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OREGON STATE MARINE BOARD

 
DIVISION 26
SALVAGED VESSEL SUBACCOUNT

250-026-0005
Purpose of Rules
(1) The Oregon State Marine Board (Board)
will establish and maintain a Salvaged Vessel Subaccount. Funds from this account
will reimburse enforcement agencies for expenses related to the removal of abandoned
and derelict vessels.
(2) The Board will provide
vessel turn-in program grants to assist in the disposal of vessels at risk of abandonment
on the waters of this state.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0010
Responsibility for Removal of Abandoned
or Derelict Vessels
(1) The enforcement agency that has
jurisdictional responsibility for the submerged or submersible land or water on
which an abandoned vessel or a derelict vessel is located will take responsibility
for its removal and disposal.
(2) The Board may enter into
cooperative agreements to directly procure vessel salvage and removal services from
contractors.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0015
Identification of Owners
(1) The enforcement agency must contact
the Board to verify the ownership record of an abandoned or derelict vessel.
(2) If the vessel is a boat,
an enforcement agency must provide the Board with:
(a) A description of the
boat;
(b) The registration numbers
and decal information affixed to the bow of the boat, if present;
(c) The documentation number
if the boat is a documented vessel; and
(d) A hull identification
number (HIN).
(3) If the vessel is a floating
home, boathouse or other floating structure that is normally secured to a pier or
pilings the enforcement agency must provide the identifying license plate number.
(4) The Board will attempt
to verify ownership through registration documentation.
(5) The Board will search
the Law Enforcement Database System (LEDS) to determine if the vessel has been reported
stolen.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0020
Notification of Vessel Seizure
(1) Enforcement agencies that intend
to seize an abandoned or derelict vessel under the authority of ORS 830.911 must
provide the Board with a copy of the “pre-seizure notice” on the same
date it’s sent to the owner.
(2) Enforcement agencies
that immediately seize an abandoned or derelict vessel that presents a hazard to
navigation or an imminent threat to public health or safety under the authority
of ORS 830.923 must provide the Board with a copy of the “post-seizure notice”
within seven days of the seizure.
(3) The Board may request
additional information from the enforcement agency, i.e., location coordinates,
photographs of the vessel, incident or other law enforcement reports.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0025
Availability of Funds
(1) Enforcement agencies are encouraged
to verify the availability of funds in the Salvaged Vessel Subaccount prior to incurring
salvage, towing, storage and disposal expenses.
(2) The Board will retain
up to 20 percent of the Salvaged Vessel Subaccount until the beginning of the third
quarter of the final year of each biennium; at which time, the funds could be disbursed.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0030
Expense Documentation
(1) The Board requires receipt of expense
documentation from enforcement agencies prior to the release of funds from the Salvaged
Vessel Subaccount:
(a) Pre-seizure: a written
estimate of the salvage, towing, storage and disposal costs. This estimate must
itemize expenses and include a description of how the salvage, towing, storage and
disposal will be accomplished.
(b) Post-seizure: itemized
expenses incurred by the enforcement agency by reason of the seizure, and the amount
of those costs that have accrued as of the date of the post-seizure notice. The
enforcement agency must also submit a complete estimate of remaining storage and
disposal costs, and a description of how the storage and disposal will be accomplished.
(2) Expense documentation
must be in writing and submitted by email or fax within ten days of seizure action.
(3) The Board will review
documentation of incurred expenses and cost estimates to confirm eligibility and
to ensure match requirements are met.
(4) The Board will prepare
an Intergovernmental Project Agreement for signature by the parties prior to the
reimbursement of eligible expenses.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0035
Vessels Eligible for Reimbursement
(1) Enforcement agencies are eligible
for reimbursement from the Salvaged Vessel Subaccount for:
(a) Abandoned or derelict
vessels that are seized under ORS 830.908 to 830.944 and are on the waters of this
state; and
(b) Vessels surrendered by
owners as part of a Board approved vessel turn-in program.
(2) Enforcement agencies
may be eligible for reimbursement from the Salvaged Vessel Subaccount for vessels
surrendered by owners independent of a Board approved vessel turn-in program.
(3) Enforcement agencies
