Running head: DOCKING BOAT POLLUTION 1

Docking Boat Pollution: Impacts of Recreational Boating on the Environment

Catrina M. McCoy
First Colonial High School
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Abstract
A legal and scientific review into the detriments of recreational boating on the environment.

This paper uncovers the impactors and results caused from the use and existence of motorized

personal marine vessels used for leisure activity. Included with the history of pollution and

major changes that have occured. The paper mainly covers US law, but also incorporates state

to state focusing on Virginia. The analysis of the Clean Water Act, US Coast Guard, and

Environmental Protection Agency shows the lack of regulation for this type of pollution. Other

countries’ law have tactics that prove beneficial to pollution decrease and this paper compares

them to US law. Propositions for remedies and regulations are mentioned to achieve the least

amount of pollution.
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Docking Boat Pollution: Impacts of Recreational Boating on the Environment

Recreational boating is a leisure activity that proves detrimental to the environment.

The most common boats used for recreation are powerboats and personal watercrafts. Being a

discretionary action as well as large contributor to water pollution and the decline of water

quality means that this pollution factor can be easily changed and regulated. There are several

factors from just one vessel that pose numerous threats to water purity. The pollution impact

will not be significant if it were not for the growing industry. One vessel in operation can do

little harm, but because there are millions of vessels spread across the entire country the issue

becomes more pressing. Certain models of fuel tanks are prone to hazardous leaks, boat paint

and debris contaminate the surrounding waters with dangerous chemicals, and the dumping of

waste supplies harmful pathogens that are a threat to marine ecosystems as well as water

supply. Virginia is a coastal state with varying bodies of water including the Chesapeake Bay and

Atlantic Ocean. Having various bodies of water contributed to the marine biodiversity for

Virginia ecosystems. Even tough Virginia has numerous important waterways, protection from

recreational boaters is limited. Currently all US waterways are regulated by the Environmental

Protection Agency (EPA) and enforced by the US Coast Guard. The issue that arises is the

absence of regulation and enforcement for recreational boating. The liberty given to

recreational boaters in legislation leads to increased contaminated water, shoreline erosion, and

compiled waste with no prosecution.

Impactors
Engines
Two-cycle outboard engines are one of the biggest contributors to pollution due to their

release of large amounts of unburned fuel and exhaust levels all in the same cycle. They have

lubricant oil which includes the following: zinc, sulfur, phosphorus mixed in fuel that causes
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increased pollution. Other older engines contribute these same effects as they drain unused

fuel straight into the water. Newer engines, such as four-stroke engines, have reduced this

factor by including a recycling factor (Milliken and Lee, 1990). Before receiving a license in

Virginia you must pass a certification test. There is information on how to be a responsible

boater which mentions the dangers of using two-stroke engines. Despite the dangers, two-

strokes and other older models are still readily available in the boating market and are still

commonly used.

Electric Engines. Electric engines are not a recent development, in fact, the first

development of electric boats was worked on along side electric cars by Moritz Hermann von

Jacobi in 1834. There seemed to be an increase in curiosity for electric boats and hope to

become the default choice. However, with the development of the combustion engine, the

popularity for electric engines declined. Soon electric boats only appeared in environmentally

fragile areas that banned use of steam and motor boats (ETHW, 2014). The electric motor poses

no harmful fuel factors; however, there are still harms to using them that will exist for every

boat such as: water disruption, paint toxins, and human waste (Milliken and Lee, 1990).

Toxicity
Boats need coating to protect their structures from erosion, algae, and parasites in the

water. However, the coatings used in the typical paints and liner contain harmful chemicals.

Copper used in boating paints and coating is commonly found in marine organisms especially

muscles and macroalgae. This affects the taste and life of these organisms as the copper is toxic

to them. Recreational boaters commonly use antifouling paints which prevents the sea

creatures who tend to attach themselves to the bottoms of boats. These antifouling agents
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contain highly toxic chemicals. One threatening chemical that has played a crucial role in the

declination of the oyster and clam population is tributyllin, or TBT (Milliken and Lee, 1990).

