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Committee adopts changes and forwards S. 367 to floor to speed removal of abandoned and derelict vessels
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Summary
The Senate Fish, Game and Forestry Committee unanimously amended and favorably reported S. 367, a bill that creates procedures for declaring and removing wrecked, abandoned or derelict vessels; amendments included aligning recovery timing with existing statute of limitations and removing the undefined term "state of disrepair."
The Senate Fish, Game and Forestry Committee moved S. 367, legislation establishing procedures for declaring and removing abandoned, wrecked or derelict vessels, to the Senate floor after adopting amendments on Oct. 12.
Committee staff described S. 367 as creating a framework for the Department of Natural Resources and other law-enforcement agencies to identify vessels that are wrecked, junked, abandoned or derelict and to provide procedures for removal, including for sunken vessels.
During the hearing, staff and DNR law-enforcement representatives described the bill as a tool to speed removal work and reduce time lost when vessels sink, which complicates removal. Major Michael Paul Thomas, introduced himself as a DNR law-enforcement major on the coast, and told the committee the bill's provisions would help the agency act more quickly. Committee members and staff said Admiralty attorneys assisted the bill's drafting.
Senators questioned provisions including the period allowed to seek costs from owners after removal and the size of the civil fine. Committee members agreed to an amendment conforming the owner-recovery period to the applicable statute of limitations (discussed in the hearing as three years rather than the bill's original 180 days). Members also adopted an amendment to remove language using the phrase "state of disrepair," which staff and counsel said lacked defined case law and could create legal uncertainty.
Committee discussion clarified that the bill imposes a civil fine (the bill references up to $10,000) and requires reimbursement for removal costs; members noted that substantial pollution or federal cleanup could involve separate federal penalties such as under the Federal Pollution Control Act. A senator cited a prior instance where a Coast Guard pollution-control letter prompted an owner or insurer to act.
With the amendments adopted, the committee voted to issue a favorable report. The chairman recorded the ayes as unanimous and noted proxies from Senators Cromer, Turner and Young in the affirmative.
The committee record shows the bill now proceeds to the Senate floor as amended; the transcript records committee debate, the text of the adopted amendments, and the favorable-report vote but does not show further floor action.
