THE GHOST FLEET OF MALLOWS BAY: A NEW NATIONAL MARINE SANCTUARY?

By Kim Hernandez, Coastal Resources Planner at the Maryland Department of Natural Resources. This article is also published on Marine Science Today as part of a TCS-MST Collaboration initiated earlier this year. 

In the tidal Potomac River, about 30 miles downstream from Washington D.C., lay the remains of the “Ghost Fleet of Mallows Bay” – over 100 wooden steamships built for the U.S. Emergency Fleet as part of the nation’s engagement in World War I. Dozens of other historic maritime resources also rest in the Potomac River, as well as 12,000 year old archaeological artifacts dating back to some of the region’s earliest Native American cultures. The significance of the area was enough to warrant its listing on the National Register of Historic Places in 2015. Now, thanks to abundant community support, it is in the running to become Maryland’s first national marine sanctuary.

One of the World War I shipwrecks visible at low tide in Mallows Bay, Maryland. Photo Credit: Kim Hernandez.
One of the World War I shipwrecks visible at low tide in Mallows Bay, Maryland. Photo Credit: Kim Hernandez.

The National Oceanic and Atmospheric Administration (NOAA), the federal agency with authority to designate an area as a sanctuary, for the first time in two decades has been seeking engagement from the American public to nominate areas with significant community support. As nominations are submitted, NOAA reviews each one in several steps and those that pass the review will be added to an inventory of areas NOAA may consider for potential designation as national marine sanctuaries.

The Mallows Bay-Potomac River National Marine Sanctuary nomination was submitted in September 2014 by the State of Maryland with a broad-base of local government and non-government support. The nomination itself included letters of support from over 60 community organizations and individuals. Sanctuary designation would allow NOAA programs to supplement and complement existing state and local programs that aim to protect, study, interpret, and manage this unique area.

The original nomination cited improved opportunities for public access if the area is designated a sanctuary. Photo Credit: Stephen Badger.
The original nomination cited improved opportunities for public access if the area is designated a sanctuary. Photo Credit: Stephen Badger.

In addition to protecting the fragile remains of the shipwrecks, the nomination also cites opportunities to expand public access, recreation, tourism, research, and education. The area is contiguous to the Captain John Smith Chesapeake National Historic Trail, the Star Spangled Banner National Historic Trail, the Potomac Heritage National Scenic Trail and the Lower Potomac Water Trail, allowing paddlers a unique glimpse into our Nation’s history.  Below the water, the area offers important habitat for popular recreational fisheries, including Striped Bass and White Perch. Above the water, ghostly shipwreck hulls jut out and provide perches for migrating waterfowl and thriving populations of Bald Eagles. The middle Potomac River truly is a historic and ecological treasure.

Four months after the original nomination was submitted, NOAA announced it would add the area to the inventory of nominations that are eligible for designation. It is important to note that the original nomination in September 2014 did not designate anything; it only suggested that NOAA consider designation. The January 2015 announcement meant NOAA would now seriously consider a sanctuary in the Potomac River – a huge step forward for the dozens of community supporters.

The ghostly shipwreck hulls lure recreationalists and historians to this area of the Potomac to get a unique glimpse into the past. Photo Credit: Kim Hernandez.
The ghostly shipwreck hulls lure recreationalists and historians to this area of the Potomac to get a unique glimpse into the past. Photo Credit: Kim Hernandez.

Nationally, the designation process is a separate public process that, by law, is highly public and participatory and often takes several years to complete. Nominated areas go through four main steps with NOAA before it is determined whether they are designated or not: (1) Scoping: NOAA announces its intent to designate a new national marine sanctuary and asks the public for input on potential boundaries, resources that could be protected, issues NOAA should consider and any information that should be included in the resource analysis; (2) Sanctuary Proposal: NOAA prepares draft designation documents including a draft management plan, draft environmental impact statement that analyzes a range of alternatives, proposed regulations and proposed boundaries; (3) Public Review: The public, agency partners, tribes and other stakeholders provide input on the draft documents. NOAA considers all input and determines appropriate changes; and (4) Sanctuary Designation: NOAA makes a final decision and prepares final documents. Before the designation becomes effective, the Governor reviews the documents. Congress also has the opportunity to review the documents.

Many birds, such as the osprey pictured here, have built nests atop the shipwrecks. Bald eagles are also often seen nesting along the shoreline. Photo Credit: K. Thayer.
Many birds, such as the osprey pictured here, have built nests atop the shipwrecks. Bald eagles are also often seen nesting along the shoreline. Photo Credit: K. Thayer.

