AS Title 30, Chapter 30: Derelict Vessels Act; Abandoned Vessels

Article 1. Derelict Vessels. Chapter 30. Derelict Vessels Act; Abandoned Vessels. Sec. 30.30.010. Abandonment of vessel unlawful. (a) A person may not store or leave a derelict vessel (1) on the waters of the state or on state or municipal property without the consent of the state agency or municipality having jurisdiction over the water or property; or (2) at any private property without the consent of the owner of the property. (b) Except as provided under AS 30.30.110 — 30.30.150, a state agency, municipality, or peace officer may impound a derelict vessel subject to this chapter. (c) This section may not be construed to contravene any applicable federal law or regulation. (d) [Repealed, § 34 ch 111 SLA 2018.] (e) The department or a municipality may report a violation of this section to the attorney general, who may institute the proper proceedings to enforce the criminal penalties provided in (f) of this section. (f) A person who violates this section, upon conviction, is guilty of a misdemeanor and is punishable by one or more of the following: (1) a fine of not less than $5,000 or more than $10,000; (2) imprisonment for a period of not more than 90 days; (3) forfeiture of the person's vessel. Sec. 30.30.015. Civil penalties. (a) The department, a municipality, or an aggrieved person may institute a civil action against a person who violates AS 30.30.010 . In addition to injunctive and compensatory relief, a civil penalty of not more than $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding that a person has violated AS 30.30.010 , the superior court may grant the injunction. Each day that a violation occurs constitutes a separate violation. (b) The department may provide for the payment of a civil penalty under this section by mail. Sec. 30.30.020. Disposition of certain abandoned vessels. Sec. 30.30.030. Limitation on applicability. A vessel does not constitute a derelict vessel under this chapter if the (1) department provides written authorization for the owner to anchor, moor, store, or otherwise leave the vessel within 14 days after the owner anchors, moors, stores, or leaves the vessel; and (2) vessel is anchored, moored, stored, or otherwise left unattended for more than 14 days (A) outside of an organized municipality where it is the custom, common, or accepted practice to anchor, moor, store, or otherwise leave a vessel in a port or harbor or in waters of the state; (B) because climatic conditions make use of the vessel impracticable; or (C) because other applicable provisions of law prohibit use of the vessel during that period of time. Sec. 30.30.040. Pre-impoundment notice and hearing. (a) Except as otherwise provided in this chapter, at least 20 days before impounding a vessel, the state agency or municipality responsible for impounding the vessel shall post a written notice on the vessel, if possible, and on the Alaska Online Public Notice System or the municipality's official website. A copy of that notice must be sent by certified mail, with a return receipt, to the owner of the vessel at the owner's last known address or the address on record with the United States Coast Guard or the Department of Administration and to all lienholders shown on the records of the United States Coast Guard or a state agency. (b) The notice must contain the (1) name or number of the vessel, if known; (2) name and address of the owner, if known; (3) intended action against the vessel; and (4) hearing procedure under (c) of this section. (c) Except as provided in AS 30.30.065 , the owner of a vessel may file a written demand for a pre-impoundment hearing with the state agency or municipality that sent the notice within 15 days after the postmark date of the notice required under (a) of this section. If the written demand is made by a person who is not the owner of the vessel, the written demand must establish that the person requesting the hearing has an interest in the vessel. An owner or a person with a financial or security interest in a vessel who fails to request or attend a scheduled hearing waives the right to a hearing. (d) A pre-impoundment hearing must be conducted within 10 business days after the receipt of a written demand for a pre-impoundment hearing unless the person requesting the hearing consents to a later date. (e) An individual who has authority to direct the impoundment of a vessel at issue in a pre-impoundment hearing may not serve as the hearing officer. The hearing shall be conducted in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a hearing conducted under this section. (f) The state agency or municipality responsible for impounding a vessel has the burden of showing substantial evidence that the vessel is derelict. After the hearing, the hearing officer shall issue a written decision of whether there is substantial evidence that the vessel is derelict. A copy of the decision shall be provided to the vessel owner and the person requesting the hearing, if other than the vessel owner. (g) If the hearing officer determines that there is substantial evidence establishing that the vessel is derelict, then the state agency or municipality may impound the vessel and proceed