DPC - MARINE PATROL, BOATER EDUCATION, AND SAFETY PROGRAMS

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Land Use and Resource Management Plan for the Primary Zone of the Delta — MARINE PATROL, BOATER EDUCATION, AND SAFETY PROGRAMS

Existing marine patrol services are provided primarily by the Delta County Sheriffs Departments, the Cities of West Sacramento and Sacramento (located in the Secondary Zone), and to a more limited extent, the Coast Guard, the Department of Fish and Game (DFG), and the Department of Parks and Recreation (DPR). While the DFG and DPR wardens are peace officers, their assignments are directly related to their Departments' mandates. The single Coast Guard vessel stationed in Rio Vista provides limited "policing", but the Coast Guard is extremely active in providing boater assistance and education.

The marine patrol services provided by the five Delta Counties have been severely reduced as part of recent County budget cutbacks. And, currently inter-agency communication on Delta waterways is limited; there is very little communication between different Counties, between the Counties and the State agencies, or between the Coast Guard and the other patrols.

Speeding, unsafe vessel operation, lack of proper safety equipment (life jackets), and alcohol-related incidents continue to be major problems on Delta waters. Of particular concern to Delta law enforcement officials are personal watercraft (PWC)*. PWC* use is increasing rapidly in the Delta and statewide, and many PWC* operators are inexperienced and underage. PWC* accidents accounted for one-third of the vessel accidents statewide in 1993.

In addition to patrolling the Delta waterways to enforce local, state, and federal laws, the marine patrols provide towing and emergency assistance (rescuing drowning victims, levee fires, etc.). A growing problem on the Delta waters is abandoned vessels. Currently there is no active program to locate, identify, and dispose of abandoned vessels; the primary roadblock to removing abandoned vessels is lack of funds.

Poaching of fish and wildlife occurs in the Delta and has been identified as one of several factors adversely affecting Delta fisheries. The Department of Water Resources (DWR) estimates that more than 500,000 undersized striped bass and tens of thousands of adult striped bass are illegally taken each year. In 1986 DFG and DWR agreed to offset direct losses of fish caused by both poaching and the State Water Project's pumping plant by forming the Delta Bay Enhanced Enforcement Project (DBEEP). From 1986 to September 1994, DBEEP wardens issued 4,500 citations for poaching and other Fish and Game violations.

The Coast Guard and local governments have authority to cite for pollution violations, such as oil spills, illegal dumping of sewage, etc. However, very few citations are issued because violators must be "caught in the act."

Volunteer groups provide invaluable services to the boating public in the Delta, especially important since recent funding cutbacks limited marine patrol staffing. The focus of the Coast Guard Auxiliary and the Power Squadron have been boater education and equipment inspection. The guiding concepts have been to assist the boater in becoming skilled in vessel operation and thus avoid problems on the water. The San Joaquin County Sheriff's Team of Active Retired Seniors program (S.T.A.R.S.) focuses on assisting boaters in distress and reporting incidents needing further assistance to the proper authorities.

The primary funding source for County marine patrols has traditionally been personal property tax revenue from vessels. However, Counties report that the shift in property taxes from local governments to the State resulted in the Counties losing much of the property tax they historically received from vessel property taxes. Other means to increase funding for marine patrols have been explored, for example, increased Delta boater registration fees to support Delta marine patrols. Additional funding development is needed to provide adequate levels of law enforcement on Delta waters.

*"Personal Water Craft" (PWC) is the general term for a broad range of small, powered boats that typically carry one or two persons, and are popularly known by registered tradenames such as Jet Ski, Ski Doo, etc.

