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PERSONAL WATERCRAFT USERS VICTORIOUS IN FEDERAL COURT; REGULATIONS LIMITING USE IN MONTEREY AREA DECLARED INVALID

 WASHINGTON, D.C., Aug. 27 /PRNewswire/ -- A United States District Court judge declared this week that regulations developed by an agency of the Department of Commerce governing the operation of personal watercraft in the Monterey Bay National Marine Sanctuary are arbitrary, capricious, and invalid.
 The lawsuit was brought by the Personal Watercraft Industry Association (PWIA), a Monterey watercraft dealer, and a local watercraft owner against the National Oceanic and Atmospheric Administration (NOAA) following the agency's issuance of regulations which banned the use of personal watercraft in more than 99 percent of a 4,000-square-mile area off the central California coastline.
 Personal watercraft, better known by brand names such as Kawasaki Jet Ski(R) and Yamaha WaveRunner(R), are small inboard jet-driven motorboats that were singled-out for discriminatory treatment by NOAA while the agency chose to leave all other motorized vessels unregulated.
 The court stated that nowhere in the rulemaking record did NOAA consider whether their rationale for not regulating other vessels applied equally to personal watercraft. According to the courts memorandum order, the judge found that "because the record does not support the different treatment of personal watercraft and other vessels, the challenged regulation is arbitrary and capricious and must be set aside."
 "We are extremely pleased with this decision," said PWIA Chairman John Donaldson, "and we believe it will have far-reaching effects on other governmental bodies who choose to discriminate against personal watercraft."
 -0- 8/27/93
 /CONTACT: Nancy Koprowski or Doug Freeman of Freeman/McCue Public Relations, 714-557-3663/


CO: Personal Watercraft Industry Association ST: California IN: AUT LEI SU:

JB-EH -- LA014 -- 6631 08/27/93 12:56 EDT
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Publication:PR Newswire
Date:Aug 27, 1993
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