Comment Log Display

Ms. Liane Randolph, Chair
California Air Resources Board
c/o chc 2021
101 I street, Sacramento, Ca. 95814



As a board member of both Golden Gate Fishermen's Association
(GGFA) and Golden State Salmon Association (GSSA), as well as owner
and operator of the 54' Salty Lady, a small charter fishing and
whale watching boat and business based in Sausalito, California, I
am submitting this letter for your consideration during the current
public comment period regarding proposed emission regulations
currently on the agenda for Ca. harbor crafts.
   There are multiple issues which I will address here. I am
certain that you are already aware of these issues with your
proposed mandate of tier 4 engines in all harbor craft. For the
sake of myself, my family, and thousands of my counterparts, their
families, and a whole host of supporting small business owners and
their families I implore you to PLEASE consider proposed options to
the overzealous, draconian, and yet imminent mandates currently
being considered.
   As a sport fishing and whale watching business that depends upon
the environment, in particular the marine environment, I believe I
can speak for our entire industry when assuring you that we support
policy that protects and supports the environment. In fact, GGFA
and GSSA have fought valiantly for decades in support of a
multitude of environmental and habitat issues related to the health
of our rivers and ocean. As we, as Californians, strive toward a
future of a clean and healthy environment, however, we must
consider the technological and economic feasibility of proposed
regulation and ask ourselves, "is this reasonable or even possible
at this point ?" and "at what cost ?"
   A recent CARB commissioned California Maritime Academy study
concluded that, #1- marine application engines that meet the
proposed standards do not exist yet and, #2- would significantly
impact a vessel's stability. Due to the excessive heat produced and
the massive increase in size and weight - by CARB's own admission -
"vessel replacement will be likely, especially in the categories
with wood or fiberglass vessels" to comply with the proposed tier 4
mandate. With an overwhelming majority of sport fishing and whale
watching boats constructed of these materials, nearly all of
California's iconic charter boat fleet will be unable to comply.
CARB's assertion that these small business owners can finance new
vessels with new engines by passing on the cost to our customers
within the proposed time frame is unrealistic (at best) considering
the fact that our most valuable assets, our current vessels and
engines, will be deemed illegal with no resale value in
California.
   For those few who may be able to absorb the costs of purchasing
new steel hull vessels outfitted with tier 4 engines by catering to
a high end clientele... the problems won't end there. Comparable,
relatively new technology currently being used in trucks and heavy
equipment such as farm machinery has been documented to clog the
Diesel Particulate Filter causing engines to stall & requiring
hours to clean out the system and in some cases even causing
engines to catch fire. These issues occur more frequently in
engines run at low RPM's... precisely the type of application
common amongst these vessels in low speed trolling. While stalling
and fire might be daunting to operations in a "best case scenario"
land based situation, these problems on a boat miles from shore and
hours from potential help could very well lead to a truly tragic
end. In a remarkably stunning omission, these regulations have NOT
been developed in collaboration with the US Coast Guard who are
tasked with regulating stability and fire hazard on this state's
navigable waters.

In addition to these glaring issues there are more !!

-While there may be some high income patrons able to afford the
exorbitant fares required by the few remaining charter boats, many
lower to mid-income individuals and groups including youth,
students, veterans and minorities - who cannot afford to buy a
private boat - will be excluded from access to the marine
environment and the resources thereof.

-efforts to restore tourism based jobs and small businesses post
COVID in scores of coastal communities will be severely hampered by
this regulation.

-CARB has been directed by the legislature to take "prudent action"
to reduce airborne toxins with FURTHER DIRECTION that
implementation programs be "practicable as well as cost effective
and technologically feasible" Clearly the proposed regulation is
missing the mark on these objectives.

-This proposed rule separates, for the first time ever, Commercial
Passenger Fishing Vessels (CPFV) from Commercial Fishing Vessels
(CPV) with the proposed regulation to apply only to the CPFV
vessels. Targeting this newly created sub category is both
inappropriate and unfair and moreover is not likely to have any
significant impact on air quality.

-Vessel owners have been proactively and voluntarily reducing
emissions by upgrading to the cleanest, most efficient engines that
are actually available at this point. I personally have the latest
(tier 3) engines in my vessel. Voluntary engine replacement has
historically been at least partially subsidized by Carl Moyer
grants, but this program will not apply to mandated tier 4 or whole
vessel replacement.

-These regulations were drafted behind closed doors during the
height of the COVID pandemic... with little opportunity for public
comment. Many vessel owners are only now learning that their days
at sea may well be coming to an end and their livelihoods could
soon be lost forever.

So in conclusion I would direct some pointed questions to the Ca
Air Resources Board-

1. Why has the CPFV fleet been separated and singled out by this
proposed regulation rather than being considered in the same class
as CFV's - as we have been up until now ??
2. Can the board please provide a realistic analysis of
technological feasibility including some response to the well
documented safety concerns ?? Clearly the current analysis is
significantly flawed.
3. Can the board also please provide a sensible, pragmatic and
truthful economic impact report ?? it is no secret among our CPFV
community that... in some cases upgrading but in most cases
replacing our vessels, with little to no value for our current
vessels once this regulation deems them to be obsolete... would be
devastating to the point of putting us out of business. And as a
follow up to this question, what about the real impact to
supporting businesses such as tackle shops, dive shops, hotels,
bars and restaurants and a host of other small businesses in our
coastal communities ??

As requested by multiple Senators and Assemblymembers in recent
correspondence with CARB, I would implore the board to PLEASE amend
the proposed rule and to place CPFV back into the category in which
they have always been considered, with CFV, to provide an
achievable, feasible, and equitable compliance pathway to reduce
emissions.
   Please consider my frustration with these proceedings as a
reflection of my passion for a life and profession that I have
chosen, love dearly, have become very good at, and now find in
jeopardy. I am concerned for mine and my family's future as I
provide our sole source of income. I have been in this industry
since high school and have no other skill set capable of providing
anywhere near a comparable income. But in addition I lament the
prospect of a California in which one of our greatest assets, our
beautiful and bountiful Pacific Ocean and the marine environment,
would be inaccessible to a vast majority of our own citizens as
well as untold scores of visitors to our state due to hasty
decisions made before their time has come.

Respectfully,
Captain Jared Davis
Board Member- Golden Gate Fishermen's Association
Board Member- Golden State Salmon Association
Owner & Operator- CPFV Salty Lady