with disposition of the vessel as provided under AS 30.30.055 . Sec. 30.30.045. Notice of disposition of derelict vessel. (a) After impounding a derelict vessel, the state agency or municipality shall post a notice of disposition on the Alaska Online Public Notice System or the municipality's website and, if possible, on the vessel itself at least 20 days before disposing of the vessel. (b) A duplicate of the notice must be served by certified mail, return receipt requested, on (1) the owner of the vessel, if known, at the address on record with the United States Coast Guard or the Department of Administration; and (2) all lienholders who have filed a financing statement indexed in the name of the owner or who are shown on the records of a state agency or the United States Coast Guard. (c) The notice of disposition must include (1) a description of the vessel; (2) the name or number of the vessel, if known; (3) the name and address of the owner, if known; (4) the location of the vessel; (5) the means of disposition; and (6) the location, date, and time of a public auction if an auction will be held to dispose of the vessel. Sec. 30.30.050. Public auction. Sec. 30.30.055. Impoundment and disposition of derelict vessel. (a) A state agency or municipality may impound a derelict vessel by (1) securing the vessel in place; (2) towing or sailing the vessel to a secure mooring in a location that is authorized by the state agency or municipality; or (3) removing the vessel from the water and placing it in storage. (b) The state agency or municipality that impounds a vessel may sell, donate, or destroy the vessel if the vessel is not repossessed by the owner or a person with a financial or security interest in the vessel within 20 days after the postmark date of the notice mailed under AS 30.30.045 (a). The sale of a vessel may be by public auction or by sealed bids or, if no bids are received, by negotiated sale. (c) A state agency or municipality may, by regulation or ordinance, adopt sale or disposal methods that are consistent with the provisions of this chapter. (d) A state agency or municipality shall apply the proceeds from the sale of a vessel under this chapter in the following order: (1) to the administrative costs associated with impounding the vessel; (2) to the costs of towing, handling, and storing the vessel; (3) to the administrative costs of conducting the sale; (4) to a lienholder to the extent of the lien; (5) to the owner of the vessel if the owner can be found; if the owner cannot be found, the balance shall be deposited into the derelict vessel prevention program fund under AS 30.30.096 . (e) A state agency or municipality shall disperse the proceeds of the sale of a vessel at a public auction under federal law in accordance with federal law. (f) The state agency or municipality or its designees, employees, or agents are not liable for the disposition of a vessel to the owner, operator, or any lienholder of the vessel. (g) The transfer of title and interest by sale under this section is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. Sec. 30.30.060. Possession by interested party. An owner or a person having a financial or security interest in a derelict vessel may take possession of it before the date of the public auction, destruction, or donation of the vessel upon payment to the state agency or municipality of all port or harbor use fees, towing, handling, storage, appraisal, advertising, and any other expenses incurred by the state agency or municipality in connection with the vessel. Sec. 30.30.065. Impoundment of derelict vessels posing clear and present danger. (a) Notwithstanding any other provision of law, a state agency or municipality may impound a derelict vessel immediately if the vessel constitutes a clear and present danger to public health, safety, or general welfare. (b) When action is taken to impound a derelict vessel under (a) of this section, the state agency or municipality impounding the vessel shall, after 24 hours of the impoundment, provide notice of the action and the opportunity for a post-impoundment hearing by hand-delivery or certified mail, return receipt requested, to the owner of the vessel if the name and location of the owner is known. (c) The owner of the vessel or a person with a financial or security interest in the vessel may file a written demand for a post-impoundment hearing within 15 days after the postmark date of the notice of impoundment under (b) of this section. An owner or a person with a financial or security interest in the vessel who fails to request or attend a scheduled post-impoundment hearing waives the right to the hearing. (d) The state agency or municipality that impounded the vessel shall conduct a post-impoundment hearing within 48 hours after receiving a written demand for a post-impoundment hearing. The 48-hour period does not include Saturdays, Sundays, days that the state agency or municipality that impounded the vessel is officially closed, and legal holidays. The state agency or municipality shall conduct the post-impoundment hearing in an informal manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a post-impoundment hearing. (e) A post-impoundment hearing officer shall determine