CHAPTER 47 - ABANDONMENT OF VESSELS
Title 46 > CHAPTER 47
Sections (8)
§ 4701 Definitions
In this subchapter— “abandon” means to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons as measured under section 14502 of this title , or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title unattended for longer than forty-five days. “barge removal contractor” means a person that enters into a contract with the United States to remove an abandoned barge under this subchapter. “navigable waters of the United States” means waters of the United States, including the territorial sea. “removal” or “remove” means relocation, sale, scrapping, or other method of disposal. (Added Pub. L. 102–587, title V, § 5302 , Nov. 4, 1992 , 106 Stat. 5081 ; amended Pub. L. 104–324, title VII, § 718 , Oct. 19, 1996 , 110 Stat. 3937 ; Pub. L. 119–60, div. G, title LXXIII, § 7347(c)(1) , Dec. 18, 2025 , 139 Stat. 1781 .)
§ 4702 Abandonment of barge prohibited
An owner or operator of a barge may not abandon it on the navigable waters of the United States. A barge is deemed not to be abandoned if— it is located at a Federally- or State-approved mooring area; it is on private property with the permission of the owner of the property; or the owner or operator notifies the Secretary that the barge is not abandoned and the location of the barge. (Added Pub. L. 102–587, title V, § 5302 , Nov. 4, 1992 , 106 Stat. 5082 ; amended Pub. L. 109–304, § 15(18) , Oct. 6, 2006 , 120 Stat. 1703 .)
§ 4703 Penalty for unlawful abandonment of barge
Thirty days after the notification procedures under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is assessed under this subchapter is liable in rem for the penalty. (Added Pub. L. 102–587, title V, § 5302 , Nov. 4, 1992 , 106 Stat. 5082 ; amended Pub. L. 119–60, div. G, title LXXIII, § 7347(c)(2) , Dec. 18, 2025 , 139 Stat. 1781 .)
§ 4704 Removal of abandoned barges
(a) The Secretary may remove a barge that is abandoned after complying with the following procedures: If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail— that if the barge is not removed it will be removed at the owner’s or operator’s expense; and of the penalty under section 4703. If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in— a notice to mariners; and an official journal of the county in which the barge is located that if the barge is not removed it will be removed at the owner’s or operator’s expense. The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned barge under this subchapter.
(b) The owner or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge under this subchapter.
(c) The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned barge. After solicitation under paragraph (1) the Secretary may award a contract. The contract— may be subject to the condition that the barge and all property on the barge is the property of the barge removal contractor; and must require the barge removal contractor to submit to the Secretary a plan for the removal. Removal of an abandoned barge may begin thirty days after the Secretary completes the procedures under subsection (a)(1).
§ 4705 Liability of barge removal contractors
(a) A barge removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a barge under this subchapter.
(b) Subsection (a) does not apply— with respect to personal injury or wrongful death; or if the contractor or subcontractor is grossly negligent or engages in willful misconduct.
§ 4710 Definitions
In this subchapter: The term “abandon” means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. The term “covered vessel” means a vessel that is not a barge to which subchapter I applies. 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 ). 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 .)
§ 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.— With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall— 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 notify such owner— of the penalty described in subsection (c); and 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. The Commandant shall provide the notice required under subparagraph (A)— if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard. 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.— 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). The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1). 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— such vessel is located at a federally approved or State approved mooring area; such vessel is located on private property with the permission of the owner of such property; the owner or operator of such vessel provides a notification to the Commandant that— indicates the location of the vessel; indicates that the vessel is not abandoned; and contains documentation proving that the vessel is allowed to be in such location; or the Commandant determines that such an abandonment determination would not be in the public interest.
§ 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— 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); 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).