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2009-04-30 20:56:45
Discharges incidental to the normal operation of vessels have been exempt from the National Pollution Discharge Elimination System (NPDES) permits under the Clean Water Act since 1973.
In 2006, the U.S. District Court for the Northern District of California ruled that the EPA exceeded its authority under the Clean Water Act by exempting the discharges and requiring the agency to issue permits.
Under court order, by Oct.1, 2008, all US vessel owners would have been required to get a discharge permit for ballast, bilge, grey water, and deckwash. Thousands of commercial fishing vessels in Alaska and around the nation would have been impacted. EPA estimated nearly 16 million new sport and commercial permits would have to be issued.
EPA appealed the decision, but the court has not yet ruled on the appeal. That could take quite some time, so Senators Lisa Murkowski and Sen. Ted Stevens worked with industry to get a bill passed that provides commercial fishermen and other small commercial operators a two-year moratorium from Clean Water Act discharge permits. The legislation covers boats 79 feet or less and was a companion bill to the Clean Boating Act, which now provides a permanent exemption to recreational vessels.
The EPA is hoping to secure a permanent discharge permit exemption for vessels under 79 feet, but is required under the legislation to first conduct a study to determine the types, volumes and effects of discharges from commercial vessels of different sizes and categories. The EPA has just 15 months to provide a report to Congress for use in determining if permanent exemptions are warranted.
This is where you come in.
The EPA contractor in charge of testing has contacted ATA and several other fishing organizations requesting volunteers to allow their boats to be tested this summer.
Here’s what I know about the study plans:
• The testing program is voluntary.
• Testing has already occurred in: VA, MD, PA, MA, FL, AL, LA, and WA.
• Alaska testing will take place in early-to-mid June 2009.
• Test sites will be: Sitka, Petersburg, and Juneau.
• A team of 4 people will test at least 3 actively fishing boats per day.
• Inspections/sampling can occur at the dock or on the vessel during fishing operations - skipper’s choice. If onboard, it’s
likely to be a 12 hour stint, similar to what they did with the Gulf of Mexico fleet.
• There is a possibility that EPA will work with skippers and crews to allow them to gather samples without EPA staff.
• Inspection/sampling will include such areas as: fish holds, cleaning stations, general discharge outlets, fire mains, etc.
• Skippers will be asked questions about their vessel and daily operations.
I’ve suggested that the EPA contractor contact local processors, to make sure that everyone knows what’s going on and to help prevent traffic flow or other issues that might arise at the dock and negatively impact processors and fishermen.
I also discussed the troll fishery with the EPA contractors to make them aware that even those skippers who agree to participate now might not be in position to do so later. They understand, and just hope that enough folks express interest so that they can get the necessary sampling done in a quick and efficient manner.
As stated above, this issue is lawsuit driven, not brought on by the agency. EPA is hoping to secure a permanent exemption for fleets like ours, so needs solid data to support their efforts and those of our congressional delegation.
Attached is an additional overview of the program and requirements for those who choose to participate. I hope you’ll agree to assist with the sampling efforts.
For those who may hesitate to call if you're not a member - you don't have to be an ATA member to call the office or for me to forward your name to EPA... though, obviously, it would be great if you were.=)
Thanks for considering!
Dale, ATA
(907) 586-9400