Derelict Vessel Task Force Progress Report March 2012

Derelict Vessel Task Force Progress ReportMarch 2012

Emergency Response Program

Derelict Vessel Task Force Progress Report

Derelict Vessel Task Force Progress Report

March 2012

This report was developed at the request of Oregon Governor John Kitzhaber by the Oregon Department of Environmental Quality and the Oregon State Marine Board. DEQ and the Marine Board are members of the Derelict Vessel Task Force established by the Northwest Area Committee. The committee is comprised of representatives from local, state, federal and tribal governments and works alongside the regional branch of the federal National Response Team to ensure coordinated emergency response activities.

Prepared by: Scott A. SmithPlanning Exercise Coordinator Emergency Response ProgramOregon Department of Environmental Quality

Rachel BulleneOregon Clean Marina CoordinatorOregon State Marine Board

With contributions from: Randy ClarkSecurity SpecialistUnited States Coast GuardSector Columbia River

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Derelict Vessel Task Force Progress Report

BackgroundDerelict vessels, barges and houseboats on the Columbia and Willamette Rivers create a public safety and environmental threat to Oregon and Washington. This threat became a reality in January 2011 when the former WWII Liberty Ship Davy Crockett was the subject of an illegal ship scrapping operation near Camas, Wash. During the illegal salvage, the vessel split in half and began leaking an unknown amount of oil into the Columbia River. The U.S. Coast Guard, Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, Washington Department of Ecology and a host of other federal and state agencies responded in what turned into a $22 million dollar cleanup.

PurposeThe Derelict Vessel Task Force was created in May 2011 to identify and remove imminent pollution and hazard to navigation threats from derelict vessels, barges, and houseboats along the upper, middle and lower Columbia River and Willamette Rivers in the states of Washington and Oregon.

This report describes how the task force inventoried and categorized derelict vessels on the Oregon side of the Columbia River and in other parts of Oregon like Coos Bay, Reedsport and Newport. It also outlines coordination and communication efforts that will be needed to address the problem of derelict vessels.

Mission Statement of the Derelict Vessel Task ForceThe mission of the task force is to recommend policy, share information, and foster the collaborative and shared efforts of task force members to identify and mitigate the harmful effects of derelict vessels, barges, and houseboats along the middle and lower Columbia River and Willamette Rivers.

Task Force MembersRepresentatives from the U.S. Coast Guard, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, National Oceanic and Atmospheric Administration (NOAA), Oregon Department of Environmental Quality, Oregon State Marine Board, Oregon Department of State Lands, Oregon Department of Justice, Washington Department of Ecology, Washington Department of Natural Resources, and the Columbia County and Multnomah County Sheriff’s Offices are regular contributors to the Derelict Vessel Task Force.

Objectives and Accomplishments: (Objectives Underlined)

1. Inventory derelict vessels, barges, and houseboats along the Columbia and Willamette Rivers. The geographic scope of the task force includes the waters of the Columbia River and lower Willamette River. Vessels which are located outside this area and along the Oregon or southern Washington coast and are determined to be of higher risk can also be considered by the Task Force. The task force agreed to focus its efforts on vessels 35 feet or greater in length which are not moored in private marinas, and any vessel that has ever been in commercial service. The task force decided to call the vessels on the inventory “vessels of concern,” as they might not meet the legal definition of “derelict” or “abandoned” according

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Derelict Vessel Task Force Progress Report

to either Oregon or Washington law, but they might be at risk of being abandoned or causing environmental damage.

To capture information for the inventory, the task force created a multi-agency reporting form and reporting process. In addition, a password protected, shared dataset was developed using the Socrata platform (data.oregon.gov). This dataset reflects all the data fields in the reporting form and it has the ability to display the vessel’s location on a map. Additionally, the dataset features a calendar function for scheduling multi-agency patrols, an area to record patrol summaries, and allows users to upload multiple, date-stamped photographs.

Figure 1. Screen shot of online Vessels of Concern dataset showing a close-up of the Columbia River.

2. Determine derelict vessels, barges, and houseboats that pose actual or potential pollution threats and hazard to navigation. The Vessels of Concern dataset now includes 45 vessels, 26 in Oregon and 19 in Washington. Using information currently available, all participating agencies conducted a general review to determine if any of the vessels in this dataset category required immediate action. Based on current information, no immediate action was determined to be necessary. However, it was agreed that the task force should undertake an aggressive campaign to verify the risk exposure caused by each vessel. Since the inventory began, 2 vessels have been

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Derelict Vessel Task Force Progress Report

removed from the water and disposed of, one vessel sunk without incident or release of significant pollution, and two vessels are no longer considered to be “of concern.”

