PROPOSED RULEMAKING
[58 PA. CODE CH. 93]
Boating
[27 Pa.B. 4445] The Fish and Boat Commission (Commission) proposes to amend Chapter 93 (relating to boat registration and numbering). The Commission is proposing these amendments under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments deal with boat registration.
A. Effective date
These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1998, or upon publication of an order adopting the final-form regulations, whichever occurs later.
B. Contact person
For further information on the proposed changes, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546), P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory authority
These proposed amendments are published under the statutory authority of section 5122 of the code (relating to registrations, licenses, permits, plates and statistics).
D. Purpose and background
The proposed amendments are designed to update, modify and improve Commission regulations pertaining to boat registration. The specific purpose of the various proposed amendments is described in more detail under the summary of proposal.
E. Summary of proposal
1) Section 93.1 (relating to registration). The change clarifies the existing regulation to provide that 1-year registrations will not be issued.
2) Section 93.2 (relating to permanent and temporary registration). In addition to some minor wording changes, it is proposed that this section be amended to make it clear that a person acquiring a previously registered boat must register it in the new owner's name and to provide that temporary decals will display the expiration date, instead of the issuance date, and that the expiration date will be last day of the second month after issuance. For boats previously registered in this Commonwealth, it is proposed to clarify the regulations to require that temporary and new registration stickers be displayed.
3) Section 93.3 (relating to application for boat registration). The Commission proposes amending this section to make it consistent with the titling regulations and to improve its clarity. In addition, it is proposed to make it clear that the holder of a registration who trades or replaces his previously registered boat may transfer the remaining period of registration (but not the number) to the new boat on the payment of the $5 transfer fee. The Commission is also proposing to spell out the procedures to be used when the last known registrant of a boat with expired registration has not signed the forms to transfer the boat to the applicant for registration.
4) Section 93.4 (relating to certificate of registration). The Commission proposes that a small validation sticker be applied to the certificate of registration. To validate the registration, the certificate will have to be signed (as presently required) and the small sticker applied. A similar approach is used in Maryland.
5) Section 93.7 (relating to duplicate certificate of registration). The Commission proposes a clarifying change in the regulation on duplicate registration certificates.
6) Section 93.10 (relating to change of address). It is proposed that the regulation be clarified to provide that change of address notifications be made in writing.
7) Section 93.12 (relating to dealers, manufacturers and jobbers). In a change suggested by the Bureau of Law Enforcement, it is proposed to clarify the definition of manufacturers. In addition, a change is proposed to deal with the registration status of boats traded in to dealers.
8) Section 93.13 (relating to issuing agents). A provision has been proposed which clarifies issuing agents' responsibilities for handling of nonpublic information about persons registering boats.
9) Section 93.14 (relating to proof of ownership). The Commission proposes to clarify the requirements on proof of ownership of boats for initial registration and to require submission of a Form PFBC-734, instead of an affidavit, when other documentation is not available.
10) Section 93.17 (relating to abandoned boats). This proposed provision, modeled on a similar provision in the titling regulations, sets forth how an applicant can obtain registration for an abandoned boat.
The Commission approved the publication of a notice of proposed rulemaking, containing these changes. The Commission's staff will solicit the advice of the Boating Advisory Board concerning the proposed changes so that the Commission may consider the Board's input prior to acting on final rulemaking.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, PA Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-70. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart C. BOATING
CHAPTER 93. BOAT REGISTRATION AND NUMBERING § 93.1 Registration.
(a) [Boat] With the exception of a ''Manufacturer/Dealer/Jobber'' registration certificate, which is valid for 1 year, and a ''State Owned'' registration certificate, which is valid until the removal of the property from inventory, all other boat registration certificates issued under this chapter are valid for a period not exceeding 2 years. The Commission will not issue 1-year registration certificates except to ''Manufacturer/Dealer/Jobbers.'' The registration period expires on March 31 of the second year following issuance.
(b) [The] Except for Manufacturers/Dealer/Jobber registrations, the fee for the registration will be twice the annual registration fee as set forth in the code.
* * * * * (d) The Commission ordinarily relies solely on the information submitted by an applicant to show that the applicant is the true and lawful owner of the boat for which registration is sought. Issuance of a boat registration does not constitute an adjudication or finding with respect to ownership of the boat. However, the Commission will defer issuance of a new or renewal registration for any boat after it receives written notice of the existence of a reasonable dispute as to the ownership of a boat. The parties who dispute the ownership of the boat shall be responsible to obtain a determination of ownership from an appropriate civil forum or by settlement and to notify the Commission, in writing, of the determination.
