Governor Brown Signs Frazier Legislation That Will Help Improve Boating and Waterway Safety

Sacramento, CA – Governor Jerry Brown has signed Assembly Bill 1323, an important piece of legislation by Assemblymember Jim Frazier (D – Oakley) that will allow for an expedited removal process for abandoned vessels that are derelicts, wrecks, hulks and parts of ships that litter and pollute our state waterways and beaches.

“I applaud the Governor for signing AB 1323, which will help local agencies quickly remove the abandoned derelict boats that we all see littered in our state waterways, including the Delta,” said Assemblymember Frazier.  “This bill was supported by a broad coalition of boaters, boating safety officers and the State Lands Commission because it was clear that we need an expedited process to remove this marine debris that pollutes our waterways and poses a significant safety risk.”

Abandoned vessels in state waterways pose hazards to commercial and recreation boat traffic as well as the ecosystem.  Statewide, hundreds of boats are abandoned annually and this problem is especially troublesome in the Sacramento-San Joaquin Delta, where personal pleasure boats are abandoned alongside aging steamboats and river barges.  Abandoned boats, especially those that capsize and sink, can interfere with boating traffic and damage operational vessels attempting to navigate a waterway.  More troublesome, abandoned boats that begin to deteriorate can leach toxic chemicals or fuel into state waterways.  Removing these vessels is difficult, potentially dangerous and expensive.  To ensure that a boat does not further deteriorate and expose salvage crews or the local environment to toxic chemicals, salvage efforts take significant time and require great care and effort.  The sooner an abandoned boat is removed from the waterway, the less likely it is to deteriorate and pose significant harm to the environment and salvage crews.

Although, the Harbors and Navigation Code in Chapter 3, Article 1, commencing with Section 513 provides authority to the Sheriff to deal with wrecked property and for municipalities and other public entities to deal with abandoned vessels within their limits, each of these code sections requires procedures which are both time consuming and costly.  Because they are so impractical they are seldom used and as a result broken or disintegrated vessels and parts of them remain and continue to pollute our waterways and the environment.

This proposal draws the distinction between a seaworthy vessel and a vessel or parts of a vessel that are unseaworthy, i.e., one no longer capable of performing its purpose or function, and defines it as marine debris.  Such marine debris in a state waterway, on a public beach or on state tide and submerged lands may be posted for removal by a state, county, city or other local entity with jurisdiction over the area and removed after 30 days.  If an owner can reasonably be determined, a written notice by mail is also required.  Removal can be done immediately if it is a public nuisance or a hazard to health, safety or the environment.