3. Prioritize and remove all pollution, hazardous materials and navigational threats from identified derelict vessels, barges, and houseboats. Prioritize and facilitate the removal of vessels that do not pose an immediate threat of pollution or hazard to navigation through the task force collective authority.A gross triage system was developed in order to generally rank the vessels according to increased risk within three criteria including: 1) Danger to the Public; 2) Danger to the Environment and 3) Danger to Property. Within each criterion, the task force assigned a “risk score” of 1 through 3. Each criterion score was then added with 9 being the highest possible risk score a vessel could achieve. Of the vessels evaluated: four scored a risk factor of 6; three vessels scored a risk factor of 5; one scored a risk factor of 4, thirteen scored a risk factor of 3 and three vessels had no score. Not enough information is known about the remaining nineteen vessels to accurately score them at this time, but individual task force members have volunteered to organize surveys of the remaining vessels based on geographic proximity. This effort is on-going.

4. Conduct regular, intense, coordinated surveillance for prevention of pollution, hazardous materials, or navigational threats stemming from derelict vessels, barges, and houseboats.This objective is being met by the activities described in objective 3 and with the development of the Vessels of Concern dataset. In this dataset a calendar function is available for scheduling multi-agency derelict vessel patrols. The USCG Auxiliary is now conducting routine over flights of the Columbia River and is photographically documenting the location of many of the vessels of concern. Additionally, there has been a great deal of ad hoc cooperation in conducting patrols to look at these vessels. Coordinated surveillance includes training being delivered by the task force to professional mariners groups such as the U.S. Coast Guard Auxiliary, the Columbia River Bar Pilots, the Columbia River Pilots, the Columbia River Towboat Association, the Lower Columbia Region Harbor Safety Committee and the River Safety Committee. The Oregon Marine Board recently delivered initial training during their annual Boating Law Enforcement Post-Season Conference.

5. Develop a list of law and policy areas for investigation where existing rules and policies could be changed to facilitate the reduction of current and future derelict and abandoned vessels.Representatives from the offices of Oregon Senators Ron Wyden and Jeff Merkley and the Governors of both Washington and Oregon have expressed interest in the Derelict Vessel Task Force. In addition, the Oregon Department of Justice has reviewed legislative gaps within Oregon law and is working on a “Derelict Vessels Regulatory Overview.”

The Task Force has developed a draft “Authorities Matrix” [please see Appendix A at the end of this report]. When complete, this matrix will have a “Gaps” column which will help identify any potential misalignment in existing authorities amongst the agencies that have jurisdiction. Also, a “funding removal matrix” will be developed to clearly outline dedicated

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Derelict Vessel Task Force Progress Report

and grant funding opportunities that may exist that could be applied to manage the problems caused by derelict vessels.

6. Identify opportunities to align Washington and Oregon laws addressing derelict vessels with the goal of moving toward a consistent regulatory regime on the Columbia River.A subgroup of the task force representing the Oregon agencies: DEQ, Department of State Lands, the Marine Board, and the Department of Justice met twice to discuss gaps in Oregon’s statutes that could be used to deal with abandoned or derelict vessels. The findings of the groups have been summarized in DOJ’s “Derelict Vessels Regulatory Overview.” These recommendations would result in better alignment between Oregon and Washington state statutes. For example, Washington defines both “derelict” and “abandoned,” and gives public entities the authority to take action on derelict vessels. Currently, the Oregon statutes only define the offense of abandoning a vessel. 1 The statutes do not give explicit authority to take action on derelict vessels that are not abandoned unless they are a hazard or obstruction to other boats, floating homes or boathouses using the waterway.2

7. Maintain effective communications with state and local agencies, Coast Guard Auxiliary, and federal partners.This objective is being met on a daily basis by the outstanding cooperation exhibited by the task force members and other participating agencies. This excellent cooperation and communication will continue as the task force matures and develops additional products. Prior to the development of the task force, there was uncertainty as to which agency had authority when a derelict vessel was identified. Thanks to the task force and efforts by participating agencies to keep communication open, issues regarding jurisdiction and the authorities of each agency have been better defined, reducing confusion and increasing response capabilities.

