Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 25, 1990 TAG: 9005260470
SECTION: SMITH MOUNTAIN LAKE PAGE: SMT-4 EDITION: BEDFORD/FRANKLIN
SOURCE: SHARON HODGE SPECIAL TO THE ROANOKE TIMES & WORLD-NEWS
DATELINE: LENGTH: Medium
This year is no exception.
A recent U.S. Coast Guard tour of the lake reawakened concerns about overlapping responsibilities for policing Smith Mountain Lake.
But fears that the Coast Guard is planning to take over policing responsibilities now handled by the State Department of Game and Inland Fisheries are unfounded, said Lt. John Sifling of the Coast Guard's marine safety office in Portsmouth.
Sifling said the recent visit by Coast Guard officials was limited to the inspection of commercial tour and cruise vessels. Coast Guard patrols are not expected to be a regular sight this summer, he said.
Jurisdictional disputes date to the lake's completion in 1966. The underlying question has been: Is Smith Mountain Lake under the control of federal or state agencies?
A 1977 ruling by U.S. District Judge James Turk established the 20,000-acre reservoir as a navigable waterway and established the right of federal agencies to oversee anything from dock construction to boat safety.
But the Corps of Engineers, Interior Department and Coast Guard have kept their involvement to a minimum - much to the relief of some lake residents who see federal involvement as duplicative or meddlesome.
A truce has been maintained for several years. Local governments enforce zoning and dock regulations. The state Department of Game and Inland Fisheries patrols the lake and conducts safety inspections. And the Corps of Engineers regulates dredging and rip-rapping of the shoreline.
So the recent visit by the Coast Guard - which hasn't had regular patrols at Smith Mountain Lake in more than a decade - raised concerns about revisiting old battles.
Sifling said the Coast Guard had received several complaints about unlicensed commercial boat operations at the lake. Under federal law, people operating boats for hire must obtain a licence from the Coast Guard.
"That's mostly a safety concern," he said. "We want to be sure that those people in charge of the safety of other people are trained in basic skills."
While commercial vessels should have been meeting the licensing requirements "for the past several years," Sifling said tour and guide boats have not been complying.
Sifling said any craft carrying six or more paying passengers will be required to pass an inspection by the Coast Guard. Operators of those tour, guide and cruise vessels also would need to obtain a license, he explained.
The possibility that commercial boat owners would have to travel to Portsmouth to take licensing examinations concerns the Smith Mountain Lake Policy Advisory Board, a quasi-governmental body.
At the board's meeting last month, Executive Director Liz Parcell recommended the licensing exam be given in the lake area.
Sifling later said the site of the examination and deadline for compliance were under consideration.
Sifling said there is no question about the state's ability to monitor boat activity at the lake. But the Coast Guard "would be derelict" if it didn't come for a first-hand look after receiving phone calls regarding possible improper boat activity, he said.
Sifling foresaw no conflict in state and federal agencies sharing jurisdiction over commercial boating operations. "There are a broad range of responsibilities," he said.
For instance, the Coast Guard will issue licenses and state game wardens may check for licenses while performing routine safety equipment and registration checks, he said.
After his visit, Sifling said he was surprised by the extent of shoreline development at Smith Mountain Lake. Increased boat traffic makes regulation of commercial that much more important, he said.
For the average boater, it matters only slightly who has jurisdiction, Sifling said. Boating laws and penalties for violations will remain the same regardless of who enforces them, he said.
by CNB