§ 93.2. Permanent and temporary registration.
(a) Boat not previously registered in this Commonwealth.
(1) A person acquiring a boat which has not been previously registered in the person's name in this Commonwealth shall complete an application for boat registration as set forth in § 93.3 (relating to application for boat registration). The applicant will receive a copy of the completed application [, signed by the issuing agent,] which will be recognized as the boat's certificate of registration for a period [not to exceed 60 days from the date of issuance] specified in subsection (d). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent [which will be valid for 60 days from the date of issuance] who will enter the expiration date (month/year), calculated in accordance with subsection (d), on the decal. [The issuing agent shall indicate the date of issue on the temporary validation decals.] Before the boat is operated, these temporary validation decals shall be displayed on each side of the bow--the front half--of the boat in a position to provide for maximum visibility.
* * * * * (b) Boat previously registered in this Commonwealth but having expired registration.
(1) A person acquiring a boat which has been previously registered in another person's name in this Commonwealth and possesses an expired registration shall complete an application for boat registration as set forth in § 93.3. The applicant will receive a copy of the completed application [, signed by the issuing agent,] which will be recognized as the boat's certificate of registration for a period [not to exceed 60 days from the date of issuance] specified in subsection (d). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent [which will be valid for 60 days from the date of issuance] who will enter the expiration date (month/year), calculated in accordance with subsection (d), on the decal. [The issuing agent shall indicate the date of issue on the temporary validation decals.] Before the boat is operated, these temporary validation decals shall be displayed on each side of the bow--the front half--of the boat in a position to provide for maximum visibility. If the boat is displaying expired validation decals, the owner or operator shall remove the expired validation decals and replace them with the temporary validation decals. The previously assigned registration number currently on the boat will remain with the boat as long as the boat is registered in this Commonwealth.
* * * * * (c) Boat previously registered in this Commonwealth having current registration.
(1) A person acquiring a boat which has been previously registered in another person's name in this Commonwealth [and is] displaying current biannual validation decals shall complete an application for boat registration as set forth in § 93.3. The applicant will receive a copy of the completed application [, signed by the issuing agent,] which will be recognized as the boat's certificate of registration for a period [not to exceed 60 days from the date of issuance] specified in subsection (d). This temporary certificate of registration shall be carried on the boat when the boat is in operation and shall be available for inspection by an authorized officer. The new owner will receive a set of temporary validation decals from the authorized issuing agent who will enter the expiration date (month/year), calculated in accordance with subsection (d), on the decal. Before operating the boat on the waters of this Commonwealth, the owner or operator shall remove the prior validation decals and replace them with the temporary validation decals. The previously assigned registration number will remain with the boat as long as the boat is registered in this Commonwealth. It is unlawful for a person acquiring a boat described in this subsection to operate the boat on the waters of this Commonwealth until the registration is transferred to the new owner as provided in this section.
[(2) A person who applies for boat registration for a boat displaying current biannual validation decals in the person's name up until October 1 of the first year of the biannual registration cycle will not receive new biannual validation decals but will receive a new biannual certificate of registration card from the Commission which shall be carried onboard the boat while it is being operated. The current biannual validation decals on the boat will be valid.
(3) A person who applies for boat registration for a boat displaying current biannual validation decals in the person's name between October 1 of the first year of the biannual registration cycle and October 1 of the second year of the biannual registration cycle will receive from the Commission new biannual validation decals that will extend the current boat registration by 1 year. Upon receipt of the new biannual registration decals, the owner or operator shall remove the biannual validation decals currently on the boat and replace them with the new biannual validation decals provided by the Commission. The biannual validation decals shall be displayed in accordance with § 93.5. The new owner will also receive from the Commission a new biannual certificate of registration card which shall be carried onboard the boat while it is being operated.
(4) A person who applies for boat registration for a boat displaying a current biannual validation decal after October 1 of the second year of the biannual registration cycle will receive from the Commission new biannual validation decals that will extend the current boat registration by 2 years. Upon receipt of the new biannual validation decals, the owner or operator shall remove the biannual validation decals currently on the boat and replace them with the biannual validation decals provided by the Commission. The biannual validation decals shall be displayed in accordance with § 93.5. The new owner will also receive from the Commission a new biannual certificate of registration card which shall be carried onboard the boat while it is being operated.]