1 ORS 830.909(1) “A person commits the offense of abandoning a boat, floating home or boathouse if the person leaves a boat, floating home or boathouse on the waters of this state or upon any public or private property except with the permission of the property owner, or at an established or attended moorage or in any area leased for occupation by the Department of State Lands under ORS chapter 274.” 2 ORS 830.912(1) ”After providing notice required under ORS 830.917, a removing authority may take a boat, floating home or boathouse into custody and remove the boat, floating home or boathouse if: (a) The removing authority has reason to believe the boat, floating home or boathouse is abandoned; and (b) The boat, floating home or boathouse is left on the waters of this state or upon public or private property for a period in excess of 48 hours without permission of the property owner or authorization by statute or local ordinance.”830.914(1) ”A removing authority may immediately take custody of a boat, floating home or boathouse that is disabled, abandoned or left unattended on the waters of this state and that is in such a location as to constitute a hazard or obstruction to other boats, floating homes or boathouses using the waterway.”

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Derelict Vessel Task Force Progress Report

Derelict Vessel Task Force Recommendations

Continue Program AlignmentThe existence of the Derelict Vessel Task Force contributes significantly to program alignment. Alignment will continue as the task force completes the Authorities Matrix and defines those areas where statutes or rules could be aligned to better facilitate progress in addressing derelict vessels. For example, aligning the definitions of “abandoned vessel” and standardizing timelines for response between both Oregon and Washington State when addressing abandoned property are two actions identified by the matrix that will facilitate a more coordinated response to derelict vessels. Further alignment will occur when task force agency staff members and boating enforcement agencies receive comprehensive training.

Strengthen Inter-Agency CooperationInvestigations concerning abandoned, derelict and neglected vessels have the potential to become very complicated. Determining ownership alone is a time consuming activity due to the different registration requirements for different types of vessels.3 Additionally, investigations can rapidly change from administrative compliance activities, to health and human welfare visits, to hazardous material incidents and even criminal investigations. There is no single dedicated organization or body that conducts these monitoring and preventive investigation duties. The current task force is comprised of program managers; however, a law enforcement subgroup may be recommended at some point in the future to address persistent violators or situations where derelict vessels may cross into criminal activity such as clandestine drug labs.

Identify Sources of Funding for Removal of VesselsThe task force intends to conduct additional research on funding opportunities that may be available to remove abandoned and derelict vessels from the water. To date no comprehensive catalog of potential funding sources has been identified; the following is a summary of potential sources of funding in Oregon.

U.S. Coast Guard, EPA, DEQThe Coast Guard, EPA, and DEQ have access to the Oil Spill Liability Trust Fund4 and to CERCLA funds which can be used to clean up or remove fuel, oil, and hazardous materials. In certain circumstances DEQ could use funding from the Hazardous Substance Remedial Action Fund5 or the Illegal Drug Asset Forfeiture Fund.6 However, these funds will not necessarily (or usually) pay for the removal of the derelict vessel itself.

3 In Oregon, recreational vessels are titled and registered with the Marine Board, recreational vessels over 5 net tons can be titled with the Coast Guard but have to be registered with the Marine Board, commercial vessels are titled and registered with the Coast Guard, and barges are not required to be registered. (Except Tank Barges)4 The Oil Spill Liability Trust Fund is financed by a 5-cent-per-barrel tax collected from the oil industry on petroleum produced in, or imported to, the United States and has up to $50 million available each year to fund oil removal activities.5 ORS 466.675 “Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund may be used by the Department of Environmental Quality for the following purposes: (Cleanup)(Improper disposal of waste…)”6 ORS 475.415 “Upon the request of a law enforcement agency the DEQ may identify, cleanup, store and dispose of chemicals located at an alleged illegal drug manufacturing site.”

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Derelict Vessel Task Force Progress Report

In addition to removing pollution, the Coast Guard and the U.S. Army Corps of Engineers will take action if a vessel is a hazard to navigation. However, while the Coast Guard and Corps will move and secure a vessel out of the navigation channel, they are not required to remove it from the water.

NOAA Marine Debris ProgramNOAA’s Marine Debris program also has funds available for vessel removal but the amount fluctuates and is primarily available to non-governmental organizations.

