RBOC-Opposed Second Home Mortgage Interest Deduction Elimination Bill Passes Committee

AB 71 [Chiu], legislation opposed by Recreational Boaters of California [RBOC] that would eliminate the state tax deduction for mortgage interest on second homes, has passed the Assembly Commitee on Revenue and Taxation.

RBOC testified in committee that the organization remains opposed to AB 71 unless this provision is removed from the bill. The California Association of Realtors, the Howard Jarvis Taxpayers Association, and others are also advocating in opposition to this provision.

RBOC supports the provisions of AB 71 that propose to increase the amount of tax credits available for low income housing.

However, RBOC is concerned that the provisions of AB 71 that would eliminate the state tax deduction for mortgage interest on second homes would lead a significant number of prospective boat purchasers not to invest in a recreational vessel.

This would have a direct, negative impact on the future purchase of recreational vessels, the multibillion dollar state boating industry including ancillary products and services, as well as the economic health of many communities across the state that rely on revenues generated by boaters.

RBOC also stresses that it is important to note that the amount of the mortgage interest deduction is already capped regardless of whether the taxpayer has one home or two, and that recreational vessels that are second homes may not necessarily be vacation homes but could be used by owners who commute to work during the week.

RBOC Is Supporting Legislation Placing Water Hyacinth Collaboration Into Law

RBOC is supporting SB 704 [Galgiani, D-Stockton], legislation that would place into law the collaboration between the Division of Boating and Waterways [DBW] and the Conservation Corps, and the use of members of the Conservation Corps in implementing its water hyacinth control programs.

RBOC concurs with Senator Galgiani that the health of the Sacramento-San Joaquin Delta is threatened by water hyacinth which obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages natural ecosystems by crowding out native plants and wildlife.

DBW is the appropriate and engaged lead agency for eradicating and controlling invasive aquatic plants, and has entered into agreements with the Conservation Corps to perform work in the Delta to help control water hyacinth.

RBOC Supporting Legislation Expanding Use of Blue Lights on Public Safety Vessels

RBOC is supporting AB 78 [Cooper, D-Elk Grove] that would expand the allowed use of a distinctive blue light on public safety vessels to include vessels owned by fire departments or fire protection districts whenever the vessel may be engaged in law enforcement activities.

RBOC believes this measure would improve department vessels response time and fire department personnel safety when they are stationary and engaged in a variety of public safety activities.

Existing law does not allow local or state fire agencies to equip their vessels with emergency blue lights, even though, as first responders, fire departments are required to respond to emergencies such as search and rescue and medical calls for service. AB 78 would remedy this situation.

California Boaters Can Now Take Free Boating Safety Course at Home

BoatUS Foundation online boating safety course approved by

California State Parks Division of Boating and Waterways

SACRAMENTO, Calif., April 12, 2017 – A new law says California boaters will need to go to school, and the BoatUS Foundation for Boating Safety has the right course to fit their schedule and budget.

Starting January 1, 2018, Golden State boaters ages 20 or younger who operate a motorized vessel on state waterways will need to have a boater safety card showing successful completion of a boater safety education course. Each year thereafter on January 1, more age groups will be added to the requirement so that by 2025 all California boaters will need to carry a boater card issued by California State Parks Division of Boating and Waterways (DBW).

The easiest and most affordable way to meet the requirement is to take the BoatUS Foundation’s free online Boating Safety Course – now approved by DBW – which allows boaters to take the course in the comfort of their own home. Once successfully completed, the course does not expire so boaters of all ages don’t need to delay and can complete their boating safety education now.

“We’ve loaded the course with interactive animations, videos and photos to give boaters an education that goes well beyond the basics of boating,” said BoatUS Foundation President Chris Edmonston. “The best part of all is that our course is free and can be taken at home. It’s designed so that you can stop and then continue at any time,” added Edmonston.

Upon finishing the course, boaters can print their own certificate of completion, and beginning in 2018, the state will begin to issue official California Boater Education Cards to students who have completed the course between January 1, 2015 and December 31, 2017.

The course and exam is approved by the National Association of State Boating Law Administrators and recognized by the US Coast Guard as exceeding the minimum requirements for the National Recreational Boating Safety Program.

