DERELICT & ABANDONED VESSELS AND DEBRIS IN WATERS OF COASTAL NORTH CAROLINA 2/18/15.

DERELICT & ABANDONED VESSELS AND DEBRIS IN WATERS OF COASTAL NORTH CAROLINA

2/18/15

JUDY HILLS, EXECUTIVE DIRECTORPO BOX 1717

NEW BERN, NC 28563-1717(252) 638-3185 X 3005

[email protected]://www.eccog.org

mailto:[email protected]

http://www.eccog.org/

HistoryHistory• Experience with issueExperience with issue

• Eastern Carolina Council of GovernmentsEastern Carolina Council of Governments

• Federal funding—205j Water Quality grantFederal funding—205j Water Quality grant

• Partners: Partners: – USCG AuxiliaryUSCG Auxiliary– COGs--Eastern Carolina Council, Cape Fear, COGs--Eastern Carolina Council, Cape Fear,

Albemarle Commission, Mid-East CommissionAlbemarle Commission, Mid-East Commission

• Completed in 2007Completed in 2007

• Presented to CRAC and other groupsPresented to CRAC and other groups

CAMA CountiesCAMA CountiesBeaufortHertford

Bertie Hyde

Brunswick New Hanover

CamdenOnslow

CarteretPamlico

ChowanPasquotank

Craven Pender

CurrituckPerquimans

Dare Tyrrell

Gates Washington

Definition of “abandoned”Definition of “abandoned”

• NC Wildlife Resources Commission’s NC Wildlife Resources Commission’s definition ofdefinition of “Abandoned vessel" -- a “Abandoned vessel" -- a vessel that has been relinquished, left, or vessel that has been relinquished, left, or given up by the lawful owner without the given up by the lawful owner without the intention to later resume any right or intention to later resume any right or interest in the vessel. The term does not interest in the vessel. The term does not include a vessel that is left by an owner include a vessel that is left by an owner or agent of the owner with any person or or agent of the owner with any person or business for the purpose of storage, business for the purpose of storage, maintenance, or repair and that is not maintenance, or repair and that is not subsequently reclaimed. subsequently reclaimed.


Coast Guard’s definition of Coast Guard’s definition of Abandoned Vessel: any craft Abandoned Vessel: any craft designed for navigation that has designed for navigation that has been moored, stranded, wreck, sunk been moored, stranded, wreck, sunk or left unattended for longer than 45 or left unattended for longer than 45 days. A vessel is not abandoned if it days. A vessel is not abandoned if it is on private property with is on private property with permission of the owner.permission of the owner.


Another NC Definition (HB Another NC Definition (HB 1625/SL200-74): Directs DENR to 1625/SL200-74): Directs DENR to implement a pilot program for the implement a pilot program for the removal of abandoned vessels in removal of abandoned vessels in the Neuse River Basin. “Abandoned the Neuse River Basin. “Abandoned vessel” is defined as one that is left vessel” is defined as one that is left unattended or in a wrecked or unattended or in a wrecked or substantially dismantled condition substantially dismantled condition in coastal fishing waters for more in coastal fishing waters for more than 90 days. than 90 days.

SL 2011-82SL 2011-82

Enacted May 19, 2011, this law gives Enacted May 19, 2011, this law gives the Town of Wrightsville Beach the the Town of Wrightsville Beach the authority to remove and dispose of authority to remove and dispose of abandoned vessels within the town’s abandoned vessels within the town’s zoning jurisdictionzoning jurisdiction

Definition of Abandoned Definition of Abandoned Vessls per SL 2011-82Vessls per SL 2011-82• Is moored, anchored or otherwise located Is moored, anchored or otherwise located

for more than 30 consecutive days in any for more than 30 consecutive days in any 180-day consecutive period in any waters 180-day consecutive period in any waters or marshes waterward of the pierhead lineor marshes waterward of the pierhead line

• If designed to float, is in danger of sinking, If designed to float, is in danger of sinking, has sunk, is resting on the bottom or is has sunk, is resting on the bottom or is located such that it is a hazard to located such that it is a hazard to navigation or is in immediate danger to navigation or is in immediate danger to other vessels.other vessels.

NC SL 2013-182NC SL 2013-182

Enacted June 26, 2013, this law gives Enacted June 26, 2013, this law gives Brunswick and Dare counties (only) the Brunswick and Dare counties (only) the right to develop an ordinance right to develop an ordinance prohibiting the “abandonment of prohibiting the “abandonment of vessels in navigable waters.” It vessels in navigable waters.” It defines “abandoned vessels.”defines “abandoned vessels.”

Definition of abandoned Definition of abandoned vessel per SL 2013-182vessel per SL 2013-182(1) A vessel that is moored, anchored, or otherwise located for more than 30 consecutive days in any 180 consecutive-day period without permission of the dock owner.

(2) A vessel that is in danger of sinking, has sunk, is resting on the bottom, or is located such that it is a hazard to navigation or is an immediate danger to other vessels.