Contents in paint such as copper, lead, and TBT “cause disease, genetic mutations, birth defects,

reproductive difficulties, behavioral changes, and death in many marine organisms”

(Kocheemoolayil and Andy, 2015). As a boat endures decomposition and normal wear and tear,

the remains end up in the water and subsequently in the marine organisms themselves. Recent

research proving these effects have lead to recent use of less harmful ingredients in paint;

however, TBT, copper, and lead based paints are still used today (Kocheemoolayil and Andy,

2015). It is important to keep the aquatic ecosystem as pure as possible since many of the

marine species require a perfect condition to survive. These dangerous chemicals are an

inescapable predator toward marine organisms. The use of organic paints or providing a

smoother surface are alternatives to prevent barnacles and unwanted parasites on a vessel

while also preventing the pollution of chemicals and adding to the toxicity of the water. There

are simple ways to relieve the threat of toxicity such as using wax coats as an alternative to

antifouling ("The Environmental," 2017, p. [Pages 2-3]). Another source of water contamination

comes from stormwater. With intense rain comes runoff. The rain will wash off the boat of

debris and chemicals into the water causing pollution. This runoff contains iron particles and

any other plastic or waste (J. T. Lang, personal communication, November 19, 2018).

Waste

There are several laws in Virginia to protect the waterways against sewage dumpings,

but the problem continues to persist. Boaters are able to discharge waste legally and illegally

without consequence. Just 30 years ago the EPA with the Marine Protection, Research and
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Sanctuaries Act (MPRSA), allowed dumping sewage into the ocean. They still do to a certain

extent. On top of permits there were designated dumping sites that allowed disposal of various

dangerous chemicals. Luckily the MPRSA was banned and now the EPA rarely gives permission

for individual dumping (EPA, n.d.). With or without disposal legislation, sewage disposal is still a

problem due to the absence of marine law enforcement. Effects of wastes are an increase in

biological oxygen demand (BOD) and increase presence in microbial pathogens. BOD is the

amount oxygen required to decompose waste. An increase in waste leads to an increase in

demand for oxygen to break down that waste. It becomes a dangerous system when there is an

increase of waste and a decrease in oxygen. The harmful stressors on the environment, such as

boats, are leading into this system. The increase of pollution leads to killing off oxygen

producing organisms, but we need the oxygen producing organisms not only to survive but to

reduce the pollution created.

Effects
Just as cars pollute the atmosphere by contributing to the carbon dioxide output in the

environment, boats pollute water and the atmosphere in the same ways. Fuel powered boats

require gasoline to function which is the main contributor to the hydrocarbon output. The

fueling for marine vessels contain over 100 compounds of hydrocarbon. Most marine engines

use regular gasoline or diesel fuel. Hydrocarbon is emitted from diesel and gas boat engines

either from exhaust or combustions they contribute to the pollutants and harmful chemicals in

the water. Pollution factors from one vessel has minimal effects; however, multiply that one

vessel by the 224,031 registered boats in virginia, then the 11,961,568 registered in all the

states and the effects become much more apparent (2017 Recreational, 2018, p. [Page 71]).

Erosion
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Shoreline Erosion is a detrimental to the marine ecosystem, although the effects from

this erosion reaches humans. Loss of coastal land due to erosion leaves many areas of prime

real-estate to be susceptible to sinking, loss of land, and increase of insurance rates. The

erosion of land is a natural cause of tidal shifts and waves; however, the areas with high

amounts of boat traffic are eroding and a much higher rate. The Chesapeake bay has

experienced a progressively increased boat activity each year, as well as all of Virginia in the

construction of piers in residential areas (Isdell 2014). “The results indicated that each boat

passage resulted in 0.01 - 0.22 mm of erosion at a given location on the shoreline. These rates

were well-supported by measured rates of cumulative shoreline erosion after multiple

(hundreds of) boat passages. The

variability in erosion potential of shorelines makes it unlikely that these specific rates will apply

to shorelines in other regions; however, they demonstrate that the additive effect of multiple

boat passages can lead to measurable erosion” (Bilkovic, Mitchell, Je. Davis, Andrews, King,

Mason, Herman, Tahvildari, Ja. Davis, 2017). With this information there is an apparent relation

to the rise in recreational boating and the rise of shoreline erosion.

