58 Pa. Code § 93.17 - Registration of abandoned boats

(a) Policy. Before registering a boat, the Commission must be satisfied that the applicant for registration has sufficient ownership interest in the boat to qualify for registration. Requests to register boats found abandoned on private property and Commonwealth waters present particular problems. It is the policy of the Commission to register these boats only if the applicant demonstrates ownership by taking the steps described in this section and complies with other applicable law and regulations.

(b) Boats abandoned on private property. Subject to the following, a landowner, his lessee or his agent may register a boat that has been abandoned on his land or the waters immediately adjacent to his land for at least 3 months.

(1) A person desiring to register an abandoned boat in his name shall provide written notice to the Commission of his intent to register the boat. The notice shall, at a minimum, set forth the date and place the boat was found, a description of the boat, including the make, model and year, and, if known, the hull identification number, registration number, temporary decal number and other identifying data. The person desiring to register an abandoned boat may provide written notice to the Commission by completing Form PFBC-R2, "Notice of Intent to Register Boat Abandoned on Private Property" and mailing the form to the Commission.

(2) If a boat abandoned on a person's land or waters has a hull identification number, registration number, temporary decal number or other identifying indicia, the Commission will notify the last registrant of the boat that the boat has been abandoned and that the requester desires to register the boat in his name.

(3) Upon receipt of the written request, the Commission will notify the last registrant by certified mail that someone desires to register the boat in his name and if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, register the boat in the name of the person desiring to register it.

(i) The notice shall:

(A) Describe the make, model, hull identification number and registration number of the boat.

(B) State the location where the boat is being held.

(C) Inform the registrant of his right to reclaim the boat within 30 days after the date of the notice upon payment of all registration fees and other applicable charges.

(D) State that failure of the registrant to reclaim the boat is deemed consent to the registration of the abandoned boat in the name of the requester with dissolution of all interests of the prior registrant.

(ii) If the last known registrant does not respond, the Commission may notify the requester to proceed under paragraph (4). The Commission is not required to send a letter if it cannot identify the boat's last registrant or ascertain an address. If the abandoned boat has a registration number, temporary decal number or other identifying indicia, evidencing that the boat is registered in another state, the Commission will notify the other state and ask it to notify the boat's last registrant by certified mail that someone desires to register the boat in his name. The other state's notice shall provide that if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, register the boat in the name of the person desiring to register it. The other state is not required to send a letter if it cannot identify the boat's last registrant or ascertain an address. When the other state notifies the registrant, if known, as provided in this section and advises the Commission that the transfer of registration to the requester is unobjectionable to the other state, the Commission may notify the requester to proceed under paragraph (4).

(4) Regardless of whether the abandoned boat has a hull identification number, registration number, temporary decal number or other identifying indicia, the person desiring to register the boat in his name shall place a notice in a newspaper of general circulation published in the county where the boat is located for 3 consecutive days. The notice shall describe the boat, its location, the date it was abandoned and any identifying number. The person also shall state in the notice that if the boat is not claimed and removed within 30 days after publication in the newspaper, the person will apply for registration of the boat in his name.

(5) After the notices described in paragraphs (3) and (4) have expired, but no earlier than 60 days after the person desiring registration has first notified the Commission, the person may apply to the Commission for registration of the boat in his name.

(i) The application shall be accompanied by the following items:

(A) A statement made under penalty of law that the boat has been abandoned for at least 3 months.

(B) Proof that the applicant provided notices as set forth in this section.

(C) Proof that a notice was published in a newspaper as required by paragraph (4).

(ii) In cases involving boats registered in other states, the Commission may extend the 60-day period described in paragraph (5) to 180 days.

(6) Upon receipt of the required materials and the payment of fees required by law, the Commission will register the boat in the name of the applicant.

(c) Boats abandoned on public property or waters. A person finding a boat abandoned on public property or waters-that is, property or waters under the ownership or control of the Commonwealth, its agencies and political subdivisions-shall notify the Commission of the description and location of the boat as well as the date on which it was found. A person may notify the Commission by completing form PFBC-R3, "Notice of Abandoned Boat Found on Commonwealth Waters" and mailing the form to the Commission. A person finding a boat abandoned on lands or waters under the jurisdiction or control of the United States Government should contact the Federal agency with jurisdiction over the lands and waters and follow applicable Federal regulations.

(1) The Commission may take possession of a boat abandoned on public property or waters or may authorize a salvor to take possession provided the salvor complies with these provisions, is a vehicle salvage dealer as defined in 75 Pa.C.S. § 1337 (relating to use of "Miscellaneous Motor Vehicle Business" registration plates), and holds a current, valid certificate of authorization issued by the Department of Transportation under 75 Pa.C.S. § 7302 (relating to certification of authorization).

(2) Any salvor taking possession of a boat under this section shall notify the Commission in writing within 48 hours after taking possession.

(3) The Commission, after taking possession of an abandoned boat or after receiving notice that a salvor has taken possession of an abandoned boat, shall notify by certified mail, return receipt requested the last known registrant of the boat. The notice shall:

(i) Describe the make, model, hull identification number and registration number of the boat.

(ii) State the location where the boat is being held.

(iii) Inform the registrant of his right to reclaim the boat within 30 days after the date of the notice upon payment of all towing and storage charges and all registration fees.

(iv) State that failure of the registrant to reclaim the boat is deemed consent to the destruction, sale or other disposition of the abandoned boat with dissolution of all interests of the registrant.

(4) If the identity of the last registrant cannot be determined, the contents of the notice described in paragraph (3) shall be published three times in a newspaper of general circulation in the area where the boat was found abandoned. If the boat is in possession of a salvor, publication of the notice shall be the responsibility of the salvor. If the boat is in possession of the Commission, publication of the notice is the responsibility of the Commission. Publication of the notice shall have the same effect as the notice sent by certified mail.

(5) The Commission, after 45 days of the date of notice sent by certified mail described in paragraph (3) or publication of the notice described in paragraph (4), may dispose of the boat if it is in its possession or may authorize the salvor to dispose of the boat in its possession as provided in paragraph (6) or (7).

(6) The Commission, if in possession of the unclaimed abandoned boat, or the salvor, if in possession of the unclaimed abandoned boat, may sell the boat at public auction if it has value. From the proceeds of the sale of the abandoned boat, the Commission or the salvor, as applicable, shall be reimbursed for the costs of towing, storage, notice, publication, mailing and costs of the auction. The remainder of the proceeds of the sale shall be forwarded to the Commission, which will hold them for 60 days from the date of sale for claim by the registrant. If the proceeds are not so claimed, they shall be deposited in the boat fund for use of the Commonwealth.

(7) If an unclaimed abandoned boat is valueless except for salvage, the salvor in possession shall apply to the Commission for registration, and upon issuance of the same, the salvor may destroy, dismantle, salvage or recycle the boat and retain any proceeds realized therefrom to offset the costs of towing, storage, notice, publication and mailing.

(8) The Commonwealth, its agencies and political subdivisions may register any boat abandoned on areas under their ownership or control by proceeding in the manner set forth in subsection (b) or may follow the procedure set forth in this subsection. The Federal government may register any boat abandoned on areas under its ownership or control by proceeding in the manner set forth in subsection (b), may follow the procedure set forth in this subsection or may follow applicable Federal laws or regulations.

Notes

58 Pa. Code § 93.17

The provisions of this § 93.17 adopted January 2, 1998, effective 1/3/1998, 28 Pa.B. 40; amended September 29, 2000, effective 9/30/2000, 30 Pa.B. 5013.

The provisions of this § 93.17 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 5122 and 5325.