(2) The Commission will send the registrant biannual validation decals and a new biannual certificate of registration. The registrant shall display the new biannual validation decals in accordance with § 93.5 and shall carry the registration card onboard the boat while it is operating. In determining the expiration date of the new biannual registration, the Commission will use the following guidelines:
(i) Application received on or before September 30 of the first year of the biannual registration cycle: New validation expires at the end of the current registration cycle.
(ii) Application received between October 1 of first year of the biannual registration cycle and September 30 of the second year of the cycle: New validation expires at the end of the next registration cycle.
(iii) Application received after October 1 of the second year of the biannual registration cycle: Validation expires after 2 years.
(d) Temporary decals. [The temporary validation decals are color coded to indicate the year for which they are valid.] The temporary validation decals are valid [for only 60 days from] until the last day of the second month after the date of issuance [on] of the decal, which date will be not less than 60 nor more than 90 days after issuance of the decal. The owner or operator shall ensure that the temporary validation decals are removed and the biannual validation decals, when received from the Commission, are displayed in place of the temporary validation decals. The temporary validation decal shall display the date on which it expires in the following format: ''Expires last day of (month)/(year).'' The authorized issuing agent shall enter the expiration date (month/year) on the decal.
§ 93.3. Application for boat registration.
(a) New registration. Application for a boat registration for a new boat or a used boat that was not previously registered in this Commonwealth shall conform with the following:
(1) Forms. The owner of a boat desiring registration shall apply on Form REV-336, provided by the Commission. The completed form shall be forwarded to the Fish and Boat Commission, [; Boat Registration Division; Post Office Box 68900, Harrisburg, PA 17106-8900] Licensing and Registration Section.
(2) Required information. The applicant shall provide the following information on the application (REV-336) for a boat registration:
* * * * * (ii) The name [and address of the former owner] of the person from whom the boat was purchased.
(iii) The state registration number, if any, currently assigned to the boat.
* * * * * (v) The full hull identification number (HIN).
* * * * * (vii) The length of the boat [to the nearest half-foot] in feet and inches.
(viii) The type of propulsion, such as, outboard, inboard [or other], sterndrive or unpowered.
* * * * * (xii) [A statement as to use, for example: pleasure, rental business, jobber/dealer, manufacturer, commercial-passenger, commercial-fishing, commer- cial-other or other] The primary usage such as, pleasure, rental/livery, manufacturer/dealer/jobber, commercial passenger, and the like.
* * * * * (xvii) The date of birth of the primary registrant.
* * * * * (5) Incomplete or incorrect applications will not be processed until completed and may be returned by the Commission to the applicant or issuing agent.
(b) Renewals. Only [Form PFC] Forms PFBC-730a and PFBC-733 shall be used to renew registrations of boats which are being kept by the same owner. If the registration has lapsed, the owner shall obtain Form [PFC] PFBC-730a or PFBC-733 from the [Boat Registration Division] Licensing and Registration Section of the Commission to renew the lapsed registration.
(c) [Transfers] Previously registered boats. Application for a certificate of registration for a boat previously registered in this Commonwealth shall conform with the following:
* * * * * (2) A bill of sale, signed by the last registered owner, may be substituted for the required signatures on REV-336 [or the purchaser may complete the PFC-734 ''Statement of Purchase'' form].
(3) If the registered owner of a boat to be transferred is deceased, the personal representative (executor/administrator) of the decedent shall sign Form REV-[366] 336 for the [last registered owner] deceased owner. The personal representative shall indicate his capacity with his signature and shall provide documentation--an original death certificate and letters testamentary [or similar documentation], letters of administration, original short certificate, court order filed under small estates procedurs or Form PFBC-R1 --certifying his capacity to act on behalf of the decedent's estate. An original death certificate is not required if Form PFBC-R1 is signed by the attending physician or funeral director. If the boat registration is to be transferred from joint ownership, when one of the joint owners is deceased, the other joint owner shall present the original death certificate to effect the transfer.
