(a)  After taking possession of a vessel or other obstruction, pursuant to the terms and conditions of § 46-6-9 and § 46-9-10, the authorized public entity may use or dispose of the vessel or other obstruction in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel or other obstruction, either in whole or in scrap. If no value can be derived from the vessel or other obstruction, the authorized public entity must give preference to the least costly, environmentally sound, reasonable disposal option.

Terms Used In Rhode Island General Laws 46-6-10.1

  • Abandoned vessel: means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the submerged lands or waters below or on which the vessel is located for more than forty-five (45) consecutive days or for more than a total of ninety (90) days in any three hundred sixty-five (365) day period, and the vessel's owner is: (i) Not known or cannot be located; or (ii) Known and located but is unwilling to take control of the vessel. See Rhode Island General Laws 46-6-8.1
  • Authorized public entity: means the department of environmental management or any municipality with jurisdiction or management authority over the harbor areas where an abandoned or derelict vessel or other obstruction is located. See Rhode Island General Laws 46-6-8.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Obstruction: means any unlawful or unauthorized structure or thing that is deposited or suffered to be or remain in the tidal waters or upon the tidal lands of the state, and in the judgment of the director, is, or is liable to cause or become an obstruction to the safe and convenient use of the waters and submerged lands of the state for navigation and other lawful purposes. See Rhode Island General Laws 46-6-8.1
  • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Rhode Island General Laws 46-6-8.1

(b)  If the authorized public entity chooses to offer the vessel or other obstruction for sale at public auction, either a minimum bid may be set or a letter of credit may be required, or both, to discourage future re-abandonment of the vessel or other obstruction.

(c)  Proceeds derived from the sale of the vessel or other obstruction must first be applied to any administrative costs that are incurred by the authorized public entity during the notification procedures set forth in § 46-6-9, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel or other obstruction. If the proceeds derived from the sale of the vessel or other obstruction exceed all such costs, the remaining moneys must be applied to satisfying any liens registered against the vessel or other obstruction.

(d)  Any value derived from the sale of a vessel greater than all liens and costs incurred shall revert to the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3.

History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.