Go to Previous Versions of this Act
  1. 2025 Penn. Cons. Stat. (here)
  2. 2024 Penn. Cons. Stat.
  3. 2023 Penn. Cons. Stat.
  4. View All Versions

2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 28 - FISH (30 PA.C.S.) - AT-RISK, DERELICT AND ABANDONED BOATS AND IMPOSING PENALTIES

Universal Citation:
Act of Jul. 7, 2025, P.L. 96, No. 28
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous Next

Session of 2025

No. 2025-28

 

HB 103

 

AN ACT

 

Amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats; and imposing penalties.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  Title 30 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 57

AT-RISK, DERELICT AND ABANDONED BOATS

Sec.

5701.  Scope of chapter.

5702.  Definitions.

5703.  Identification, notice and related actions for disposition of at-risk, derelict and abandoned boats.

5704.  Penalties.

5705.  Forms.

5706.  Nuisances.

5707.  Rules and regulations.

§ 5701.  Scope of chapter.

This chapter relates to at-risk boats, derelict boats and abandoned boats.

§ 5702.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Abandoned boat."  A boat that is presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:

(1)  the boat is physically inoperable and left unattended on waters of this Commonwealth or other public property for more than 48 hours;

(2)  the boat has remained illegally on waters of this Commonwealth or other public property for more than 48 hours;

(3)  the boat is left unattended on or along waters of this Commonwealth or other public property and does not bear a valid registration; or

(4)  the boat has remained on the private property of a salvor for more than 30 calendar days.

"At-risk boat."  As follows:

(1)  A boat that is at risk of becoming a derelict boat.

(2)  The term may involve any of the following circumstances:

(i)  The boat is taking on or has taken on water without an effective means to dewater.

(ii)  The boat remains on waters of this Commonwealth or other public property during an extreme weather event.

(iii)  The boat has broken loose or is in danger of breaking loose from its current location.

(iv)  The boat does not have an effective means of propulsion for safe navigation.

"Derelict boat."  A boat that is on the waters of this Commonwealth or other public property and may involve any of the following circumstances:

(1)  The boat is sunk or partially sunk.

(2)  The boat is aground without the ability to extricate itself absent mechanical assistance.

(3)  The boat remains on waters of this Commonwealth or other public property after a boating accident or fire.

(4)  The boat is in a neglected or deteriorating condition such that the boat's hull, steering or propulsion systems are compromised due to missing, incomplete, damaged, broken or inoperable components.

"Law enforcement agency."  An agency that employs a law enforcement officer.

"Law enforcement officer."  Any of the following:

(1)  A member of the Pennsylvania State Police.

(2)  An individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(3)  An agent of the Office of Attorney General as described under paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

(4)  A sheriff or a deputy sheriff.

(5)  "Waterways conservation officers" or "deputy waterways conservation officers" as those terms are defined under 30 Pa.C.S. § 102 (relating to definitions).

(6)  An "officer" as defined under 34 Pa.C.S. § 102 (relating to definitions).

(7)  An individual employed by the Department of Conservation and Natural Resources who is vested with powers of arrest under section 302(c) or 303(a)(7) of the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act.

(8)  An "agent" as defined in 61 Pa.C.S. § 6101 (relating to definitions).

(9)  An individual employed by the Department of Corrections Bureau of Investigations and Intelligence holding a police officer commission under the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups."

"Municipality."  A county, city, borough, incorporated town or township of this Commonwealth.

"Salvor."  A "vehicle salvage dealer" as that term is defined in 75 Pa.C.S. § 1337(c)(2) (relating to use of "Miscellaneous Motor Vehicle Business" registration plates), and holds a current, valid certificate of authorization issued by the Department of Transportation under 75 Pa.C.S. § 7302 (relating to certification of authorization).

§ 5703.  Identification, notice and related actions for disposition of at-risk, derelict and abandoned boats.

(a)  Authorization.--A municipality or law enforcement agency may identify a boat to be an at-risk boat, derelict boat or abandoned boat within the jurisdiction of the municipality or law enforcement agency, in collaboration with the commission.

(b)  Notice to commission.--Within seven calendar days of the identification of the at-risk boat, derelict boat or abandoned boat, the municipality or law enforcement agency shall notify the commission of the following:

(1)  The name and contact information of the municipality or law enforcement agency that made the discovery.

(2)  The location of the at-risk boat, derelict boat or abandoned boat.

(3)  The condition of the at-risk boat, derelict boat or abandoned boat.

(4)  Identifying information regarding the at-risk boat, derelict boat or abandoned boat, including registration, license, capacity plate and name of the owner, if known.

(c)  Notice to owner.--

(1)  Following notification under subsection (b), the municipality or law enforcement agency shall, in collaboration with the commission, make reasonable efforts to notify the owner:

(i)  by certified mail, return receipt requested;

(ii)  in person;

(iii)  by direct, individual, verifiable electronic means, including email or other forms of online direct messaging; or

(iv)  publicly accessible digital media, including social media, if at least one direct option under subparagraph (i), (ii) or (iii) is also pursued.

