DERELICT VESSELS: GETTING BEYOND REGULATORY LIMITATEIONS

DERELICT VESSELS CASE STUDYNWAC/RRT1Federal and State Authority

What are derelict and abandoned vessels How do they Get There?

Generally, and for the purposes of this presentation, derelict vessels are vessels that have an identified owner but no longer function in their intended purpose and are degrading in condition. Abandoned vessels do not have an identified owner or the owner has left boat house on state or private property or state lands without consent. Both of these types of vessels have cause for concern for current or future threats public or marine environment.

Former Military Vessels LST1166 This 374 military converted mine sweeper was purchased after being sold in commercial service for years to a private owner to other private owners for the purpose of making it a museum. Vessel was moored out of sight on a river bank and was boarded by local meth heads who stripped vessel of anything of value including all the copper, did drugs, (insert total pollution taken off). $6MRiver Queen Former ferry boat built in 1919 (verify date) that operated in San Francisco and in Washington was bought and converted into a restaurant in 1962. Operated as a restaurant until 1995 and sold to another owner with the intention of making it into a work barge.Tug Captain Bob - WWII Era Army Steam Tug. At some point bought by owner with desire to convert vessel into a 3 masted schooner. However, when the economy failed nothing was done and vessel continued to waste. Later found being scrapped illegally which was halted when a new owner purchased the vessel with the desire to turn it into a bed and breakfast.Helen McColl Bought

SmallFormer Fishing VesselsAbandoned Recreation VesselsDilapidated HouseboatsDecreasing Value increasing riskSold to people that dont know the ropes3Common characteristics of abandoned and derelict vesselsCharacteristics (Rachel will incorporate OR statistics)

Older Vessels90% are older than 30 years

HullMajority are wood hulled vessels (may be a function of PACNOREST, age, or breakdown)

Length75% are over 25 and 44% are over 35

Federal Responses

State Responses

Average costs to remove ($ per foot) Costs generally range from $100-$400

Registration status almost always not registered

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What are the Problems with Derelict Vessels?

Dumping groundsIllicit ActivityNavigation HazardsIllegal scrappingContaminationSearch & Rescue ReportsWildlife EntanglementEyesoresLoss of habitatCostSubstances on board pollution/ contaminates/ physical hazardsCost of removal Start increasing with pollution removal, contaminate abatement, diving and salvage operations, haul out costs, breaking, disposingExamples Davy Crockett $22.5MBarge 202 - $100+K to anchorLST 1166- $7MCactus - Illicit activities LEDumping sites

Moorage space allocation (legal and illegal)F/V SITKIN ISLANDF/V MARIANNE GALE owner were overwhelmed trying to convert 61 F/V into floating home. Were underway and barely made it through bar to Port of Bandon where marine manager allowed them to moor. Couple abandoned it in the marina.Loss of habitatNavigation hazardsEyesores

5Scenario - Barge 202

First picture August 2010Second picture Feb 2011Third picture July 2011 Vessel scrapped to the waterline in late 2010

July 2011, Coast Guard Received report Sunday morning indicating Barge 202 broke free from mooring in Dallesport WA. Barge 202 confirmed free of moorage and has free floated down river approx 9 NM and come to rest on shoreline.

No pollution except a couple of bags of asbestos;

Report as of 2300, Barge 202 again free and moving down river approx 1.5 NM until secured by tug on-scene. ACOE expended approximately $250,000 for emergency towing and mooring services.

Barge 202 broke free of its mooring on July 10, 2011. The Coast Guard worked closely with the Army Corps of Engineers to secure the barge at its anchor to prevent it from moving further down the river. In doing this a potentially catastrophic event was avoided before the barge could hit the Hood River Bridge, run into an up bound petroleum barge, or sink in the navigable waterway impeding vessel traffic and commerce along the river. The barge had already been determined to be free of any oil product by Coast Guard inspectors and therefore did not pose a pollution threat. The barge itself was known to be unseaworthy and there was concern that moving the barge up or down river would potentially cause it to sink and impact either the navigable waterway or sensitive fishing areas. After consulting with many Federal, State, Local, and Tribal stakeholders as well as several tug operators along the river the decision was made to moor the barge in place in such a fashion that if the barge did sink that it would do so in place and not adversely affect the safety of the public, environment, or navigable waterway. Unfortunately it was the best option available in a difficult and complex situation. The Army Corps of Engineers spent over $200K anchoring the barge in its location.

