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Derelict boat law muddy as water

Much depends on which conditions apply:abandoned, wrecked, inoperativeor junked.

By CASEY CORA
Published June 28, 2006

ST. PETERSBURG - John Kilroy sees the sunken vessels anchored in the southwest tip of Isla del Sol everyday.

They're an "eyesore," the retiree said. "I realize I don't have to look at them, but I do drive by it every day."

St. Petersburg Officer Wes Miller is aware of the vessels, but said getting rid of them is a slow process that requires state help because of muddy state laws surrounding derelict boats.

According to state law, the Fish and Wildlife Conservation Commission is the only agency that can designate vessels as derelict, defined as boats left in a "wrecked, junked, or substantially dismantled" condition in public waters.

However, vessels designated as abandoned property, defined as "wrecked, inoperative, or partially dismantled" or having "no apparent intrinsic value" are allowed to be regulated by cities and counties as well.

The lack of distinction between derelict and abandoned has long been a source of confusion to officials, boaters and residents alike.

A law signed by Gov. Jeb Bush on Tuesday will help expedite the cleanup process by allowing counties and cities to make the distinction themselves so they don't have to wait for state help. The law will take effect July 1.

The situation at Isla del Sol is far from being dubbed another Hurricane Hole, the infamous boat graveyard area just south of the Tom Stuart Causeway near the Bay Pines VA Medical Center. But a few derelict boats remain tucked in the corner causing concern for the residents of the yacht and country club and surrounding communities.

But as development continues to swallow up waterfronts, marinas are disappearing, forcing boaters to find alternative places to drop anchor.

"People have to understand that it is okay for people to park their boats here," said Miller, who, with another officer, heads the department's Marine Unit. "If the water is owned by the state of Florida, then the boaters are free to enjoy it."

Miller and his crew have investigated the three sunken boats.

So far, owners of two of the vessels have been identified and the state Fish and Wildlife Conservation Commission is working to identify the third - a sailboat with the mast sticking above the water - that washed into the area with Tropical Storm Alberto.

After the commission identifies the vessels, the primary responsibility for removing them is the owners.'

But abandoned boats are problematic because former owners make efforts to conceal the identifiable markings on the boat, Miller said.

"The problem is we simply don't locate the owner," Miller said.

Casey Cora can be reached at 727 893-8730 or ccora@sptimes.com.

[Last modified June 28, 2006, 08:21:16]