Marine Patrol, Boater Education, and Safety Programs Findings:

F-1. Inter-agency coordination and communication is extremely limited. Most larger vessels are equipped with communications equipment. Smaller vessels are unable to communicate unless a CB radio or cellular phone is on board.
F-2. The Coast Guard has traditionally hosted at least one annual inter-agency meeting of Delta law enforcement agencies to coordinate activities and any changes in law or regulations.
F-3. The County sheriffs and City police tow distressed boaters free of charge. During busy boating seasons, local governments report that their marine patrols frequently tow distressed boaters.
F-4. The number of abandoned vessels in the Delta is increasing. Currently there is no active program to locate, identify, and dispose of abandoned vessels. To remove and dispose of abandoned vessels is costly.
F-5. The five Delta Counties and Cities of Sacramento and West Sacramento provide marine patrol services on Delta waterways. The Cities of West Sacramento and Sacramento are located in the Secondary Zone. Services are provided by peace officers and reserves that are trained professionals with ability to issue citations and make arrests. Local peace officers can enforce all local and State laws.
F-6. The County marine patrol services have been drastically reduced in the last few years due to budget cuts. The level of marine patrol services is not proportionate to the level of boating activity or number of berths in the Delta.
F-7. The Coast Guard operates an active facility in Rio Vista with responsibilities for the entire Delta region. Budgets have been cut; one boat patrols the entire area. Coast Guard supports fire-fighting activities when needed. The Coast Guard is capable of coordinating County patrols. Currently, only Contra Costa County marine patrol regularly coordinates with the Coast Guard.
F-8. Department of Parks and Recreation provides limited marine patrol services, largely on Park properties and when called to assist the Coast Guard in an emergency. Park rangers are trained peace officers.
F-9. Department of Fish and Game wardens provide land and water patrol services oriented to enforcement of the Fish and Game Code. Wardens are trained peace officers able to enforce all State laws if necessary.
F-10. Delta law enforcement officials indicate that boaters are taking advantage of the decrease in law enforcement personnel patrolling the Delta waters by violating speeding, equipment, and other boater safety laws.
F-11. PWC* continue to grow in popularity and visibility and are responsible for an extremely high proportion of accidents and injuries. Operators continue to violate boating laws pertaining to PWC* operation.
F-12. Poaching has been identified as a significant problem in the Delta affecting wildlife. Substantial State resources are currently expended from funds generated from State Water Project contractors to supplement normal patrolling activities. Department of Fish and Game encourages public assistance in the form of the CalTIP program (anonymous telephoned tips).
F-13. Though State law enforcement officials have the authority to cite for illegal structures constructed along the waterways, generally they do not.
F-14. There is little current enforcement of State and federal pollution laws. Releases must be witnessed first hand or documented in photos or videos.
F-15. Intoxication continues to be a major problem resulting in accidents. Due to the major time commitment needed to make an arrest for intoxication, few are made. Instead, intoxicated boaters are directed off the water.
F-16. While the State overall has had a decrease in boating fatalities, the Delta region has not. Department of Boating and Waterways statistics show seven fatalities in 1989 and 12 fatalities in 1993.
F-17. The Legislature has been debating several proposed laws which would require additional equipment or training to enhance safety and public health aspects of recreational boating. Newly authorized legislation will provide additional protection for young children in vessels and ease in the provision of new pumpout facilities statewide.
F-18. Lack of adequate education and training of boat operators continues to result in accidents and violation of local, State, and federal laws on the waters of the Delta.
F-19. Volunteer programs provide extremely valuable services to boating through provision of supplemental patrols on Delta waterways, through boating education programs, and through provision of boating inspection services.
F-20. Reported funds generated from citations issued by County marine patrol staff range from $100,000 to $200,000, with extremely reduced personnel. Funds from citations do not meet fiscal requirements of current programs, but appear to offset a substantial portion of those costs.
F-21. Counties have slashed funding available for Sheriff Departments' marine patrol programs in recent years. Vessel personal property tax revenue is the primary source of revenue from boaters to County governments and reflects only those vessels permanently located in a county. These funds are collected by the Counties.
F-22. State funds are generated from vessel registration fees ($9 for original registration and $5 annual renewal fee; $27 plus Vehicle License Fee per year for boat trailers) and from sales tax on boat gas. Some of the funds collected are designated for a subvention program for marine patrol funding managed by the Department of Boating and Waterways. Annual grants vary based on amount of funds collected, number of counties applying for funding, and the level of need of the applicant counties.
F-23. Vessels documented by the Coast Guard are exempt from State registration.

