The term “abandoned vessel” could bring to mind a number of different settings in maritime law. If we’re talking about a breakaway vessel drifting through a crowded anchorage after a fall Nor’easter, the urgency of the situation is obvious to most observers. The vessel is clearly not “abandoned,” despite the absence of the owner at the moment. An alert salvor would likely take quick action to avert damage to other vessels and possible environmental damage.
For a treasure-laden ship that struck a reef in the 1700s, abandonment could arise in the realm of “finders-keepers” claims. A treasure hunter might argue that for all intents and purposes, that vessel was abandoned long before the advent of electricity. On the other hand, the sovereign state whose waters the boat lies in might argue otherwise.
On the waterfront today, the issue of abandoned vessels is usually far less exciting than Sir Francis Drake chasing gold-laden galleons across the stormy Atlantic. For many townships, abandoned vessels usually mean a nuisance. Instead of pirate ships filled with doubloons and jewels, today’s abandoned vessels are often nothing more than eyesores and safety hazards. These include “treasures” in the form of sailboats and powerboats whose owners grew tired of them. Many of those boats that looked so inviting in 1970s brochures are worth less a season’s winter storage today, hence the common scenario of owners walking away from them.
While different regions could apply their own regulations and definitions, the common attributes are that the boat has been left (abandoned) on public property or waterways. The owner might be unidentifiable, although registration numbers can sometimes offer a tell-tale trail. Another characteristic is that the vessel has little or no value.
In local waters, the New York City Parks Department has created a new office called the Office of Marine Debris Disposal and Vessel Surrendering. The aim is to keep the City’s waterfront free of marine hazards, thus making things better for the environment, city residents, and other boaters.
The new department is starting a program where owners could turn in their boats. Other regions use similar programs. Aside from the obvious benefit of clearing the region’s coastline of safety and navigation hazards, the program seeks to streamline the administrative process involved. According to the Parks Department, more than 800 derelict boats have been left long the 520 miles of New York City shorelines.
Improperly abandoning a vessel could take a number of forms. There is the obvious method of casting off a vessel and pretending to hope for the best. However, such an owner often knows where that boat is going to wind up, and the headaches it is going to create for nearby residents, wildlife, and ecosystems.
Abandoning could also include “forgetting” to return to a grounded vessel to clean up the mess. And with this, it is important to note that vessel owners can be liable for a navigation hazard created by such a vessel, as well as its removal costs. Burning or sinking a vessel can also be deemed abandonment. While not readily appearing as abandonment, the act of improperly transferring ownership by failing to complete proper paperwork could also be deemed abandonment.
On the federal level, the National Oceanographic and Atmospheric Administration (NOAA) also recognizes the problem. NOAA supports abandoned and derelict vessel removal through a competitive grants process. The federal Marine Debris Removal Grant has supported the removal of close to 400 abandoned and derelict vessels. NOAA recommendations include things that most diligent vessel owners already do, such keeping registration current, arranging insurance, conducting inspections and maintenance, and considering an end-of-life plan for a vessel, if applicable.
Although we may have good programs on the federal and local levels, the best safeguard could be good environmental stewardship and thoughtfulness on the part of owners of vessels. When it comes to getting rid of boats, both big and small, there are good ways and questionable ways to do things. On the large scale of ships, it could be easy for ship owners to “abandon” the costly process of proper disposal in reputable shipyards by trained personnel, instead sending a ship off to be dismantled on the beaches of a third world nation with little oversight over environmental hazards and worker safety. Big or small, vessels that are abandoned or improperly disposed of can create headaches.
Best wishes for a happy and safe Fourth of July! Tim, Erol