Background
In Brief:
Airboat use in Maine has expanded greatly since 2015, mostly for shellfish harvesting but also for recreation and law enforcement. These watercraft are extremely loud and have changed the natural character of the areas where they operate.
Maine has a longstanding law that limits watercraft noise. Airboats are so loud that none can meet these limits. However, in 2020 pro-airboat advocates were successful in passing a law that exempted airboats from the rules.
Due to widespread complaints about airboat noise a new law, HP 80 - L.D. 114, “An Act To Address Airboat Operation in the State” was passed on June 11, 2021 which set nominal and temporary noise limits for airboats, and formed a stakeholder group to study the issue and report to the legislature. Unfortunately, the noise limits chosen provide minimal relief. Also, these limits expire in October 2023.
Citizens Against Airboat Noise (CAAN) is a group of residents and waterfront users advocating for fair and reasonable rules limiting airboat noise.
What can you do to help? Voice your concerns to local authorities when you are bothered by airboat noise, including your harbormaster, police, town manager, and elected officials. Join us to stay updated on airboat noise lawmaking. Donate to help us advocate for reasonable noise rules. See How to Help for details.
The Details:
History of the current effort to create new airboat regulations in Maine
Before 2020 there was a longstanding statute in place limiting the noise level of motorboats to 75 decibels (dbA). This was amended in early 2020 to exempt airboats from that noise limitation. The amendment also directed the Commissioner of Inland Fisheries and Wildlife (IFW), with the Department of Marine Resources (DMR), to collect info from all interested parties and to establish by regulation (by “rule” in government speak) a noise limit for airboats. IFW said it would propose a rule in August 2020.
Formation of Mainers Against Coastal Noise Pollution
On September 24, 2020, IFW announced that, for reasons of safety and compliance with engineering standards, they would not be proposing a standard for testing the noise emitted by airboats in operation (i.e. in motion), only at idle. By this time, a lot of folks concerned about the airboat noise problem had been conversing by email. When the news came out that there would be no noise level test for airboats in motion, it was suggested that we needed to organize in order to speak with some clarity and authority. So, Mainers Against Coastal Noise Pollution (MACNP), an informal association of residents and concerned citizens, was formed. On October 4, the association sent IFW a forceful letter opposing their decision not to set a standard for airboats in operation. On October 7, we got word that IFW had reversed course and would propose a rule on airboats in operation.
First Rulemaking
On November 11, 2020 IFW published public notice of a proposed rule setting a limit of 100 dBs for operating airboats. MACNP responded with a statement opposing the rule as written, and proposing a model regulation that would strike a fair balance to address the concerns waterfront users and airboat operators. We also publicized the issue amongst stakeholders and encouraged direct individual comments during the public comment period and public hearing. At the IFW Advisory Council meeting on December 16, the Commissioner announced that IFW was withdrawing the proposed rule, and that a record number of written comments, over 200, mostly opposed, had been received.
Airboat Stakeholder Group
In January 2021 IFW decided to proceed with a statutory process called Consensus-Based Rule Development in which a representative group of interested stakeholders was selected to try to come to agreement on new rules. The group members were selected by IFW and include a resident from each of Freeport, Harpswell and Brunswick; three airboat operators; a town official from Freeport and Brunswick; a shellfish officer, a game warden and a marine patrol officer. The group, with notable dissent among both residents and operators, proposed daytime and nighttime limits that were later introduced as LD114.
LD 114 : An Act to Address Airboat Operations in the State
On June 11, 2021 new limits on airboat noise were signed into law despite overwhelming criticism in public hearings from residents concerned that the law provided minimal relief from noise. The limits as measured from the shoreline, and which remain in effect today, are 75 decibels from 7 pm and 7 am, and 90 decibels from 7 am to 7 pm. The nighttime 75 decibel limit does theoretically prohibit the loudest boats from operating in the very early morning, but remains unreasonably loud for residential areas at night. The daytime limit is almost useless (see why here). The limits are set to expire in October 2023.
Name Change to CAAN: Citizens Against Airboat Noise
Recognizing we are in for an extended advocacy effort, our group formally incorporated and in August 2021 elected to change our name to Citizens Against Airboat Noise to reflect our strict focus on the issue of airboat noise.
Experience with the New Noise Limits through 2022
While the interim noise limits were a good faith first effort, surveys of our constituency in August 2022 indicated that most respondents did not find much practical relief from the noise under these rules.
LD 221: An Act Regarding Airboat Noise
The Stakeholder Group on airboat noise continued to meet periodically in 2022 and 2023. They did not find consensus on new noise rules, but have recommended that the current interim limits be extended to 2025. LD221 is a bill currently in IFW committee that would extend the limits to 2025 as recommended. The public hearing for this bill is Monday, May 8th at 10 am. CAAN supports extension of the current limits and recommends continuation of the Stakeholder Group. See our public hearing testimony.
What's Next?
CAAN is actively engaged in outreach to airboat operators in a collaborative effort to reach a new mutually acceptable standards that will reduce airboat noise. We also continue with public education, and organizing our communities to advocate on the issue. We are neighbors and citizens advocating for reasonable noise in our spare time. If you have energy, relevant skills, or good ideas to help the cause we welcome you to contact us.
Please read our informative Q&A
See Noise Radius charts to understand just how loud airboats are compared to other noise sources
See our Links to important documents regarding airboat rules
What can you do?
See How to Help