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<section article="gnr" article_name="Natural Resources" number="8-721" title_number="8" title_name="Waters" subtitle_number="7" subtitle_name="State Boat Act">
  <level label="a">
    <text>In this section, “abandoned or sunken vessel” means any vessel that:</text>
    <level label="1">
      <text>Is left illegally or has remained without permission for more than 30 days on public property, including public marinas, docks, or boatyards;</text>
    </level>
    <level label="2">
      <text>Has remained at the following locations for more than 60 days without the consent of the owner or person in control of the property:</text>
      <level label="i">
        <text>A private marina or property operated by a private marina; or</text>
      </level>
      <level label="ii">
        <text>A private boatyard or property operated by a private boatyard;</text>
      </level>
    </level>
    <level label="3">
      <text>Has remained at the following locations for more than 30 days without the consent of the owner or person in control of the property:</text>
      <level label="i">
        <text>A private dock; or</text>
      </level>
      <level label="ii">
        <text>At or near waters’ edge on private property;</text>
      </level>
    </level>
    <level label="4">
      <text>Has remained on private property other than the private property described in items (2) and (3) of this subsection for more than 180 days without the consent of the owner or person in control of the property; or</text>
    </level>
    <level label="5">
      <level label="i">
        <text>Has been found adrift or unattended in or upon the waters of the State and:</text>
        <level label="1">
          <text>Is found in a condition of disrepair;</text>
        </level>
        <level label="2">
          <text>Presents a hazard or obstruction to the use of the waters of the State; or</text>
        </level>
        <level label="3">
          <text>Presents a potential health or environmental hazard; and</text>
        </level>
      </level>
      <level label="ii">
        <text>Is not:</text>
        <level label="1">
          <text>Historic property as defined in § 5A–301 of the State Finance and Procurement Article; or</text>
        </level>
        <level label="2">
          <text>Submerged archaeological historic property as defined in § 5A–333 of the State Finance and Procurement Article.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Department may seize, remove, and take into custody any abandoned or sunken vessel.</text>
    </level>
    <level label="2">
      <text>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 or sunken vessels.</text>
    </level>
    <level label="3">
      <text>The Department, or a person removing, preserving, or storing an abandoned or sunken vessel on behalf of the Department, may not be held liable for any damage to an abandoned or sunken vessel which may occur during removal, storage, or custody of the vessel.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in subsection (g)(2) of this section, not later than 15 days before an abandoned or sunken vessel is seized, removed, or taken into custody under subsection (b) of this section, the Department shall:</text>
      <level label="i">
        <text>Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel, as shown on the records of the Department; and</text>
      </level>
      <level label="ii">
        <text>Attempt, by telephone or e–mail, to contact:</text>
        <level label="1">
          <text>The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and</text>
        </level>
        <level label="2">
          <text>If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, as soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody, the Department shall:</text>
        <level label="1">
          <text>Send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the registered owner of the vessel and to each known secured party, as shown on the records of the Department; and</text>
        </level>
        <level label="2">
          <text>Attempt, by telephone or e–mail, to contact:</text>
        </level>
        <level label="A">
          <text>The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and</text>
        </level>
        <level label="B">
          <text>If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.</text>
        </level>
      </level>
      <level label="ii">
        <text>As soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody in accordance with subsection (g)(2) of this section, the Department shall:</text>
        <level label="1">
          <text>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 known secured party, as shown on the records of the Department; and</text>
        </level>
        <level label="2">
          <text>Attempt, by telephone or e–mail, to contact:</text>
        </level>
        <level label="A">
          <text>The registered owner of the vessel at the telephone number or e–mail address shown on the records of the Department; and</text>
        </level>
        <level label="B">
          <text>If the application for a certificate of number under § 8–712(b) of this subtitle includes an alternate emergency contact, the alternate emergency contact.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The notices required by subsection (c) of this section shall:</text>
    <level label="1">
      <text>Describe the vessel;</text>
    </level>
    <level label="2">
      <text>If the vessel was taken into custody in accordance with subsection (g)(2) of this section, describe the actual or potential hazard mitigated by removal of the vessel;</text>
    </level>
    <level label="3">
      <text>Give the location where the vessel is being held;</text>
    </level>
    <level label="4">
      <text>Inform the owner and secured party of a right to reclaim the vessel within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon payment to the Department of any expenses incurred during removal and custody of the vessel; and</text>
    </level>
    <level label="5">
      <text>State that failure to claim the vessel will constitute:</text>
      <level label="i">
        <text>A waiver of all right, title, and interest in the vessel; and</text>
      </level>
      <level label="ii">
        <text>A consent to the Department’s disposition of the vessel.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If the Department is unable to determine the last registered owner or the identity of any secured party of the abandoned or sunken vessel, or if the certified mail notice required under subsection (c) of this section is returned as undeliverable and telephone calls and e–mails are unanswered, unreturned, or undeliverable, the Department shall give the required notice:</text>
      <level label="i">
        <text>By publication in at least 1 newspaper of general circulation in the area where the abandoned or sunken vessel was found;</text>
      </level>
      <level label="ii">
        <text>Through digital media, including posting on the Department’s website and social media platforms; or</text>
      </level>
      <level label="iii">
        <text>By attaching to the vessel in a clearly visible place a distinctively colored notification sticker or tag that contains the following information:</text>
        <level label="1">
          <text>The date and time the notification was affixed to the vessel;</text>
        </level>
        <level label="2">
          <text>A statement that, in accordance with this section, if the vessel is not removed within 60 days after the date the notification sticker or tag was affixed, the vessel may be seized, removed, taken into custody and sold at public auction, acquired by title under § 8–722 of this subtitle, or otherwise disposed of; and</text>
        </level>
        <level label="3">
          <text>The location and telephone number where additional information may be obtained.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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 or sunken vessel, or within 15 days of:</text>
      <level label="i">
        <text>The return of the certified mail notice as undeliverable; and</text>
      </level>
      <level label="ii">
        <text>The attempt, by telephone or e–mail, to contact the registered owner.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>If the owner or secured party fails to claim the abandoned or sunken vessel within 3 weeks after the notice required under subsection (c) of this section or after the notice by publication is given or within 60 days after the notice authorized under subsection (e)(1)(iii) of this section, the Department may sell the vessel at public auction, proceed to receive title to the vessel pursuant to § 8–722 of this subtitle, or otherwise dispose of the vessel.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>If the abandoned or sunken vessel is in such a condition of disrepair that the Department cannot remove the vessel intact, the Department may dispose of the vessel in whatever manner is reasonable without providing the notice required under subsections (c) through (e) of this section.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>If the Department determines that an abandoned or sunken vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, or a potential environmental hazard, the Department shall take the vessel into custody without providing the notice required under subsection (c)(1) of this section.</text>
      </level>
      <level label="ii">
        <text>The Department shall keep a written record of a determination made under this paragraph, including the actual or potential hazards mitigated by removal of the vessel.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>The Department may delegate the Department’s authority to remove and dispose of abandoned or sunken vessels under this section to any local jurisdiction that consents to the delegation.</text>
  </level>
  <level label="i">
    <text>The Department, in consultation with the Director of the Maryland Historical Trust, may adopt regulations to implement this section.</text>
  </level>
  <level label="j">
    <text>The Department may not use funds budgeted for the Natural Resources Police for the purpose of removing or storing abandoned or sunken vessels under this section.</text>
  </level>
</section>
