From: "The Virginia PWC Campaign" <kling@usa.net>
To: "Bill Tanger, Friends of the Rivers of Virginia" <tanger@mediavisionva.com>
Subject: HB 695 and The Virginia PWC Campaign
Date: Monday, January 26, 2004 4:31 PM


The Virginia PWC Campaign
January 18, 2004

Dear Friend of Our Environment:

The Virginia PWC Campaign urgently needs the strong support of your organization to help pass HB 695, introduced in the Virginia House of Delegates by Del. Harvey B. Morgan (98th District) and pending before the House Committee on Agriculture, Chesapeake and Natural Resources, of which Del. Morgan is a new member.

If this proposed "local option" legislation is enacted, HB 695 would enable Virginia's local governments, by ordinance, to regulate the use of personal watercraft (PWCs), also known as jet skis, on local waterways.

The Virginia PWC Campaign is a project of The Izaak Walton League of America, initiated by the League's Virginia Number One Chapter in Charles City, Va., and fully supported by IWLA's national headquarters and its Virginia Division.

Several publications - including Caught In The Wake, by The Izaak Walton League of America; Hostile Waters, by the American Canoe Association; and Jet Ski Position Paper, by Bluewater Network S reflect the concerns and philosophy underlying the need for new laws to regulate PWCs. The negative impacts of PWCs documented in these publications include water, air and noise pollution, interference with wildlife, and conflicts with others' use, enjoyment and safety on our waterways.

Here is the Code of Virginia's PWC definition:

"Personal watercraft" means a motorboat less than sixteen feet in length which uses an inboard motor powering a jet pump, as its primary motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel.

Unlike traditional motorboats, PWCs are relatively unregulated in Virginia, except for such controls as the "no wake" rule, even though they:

1. Pollute our water and air;

2. Are operated at speeds of up to 70 mph, posing a danger to operators and others;

3. Disturb the otherwise quiet environment of shoreline homes and natural resources;

4. Interfere with fishing, crabbing and other water activities; and

5. Because of their shallow drafts, encroach on wildlife habitats and nesting marshlands where traditional motorboats cannot go.

Thus, PWCs are a serious threat to precious human health and safety, various forms of wildlife; water and air essential to our existence; the peaceful lives of the Commonwealth's citizens; and Virginia's most ecologically fragile shorelines along rivers, lakes and the Chesapeake Bay.

The Virginia PWC Campaign's "local option" approach to this problem is a simple one: Permit Virginia's local governments to enact ordinances, as needed, to regulate PWCs; set and exact reasonable penalties for violations; and provide principal enforcement at the local level,.

Del. Morgan's legislation, offered at the request of The Virginia PWC Campaign, would add Section 29-1-748.2 to the Code of Virginia, as follows:

After advising the Department [of Game and Inland Fisheries] of its intent, any locality may, by ordinance, regulate the operation of personal watercraft on any body of water within its territorial limits. The locality shall set penalties for any violation of the ordinance and shall have the principal responsibility for enforcement of the ordinance.

HB 695 would permit localities to bar PWCs from marshland or nesting areas that are part of a body of water, or from areas of a body of water where PWC operation is unsafe, harmful to the environment, or a nuisance.

Virginia is not alone in experiencing problems with PCWs. The federal government and other states also are seeking ways to regulate PWCs so as to eliminate or reduce the problems they cause. We acknowledge, of course, that there is a place for the PWCs in recreation, and we do not want to ban them from our waterways. We want to make certain, however, that they are operated in areas where they will do no harm.

As a "local option" proposal, HB 695 is intended to place no added burden on the Virginia Department of Game and Inland Fisheries. We know of the Department's financial problems because of the state's budget crisis. We understand fully that budgetary problems would raise havoc with VDGIF's ability to meet any expansion of its responsibilities. The same is true for all state law enforcement agencies.


Nevertheless, we feel that sworn peace officers of non-local law enforcement agencies - such as the game wardens and other uniformed officers of VDGIF, as well as the Virginia State Police S should have the authority, if HB 695 is enacted, to file charges if they so choose under local PWC-regulation ordinances, especially if that would facilitate their investigations into other criminal or quasi-criminal activity.

Be assured that the Virginia PWC Campaign is determined to protect and conserve our natural resources, our environment, our wildlife and our right to a peaceful enjoyment of nature. In that regard, strong citizen endorsement and support for HB 695 is crucial.

Therefore, we ask that your organization actively joins The Virginia PWC Campaign in urging the General Assembly to pass HB 695 and send it to Gov. Warner for his enacting signature.

We would appreciate permission to reflect your support as an active Coalition Partner on our letterhead S and encourage you to contact General Assembly members about your support.

We would be grateful, too, if you would submit statements of support at legislative hearings on HB 695. Be advised, though, that we have been informed by Del. Morgan's staff that hearings might be scheduled on extremely short notice, perhaps less than 24 hours.

Should you decide to join ranks with us (and we sincerely hope you do), we will e-mail progress reports on HB 695and will do what is necessary to help facilitate your support and participation.

Thank you very much for your interest. Please see below for my contact information. 

Yours respectfully,

Bill Kling
Director, Virginia PWC Campaign
Member, IWLA National Executive Board
IWLA National Director-Virginia

Post Office Box 247
Heathsville, Virginia 22473-0247
(804) 580-4050 - telephone
(804) 761-4330 - cellphone
kling@usa.net - e-mail