MARITIME MARITIME ADMINISTRATIONADMINISTRATION

SHIP DISPOSAL PROGRAMSHIP DISPOSAL PROGRAM

ARTIFICIAL REEF PROGRAMARTIFICIAL REEF PROGRAM

OCTOBER 2005OCTOBER 2005

ARTIFICIAL REEFING GOALSARTIFICIAL REEFING GOALS

• Create essential fish habitatCreate essential fish habitat

• Shoreline stabilizationShoreline stabilization

• Eco-System stabilizationEco-System stabilization

MARAD ARTIFICIAL REEF MARAD ARTIFICIAL REEF POLICYPOLICY

• The MARAD Artificial Reef Program was The MARAD Artificial Reef Program was established in 1972 under Public Law 92-402established in 1972 under Public Law 92-402– Authorized the Secretary of Commerce to transfer Authorized the Secretary of Commerce to transfer

obsolete ships to any states filing applicationsobsolete ships to any states filing applications– Transfer to be “at no cost to the federal government”Transfer to be “at no cost to the federal government”– State would take custody of the vessel “as is, where is”State would take custody of the vessel “as is, where is”– The Law was amended in 1984 by Public Law 98-623The Law was amended in 1984 by Public Law 98-623

• To include any NDRF ship that is designated for scrappingTo include any NDRF ship that is designated for scrapping

• Gave the Secretary of Transportation authority to transfer the Gave the Secretary of Transportation authority to transfer the vesselsvessels

MARAD/NAVY MOAMARAD/NAVY MOA

• MARAD/NAVY signed MOA with MARAD/NAVY signed MOA with MARAD in 2003 to be the lead MARAD in 2003 to be the lead agency to provide one POC for the agency to provide one POC for the Joint Artificial Reef Program.Joint Artificial Reef Program.

• Navy obtained artificial reefing Navy obtained artificial reefing legislative authority in 2004.legislative authority in 2004.

SHIPS AVAILABLE FOR SHIPS AVAILABLE FOR REEFSREEFS• 132 Vessels in MARAD 132 Vessels in MARAD

National Defense National Defense Reserve Fleet InventoryReserve Fleet Inventory

• Obsolete vessel list @Obsolete vessel list @

https://voa.marad.dot.ghttps://voa.marad.dot.govov

• Not all ships are good Not all ships are good reef candidatesreef candidates

• Not all ships are Not all ships are availableavailable

LOCATION OF NON-RETENTION LOCATION OF NON-RETENTION VESSELSVESSELS

James River Reserve Fleet(55)

Beaumont Reserve Fleet (16)

Suisun Bay Reserve Fleet(61)

MARAD REEFING MARAD REEFING INITIATIVESINITIATIVES

• Legislative Authority – Legislative Authority – Public Law 108-316, Div. C, Public Law 108-316, Div. C, Title XXV, Section 3516, Title XXV, Section 3516, November 24, 2003November 24, 2003, (117 Stat. 1795) amending , (117 Stat. 1795) amending PL 107-314, Div. C, Title XXXV, Section 3504 (b), December 2, 2002, (116 PL 107-314, Div. C, Title XXXV, Section 3504 (b), December 2, 2002, (116

Stat. 2754); 16 U.S.C.Stat. 2754); 16 U.S.C. which requires: which requires:– Environmental Best Management Environmental Best Management

Practices for Preparing Vessels for Use Practices for Preparing Vessels for Use as Artificial Reefs (BMPs)as Artificial Reefs (BMPs)

DRAFT BEST MANAGEMENT DRAFT BEST MANAGEMENT PRACTICESPRACTICES

• Performance BasedPerformance Based• Overall GoalOverall Goal

– Standardize guidelines for preparation Standardize guidelines for preparation of vessels for artificial reefsof vessels for artificial reefs

– Assist states with cost estimating of Assist states with cost estimating of preparing vessels for reefingpreparing vessels for reefing

– Facilitate partnering and teaming within Facilitate partnering and teaming within States inclusive of non-profits and States inclusive of non-profits and Federal grant fundsFederal grant funds

BEST MANAGEMENT BEST MANAGEMENT PRACTICESPRACTICES

• 6 Major Contaminant Groups6 Major Contaminant Groups– AsbestosAsbestos– Polychlorinated BiphenylsPolychlorinated Biphenyls– Oils and fuelsOils and fuels– Paints and coatingsPaints and coatings– Debris and floatablesDebris and floatables– Other materials of environmental Other materials of environmental

concern (batteries, fire extinguishing concern (batteries, fire extinguishing systems, mercury)systems, mercury)

APPLICATIONS FOR APPLICATIONS FOR PREPARATION OF VESSELS AS PREPARATION OF VESSELS AS

REEFSREEFS• (1) Not later than March 31, 2004, the (1) Not later than March 31, 2004, the

Secretary of Transportation, acting Secretary of Transportation, acting through the Maritime Administration, and through the Maritime Administration, and the Administrator of the Environmental the Administrator of the Environmental Protection Agency shall jointly establish an Protection Agency shall jointly establish an application process for governments of application process for governments of States, commonwealths, and United States States, commonwealths, and United States territories and possessions, and foreign territories and possessions, and foreign governments, for the preparation of governments, for the preparation of vessels for use as artificial reefs, including vessels for use as artificial reefs, including documentation and certification documentation and certification requirements for that application process.requirements for that application process.