Nutrient Pollution

Nutrient Pollution is one of the most pressing environmental issue in today’s climate. To

describe what nutrient pollution is you have to take into account several factors. The EPA

defines it as pollution “caused by excess nitrogen and phosphorus in the air and water”

("Nutrient Pollution," 2018). These chemicals allow algae to build and thus affected the habitat

for marine life. “Nutrient pollution from human activities makes the problem worse, leading to

more severe blooms that occur more often.” (“Harmful Algal”, 2018) Being one of the top
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contributors to NOx into the atmosphere makes recreational boating a large donor for nutrient

pollution.

Opposing Arguments

Marine technology has made great strides to reduce the pollution by 90% in

hydrocarbon and NOx emissions. Four-stroke engines have greatly improved the water

pollution effects by about 97% compared to that of a two-stroke motors. The great progresses

in engine remodeling has accomplished great progress to mediate water pollution from

recreational boats. However, other factors still stand such as the effect on the water table and

the disturbance on shallow waters (RMB Environmental Laboratories, inc, 2013). Pollution

from boats is not accurately recorded because of the fact that petroleum is not completely

recorded on the water table when

research is taken for pollution. Petroleum is able to sink into sediments, going undetected by

research samples, and still polluting the marine life (Milliken and Lee, 1990). China is the leading

polluter in the world contribution to water pollution. China has the largest emissions of

pollutants; however it was just in the past decade that they surpassed the United States. (Gillis

& Popovich, 2017, p. 1). The magnitude of pollution from another country should not change

the urgency of remedying the pollution in one. The United States is still on of the largest

contributors to pollution and the Mississippi River is one of the most polluted rivers in the

world. So just because another country seems to be doing worse on the pollution front does not

mean that we are in the clear.

Law

The limit on laws for recreational boating gives pollution the upperhand in the battle for
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clean waters. Legislation and enforcement hold recreational boats to the same standards of

industrial boats despite their vast differences. The coast guard is the enforcer of all boating

regulations (J. T. Lang, personal communication, November 19, 2018). However many laws and

regulations enacted upon boaters, the enforcement is extremely difficult to execute due to the

lack of coast guard ability to be present in all circumstances as well as the easy ability to go

unseen and unidentified when breaking boating laws. The Clean Water Act was a major

improvement for environmental protection, but there has been few regulation since then

especially for nutrient pollution from nitrogen and phosphorous.

Clean Water Act

The origin of the Clean Water Act was enacted in 1948 and was called the Federal Water

Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. The

Clean Water Act is the basis for regulating discharges and pollutants in the waters of the United

States. On July 29, 2008, Congress passed the Clean Boating Act (CBA). Under the Clean Water

Act, recreational boaters are allowed to receive permit to discharge waste. With the CBA

amending the CWA, the EPA must now review each desired discharge and mitigate disastrous

effects from these discharges and be checked by the US Coast Guard to ensure the discharge is

manageable. Local, state, federal statutes, or international treaties and regulations may be

enacted that are more stringent, but the Clean Boating Act enables the United States Coast

Guard to easily enforce these regional rules and regulations. The Clean Water Act purpose is to
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protect and maintain water quality standards with the United States. These incidental discharge

of waste from recreational watercraft as small as a kayak or as large as a yacht are not covered

under the laws provisions since the Clean Boating Act was initiated. Instead, the agency is

tasked with submitting guidelines and policies that each watercraft owner or operator must

follow voluntarily. Enforcement from the United States Coast Guard is done on a case by case

basis and only when deemed relevant. No fines or penalty structure has been established

(GovTrack, 2018). Title 40 of the Clean Water Act deals with recreational emission of exhaust

and was updated in 2008 to increase the regulation on hydrocarbon and oxides of nitrogen.

This progress to place more regulation on recreational boats proves hopeful for future

legislation to further define limitations from the pollution of recreational boats. “The Secretary

of the... Coast

Guard shall engage in such research, studies, experiments, and demonstrations as he

deems appropriate on equipment to be installed on small recreational vessels.” This check is to

ensure waste disposal equipment is functionable, efficient, and in compliance with pollution

laws. This is a useful section of the Act. Unfortunately, this was the only mention of

recreational marine vehicle in the CWA.

