Committee approves bill to double fines for derelict vessels; prosecutors, counsel discuss proving intent

Representative Domingue told the Senate Committee on Natural Resources HB 726 would increase fines for derelict vessels and align the new fines with recent department rule and procedure updates. The author said the department and local partners spent a year reorganizing how derelict vessels are handled and that new rules are expected to go into effect at the end of the month.

Committee members asked how prosecutors would establish intent for intentional abandonment. Cole Garrett, general counsel for the Department of Wildlife and Fisheries, said evidence such as moving a notified vessel farther into a waterway can establish intent and that district attorneys typically prosecute gross-littering cases. Garrett said circumstantial evidence can be sufficient to prove mens rea in many cases.

Senator Lambert and others questioned whether abandonment cases would be handled administratively or by DAs; the answer was that criminal prosecution by district attorneys is the usual channel for gross-littering charges. Representative Domingue said higher fines are intended to give local authorities better tools to encourage removal and improved cleanup outcomes.

The committee voted to report HB 726 favorably without objection. The bill’s enforcement details and prosecutorial pathway will depend on local decisions by district attorneys and any implementing regulations.