November 16, 2018 — This week, after more than a decade of activism from the fishing industry, Congress has moved to alleviate a major regulatory burden on commercial fishermen. Part of this year’s Coast Guard reauthorization bill once again exempts fishing vessels from requiring a permit for incidental discharge from boats, in a return to a long-standing EPA practice.
“The reauthorization is a common-sense step by Congress that provides necessary relief to fishermen without compromising the environment or water quality,” said Greg DiDomenico, Executive Director of the Garden State Seafood Association. “Now commercial fishermen can focus on core environmental issues without having to deal with unnecessary, court-imposed restrictions.”
The issue dates to a 2006 court case, where the 9th Circuit Court of Appeals overturned EPA vessel discharge rules that had been in force since the passage of the Clean Water Act. Under the ruling, fishing vessels and other boats, regardless of size, were required to get vessel discharge permits from the EPA for routine, incidental discharges. This goes so far as to potentially include water from the fish hold, rainwater washing off the boat deck, and other minor discharges.
Notably, an incidental discharge does not include any discharges related to sewage, fuel, or ballast water. Fishing vessels are still, and have always been, required to adhere to all laws that regulate these types of discharges. The court ruling simply added a new, costly, and unnecessary layer of regulations for vessels to follow.
After years of temporary exemptions as a short-term way to address the ruling, the Coast Guard reauthorization, the “Frank LoBiondo Coast Guard Authorization Act of 2018,” finally creates a permanent solution. Fishing vessels will return to being exempt from incidental discharge requirements, and fishermen will no longer need to deal with the added expense and bureaucratic red tape that goes along with them.
“We have worked to fix this issue for our clients since 2006,” said Rick Marks, a Principal at Robertson, Monagle & Eastaugh in Reston, VA. “Despite a challenging and sustained effort it is rewarding to finally see a victory for common sense delivered by the 115th Congress. Our thanks go to those coastal Members of Congress and their staff from around the country whose persistence finally paid off for commercial fishermen everywhere.”