Oregon State Marine Board and Oregon Department of State LandsIn 2004 the Oregon Legislature established a fund managed by the Oregon Marine Board to reimburse law enforcement agencies and public ports for 75 percent of the costs of removing, storing, and disposing of abandoned vessels under 200 gross tons in size. The Marine Board is authorized to deposit $150,000 per biennium into an abandoned vessel removal account. 7 In addition, the Oregon Department of State Lands dedicates $25,000 per biennium (derived from programs, not general funds) to remove sunken vessels on state-owned submerged lands. These funds are often used as the 25 percent match for the Marine Board’s fund.

The Marine Board’s abandoned vessel fund is financed from the fees collected for the registration of recreational vessels;8 however, to date, 93 percent9 of the funds expended have been used to remove abandoned commercial vessels (out-of-service fishing vessels), which were not registered by the Marine Board and therefore did not pay into the fund.

Of the 24 current vessels of concern in Oregon, only 12 are clearly eligible (less than 200 gross tons) for funding from the State Marine Board’s Abandoned Vessel Removal Fund, should removal be deemed necessary (see Table 1 below). The remaining vessels are too large to qualify for this funding and most are not sunk on state-owned submerged land, so State Land funds cannot be used. Even if these vessels were eligible for these funds, the cost to remove even one of these large vessels (ranging from 100 to 373 feet in length) would most likely be more than both funds combined.

For example, the cost to remove the LST-1166, a derelict vessel moored near Rainier OR, has been estimated at over $4 million, not including the cost to remove oil, fuel, and hazardous

7 ORS 830.926 “The board may not deposit more than $150,000 per biennium into the subaccount and may not retain more than $150,000 in the subaccount at any time. [Use of the Abandoned Vessel subaccount is] limited to the expenses associated with the removal and cleanup of an abandoned boat of less than 200 gross tons, an abandoned floating home or an abandoned boathouse.”8 Any length motorized boat and sailboats 12 feet and longer, in use (in the water), must pay current registration fees. Registration is issued on a 2-year calendar basis, with all decals expiring December 31st of the year indicated. Registration is $3 per foot based on center length of the vessel, bow to stern, rounded up.9 $90,482 was reimbursed the ports for the costs of removing seven abandoned fishing vessels; $6,955 has been reimbursed to Multnomah County Sheriff’s Office for the cost of removing one large and numerous small recreational vessels.

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Figure 2: The LST-1166 moored on the Columbia River near Rainier, Ore.

Derelict Vessel Task Force Progress Report

material, which have already been removed by the Coast Guard. There are no agencies, state or federal, that have dedicated funds for the removal of vessels larger than 200 gross tons, such as the Davy Crockett, Captain Bob, LCI-713 or LST 1166; however, these vessels may represent the greatest threat to the environment and create the largest public hazards.

Oregon Governor’s Environmental Fund and Columbia River Estuarine Coastal Fund The Oregon Governor's Fund could be an appropriate source of funding to remove derelict or abandoned vessels. The fund targets projects that will benefit water quality in Oregon's rivers. The program offers an annual competitive grant round and typically awards grants totaling approximately $300-400,000 per year to 6-9 projects. The Request for Proposals is typically released in late summer each year. The maximum grant award through this program is $50,000 per project.

There is also an opportunity to capture approximately $30,000 in the Columbia River Estuarine Coastal Fund. That fund was established through a series of court-directed community service payments resulting from prosecutions of Clean Water Act violations and other regulations. The majority of the funds were awarded through grant programs offered several years ago, but this small balance remains. Given the nature of the work of the Task Force it may be able to capture these remaining funds.

Table 1. Vessels of Concern in Oregon

Vessel Name Length Gross TonsEligible for OSMB

Removal FundAbandoned Vessel - Sauvie Island 40 ft < 100 GT YesAbandoned tri-hull 30 ft < 100 GT No – but removed by ownerBetty A 78 ft 118 GT YesCaptain Bob 200 ft > 200 GT NoCGC Alert (WSC 127) 116.5 ft 198 GT Yes

Chris Craft at Tomahawk Island 36 ft < 5 GTYes – Removed by OSMB, DSL, and Mult. Co. Sheriff

Decorah 85.1 ft 95 GT YesDredge Anderson 140 ft > 200 GT NoEl Conquistador 139 ft Unknown PossiblyFloating Home on Multnomah Channel YesKelori 52 ft 53 GT YesLCI-713 158.5 ft > 200 GT NoLiahona 50 ft 43 GT YesLST 1166 373 ft 2418 GT NoManzanillo 65 ft 71 GT YesMindy B / Polar Star Tug 116.9 ft 198 GT YesMultnomah Channel Abandoned Barges Unknown Cannot determineMultnomah Channel Derelict Boathouse Yes