(4) When an applicant seeks to register a boat having an expired registration and the last registered owner has not signed the REV-336 or bill of sale because he is not the seller of the boat, the Commission will, prior to processing the application for registration, notify the last registered owner at his last known address that the applicant is seeking to register the boat. If the last registered owner claims an ownership interest in the boat and objects to the transfer of the registration to the applicant, the Commission will defer further processing until the parties resolve the ownership issues through established civil processes. If the last registered owner does not object to the transfer or fails to respond to the notice after 30 days, the Commission may process the request for registration if it is otherwise satisfied that the applicant is the true and lawful owner of the boat and entitled to registration.
(d) Transfer of registration to new boat. The holder of a valid Pennsylvania registration certificate on a boat previously owned by him may transfer the registration certificate for the remainder of the original boat's registration period to a new boat upon payment of the transfer fee for multiyear registrations as set forth in the code and submission of a complete Form PFBC R-4. If the registration fee for the new boat is greater than the registration fee for the old boat based on the length of the boat, the applicant shall also pay the difference between the registration fees for the new and old boat. The applicant shall submit the certificate of registration for the old boat and certify that the validation stickers have been removed from the old boat at the time of transfer. The old boat's number shall remain with the old boat, and the new boat shall be issued a new number unless it was previously numbered in this Commonwealth.
§ 93.4. Certificate of registration.
(a) The owner shall sign the certificate of registration, Form [PFC] PFBC-730b, in ink and place a numbered, registration certificate validation sticker on the reverse side of the certificate to validate the registration. A registration certificate is not valid unless a sticker is applied.
* * * * * § 93.7. Duplicate certificate of registration.
The Commission will issue a duplicate certificate of registration upon receipt of Form [PFC] PFBC-730a or Form [PFC] PFBC-732 from the registered owner and payment of the appropriate fee. The Commission will not issue the numbered registration certificate validation sticker for duplicate registrations, but the lack of the sticker will not affect the validity of a duplicate registration certificate.
§ 93.10. Change of address.
The owner shall notify the Commission, in writing, within 15 days after a change of address. The original certificate of registration shall be retained for use until a new certificate is issued.
§ 93.12. Dealers, manufacturers and jobbers.
* * * * * (d) A manufacturer is a person or business engaged in building, testing, or constructing boats or boat parts from raw material or parts. To be eligible for a manufacturer's registration, an applicant shall demonstrate to the satisfaction of the Commission that the applicant is regularly engaged in the business of manufacturing or testing boats or boat parts for sale.
* * * * * (g) Boat dealers, jobbers or manufacturers who take in trade a boat bearing previous Pennsylvania boat registration are required, within 15 days of obtaining the boat, to place the boat under under the dealer/jobber/manufacturer's dealer registration. The dealer, jobber or manufacturer shall complete Form 336 and forward it to the Boat Registration Section. No fee is applicable to a transaction when dealers place boats taken in trade under its dealer registrations. It is unlawful for a boat dealer, jobber or manufacturer to operate or allow to be operated a boat received in trade bearing Pennsylvania boat registration until the boat is placed under its dealer registration under this subsection.
§ 93.13. Issuing agents.
* * * * * (c) If [an agent is] the Executive Director determines that a sufficient number of agents are not available in an area [which meets subsection (a) or (b), the Executive Director] reasonably to address the needs of the boating public, the Executive Director may appoint [an agent] additional agents from other interested individuals [if the appointment is in the best interest of the boating public] or reduce the number of temporary boat registrations that existing agents are required to issue during the year.
(d) Issuing agents shall have access to nonpublic information concerning holders of boat registrations and titles, including their home addresses. Issuing agents who are provided nonpublic information about boat registration holders or boat owners in the course of their duties may not release or disclose the nonpublic information except for official purposes.
§ 93.14. Proof of ownership for initial registration.
(a) Proof of ownership for initial registration shall be established by a manufacturer's certificate of origin indicating transfer of ownership from the manufacturer, distributor or dealer to the applicant if the boat was manufactured after January 1, 1993. When registering a new boat for the first time, the original manufacturer's certificate of origin shall be attached to the Form REV-336 and submitted to the Commission.
(b) If a manufacturer's certificate of origin is not available, proof of ownership shall be established by one of the following:
* * * * * (c) If [the requirements of subsections (a) and (b) are not available] neither a manufacturer's certificate of origin nor the documents described in subsection (b) are available, the applicant shall submit [an executed affidavit] an executed Form PFBC-734 (Affidavit of Purchase/Ownership) fully setting forth the facts to support the applicant's claim of ownership in the boat. [Affidavits for materials used in the construction of] Applications seeking to prove ownership of homemade boats shall be supported with bills of sale for the major components of the boat. Affidavits are executed under penalty of law.
