MARITIME ADMINISTRATION SHIP DISPOSAL PROGRAM ARTIFICIAL REEF PROGRAM OCTOBER 2005

ARTIFICIAL REEFING GOALS Create essential fish habitat Create essential fish habitat Shoreline stabilization Shoreline stabilization Eco-System stabilization Eco-System stabilization

MARAD ARTIFICIAL REEF POLICY The MARAD Artificial Reef Program was established in 1972 under Public Law The MARAD Artificial Reef Program was established in 1972 under Public Law –Authorized the Secretary of Commerce to transfer obsolete ships to any states filing applications –Transfer to be “at no cost to the federal government” –State would take custody of the vessel “as is, where is” –The Law was amended in 1984 by Public Law To include any NDRF ship that is designated for scrapping To include any NDRF ship that is designated for scrapping Gave the Secretary of Transportation authority to transfer the vessels Gave the Secretary of Transportation authority to transfer the vessels

MARAD/NAVY MOA MARAD/NAVY signed MOA with MARAD in 2003 to be the lead agency to provide one POC for the Joint Artificial Reef Program. MARAD/NAVY signed MOA with MARAD in 2003 to be the lead agency to provide one POC for the Joint Artificial Reef Program. Navy obtained artificial reefing legislative authority in Navy obtained artificial reefing legislative authority in 2004.

SHIPS AVAILABLE FOR REEFS 132 Vessels in MARAD National Defense Reserve Fleet Inventory 132 Vessels in MARAD National Defense Reserve Fleet Inventory Obsolete vessel Obsolete vessel Not all ships are good reef candidates Not all ships are good reef candidates Not all ships are available Not all ships are available

LOCATION OF NON-RETENTION VESSELS James River Reserve Fleet (55) Beaumont Reserve Fleet (16) Suisun Bay Reserve Fleet (61)

MARAD REEFING INITIATIVES Legislative Authority – Public Law , Div. C, Title XXV, Section 3516, November 24, 2003, (117 Stat. 1795) amending PL , Div. C, Title XXXV, Section 3504 (b), December 2, 2002, (116 Stat. 2754); 16 U.S.C. which requires: Legislative Authority – Public Law , Div. C, Title XXV, Section 3516, November 24, 2003, (117 Stat. 1795) amending PL , Div. C, Title XXXV, Section 3504 (b), December 2, 2002, (116 Stat. 2754); 16 U.S.C. which requires: –Environmental Best Management Practices for Preparing Vessels for Use as Artificial Reefs (BMPs)

DRAFT BEST MANAGEMENT PRACTICES Performance Based Performance Based Overall Goal Overall Goal –Standardize guidelines for preparation of vessels for artificial reefs –Assist states with cost estimating of preparing vessels for reefing –Facilitate partnering and teaming within States inclusive of non-profits and Federal grant funds

BEST MANAGEMENT PRACTICES 6 Major Contaminant Groups 6 Major Contaminant Groups –Asbestos –Polychlorinated Biphenyls –Oils and fuels –Paints and coatings –Debris and floatables –Other materials of environmental concern (batteries, fire extinguishing systems, mercury)

APPLICATIONS FOR PREPARATION OF VESSELS AS REEFS (1) Not later than March 31, 2004, the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly establish an application process for governments of States, commonwealths, and United States territories and possessions, and foreign governments, for the preparation of vessels for use as artificial reefs, including documentation and certification requirements for that application process. (1) Not later than March 31, 2004, the Secretary of Transportation, acting through the Maritime Administration, and the Administrator of the Environmental Protection Agency shall jointly establish an application process for governments of States, commonwealths, and United States territories and possessions, and foreign governments, for the preparation of vessels for use as artificial reefs, including documentation and certification requirements for that application process.

STREAMLINED VESSEL APPLICATION PROCESS State/NAVY/MARAD decide on type and number of ships State/NAVY/MARAD decide on type and number of ships State identifies reef location(s) State identifies reef location(s) State advises MARAD/NAVY of pending application State advises MARAD/NAVY of pending application Federal Artificial Reefing Team notified Federal Artificial Reefing Team notified State submits formal application to MARAD State submits formal application to MARAD

STREAMLINED VESSEL APPLICATION PROCESS MARAD then proceeds to: MARAD then proceeds to: –submit to Federal Artificial Reefing Team –set completion schedule –Tracks progress –Provides feedback to states on progress of application –Determine level of financial assistance (in coordination with Navy) –Notifies state of application approval

ARTIFICIAL REEF TEAM (ART) NOAA – NOS, NMF NOAA – NOS, NMF DOI – FWS DOI – FWS USCG USCG EPA EPA USACOE USACOE DOD-NAVY DOD-NAVY DOT-MARAD DOT-MARAD OSHA OSHA

FINANCIAL ASSISTANCE For Preparation of Vessel Only is Based on: For Preparation of Vessel Only is Based on: –Total amount available for assistance – Limited amount –Benefit achieved by providing assistance for a particular ship –Cost effectiveness of disposing of a ship as a reef as compared to other disposal options for that ship –Detailed project cost estimates –Financial assistance will be in the form of a grant (fixed amount) made at the time of vessel and title transfer

ACTIVE MARAD APPLICATIONS State of Texas – Texas Clipper State of Texas – Texas Clipper State of Florida – ex-Hoyt Vandenberg State of Florida – ex-Hoyt Vandenberg Cayman Islands – “Shipwreck City” Pilot proposal for export of vessels for reefing Cayman Islands – “Shipwreck City” Pilot proposal for export of vessels for reefing

CURRENT ARTIFICIAL REEFING CHALLENGES Lengthy Permit/Approval Process Lengthy Permit/Approval Process Lack of finalized national BMP’s for reefing preparation (How clean is clean?) Lack of finalized national BMP’s for reefing preparation (How clean is clean?) High towing and preparation costs High towing and preparation costs Risk of unknown vessel conditions due to age, lack of available information, and costs to survey the ship Risk of unknown vessel conditions due to age, lack of available information, and costs to survey the ship Lengthy fundraising Lengthy fundraising Lengthy EPA review for sampling/ cleaning/ verification plans Lengthy EPA review for sampling/ cleaning/ verification plans

LEGAL ISSUES MARAD Legislation requires transfer of Title to the State, Commonwealth, Possession, Territory or Foreign Government at the Fleet in “as is where is” condition MARAD Legislation requires transfer of Title to the State, Commonwealth, Possession, Territory or Foreign Government at the Fleet in “as is where is” condition States are, for the most part, unwilling to accept the liability States are, for the most part, unwilling to accept the liability MARAD awaiting legal interpretive guidance MARAD awaiting legal interpretive guidance

FY 06 PROPOSED LEGISLATION Allows MARAD to transfer title at any time during vessel reefing preparation process Allows MARAD to transfer title at any time during vessel reefing preparation process Legislation is not yet enacted Legislation is not yet enacted Gives MARAD flexibility to work with States and Transfer Title at any time during vessel preparation process Gives MARAD flexibility to work with States and Transfer Title at any time during vessel preparation process Actual title transfer will be based on a case by case basis Actual title transfer will be based on a case by case basis

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