Service – has awarded more than $172 million to states. Fund-ing for the program comes from the Sport Fishing and Boating Trust Fund, formerly known as the Aquatic Re-sources Trust Fund, which is supported by excise taxes levied on certain fishing and boating equipment and boat fuels.

The complete list of all 31 states receiving grants and their programs is online at http://bit.ly/aYsm52.

10 states receive major boating grants

In April, Secretary of the Interior Ken Salazar announced the award of more than $12 million in competitive grants to 10 states ranging from Oregon to Florida for 13 boating infrastructure projects. The grants, which will help fund construction of docks, boat slips and other facilities to support recreational boating, are made avail-able through the U.S. Fish and Wildlife Service’s Boating Infrastructure Grant (BIG) program.

“The Boating Infrastructure Grant program is one of the many ways we support access and provide quality outdoor opportunities for the nation’s recreational anglers and boaters,” said Secretary Salazar. “These grants also support major construction projects, creating jobs and providing much-needed economic benefits.”

Funding for the BIG program comes from the Sport Fishing and Boating Trust Fund, which is supported by excise taxes on certain fishing and boating equipment and boat fuels. The Service will also release more than $2.9 million to 31 states, commonwealths and territories willing to match a smaller, non-competitive grant program known as BIG Tier One funding.

The Service received a total of 22 eligible applications from 13 states for the competitive grants.

For the full news release, visit http://bit.ly/aL1BOG.

noAA expects busy Atlantic Hurricane season

An “active to extremely active” hurricane season is expected for the Atlantic Basin this year according to the seasonal outlook issued May 27, 2010, by NOAA’s Climate Prediction Center – a division of the National Weather Service.

Across the entire Atlantic Basin for the six-month season, which began June 1, NOAA is projecting a 70 percent probability of the following ranges:• 14 to 23 named storms (top winds of


39 mph or higher), including: • 8 to 14 hurricanes (top winds of 74 mph or higher), of which: • 3 to 7 could be major hurricanes (Category 3, 4 or 5; winds of at least 111 mph).

“If this outlook holds true, this season could be one of the more ac-tive on record,” said Jane Lubchenco, Ph.D., undersecretary of commerce for oceans and atmosphere and NOAA administrator. “The greater likelihood of storms brings an increased risk of a landfall. In short, we urge everyone to be prepared.”

The outlook ranges exceed the seasonal average of 11 named storms, six hurri-canes and two major hurricanes. Expected factors supporting this outlook are:• Upper atmospheric winds conducive for storms. Wind shear, which can tear apart storms, will be weaker since El Niño in the eastern Pacific has dissipated. • Warm Atlantic Ocean water. Sea surface temperatures are expected to remain above average where storms often develop and move across the Atlantic. • High activity era continues. Since 1995, the tropical multi-decadal signal has brought favorable ocean and atmospher-ic conditions in sync, leading to more active hurricane seasons.

NOAA scientists will continue to monitor evolving conditions in the tropics and will issue an updated hurricane outlook in early August, just prior to what is historically the peak period for hurricane activity.

Marine Marketers launch new initiatives

Marine Marketers of America (MMA) has launched two new initiatives for the boating in-dustry: a marketing program to support dealer-based women’s boating education and a new online resource center.

The Boating Education and Safety Training (B.E.S.T.) Course - Just for Women was developed by MMA to help retail dealers offer training to give women the knowledge, skills and con-

fidence to operate a boat safely. MMA has created a marketing toolkit that can be used by dealers to implement local training courses. The package includes logos, advertising slicks, brochures, direct mailers, radio scripts, a sample press release and other elements, which can be tailored as needed. It also provides helpful hints for establishing and con-ducting local courses based on success-ful women’s boating training programs implemented by other dealers. It can be downloaded from MMA’s website.

“We developed this dealer-based wom-en’s training program to foster boating safety, and to give dealers a selling tool to build qualified leads and close sales,” said Jim Rhodes, pro bono committee co-chair. “As marketing professionals, we set out to create a branding umbrella and marketing tools that will enable dealers to launch their own training courses reaching out to women.”