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Derelict Vessel Task Force Progress Report

Patrol Gunboat 12 (PG-12) 80 ft Unknown PossiblyRiver Queen 216 ft > 200 GT NoSternwheeler Jean 140 ft > 200 GT NoTug Sasanoa / Sakarissa 93 ft Unknown PossiblyU.S.S .High Point (PCH -1) 115 ft Unknown PossiblyUnknown 38' Cabin Cruiser (Monk) 38 ft <5 GT YesUnknown Isthmus Slough Barge Unknown Cannot determineValiant 88 ft < 200 GT Yes

Facilitate Private Sector InvolvementEnvironmental regulations and economics play an important role in the availability and willingness of private salvage operations and shipyards to participate in the breaking and recycling of ships and other large vessels. During the Davy Crocket incident, the Unified Command could not find a shipyard willing to drydock and deconstruct the vessel. The result was that it had to be dismantled in place which dramatically drove up the cost. The task force will examine the impediments that keep the private sector from participating in the proper disposal of vessels.

Track Small (less than 35 ft.) Abandoned and Derelict VesselsCurrently the task force only considers vessels 35 feet and longer and any vessel that has been in commercial service. The task force has no plan to include smaller recreational vessels in its inventory, but the River Safety Committee, comprised of Portland metro area law enforcement and rescue agencies, is considering using a database identical to the one created by the task force to track smaller derelict recreation vessels.

The Multnomah County Sheriff’s Office anecdotally reports an increase in abandoned pleasure boats and is reporting an increase in individuals living on vessels as an alternative to homelessness. Fiberglass boats, which were first mass produced in the late 1950s, along with wooden hulled vessels from the 1950s and 1960s, are at or are near the end of their useful lives. These older vessels are often given away or sold at bargain prices to individuals that do not have the means for their upkeep.

Additionally, with the downturn in the economy fewer boats are being registered with the Marine Board, a bi-annual requirement. Registrations of recreational boats 20 feet and over have declined from 38,280 in 2009 to 37,505 in 2011, a decrease of 775 boats. Most of these 775 boats are probably either in storage, have been moved out of state, or have been destroyed, but some of them might still be on the water and be at risk of becoming derelict.

Prevent Derelict and Abandoned Vessels

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Derelict Vessel Task Force Progress Report

Early identification of derelict vessels is critical in preventing abandonment and in keeping removal costs down. Risk factors have been identified that if mitigated could enable early intervention before a vessel is so derelict that it sinks, causes pollution, or becomes a hazard.

One of these risk factors is the lack of current registration. Many of the “vessels of concern” have not been properly titled or registered for years. With the passage of time and a succession of undocumented owners, it becomes increasingly difficult to link the abandonment of a vessel to a responsible party. The difficulty in identifying which vessels are unregistered is compounded when a commercial vessel falls out of commercial service and becomes a de-facto recreational vessel. Since these vessels are no longer operating in a commercial capacity, they are not required to keep up their Coast Guard documentation. However, any non-commercial vessel operating on the water is required to be registered with the Marine Board. The Vessels of Concern dataset enables for better coordination between agencies and increased enforcement of the registration requirements.

In commercial fishing vessels, a second risk factor for abandonment is the separation of the fishing permits from the vessel. This can occur when the fishing permits are transferred off the vessel or as the result of a permit “buy-back” program. On older, wooden hulled boats, the fishing permit might have been the most valuable asset on the vessel, and there is little incentive to maintain the vessel when it is not actively fishing. A solution might be to require notification of the State Marine Board when a Oregon Department of Fish and Wildlife limited entry commercial fishing permit is transferred off vessel. This would allow the Marine Board to notify the vessel’s owner of the recreational vessel registration requirements.

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Derelict Vessel Task Force Progress Report

Appendix A

Derelict & Abandoned Vessel Matrix (next page)

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Derelict & Abandoned Vessel Matrix

Agency Registration Geographic Area

Definition of Abandoned or Derelict

Immediate Custody Formal Designation Process Disposal Process Liability of violator

OR All motorized boats, regardless of length or type, must be titled and registered in Oregon.