6Could DSL/DNR exercise submerged lands authority?No. Barge 202 was legally moored until it was adrift and anchored.QuestionsDid DEQ/DOE have actionable authority ?Because there was no pollution threat there was no DEQ/DOE authority.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?USCG and USACE had actionable authority to prevent a hazard to navigation.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the barge qualify for existing state removal programs?Yes, however the stability of the barge prevented tow to a recycling facility.Required by WA but not enforced.No oil on board barge so no requirement per OPA 90 for a COFRNo, due to over 100' long

But there are big loopholes in the law, foggy regulatory authority and a lack of money to get rusting hulks out of the water. No one but ship owners, at times broke or absentee, is legally responsible for getting vessels aground.

Squatting on abandoned craft like Barge 202 is legal. International salvage law lets a person stake claim to a vessel designated cargo-free and without means of propulsion if no owner challenges the claim.Mr. Harris began laying a plan to get small fishing vessels to push the barge along shore. He looked for salvagers, approaching Yakama Indians to help. "There were some wind surfers who expressed interest in helping," he said, "but none of them were very committed.

"You obviously can't pick 250 tons out of the water with cranes or whatever," Mr. Harris explained. "So you have to do what the old boys did: You run the nose up, on a log or something, and then just keep pulling it up and cutting it off."Scenario F/V DEEP SEA

May 12 through May 16, 2012 Ecology, U.S. Coast Guard, Camano Island Fire & Rescue, and North Whidbey Fire and Rescue responded to a boat fire on the anchored 128-foot fishing vessel Deep Sea, located in Penn Cove off Whidbey Island, Saturday May 12.

The Coast Guard received a report at 11:45 pm from Island County stating the Deep Sea was engulfed in flame. Attempts to put out the fire were stopped after water from firefighting efforts caused the Deep Sea to list, raising concerns additional water would cause it to sink.

The Coast Guard established a 500-yard safety zone and federal, state and local authorities allowed the vessel to burn.On Sunday, May 14, the Deep Sea unexpected sank with an unknown amount of diesel fuel on board.Oil skimming vessels placed oil containment boom around the area of the sunken vessel. The Coast Guard hired Ballard Diving & Salvage Co. to plug vents and seal the vessels fuel tanks.However, a cracked vent allowed fuel to leak from the sunken vessel at an estimated rate of 2 gallons per minute. The following response equipment have been deployed:3 oil skimming vessels2 vacuum trucks2 dive times1 boom-tending vesselBales of absorbent material

Dive teams are working to siphon fuel from the Deep Seas external vents. After this operation is complete, teams will look for any remaining fuel located inside the vessel.

On May 14, some commercial shellfish operations in Penn Cove voluntarily stopped harvesting on before fuel reached nearby mussel rafts.

The volume of diesel spilled from the boat grew through Monday, leaving a very thin coating of oil over the commercial operation, leading the Washington Department of Health to close the area. Recreational shellfish harvesting in Penn Cove was also temporarily closed.

The oil sheen was too thin to remove from the water.

Ecology has been monitoring shoreline areas for potential environmental effects from the spill. Some sheen had reached the shore in places. Ecology is analyzing water samples collected help evaluate environmental impacts from the spill.There have been no injured or killed mammals or fish observed or reported.

As of May 16, 4,400 feet of boom has been deployed and a total of 3,500 gallons of diesel fuel has been recovered.The Washington Department of Natural Resources is developing options for salvaging the vessel once the Coast Guard and Ecology's environment assessment team have completed their work.

The Coast Guard has opened the federal Oil Spill Liability Fund to pay for response efforts.

CGIS is investigating

9Could DNR exercise submerged lands authority?Yes. Owner was in default to State for moorage fees.

QuestionsDid DOE have actionable authority ?Not until vessel caught fire creating substantial pollution threat.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?Not until vessel caught fire creating substantial pollution threat.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the vessel qualify for existing state removal programs?Yes. After vessel salvage was towed to local ship yard for removal scrap.DSL could not locateVessel had expired CODDNR worked with DOE to fund removal.P/V Kalakala

Owner originally bought to make museum, moored on property that was sold, owner could not move because needed to be tethered to power to pump bilges. Property is being developed. Cleaned of hazmat but

CG opened fund and use strike team to do 100% space accountability to determine 100 gallons on-board in transformers. Issued Admin Order to remove all products which was complied with.

Vessel is sitting on cliff where if sinks can roll into channel and impede navigation into a facility dock.