(2)  Notice under this subsection shall contain the following:

(i)  Identification of the at-risk boat, derelict boat or abandoned boat that must be removed from its current location, repaired, salvaged, securely stored or junked.

(ii)  The location and condition of the at-risk boat, derelict boat or abandoned boat.

(iii)  The name and contact information of the municipality or law enforcement agency that is providing the notice.

(iv)  Contact information for the commission.

(v)  A statement that if, within 14 calendar days after receipt of the notice under this subsection, the at-risk boat, derelict boat or abandoned boat is not removed from its current location, repaired, salvaged, securely stored or junked, or alternate arrangements are not made with the municipality, law enforcement agency or commission:

(A)  The at-risk boat, derelict boat or abandoned boat shall be removed and, as appropriate, stored or junked at the expense of the owner of the at-risk boat, derelict boat or abandoned boat.

(B)  The owner of the at-risk boat, derelict boat or abandoned boat shall be subject to restitution costs and any other penalty prescribed by law.

(d)  Public notice.--If the identity of the owner of the at-risk boat, derelict boat or abandoned boat cannot be determined with reasonable certainty, the municipality or law enforcement agency shall, in collaboration with the commission, take steps to publish the notice described in subsection (c) in a newspaper of general circulation and by verifiable electronic means, such as publicly accessible digital media, within the municipality or jurisdiction of the law enforcement agency that provided the notice under subsection (c), except that the statement under subsection (c)(2)(v) shall refer to a time frame that is 14 calendar days after publication of the notice under this subsection. The notice required under this subsection shall have the same effect as notice sent by certified mail.

(e)  Actions by owner.--

(1)  Within 14 calendar days of receipt of the notice under subsection (c) or of publication of the notice under subsection (d), the owner of the at-risk boat, derelict boat or abandoned boat shall:

(i)  remove, repair, salvage, securely store or junk the at-risk boat, derelict boat or abandoned boat, as appropriate; or

(ii)  make alternate arrangements with the municipality, law enforcement agency or commission, which may include the relinquishment of the at-risk boat, derelict boat or abandoned boat to the custody of the municipality, law enforcement agency or commission.

(2)  In the case of an at-risk boat, the owner of the at-risk boat that is removed and stored after the time period specified in the notice under subsection (c) or (d) may, subject to existing law, including a rule or regulation established by the commission, claim the at-risk boat upon paying the accrued costs of removal and storage of the at-risk boat and any applicable fine within 30 calendar days of receipt of the notice under subsection (c) or publication of the notice under subsection (d).

(3)  In the case of a derelict boat or abandoned boat, after the time period specified in the notice under subsection (c) or (d):

(i)  The owner of the derelict boat or abandoned boat shall have no right to claim the derelict boat or abandoned boat after 30 calendar days of receipt of the notice under subsection (c) or publication of the notice under subsection (d).

(ii)  The owner of the derelict boat or abandoned boat shall be responsible for the expenses to remove or junk the derelict boat or abandoned boat.

(iii)  The owner of the derelict boat or abandoned boat violates the provisions of this chapter if the owner was properly notified and intentionally disregarded the notice provided under subsection (c) and shall be subject to the penalties under section 5704 (relating to penalties).

(f)  Recovery of costs.--A municipality, a law enforcement agency or the commission may commence an action to recover the costs incurred by the municipality, law enforcement agency or commission regarding:

(1)  the removal or storage of an at-risk boat; or

(2)  the removal or junking of a derelict boat or abandoned boat.

(g)  Liability.--A person involved in the identification, notification, recovery or storage of a boat under this chapter shall not be liable for any claim of property damage related to the boat.

§ 5704.  Penalties.

(a)  Grading and penalties.--An individual violating this chapter:

(1)  For a first offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500, in addition to restitution costs.

(2)  For a second offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000, in addition to restitution costs.

(3)  For a third or subsequent offense, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay restitution costs.

(b)  Definition.--For purposes of this subsection, the term "restitution costs" shall include costs for towing, storage, notice, publication mailing or any other costs associated with the removal or junking of a boat.

§ 5705.  Forms.

(a)  Development.--The commission shall develop forms to be used by municipalities and law enforcement agencies to provide notice in accordance with section 5703(b) and (c) (relating to identification, notice and related actions for disposition of at-risk, derelict and abandoned boats).

(b)  Posting.--The forms described under subsection (a) shall be posted on the publicly accessible Internet website of the commission.

(c)  Submittal.--A municipality or law enforcement agency may submit the notice described under section 5703(b) to the commission by electronic means or as otherwise provided by the commission.

§ 5706.  Nuisances.

This chapter is not intended to alter or supersede any law or ordinance regarding the investigation, removal, abatement or prevention of nuisances under the jurisdiction of the State or a municipality or any available enforcement mechanism, remedy or penalty relating to nuisances under State law or municipal ordinance.

§ 5707.  Rules and regulations.

The commission may adopt or promulgate rules or regulations relating to at-risk boats, derelict boats or abandoned boats, including the transfer of ownership of or interest in at-risk boats, derelict boats or abandoned boats.

Section 2.  This act shall take effect in 180 days.

 

APPROVED--The 7th day of July, A.D. 2025.

 

JOSH SHAPIRO

Previous Next
Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.