Oil Pollution Act of 1990

The Oil Pollution Act of 1990 is another source of environmental protection that is

applied to recreational vessels. Although it is not specified to recreational boats this is an

effective act that can be applied to various marine vessels. The essential point of this act is to

require boat owners to report a spill or leak. Once reported, owners are responsible for

mitigation and clean up or, depending on the severity, cost of environmental damage. This
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regulation is vidal for prosecution of polluters; however, an issue once again arises with

enforcement. Recreational boat oil spills may be minor, but still prove detrimental to the water

quality. Being mobile allows boats to leave the scene of a spill without consequence. Coast

Guard enforcement is not readily available to detect every spill so they often go undetected

(EPA, n.d.).

Differences Between Areas

Europe

The study completed in Loch Lomond, a lake in southern Scotland, was a tremendous

advance in hydrocarbon research in Europe. The research for hydrocarbon is scarce across the

world. Despite North America being the leading researcher, there is still a great amount of left

unknown about the impacts and magnitude of hydrocarbons in the water. The study done in

Loch Lomond began with collecting 1 Liter water samples from various areas with a high

amount of boat trafficking around the island and also with low amounts of boat traffic. The

results found in one year 25.50 tons of hydrocarbon was emitted into Loch Lomond (Bannan,

Adams, & Pirie, 2000, p. [Page 250]). As mentioned before, engines as impactors for pollution

come strongly from older engine models. Certain bans have surfaced for two- stroke engines in

the EU because of their inefficiency and polluting ability; however, two-stroke outboard engines

are still sold as an option in practically all parts of the US (Down to Earth, 2015). Europe has

encountered a major water pollution effect in the past years. They have recently began to make

strides in protecting the environment by placing regulation on marine activity.

Queensland

Australia is a leading country in environmental protection and has strict laws. Maritime
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safety is extensive everywhere. However, Queensland provides an accessible informational site

that explains how boaters have an impact on the environment in their mandatory boating

education course. There is a warning of how unburned fuel contains carbon monoxide and

continues into the dangers it poses, protection for smooth and partially smooth waters, and

informs boaters of their individual responsibilities (Queensland Government, 2018).

Queensland boating regulations realize that marine incidents are imperative to act on

immediately. They show this urgency by requiring all incidents to be reported within 48 hours

of the incident while Virginia law has no laws for reporting incidents or any procedures in what

to do in an accident. Another important factor that Australia has constituted is the need for all

vessels more than 15 meters to require boating insurance. There are no US law that require

liability insurance for any boater. There is a reason that automobile drivers are required to have

insurance and boaters should be held to the same standards.

Florida

As both Virginia and Florida are US states, integration to adopt policies will prove to be easier.

Florida has stricter laws when it comes to boater rights. The Coast Guard is not required to

have probable cause when boarding a boat. This ability allows safer boating and easier

prosecution for dangerous boaters (US Coast Guard, 2008). Florida has “No Take Zones” in the

keys and other delicate marine ecosystems that are not just Marine Protected Areas (MPA), but

areas where all human interference is prohibited. Having a completely protected marine area

provides protection for marine biodiversity. Having just one area with no human interaction

flooded over to areas that have been no fish for years abling these areas to finally seeing marine

life.
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Conclusion
The stressors on the marine environment due to recreational boating poses a threat to

the marine ecosystems, and the overall health of the environment. The marine industry and the

boating communities nationwide have been reluctant to accept the changes necessary for the

reduction of pollutants. The number of recreational boaters and marine activity are increasing

every year. New laws or changes to existing regulations under the current laws would establish

a new culture of environment conservation. Marrying the electric motor with organic paint and

equipping all boats with on-board waste disposals will prove for a more environmentally

conscious alternative to the current boat model. This switch will prove to reduce toxicity,

human waste, and eliminate fuel pollution. The efficiency of electric motors is improving every

year, and with the introduction of new technologies, the control of boat motors could evolve in

the same way automotive motors have recently. Larger Boating Companies could make a larger

impact with the switch to electric motors, but also a harder reached audience. The recreational

boater operates on their own discretion and thus is more lenient when making a transition to an

electric engine. Boating for leisure causes unnecessary stress on surrounding waters. Since

there is no sign of eliminating recreational boating completely, it is important to eliminate the

polluting factors of it. This can be done with stricter law, environmentally friendly models, and

higher presence of law enforcement. Changing the course of recreational boating will lead way

to a healthier environment with greater protection for marine ecosystems. There is possibility

for boaters to operate safely with environmentally friendly models, and if this possibility exists

there should be no reason for avoiding it.

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