Title 12, Conservation And Resources

§200-4 Rules. (a) The chairperson may adopt rules necessary: (1) To regulate the manner in which all vessels may enter the ocean waters and navigable streams of the State and moor, anchor, or dock at small boat harbors, launching ramps, and other boating facilities owned or contr…

[§200-4.5] Safety of ocean users; rules. The department shall adopt rules to promote greater safety of ocean users in the State's nearshore waters. The rules shall include but not be limited to the creation of safe zones for free divers and swimmers and stricter enforcement of bo…

[§200-4.6] Alternate access to state boating facilities; rules. The department shall adopt rules to allow vessels holding a valid ocean recreation management area commercial use permit to use a state small boat harbor or boat launching ramp when unsafe wind and sea conditions wou…

[§200-40] Marine events; permits; exclusive use; cancellation fee. (a) No person shall hold a marine event, including but not limited to a regatta, marine parade, or surfing contest, without written authorization from the department; provided that the department's written authori…

[§200-40.5] Event spectators; hazards; mitigation. The department may adopt rules, pursuant to chapter 91, to mitigate the hazards posed by vessels, thrill craft, drones, and other means used by spectators to observe or record regattas, marine parades, surfing contests, and other…

PART III. ABANDONED VESSELS ON PUBLIC AND PRIVATE PROPERTY GENERALLY §200-41 Abandonment of vessels. (a) No person shall abandon any vessel in the waters of the State or on any property, other than the property of the vessel owner, without the consent of the property owner. (b) A…

§200-42 Notice to owner. (a) A state or county agency, upon taking custody of any vessel deemed abandoned pursuant to section 200-41, shall immediately post a written notice on the vessel and send a duplicate original by registered or certified mail, with a return receipt request…

§200-43 Public auction; disposition of abandoned vessels. Any abandoned vessel impounded under this part that remains unclaimed by the registered or documented owner, lien holder, or operator of record for more than ten working days after mailing of the notice required by section…

§200-44 Possession by interested party. Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handlin…

§200-46 Effect of sale. The transfer of interest by sale hereunder shall be evidenced by a bill of sale from the appropriate state or county agency, shall be considered a transfer by operation of law, and shall be governed by provisions applicable thereto. [L 1991, c 272, pt of §…

§200-47 Disposition of proceeds. A state or county agency that sells a vessel pursuant to this part shall deposit that portion of the proceeds of the sale of the vessel that represents the mooring or other fees and charges due the agency, the expenses of the auction, and any othe…

§200-47.5 Vessels aground. (a) All vessels grounded on state submerged lands, shorelines, or coral reefs shall be removed immediately by the owner or operator at the owner's or operator's expense. Damage to state or private property caused by a grounded vessel shall be the sole r…

[§200-48] Derelict vessel. A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if: (1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or (2) The vessel h…

§200-49 Disposition of derelict vessel. (a) The chairperson may cause a derelict vessel to be immediately taken into custody. Upon taking custody of a derelict vessel, the department, as soon as reasonably possible shall: (1) Give public notice of intended disposition and procedu…

[§200-5] Commercial harbors excluded. For purposes of this chapter, ocean waters and navigable streams shall not include the commercial harbors of the State. [L 1991, c 272, pt of §2]

PART IV. VESSELS ABANDONED ON PREMISES OF PERSONS ENGAGED IN REPAIR BUSINESS, PRIVATE MARINAS, YACHT CLUBS, OR ON OTHER PRIVATE PROPERTY §200-51 Disposition of vessels abandoned on the premises of a vessel repair business, private marina, yacht club, or other private property. Wh…

§200-52 When vessel deemed abandoned on the premises of a vessel repair business, private marina, or yacht club. A vessel shall be deemed to be abandoned upon satisfaction of all the following conditions: (1) The service requested or required by a person whose vessel is navigated…

§200-53 Sale or disposition of vessel. When a vessel is abandoned, the owner of the vessel repair business or private marina, or the owner's authorized representative; the designated representative of the yacht club; or the owner of other private property, after one public advert…

[§200-54] Disposition of proceeds. The authorized seller of the vessel shall be entitled to the proceeds of the sale to the extent of the compensation that is due the seller for services rendered in connection with the vessel, including reasonable and customary charges for towing…

[§200-55] Effect of transfer of title. The transfer of title and interest by sale under this part is a transfer by operation of law; provided that a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. [L 1991, …

[§200-6] Limitation of private use of ocean waters and navigable streams. (a) No person shall erect or place any structure or similar object, or sink any type of watercraft or other sizeable object, or abandon any type of watercraft or other sizeable object, either sunk or unsunk…