To take the course, go to BoatUS.org. For more information about California boater education, go to californiaboatercard.com.

RBOC Appreciates Senator Hill's Decision to Remove BUI Provision from SB 65

RBOC is extending its appreciation to Senator Jerry Hill [D-San Mateo] for his consideration of the concerns raised by RBOC and his decision to remove from SB 65 provisions that would have extended the boating under the influence [BUI] laws into the Vehicle Code with a prohibition against individuals drinking alcoholic beverages while operating a boat or riding as passengers aboard a boat.

This provision would have been in addition to the significant BUI laws set forth in the Harbors and Navigation Code. The current, extensive provisions of these state laws aim to strike an effective balance that prevents boating under the influence, effectively enforces the extensive state BUI laws, and acknowledges the boating experience.

As set forth on the state Division of Boating and Waterways website, the state BUI laws include:

  • No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs.
  • No person who is addicted to any drug shall operate any vessel, water skis or similar device.
  • No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.
  • A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol.
  • A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content.
  • A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail.
  • No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.
  • Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.

In addition to supporting these laws, boaters are doing our part financially. Several million dollars are provided to local boating enforcement each year in the form of boater-derived state fuel tax dollars and registration fees.

As amended on March 28, SB 65 focuses on an important issue: the use of marijuana in motor vehicles. The bill would make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as either an infraction or a misdemeanor. The bill would also authorize a court to order a defendant to attend and complete a state-licensed driving-under-the-influence program in addition to those penalties.

RBOC Opposing Legislation Eliminating Second Home Mortgage Interest Deduction

RBOC is opposing AB 71 [Chiu] unless the measure is amended to remove the provision that would eliminate the state tax deduction for mortgage interest on second homes.

RBOC supports the provisions of AB 71 that propose to increase the amount of tax credits available for low income housing.

However, RBOC is concerned that the provisions of AB 71 that would eliminate the state tax deduction for mortgage interest on second homes would lead a significant number of prospective boat purchasers not to invest in a recreational vessel.

This would have a direct, negative impact on the future purchase of recreational vessels, the multibillion dollar state boating industry including ancillary products and services, as well as the economic health of many communities across the state that rely on revenues generated by boaters.

It is also important to note that the amount of the mortgage interest deduction is already capped regardless of whether the taxpayer has one home or two, and that recreational vessels that are second homes may not necessarily be vacation homes but could be used by owners who commute to work during the week.

Governor Brown Re-appoints Two to Boating and Waterways Commission

Governor Jerry Brown has re-appointed David Livingston and Virginia Madueno to the Boating and Waterways Commission.

From the Governor's press release:

David Livingston, 52, of Danville, has been reappointed to the California Boating and Waterways Commission, where he has serviced since 2012. Livingston has been sheriff-coroner for Contra Costa County since 2011. He served as chief of police for the City of Concord from 2005 to 2011, City of Pleasant Hill from 2002 to 2005 and for the City of Fremont from 1987 to 2002. Livingston earned a Juris Doctor degree from the University of San Francisco School of Law. This position requires Senate confirmation and the compensation is $100 per diem. Livingston is registered without party preference.

Virginia Madueno, 51, of Riverbank, has been reappointed to the California Boating and Waterways Commission, where she has served since 2013. Madueno has been president at Imagen LLC since 2001. She was a member of the Riverbank City Council from 2005 to 2012, serving as mayor from 2009 to 2012. She was a community organizer at Clean Water Action from 2009 to 2011, a marketing manager officer at the Stanislaus County Department for Employment and Training from 1990 to 1997 and was a public information officer at the Stanislaus Chief Executive Office and Stanislaus County Office of Emergency Services from 1997 to 2001. This position requires Senate confirmation and the compensation is $100 per diem. Madueno is a Democrat.
 

GOVERNOR SIGNS RBOC-SUPPORTED BUI CLARITY MEASURE INTO LAW

California Governor Jerry Brown today signed into law AB 1829 [Levine], legislation supported by RBOC and sponsored by the California State Sheriffs' Association that clarifies current state law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 clarifies existing law and removes obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure amends Harbors and Navigation Code Section 655.1. The revision clarifies that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision replaces the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

The provisions of the measure will take effect on January 1, 2017.

