Georgia makes owners remove abandoned boats from public waters or face fines, license loss, and charges

The act adds a warning statement to the registration application and adds a duty to perform unattended vessel checks. It covers people who register vessels with the Department of Natural Resources, and law enforcement officers or people the department authorizes who find unattended vessels on public property or in public waters. The warning refers to the criminal consequences in subsection (d) of Code Section 52-7-72.1. An unattended vessel check checks that no injured or incapacitated person is aboard and that the vessel is not a threat to public health or safety, then a check card is attached. Only an officer or authorized person may attach a check card; anyone else who does so commits a misdemeanor. Officers must perform the check immediately after finding the vessel unless a check card is already displayed.

The act revises sections 52-7-71 and 52-7-72 on removal, storage, and notice for unattended or abandoned vessels. It covers peace officers, businesses that remove or store vessels, owners, and the Department of Natural Resources. Officers must check the criminal justice information system for stolen-vessel reports. People removing a vessel must seek the last registered owner's identity and notify the owner in writing, or advertise for two weeks if no owner is found. A person who does not provide required notices is not entitled to storage fees, and one who knowingly gives false information commits a misdemeanor. Stolen-vessel checks are due within 24 hours; notices to the department and owner use deadlines of 72 hours, three days, or seven days depending on the step.

The act revises section 52-7-72.1 to require a certified notice and to let the commissioner suspend or deny licenses of owners who fail to act. It covers owners who registered a vessel with the department and whose vessel is left in public waters or on public property and is not stolen. The notice must go out by certified or registered mail or statutory overnight delivery within seven calendar days of the department receiving the officer's notice. The commissioner may revoke, suspend, deny, or refuse to renew the owner's vessel certificate of number or commercial fishing boat license, and the state revenue commissioner may act on the owner's motor vehicle registration, until the owner restores and operates the vessel or removes it. The 30-day removal requirement does not apply for 36 months after a Governor's declaration of a natural disaster emergency affecting the vessel's location. The owner has 30 days after receiving the notice to remove the vessel. Notice is due within seven calendar days of the department's receipt.

The act adds criminal penalties and court-ordered restitution for failing to remove an abandoned vessel. It covers vessel owners who registered the vessel with the Department of Natural Resources. A court may also order restitution to the department for reasonable removal, storage, and disposal costs. The 30-day removal duty does not apply within 36 months of a Governor's declaration of a natural disaster emergency affecting the vessel's location. Penalties apply if the owner does not remove the vessel within 30 days of receiving the notice.