All state waters including: all inland waters; coastal out to 3 miles and bank to bank of the Columbia River

ORS 830.909 - A person commits the offense of abandoning a boat, floating home or boathouse if the person leaves a boat, floating home or boathouse on the waters of this state or upon any public or private property except with the permission of the property owner, or at an established or attended moorage or in any area leased for occupation by the Department of State Lands under ORS chapter 274.

830.914 - A removing authority may immediately take custody of a boat, floating home or boathouse that is disabled, abandoned or left unattended on the waters of this state and that is in such a location as to constitute a hazard or obstruction to other boats, floating homes or boathouses using the waterway.

After providing notice required under ORS 830.917, a removing authority may take a boat, floating home or boathouse into custody and remove the boat, floating home or boathouse if:

(a) The removing authority has reason to believe the boat, floating home or boathouse is abandoned; and

(b) The boat, floating home or boathouse is left on the waters of this state or upon public or private property for a period in excess of 48 hours without permission of the property owner or authorization by statute or local ordinance.

830.922 - If there is no boat, floating home or boathouse identification number on a boat, floating home or boathouse and there is no registration number or other markings through which the State Marine Board could identify the owner of the boat, floating home or boathouse, then a removing authority otherwise required to provide notice under ORS 830.917 is not required to provide such notice and the boat, floating home or boathouse may be removed and disposed of as provided in ORS 98.245.

ORS 98.245 "Unclaimed property" means personal property that was seized by a removing authority as evidence, abandoned property, found property or stolen property, and that has remained in the physical possession of that removing authority for a period of more than 60 days following conclusion of all criminal actions related to the seizure of the evidence, abandoned property, found property or stolen property, or conclusion of the investigation if no criminal action is filed.

all unclaimed property described in a notice issued pursuant to this section shall pass to the removing authority

830.909 The owner of the boat, floating home or boathouse as shown by the records of the State Marine Board shall be considered responsible for the abandonment of the boat, floating home or boathouse in the manner prohibited by this section and shall be liable for the cost of removal, cleanup and disposition of the abandoned boat, floating home or boathouse.

830.990 A person who violates ORS 830.383 or 830.909 commits a Class B misdemeanor

WA All vsl’s are req’d to be registered unless < 16 feet & have a motor < 10 HP & operated or moored on non-federal waters (inland lakes).

All state waters including: all inland waters; coastal out to 3 miles and bank to bank of the Columbia River

79.100.010 "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five-day period, and the vessel's owner is: (a) Not known or cannot be located; or (b) known and located but is unwilling to take control of the vessel. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

79.100.040 (3)(a) If a vessel is: (i) In immediate danger of sinking, breaking up, or blocking navigational channels; or (ii) poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination; and (iii) the owner of the vessel cannot be located or is unwilling or unable to assume immediate responsibility for the vessel, any authorized public entity may tow, beach, or otherwise take temporary possession of the vessel.

(b) Before taking temporary possession of the vessel, the authorized public entity must make reasonable attempts to consult with the department or the United States coast guard to ensure that other remedies are not available.

79.100.040 (a) Mail notice of its intent to obtain custody, at least twenty days prior to taking custody, to the last known address of the previous owner to register the vessel in any state or with the federal government and to any lien holders or secured interests on record. A notice need not be sent to the purported owner or any other person whose interest in the vessel is not recorded with a state or federal agency;

(b) Post notice of its intent clearly on the vessel for thirty days and publish its intent at least once, more than ten days but less than twenty days prior to taking custody, in a newspaper of general circulation for the county in which the vessel is located; and

(c) Post notice of its intent on the department's internet web site on a page specifically designated for such notices. If the authorized public entity is not the department, the department must facilitate the internet posting.

79.100.050 (1) After taking custody of a vessel, the authorized public entity may use or dispose of the vessel in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel, either in whole or in scrap. If no value can be derived from the vessel, the authorized public entity must give preference to the least costly, environmentally sound, reasonable disposal option. Any disposal operations must be consistent with the state solid waste disposal provisions provided for in chapter 70.95 RCW

79.100.060 (1) The owner of an abandoned or derelict vessel is responsible for reimbursing an authorized public entity for all reasonable and auditable costs associated with the removal or disposal of the owner's vessel under this chapter. These costs include, but are not limited to, costs incurred exercising the authority granted in RCW 79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW 79.100.040, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. An authorized public entity that has taken temporary possession of a vessel may require that all reasonable and auditable costs associated with the removal of the vessel be paid before the vessel is released to the owner.