Legislature Sends BUI Clarity Measure to Governor

The Senate today approved and sent to the Governor AB 1829 [Levine], legislation supported by RBOC that would clarify current law pertaining to boating under the influence [BUI].

RBOC supports the provisions of AB 1829 that would update the boating under the influence [BUI] law as part of a continued effort to increase safety on our state’s waterways.

Addressing BUI remains important.  According to the 2013 report of the state Division of Boating and Waterways, 32% of all boating fatalities in the state involved alcohol during the period 2009 to 2013.

AB 1829 would clarify existing law and would remove obsolete language regarding the arrest of a person suspected of operating a vessel under the influence of alcohol and/or drugs.

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.

  • He or she has a right to refuse chemical testing.

  • An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample.

  • He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen.

This advisement provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.

RBOC Supporting Measure to Clarify BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify current law pertaining to boating under the influence [BUI] as the measure is considered in the Senate Committee on Public Safety.

RBOC supports the provisions of AB 1829 that would conform the advisement provisions of the Penal Code related to BUI, to existing provisions in the Harbors and Navigation Code. 

The measure would amend Harbors and Navigation Code Section 655.1. The revision would clarify that an officer who arrests a person on suspicion of operating a vessel or watercraft while under the influence shall inform the person that:

  • He or she may be charged with a crime,
  • He or she has the right to refuse chemical testing, and
  • The officer has the authority to seek a search warrant to compel a blood draw if the person refuses to submit to, or fails to complete, a blood test.

This provision would replace the obsolete provision in the current law. That provision requires an officer to inform a person arrested for a BUI that his or her refusal to submit to, or failure to complete, the required chemical testing may be used against the person in a court of law and that the court may impose increased penalties for that refusal or failure, upon conviction. Neither of those statements is accurate.

AB 1829 has already passed the Assembly. The measure is sponsored by the California State Sheriffs' Association.
 

 

Bill Pirating Recreational Boater Funds for Commmercial Vessel Cleanup Held in Committee

The Assembly Appropriations Committee has "held under submission" the RBOC-opposed AB 2092 [Frazier] that would authorize the use of boater-generated state taxes and fees for the cleanup of commercial vessels.

With this action, AB 2092 did not proceed through the Appropriations Committee prior to the deadline for bills to proceed to the Assembly Floor [Assembly Third Reading].

Many thanks to the many boaters statewide who took action to contact their elected representatives and express concerns with this important measure. Your actions make a difference.

Save Boater Fundsfrom Being Pirated for Commercial Vessel Cleanup - Contact Assembly Appropriations Committee Members Prior to May 27

RBOC is continuing to encourage California Boaters to contact their elected representatives on the Assembly Appropriations Committee and to urge a “no” vote on AB 2092 [Frazier] in Committee unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

Please take action today. The committe's decision on the bill will occur prior to a May 27 deadline.

To take action: click here

Take Action Today to Protect Recreational Boater Funds from Being Pirated for Commercial Vessel Cleanup [4/21]

California Boaters are encouraged to contact their elected representatives on the Assembly Appropriations Committee and to urge a “no” vote on AB 2092 [Frazier] in Committee unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

Please take action today. The bill could be heard next week, and must pass through committee prior to a May 27 deadline.

To take action: click here

Key issues:

AB 2092 [Frazier] would target recreational boater funds for the cleanup of abandoned commercial vessels. 

Commercial vessels are much more expensive to clean-up and the cost of one vessel could exceed the entire amount of available funds.

The owners of commercial vessels do not contribute to our fund – only recreational vessel owners do.

The demand for clean-up of recreational vessels already exceeds the amount of available funds. These vessels should remain the top priority at this time.

There is no condition in the bill restricting the cleanup of abandoned commercial vessels to those that pose a danger to recreational boaters.

Bill Pirating Boater Funds for Commercial Vessel Clean-up Passes First Committee

Legislation authorizing recreational boater funds to be utilized for the cleanup of commercial vessels passed the first legislative policy committee, the Assembly Transportation Committee, following todays' hearing.

RBOC testified in opposition to the measure, AB 2092 [Frazier], unless is it amended so that recreational boaters' funds will not be used to rid the waterways of abandoned commercial vessels.