For Mallow’s Bay, NOAA considered the nomination action until October 2015 when they issued a formal “Notice of Intent” to designate. Along with the Wisconsin – Lake Michigan National Marine Sanctuary, which is going through this same designation process right now, the Potomac River has the potential to be the home of one of the first new national marine sanctuaries designated in nearly 20 years.

In early spring 2016, a federal, state, and local government committee formed to grapple with all of possible management questions a sanctuary designation could spark. Currently, that committee is developing the draft documents required for the sanctuary – including an environmental impact statement and management plan. If all goes as planned, drafts will be available for public comment sometime in late 2016 and designation of this World War I paragon will coincide with the 100-year anniversary of the United States’ entry into the world war, in April 2017.

Sanctuary designation will allow NOAA programs to supplement and complement existing state and local programs that aim to protect, study, interpret, and manage this unique area. Photo Credit: Daryl Byrd.
Sanctuary designation will allow NOAA programs to supplement and complement existing state and local programs that aim to protect, study, interpret, and manage this unique area. Photo Credit: Daryl Byrd.

If designated, the proposed sanctuary would be managed jointly by NOAA, the State of Maryland, and Charles County, Maryland. The original coalition of organizations and individuals at local, state, regional, and national levels that supported the nomination –  including elected officials, businesses, Native Americans, environmental, recreation, conservation, fishing, tourism, museums, historical societies, and education groups – will continue to help mold the vision for the sanctuary and ensure effective protection and management moving forward.

 

 

For more information about the Mallows Bay-Potomac River National Marine Sanctuary nomination, visit: http://dnr.maryland.gov/ccs/Pages/mallowsbay.aspx

For more information about the National Marine Sanctuary Program and nomination process, visit: http://www.nominate.noaa.gov/

Kim Hernandez is a Coastal Resources Planner with the Maryland Department of Natural Resources Chesapeake and Coastal Service. She assists with the coordination of state and regional ocean planning, with the planning and implementation of the Mallows Bay – Potomac River National Marine Sanctuary, and with programs that address coastal hazards and climate resiliency. She also serves as the agency representative on a number of planning bodies and stakeholder groups throughout the Mid-Atlantic region.

Editor’s Note: TCS members working on a national marine sanctuary nomination are invited to contribute a story on your proposed site and current efforts moving through the nomination process. Story ideas or full submissions can be sent to the TCS Communications Chair at kaseyrjacobs (at) gmail (dot) com.

OREGON TAKES ON EXPENSIVE AND HAZARDOUS COASTAL ISSUE: ABANDONED AND DERELICT VESSELS

By: Meg Gardner, Environmental Programs Coordinator for the Oregon State Marine Board (TCS Communications Subcommittee Member).

When most people think of marine debris, they think old fishing gear, plastic bags, or cigarette butts. But another category of debris exists that challenges coastal managers throughout the U.S. – abandoned and derelict vessels (ADV’s). This term covers anything from a 10-foot aluminum dingy left on a public boat ramp all the way up to a 100-foot former commercial fishing vessel with barrels of unknown hazardous materials onboard and anchored out on a river. Typically, an abandoned vessel is defined as one that has been left without authorization on public or private lands, and a derelict vessel is one that is sinking, sunk, leaking pollution, or a threat to public health and safety.

This vessel fell apart soon after being removed, evidence of its poor conditions. The vessel in the feature image of this article had to be contained due to leaking oil and then removed. Photo Credit: Oregon State Marine Board
This vessel fell apart soon after being removed, evidence of its poor conditions. The vessel in the feature image of this article had to be contained due to leaking oil and then removed. Photo Credit: Oregon State Marine Board

Vessels become abandoned and/or derelict for many reasons, which can vary from state to state; however, most states still share many similar challenges when it comes to preventing and removing these vessels. For example, keeping track of ownership of a vessel as it changes hands between people can be difficult, especially if new owners do not know the registration or titling requirements of their home state. Most people do not think about the end of their vessel’s useful life when they first buy a boat. As a vessel ages and does not receive the maintenance it needs, it can become a liability. New owners with “boat dreams” may buy a secondhand vessel and do not fully realize the amount of money or skill required to make a vessel run well again. These situations can lead to more boat ownership transfers and eventually abandonment.

Some abandoned or derelict boats are located in challenging locations. Oregon State Marine Board removed this boat by dismantling it in place through an inmate work crew. Photo Credit: Oregon State Marine Board
Some abandoned or derelict boats are located in challenging locations. Oregon State Marine Board removed this boat by dismantling it in place through an inmate work crew. Photo Credit: Oregon State Marine Board

Abandoned and derelict vessels are a concern for many reasons. They can impact the environment through petroleum spills, leaks of hazardous materials or sewage, and they can break apart and become debris fields. These vessels can also impact navigation and safety if they are drifting freely or lurking just under the water out-of-sight. They might be beached near shore where they prevent water users from accessing certain areas. Likewise, these vessels can become a site of illegal activity such as dumping or drug use, especially if they are in remote or rural areas.

