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MARITIME ADMINISTRATION SHIP DISPOSAL PROGRAM. ARTIFICIAL REEF PROGRAM OCTOBER 2005. ARTIFICIAL REEFING GOALS. Create essential fish habitat Shoreline stabilization Eco-System stabilization. MARAD ARTIFICIAL REEF POLICY.
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MARITIME ADMINISTRATIONSHIP DISPOSAL PROGRAM ARTIFICIAL REEF PROGRAM OCTOBER 2005
ARTIFICIAL REEFING GOALS • Create essential fish habitat • Shoreline stabilization • Eco-System stabilization
MARAD ARTIFICIAL REEF POLICY • The MARAD Artificial Reef Program was established in 1972 under Public Law 92-402 • Authorized the Secretary of Commerce to transfer obsolete ships to any states filing applications • Transfer to be “at no cost to the federal government” • State would take custody of the vessel “as is, where is” • The Law was amended in 1984 by Public Law 98-623 • To include any NDRF ship that is designated for scrapping • Gave the Secretary of Transportation authority to transfer the vessels
MARAD/NAVY MOA • MARAD/NAVY signed MOA with MARAD in 2003 to be the lead agency to provide one POC for the Joint Artificial Reef Program. • Navy obtained artificial reefing legislative authority in 2004.
SHIPS AVAILABLE FOR REEFS • 132 Vessels in MARAD National Defense Reserve Fleet Inventory • Obsolete vessel list @ https://voa.marad.dot.gov • Not all ships are good reef candidates • Not all ships are available
LOCATION OF NON-RETENTION VESSELS Suisun Bay Reserve Fleet (61) James River Reserve Fleet (55) Beaumont Reserve Fleet (16)
MARAD REEFING INITIATIVES • Legislative Authority – Public Law 108-316, Div. C, Title XXV, Section 3516, November 24, 2003, (117 Stat. 1795) amending PL 107-314, Div. C, Title XXXV, Section 3504 (b), December 2, 2002, (116 Stat. 2754); 16 U.S.C. which requires: • Environmental Best Management Practices for Preparing Vessels for Use as Artificial Reefs (BMPs)
DRAFT BEST MANAGEMENT PRACTICES • Performance Based • Overall Goal • Standardize guidelines for preparation of vessels for artificial reefs • Assist states with cost estimating of preparing vessels for reefing • Facilitate partnering and teaming within States inclusive of non-profits and Federal grant funds
BEST MANAGEMENT PRACTICES • 6 Major Contaminant Groups • Asbestos • Polychlorinated Biphenyls • Oils and fuels • Paints and coatings • Debris and floatables • Other materials of environmental concern (batteries, fire extinguishing systems, mercury)
APPLICATIONS FOR PREPARATION OF VESSELS AS REEFS • (1) Not later than March 31, 2004, the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly establish an application process for governments of States, commonwealths, and United States territories and possessions, and foreign governments, for the preparation of vessels for use as artificial reefs, including documentation and certification requirements for that application process.
STREAMLINED VESSEL APPLICATION PROCESS • State/NAVY/MARAD decide on type and number of ships • State identifies reef location(s) • State advises MARAD/NAVY of pending application • Federal Artificial Reefing Team notified • State submits formal application to MARAD
STREAMLINED VESSEL APPLICATION PROCESS • MARAD then proceeds to: • submit to Federal Artificial Reefing Team • set completion schedule • Tracks progress • Provides feedback to states on progress of application • Determine level of financial assistance (in coordination with Navy) • Notifies state of application approval
ARTIFICIAL REEF TEAM (ART) • NOAA – NOS, NMF • DOI – FWS • USCG • EPA • USACOE • DOD-NAVY • DOT-MARAD • OSHA
FINANCIAL ASSISTANCE • For Preparation of Vessel Only is Based on: • Total amount available for assistance – Limited amount • Benefit achieved by providing assistance for a particular ship • Cost effectiveness of disposing of a ship as a reef as compared to other disposal options for that ship • Detailed project cost estimates • Financial assistance will be in the form of a grant (fixed amount) made at the time of vessel and title transfer
ACTIVE MARAD APPLICATIONS • State of Texas – Texas Clipper • State of Florida – ex-Hoyt Vandenberg • Cayman Islands – “Shipwreck City” Pilot proposal for export of vessels for reefing
CURRENT ARTIFICIAL REEFING CHALLENGES • Lengthy Permit/Approval Process • Lack of finalized national BMP’s for reefing preparation (How clean is clean?) • High towing and preparation costs • Risk of unknown vessel conditions due to age, lack of available information, and costs to survey the ship • Lengthy fundraising • Lengthy EPA review for sampling/ cleaning/ verification plans
LEGAL ISSUES • MARAD Legislation requires transfer of Title to the State, Commonwealth, Possession, Territory or Foreign Government at the Fleet in “as is where is” condition • States are, for the most part, unwilling to accept the liability • MARAD awaiting legal interpretive guidance
FY 06 PROPOSED LEGISLATION • Allows MARAD to transfer title at any time during vessel reefing preparation process • Legislation is not yet enacted • Gives MARAD flexibility to work with States and Transfer Title at any time during vessel preparation process • Actual title transfer will be based on a case by case basis