In addition, hundreds of individual boaters contacted their elected representatives on the committee.

The announced vote of the 16-member committee is 10 "ayes" to 3 "nayes." Nine votes were necessary for passage.

The measure next proceeds to the Assembly Appropriations Committee for consideration.

RBOC will be enabling boaters to contact their representatives on the committee in advance of the committee hearing, and will be advocating RBOC's position in the State Capitol.

RBOC Working to Protect Boater Funds from being Tagged for Commercial Vessel Cleanup

RBOC is working to protect boater fuel tax dollars and registration fees from a proposal to target these funds for the cleanup of abandoned commercial vessels.

RBOC is opposing AB 2092 [Frazier] unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

RBOC is greatly concerned that, as currently written, AB 2092 would open up the use of boater fuel tax dollars and registration fees for commercial vessels. The key issues:

  • Commercial vessels are much more expensive to clean-up and the cost of one vessel could exceed the entire fund.
  • The owners of commercial vessels do not contribute to the fund –only recreational vessel owners do.
  • The demand for clean-up of recreational vessels already exceeds the amount of available funds. These vessels should remain the topaat this time.
  • There have been no comprehensive studies of:
  • The extent to which abandoned commercial vessels represent danger on the waterways;
    • Whether the owners of abandoned commercial vessels can be identified and assessed cleanup costs; and
    • Whether there are other alternatives to tapping into the recreational boater-funded program, such as state recycle and superfund dollars.

AB 2092 proposes to open up the use of boater-generated fuel tax dollars and registration fees for the cleanup of abandoned commercial vessels. At issue is the integrity of the boater supported and financed Abandoned Watercraft Abatement Fund [AWAF] and Vessel Turn-in Program [VTIP]. RBOC has been – and continues to be - a strong supporter of both of these essential programs.

The AWAF and VTIP provide funds to public agencies to remove, store, and dispose of abandoned, wrecked, or dismantled recreational vessels which pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner's consent.

As part of its commitment to provide clean, safe and enjoyable recreational boating on California's waterways, the Division of Boating and Waterways [DBW] administers this statewide program. It allows public local agencies to apply for funding and upon approval, enter into a contract grant agreement with DBW.

The AWAF and VTIP, enacted in 1998 and 2010 respectively, have provided millions of dollars in grants, and have enabled the removal of thousands of vessels and other marine debris.

The Governor has proposed a budget of $1.75 million for the program in next year’s budget, and we understand that the monetary requests of grant applicants greatly exceed the available funds.

As RBOC has discussed with the author and proponents of the measure, rather than focus on recreational boaters’ funds, RBOC would be pleased to work with all interested stakeholders to address the issues raised by the abandonment of commercial vessels in California, and to identify effective, efficient, and balanced efforts that can be taken.

RBOC continues to be engaged in the productive dialogue that occurs within the abandoned vessel working group that focuses on these issues and can provide a beneficial forum for the development of ideas.

Other state and local agencies that have financial resources and expertise should also be approached. CalRecycle, for instance, completed a department-managed Pilot Project a few years ago with the stated objective of removing abandoned commercial vessels and debris that poses threats to the Sacramento-San Joaquin Delta.

There is a CalRecycle Solid Waste Cleanup Trust Fund and a State Water Resources Control Board Cleanup and Abatement Account.

RBOC Directors Lobbying in State Capitol on Key Boater Issues

The members of the voluntary, 18-member RBOC Board of Directors are lobbying in the State Capitol today, meeting with their elected representatives and advocating boater interests on key issues of importance to boaters statewide.

Issues they are lobbying include:

Vessel Operator Certification

RBOC is working with the Division of Boating and Waterways as it prepares a new boat operator educational program that requires operators of boats powered by engines pass a state-approved course and obtain a certificate. 

A representative of RBOC is on the Technical Advisory Committee that held its initial meeting in March and is working to advise the Division as it implements the new program.

The requirement will begin to phase in over a seven-year period starting in 2018.

RBOC supported the legislation, SB 941 [Monning-DeSaulnier, Chapter 433, Statutes of 2014].