STREAMLINED VESSEL STREAMLINED VESSEL APPLICATION PROCESSAPPLICATION PROCESS

• State/NAVY/MARAD decide on type and State/NAVY/MARAD decide on type and number of shipsnumber of ships

• State identifies reef location(s)State identifies reef location(s)• State advises MARAD/NAVY of pending State advises MARAD/NAVY of pending

applicationapplication• Federal Artificial Reefing Team notifiedFederal Artificial Reefing Team notified• State submits formal application to State submits formal application to

MARADMARAD

STREAMLINED VESSEL STREAMLINED VESSEL APPLICATION PROCESSAPPLICATION PROCESS

• MARAD then proceeds to:MARAD then proceeds to:– submit to Federal Artificial Reefing Teamsubmit to Federal Artificial Reefing Team– set completion scheduleset completion schedule– Tracks progressTracks progress– Provides feedback to states on progress Provides feedback to states on progress

of applicationof application– Determine level of financial assistance Determine level of financial assistance

(in coordination with Navy)(in coordination with Navy)– Notifies state of application approvalNotifies state of application approval

ARTIFICIAL REEF TEAM ARTIFICIAL REEF TEAM (ART)(ART)• NOAA – NOS, NMFNOAA – NOS, NMF

• DOI – FWSDOI – FWS

• USCGUSCG

• EPAEPA

• USACOEUSACOE

• DOD-NAVYDOD-NAVY

• DOT-MARADDOT-MARAD

• OSHAOSHA

FINANCIAL ASSISTANCEFINANCIAL ASSISTANCE

• For Preparation of Vessel Only is Based on:For Preparation of Vessel Only is Based on:– Total amount available for assistance – Limited Total amount available for assistance – Limited

amountamount– Benefit achieved by providing assistance for a Benefit achieved by providing assistance for a

particular shipparticular ship– Cost effectiveness of disposing of a ship as a Cost effectiveness of disposing of a ship as a

reef as compared to other disposal options for reef as compared to other disposal options for that shipthat ship

– Detailed project cost estimatesDetailed project cost estimates– Financial assistance will be in the form of a grant Financial assistance will be in the form of a grant

(fixed amount) made at the time of vessel and (fixed amount) made at the time of vessel and title transfertitle transfer

ACTIVE MARAD ACTIVE MARAD APPLICATIONSAPPLICATIONS

• State of Texas – Texas ClipperState of Texas – Texas Clipper

• State of Florida – ex-Hoyt State of Florida – ex-Hoyt VandenbergVandenberg

• Cayman Islands – “Shipwreck City” Cayman Islands – “Shipwreck City” Pilot proposal for export of vessels Pilot proposal for export of vessels for reefingfor reefing

CURRENT ARTIFICIAL REEFING CURRENT ARTIFICIAL REEFING CHALLENGESCHALLENGES

• Lengthy Permit/Approval ProcessLengthy Permit/Approval Process• Lack of finalized national BMP’s for reefing Lack of finalized national BMP’s for reefing

preparation (How clean is clean?)preparation (How clean is clean?)• High towing and preparation costsHigh towing and preparation costs• Risk of unknown vessel conditions due to Risk of unknown vessel conditions due to

age, lack of available information, and age, lack of available information, and costs to survey the shipcosts to survey the ship

• Lengthy fundraisingLengthy fundraising• Lengthy EPA review for sampling/ Lengthy EPA review for sampling/

cleaning/ verification planscleaning/ verification plans

LEGAL ISSUESLEGAL ISSUES

• MARAD Legislation requires transfer MARAD Legislation requires transfer of Title to the State, Commonwealth, of Title to the State, Commonwealth, Possession, Territory or Foreign Possession, Territory or Foreign Government at the Fleet in “as is Government at the Fleet in “as is where is” conditionwhere is” condition

• States are, for the most part, States are, for the most part, unwilling to accept the liabilityunwilling to accept the liability

• MARAD awaiting legal interpretive MARAD awaiting legal interpretive guidanceguidance

FY 06 PROPOSED FY 06 PROPOSED LEGISLATIONLEGISLATION

• Allows MARAD to transfer title at any Allows MARAD to transfer title at any time during vessel reefing preparation time during vessel reefing preparation processprocess

• Legislation is not yet enactedLegislation is not yet enacted• Gives MARAD flexibility to work with Gives MARAD flexibility to work with

States and Transfer Title at any time States and Transfer Title at any time during vessel preparation processduring vessel preparation process

• Actual title transfer will be based on a Actual title transfer will be based on a case by case basiscase by case basis

QUESTIONS???QUESTIONS???