Coast Guard to step up enforcement on many area lakes
>
> By Marshall Helmberger
>
> The U.S. Coast Guard will begin enforcing longstanding federal
> regulations on area lakes, beginning next spring.
>
> Coast Guard officials in Duluth say theyre planning a major
> enforcement effort on federally-navigable waters throughout the
> border country, and the fallout to local outfitters, fishing guides
> and others who carry passengers for hire could be significant.
>
> Word of the Coast Guards push was made official this week during a
> lightly-attended meeting in Tower. Mike Lebsack, commander of the
> Coast Guards Marine Safety Unit in Duluth told a small group of area
> fishing guides that they will be subject to federal licensing and
> other requirements if they operate on federally-navigable waters.
> That designation includes all of the big border lakes, such as
> Basswood, Crane, La Croix, and Namakan, as well as Lake Vermilion and
> Moose Lake, near Ely.
>
> According to Lebsack, the enforcement push is part of an effort to
> ensure the safety of visitors to the area. I think we all want the
> same things for our visitors, said Lebsack. We want them to have a
> safe and memorable trip to northern Minnesota.
>
> The planned Coast Guard initiative isnt the result of any new laws.
> Most of these regulations have been on the books since 1968, said
> Lebsack, who noted it was a lack of resources that prevented
> effective enforcement in the past. But in the wake of some prominent
> fatal accidents in other parts of the country in recent years,
> Congress appropriated more funding for enforcement, said Lebsack.
> This is happening all across the country. Its got high level support
> within the Coast Guard and its not going away, he added.
>
> While few would dispute the stated goal of the Coast Guards efforts,
> there is already plenty of criticism of their approach. Id say fifty
> percent of the guides on Vermilion are totally against it, said Cliff
> Wagenbach, of Cliffs Guide Service, who works mostly on Lake
> Vermilion. I think some others are for it, because they think it will
> eliminate some of the competition.
>
> Some guides are already worried they could be among those operators
> forced out of business. Terry Sjoberg, who operates Ace Guide
> Service, and gets around with the assistance of a cane, worries
> whether he could pass the required physical or whether hes mobile
> enough for the mandatory CPR training.
>
> Those requirements are just two on a laundry list of steps that
> operators will need to take to obtain a federal license and
> identification card. All boat operators will now have to pass a
> training course, a background check, and a drug screening. They also
> must be enrolled in a random drug and alcohol testing program.
>
> Completing the list wont come cheaply. A Coast Guard document
> indicates the required training course will cost $750, while the
> obtaining a federally-issued identification card runs $132.50. In
> addition, operators will also need to pay for drug testing,
> physicals, and CPR and first aid training. All together, its likely
> to run $1,200 to $1,300 said Sjoberg, The license is good for five
> years, which reduces the annual cost, but Sjoberg says its enough
> expense and hassle that some of the part-time guides may just give it
> up.
>
> Wagenbach agrees. It will eliminate a lot of guides, or make crooks
> out them, he said.
>
> Towboats a special challenge
>
> If fishing guides are concerned, the outlook for towboat operators
> could be even more problematic, since most rely heavily on high
> school and college students to operate their boats during the
> three-month summer season. Blayne Hall, of Williams and Hall
> Outfitters on Moose Lake, said the impact of requiring each of those
> students to obtain federal licensure and be enrolled in drug testing
> programs would be enormous. If this does happen, it would be the most
> ridiculous affront to the people of the area, he said. I can not
> imagine these guys really wanting to fight this battle.
>
> Hall questions whether the Coast Guard understands how burdensome the
> new regulations could be. They want a college kid who runs a boat up
> and down the lake with canoes to have the same licensure as someone
> captaining a fishing trawler in the Gulf of Mexico. It would sure be
> a huge economic impact to the area. Hall notes that the Coast Guard
> has made similar enforcement pushes in the past, only to suspend
> their plans in the face of a host of political and logistic pitfalls.
>
> Ely Mayor Roger Skraba said he doesnt think thats the case this time.
> The Coast Guard is not going to back down, he said. I want my
> constitutents to understand that this is for real. Skraba said hes
> asked the Coast Guard to hold a second informational meeting in the
> next few weeks, in Ely, to get the word out to more affected business
> owners.
>
> Skraba said operators will either have to adapt to the new
> regulations or fight for changes. Maybe now we need to get Sen.
> Klobuchar and Franken and Congressman Oberstar in a room and get some
> changes made. We want the public to know its going to be safe, but
> its unrealistic to impose standards designed for ocean travel, he
> said.
>
> Lebsack said the Coast Guard isnt trying to put people out of
> business, and he said he plans to work with operators to help them
> comply with the laws. There is some room in the rules for relief for
> some special situations, said Lebsack. I understand its difficult,
> theres just no way around it, he said.
>
> Both Lebsack and Skraba said they will work towards establishing the
> required training courses at Vermilion Community College to make it
> more accessible to operators in the Ely and Tower area.
>
> Penalties could be severe
>
> While the expense and hassle of compliance could prompt some guides
> or other boat operators to try to skirt the rules, that could prove
> very costly, according to Lebsack. If an operator is found operating
> without a license, or outside the scope of their license, the fine
> could be as much $27,500. Thats the maximum, Lebsack said. Failure to
> be enrolled in a required drug testing program is subject to fines up
> to $5,500.
>
> If such fines are sufficient, the Coast Guard has investigative
> powers that could thwart any efforts to get around the rules. For
> example, the Coast Guard can obtain an individuals tax records to see
> if they reported income from guiding. Its such powers that concern
> guides like Sjoberg, who worries he could be investigated if he cant
> pass a physical to get licensed. Will they be looking through my tax
> returns, or harassing me on the lake, to see if Im still guiding? he
> asked.
>
> Wagenbach agreed. "It's going to be a real pain."
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