SUBCHAPTER II—NON-BARGE VESSELS

Editorial Notes

Amendments

2025—Pub. L. 119–60, div. G, title LXXIII, §7347(a)(3), Dec. 18, 2025, 139 Stat. 1779, inserted subchapter heading.

§4710. Definitions

In this subchapter:

(1) Abandon.—The term "abandon" means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.

(2) Covered vessel.—The term "covered vessel" means a vessel that is not a barge to which subchapter I applies.

(3) Indian tribe.—The term "Indian Tribe" has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4) Native hawaiian organization.—The term "Native Hawaiian organization" has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.

(Added Pub. L. 119–60, div. G, title LXXIII, §7347(a)(3), Dec. 18, 2025, 139 Stat. 1779.)

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 119–60, div. G, title LXXIII, §7347(b), Dec. 18, 2025, 139 Stat. 1781, provided that: "The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section)."

§4711. Abandonment of vessels prohibited

(a) In General.—An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.

(b) Determination of Abandonment.—

(1) Notification.—

(A) In general.—With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—

(i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and

(ii) notify such owner—

(I) of the penalty described in subsection (c); and

(II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.

(B) Form.—The Commandant shall provide the notice required under subparagraph (A)—

(i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or

(ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.

(2) Determination.—The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.

(c) Penalty.—

(1) In general.—The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).

(2) Liability in rem.—The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).

(3) Limitation.—The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator.

(d) Vessels Not Abandoned.—The Commandant may not determine that a covered vessel is abandoned under this section if—

(1) such vessel is located at a federally approved or State approved mooring area;

(2) such vessel is located on private property with the permission of the owner of such property;

(3) the owner or operator of such vessel provides a notification to the Commandant that—

(A) indicates the location of the vessel;

(B) indicates that the vessel is not abandoned; and

(C) contains documentation proving that the vessel is allowed to be in such location; or

(4) the Commandant determines that such an abandonment determination would not be in the public interest.

(Added Pub. L. 119–60, div. G, title LXXIII, §7347(a)(3), Dec. 18, 2025, 139 Stat. 1779.)

§4712. Inventory of abandoned vessels

(a) In General.—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.

(b) Contents.—The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.

(c) Publication.—The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.

(d) Reporting of Potentially Abandoned Vessels.—In carrying out this section, the Commandant shall develop a process by which—

(1) a State, Indian Tribe, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a);

(2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.

(e) Clarification.—Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321) or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a).

(Added Pub. L. 119–60, div. G, title LXXIII, §7347(a)(3), Dec. 18, 2025, 139 Stat. 1780.)

Editorial Notes

References in Text

The date of enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (a), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.