USCG hired strike team following100gallons removed.

11Could DNR exercise submerged lands authority?No. However, moored on private property initially with permission but since has been asked by owner to move.

QuestionsDid DOE have actionable authority ?Yes, when vessel listed creating substantial threat. Following pollution removal, no.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?Yes, declared a hazard to navigation by both USCG and USACE. USACE has for action. Yes, for pollution following list however currently no pollution..Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the vessel qualify for existing state removal programs?Vessel owner has plans to remove from waterway.

DNR could not locate.COI Deactivated in 1999No, due to being over 100

Scenario Vancouver Yacht Club

Could DSL/DNR exercise submerged lands authority?No, moored on private property before drifting down river. Moored to city dock following drift down river.

QuestionsDid DOE/DEQ have actionable authority ?No substantial pollution threat.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?Hazard to navigation while adrift however, after moored to dock it was not longer Haz to Nav and did not have authority.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the vessel qualify for existing state removal programs?Yes, however presence of Asbestos and Lead paint drove up costs.

Owner had bill of sale for $1. No.Yes, OR requirements for local/state agencies to obtain removing authority and go through seizure process challenging.MultCo decided they were unwilling to perform Removing Authority so we had to track down Mr. Dulas and execute a Bill of Sale. 14River Queen

River Queen Former ferry boat built in 1919 (verify date) that operated in San Francisco and in Washington was bought and converted into a restaurant in 1962. Operated as a restaurant until 1995 and sold to another owner with the intention of making it into a work barge.

15Could DSL exercise submerged lands authority?No, vessel owner bought land where the vessel is moored.QuestionsDid DEQ have actionable authority ?Not at present time. Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?Not at present time.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the vessel qualify for existing state removal programs?Possibly, however owner does not want to dispose of vessel.No. Vessel is recreational and has no propulsion.No.No, due to over 100' Gross Tons

Barge Davy Crockett

The barge DAVY CROCKETT was a 432' converted Liberty Ship built in 1942 located on the northern bank of the Columbia River near Camas, WA. During the timeframe between December 2010 and January 2011 illegal scrapping operations caused the number 3 hold on the DAVY CROCKETT to buckle resulting in a sheen emanating down river. Additional king tides further degraded the structural integrity of the barge and weakened the keel resulting in further oil discharges. On January 27th, Sector Columbia River federalized the response and established a Unified Command with both OR and WA State On-Scene Coordinators. An ICP was stood up at MSU Portland. Due to the lack of structural integrity of the barge coupled with the unknown holds containing oil and contaminates, a destruction memo was drafted and approved by Coast Guard Commandant for removal of the barge. Removal actions included:Dive operations for pollution and structural integrity assessmentsCoast Guard Salvage and Emergency Response Team (SERT) assistance to ballast and stabilize bargeImplementation of safety zoneImplementation of Geographic Response PlansThe construction of an 850-foot metal cofferdam lined with impermeable oil and silt barriers along with sorbent oil collection booms, preventing oil sheen from discharging into the Columbia. Diving teams to dismantle bargeCranes, barges, filtration systems, and other heavy equipment to remove sections of the barge, conduct dredging operations, and treat the contaminated water.Total products recovered:1.6 million gallons of oily water4.5 million pounds of steel842,000 pounds of oily debris 4,850 pounds of asbestos.7,500 pounds of scrap metal Cost: $23.3 million from Oil Spill Liability Trust Fund. Funding mechanism for removal: Oil Spill Liability Trust FundSignificant challenges and methods to overcome:Illicit scrapping of structure resulted in bow sunk and stern afloat creating significantly unstable structure.Unified Command brought in USCG Salvage Emergency Response Team (SERT) for consultation of plan to sink stern and cut from bow to stabilize the structure. Initial plan was to refloat stern and bow and move to a shipyard for disposal. Due to current Superfund site issues for facilities along the Willamette River, shipyards wanted indemnification for disposal and contractor liability.Unified Command was not able to legally provide indemnification and this became a roadblock for initial plan. Unified Command then had to change strategy to remove barge by building a steel pile cofferdam and impermeable barrier around the barge and dismantle it in the river system.River current and high river levels resulted in water running over the cofferdam made operations challengingConstructed break wall to reduce current and stress on structure.Impermeable barrier helped limit water entering cofferdam when river level rose over the cofferdam sheet pile.Major safety concerns with instable structure, dermal and inhalation risks (asbestos, oil, lead, and PCBs), movement of heavy equipment and steel sections, dive operations, slips/trips/falls, and decontamination operations.Employed contractor and Coast Guard National Strike Team Safety Officers to develop, implement, and monitor comprehensive site safety plan.Implementation of additional GRPs for protection of natural and cultural resources Conducted consultation with Federal and State Historic Preservation Officers and reached out to Tribal representatives to protect cultural resource interests.Developed additional on-water protection strategies and monitored for effectiveness.Consensus on decisions was important to the FOSCR and SOSCs (Unified Command); however, when Unified Command opinions reached an impasse during some instances, the FOSCR exercised his federally mandated authority to make unilateral decisions. Examples of these instances included: a) a determination based on laboratory results that the filtered water met a reasonable standard to be pumped back into the Columbia River (and that State of WA could choose on their own volition and expense to dispose of that filtered water through a municipal water treatment process), b) professional courtesy extended to State of WA with respect to allowing the SOSC to obtain state permits for various operations, c) a determination of the clean up end point for sediment dredging and removal operations, and d) Release of Information to the Public (FOSCR mandated that no project documentation shall be released to the public outside of the CG mandated FOIA rules and policies). Outcome: Successful removal of barge with zero injuries to responders during complex salvage operation.Notable lessons for OSC: ICS Works! Keep media, public and stakeholders informed with press releases, media events, project website, and stakeholder teleconferences. Consider hiring contractor position for critical positions such as Safety Officer, Liaison and Documentation for long term responses. Establish tribal liaisons for tribes to gain direct access to Unified Command.Contract a third party SME as Unified Command Technical consultant to validate options, plans, and decisions.Establish firm project end points for emergency response.

