07/15/2005: "DNR Asks For Information On Derelict Vessels"

DNR wants your help in identifying and locating the derelict vessels in Washington. If you know of any, please download the reporting form by clicking on the link, ( DNR-Form ) fill out the form with as much information as possible, and then email, fax or mail it to the Derelict Vessel Removal Program.

Background Information on the Program

The 2002 Washington State Legislature passed legislation which addressed the removal and disposal of derelict vessels (codified in chapter 79.100 RCW). This legislation directed the creation of an account to be used for the purposes of removing and disposing of derelict vessels. Coupled with the actions of the 2001 Washington State Legislature, which passed legislation that authorizes the use of money in the state toxics account to be used to cleanup and dispose of hazardous substances on abandoned and derelict vessels, Washington State now has the statutory authority and funding to not only clean up derelict vessels, but to remove and dispose of them.

The Washington State Department of Natural Resources (DNR) is charged with responsibility for managing the state's 2.4 million acres of state-owned aquatic lands. Prior to the 2002 legislation, the department had to rely on cooperation by the vessel owners, uncertain common law approaches such as trespass and nuisance actions, and complex federal actions to address derelict vessels. Both the United States Coast Guard (USCG) and the Army Corps of Engineers (COE) have federal authority to address derelict and abandoned vessels; but that authority is often constrained. The USCG is charged with addressing vessels that pose a substantial threat to the environment or navigation channels. These problems are usually mitigated without removing and disposing of the vessel, and the USCG does not have authority to remove and dispose of a vessel once the immediate threat has been removed. Likewise, the COE has authority to remove floating or sunken debris, but only if that debris is a hazard to navigation.

The DNR is now in the process of creating an inventory of the derelict vessels in the waters of Washington State. At the same time, criteria are being developed to prioritize these vessels for removal. Because the funding of the derelict vessel removal account is limited each year, it is essential that these criteria include consideration of environmental protection, threats to human health and safety, as well as threats to navigation, so the most damaging vessels can be removed first. Developing these criteria will not be easy and will involve collaboration with a number of stakeholders.