Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart C - BOATING › Chapter 93 - REGISTRATION AND NUMBERING › Subchapter A - REGISTRATION OF BOATS › Section 93.17 - Registration of abandoned boats

Current through Register Vol. 54, No. 28, July 13, 2024
(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.