79.100.110 A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor.

Public Nuisance RCW Chapter 9.66 :

Provides for criminal charges for "public nuisances" as defined in RCW 9.55.010. None of the definitions is a 100% shoe-in for the scuttling of a vessel, assuming the water is deep enough for the vessel to not actually interfere with surface navigation. Even if scuttling is viewed as a criminal public nuisance, the crime is a simple misdemeanor punishable by a maximum of 90 days in jail and/or $1000 fine.

Malicious Mischief RCW Chapter 9A.48: Provides for

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criminal charges for malicious mischief. RCW 9A.48.070 states, in part: "A person is guilty of malicious mischief in the first degree if he knowingly and maliciously: (a) Causes physical damage to the property of another in an amount exceeding one thousand five hundred dollars...." If an agency can prove that the scuttling of the vessel physically damaged public property over that dollar amount, you have a strong case. How one quantifies such damage to bedlands may be problematic. An agency could claim that the cost of removing the vessel should be included as physical damage to the state's bedlands. A defense attorney could argue that the cost of removing a derelict does not constitute "physical damage to the property of another." If you could get a conviction on first degree malicious mischief, it is a class B felony. Even as a class B felony, the standard sentencing range for someone convicted of this particular crime, assuming no prior criminal history, is from 0 to 90 days. (Sentencing grid at RCW 9.94A.510 in conjunction with seriousness level tables at RCW 9.94A.515, level II). The court could impose a fine of up to $20,000 dollars. RCW 9A.20.021(b).

Criminal Trespass: None of the criminal trespass statutes seem to fit, because they all speak of the defendant's "person" entering the premises, and none of the statutes seem to allow a criminal trespass action based upon personal property wrongfully being deposited on somebody else's land. See RCW 9A.52.010 (definitions); RCW 9A.52.070 - 080 (elements of trespass).

Environmental crimes: RCW 90.48.140 defines as a crime

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one's intentional violation of any provision of RCW Chapter 90.48 (Water Pollution Control Act) or of RCW Chapter 90.56 (Oil and Hazardous Substance Spill Prevention and Response). Each day of violation can be construed as another violation. To the extent a scuttled vessel contains any pollutants on-board that are released to the environment, this is a possible option. RCW 90.48.140 doesn't classify the crime, but it provides for a maximum $10,000 fine and up to one year in jail, which makes it a gross misdemeanor. It is unclear whether the scuttling of a vessel that has no hazardous substances on board could still constitute the basis for a violation under RCW 90.48.140.

USACE N/A All Federally designated & maintained navigable waters.

While there is no direct definition of a derelict or abandoned vessel the River and Harbor Act, SEC. 15. Does state: That it shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels;

Sections 15, 19, and 20 of the River and Harbor Act of 1899, as amended, authorizes the USACE to remove sunken vessels or other obstructions from navigable waterways under emergency conditions. USACE will remove a vessel using its emergency authorities only if the owner, operator, or lessee cannot be identified or they cannot effect removal in a timely and safe manner.

SECTION 19. (a) That whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, watercraft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, watercraft, raft, or other obstruction shall be subject to be broken up, removed, sold or otherwise disposed of by the Secretary of War at his discretion, without liability for any damage to the owners of the same;

Section 19 . PROVIDED, that in his discretion, the Secretary of War may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed "To whom it may concern", in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof;

Section 15, And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title

33USC 415 If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to

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complete removal on an expedited basis, the Secretary of the Army shall remove or destroy the vessel using the summary removal procedures under subsection (a) of this section. (c) Liability of owner, lessee, or operator The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the actual cost, including administrative costs, of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a) of this section.

33 USC 411 - Sec. 411 Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction.

EPA N/A Limited to CWA, 33 U.S.C. §1251 & CERLA,42 USC 9601. Inland areas in agreement w/ the USCG. Usually first

Does not speak to vessels but does for discharges of pollutants

Same as USCG in their jurisdiction and in accordance with Water Pollution Control Act 33 USC 1321 and/or the Comprehensive Environmental Response, Compensation, and Liability Act 42 USC

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bridge inland of bays, rivers & streams

