Comment Log Display

From: Capt. Court Mast
Sausalito, CA

To: California Air Resources Board

November 1, 2021


Thank you for the opportunity to engage with CARB on its proposed
regulations for Commercial Harbor Craft in California.

I am a Coast Guard-licensed captain working on Salty Lady, for
decades one of San Francisco Bay's most venerable charter-fishing
and whale-watching boats.

The organizations to which I belong -- Golden Gate Fishermen's
Association (GGFA) and Golden State Salmon Association (GSSA), are
focused on improving fish habitats in rivers and the ocean.  And
the Oceanic Society, the organization that charters Salty Lady for
whale watching, is a leading environmental group with worldwide
outreach.

Anyone who follows the science will agree carbon emissions from all
forms of transportation must be reduced to curb global warming. 
Unfortunately, CARB's proposed regulations for Commercial Harbor
Craft are extremely short-sighted, providing only a minimal
reduction in actual emissions to the planet while devastating our
maritime industries and related coastal communities.

The idea of the new regulations is to take existing
carbon-reduction technology available in land-based vehicles like
trucks and farm equipment, and mandate its use in a particular
group of marine vessels -- passenger vessels, ferries, tugboats,
pilot boats, sportfishing boats and marine construction vessels,
with a deadline of January 1, 2023.

However, the Tier 4 diesel motors and diesel particulate filters
(DPFs) used on land are too heavy and too hot to retrofit into
boats made of wood, fiberglass or aluminum.  Boats made of these
materials comprise over 80% of the boats in the mandated group.

A recent California Maritime Academy study concluded that
marine-application engines that meet the proposed standards do not
exist yet.  The excessive heat produced by the currently available
engines and DPFs could catch fire when run at low RPMs, the speed
at which most of the vessels in the mandated group operate.  Ask
any vessel owner, "what is your worst nightmare?" It's fire.

Fishing and whale watching boats run 30 miles or more outside the
Golden Gate.  Tugboats move massive container ships and oil tankers
safely around San Francisco Bay and other California harbors. The
designs of these boats have been fine-tuned over many decades to
run safely and efficiently, with constant Coast Guard inspections
and approvals.

On any Coast Guard-inspected vessel, the owner cannot change the
motors or rudders, cannot change the mass, weight, balance, or even
cut a hole in the dashboard without Coast Guard approval.

CARB's proposed regulations have NOT been reviewed by the U.S Coast
Guard, which is the final authority for inspecting and approving
all vessels in the Commercial Harbor Craft classification.

With the proposed deadline looming on January 1, 2023, 80% of the
boat owners (nearly all of them small operators) will be unable to
comply with the regulations -- they cannot feasibly upgrade the
motors in their existing wood, fiberglass and aluminum boats to
Tier 4.  So they have two options:

1) Sell their existing, functioning boats to a party out-of-state
for pennies on the dollar (if possible), and go out of business.

2) Sell their existing, functioning boats to a party out-of-state
for pennies on the dollar (if possible), and build a new boat.

Selling a boat out-of-state doesn't cut the boat's emissions, it
simply moves the emissions to another state.  So the actual
decrease in global emissions from this whole exercise is
negligible.  Building a new boat costs millions of dollars, takes
years to complete, and there are no guarantees the technology will
work or the Coast Guard will approve the vessel.

Furthermore, small Harbor Craft operators have relied on a stream
of grants over the years to steadily upgrade their vessels'
emissions.  Those grants are not allowed to subsidize new boats in
order to meet the regulations.  And the small operators are not
eligible for the federal funding available to large ferry
companies.

So without the ability to upgrade their boats, and without the
grants or federal funding available to subsidize a new boat, many
of the small commercial operators -- nearly 80% of the Small Harbor
Craft on California waters today, will be forced OUT OF BUSINESS.

*** Let me repeat this for emphasis:
Many of the small commercial operators -- nearly 80% of the Small
Harbor Craft on California waters today, will be forced OUT OF
BUSINESS.

With the demise of nearly all the small operators of fishing boats,
whale watching boats, bay cruises and small ferries, many of the
industries that support them -- tackle shops, dive shops, hotels,
bars, restaurants and a host of other small businesses in our
coastal communities will see a significant decline in revenue. 
(NOTE: Many of the 1600+ anti-CARB public comments are from coastal
community leaders.)

Tugboats, pilot boats and marine construction vessels will either
be removed from service or forced into prohibitively expensive
upgrades.  So California's international trade, transportation and
construction industries will all be negatively affected.

While I fully support CARB's overall mission to reduce toxic
emissions in all forms of transportation, I believe, in this case,
the onerous regulations being pushed on the maritime industry by
CARB at this time are unreasonable, disruptive and detrimental to
an entire industry and its supporting businesses. ... AND ... the
actual reduction in toxic emissions from these regulations is
negligible.

I urge the Board to consider the following recommendations:

1)  Immediately push back the looming January 1, 2023 deadline for
installation of Tier 4 engines by five years, to January 1, 2028. 
This change need to be made right away, since boat operators are
already starting to sell their boats out-of-state.

2)  Change the extension formula from two (2) years to four (4)
years for each extension period, with wording that allows for
multiple extensions and additional review of the regulations based
on availability of truly functional technology.

3)  Closely monitor technical developments in the marine engine
industry to guide the production of feasible marine engine
technology.

4)  Work with the Coast Guard to craft regulations that are
consistent with their practical expertise in watercraft
construction and safety.

5)  Allow significantly more time to ensure a robust and
interactive process with all the stakeholders in California's
maritime industry -- recreational boaters, commercial vessel
operators, shipyards, maintenance facilities and coastal
communities to make positive progress on this critical issue.

Thank You for your consideration,
Capt. Court Mast
Sausalito, CA