Port of Longview

NOTIFICATION OF INTENT TO OBTAIN CUSTODY

In accordance with RCW (Revised Code of Washington) 79.100, the unnamed vessel at the mouth of Coal Creek Slough has been declared derelict, as that term is defined in RCW 79.100.010(5).  The Lower Columbia River Estuary Partnership has asked the Port of Longview to act as the authorized public entity for the vessel removal.  The Estuary Partnership will complete the actual removal of the vessel while the Port of Longview will function as the official authorized public entity.  The authority granted in RCW 79.100, allows the authorized public entity to take custody the vessel and dispose of it in any appropriate and environmentally sound manner without further notice to the owner. 

In order for the owner to retain custody of the vessel, the owner must 1) pay the costs associated with the vessel’s haul-out and storage, 2) provide the Port of Longview with proof of a legal moorage or storage location for the vessel, 3) store the vessel in a location that meets any USCG requirements such as an inspection or tow plan, or 4) remove the vessel from the water.  

To redeem the vessel once the Port of Longview has taken custody, per RCW 53.08.320 (5) the owner must commence a lawsuit to contest the Port of Longview’s decision to take custody of the vessel, or the amount of reimbursement owned, in the superior court of the county in which the vessel was located.  The lawsuit must be commenced within ten days of losing custody or the owner’s right to a hearing is waived and the owner will be liable for any costs owed to the Port of Longview. 

The costs the owner may be liable for include, but are not limited to, costs incurred exercising the authority granted in RCW 79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW 79.100.040, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel.  The Port of Longview reserves the right to take temporary custody of the vessel under 79.100.040 if necessary and to pursue any other remedies available under law.

For more information regarding this action, contact Catherine Corbett with the Lower Columbia River Estuary Partnership at (503) 226-1565 ext. 240 or visit the Port of Longview’s website at www.portoflongview.com.