DATE: Monday, September 29, 1997            TAG: 9709290067

SECTION: LOCAL                   PAGE: B2   EDITION: FINAL 

SOURCE: BY TONI GUAGENTI AND BILL REED, STAFF WRITERS  

DATELINE: VIRGINIA BEACH                    LENGTH:   90 lines

EFFORTS ARE UNDER WAY TO LIMIT RECKLESS USE OF PERSONAL WATERCRAFT

In the wake of a summer laden with personal watercraft accidents, local efforts are under way to get the state to crack down on the use of the vehicles.

In doing so, Virginia Beach has joined a national debate over the right of government to single out and regulate a group of people who say they're just exercising their personal freedoms.

Concerns about the growing number of Jet Skis and other water scooters have led federal officials, several state legislatures and now Beach leaders to find ways to ensure safety and protect the environment.

Earlier this month, the Virginia Beach City Council formed a nine-member advisory commission and charged it with recommending ways to control personal watercraft.

The committee's findings will be forwarded to the Beach's General Assembly delegation to Richmond before lawmakers meet in January.

Faced with mounting complaints about the reckless behavior of some water scooter operators, Vice Mayor William D. Sessoms Jr. last month unsuccessfully called for a temporary ban on their use. The Beach had at least 18 accidents involving the vehicles this year, none of which involved a fatality.

Sessoms' crusade parallels national efforts to clamp down on the use of personal watercraft.

Two weeks ago, the National Park Service called for an emergency rule banning water scooters from all national parks, lake shores and recreation areas unless local park superintendents take action to allow them.

John Stasko, manager of the Back Bay National Wildlife Refuge in Virginia Beach, said personal watercraft haven't been a problem in the refuge.

The refuge is part of the National Wildlife Service, which is a separate agency from the National Park Service. This means that the rules drafted by one don't necessarily apply to the other, even though both come under the U.S. Department of Interior.

``Courts have established that if activities on navigable waters keep us from performing our mission, the courts will uphold regulations prohibiting these activities,'' Stasko said.

He said water scooters can cause disturbances in environmentally sensitive areas by their loud noise, by churning up waves against the shoreline and by disturbing growth in shallow water through the engine's jet action.

Robert Matthias, assistant to the city manager, said the Jet Ski Advisory Commission will work with Virginia's Department of Game and Inland Fisheries, which has been conducting a boating safety study.

``I suspect any recommendations Virginia Beach comes up with are going to cover boating safety in general,'' Matthias said. ``Regardless of what kind of watercraft you're operating, if it's done dangerously, it's inappropriate.''

While the commission has yet to meet, people are weighing in.

Lillie R. Gilbert, an at-large member of the city's Parks and Recreation Commission, called last month for limiting personal watercraft use to licensed car drivers.

In her letter to the commission, Gilbert asked that the use of water scooters be restricted in environmentally sensitive areas such as Back Bay, False Cape State Park, London Bridge Creek to West Neck Creek, and the oceanfront from Cape Henry to Rudee Inlet.

The Jet Ski Advisory Commission also has gotten some unsolicited support from the city's Planning Commission. Last month, planning commissioners asked two property owners to consider voluntarily banning the launching of personal watercraft from a proposed boat ramp and pier off West Landing Road on the North Landing River.

The commission said that area of the river is too narrow and congested for both boats and water scooters. The City Council has yet to hear the proposal.

David Gaskins, a member of the Jet Ski advisory board, said he's not sure the Planning Commission had the right to ask the owners to voluntarily prohibit personal watercraft from launching from their business.

Gaskins, a former president of the Tidewater Personal Watercraft Club and competition manager for the International Jet Sports Boating Association, has been doing homework for the advisory commission.

He's talked to Kawasaki, which manufactures a water scooter, about providing additional safety signage at launch ramps.

He also has been in contact with personal watercraft dealers about loaning out a craft so members of the commission can take a ride.

``I don't think you can go into anything without knowing all the facts,'' Gaskins said.

Councilwoman Reba S. McClanan, another advisory commission member, said, ``I don't know if I have the nerve to ride one or not. The way I see the things being driven . . . I'm scared of them.''

Sessoms said he thinks the group can accomplish its mission in three or four meetings.

``We're going to hit it hard next week,'' Sessoms said. ``There's a desired goal . . . to come up with something that can be a win-win if possible.''

He said the group would look at increasing the minimum operating age, currently 14; water scooter rentals; and licensing operators.

Police beefed up patrols on the waterways last month, and last week the City Council agreed to spend more than $80,000 for four jet boats that will be used to help patrol water scooters. MEMO: Knight-Ridder/Tribune Business News contributed to this report.

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