Why are vessels Why are vessels abandoned?abandoned?• Storm eventsStorm events

• Community wide economic Community wide economic stress/changestress/change

• Financial issues of ownersFinancial issues of owners

• Long distance ownershipLong distance ownership

• Accidental groundingsAccidental groundings

• High cost of proper vessel disposalHigh cost of proper vessel disposal

• Vessels awaiting scrappingVessels awaiting scrapping

Example of Abandoned Example of Abandoned BargeBarge

Example of Derelict VesselExample of Derelict Vessel

Example of DebrisExample of Debris

Signs of possible Signs of possible abandonmentabandonment• Boats that appear to be illegally moored and

have not moved in more than 30 days

• Boats that appear to be listing, or leaning, to one side or have settled low in the water

• Boats that have unusual quantities of growth of algae, moss, grass or plant material on them

• Boats that have not moved in some time, yet the bilge pump continues to run or goes on frequently to remove water from the hull

Signs of possible Signs of possible abandonmentabandonment• Boats that appear to have leaking fluids, such as

oil, fuel, or waste, into the surrounding water

• Boats that have severe external deterioration of paint, wood, or other materials

• Boats where residents are throwing waste or other materials into the surrounding water

• Any boat that has drifted off from its moorage and out in open water, becoming a hazard to other boats and vessels

How How many many recreationrecreational boats al boats are are registered registered in 2015?in 2015?

County # Boats

Beaufort 5,832

Bertie 1,264

Brunswick 9,970

Camden 924

Carteret 12,982

Chowan 1,435

Craven 6,495

Currituck 3,179

Dare 5,579

Gates 726

Hertford 923

Hyde 848

New Hanover 13,280

Onslow 7,951

Pamlico 2,914

Pasquotank 1,824

Pender 5,332

Perquimans 1,555

Tyrrell 479

Washington 907

Total 84,399

Why take action?Why take action?

• Fuel or other hazardous materials Fuel or other hazardous materials potentially onboardpotentially onboard

• Use of vessel as illegal dump site or Use of vessel as illegal dump site or meth labmeth lab

• Use of vessel by homeless as shelterUse of vessel by homeless as shelter

• Obstruction of public or private use Obstruction of public or private use areaarea

• Navigation hazardNavigation hazard

Why take action?Why take action?

• Blockage of wharfs, piers, rampsBlockage of wharfs, piers, ramps

• Ecological/environmental damageEcological/environmental damage

• Structural hazard and/or public Structural hazard and/or public nuisancenuisance

• Aesthetic impact to image and Aesthetic impact to image and economy of local areaeconomy of local area

• Infringement of property rightsInfringement of property rights

• Illegal storage or mooringIllegal storage or mooring

Future abandonments? Future abandonments?

• Public dock slips are dwindling in Public dock slips are dwindling in numbernumber– Developers are purchasing marinas, Developers are purchasing marinas,

building condos on the land and selling the building condos on the land and selling the boat slips with the unitsboat slips with the units

– Marina owners are selling slips Marina owners are selling slips (dockaminiums)(dockaminiums)

• Boat owners are unable to find a slip so Boat owners are unable to find a slip so they anchor the boat in a sheltered areathey anchor the boat in a sheltered area

• Aging ownersAging owners

Future abandonments? Future abandonments?

• Commercial vessel ownersCommercial vessel owners– Lose their dock space and can’t locate anotherLose their dock space and can’t locate another– Fishing industry--stocks dwindling—can’t make Fishing industry--stocks dwindling—can’t make

a living—can’t sell vessela living—can’t sell vessel– Can’t afford repairs--walks awayCan’t afford repairs--walks away– Can’t afford dockage—walks awayCan’t afford dockage—walks away

• Barge ownersBarge owners– Scarcity of waterfront industrial parksScarcity of waterfront industrial parks– Cost of towing from location to locationCost of towing from location to location

Example of Derelict Fishing Example of Derelict Fishing VesselVessel

Role of Federal AgenciesRole of Federal Agencies• USACE—investigates vessels that have USACE—investigates vessels that have

sunk or that impact a navigable channelsunk or that impact a navigable channel• USCG—investigates possible USCG—investigates possible

contamination—can but rarely removes contamination—can but rarely removes vessels—marks vessels presenting vessels—marks vessels presenting hazard to navigationhazard to navigation

• FEMA-Reimburses applicants for cost of FEMA-Reimburses applicants for cost of vessel removal and disposal after stormsvessel removal and disposal after storms

• NOAA—Marine Debris removal NOAA—Marine Debris removal competitive grantscompetitive grants

Example of USACE Example of USACE InvolvementInvolvement

USCG examining bargeUSCG examining barge

What can be done at this What can be done at this time?time?• NC Wildlife Resources officer may be NC Wildlife Resources officer may be

able to cite owner for litteringable to cite owner for littering

• Local governments will apply political Local governments will apply political pressure to get legislation to be able pressure to get legislation to be able to deal with the issueto deal with the issue

BMPs for Abandoned & BMPs for Abandoned & Derelict Vessels #1Derelict Vessels #1

Make it easier for the boater to understand where they can properly dispose of their vessel in order to avoid having the vessel abandoned.


