The Derelict Vessel Removal Program (DVRP) is administered by the Department of Natural Resources (DNR).  Under the DVRP, certain authorized public entities, including the DNR and other public entities that own or manage aquatic lands, may take custody and dispose of abandoned or derelict vessels on aquatic lands within their jurisdiction.

In order to be derelict, a vessel must be impermissibly left on public waters or property, impermissibly left on private property, or left for seven days and be in danger of sinking, obstructing a waterway, or endangering life or property.  Derelict vessels have a known owner who exerts control over the vessel and can be located.

In order to be abandoned, a vessel must be impermissibly left in the same area for a period of 30 consecutive days, or 90 days in a 365-day period.  Abandoned vessels have an owner that is unknown, cannot be located, or is unwilling to take control of the vessel.

Before an authorized public entity may take custody of a derelict or abandoned vessel, the public entity must generally take certain steps to publicize notice of its intent.  Once the public entity takes custody of a vessel, it may use or dispose of the vessel in any environmentally sound manner after first attempting to derive some value from it.

The owner of an abandoned or derelict vessel is responsible for the cost of removal and disposal of the vessel.  It is a misdemeanor to cause a vessel to become abandoned or derelict.

The owner of a seized vessel may request a hearing before the Pollution Control Hearings Board within 30 days of the date the public entity took custody to appeal either the seizure or the amount of reimbursement owed.

The definition of a derelict vessel is modified to:

• remove the requirement that the owner is known, able to be located, and exerts control of the vessel; and
• include vessels that have been in violation of registration requirements for at least two annual registration periods (two years) and are prioritized for removal by the DNR or another authorized public entity.

(In support)  It took an extensive amount of time to remove a tug that sank recently, resulting in thousands of gallons of oil being spilled and millions of dollars spent.  Dangerous vessels are sinking and law enforcement faces delays in addressing them, increasing hazards and costs, because the owners are not known.  Once a vessel passes a certain point, the water quality and habitat damage is already done, and the burden falls to local communities and taxpayers when the cause is private neglect.  The DRVP does not have enough funding and we need to be able to remove vessels as soon as possible, before they become an issue.  A lot of work from stakeholders went into this bill.  This bill is a much-needed fix that allow intervention to reduce downstream costs while still preserving due process.

(Opposed)  None.

Representative Adison Richards, prime sponsor; James Weaver, Port of Poulsbo; Heidi Eisenhour, Jefferson County; Tarin Todd, Recreational Boating Association of Washington; James Cockburn, Washington Public Ports Association; Intisar Benge, Kitsap County; Oran Root, Kitsap County Commissioner; and John Morrissey, City of Port Orchard Councilmember.