Abandoned & Derelict Vessel Management

Abandoned and Derelict Vessels, also referred to as ADV's, are an increasing problem for local harbors. With the price of maintenance, once ambitious boat owners are now putting off necessary repairs which can lead to the vessel becoming derelict and possibly abandoned. 

What constitutes an ADV?

Local harbor ordinances, by statute (M.R.S. Title 38 § 9), define what derelict and abandoned vessels are for their municipality. While they vary town to town, general definitions are as follows:

Derelict & Abandoned Vessel: A vessel in which has one or more of the following characteristics:

                                     1. The vessel is a motor powered vessel which does not have a working engine;
                                     2. The vessel is required to be registered with State or Federal agencies, but currently is not;
                                     3. The vessel does not have operable and effective bilge pumps;
                                     4. The vessel is sinking or partially submerged and the owner cannot be contacted;
                                     5. The vessel has been left unattended and in disrepair for an extended period of time;
                                     6. The vessel has sank and the owner is non responsive to requests to have it removed;

What are the steps to have an abandoned or derelict vessel removed?

A. The Harbor Master has been made aware of an abandoned or derelict vessel as described by local ordinance.

B. The Harbor Master make good faith efforts to identify and contact the owner of the vessel with a timeline for                removal. Certified mail with return receipt is best option for documentation purposes.  

C. If an owner cannot be identified or contacted, the Harbor Master shall notify the entity responsible for Harbor Management in their municipality (Harbor Commission, Town Council, Select Board), requesting the entity to classify the vessel as abandoned, pursuant to M.R.S. Title 38 § 9.

D. The entity should provide the vessel owner (if known) a timeline to develop a plan in writing to removal the vessel. Failure to provide  a detailed plan or remove the vessel within that timeline should result in the vessel being deemed abandoned. Certified mail with return receipt is best option for documentation purposes.  

E. If the vessel sank and is on the bottom of the waterbody, the Harbor Master must contact the Maine Department of Agriculture, Conservation and Forestry - Bureau of Parks & Lands/Submerged Lands to notify them of the abandoned vessel. The BPL-Submerged Lands Director shall then notify the owner of the vessel (if ownership can be determined) and provide them a timeline for removal pursuant to M.R.S Title 12 § 1866. If the the owner of the vessel does not cooperate with removal, or, no owner can be determined, the BPL-Submerged Lands Director can give the authority to the municipality to remove the vessel from the waterbody. Note: This step is only required if the vessel has sunk and is sitting on the bottom of the waterbody. 

F. Once steps D and E are completed, the Harbor Master shall summons the owner of the vessel for M.R.S. Title 38 § 9  Abandonment of Watercraft and submit the case to the appropriate District Attorneys Office. The Harbor Master report should include certified copies of the municipal harbor ordinance; notices from the Harbor Master and Commission/Council or Select Board; Certified letter from the Director of BPL-Submerged Lands deeming the vessel abandoned (if applicable). It is recommended that the municipality seek restitution in the report if the municipality wishes to be reimbursed by the owner for removal of the vessel. 

G. The vessel at this stage can now be removed by the municipality. The Harbor Master should be on site during the removal and document the process with photo evidence. The Harbor Master should then follow their local policy in terms of abandoned property and how long to keep the property before disposing of it. 




The Maine Harbor Master's Association has a handful of members who have direct experience with the Abandoned Vessel Management. For one on one support, contact info@maineharbormasters.org for more information.