MMA has also redesigned its website, http://www.marinemarketersofamer-ica.org, to become a major Internet portal for all who market recreational marine products, causes and services. It has been developed in cooperation with Mad Mariner, which provides creative and technical support. The marine marketing group’s evolving site seeks to bring together the current news, opinions, statistics, links, and blogs from throughout the industry plus provide forums, professional development, a job bank, speakers’ bureau, and member directory.

Jury finds Brunswick partly responsible in accidentfrom Boating Industry

In April a federal jury found Brunswick Corp. partially liable for a 2005 incident in which a teen’s leg was severed by a propeller. Jurors ordered the company to pay $3.8 million in medical expenses and damages.

After deliberating for about seven hours, jurors found that Brunswick shared more than half of the blame for the accident. Jurors also found the teen responsible as well as the driver of the boat.

Brunswick officials said in a statement following the trial that while they remain sympathetic to the plaintiff, they are “nevertheless disappointed with today’s verdict.” The company said it will evaluate its options going forward, including a possible appeal.

“Brunswick Corporation and Mercury Marine stand behind our products, which are used safely and properly by boaters around the world,” the company stated.

Jacob Brochtrup, who was 18 at the time of the accident, sued Sea Ray Boats Inc. and Mercury Marine for liability in 2007. The accident oc-curred when he had been celebrat-ing the July Fourth weekend wake-boarding with three friends.

Brochtrup had jumped into the wa-ter to grab a tow line. Unaware that Brochtrup was in the water, 18-year-old driver Patrick Houston put the boat in reverse. The propeller caught the top of Brochtrup’s right leg.

According to the suit, the manufac-turer of the boat and motor did not have safety devices, including guards or covers. Boat makers recently pre-vailed in two similar suits nationally that involved older-model boats.

Hurricane Ike, 2008.NoAA photo

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government AFFAIRS


Various events over the past decade have cast a bright light on the unique partner-ship between the U.S. Coast Guard and state boating law administrators and their marine enforcement agencies. This alliance contin-ues in full force today as the state boating enforcement agencies remain true partners and force multipliers within every Coast Guard District, sector, and local Search and Rescue Station along our nation’s coastline as well as on our Great Lakes and interior navigable waterways.

Not requiring further proof of this special relationship, we have nevertheless wit-nessed it again – as with past experiences – in the face of disaster. On April 20, 2010, an explosion occurred on the offshore drilling rig Deepwater Horizon that would once again stretch federal and state resources to the breaking point.

At press time, it was still a matter of debate how much oil exactly has been spewing into the Gulf of Mexico, but latest estimates put it between 30,000 and 80,000 barrels per day. Such an environmental catastrophe, not unlike previous disasters, is a daunting task for those charged with responding.

State maritime agencies have resources that can be deployed efficiently and are familiar with the local framework necessary to fit together in the nation’s overall strategy to protect the public. Through their estab-lished partnerships, they help to balance the local/regional maritime resources, especially when specific sectors fall under different federal authorities and regulations.

As the Gulf example shows, this partner-ship between federal and state partners is not only vital for homeland security efforts but is truly fundamental for all-hazards response. However, disaster events requir-ing a regional response can drain the states’ operational budgets, sometimes causing immediate cutbacks and requiring limited operations. A larger program is needed to

provide another tool to our federal partners in terms of homeland security.

NASBLA has for several years advocated for the creation of a Marine Security Grants program. Such a program would provide funding to cover personnel services, use of existing equipment, purchase and replace-ment of equipment and fuel, maintenance, and maritime homeland security train-ing. These funds are critical to the states’ maritime enforcement agencies because of the accelerated rate of maritime homeland security and disaster missions.

This NASBLA proposal will not diminish the eligible dollars to any given state. By enhancing the current state-directed home-land security program money and allowing the U.S. Coast Guard to administer a partner-ship program with state maritime enforce-ment (i.e., through the boating law adminis-trator), these homeland security dollars will help mitigate the single largest security and funding gap – national maritime security, as identified by the Coast Guard’s Small Vessel Information Gap Analysis.

