Article 3. Marine Debris of California Harbors And Navigation Code >> Division 3. >> Chapter 3. >> Article 3.
For purposes of this article, the following terms have the
(a) A "vessel" includes every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation by water.
(b) "Marine debris" is a vessel or part of a vessel, including a
derelict, wreck, hulk, or part of any ship or other watercraft or
dilapidated vessel, that is unseaworthy and not reasonably fit or
capable of being made fit to be used as a means of transportation by
(a) (1) Notwithstanding any other law, marine debris that is
floating, sunk, partially sunk, or beached in or on a public
waterway, public beach, or on state tidelands or submerged lands may
be removed and destroyed, or otherwise disposed of, by any state,
county, city, or other public agency having jurisdiction over its
location or having authority to remove marine debris or solid waste,
subject to the following conditions:
(A) The object meets the definition of marine debris in
subdivision (b) of Section 550 and has no value or a value that does
not exceed the cost of removal and disposal.
(B) If there is no discernible registration, hull identification
number, or other identification insignia, a peace officer or
authorized public employee securely attaches to the marine debris a
notice stating that the marine debris shall be removed by the public
agency if not claimed or removed within 10 days.
(C) If there is discernible registration, hull identification
number, or other identification insignia, a notice is attached to the
marine debris as described in subparagraph (B), and sent to the
owner of the marine debris, if known, at the owner's address of
record with the Department of Motor Vehicles, by certified or
(D) The marine debris remains in place for 10 days from the date
of attaching the notice to the marine debris or from the date the
notice letter was sent, whichever is later, before being removed.
(2) (A) The notice attached to the marine debris shall state the
name, address, and telephone number of the public agency providing
(B) A notice sent to the owner shall contain the information
specified in subparagraph (A), and further state that the marine
debris will be removed and disposed of within 10 days if not claimed,
and that the marine debris may be claimed and recovered upon the
payment of the public agency's costs.
(b) Notwithstanding subdivision (a), marine debris that
constitutes a public nuisance or a danger to navigation, health,
safety, or the environment may be removed and disposed of
immediately, unless the marine debris is whole or not demolished
during removal, in which case it shall be maintained or stored for 10
days to permit notification of the owner. If the owner of the marine
debris is not identifiable, the marine debris may be immediately
destroyed or otherwise disposed of.
(c) Costs incurred by a public agency for removal and disposal of
marine debris may be recovered from an owner or any person or entity
who placed the marine debris in or on or caused the marine debris to
be in or on the public waterway, public beach, or state tidelands or
submerged lands through any appropriate legal action in the courts of
this state or by administrative action.
On or before January 1, 2017, the State Lands Commission shall
adopt, at a public meeting and after consultation with interested
state and local agencies, best management practices for salvage of
marine debris. These best management practices shall be published by
the State Lands Commission on its Internet Web site. The State Lands
Commission may amend the best management practices from time to time
by the same process, as the State Lands Commission deems necessary.