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The IVID Weblog - My Opinion Page
Wow!
My letter to Governor Douglas
Governor
Jim Douglas
109 State Street, Pavilion
Montpelier, VT 05609-0101
Friday,
August 01, 2003
Dear
Governor Douglas,
I am writing today to advance two topics.
First, Vermont needs legislation requiring registration of non-powered (paddle)
watercraft. I am pleased to see Vermont’s Fish and Wildlife Commissioner Laroche
investigating this issue. Second, power boaters and fishermen are rapidly losing rights as
paddlers “take over” bodies of water historically open to unrestricted use.
First, regarding the registration of canoes
and kayaks: Powerboats and fishermen fund the improvement and maintenance of state water
access areas through yearly boat registration fees and fishing license fees. Canoe and
kayak owners pay nothing and utilize these same facilities. With the popularity of
paddling skyrocketing, canoers and kayakers are dominating the public access areas.
However, these access areas were built for, maintained for, and, by law* reserved for
powerboat fishermen.
*from page 64 of the 2003 Vermont
Guide to Hunting, Fishing & Trapping Laws,
Section F2.17 STATE-CONTROLLED FISHING ACCESS AREAS
No person shall make any use of a fishing access
area acquired by the State of Vermont,
except for the following purposes
and with the following priorities:
1. For the purpose of
launching boats to be used for fishing
2. For the purpose of
parking vehicles and boat trailers used by persons engaged in fishing
3. For launching of
petroleum powered inboard and outboard boats engaging in any activity, and parking of
vehicles and boat trailers provided that these activities do not interfere with the first
two purposes
Creation of special hull registrations for
resident and non-resident paddlers will provide Fish and Wildlife with new funds for
education and enforcement, while giving the paddlers the legal right to use the access
facilities. They do not enjoy these rights, yet currently use the facilities freely, and
in very large numbers. Also, they consume
the Fish & Wildlife officer’s time, requiring on-water safety and license checks.
Also, without the hull identification numbers required by registration, the on-water
officer can not tell one craft from the next, resulting in wasted time, unnecessarily
checking the same craft more than once.
Alaska, Illinois, Ohio, Oklahoma, Iowa,
Minnesota, and Pennsylvania successfully administer registration of paddle-powered craft.
Connecticut, Maine, Montana, Oregon, and Washington are currently proposing registration.
While Vermont has laws in place that clearly
state who shall receive priority for the use of access areas, (power boat fishermen) those
laws either need to be enforced, or new laws written that equalize the financial
responsibilities of every boat owner, powered and non-powered, and equalize their access
rights, as well. Simply changing the language of the law, allowing equal access for
non-powered craft, will not cut it. They need to pay into and support the system, just
like the power boaters and fishermen.
Second, regarding power boaters and
fishermen’s rights: Last year, a small group of kayakers successfully petitioned the
state to enact new rules and restrictions on Vermont’s 12th largest body
of water, Chittenden Reservoir.
Last summer, I attended the preliminary
fact-finding hearing, run by the VT Water Resources Board, Department of Fish &
Wildlife, and the Green Mountain National Forest. The meeting was open to the public, held
at the Mountain Top Inn above the reservoir. The paddling community was well represented
and offered many stories of petroleum-powered craft harassing wildlife, swimmers, other
boaters, and endangering themselves with risky, high-speed behavior. When it finally was
my turn to speak, I asked the representatives from the state agencies if there were any
existing laws governing such reckless and dangerous behavior as described by the
witnesses. They clearly replied that there were specific laws in place, and punitive
results for ignoring them. I then turned to the group of 120+ attendees and made my case
for stepping up enforcement, not creating new laws. I restated their complaints, tied each
to existing law, and asked if enforcement made more sense than the creation of new laws. I
received applause and unanimous agreement from the crowd, as was noted in the Rutland
Herald article the following day.
Later in the year, at continuing meetings
inconveniently held in Waterbury, this same group forgot their applause and unanimous
agreement with me, and went on to pass a new law extending the existing 5 mph speed limit
(within 200 feet of any object) to the entire 720 acre surface of the reservoir.
Please examine the possibility of reversing
the unnecessary new rules at Chittenden Reservoir and any other similarly effected body of
water in Vermont.
Thank you in advance for taking the time to
read my letter. A reply stating your office’s position on canoe & kayak
registration, and power boater’s rights is appreciated.
Phil Kearney, Rutland, VT
The author invites all comments, please email to : opinion@ivid.net
Here is the verbatim language from section F2.17 of the 2005 Vermont Guide to Hunting, Fishing & Trapping Laws :
F2.17 STATE-CONTROLLED FISHING ACCESS AREAS
No person shall make any use of a fishing access area acquired by the State of
Vermont, except for the following purposes and with the following priorities:
1. For the purpose of launching boats to be used for fishing
2. For the purpose of parking vehicles and boat trailers used by persons engaged in
fishing
3. For launching of petroleum powered inboard and outboard boats engaging in any activity,
and parking of vehicles and boat trailers provided that these activities do not interfere
with the first two purposes
4. Trappers and hunters may utilize access areas for their activities and then only in a
manner that does not interfere with the first two activities above
5. By authorization of the Fish & Wildlife Commissioner with Board approval,
utilization by organizations for organization functions for a specified time period.
Contact the Fish & Wildlife Department (contact information G2.0, telephone
802-241-3730)
The following uses of Fish & Wildlife access areas are prohibited:
• Launching of nonmotorized vessels used for commercial purposes and the parking of
vehicles and trailers used by these vessels
• Discarding of bottles, glass, cans, paper, junk, litter, dead fish or wildlife, or
portions of fish or wildlife
• Discarding of garbage and other household trash
• The washing or cleaning of any vehicle or animal
• Kindling of open fires
• Camping
• Swimming or water-skiing
• Snowmobiles and ATVs, except for those being utilized solely for the purpose of ice
fishing
• Leaving boats unattended beyond October 15
• Leaving ice fishing houses unattended beyond April 15
• Installing docks at an access area
The entire digest may be found on the State of VT site at: 2005 Vermont Guide to Hunting, Fishing & Trapping Laws (Large File) (PDF)
