Well, we just found out about it about 10 days ago. The relavent law is:
Of course, she’s not over 40 years old at this time, but by the time she goes through the process of being surplused and an auction can happen she will be over 40 (she is just 40 now, next year she will be 41 … over 40).
As for the decision being made by the marina not the state law … well, I think the state law is pretty clear about it… and it pretty much doesn’t matter much since the marina is owned by a government entity created specifically to manage the port.
We are also looking at other boats coming up for auction soon – that are even older than this one – but as far as we are aware of, they are seaworthy. If you don’t mind, where is the one you’re looking at, at?