HARRY HUGHES, Governor

3105

(A)  IN THIS SECTION "ABANDONED VESSEL" MEANS ANY VESSEL:

(1)  THAT IS LEFT UNATTENDED OR HAS REMAINED ILLEGALLY
OR HAS REMAINED WITHOUT PERMISSION FOR MORE THAN 30 DAYS ON
PUBLIC PROPERTY, INCLUDING PUBLIC MARINAS, DOCKS, OR BOATYARDS,
FOR MORE THAN 15 DAYS;

(2)  THAT HAS REMAINED ON PRIVATE PROPERTY, INCLUDING
PRIVATE MARINAS, DOCKS OR BOATYARDS, FOR MORE THAN 15 180 DAYS
WITHOUT THE CONSENT OF THE OWNER OR PERSON IN CONTROL OF THE
PROPERTY; OR

(3)  THAT HAS BEEN FOUND ADRIFT OR UNATTENDED IN OR
UPON THE WATERS OF THE STATE, OR AND IS FOUND IN SUCH DISREPAIR
AS TO CONSTITUTE A HAZARD OR OBSTRUCTION TO THE USE OF THE WATERS
OF THE STATE OR PRESENTS A POTENTIAL HEALTH OR ENVIRONMENTAL
HAZARD.

(B)  THE DEPARTMENT MAY SEIZE, REMOVE, AND TAKE INTO CUSTODY
ANY ABANDONED VESSEL. FOR THIS PURPOSE, THE DEPARTMENT MAY USE
ITS OWN PERSONNEL, EQUIPMENT, AND FACILITIES OR USE OTHER
PERSONS, EQUIPMENT, AND FACILITIES FOR REMOVING, PRESERVING, OR
STORING ABANDONED VESSELS. THE DEPARTMENT MAY NOT BE HELD LIABLE
FOR ANY DAMAGE TO AN ABANDONED VESSEL WHICH MAY OCCUR DURING
REMOVAL, STORAGE, OR CUSTODY OF THE VESSEL.

(C)  AS SOON AS REASONABLY POSSIBLE BUT NOT LATER THAN 15
DAYS AFTER IT TAKES AN ABANDONED VESSEL INTO CUSTODY, THE
DEPARTMENT SHALL SEND A NOTICE, BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL
SERVICE TO THE LAST KNOWN REGISTERED OWNER OF THE VESSEL AND TO
EACH SECURED PARTY, AS SHOWN ON THE RECORDS OF THE DEPARTMENT.

(D)  THE NOTICE SHALL DESCRIBE THE VESSEL, GIVE THE LOCATION
WHERE IT IS BEING HELD, INFORM THE OWNER AND SECURED PARTY OF A
RIGHT TO RECLAIM THE VESSEL WITHIN 3 WEEKS UPON. PAYMENT TO THE
DEPARTMENT OF ANY EXPENSES INCURRED DURING REMOVAL AND CUSTODY OF
THE VESSEL, AND STATE THAT FAILURE TO CLAIM THE VESSEL WILL
CONSTITUTE A WAIVER OF ALL RIGHT, TITLE, AND INTEREST IN THE
VESSEL, AND WILL CONSTITUTE A CONSENT TO THE DEPARTMENT'S
DISPOSITION OF THE VESSEL.

(E)  IF THE DEPARTMENT IS UNABLE TO DETERMINE THE LAST
REGISTERED OWNER OR THE IDENTITY OF ANY SECURED PARTY OF THE
ABANDONED VESSEL, OR IF THE CERTIFIED MAIL NOTICE REQUIRED UNDER
SUBSECTION (C) OF THIS SECTION IS RETURNED AS UNDELIVERABLE, THE
DEPARTMENT SHALL GIVE THE REQUIRED NOTICE BY PUBLICATION IN AT
LEAST 1 NEWSPAPER OF GENERAL CIRCULATION IN THE AREA WHERE THE
ABANDONED VESSEL WAS FOUND. THE NOTICE BY PUBLICATION SHALL
CONTAIN THE INFORMATION REQUIRED UNDER SUBSECTION (D) OF THIS
SECTION AND SHALL BE PUBLISHED WITHIN 30 DAYS OF THE SEIZURE OF
THE ABANDONED VESSEL, OR WITHIN 15 DAYS OF THE RETURN OF THE
CERTIFIED MAIL NOTICE AS UNDELIVERABLE.