New Derelict Vessel Bill

Maybe you saw that there is a new derelict vessel bill that was passed in the 2014 Legislature. If you operate a marina, this blog is for you. Take a look and if you are looking for additional information, please drop a line to me (peter@nmta.net) .

From NMTA's friend and lawyer Bill DeVoe:

The good news is that marinas are already doing much of what is required under the new derelict vessel statute.  For example most of the information that the marinas are required to gather, they are already gathering.  Another example is insurance.  Most marinas require the boat owners to have insurance.  As a marina, you should focus on the following:

1.  INFORMATION GATHERING

A moorage provider must get the following information from the person entering into a long-term moorage agreement: name of the legal owner of the vessel; local person contact information; owner’s name and telephone number; hull identification number; U.S. Coast Guard registration, if applicable; home port; date moorage began, and; country or state of registration and registration number.  Marinas are already gathering most, if not all, of this information.

The tricky party of the information gathering is that the moorage provider must also obtain one of three types of additional significant information from the vessel owner which is: (a) proof of vessel registration; (b) written statement of the intent to register the vessel, or (c) an affidavit in a form approved by the department certifying that the vessel is exempt from state vessel requirements.  The moorage provider must keep all of the information collected for at least two years.  My intent is develop a form written statement of the intent to register the vessel that can be provided to the vessel owner at the time the moorage agreement is entered into.  The marina owner needs to get either the current registration, the written statement of intent to register, or the affidavit.  The is the new hoop that marinas must jump through when it come to getting information from the vessel owner.

2.    INFORMATION PROVIDED TO VESSEL OWNER

For long term moorage agreements entered into after July 1, 2014, for a vessel not registered in the State of Washington, the moorage agreement must include in a form and manner approved by the the department of revenue: notice of Washington state vessel registration requirements; notice of the state tax requirements, and; notice of listing requirements.  This should not be a major problem for marinas once they get used to the routine.

3.    PROVIDING INFORMATION TO THE STATE

The statute requires the moorage provider to pick one of two options in response to a request for information from the state. 

Option one requires the moorage provider to allow the state to inspect the moorage facility for vessels that are not properly registered.  For the vessels that are not properly registered, the moorage provider must allow the state to inspect and copy records showing the required information collected at the time the moorage was entered into: name of the legal owner of the vessel; local contact person’s contact information; owner’s name and telephone number; hull identification number; U.S. Coast Guard registration, if applicable; home port; date moorage began, and; country or state of registration and registration number.

Option two requires the marina to provide: name of the legal owner of the vessel; owner’s name and telephone number; hull identification number, and; U.S. Coast Guard registration.  The marina will have to provide the remaining information only for those vessels the state determines are not properly registered.

4.    MOORAGE FACILITY OPERATOR INSURANCE REQUIREMENTS

The statute places obligations on private and public moorage facility operators to not only have insurance for their own facility but to require, as a condition of moorage, that all vessel owners provide proof of insurance when the moorage contract is entered into.  As described in the statute this requirement only applies to private moorage facilities and not public moorage facilities.  Most private moorage facilities have their own insurance and most private moorage facilities already require proof of insurance.  Therefore these new requirements should not significantly change operating  procedures for these facilities.  The liability limits of the insurance is at least three hundred thousand dollars per occurrence and must include at a minimum general, legal, and pollution liability.


William D. DeVoe, Attorney wdevoe@hwb-law.com 

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If there are forms mentioned that you need as a marina operator, email me: Peter@nmta.net


Also, if you want to read the bill, here's the link: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2457&year=2013