Derelict Vessel Removal Program
Notices of Intent to Obtain Custody
It is the intent of the Authorized Public Entities listed in the pending actions below to take custody of the vessels as shown. Once the pubic agency takes custody of the vessel, they may use or dispose of the vessel in any appropriate and environmentally sound manner without further notice to any owners.
The owner of any vessel listed below (identified for seizure) may prevent the action by following the directions outlined in the notice.
The costs the owner may be liable for include, but are not limited to, costs incurred exercising the authority granted in RCW 79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW 79.100.040, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel.
A person seeking to contest an Authorized Public Entity's decision to take temporary possession or custody of a vessel under this chapter, or to contest the amount of reimbursement owed to an Authorized Public Entity under this chapter, may appeal, using the methods outlined in the notice. The type of appeal and the appeal period depends on which Authorized Public Entity takes the action (RCW 79.100.120).
If the contested decision or action was undertaken by a state agency, a written request for a hearing related to the decision or action may be filed at any time once the agency has started the custody or temporary possession action, but it must be received no later than 20 days after the custody date (or, if the vessel is redeemed before the Authorized Public Entity aquires custody, the day of the redemption) or the right to the hearing is waived and the vessel's owner is liable for any costs owed to the Authorized Public Entity. The appeal must be filed with the state Department of Natural Resources, Aquatic Resources Division.
If the contested decision or action was undertaken by a metropolitan park district, port district, city, town, or county — which has adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels — those rules or procedures must be followed in order to contest a decision to take temporary possession or custody of a vessel, or to contest the amount of reimbursement owed.
If the metropolitan park district, port district, city, town, or county has not adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels, then a person requesting a hearing under this section must follow the procedure established in RCW 53.08.320(5) for contesting the decisions or actions of moorage facility operators.
Pending Actions
Unnamed Vessel, 30’ Trojan Cabin Cruiser, with Registration # WN 7979 JC, Port of Olympia — December 14, 2009
Vessel Yankee Sundowner with USCG document #220308, Port of Port Townsend, Jefferson County
— December 2, 2009 Oyster Queen, Hull ID # WAZ3090D1978, DVRP # MA09-002, located on Hartstene Island, Mason County near Jarrell’s Cove — November 30, 2009