whether there is substantial evidence establishing that the derelict vessel constituted a clear and present danger. If the hearing officer determines that there is substantial evidence to impound the vessel, the state agency or municipality or its designee may proceed to dispose of the vessel as provided under AS 30.30.055 . If the hearing officer determines that there was not substantial evidence to impound the vessel, the state agency or municipality that impounded the vessel (1) shall release the vessel to the owner; (2) may not require the owner to pay the towing, storage, impoundment, or abatement charges; and (3) shall refund or reimburse any towing, storage, impoundment, or abatement charges previously paid by the owner. Sec. 30.30.070. When public auction not required. Sec. 30.30.075. Liability for derelict vessels. Except as provided in AS 30.30.065 (e), the owner of a vessel and a person entitled to possession of a vessel impounded under this chapter are jointly and severally liable for all costs incurred by the state agency or municipality in connection with the impoundment, storage, and removal of the vessel. Sec. 30.30.080. Effect of sale. Sec. 30.30.090. Derelict vessel. A vessel is a derelict vessel if (1) the vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering public health, safety, property, or the environment; (2) the vessel has been anchored, moored, stored, abandoned, or otherwise left in the waters of the state or on state or municipal property contrary to law; (3) the vessel's certificate number or marine document number has expired and the owner no longer resides at the address listed in the vessel registration or marine document records of a state agency or the United States Coast Guard; (4) the last owner of record disclaims ownership and the current owner's name or address cannot be determined; (5) the vessel identification numbers and other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner; (6) the vessel registration records of a state agency and the marine document records of the United States Coast Guard contain no record that the vessel ever has been registered or documented, and the owner's name or address cannot be determined; or (7) the vessel has been anchored, moored, stored, abandoned, or otherwise left unattended on private property without authorization by the owner or occupant of the property. Sec. 30.30.095. Duties and powers of the department. The department shall, to the extent that funds are available from the derelict vessel prevention program fund ( AS 30.30.096 ), (1) establish and administer the derelict vessel prevention program to prevent and deter the abandonment and operation of derelict vessels in the waters of the state and on state, municipal, and private property and to ensure that all state and municipal entities have the authority to identify, remove, and discourage derelict vessels from being stored, operated, or abandoned on the waters of the state and on state or municipal property; (2) establish (A) education and community outreach programs, derelict vessel disposal programs, and funding options for derelict vessel removal efforts; and (B) a derelict vessel advisory council to implement education and community outreach programs that inform and incentivize the removal of derelict vessels from the waters of the state; (3) develop and maintain a publicly available database of known derelict vessels in the state. Sec. 30.30.096. Derelict vessel prevention program fund. (a) The derelict vessel prevention program fund is created in the general fund. The purpose of the fund is to provide a source from which the department may (1) reimburse state agencies and municipalities for expenses related to removal of derelict vessels from waters of the state and from state or municipal property; (2) pay for development and implementation of programs that incentivize compliance with this chapter; (3) subsidize projects directly related to the derelict vessel prevention program; and (4) pay the costs of administering the fund. (b) The fund consists of money appropriated to the fund, including (1) donations; (2) money received from the sale of a vessel under this chapter; (3) income from the fund and other program receipts; (4) money collected under AS 05.25.096 (a)(5) and (6); (5) civil penalties collected under AS 30.30.015 . (c) Appropriations to the derelict vessel prevention program fund do not lapse. (d) Money appropriated to the fund may be used by the department for the purposes of the fund without further appropriation. (e) Nothing in this section creates a dedicated fund. Sec. 30.30.100. Disposition of derelict vessel. Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business. Sec. 30.30.110. Disposition of vessels by persons in vessel storage or repair business. When a person abandons a vessel on the premises of a vessel storage or repair business, the owner of the business or the business owner's authorized representative may (1) sell or dispose of the vessel under AS 30.30.110 — 30.30.150; or (2) notify a state agency, municipality, or peace officer that the vessel is a derelict vessel subject to impoundment under AS 30.30.010 — 30.30.090. Sec. 30.30.120. When vessel abandoned. A vessel is abandoned on the premises of a vessel storage or repair business when all of the following conditions have been satisfied: (1) the service requested or required by a person whose vessel is towed or brought to a vessel storage or repair business, including towing and rendering estimates of the cost of repairs, has been performed; (2) no authorization is given to perform any further service with respect to the vessel, but the vessel is left on the storage or repair business premises; (3) the owner of the storage or repair business or the business owner's authorized representative has given notice by registered or certified mail, with a return receipt, to the registered owner of the vessel at the address on record at the vessel storage or repair business and the address on record in a state agency or the United States Coast Guard, and to any person with a recorded interest in the vessel, stating that, if the vessel is not repossessed within 30 days after the mailing of the notice, it will be sold or disposed of; the notice also must contain a description of the vessel and its location, and it need not be sent to an owner or a person with an unrecorded interest in the vessel whose name or address cannot be determined; and (4) the vessel is not repossessed within the 30-day period specified in (3) of this section. Sec. 30.30.130. Sale or disposition of vessel. When a vessel is abandoned, the owner of the vessel storage or repair business, or the business owner's authorized representative, after one public advertisement in a newspaper of general circulation in the state, may negotiate a sale of the vessel or dispose of it. However, the vessel may not be sold or disposed of within less than 30 days after publication of the advertisement. Sec. 30.30.140. Disposition of proceeds. The authorized seller of the abandoned vessel is entitled to the proceeds of the sale to the extent that compensation is due to the seller for services rendered with respect to the vessel, including reasonable and customary charges for towing, handling, storage, and the cost of notices and advertising required by AS 30.30.130 . A lienholder shall receive priority of payment from the balance of the proceeds to the extent of the lien. Any remaining balance shall be forwarded to the registered owner of the vessel, if the registered owner can be found. If the registered owner cannot be found, the balance shall be deposited with the commissioner of administration and shall be paid out to the registered owner of the vessel if a proper claim is filed for it within one year from the execution of the sale agreement. If no claim is made within that year, the money shall escheat to the state. Sec. 30.30.150. Effect of transfer of title. The transfer of title and interest by sale under AS 30.30.140 is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. Article 3. Miscellaneous. Sec. 30.30.160. Regulations. [Repealed, § 14 ch 65 SLA 2013.] Sec. 30.30.165. Enforcement authority. (a) The following persons are peace officers of the state for the purpose of enforcing the provisions of this chapter and regulations adopted under this chapter on the waters of the state: (1) an employee of the department or other person authorized by the commissioner of natural resources; (2) an employee of a municipality authorized by the chief executive officer of the municipality; or (3) a peace officer, as that term is defined in AS 01.10.060 . (b) A person designated in (a) of this section, when enforcing the provisions of this chapter or a regulation adopted under this chapter, may (1) execute a warrant or other process issued by an officer or court of competent jurisdiction; (2) administer or take an oath, affirmation, or affidavit; and (3) issue a citation or arrest a person who violates a provision of this chapter or a regulation adopted under this chapter. (c) A citation issued under (b) of this section must comply with the provisions of AS 12.25.175 — 12.25.230. Sec. 30.30.170. Definitions. In this chapter, (1) “abandoned” means a vessel has been left unattended on private, state, or municipal land or waters of the state without the consent of the landowner or lessee for more than 30 days; (2) “department” means the Department of Natural Resources; (3) “municipality” has the meaning given in AS 29.71.800 ; (4) “owner” means a person who (A) has a property interest, other than a financial or security interest, in a vessel; (B) is the last named owner of a vessel with the Department of Administration or the United States Coast Guard; or (C) is designated as having an interest in a vessel in an agreement with a municipality, state agency, or political subdivision of the state; (5) “state agency” means a department, agency, division, or office in the executive branch of state government; (6) “vessel” means every description of watercraft, floating facility, or other artificial contrivance, other than a seaplane on the water, used or capable of being used as a means of transportation on or through the water; (7) “waters of the state” means the navigable waters within the territorial limits of the state, and the marginal sea adjacent to the state, as defined in AS 44.03 . Sec. 30.30.180. Short title. This chapter may be cited as the Derelict Vessels Act.