Washington, D.C.–U.S. Senators Mike Crapo (R-Idaho), Jim Risch (R-Idaho) and Jeanne Shaheen (D-New Hampshire) sent a bipartisan letter urging the U.S. Coast Guard to revert to its longstanding statutory interpretation that allowed states to collect fees for boating-related programs to address aquatic invasive species, boating safety, search and rescue and others.
Recently, the Coast Guard blocked a number of states from coupling the boat registration and Certificate of Numbering (CON) process. The streamlined process has been working in Idaho for more than a decade. Earlier this year, Crapo, Risch and Shaheen introduced the bipartisan State Boating Act that would make clear the ability of states to collect state boating fees alongside CON fees and registration.
“The Coast Guard’s drastic decision to overturn its decades-long policy when the prior interpretation was not only authorized, but also working, is truly puzzling, especially when the Coast Guard’s new policy is likely to increase costs and lower revenues for critical state programs with no discernable improvements,” the Senators wrote. “For these reasons, we ask that the Coast Guard immediately use all available tools and authorities, including a rulemaking, to revert back to its prior interpretation to permit our states to again couple federal and state fees.”
Most boats owned and operated on the waters of the United States must have either a Certificate of Documentation (COD) or a CON on board when operating. Additionally, boats with propulsion machinery must have on board a valid CON or temporary certificate, unless the vessel qualifies for an exception under the law. Most vessel owners obtain a CON from the state in which they spend the most time operating. States can administer their own numbering programs if those programs comply with Standard Numbering System (SNS) requirements and receive Coast Guard approval. However, according to the Coast Guard’s reading of its enabling statute, states are authorized to condition the issuance of vessel numbers only for proof of ownership, proof of payment of state or local taxes and/or proof of liability insurance. A number of states have been collecting additional state fees with the CON fees to fund and support vital boating and environmental programs, like combatting aquatic invasive species, boating safety, search and rescue and other purposes.
The text of the letter can be found here.