15A NCAC 10F .0110       abandoned vessels

(a)  General.  An abandoned vessel is defined as a vessel that has been relinquished, left or given up by the lawful owner(s) without the intention to later resume any right or interest in such vessel.  It does not include any vessel left by an owner(s) or agent of the owner(s) with any person or business for the purpose of storage, maintenance or repair which is not subsequently claimed.

(b)  Abandonment:  A person finding an abandoned vessel can become the registered and titled owner of the vessel, provided the previous owner(s) cannot be located and that they have not reported the vessel missing or stolen.  The applicant shall comply with the following procedures to seek ownership of such vessel:

(1)           The Finder shall send a Certified Letter, return receipt requested, to the last registered owner(s).  The Finder shall demonstrate to Wildlife Resources Commission that this letter was not deliverable or that the last registered owner(s) failed to acknowledge or respond.

(2)           The Finder shall provide to the Wildlife Resources Commission a written police report stating that the abandoned vessel has not been reported missing or stolen in the area where it is listed as being moored.

(3)           The Finder shall complete and submit an application for a certificate of number and certificate of title, along with a notarized statement summarizing when and where the vessel was found, the evidenced attempts to locate the owner(s), any available evidence that the vessel is abandoned, statements from any other persons knowledgeable about the history of the vessel and applicable fees to the Wildlife Resources Commission.

(c)  The Wildlife Resources Commission shall consider the evidence and documentation presented.  If Wildlife Resources Commission determines that the vessel has been abandoned, it shall issue a certificate of number and certificate of title to the applicant.

 

History Note:        Authority G.S. 113-134; 75A‑5(i2);

Eff. May 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.