17Could DNR exercise submerged lands authority?Barge was illegally moored but DNR did not have awareness to exercise authority.QuestionsDid DOE have actionable authority ?Not until it became a pollution threat due to illicit scrapping.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?USCG had authority once it became a pollution threat.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the barge qualify for existing state removal programs?No, ship breaking facilities were not willing to take liability.No.No.No, due to over 100' longLST1166

The LST1166, a 420-ft WWII era landing craft was reported by local law enforcement in September 2007 of being accessed by meth users, who were dismantling pieces of the vessel and selling it for scrap. Dismantling of the ship included severing of hydraulic lines, removal of valves and watertight doors, and tearing away of asbestos-containing pipe lagging and tiles to reach the metal underneath. As a result there was a small intermittent sheen coming from the bow doors due to the removal of the brass fittings by the vandals. The Federal On-Scene Coordinator issued an Administrative Order under the Clean Water Act directing the LST 1166 LLC to provide a plan for the removal of all oil and PCBs from the vessel, and a COTP Order directing that they provide a plan for proper mooring to prevent the vessel becoming a hazard to navigation. These orders triggered the involvement of the COFR guarantors who hired subcontractors to conduct initial oil, asbestos, and PCB sampling aboard the vessel. The COFR Guarantor submitted a request to Region X Ocean Dumping Program seeking authorization for an Ocean Dumping General Permit (OGDP) to remove the LST1166 from the waterway. The request was denied citing the parameters requiring contaminate clean-up to reefing standard for sinking which required the Lead to be less than 50ppm. The COFR Guarantor was not willing to spend the cost to attain EPAs standards and subsequently cancelled the COFR.In June 2008, the Coast Guard issued a Notice of Federal Assumption and began clean-up operations of the LST1166. Removal actions included:Dive operations for pollution and structural integrity assessmentsImplementation of safety zoneImplementation of Geographic Response Plans (?)Filtration systems to treat the contaminated water.Total products recovered:3,975 gallons fuel and oil8,100 pounds of oily debris26,342 gallons of oily water465,800 gallons of treated water5,125 gallons of Polychlorinated biphenyl (PCB) oil349,442 points PCB-contaminated solids5 pounds Mercury4 pounds hypodermic needles120 cubic yards of friable asbestos136 patches were affixed to the vesselLocation: Ranier, ORFunding mechanism for removal: $5.2 million from Oil Spill Liability Trust Fund and $249K from CERCLA.Significant challenges:From 2009 2010 attempts by the Coast Guard to obtain concurrence from EPA to scuttle vessel offshore in with no additional contaminate removal actions were unsuccessful. In September 2010, Coast Guard contracted EPA to conduct and Engineering Evaluation and Cost Analysis to compare alternate disposition measures of the LST1166 to include sealing and securing the vessel in place, disposing the vessel at sea, and dismantling and recycling the vessel. Costs on 4 disposal options ranged from $800K to leave in place and button up, between $3-$4M to clean and dispose at sea, and $4M to recycle.Outcome: Following the EECA, the FOSC determined that the lowest practicable level of contamination had been reached for the emergency removal and, as such, the pollution and contaminates that remained on board did not justify the substantial projected costs of further action. The FOSC made a final attempt to mitigate any remaining oil by hiring contractors to corral and manually remove the remaining floating residual oil on the flooded decks as well as plugged and repaired 16 holes and patches. Finally, the contractors tack welded all access into the ship to deter future illegal pollution dumping and illicit activity. On January 31, 2012, Coast Guard FOSC closed the federal action on the vessel. Notable lessons for OSC: The authority vested by the Federal Water Pollution Control Act, 33 U.S.C. Section 1321 and the National Contingency Plan, 40 C.F.R. Part 300) requires the FOSC to diligently balance the responsibilities as both a steward of the environment and a custodian of the OSLTF and CERCLA Superfund. In this case, the FOSC had to use a risk-based approach to decide the best way forward. When remediation operations reached a stage where even significant additional costs gained only very marginal additional contaminant removal, the FOSC had to seek a decision that would have the best overall impact on citizens and taxpayers.

