Article

A new monthly series from the NMMA will highlight the Association’s policy activity by region, summarizing government actions that are impacting marine businesses and consumers, from COVID-19 regulations, to conservation, fisheries and other advocacy priorities. 

Before kicking things off with a breakdown of what’s happening in the Southern states, here’s an update on states reopening and mask wearing across the country. With COVID-19 cases increasing, some states are pausing their reopening plans to try and stop the spread. The following states have paused reopening plans: Connecticut, Delaware, Florida, Indiana, New Jersey, Louisiana, Oregon, Texas, and Washington. The following have reversed portions of their reopening plans: California and Texas.

Several states have adopted requirements for the general public to wear masks while outside their residences, including the workplace. Employers are advised to develop a compliant policy. States requiring masks for general public: Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Virginia, West Virginia and Washington. Local governments in many states also require face coverings.

Southern Region

Travel Restrictions: Floridarequires all visitors traveling from New York, Connecticut and New Jersey to isolate or quarantine for 14 days.

Business Liability: As businesses deal with the ramifications of the COVID-19 pandemic, outdated business liability rules have come to the forefront of business protection needs.

• Alabama – Executive Order SOE8 protects eligible businesses against claims of on-premises exposure to COVID-19. However, the immunity does not apply to lawsuits in which a plaintiff shows “clear and convincing evidence” of a businesses’ “wanton, reckless, willful, or intentional misconduct.”
• Arkansas – Executive Order 20-33 protects any business that opened or remained open during the pandemic. All persons in the State of Arkansas are immune from civil liability for damages or injuries caused by or resulting from exposure of an individual to COVID-19 on the premises that they own or operate.
• Georgia – Senate Bill 359 would provide immunity to businesses from liability for damages in COVID-19 liability actions unless the claimant can prove gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. The legislation is under Governor Kemp’s review and awaits his signature.
• Louisiana – Senate Bill 491 protects any person, who renders disaster relief, recovery services, or products outside of the typical course and scope of their operations in coordination with federal or state governments.
• Mississippi – Senate Bill 3049 protects any person who attempts in good faith to follow applicable public health guidance from civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19.
• North Carolina – House Bill 118 protects a person or business from being liable for any act or omission that does not amount to gross negligence, willful or wanton conduct, or intentional wrongdoing.
• Oklahoma – Senate Bill 1946 protects any person who conducts business in the state. Businesses shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 as long as the business was in compliance or consistent with federal or state regulations.
• South Carolina – The Legislature is considering the “South Carolina COVID-19 Liability Safe Harbor Act”.If enacted, it would provide liability protection for any business or Individual that reasonably adheres to public health guidance.
• Tennessee – The Tennessee Recovery and Safe Harbor Act stalled in the final moments of the legislative session. The legislature is currently in recess; however, leadership has hinted that it would call a special session in the fall to address business liability protections.

Anchoring Legislation: On June 23, Georgia Governor Kemp signed HB-833 into law, which fixes several issues that unnecessarily restricted boaters’ access to anchor Georgia’s tidal waters. The new law established responsible and reasonable docking regulations that put the recreational boating community’s needs at the forefront. It reduces the former 1,000-foot anchoring setback distance to allow docking for vessels in the following manner:

• 150 feet from a structure (including a private dock, pier, bridge, or wharf);
• 300 feet from a marina; and
• 500 feet from a shellfish bed.

HB-833 also creates “short term” (14 days) and “long term” anchoring. Vessels now can anchor for 14 cumulative days in the same location before needing to apply for a long-term anchoring permit. It also removes unnecessary sewage discharge requirements that already are addressed in federal law.

Conservation:

• South Carolina – A bill that would establish a “Thirty-by-Thirty Interagency Task Force” was introduced into the legislature last February. H 5125/S 1024 was referred to the agriculture and natural resources committee in both chambers, however no hearings have been held. The legislature has adjourned and is expected to return in September. The proposed task force, comprised of the Director of the Department of Natural Resources, the Director of the South Carolina Conservation Bank, and the Director of the Department of Parks, Recreation and Tourism, would identify and implement goals to conserve 30 percent of the state’s land and waters by 2030.
• Florida: NMMA supported HB1061, which created the Nature Coast Aquatic Preserve off the coasts of Citrus, Hernando, and Pasco counties. North Coast links with other West Coast preserves to protect the area’s biological, scientific, and aesthetic value for future generations of boaters and anglers.

Wakesurfing: In North Carolina, the Lake Norman Marine Commission (LNMC) held its first meeting regarding lake use. The commission discussed safety issues and the effect waves are having against the shoreline by all boats. The need for boater education was highlighted as a priority moving forward. NMMA is working with LNMC as well as the Water Sports Industry Association to enhance safety and education while maintaining equitable access for all users.

Fisheries: At its July Commission meeting, the Florida Fish and Wildlife Conservation Commission (FWC) approved changes to Florida’s Atlantic bluefish regulations. Bluefish from Maine through the Atlantic coast of Florida make up a single population. A 2019 federal stock assessment found that this Atlantic population of bluefish is overfished. Because of the assessment results, federal fishery managers adopted more restrictive recreational bag limits in federal waters, and the Atlantic States Marine Fisheries Commission is requesting states implement similar regulations. Changes approved by FWC include reducing the recreational daily bag limit from 10 to three fish per person along the Atlantic coast from Nassau through Miami-Dade counties; and clarifying language that FWC regulations for bluefish do not extend into federal waters of the Atlantic. The effective date for these changes is to be determined. For more information about Atlantic Bluefish, click here.

Environmental Regulation: With significant lobbying by NMMA, Florida revised its permitting process for the repair or replacement of residential docks to reduce the ability of local governments to seek redundant permit reviews by state environmental officials. This change was triggered by complaints from citizens who faced unnecessary requirements when repairing docks damaged by hurricanes.

Contact David Dickerson, [email protected], or Lee Gatts, [email protected], with questions or for more information.