Who is Responsible for a Sunken Vessel?

[Roniszoro]

A 45 foot sports fisherman sunk or largely sunk in Biscayne Bay in the "no name storm" we had in South Florida recently. It is almost totally submerged in the bay. Who is responsible for removing it? Can anyone educate me?

Thank you for doing so.

[neilpride]

The owner.

[JPA Cate]

I am not sure under which jurisdiction it will fall. What may decide what happens to it may be the insurance the owner had on it. And after that, the laws of the County of the State in which the sinking occurred. The fact of the sinking having been in an unnamed storm may or may not come into play as long term legal negotiation.

Ann

[SailingHarmonie]

Originally Posted by JPA Cate

I am not sure under which jurisdiction it will fall. What may decide what happens to it may be the insurance the owner had on it. And after that, the laws of the County of the State in which the sinking occurred. The fact of the sinking having been in an unnamed storm may or may not come into play as long term legal negotiation.

Ann

No. The owner is responsible. Period. Always. IF he has insurance he might get them to help, but the insurance company is never legally liable for removing the boat. They might owe the owner for his costs, but that never releases the owner’s liability.

The local authorities require the owner to remove the boat. If he can not or will not and theyremove the boat they will sue the owner for costs. If he has insurance, that might cover the costs. Any “negotiation” is between the owner and the insurance company. The authorities will hold the owner the responsible party.

[Kettlewell]

Florida Derelict-and At-Risk Vessels: https://myfwc.com/boating/waterway/derelict-vessels/

[Mickeyrouse]

Whatcha bet the boat is uninsured, and the owner is unfindable?

[Shrew]

The owner, which is why you see a graveyard of sunken boats as you travel up and down the Intracoastal Waterway. The progression is as follows:

1) Owners insurance

2) Owner (out of pocket)

3) Frustrated land owner who finally decides to pay for it themselves when they get sick of looking at a sunken boat in their back yard.

4) Municipal, County or State (FWC) organization through funds raised for this purpose through vessel and fishing license fees.

This is the root of why many municipalities are cracking down on long term anchoring. It's not the cruisers. It's the overwhelming population of quasi-homeless people who live, full time, on unmaintained vessels. Once these vessels sink, the owner simply moves on with their life, leaving the resto fo us to deal with it.

Yes, I said we 'deal with it' because in many cases, these become obstructions in the anchorage, that everyone now has to give wide berth, reducing the boats that can be accommodated in that anchorage. It also becomes a hazard to navigation.

[Kettlewell]

A lot of derelict boats in Florida are owned by locals who simply store boats out on the water that way. Sometimes they simply grind off the hull number and discretely drop a hook somewhere in order to get rid of their project boat that didn't work out. There are many different reasons boats become derelict. I would imagine the sunken vessel has already been reported, but why not just call up the local harbormaster, sheriff, police, or even the FWC and ask them about the boat? They may already have a plan in place to get rid of the thing. The rest of us here on the Internet can only speculate.

[Shanachie]

With the abundance of 1970s and '80s boats reaching the point of no return -- little value, lots of needed repairs -- the situation is only going to worsen over the next few years.

[skipperpete]

In Townsville just opposite the marina a very large wooden sailing vessel sank and the owner was held responsible .......it transpired that the owner, prior to the sinking had sold the vessel for one dollar to a bankrupt captain , salvor and Cairns identity.... well known to all of us in the marine industry ......and the authorities were in “check”. It was cleared eventually but for a long time was a sad sight with her masts still standing forlornly in the river. I never discovered who paid for the wreck clearance, perhaps a Townsville Yachtie might have more info.

[MicHughV]

Salvage laws are a confusing conglomeration of legalese that require an attorney knowledgeable about these matters to decipher, which is why derelict boats have a habit of staying around for a long time.
Boats that have sunk are one thing, but there are just as many boats on the hard in some yards that have been there for eons as the skipper has long since skipped town.
Getting rid of these boats is apparently quite a challenge. Even trying to purchase one of these boats is apparently a quagmire of legalese paperwork that must first get done.
Abandoned boats are to be found most anywhere there is water, and I've seen many.

It would be nice to hear from a forum expert on these matters, just exactly what the options are for any town authority, etc, to get rid of or remove these boats.

[Wotname]

And in some other jurisdictions, the answer can be more complex e.g. https://en.wikipedia.org/wiki/Receiver_of_Wreck

[Kettlewell]

It would be nice to hear from a forum expert on these matters, just exactly what the options are for any town authority, etc, to get rid of or remove these boats.

It varies tremendously from state to state in the USA, and even between localities. In New England harbormasters seem to have infinite powers to simply remove such vessels, and they do. You don't find sunken boats in New England harbors that have been there for long. In Florida it seems to take forever for the gears to turn to get the boat removed.

[flyingw]

Originally Posted by skipperpete

In Townsville just opposite the marina a very large wooden sailing vessel sank and the owner was held responsible .......it transpired that the owner, prior to the sinking had sold the vessel for one dollar to a bankrupt captain , salvor and Cairns identity.... well known to all of us in the marine industry ......and the authorities were in “check”. It was cleared eventually but for a long time was a sad sight with her masts still standing forlornly in the river. I never discovered who paid for the wreck clearance, perhaps a Townsville Yachtie might have more info.

$1 Bill of Sale and a grand under the table. Judgement-proof new owner.

[MicHughV]

For sure, Florida has more than it's fair share of derelict and abandoned boats, which can be found up and down the coast. Why this should be so, I could not say, but have been told that removing a derelict boat is a major pain in the rear end for the appropriate authorities.

Removing it is one thing, but what to do with it after removal also appears to be a sticking point.

Undoubtably, there can be some large sums of $$ involved to tackle such a removal, plus endless permitting requirements, especially of there is oil and fuel involved.

I've read there has been a major push in south Florida and the Keys to get rid of derelict boats, but how successful this venture has been, I could not say.

Interestingly, after we've had a major hurricane here, removing sunk boats does not appear to be a problem, as these are picked up will nilly, placed on a barge and taken somewhere. Could not say why this is so, other than insurance companies likely picking up the tab.