19Could DSL exercise submerged lands authority?Yes.QuestionsDid DEQ have actionable authority ?Not until it became a pollution threat due to illicit scrapping.Were ship breaking/recycling facilities available and willing to take vessel?Did Federal agencies (USCG/EPA/USACE have actionable authority?USCG had authority once it became a pollution threat.Was there a requirement to bond or insure?Was there Titling/Certificates of Ownership required?Did the barge qualify for existing state removal programs?No, ship breaking facilities were not willing to take liability.No.COFR required but became expired.No, due to over 100 Gross Tons

Coast Guard rejects Kalakala owner's appealBy Susan GilmoreSinking Ship? Saving The Historic Kalakala Ferryby Martin KasteThe ferry Kalakala has been declared a hazard to navigation, and if it should sink and block access to the Port of Tacoma, it would cost the port as much as $23 million a month and idle 1,300 workers, according to the Army Corps of Engineers.

Still, Rodrigues isn't the first to fail. He bought the Kalakala at a bankruptcy auction from the previous group of would-be restorers. For the past decade, the old ferry has been something of a sad joke around Puget Sound, getting evicted from one potential home after another. Some say it's not worth saving; it may have looked cool, but it was hard to maneuver and kept running into things.Right before the Coast Guard's December 2011 deadline, Rodrigues announced he'd sold the ferry for $1 to an "anonymous billionaire." He insists the mysterious patron has committed to spending the necessary millions for a proper restoration.Taxpayers may foot the bill to dispose of runaway bargeBy Bob Heye KATU News and KATU.com Staff Published: Jun 6, 2012 at 10:48 PM PDT The Vancouver Yacht Club barge is now moored at docks along Marine Drive in Northeast Portland. The owner of the barge said someone may have taken it from where it was anchored near Camas. PORTLAND, Ore. - Metro officials say taxpayers may pick up a hefty bill for dealing with a derelict, former floating yacht club.

The building's owner claims there's no way the building ended up floating down the river by itself. The runaway barge that carried the former Vancouver Yacht Club building is now moored at the boat ramp on 42nd Avenue along Marine Drive in Northeast Portland.

It started out across the river on the Washington side of the Columbia. But Multnomah County sheriffs river patrol deputies spotted the building the night of March 22 floating in the darkness down the Columbia River. The U.S. Coast Guard ordered a tug to capture it and moor it to the nearest safe spot, which happened to be Metro's new docks. Its been there ever since.

"This becomes the public's cost, unfortunately," said Paul Slyman, Metro parks director. "This is an unfortunate example of someone who has purchased something with no means to take care of it."

According to Metro, it has gotten bids, some as high as $80,000, to dispose of the floating building.

The cost of getting rid of it is so high because parts of the building contain asbestos, and because it was built in the 1940s and 50s some of the paint is suspected of having lead in it.

"It's just been a big mess. They won't allow me put it anywhere," said the building's owner, Richard Dulas, by phone Wednesday afternoon.

He said he thinks someone actually took it from where he anchored it near Camas.

"It was not drifting down the river. It was anchored. They came and got it," he said.

