Comment Log Display

Ms. Liane Randolph, Chair
California Air Resources Board, 
c/o Harborcraft
1001 I Street
Sacramento, CA 95814

RE: Proposed Harbor Craft Engine Emission Regulations/Commercial
Passenger Vessels

Dear Madam Chair,
 
My name is Jonathon Smith, I co own the charter boats: Happy Hooker
and Pacific Dream in the Berkeley Marina with my Dad Chris. I am
third generation captain of the Happy Hooker. My Father, Uncles and
Grandfather all worked commercial passenger fishing or commercial
fishing their whole lives. We have always had good years and lean
years of fishing, It is a trade I am passionate about. I take a lot
of pride in taking up my family trade.  I take a lot of joy in
putting people on fish and watching them catch something that goes
straight to the dinner table. We provide people a means to access a
natural recourse.

Living in California the last 11 years, I've been conditioned to
California's different ways to reduce emmissions and carbon
footprint. We have ran a tier 2 engine in the Happy Hooker since
2010. We have a tier 3 replacement on order. Hopefully we will
repower by January 2023.
My Engine data states that my idle time accounts for 67% of the
entire operating time. Idle is when the engine is at 0% load factor
in neutral at 600 RPM.  As business owners in California, I can
agree with having standards for emmisions, as long as they are
reasonable for the application.  Everything I have read about the
proposed regulations are far from reasonable. I never thought in my
life that I would be faced with a decision to have to scrap my boat
someday.

The proposed regulations require me to install marine engines that
have not been designed or tested yet, because the application is
not practical or safe.  A tier 3 engine or tier 4 engine with the
new exhaust system with DEF would run so hot that there would
almost certainly be a fire in the engine room. Our fiberglass boats
are made with polyester resin, which is flammable. I'm not a
scientist but I'm sure that my boat would be at risk of fire at sea
with passengers onboard. That's assuming the coast guard would
approve the changes. As CARB is well aware, this new exhaust
requirement would render my vessel obsolete.   I am horrified that
my government is willing to put me out of business to pursue a
green peace crusade. To have a new boat built to meet compliance
and coast guard standards in 8 years, with the way inflation is
rising, I'm looking at raising 2.5 to 3.8 million dollars to build.


We have had some good fishing seasons in the bay area the last few
years. Good fish scores put the passengers on the boat, but please
consider that fishing could take a hit at any time. If people
aren't catching many fish, most of them don't book.  In 2019 we
took a pretty large hit with the covid 19 government shut downs. 
We lost nearly 3 months of fishing season on a projected record
profit year. We then increased our price by 30% and limited our
passenger count to social distance. Fortunately we are an outdoor
business and able to be open under our county mandates. We still
took a permanent loss in business. Since covid happened, a lot of
passengers just don't come out anymore.  I've also had to give full
refunds on charters because of covid exposure.  Almost 2 years
later after April 2019 and our business has not recovered to full
capacity.  Covid 19 and government shut down is responsible for
decline in business over the last year and a half. And now my
government wants me to double prices to pay for brand new boats. No
one will pay to fish with me if I double my prices. If this bill is
passed, I will be trying to save money to buy one boat to replace 2
of them. 2-4 million dollars is a lot of money to save in the bank,
especially when profits every year go towards other engine repowers
and maintainence. Charter fishing is an expensive business and we
do not have a lot of capitol at the beginning of every year. It
seems like a slap in the face to get hit with regulations like this
after the covid 19 virus has damaged our business.

What bank in their right mind would give me a loan for a 2-4
million dollar boat, just to meet emission standards? No financial
institution will fund our boat builds. They will probably laugh and
say, what happens when the state makes you go electric? Need
another million to upgrade?  I'm looking at having to raise funds
on my own on top of two different boat mortgages and 2 home
mortgages.  Our new engine projects also have to come out of
pocket. Happy Hooker being close to 200K and Pacific Dream costing
over a half million to upgrade to tier 3, all to appease CARB.  The
business expense and debt is a never ending tunnel so long than we
have to possibly consider selling our boats out of state or
scrapping.  I might have to take up a different career after my
boat loans are paid off and start out fresh in a red state. I guess
you will decide my fate though. That's what you do best, dictating
and shutting down a family business that's been in place and paying
California taxes for 40+ years in the name of clean air.

Regulating our business out of California will not only destroy
mine and my family's life, but will effect the entire fishing
community. We take out boy scout charters every year and familys
book our charters to bond and teach their children how to fish and
have healthy family fun. We are not just a business. We provide a
means to access a natural resource of ocean fresh fish, straight to
the table. And everyone has a fun time participating. Just read our
facebook or yelp reviews, you might be touched. You will end the
next generations chance of ever knowing about the joys of charter
fishing in California. 

Why are we being singled out for new regulations? Traditionally
commercial passenger fishing vessels are in the same class as
commercial fishing vessels. I feel like we are an easy target for
CARB because there is so little of us, (174) vessels. We need to be
held to the same standards as all of the other commercial fishing
vessels. Commercial fishing vessels will only have to upgrade to
tier 2 engines? Or keep mechanical? Black smoke from commercial
fishing vessels, tug boats, tractor tugs, commercial ship traffic,
why are we being singled out? We are small business owners. We pay
our taxes and we provide a service to the community. This new
standard is not right.

My business means the world to me and my family and our customers.
With the suicicide rate at an all time high, I'd hate to see my
family or customers suffer in the future because something they
love was regulated out.

I can show you engine data from the happy hooker C18 computer that
shows that 67% of our engines lifetime is idle time. Just drifting
barely putting anything in the air. This is the same for a lot of
charter boats in my area. Its not right to target us. I want to
meet CARB in the middle somewhere. Your terms are way too steep and
too irrational.  
Please have a heart and don't destroy a family trade and tradition
for many families in California.

Thank you for your consideration
Jonathon Smith

If I do have to dispose of my Investments that I will have worked
off for12 years, hopefully the state will compensate me or help me
invest in something new and more California approved.

Happy Hooker Sportfishing 
Pacific Dream Sportfishing