For a copy of that enacted measure: click here

Abandoned Watercraft Abatement Fund - Commercial Vessels

RBOC isopposing AB 2092 [Frazier] as introduced unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

Boating Under the Influence - AB 1829 [Levine]

RBOC is supporting AB 1829 [Levine] that would clarify the boating under the influence law.

Copper-based Anti-fouling Surfaces

RBOC is working together with the respected national boater advocacy organization BoatUS, requesting that elected officials contact the USEPA and urge its approval of the Biotic Ligand Model [BLM] for the marine environment.

This will allow for accurate measurement of the copper’s effect on particular locations and provide regional water quality control boards [RWQCBs] with information to determine if bans on copper antifouling paints are needed to protect water quality.

Non-Native Aquatic Species

RBOC is supporting the dedicated efforts of the Division of Boating and Waterways to identify and commit the necessary resources to combat non-native aquatic species, and to develop and implement long-term strategies that can be more effective than past efforts.

Barriers to Navigation

RBOC seeks assurances that, as any changes are contemplated to further alter Delta navigable waterways, alternatives are identified and implemented that will best preserve and sustain recreational boat passage at each location.

Renewable Fuel Standard - Federal Legislation

RBOC is working together with the respected national boater advocacy organization BoatUS in support of S. 577, the "Corn Ethanol Mandate Elimination Act of 2015" which is authored by Senators Diane Feinstein and Pat Toomey.

 

RBOC Supporting Bill Clarifying BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify the boating under the influence law.

Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure.

This bill would instead require the arrested individual to be advised that:

  • A criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both;
  • He or she has a right to refuse chemical testing; and
  • The officer has the authority to seek a search warrant compelling him or her to submit a blood sample.

 

RBOC Opposing Bill to Open up Boater Funds to Commercial Vessels

RBOC isopposing AB 2092 [Frazier] as introduced unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

This bill proposes to open up the use of boater-generated fuel tax dollars and registration fees for the cleanup of abandoned commercial vessels. At issue is the integrity of the RBOC-supported Abandoned Watercraft Abatement Fund [AWAF] and Vessel Turn-in Program [VTIP]. 

This program provides funds to public agencies to remove, store, and dispose of abandoned, wrecked, or dismantled vessels or any other partially submerged objects which pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner's consent.

As part of its commitment to provide clean, safe and enjoyable recreational boating on California's waterways, the Division of Boating and Waterways [DBW] administers this statewide program. It allows public local agencies to apply for funding and upon approval, enter into a contract grant agreement with DBW.

The AWAF and VTIP, enacted in 1998 and 2010 respectively, have provided millions of dollars in grants, and have enabled the removal of thousands of vessels and other marine debris.

The Governor has proposed a budget of $1.75 million for the program in next year’s budget, and we understand that the monetary requests of grant applicants greatly exceed the available funds.

RBOC is concerned that AB 2092 would open up AWAF and VTIP to commercial vessels. In particular:

  • Commercial vessels are much more expensive to clean-up and the cost of one vessel could exceed the entire fund.
  • The owners of commercial vessels do not contribute to the fund – only recreational vessel owners do.
  • The demand for clean-up of recreational vessels already exceeds the amount of available funds. These vessels should remain the top priority at this time.
  • There have been no comprehensive studies of:
  • The extent to which abandoned commercial vessels represent danger on the waterways;
  • Whether the owners of abandoned commercial vessels can be identified and assessed cleanup costs; and
  • Whether there are other alternatives to tapping into the recreational boater-funded program, such as state recycle and superfund dollars.

 

Governor Signs Marine Debris Legislation

California Governor Jerry Brown today signed into law the RBOC-supported AB 1323 [Frazier].

The measure will enhance the removal of marine debris from the state's waterways.

The bill provides authority for any state, county, city, or other public agency having jurisdiction over a given location, or having authority to remove marine debris or solid waste, to remove and destroy marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, beach, or on state tidelands or submerged lands, subject to specific conditions:

  1. The marine debris meets the definition provided in the Harbors and Navigation Code and the value of the debris does not exceed the cost of removal and disposal.
  2. If the debris cannot be identified as belonging to an individual, 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.
  3. If the debris can be identified as belonging to an individual, a 10-day notice is attached to the marine debris, 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 first-class mail. 
  4. The marine debris is not removed prior to the ten day notification period.