That answer doesn't satisfy angry taxpayers who may have to foot the bill.

"I don't know how you can legislate responsibility from people, but we end up paying for it when bad things happen like this," said Kevin Baldwin who uses the docks at the boat ramp.

Since the owner has few options right now Metro may be left to deal with getting rid of the old yacht club building itself.

F/V DEEP SEA Sparks Renewed Awareness of Abandoned Vessel ProblemsBy Lysander Johnson posted in Recent Maritime News, Monday, September 10, 2012This past May, former crab vessel DEEP SEA made news when it burned and sank in Penn Cove, Washington, leaking fuel and causing other pollution so near the Penn Cove mussel beds. According to reports, the state spent over five million dollars dealing with that.

Once again, the issue of the disposal of aging, abandoned vessels is called to public awareness. Many boats have fuel, asbestos, lead paint and other toxic coatings, garbage and debris, and other pollutants on board. Some are rusted out, while others are of rotting wood. Some still float, for now, and others are grounded. It often costs more to dispose of such a vessel properly than any proceeds from the scrap, so many are simply abandoned, sometimes causing great environmental damage. We tax payers pay for the clean-ups. Fining the owners of these derelicts doesn't solve the problem when they can't or won't pay. Proposed legislation for stricter rules and penalties have yet to pass.

RCW 79.100 spells out the current law in regard to derelict vessels. The Washington State Department of Natural Resources now has a Derelict Vessel Removal Program (DVRP), but it is having trouble keeping up with demand. One suggestion is, given how well known the path to vessel abandonment is, when the Coast Guard, Port of Seattle, or other government entity sells an aging vessel, do a thorough check on the prospective buyer to make certain they can afford the upkeep going forward. If no buyer can be found, scrapping the boat before it causes a hazard may still cost a tidy sum, but it will probably cost us less than five million dollars.

This past May, former crab vessel DEEP SEA made news when it burned and sank in Penn Cove, Washington, leaking fuel and causing other pollution so near the Penn Cove mussel beds. According to reports, the state spent over five million dollars dealing with that. Once again, the issue of the disposal of aging, abandoned vessels is called to public awareness. Many boats have fuel, asbestos, lead paint and other toxic coatings, garbage and debris, and other pollutants on board. Some are rusted out, while others are of rotting wood. Some still float, for now, and others are grounded. It often costs more to dispose of such a vessel properly than any proceeds from the scrap, so many are simply abandoned, sometimes causing great environmental damage. We tax payers pay for the clean-ups. Fining the owners of these derelicts doesn't solve the problem when they can't or won't pay. Proposed legislation for stricter rules and penalties have yet to pass.

DEEP SEA, under her previous owner, Factotum Fisheries, was moored for years in the Fishermen's Terminal area near Ballard. At first, Factotum paid the moorage fee, but later defaulted to the tune of $31,000, which Factotum was unable to repay. The Port of Seattle wanted DEEP SEA out of the port, but could not find a reputable buyer through auction. So, the Port sold her to Rory Westmoreland, a man who said he was a scrap dealer, a man who has a dense history of EPA violations and legal disputes. Mr. Westmoreland got DEEP SEA to Penn Cove and left her there, ignoring mounting fines for doing so. In the wee hours of a May night, DEEP SEA became engulfed in flame, for unknown reasons, and sank. That June, DEEP SEA was refloated and towed to Ballard, where she awaits scrapping, not so far from where she lay before at Fishermen's Terminal.DEEP SEA is only one example of an aging vessel being retired from her original designation, later to be sold down the line until becoming a useless and costly hazard. Other examples include former Coast Guard buoy tender CACTUS, which is also sitting in Ballard; the once classic ferry KALAKALA, moored in Tacoma; 430-foot DAVY CROCKETT, sunk into the Columbia River; and too many other vessels to name scattered along our coastlines.

RCW 79.100 spells out the current law in regard to derelict vessels. The Washington State Department of Natural Resources now has a Derelict Vessel Removal Program (DVRP), but it is having trouble keeping up with demand. One suggestion is, given how well known the path to vessel abandonment is, when the Coast Guard, Port of Seattle, or other government entity sells an aging vessel, do a thorough check on the prospective buyer to make certain they can afford the upkeep going forward. If no buyer can be found, scrapping the boat before it causes a hazard may still cost a tidy sum, but it will probably cost us less than five million dollars.

23Questions?The two happiest days in a man's life are the day he buys a boat and the day he sells it