Memorandum
of Understanding between the United States Coast Guard and
the National Association of State Boating Law Administrators
Purpose
This Memorandum of Understanding (MOU) formally
establishes a cooperative agreement between the United States
Coast Guard (USCG) and the National Association of State Boating
Law Administrators (NASBLA). The United States Coast Guard
and the National Association of State Boating Law Administrators
recognize that by working together they may better provide
to the boaters of America the benefits of the services and
assistance available through both organizations.
Background
The United States Coast Guard, the Nation's
oldest continuous sea-going service, is a multi-mission maritime
service and a branch of the Nation. s Armed Forces whose personnel
are proud of their traditions as lifesavers and guardians
of the sea. Its mission is to protect the public, U.S. economic
interests, and the environment . at sea, along the Nation.
s coasts, in U.S. ports and waterways, and internationally.
As part of its mission to provide quality service to the American
public as a maritime humanitarian and safety organization,
the USCG is mandated by statute (46 U.S.C. 13101) to carry
out a National Recreational Boating Safety (RBS) Program.
The statute specifies that the purpose of the program is "[t]o
encourage greater State participation and uniformity in boating
safety efforts, and particularly to permit the States to assume
the greater share of boating safety education, assistance,
and enforcement activities& ". As coordinator of
the National RBS Program, the USCG has broad statutory authority
to carry out an overall RBS program, including financial assistance
for State programs and national nonprofit public service organizations;
oversee the national boating safety outreach, promotion and
awareness program; administer the recreational boating product
assurance program to establish and enforce safety standards
for boats and associated equipment; and collect, analyze,
and publish recreational boating statistics. The National
Association of State Boating Law Administrators is a professional
association consisting of State, commonwealth, and provincial
officials having responsibility for administering and/or enforcing
State boating laws. Non-voting membership is open on an associate
basis to others who are interested in boating safety issues.
The association is widely recognized for its stewardship of
recreational boating safety. NASBLA promotes boating safety
by providing a medium for the exchange of views and experiences;
fostering interstate and Federal-State cooperation and coordination
in boating safety issues; promoting greater efficiency in
administration and enforcement of boating laws; and, as feasible
and desirable, promoting consensus of State views on any subject
within the association. s interests, including the effective
presentation and dissemination of these views. NASBLA coordinates
reciprocal arrangements/agreements of State and private boating
education programs, promotes uniform boating regulations through
the adoption of model acts and policies, and strives for the
general advancement of boating safety. Through its many activities,
NASBLA has successfully fostered cooperation and coordination
among the States in addressing boating safety issues. This
expertise is invaluable in promoting innovative and improved
boating safety programs to the boating public. Since enactment
of the Federal Boat Safety Act of 1971, the U.S. Coast Guard
and the States, working within the forum of NASBLA, have made
great strides in improving the delivery of RBS services to
the boating public. However, despite many successes, the boating
environment of America. s waterways is continually evolving
and providing new challenges. Therefore, in acknowledgment
of the 25th Anniversary of the enactment of the Federal Boat
Safety Act of 1971, it is appropriate that the United States
Coast Guard and the National Association of State Boating
Law Administrators reaffirm their commitment to the safety
of the estimated 76 million Americans . more than one-fourth
of the American population . who enjoy recreational boating
each year. Acknowledging the potential importance and public
good that their roles as partners in boating safety programs
can provide, USCG and NASBLA recognize that this partnership
can be made even more productive by a written understanding
that defines the basic principles underlying this relationship.
For those reasons, the USCG and NASBLA enter into the following
Memorandum of Understanding.
Scope
Both the U.S. Coast Guard and the States
have a common mission to advance and encourage the continuing
development of a National Recreational Boating Safety Program.
The purpose of this Memorandum of Understanding is to formally
validate the long-standing cooperative partnership between
the USCG and NASBLA in their mutual goal of providing a safe
and enjoyable environment for boaters on America. s bountiful
. but increasingly congested . waterways, and to mutually
reaffirm the commitment of each to ensure this productive
partnership continues into the 21st century. By mutual agreement,
the USCG and NASBLA will hold intergovernmental sessions for
the expressed purpose of coordinating their respective boating
safety resources and addressing all issues affecting the boating
public. As evidence of this agreement, the USCG will actively
participate in NASBLA. s deliberations at the committee and
conference levels and will seek NASBLA. s advice on all issues
that affect the State recreational boating safety programs
and other areas of mutual concern. In addition, the Coast
Guard will host workshops or other appropriate forums with
NASBLA and individual State boating officials. The success
or failure of the State boating safety program is due in large
part to the availability of the Aquatic Resources Trust Fund
(Wallop-Breaux). The level of this funding is dependent on
the Congress and the Administration. However, NASBLA and the
Coast Guard will strive to illustrate the positive use and
effectiveness of these funds and seek the States. fair share
through the authorization and appropriation process.
Collaborative Work
The USCG and NASBLA will continue to work
together at a national level to identify opportunities to
strengthen both national and local collaborative efforts.
Initial efforts will focus on:
- Continuing to development and support
NASBLA committees in support of the Recreational Boating
Safety Program goals and objectives;
- Providing support of NASBLA. s efforts
in resolving the many boating safety issues and conflicts
that arise and to help maximize efforts to ensure uniformity
and reciprocity of State boating safety laws by determining
the amount of funding from the 2% administrative funds and
5% nonprofit grant funds needed to carry out the work of
NASBLA. s Executive Board, committees, and other assignments
and related duties.
- Illustrating the need for NASBLA
to work in partnership with the USCG in identifying suitable
grant projects and potential grantees.
NASBLA and the USCG recognize that any venture
is only as successful as the joint efforts of both participants.
As the major participants in recreational boating safety,
each recognizes that we are an inseparable team in many areas,
including but not limited to major program goals such as search
and rescue, education and law enforcement. NASBLA and the
Office of Boating Safety of the U. S. Coast Guard will make
every effort to keep an open line of communication to resolve
all conflicts that may arise on boating safety issues. However,
there will always be an open line of communication between
the Commandant of the Coast Guard and the President of NASBLA
on those isolated issues that may require their attention.
Effective Dates
This Memorandum of Understanding is effective
as of the date indicated below and shall remain in effect
unless terminated by written notice by either party. This
agreement can be reopened for amendment by either party at
any time by written notice.
For the . . . UNITED STATES COAST GUARD
Robert E. Kramek, Admiral, USCG, Commandant
For the . . . NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS
Ed Carter, President
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