PART V. TRESPASS TO VESSEL [§200-61] Definitions. As used in this part: "Enforcement officer" means a police officer and any other state or county officer charged with the enforcement of state laws. "Vessel" means every description of watercraft used or capable of being used as a…

[§200-62] Trespass to vessel; penalty. Whoever, without right, boards or remains in or upon any vessel of another within the waters of the State shall be guilty of a misdemeanor. [L 1991, c 272, pt of §2]

[§200-63] Questioning and detaining suspected persons aboard a vessel. An enforcement officer may detain any person found upon a vessel under circumstances as reasonably justify a suspicion that the person boarded without permission for the purpose of demanding, and may demand of…

§200-7 Waiver of mooring charges. The department shall waive the mooring charge for: (1) Any and all sea scout craft using moorings belonging to or controlled by the State, when moorings are available as determined by the department; provided that the craft are owned and used exc…

PART VI. VESSEL IDENTIFICATION NUMBERS [§200-71] Hull, defined. As used in this part, "hull" means the shell, frame, or body of a vessel, exclusive of masts, yards, sails, riggings, machinery, and equipment. [L 1991, c 272, pt of §2]

[§200-72] Defacing, etc., vessel hull identification numbers. No person shall wilfully deface, destroy, remove, or alter the vessel hull identification number which is carved, burned, stamped, embossed, or otherwise permanently affixed to the hull of a vessel by the manufacturer,…

[§200-73] Unlawful to possess certain vessels or hulls. No person shall possess a vessel or hull, knowing that the vessel hull identification number, placed on the same by the manufacturer or the owner for the purpose of identification, has been changed, altered, erased, or mutil…

[§200-74] Penalty. Any person who violates this part shall be guilty of a misdemeanor. [L 1991, c 272, pt of §2]

§200-8 Boating program; payment of costs. The cost of administering a comprehensive statewide boating program, including but not limited to the cost of: (1) Operating, maintaining, and managing all boating facilities under the control of the department; (2) Improving boating safe…

§200-9 Purpose and use of state small boat harbors. (a) State small boat harbors are constructed, maintained, and operated for the purposes of: (1) Recreational boating activities; (2) Landing of fish; and (3) Commercial vessel activities. To implement these purposes, only vessel…

[§200A-1] Short title. This chapter may be cited as the Uniform Certificate of Title for Vessels Act. [L 2018, c 46, pt of §1]

[§200A-10] Title brand. (a) Unless subsection (c) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the department, if the damage occurred while that person was an owner…

[§200A-11] Maintenance of and access to files. (a) For each record relating to a certificate of title submitted to the department, the department shall: (1) Ascertain or assign the hull identification number for the vessel; (2) Maintain the hull identification number and all the …

[§200A-12] Action required on creation of certificate of title. (a) On creation of a written certificate of title, the department shall promptly send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in th…

[§200A-13] Effect of certificate of title. A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. [L 2018, c 46, pt of §1]

[§200A-14] Effect of possession of certificate of title; judicial process. Possession of a certificate of title shall not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate shall n…

[§200A-15] Perfection of security interest. (a) Except as otherwise provided in this section or section 200A-28, a security interest in a vessel may be perfected only by receipt by the department of an application for a certificate of title that identifies the secured party and o…

[§200A-16] Termination statement. (a) A secured party indicated in the department's files as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor's request, to the debtor, by the earlier of: (1) Twenty days after the se…

[§200A-17] Transfer of ownership. (a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules shall apply: (1) If the certificate is a written certificate of title and the transferor's interest is noted on the certificate,…

[§200A-18] Effect of missing or incorrect information. Except as otherwise provided in section 490:9-337, a certificate of title or other record required or authorized by this chapter shall be effective even if it contains incorrect information or does not contain required inform…

[§200A-19] Transfer of ownership by secured party's transfer statement. (a) As used in this section, "secured party's transfer statement" means a record signed by the secured party of record stating: (1) That there has been a default on an obligation secured by the vessel; (2) Th…

[§200A-2] Definitions. (a) As used in this chapter, unless the context otherwise requires: "Barge" means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. "Builder's certificate" means a certificate of the facts of build of a ve…

[§200A-20] Transfer by operation of law. (a) As used in this section: "By operation of law" means pursuant to a law or judicial order affecting ownership of a vessel: (1) Because of death, divorce, or other family law proceeding; merger; consolidation; dissolution; or bankruptcy;…

[§200A-21] Application for transfer of ownership or termination of security interest without certificate of title. (a) Except as otherwise provided in section 200A-19 or 200A-20, if the department receives, unaccompanied by a signed certificate of title, an application for a new …

[§200A-22] Replacement certificate of title. (a) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the department's files, the owner of record…