Homeland security funding to the states traditionally has not been made available to the states’ boating agencies. As a result, little of that money has gone to the primary U.S. Coast Guard partners who patrol the na-tion’s waterways daily. In most cases, these state agencies are the first responders in the marine environment.

Employing these community-based, well-trained, properly equipped maritime resources adds a frontline layer of security to detect, deter, interdict and avert threats. These state forces are capable of providing protection and deterrence by being vis-ible, vigilant, mobile, adaptive and capable of generating an effective and sustained presence. Most importantly, as we have seen in the Gulf, this program is also key in providing training and staff necessary for responding to all threats, be they terrorism or environmental/natural disaster.

Early lessons fromthe Gulf Coast disaster

Matthew LongNASBLA Government

Affairs director


coast guard CoMMeNTS

A program with a reason

It’s not unusual to hear someone in the public question why a federal, state or local government program ex-ists. Do we really need that program? Couldn’t we accomplish the desired result in a different way? Isn’t there a better use for my tax dollars?

Let’s look at how this applies to the National Recreational Boating Safety Program. First, do we really need this program? Recreational boating is one of the premier recreational activities in the U.S. There is a great diversity of waterways in our nation that provides for an unlimited variety of boating experiences. Whether you prefer pow-erboating, sailing, paddling or some other form of boating, it’s readily avail-able to you here.

In fact, recreational boating is so di-verse in the U.S. that participation has boomed. The number of registered powerboats soared from the begin-ning of the federal numbering system in the 1950s through the turn of the millennium. And recently, the number of unregistered paddlecraft has grown exponentially. Industry figures indi-cate that over 3 million kayaks have been sold in the last decade alone.

All forms of recreation have a risk associated with participation, and recreational boating is no exception. The hundreds of lives lost each year in boating, along with the thousands of injuries and millions of dollars in property damage, generate a concern from the boating public that results in the call for the existence of our pro-gram. The public expects an enjoyable experience when they boat, which includes a level of safety.

To measure the level of safety that is desired and to help decision-makers develop informed decisions, they

need data. This data includes infor-mation on the number and types of boats, the boating participants them-selves, their levels of participation, and especially information about the accidents, injuries and deaths that are occurring in the boating world.

To address the accidents, recreation-al boating safety laws primarily began at the federal level a century ago, when the requirement to carry life jackets was first enacted. Since then, numerous laws have been implement-ed at all levels of government. The impact of the initial laws was not eas-ily noticeable. So, in 1958 and 1971, Congress significantly increased the requirements related to boating and delegated the responsibility to the Coast Guard to oversee the National Program. Since that time, the number of deaths has experienced a dramatic decrease, even though the number of boats and boaters soared during this same time period.

The question now is, are we there yet? Is the current number of deaths, injuries and accidents at an accept-able level? If this level is acceptable, do we still need the National RBS Program to exist? If not, do we need it to evolve from what it is today?

Nearly every day, I read the accident reports that come in or I hear from a distraught family that has lost a loved one due to a boating accident. These reminders, along with the other messages that we receive from the Administration, Congress, our state and volunteer organizations and other partners, and from the general boating public continue to let us know that we’ve experienced great success to date, but that we are “not there yet.” We need to further reduce the trag-edies that are occurring.

The next question is “Couldn’t we accomplish the desired result in a different way?” The response to that

is “yes and no.” Many of the initiatives that have been used over the past 40 years have been and continue to be very effective. These, once tested and shown to be effective, need to con-tinue to be utilized. For those initia-tives that do not prove to be effective, then perhaps it is time for change to take place. (We’ve witnessed several new initiatives being implemented over the past 10 to 20 years, from mandatory education, life jacket wear and drunken boating restrictions, to consideration of methods to resolve carbon monoxide poisoning and pro-peller strike injuries.)

