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

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

2. JUDY HILLS, EXECUTIVE DIRECTOR PO BOX 1717 NEW BERN, NC 28563-1717 (252) 638-3185 X 3005 jhills@eccog.org http://www.eccog.org

3. History • Experience with issue • Eastern Carolina Council of Governments • Federal funding—205j Water Quality grant • Partners: • USCG Auxiliary • COGs--Eastern Carolina Council, Cape Fear, Albemarle Commission, Mid-East Commission • Completed in 2007 • Presented to CRAC and other groups

4. CAMA Counties Beaufort Hertford Bertie Hyde Brunswick New Hanover Camden Onslow Carteret Pamlico Chowan Pasquotank Craven Pender Currituck Perquimans Dare Tyrrell Gates Washington

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

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

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

8. SL 2011-82 Enacted May 19, 2011, this law gives the Town of Wrightsville Beach the authority to remove and dispose of abandoned vessels within the town’s zoning jurisdiction

9. Definition of Abandoned Vessls per SL 2011-82 • Is moored, anchored or otherwise located for more than 30 consecutive days in any 180-day consecutive period in any waters or marshes waterward of the pierhead line • If designed to float, 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 in immediate danger to other vessels.

10. NC SL 2013-182 Enacted June 26, 2013, this law gives Brunswick and Dare counties (only) the right to develop an ordinance prohibiting the “abandonment of vessels in navigable waters.” It defines “abandoned vessels.”

11. Definition of abandoned vessel 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.

12. Why are vessels abandoned? • Storm events • Community wide economic stress/change • Financial issues of owners • Long distance ownership • Accidental groundings • High cost of proper vessel disposal • Vessels awaiting scrapping

13. Example of Abandoned Barge

14. Example of Derelict Vessel

15. Example of Derelict Vessel

16. Example of Derelict Vessel

17. Example of Debris

18. Signs of possible abandonment • 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

20. Signs of possible abandonment • 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

21. How many recreational boats are registered in 2015?

22. Why take action? • Fuel or other hazardous materials potentially onboard • Use of vessel as illegal dump site or meth lab • Use of vessel by homeless as shelter • Obstruction of public or private use area • Navigation hazard

23. Why take action? • Blockage of wharfs, piers, ramps • Ecological/environmental damage • Structural hazard and/or public nuisance • Aesthetic impact to image and economy of local area • Infringement of property rights • Illegal storage or mooring

24. Future abandonments? • Public dock slips are dwindling in number • Developers are purchasing marinas, building condos on the land and selling the boat slips with the units • Marina owners are selling slips (dockaminiums) • Boat owners are unable to find a slip so they anchor the boat in a sheltered area • Aging owners

25. Future abandonments? • Commercial vessel owners • Lose their dock space and can’t locate another • Fishing industry--stocks dwindling—can’t make a living—can’t sell vessel • Can’t afford repairs--walks away • Can’t afford dockage—walks away • Barge owners • Scarcity of waterfront industrial parks • Cost of towing from location to location

26. Example of Derelict Fishing Vessel

28. Role of Federal Agencies • USACE—investigates vessels that have sunk or that impact a navigable channel • USCG—investigates possible contamination—can but rarely removes vessels—marks vessels presenting hazard to navigation • FEMA-Reimburses applicants for cost of vessel removal and disposal after storms • NOAA—Marine Debris removal competitive grants

29. Example of USACE Involvement

30. USCG examining barge

31. What can be done at this time? • NC Wildlife Resources officer may be able to cite owner for littering • Local governments will apply political pressure to get legislation to be able to deal with the issue

32. BMPs for Abandoned & Derelict 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.

33. BMPs for Abandoned & Derelict Vessels #2 Provide incentives for boaters to properly dispose of their vessels and disincentives for improper disposal.

34. BMPs for Abandoned & Derelict Vessels #3 Require owners to title boats because it provides a paper trail that can simplify the ownership discovery phase.

35. BMPs for Abandoned & Derelict Vessels #4 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.

36. BMPs for Abandoned & Derelict Vessels #5 Define terms “abandoned boat”, “derelict vessel”, “vessel” and “ownership.” Set specific time limits as part of the definition for abandoned and derelict vessels.

37. BMPs for Abandoned & Derelict Vessels #6 Must 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.

38. Methods to ID Ownership Vessel Registration Hull Identification Number (HIN)

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

40. BMPs for Abandoned & Derelict Vessels #7 If 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.

41. BMPs for Abandoned & Derelict Vessels #8 The 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.

42. BMPs for Abandoned & Derelict Vessels #9 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.

43. BMPs for Abandoned & Derelict Vessels #10 Allocate funds dedicated to the removal of derelict and abandoned boats and provide a mechanism which prioritizes such removals

45. Undetermined ownership or owner 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.

46. Moving the issue forward: • A state agency needs to take ownership of this issue • Set a timetable to recommend legislation to address issue and identify a renewable, sustainable funding source (recreational and commercial vessel owners to participate) • Establish a identification & prevention program

47. Moving the issue forward: • Create & maintain GIS map of derelict & abandoned vessels • Establish a page on a website as a resource guide on this topic • Encourage counties and municipalities to complete Harbor Plans or Surface Water Management Plans (e.g., Wrightsville Beach, Carolina Beach) • Use CAMA Planning funds to pay for the Harbor or Surface Water Plans