Provide incentives for boaters to properly dispose of their vessels and disincentives for improper disposal.


Require owners to title boats because it provides a paper trail that can simplify the ownership discovery phase.


Understand: (1) what agencies are available to them to handle abandoned boats; (2) under what circumstances they will remove vessels; and (3) if permits are needed before work can be performed.


Define terms “abandoned boat”, “derelict vessel”, “vessel” and “ownership.” Set specific time limits as part of the definition for abandoned and derelict vessels.

BMPs for Abandoned & BMPs for Abandoned & Derelict Vessels #6Derelict Vessels #6Must be a notification process to owner(s) and/or secured parties by certified mail/return receipt which includes:

– Description of vessel and identifying numbers;– Location of vessel;– Rights to reclaim vessel with XX days– Notice that failure to claim the vessel will constitute

a waiver of all rights, title and interest in vessel– Notice that any costs for removal/recovery will be

the responsibility of the owner.

Methods to ID OwnershipMethods to ID Ownership

Vessel RegistrationVessel RegistrationHull Identification Hull Identification Number (HIN)Number (HIN)

How would you ID the How would you ID the owner of this vessel?owner of this vessel?

BMPs for Abandoned & BMPs for Abandoned & Derelict Vessels #7Derelict Vessels #7If owner cannot be identified, a public notice to attempt to locate the owner of the abandoned/ derelict boat is critical. While the purpose is to locate the owner, the public notice serves to notify the vessel owner that failure to claim the vessel will constitute a waiver of all rights, title, and interest in the vessel. Consideration should be made for advertisement via the web.

BMPs for Abandoned & BMPs for Abandoned & Derelict Vessels #8Derelict Vessels #8The applicant for title or registration of an abandoned or salvaged boat needs clear expectations early-on of what they will need to complete the registration/titling process including:

– Police report, if required– Notarized affidavit for registration/titling of the

abandoned or salvaged vessel– Receipts for certified mail to the identified owner(s) and

lien holders– Original copies of the notice of publication, if necessary.


The fewer the steps to allow transfer to an applicant that will take the vessel the better. Need to review what steps are legally necessary to allow an entity to remove and dispose of a vessel. Transfer may be by title, registration or affidavit.


Allocate funds dedicated to the removal of derelict and abandoned boats and provide a mechanism which prioritizes such removals

Undetermined ownership or Undetermined ownership or owner financially unableowner financially unable• Transfer ownership to an individual or state

agency so steps can be taken to either recover cost by selling the vessel or having the right to dispose of the vessel without concern for liability to the last registered owner;

• For vessels with little or no monetary value in which disposal is the most likely conclusion: some mechanism needed to fund the removal.

Moving the issue forward:Moving the issue forward:

• A state agency needs to take ownership of A state agency needs to take ownership of this issuethis issue

• Set a timetable to recommend legislation Set a timetable to recommend legislation to address issue and identify a renewable, to address issue and identify a renewable, sustainable funding source (recreational sustainable funding source (recreational andand commercial vessel owners to commercial vessel owners to participate)participate)

• Establish a identification & prevention Establish a identification & prevention programprogram

Moving the issue forward:Moving the issue forward:

• Create & maintain GIS map of derelict & Create & maintain GIS map of derelict & abandoned vesselsabandoned vessels

• Establish a page on a website as a Establish a page on a website as a resource guide on this topic resource guide on this topic

• Encourage counties and municipalities to Encourage counties and municipalities to complete Harbor Plans or Surface Water complete Harbor Plans or Surface Water Management Plans (e.g., Wrightsville Management Plans (e.g., Wrightsville Beach, Carolina Beach)Beach, Carolina Beach)

• Use CAMA Planning funds to pay for the Use CAMA Planning funds to pay for the Harbor or Surface Water PlansHarbor or Surface Water Plans

VesselDiscovery

NC State Waters Not in Navigation

Channel or Harbor

Owner / Army Corps of Engineers Removes Vessel in Cooperation with NC DENR

NC GS 143-355 (b) (5)

Navigation Hazard In or Near Channel or Harbor

Owner / CG Deals with Hazard

RemovesVessel

Fails to Remove Vessel

Pollution Hazard

Known Owner

Unknown or Unidentified Owner

Only Penalty Marine Patrol

Littering

Follow NC Wildlife Resources Procedures to

Obtain Title. Complicated and Lengthy Procedure.

North Carolina Procedures for Dealing with Lost/Abandoned Vessels I

Salvage then Retain Possession, Sell or

Dispose

What’s it gonna take?What’s it gonna take?

•LeadershipLeadership

•LegislationLegislation

•Law enforcementLaw enforcement

What’s it gonna take?What’s it gonna take?

•CooperationCooperation

•CoordinationCoordination

•CashCash

DERELICT & ABANDONED VESSELS AND DEBRIS IN WATERS OF COASTAL NORTH CAROLINA 2/18/15.

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Transcript of DERELICT & ABANDONED VESSELS AND DEBRIS IN WATERS OF COASTAL NORTH CAROLINA 2/18/15.