Abandonment of vessels prohibited

46 U.S.C. § 4711
in effect
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(a) In General.—An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States. (b) Determination of Abandonment.—(1) Notification.—(A) In general.—With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—(i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and (ii) notify such owner—(I) of the penalty described in subsection (c); and (II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel. (B) Form.—The Commandant shall provide the notice required under subparagraph (A)—(i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or (ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. (2) Determination.—The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned. (c) Penalty.—(1) In general.—The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a). (2) Liability in rem.—The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). (3) Limitation.—The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator. (d) Vessels Not Abandoned.—The Commandant may not determine that a covered vessel is abandoned under this section if—(1) such vessel is located at a federally approved or State approved mooring area; (2) such vessel is located on private property with the permission of the owner of such property; (3) the owner or operator of such vessel provides a notification to the Commandant that—(A) indicates the location of the vessel; (B) indicates that the vessel is not abandoned; and (C) contains documentation proving that the vessel is allowed to be in such location; or (4) the Commandant determines that such an abandonment determination would not be in the public interest.

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