Lastly, isn’t there a better use for my tax dollars? Boating safety is one of a few unique programs in our nation where the users totally support the federal programs that they receive. This is often called the “user-pay, user-benefit” concept. In fact, no general fund dollars are used to support the National RBS Program. Rather, the program is supported by motorboat fuel tax dollars and other revenues that are specific to the recreational boating and fishing community. These dollars go into the Sport Fish Restora-tion and Boating Trust Fund, which is dedicated solely to supporting boat-ing and fishing programs.

So, given the need for the RBS Program, the evolving approaches to reducing boating accidents and deaths, and the fact that the tax dol-lars that support this program are totally user-based, I hope that you will ask yourself whether the “reason” for this program is justified. We feel that it is an essential program, and thanks to all of the outstanding efforts of the recreational boating safety partner-ship we are fulfilling our responsibil-ity and being effective at reducing boating accidents, injuries and deaths – thus making boating a safer and more enjoyable American pastime.

Jeff HoedtChief, Boating Safetydivision officeof Auxiliary and Boating Safetyu.S. Coast Guard


A program with a reason Boating accidents by Michael J. baronProgram operations Branch, Boating Safety division,office of Auxiliary and Boating Safety, u.S. Coast Guard

“If you want to inspire confidence, give plenty of statis-tics. It does not matter that they should be accurate, or even intelligible, as long as there is enough of them.” This is according to Charles Lutwidge Dodgson better known by his nom de plume, Lewis Carroll, best known for his children’s books Alice’s Adventures in Wonderland and its sequel Through the Looking Glass.

In life Dodgson had many occupations: author, clergyman, photographer and mathematician. He wrote a dozen books regarding mathematics, and according to one account “his contributions to math are considered unremarkable.”

We need accurate statistical data, and thankfully our part-ners in boating safety don’t subscribe to the opinions of Mr. Dodgson. The need for relevant statistical data on boating accidents is not new. Mandated in the Federal Boating Act of 1958, a compilation of recreational boating accidents, in-juries, and fatalities be incorporated into an annual publica-tion, The Recreational Boating Statistics.

Annually the Boating Safety Division compiles all the data received and produces a statistical report on recreational boating accidents. The report is a national perspective of the causal factors and types of accidents reported as well as operator and passenger information, casualty summary details, accident types and registration information.

The data serves numerous functions on all governmental levels. The Coast Guard utilizes the data in numerous publica-tions including the Coast Guard Budget in Brief, the Marine Safety Performance Plan, and the Coast Guard Posture Plan. It is also used by the Department of Homeland Security in set-ting goals, developing budgets and evaluating how well we are meeting our performance goals. Our partners use the data as well. NASBLA committees have requested data on non-compliance in equipment carriage requirements, and casualties by age, boat type, cause of death, cause and type of accident, and activity. The National Boating Safety Advisory Council (NBSAC) uses the data to measure the impact of the National Recreational Boating Safety Strategic Plan. Other groups using the information are our nonprofit organization partners such as the National Safe Boating Council (NSBC) and the National Water Safety Con-gress (NWSC). Universities, the media and insurance agencies also use the statistics to identify areas of success or areas of concern for the boating safety program.

So have we been successful? In 1960, the first year these statistics were assembled into an annual report, there were 33.4 fatalities per every 100,000 boats. Compare that with the 2008 numbers of 5.6 deaths per every 100,000 boats, what a dramatic decrease!

A lot has happened in the 52 years since we began com-

piling the data. There have been mandates by federal laws and regulations such as the Federal Boat Safety Act of 1971 requiring boat manufacturers to incorporate safety features into the construction of their recreational vessels, other important regulations that were promulgated; specification of the types of life jackets that were required to be carried, a federal standard for boating under the influence, and a child life jacket wear regulation to name a few. There have been state mandates as well, specifically mandatory boating safety education for recreational boaters.