Marine Patrol, Boater Education, and Safety Programs Policies:

P-1. Local governments that have or plan to have marine patrols shall possess adequate marine patrol equipment to ensure communication with other county marine patrols, with State patrols on Delta waters, and with the Coast Guard.
P-2. Local governments that have marine patrols shall notify the Coast Guard when and where patrols are on the water.
P-3. Local governments that have marine patrol units shall participate in at least one Coast Guard, or Delta Protection Commission sponsored meeting per year to coordinate with other Delta law enforcement programs to develop strategies for effective control, to discuss new laws and programs, and generally increase effectiveness and communication between the various marine patrol programs.
P-4. Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall develop methods for quick processing of intoxicated boat operators that would ensure that marine patrol staff remains on the water.
P-5. Local governments that have or plan to have marine patrol services shall recognize towing of disabled vessels as a low priority activity and should develop relationships with volunteer groups or private vendors to provide such services.
P-6. Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall develop funding and implementation strategies to remove abandoned vessels from county waterways to avoid pollution of Delta waters and remove hazards to navigation.
P-7. Local governments that have or plan to have marine patrol programs shall coordinate with Department of Fish and Game to provide support in enforcement of State hunting and fishing laws.
P-8. Local governments that have or plan to have marine patrol programs shall provide adequate levels of marine patrol to ensure public health and safety on the waters of the Delta, taking into account funding available and the number of vessels moored in the Delta, launched into the Delta, and which travel into the Delta.
P-9. Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall identify problems and solutions surrounding crimes of environmental pollution which can be addressed by local governments. Local governments shall consider feasible solutions (additional pumpouts, dye tablets in holding tanks, rewards for observers, etc.).
P-10. Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall implement or support education and safety programs to address local, state, and federal laws aimed especially at personal water craft operators and means to encourage attendance at such programs.
P-11. Local governments that have or plan to have boater education programs shall implement or support boater education programs to address local, State, and federal laws and means to encourage attendance at such programs.
P-12. Local governments that have or plan to have marine patrol programs shall encourage and coordinate with volunteer programs within their jurisdiction as a way to supplement human resources on the Delta waterways.
P-13. Local governments that have or plan to have marine patrol programs shall ensure that adequate funds are reserved for marine patrol services. Sources could include: reservation of existing funds such as vessel property tax, launch ramp fees, fines collected from violators, county share of Fish and Game Code violation fines, and possible funds generated from rental houseboats, boats or personal watercraft, or from marina berths.

Marine Patrol, Boater Education, and Safety Programs Recommendations:

R-1. The Coast Guard should host at least one and preferably two meetings per year of marine patrol programs to promote coordination and communication between the programs. Attendees should include: Counties, Cities, Ports, Department of Fish and Game, Department of Parks and Recreation, and any non-profit or volunteer groups providing education and training or patrol services in the Delta waters.
R-2. Department of Parks and Recreation (DPR) rangers should continue to patrol the State parks, and provide as much supplemental assistance to local governments and to Department of Fish and Game as possible. DPR rangers should enforce hunting and fishing laws and enforce pollution laws on the waters of the State parks.
R-3. Department of Fish and Game wardens and DBEEP staff should inform the Coast Guard of their general activities, and special enforcement programs.
R-4. A system for State peace officers to inform local government marine patrols of intoxicated boat operators should be developed and instituted.
R-5. Department of Boating and Waterways should continue boating education programs and continue current programs to fund installation of new pumpout facilities.
R-6. Non-profit and volunteer organizations should continue to assist in patrolling the Delta and offering assistance, such as towing, to stranded boaters. Boater education and inspection programs carried out by volunteers should continue and be promoted by all entities associated with Delta boating.
R-7. The Legislature should carefully and thoughtfully consider possible legislation and funding to enhance boater safety and welfare which may be suggested by local and State enforcement programs or by non-profit/volunteer groups, such as mandated boater training, hazard removal, hazard posting, and pollution cleanup.
R-8. The Legislature should designate adequate funding for boater education and marine patrol services.
R-9. The Legislature should consider possible legislation requiring boaters and PWC* operators to attend boating education and safety programs.
R-10. The Coast Guard should coordinate its vessel documentation program with the State of California to ensure that funds that would otherwise support boating programs are not diverted through the federal vessel documentation program.