9601

NOAA N/A Within Sanctuary boundaries,

16 USC 32; Authorizes seizure & forfeiture of vessels harming sanctuary resources

Coast Guard

Vessels of five net tons or more used in fishing activities on navigable waters of the U.S. or in the Exclusive Economic Zone (EEZ), or used in coastwise trade must be documented unless the vessel is exempt from documentation. Coastwise trade is generally defined as the transportation of merchandise or passengers between points in the U.S. or the EEZ. In addition, towboats operating between points in

All Navigable water s of the US for hazards to navigation and all coastal and inland waters, divided by agreement between USCG & EPA. In OR & WA the divide is usually the first bridge in the coastal zone and up to the Bonneville Dam on the Columbia

Comdtinst M16465.43: any craft designed for navigation that has been moored, stranded, wrecked, sunk or left unattended for longer than 45 days.

47 USC 4701 (Abandoned Barge Act): to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons for longer than 45 days.

If there is no threat of oil or hazardous materials only the Commandant can authorize removal and thus authorize custody action.

If it is determined that the derelict poses a hazard to navigation it the ACOE has removal authority under Sections 15, 19, and 20 of the River and Harbor Act of 1899 and codified in 33 CFR 245.

If under 47 USC 4701, 5 criteria must be met: Owner not ID’ed; not authorized under CWA or CERLA; No Haz to

Sec. 4704. Removal of abandoned barges

(a)(1) The Secretary may remove a barge that is abandoned after complying with the following procedures:(A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail(i) that if the barge is not removed it will be removed at the owner's or operator's expense; and(ii) of the penalty under section 4703.

If the vessel owner is known and if the circumstances do not require imminent action; the owner must be notified by certified mail 30 days prior to removal (Comdtinst M16465.43)

See previous Column

Removal may begin immediately after the formal notification process.

The USCG may also use provisions f the River and Harbor Act for removal actions.

See previous two columns

Potentially all removal costs plus NRDA and fines under 33USC 415 and 46 USC 4705

Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction (same as ACOE)

Sec. 4703. Penalty for unlawful abandonment of barge

46 USC 4705 Thirty days after the notification procedures under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is assessed under this chapter is liable in rem for

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the U.S. or the EEZ or between the EEZ and points in the U.S. and dredges operating in the U.S. or the EEZ must be documented.

Vessels that do not operate on the navigable waters of the U.S. or in the fisheries in the EEZ, are exempt from the requirement to be documented. Also exempt are Coastwise qualified, non-self-propelled vessels used in coastwise trade within a harbor, on the rivers or lakes (except the Great Lakes) of the U.S. or the internal waters or canal of any state.

River. Nav; significant threat to public health, safety or welfare that can’t be abated any other way; threat justifies the cost of removal.

If a substantial threat of oil pollution (33 U.S.C. §1251) or hazardous materials pollution (42 USC 9601)exists and the only way to mitigate the treat is by removal or destruction of the vessel & the owner/operators have not taken corrective action then the USCG may take immediate action to remove or destroy the vessel

33 USC Ch 26 subchapter III, 1321(c) Federal removal authority

(1) General removal requirement

(A) The President shall,

the penalty.

Violations for pollution are in accordance with Water Pollution Control Act 33 USC 1321 and/or the Comprehensive Environmental Response, Compensation, and Liability Act 42 USC 9601

18 USC 111Sec. Destruction of vessel by owner

Whoever, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel of which he is owner, in whole or in part, with intent to injure any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years.

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in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance—

(i) into or on the navigable waters;

(ii) on the adjoining shorelines to the navigable waters;

(iii) into or on the waters of the exclusive economic zone; or

(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.

(B) In carrying out this paragraph, the President may—

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(i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time;

(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and

(iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

NPS N/A Within National Park System Designated Boundaries.

Abandoned Shipwreck Act (43 U.S.C. 2101-2106). Abandoned shipwreck means any shipwreck to which title voluntarily has been given up by the owner with the intent of never claiming a right or interest in the future and without vesting ownership in any other person. By not taking any action after a wreck incident either to mark and

16 USC Part 1 Park System Resource Protection Act

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subsequently remove the wrecked vessel and its cargo or to provide legal notice of abandonment to the U.S. Coast Guard and the U.S. Army Corps of Engineers, as is required under provisions in the Rivers and Harbors Act (33 U.S.C. 409), an owner shows intent to give up title. Such shipwrecks ordinarily are treated as being abandoned after the expiration of 30 days from the sinking.

33 U.S.C. § 2701 Abandonment. - In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.

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