The development of voluntary standards by the American Boat and Yacht Council, recommendations received from the National Transportation Safety Board and the National Boating Safety Advisory Council, development of minimum standardized content for boating education courses by NAS-BLA, and the outreach and use of branded messages by the NSBC and NWSC have all played a major role in our success.

Can we do better? What can you do to help? If you are responsible for conducting accident investigations and gathering data, ensure completeness of the information that you provide. For example, providing an accurate date of birth on an accident report could help determine the ef-fectiveness of birth date based education laws or measuring the compliance of age based boating laws. Providing an ac-curate cause of the accident could lead to a determination of failure in manufacturing standards if there is a trend in machinery or equipment failure. Capturing operator experi-ence may indicate areas of concern for the RBS program and could help determine future outreach campaigns.

Accident narratives are another aspect of the Boating Ac-cident Report (BAR) where providing detailed information can improve the statistical data. In some cases this is better than the canned information as it allows for some deviation from the allowable choices. Narratives should be written to “paint the picture.” Remember, the individual reading the narrative wasn’t on scene. Using vivid words and descrip-tions allows the reviewer to have a better understanding of what happened and make better decisions of the causal factors involved. Having that knowledge to articulate and describe the difference between sinking, capsizing, and flooding/swamping will only help improve the accuracy of the annual report.

It has been said that “There are three kinds of lies: lies, damned lies and statistics.” By continuing to review the process and ensuring accuracy of the data, the statistics will continue to be the source we turn to instead of “lies” so that we can continue to make improvements based on sound information. Working together we can continue to make recreational boating safer.

partner PersPectiVes


With Memorial Day weekend, boating season officially began in most of the country. This time of year, early in the boating season, waterways will be crowded on the weekends with boats that haven’t been in the water since last fall. Impatient boaters will be aggravated by the gridlock at the launch ramps. There will be lots of sun and ice chests full of beverages…you know the scenario. As the saying goes, “an accident just waiting to happen.”

Collectively, we teach a lot of classes but still barely make a dent. I was thinking of an outreach mission the Coast Guard Auxiliary does, and seeing it in a different light. I’m referring to the Recreational Boating Safety Visitation Program (RBSVP). Traditionally, it focused on marine dealers and provided a conduit between the boater, the dealer and the Auxiliary to disseminate federal and state regulations, recall information, and boating safety classes/vessel safety check contacts – from us to the dealer to the boater.

Recently, though, the program was restructured and significantly expanded. Today, in addition to marine dealers, other local businesses are asked to be partners with us in recreational boating safety. The focus is to build long-lasting

relationships with the recreational boating community as a whole and multiply the number of voices spreading the messages to local boaters. And, our messages have expanded as well. In addition to boating safety information, the Program Visitors share information on marine safety and maritime domain awareness, using such resources as America’s Waterway Watch. In our communities, there are many businesses that touch recreational boating in some

fashion. By visiting them, making them aware of the RBSVP and its benefits to the community, and having them become a partner, we’ve exponentially increased our outreach.

Auxiliarists who are qualified as Program Visitors (PV) are far more than “rack stuffers.” Yes, our literature display racks are a key piece of the outreach, but the overarching purpose for the program is to be educators and build those relationships. The body of knowledge the PVs acquire through their training is well rounded, with knowledge of

the Coast Guard RBS programs, local, state and federal requirements, the Vessel Safety Check program, Auxiliary missions, and RBSVP Best Practices. PVs are a tremendous resource. With timely and regular visits, the Program Visitor builds and maintains both the working relationship and mutual confidence and trust. Who benefits? The boaters in the community.

Outreach and awareness does make a difference between an accident waiting to happen and an accident that doesn’t happen. Encourage anyone in your community whose business touches boating in some way to become a Recreational Boating Safety Partner with us as and we’ll have that many more voices spreading safety and security messages!

robin freemanNational directorate

Commodore for Recreational Boating Safety

u.S. Coast Guard Auxiliary

Outreach works toreduce accidents

David N. Vanhoven, FSO-MS-VE, Flotilla 11-02 (Hendersonville, Tenn.),teaches a boating safety class at Boaters World. u.S. CoastGuard Auxiliary photo

“It was like a bolt of lightning hit us outta nowhere. It was another boat. It just goes to show you things happen. In a split second your whole world can change.”

