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Six States Updates

3.30.07
Paddlers Dodge A Tax - For Now

New Hampshire strikes down a fee for canoes and kayaks. But more states may look to tax paddlers.

by Dan Mathers

A New Hampshire bill that would’ve charged paddlers an annual $10 fee to register canoes and kayaks was unanimously defeated by the state senate last week. But the bill’s defeat may merely signal the beginning of a regional and national push to tax paddlers.

The bill
known as SB 255 would have charged the registration fee for all canoes and kayaks used on New Hampshire’s rivers and streams. It would have applied to all individual boat owners, businesses and out-of-state paddlers who use their boats in New Hampshire. Instead of benefiting paddlers, the money raised would have gone to help fund the state Department of Fish and Game. Additionally, the bill would have required all canoe and kayak owners to place two registration decals on their boats.

In recent weeks, the bill was strongly opposed by individual residents and businesses. Matt Menashes, the executive director of the Paddlesports Industry Association, says SB 255 would have been especially hard on canoe and kayak rental businesses, some of whom would have faced thousands of dollars in taxes. They also would have had an additional barrier to selling lower-priced recreational boats, and would have had a large paperwork burden in registering each of their individual vessels.

Ultimately, organizations like Menashes’, canoe and kayak rental businesses, local clubs and individual paddlers sounded the alarm over the bill, and SB 255 was unanimously defeated, with even the bill’s original sponsors voting against it. Legislators cited the vocal opposition to the bill
including out-of-state paddlers who said they wouldn’t come to New Hampshire as reasons they voted against it.

“It was soundly rejected by the people who would be affected,” says Menashes. “This really was grassroots driven.”

But efforts to tax New England paddlers may only be beginning.

“I think this is something that is going to continue to rear its head,” says Menashes.

State governments are increasingly looking at paddlesports as a source of revenue. States such as Pennsylvania, Ohio and Minnesota already require canoe and kayak registration. Menashes says he can’t blame New Hampshire for trying to fund the Department of Fish and Game. Many state governments are strapped for cash, he says, and they are trying to fund agencies without raising taxes. Although, Menashes points out, fees are a form of taxation.

Another force driving the push to tax paddlers is the federal formula for distributing boating safety grant money. That formula is based on the number of boats registered in a state. So, Menashes says, states that register canoes and kayaks, as well as recreational power and sailboats, get a bigger piece of the pie than states that don’t register canoes and kayaks.

Also, Menashes says, there is a growing desire to mandate safety education for paddlers, and even requiring them to have boater identification cards.

Menashes says there may be steps states can take to make regulation of canoes and kayaks more palatable. But, he says, paddlers need to be included in the discussion, which they haven’t been yet. And, he says, paddlers should reap some benefit from any fee they are required to pay.

Despite the increasing pressure to regulate and tax canoes and kayaks, Menashes says that it is not inevitable. “Legislators react to the concerns of their constituency,” he says. “Organized opposition can have a substantial impact, as can organized support.”

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