4.5 Enforcement

The amount and type of enforcement needed on any given leased or owned site depends on several factors, such as:

• Abandoned property — Are vessels and fishing gear often abandoned in the area?
• Contaminated sediments — Are there on-going clean up or long-term maintenance activities involving contaminated sediments caused by former lessees, owners, or adjacent landowners and lessees?
• Crime — Does the immediate area have a history of crime, vandalism, or juvenile delinquency?
• Dumping — Is there a history of or likelihood that garbage will be intentionally and frequently dumped at the site?
• Encroachment — Are adjacent uses likely to extend into the boundaries of the site?
• Lands and resources targeted for conservation — Are they sensitive and economically valuable?
• Live-aboarders* — Is the site a protected bay or cove where boaters may set anchor and establish residency (i.e., squat)?
• Pollution and contamination — Are there frequent passing vessels or nearby industrial facilities, outfalls, and watershed runoff that may violate state and federal pollution laws, trespass, otherwise cause damage to the site?
• Public use — Is there potential for user conflicts or resource degradation?
• Structures and equipment — Are there valuable or sensitive structures and equipment left on-site for project purposes?
• Terms of the lease or sales agreement — Are violations by other parties likely?

One or more of these factors may cause lessees and owners of sites to passively observe (by staff, volunteers, on-site attendants, or neighbors) or actively patrol (by police or security guards) areas for violations. Enforcement of violations could be through civil or criminal proceedings.

* Live-aboarders

Of special note are live-aboarders. Live-aboarders are people who live aboard their vessels or houseboats while moored offshore or in marinas. Offshore anchoring normally occurs in protected areas, such as bays and coves. Whether live-aboarding and associated activities (such as sewage disposal overboard) are legal or not depends on the relevant local, state, and federal laws as well as whether permission from lessees and landowners is given.

When live-aboarding or associated activities are illegal, it is especially difficult to enforce for several reasons:

• It can be difficult to prove someone is living aboard a vessel or houseboat;
• The residents are frequently transient with no permanent addresses;
• The residents’ names are normally unknown; and
• The residents can quickly re-locate if necessary.

General problems associated with live-aboarders include localized pollution and resource degradation, unsightly structures, user conflicts, and onboard fires, among others. However, a legal, responsible, and reputable live-aboarder who voluntarily works in collaboration with lessees and landowners may actually help monitor the site and report problems or violations. Lessees and landowners should evaluate the potential for live-aboarders on their site and the pros and cons of actively collaborating with one or more live-aboarders to act as on-site volunteer caretakers.