On August 1, 2009, two airboats collided on a narrow canal where

vegetation created a blind turn, resulting in a fatal accident. Sean

Murphy, a survivor of the tragedy, relates his tale in “Blind Corners,” a

segment in Boat Ed’s “Safety Matters” campaign, a growing collection

of real-life video testimonials on the importance of boating safety.

Outreach works toreduce accidents

ReCReATIoNAL BoATING SAFeTY cALendAr2010-2011

NON-PROFITU.S. POSTAGE

PAIDLEXINGTON, KYPERMIT NO.1042

July-August 2010 | VoL. 25 No. 4

1500 Leestown Road, Suite 330 Lexington, KY 40511

CHANGE SERVICE REQUESTED

August––––––25-29u.S. Coast Guard AuxiliaryNational ConferenceScottsdale, Arizonahttp://www.cgauxa.org/nacon

30-sePt. 4united States Power SquadronsGoverning Board MeetingBellevue, Washingtonhttp://www.usps.org888.367.8777

sePteMber––––––10-14National Association of State Boating Law AdministratorsAnnual ConferenceHonolulu, Hawai’ihttp://www.nasbla.org [email protected]

26-29Association of Fish & Wildlife Agencies100th Annual MeetingGrand Rapids, Michiganhttp://[email protected]

27-30Working Waterways & Waterfronts National Symposium on WaterAccess 2010Portland, Maine http://www.wateraccessus.com

28-30International Boatbuilders’ exhibition and ConferenceLouisville, Kentuckyhttp://www.ibexshow.com

october––––––1-2National Boating FederationAnnual MeetingAnnapolis, Maryland http://www.n-b-f.org410.573.1494

18-21States organizationfor Boating AccessAnnual ConferencePark City, utahhttp://www.sobaus.org312.946.6283

20-23uS SailingAnnual General MeetingPhoenix, [email protected] 401.683.0800

21-23Canadian Power & Sail SquadronsAnnual General MeetingNanaimo, Vancouver Islandhttp://www.nanaimo2010.ca

noVeMber–––––– 2-4u.S Coast GuardInnovations expoTampa, Floridahttp://uscg.mil/innovation

5-7National Boating SafetyAdvisory CouncilFall MeetingArlington, Virginiahttp://homeport.uscg.mil/[email protected]

5-7American Canoe AssociationNational Paddlesports ConferenceAsheville, North Carolinahttp://[email protected]. 907.4460

15-17Marine Retailers Associationof AmericaAnnual Conference & expoorlando, Floridahttp://www.mraa.com708.763.9210

2011JAnuAry––––––19-20Colorado River Lawenforcement AssociationAnnual Conference Laughlin, Nevadahttp://www.dbw.ca.gov/crlea/index.htm

28-29 u.S. Coast Guard AuxiliaryNational Training Conference St. Louis, Missourihttp://www.cgaux.org

31-februAry 5united States Power SquadronsAnnual Meetingorlando, Floridahttp://www.usps.org

MArcH––––––6-9National Safe BoatingCouncil National WaterSafety CongressInternational Boating& Water Safety SummitSavannah, Georgiahttp://www.safeboatingcouncil.org http://www.watersafetycongress.org

20-23International Associationof Marine InvestigatorsAnnual Training SeminarChattanooga, Tennesseehttp://www.iamimarine.org/[email protected]

25-26National Boating FederationAnnual MeetingSan diego, Californiahttp://www.n-b-f.org410.573.1494

MAy––––––21-27National Safe Boating Weekhttp://www.safeboatingcampaign.com

––––––––––––––––––––––––––––rbs cALendAr If you have an event or meetingfor the RBS Calendar, please e-mail [email protected]. You can also submit events to our online calendar http://nasbla.org/i4a/calendar.––––––––––––––––––––––––––––

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