are not eligible for reimbursement from the Salvaged Vessel Subaccount for :
(a) Vessels that are abandoned
on public or private land;
(b) Vessels which have been
reported stolen; and
(c) Boats which are 200 gross
tons or more.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0040
Match Requirements
(1) An enforcement agency must contribute
a minimum of 10 percent of the total cost of salvage, towing, storage and disposal
of an abandoned vessel or a derelict vessel that is or has been registered with
the Board or is in the determination of the Board a recreational vessel.
(2) An enforcement agency
must contribute a minimum of 25 percent of the total cost of salvage, towing, storage
and disposal of an abandoned vessel or a derelict vessel that has never been registered
with the Board and is or was a commercial vessel.
(3) Match may be cash or
"in-kind" materials or services, i.e., use of enforcement agency equipment for towing
and salvage, property for storage, enforcement agency staff time for investigation,
identification of owners, contact with owners, preparation of pre and post seizure
notices, hearings, and correspondence and coordination with the Board and other
agencies.
(4) Matching funds may be
provided by the enforcement agency or as part of a cooperative project with another
enforcement agency.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0045
Eligible Expenses and Match
(1) An enforcement agency is eligible
to receive reimbursements for expenses directly related to the salvage, towing,
storage and disposal of an abandoned or derelict vessel. These expenses include
but are not limited to:
(a) Salvaging a sunken vessel;
(b) Towing a vessel;
(c) Storing a vessel for
no more time than is required by ORS 830.908-944;
(d) Dismantling a vessel;
(e) Disposing of the vessel
waste.
(2) The following types of
expenses are not eligible for reimbursement and cannot be used for the matching
funds requirements:
(a) Indirect costs such as
overhead and administration not specifically related to vessel removal and disposal;
(b) Expenses related to tort
claims or compensatory damages filed by third parties for lost or damaged personal
or real property;
(c) Expenses for damages
incurred to property belonging to an enforcement agency;
(d) Expenses for new equipment
or machinery purchased by an enforcement agency to complete a removal or cleanup.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0050
Use of Contractors
Enforcement agencies must follow all
applicable local and state laws, ordinances, and rules with respect to contracting
for services.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14
250-026-0055
Vessel Turn-in Program Grants
(1) Grants are available to public agencies
to sponsor a vessel turn-in program. These programs will allow owners to surrender
vessels at risk of becoming abandoned or derelict before the vessels damage the
environment or become a hazard to navigation.
(2) Recreational vessels,
acknowledged by the Board, in danger of becoming abandoned or derelict are eligible
for removal through a vessel turn-in grant. The owner of the vessel must:
(a) Surrender the vessel
by signing a release of interest on the certificate of title;
(b) Provide the title to
the public agency; or
(c) If the title is lost,
sign an alternative release of interest document as approved by the Board.
(3) Any public agency may
submit a proposal to the Board for a vessel turn-in grant to be funded in part from
the Salvaged Vessel Subaccount. Proposals must be submitted in writing by mail,
email, or fax.
(4) The proposal for a vessel
turn-in program grant must include a description of:
(a) How the turn-in program
will be advertised or how boats will be identified for surrender;
(b) The dates and times for
any turn-in events;
(c) The location of any turn-in
events;
(d) The criteria used by
the public agency to determine if a vessel was in danger of being an abandoned vessel
or a derelict vessel and was likely to cause damage to the environment or become
a hazard to navigation;
(e) A description of how
surrendered boats will be removed and disposed of;
(f) An estimate of the number
of boats that will be surrendered;
(g) An itemized list of expenses
associated with the turn-in program;
(h) The total amount of funds
requested; and
(i) Any cash or in-kind match
to be provided by the public agency.
(5) The Board will review
the proposed vessel turn-in program. Grant decisions will be based upon criteria
outlined in 250-026-0055(4)(a)–(i), as well as, funds available in the Salvaged
Vessel Subaccount. The Board will provide its decision in writing.
(6) If the Board approves
the vessel turn-in program grant, the Board will prepare an Intergovernmental Project
Agreement for signature by the parties prior to the grant award.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.948
Hist.: OSMB 9-2014, f. 5-12-14,
cert. ef. 6-1-14

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