Ala. Admin. Code r. 760-X-5-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 760-X-5-.01 - Abandoned And Derelict Vessels Notice Requirements

(1) Any person who removes an abandoned or derelict vessel pursuant to Sections 33-5A-1et seq., Code of Ala. 1975, as amended, shall give written notice of the removal to the Alabama Law Enforcement Agency ("ALEA") within five (5) calendar days of the removal. The notice shall include:

(a) a complete description of the vessel;

(b) the vessel identification number;

(c) the hull identification number, if available;

(d) the U.S. Coast Guard documentation information, if available;

(e) the body of water where the vessel is located;

(f) the county where the vessel is located;

(g) the nearest town or city to where the vessel is located;

(h) the GPS coordinates of the vessel location; and

(i) a photograph of the vessel, in its entirety, at its current location.

(2) Any person storing an abandoned or derelict vessel shall notify ALEA if the vessel is claimed by the owner, determined to be stolen, or for any other reason suggested that the vessel should no longer be considered an abandoned or derelict vessel. The notice shall include:

(a) a complete description of the vessel;

(b) the vessel identification number;

(c) the hull identification number, if available;

(d) the U.S. Coast Guard documentation information, if available;

(e) the body of water where the vessel was abandoned;

(f) the body of water where the vessel is currently located;

(g) the county where the vessel was abandoned;

(h) the county where the vessel is currently located;

(i) the nearest town or city to where the vessel was abandoned;

(j) the nearest town or city to where the vessel is currently located;

(k) the GPS coordinates of the vessel location when abandoned and currently; and

(l) a photograph of the vessel, in its entirety, at its current location.

(3) Prior to the sale of any abandoned or derelict vessel, notice of the sale shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held. The notice shall include all of the following:

(a) the date, time, and place of the sale;

(b) a description of the abandoned or derelict vessel, including the year, make, and model;

(c) the name and address of the current owner and lienholder of record, if any, as reflected on the current title or registration record; and

(d) the contact information of the person filing the notice.

(4) Upon the sale of an abandoned or derelict vessel, the seller shall notify ALEA of the sale and provide a copy of the court order authorizing the sale. The notice shall include:

(a) a complete description of the vessel;

(b) the vessel identification number;

(c) the hull identification number, if available;

(d) the U.S. Coast Guard documentation information, if available;

(e) the date of the auction; and

(f) the name of the purchaser.

(5) The purchaser of an abandoned or derelict vessel shall register the vessel with ALEA Marine Patrol as provided by law.

Ala. Admin. Code r. 760-X-5-.01

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 06, March 31, 2020, eff. 5/15/2020.

Author: Erin Dunagan

Statutory Authority:Code of Ala. 1975, §§ 33-5A-1et seq.