On Dec. 8, 2020, the Department of Wildlife Resources (DWR) released a press notice that a new river access fee would go into effect on Jan. 1, 2021.
This was shocking news to many river users, such as paddlers, tubers, kayakers, and many others. The bill was not known to DWR’s own Citizen Advisory Committee, nor has it been properly vetted by the public or constituents of DWR.
River users have grave doubts about the fairness and effectiveness of this fee and it could alienate thousands of citizens who desire access to the rivers of Virginia.
Specific Concerns about the DWR boat ramp fee include:
It is not in the public interest: The addition of a new fee to existing access sites could alienate businesses and political jurisdictions, as well as the paddling public. Many jurisdictions have allowed DWR access ramps to be built or managed based on the assumption that there would not be a tax or fee on their users. The number of jurisdictions objecting to this fee is increasing as they become aware of it.
No demonstrated need for additional funds. DWR receives substantial funding from federal programs and state taxes such as the Watercraft Sales and Use tax ($10 million in 2020). We estimate the total dollars available annually for river access to be approximately $15 million. DWR has not shown the need for more money and the Department of Planning and Budget did not estimate the economic impact. DWR did not ask for this fee and they did not support it.
Cost/Benefit to Virginia: The addition of a new access fee on river users could be a detriment to the economic benefits of tourism and outdoor recreation. A cost/benefit study should be conducted before such a fee is adopted or other options are considered. The last attempt by DWR to tax paddlers was a 1993 plan to register canoes, kayaks, rafts, tubes, and anything that floats. An economic study showed that the administrative costs would exceed the income and DWR dropped the plan.
Economic justice: This fee will impact lower income people much more than others, especially those with limited access to our rivers. Its impact on all river users should be evaluated prior to implementation.
Inadequate public notice and lack of public input: This bill was not vetted by paddlers or others who would be impacted directly. It was not discussed or reviewed by the DWR Citizen Advisory Committee or user groups. Due to COVID-19 and the lack of awareness by river users until the Dec. 8 announcement, DWR should convene the stakeholders to review this and other options. Greater public notice and comment should be provided to give adequate transparency to the citizens.
Encourages trespass, damages, and hazards: This plan encourages people to circumvent the fees by using unauthorized access on private property, with potential property damage, hazardous parking and exposure to swift currents on entering a river.
River Access Fee may be a violation of federal law: Similar fee proposals in other states have been dropped due to concern about violating federal code 33 U.S.C. (5)b which “preempts states from imposing fees on vessels (or passengers) operating on navigable waters of the United States.” An inquiry has been submitted to the Virginia Attorney General.
River groups are seeking a budget amendment that would postpone enactment of this new fee on river access until a study can be done to analyze the need, costs, benefits and impacts on the public