In Oregon, once a vessel has been identified as abandoned or derelict, an enforcement agency (such as a law enforcement body or public agency) can start the seizure process, which can lead to removal, storage, and disposal of the vessel. The last known registered owner remains responsible for an abandoned or derelict vessel and liable for any costs incurred by the enforcement agency for removal. However, if the State does not have enough funding to front the costs of removal and disposal, a boat may remain where it is for years, especially because most owners do not have the resources to pay for a boat’s removal or are unknown because its ownership is difficult to trace.

A vessel is removed in Oregon State waters. Photo Credit: Oregon State Marine Board
A vessel is removed in Oregon State waters. Photo Credit: Oregon State Marine Board

Depending on the size, hull material, location, or debris onboard a vessel, removal can be a challenging and expensive process. Large vessels, commercial vessels, vessels with steel or concrete hulls, or sunken vessels are examples that can cost a significant amount of money to remove and dispose. The average cost of an abandoned recreational boat (under 30ft) is about $3,500 in Oregon, while some vessels that the State has yet to remove are estimated to cost several thousand or hundreds of thousands of dollars. In some cases, there are known derelict vessels that may cost several million dollars to remove, which far exceeds the current budget allocated to these removals and would take a special allocation of funds from the state or federal legislature.

Obviously, not having a funding stream proportionate to the problem is a common challenge for most states. Having appropriate legislation or an established ADV program are also important in being able to combat the issue of abandoned and derelict vessels. Oregon’s ADV legislation and program were established in 2004. An update in 2013, streamlined the process of vessel seizure and clarified definitions. However, some of our regional partners do not have established programs, such as Alaska or British Columbia, which can greatly hinder the government’s ability to respond to ADV issues.

Prevention is another key issue in addressing ADV’s, which can come in many forms. One tactic that has shown promise in many states, including in Oregon, is a Vessel Turn-in Program. This is a program in which owners with older vessels they do not want anymore, or marinas who have ended up with abandoned vessels can turn their vessels over to the state (or other public body) and have the boat disposed of at no cost to them. The details of this type of program vary by state but the concept is the same across the board – prevent vessels that are older or in poor condition from entering the water and becoming abandoned or derelict down the road. These programs help to reduce the cost of removing ADV’s and have shown there is great demand for an inexpensive boat disposal option. While this program shows great promise in Oregon, lack of funding to support the demand remains a limitation.

A vessel in the process of getting dismantled. It was turned over through the Vessel Turn-in Program, a prevention program in Oregon where boat owners and marinas can turn over an older boat to be disposed of properly so it will not become an abandoned or derelict vessel. Photo Credit: Oregon State Marine Board
A vessel in the process of getting dismantled. It was turned over through the Vessel Turn-in Program, a prevention program in Oregon where boat owners and marinas can turn over an older boat to be disposed of properly so it will not become an abandoned or derelict vessel. Photo Credit: Oregon State Marine Board

A new effort happening in Oregon now is a Task Force focused on prevention and removal funding ideas specific to abandoned and derelict commercial vessels on the coast. Commercial vessels can be much more challenging and expensive to remove than recreational vessels because of their size, associated equipment, and potential for hazardous waste and pollution. While the Oregon State Marine Board removes both categories of vessels, removal funding comes solely from recreational boater registration and titling fees and is insufficient to adequately deal with commercial vessels. This group of stakeholders is meeting now to try to think through ways to prevent abandoned and derelict commercial vessels and potentially fund their removals through additional means than what currently exists.

For more information about ADV programs around the country from NOAA’s Marine Debris Program, visit: https://marinedebris.noaa.gov/discover-issue/types-and-sources/abandoned-and-derelict-vessels.

For more information about Oregon’s ADV program, visit: http://www.oregon.gov/OSMB/boater-info/Pages/Abandoned-Derelict-Boats.aspx.

 

Meg Gardner manages the abandoned and derelict vessel removal program, clean marina and clean boater programs, and the foam encapsulation certification program for the Oregon State Marine Board, a recreational boating agency. She also serves as the agency representative on a number of groups for marine debris planning and removal, small oil spill prevention, and derelict vessel management. She has been at the Marine Board since May 2015.

Editors’ Note: This is a ubiquitous issue in all coastal states. One resource to learn how other coastal states are managing ADV’s is the symposium proceedings from the National Working Waterfronts and Waterways Symposium in 2015. They had a session devoted to how different states are handing this issue showing there is a variety of approaches. See presentations from Washington State and Florida