Derelict Vessel, Tychee, Finally Removed From Marco’s Factory Bay

Earlier in the week on August 23, 2021, the derelict vessel, Tychee, was removed from Factory Bay on Marco Island. It had been an eyesore and a navigational hazard for over a year.

On Thursday, August 26, 2021, a derelict vessel (DV) was removed from Haldeman Creek in Naples Bay, making this the second DV removal in Collier this week.

According to FWC, Collier County had applied for a grant to remove three derelict vessels in nearby waters. One was Sailing Vessel (SV) Tychee, (Marco Island) Haldeman Creek (Naples Bay) and the third on the Gulf side off Keewaydin Island.  

The removal of DV Tychee was a partnership with Collier County Coastal Zone Management, Florida Fish and Wildlife Conservation Commission (FWC), Collier County Sheriff’s Office, Collier County Emergency Medical Services and City of Marco Island Marine Unit.

The total cost of the removal of three derelict vessels from Collier County waters, as approved by Board of Collier County Commissioners on June 22, 2021, was $37,400.

In 2020/2021, FWC announced a Derelict Vessel Grant Program. The Florida Fish and Wildlife Conservation Commission pursuant to sections 206.606 and 376.15, F.S., has established a program to provide grants to local governments for reimbursement for the removal of derelict vessels from the public waters of the state. The program is funded by an appropriation from the Florida Legislature.

What is a derelict vessel? 

By definition in Statute 327.02 and according to FS 823.11: A Derelict Vessel is a vessel that is left, stored, OR abandoned in a wrecked, junked, OR “substantially dismantled” condition on waters of the state.

Substantially dismantled is interpreted as any of the TWO following ways: 

Missing or inoperable steerage. 

Missing or inoperable propulsion. 

Compromised structural (hull) integrity. 

Once a vessel has been determined "derelict" by local law enforcement, they attempt to locate the vessels owner. If found, officers begin working the case through the court system. If an owner is not found the officers proceed with the removal process.  

A Derelict Vessel is a first-degree misdemeanor criminal law violation discovered through an investigation resulting in a physical arrest or an arrest by notice to appear when located by law enforcement. It can result in a $1,000 fine and up to one year in jail. According to FWC Officer Plussa, courts do not impose incarceration for these and other non-public safety crimes, but it is an option left to the court’s discretion. Marco Marine Officer, Bob Marvin, credits the cooperation provided by Officer Plussa. “Kyle’s assistance is invaluable. We are now focusing on a vessel which ran aground while being towed at the north end of Tigertail Beach. We hope within the next six months we can remove that boat.”

Derelict vessels are a major problem as they pollute the waters with chemical discharges from fuel, oil, paint, battery acid and other hazardous materials left onboard; damage the marine environment; are an eyesore to the community; threaten boater safety and are costly to taxpayers for their removal and disposal.

In 2010, FWC started a Florida At-Risk Vessel Program. The purpose of this state program is to reduce the number of abandoned/derelict vessels that can cause both environmental and navigational hazards in Florida's waterways.

What are At-Risk Vessels?

A vessel may be determined to be “at risk” of being derelict if any of the following conditions exist: 

Vessel is taking on or has taken on water without an effective means to dewater. 

Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time. 

The vessel has broken loose or is in danger of breaking loose from its anchor. 

The vessel is left or stored aground unattended in such a state that would prevent the vessel from getting underway; is listing due to water intrusion; or is sunk or partially sunk. 

The vessel does not have an effective means of propulsion for safe navigation after being noticed by law enforcement. 

At-Risk Vessels is a non-criminal law infraction violation that results in citations with compounding penalties of $73, $123, and $273 fines in Collier County with the statutory fines and court costs.

The derelict vessel off Sand Dollar Island will be the first priority under the second round of grant funded removal and is currently out for contractor’s bid.