* * * * * (e) This section applies to initial registration of a boat. It does not apply to registration of boats previously or currently registered in this Commonwealth.
§ 93.17. Registration of abandoned boats
(a) Policy. Before registering a boat, the Commission must be satisfied that the applicant for registration has sufficient ownership interest in the boat to qualify for registration. Requests to register boats found abandoned on private property and Commonwealth waters present particular problems. It is the policy of the Commission to register these boats only if the applicant demonstrates ownership by taking the steps described in this section and complies with other applicable law and regulations
(b) Boats abandoned on private property. Subject to the following, a landowner, his lessee or his agent may register a boat that has been abandoned on his land or the waters immediately adjacent to his land for at least 3 months.
(1) A person desiring to register an abandoned boat in his name shall provide written notice to the Commission of his intent to register the boat. The notice shall, at a minimum, set forth the date and place the boat was found, a description of the boat, including the make, model and year, and, if known, the hull identification number, registration number, temporary decal number and other identifying data. The person desiring to register an abandoned boat may provide written notice to the Commission by completing Form PFBC-R2, ''Notice of Intent to Register Boat Abandoned on Private Property'' and mailing the form to the Commission.
(2) If a boat abandoned on a person's land or waters has a hull identification number, registration number, temporary decal number or other identifying indicia, the Commission will notify the last registrant of the boat that the boat has been abandoned and that the requester desires to register the boat in his name.
(3) Upon receipt of the written request, the Commission will notify the last registrant by certified mail that someone desires to register the boat in his name and if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, register the boat in the name of the person desiring to register it.
(i) The notice shall:
(A) Describe the make, model, hull identification number and registration number of the boat.
(B) State the location where the boat is being held.
(C) Inform the registrant of his right to reclaim the boat within 30 days after the date of the notice upon payment of all registration fees and other applicable charges.
(D) State that failure of the registrant to reclaim the boat is deemed consent to the registration of the abandoned boat in the name of the requester with dissolution of all interests of the prior registrant.
(ii) If the last known registrant does not respond, the Commission may notify the requester to proceed under paragraph (4). The Commission is not required to send a letter if it cannot identify the boat's last registrant or ascertain an address. If the abandoned boat has a registration number, temporary decal number or other identifying indicia, evidencing that the boat is registered in another state, the Commission will notify the other state and ask it to notify the boat's last registrant by certified mail that someone desires to register the boat in his name. The other state's notice shall provide that if ownership is not claimed and the boat removed within 30 days, the Commission may, upon proper application and payment of fees, register the boat in the name of the person desiring to register it. The other state is not required to send a letter if it cannot identify the boat's last registrant or ascertain an address. When the other state notifies the registrant, if known, as provided in this section and advises the Commission that the transfer of registration to the requester is unobjectionable to the other state, the Commission may notify the requester to proceed under paragraph (4).
(4) Regardless of whether the abandoned boat has a hull identification number, registration number, temporary decal number or other identifying indicia, the person desiring to register the boat in his name shall place a notice in a newspaper of general circulation published in the county where the boat is located for 3 consecutive days. The notice shall describe the boat, its location, the date it was abandoned and any identifying number. The person also shall state in the notice that if the boat is not claimed and removed within 30 days after publication in the newspaper, the person will apply for registration of the boat in his name.
(5) After the notices described in paragraphs (3) and (4) have expired, but no earlier than 60 days after the person desiring registration has first notified the Commission, the person may apply to the Commission for registration of the boat in his name.
(i) The application shall be accompanied by the following items:
(A) A statement made under penalty of law that the boat has been abandoned for at least 3 months.
(B) Proof that the applicant provided notices as set forth in this section.
(C) Proof that a notice was published in a newspaper as required by paragraph (4).
(ii) In cases involving boats registered in other states, the Commission may extend the 60-day period described in paragraph (5) to 180 days.
(6) Upon receipt of the required materials and the payment of fees required by law, the Commission will register the boat in the name of the applicant.
(7) The Commonwealth, its agencies and political subdivisions may register any boat abandoned on areas under their ownership by proceeding in the manner set forth in this section.
(c) Boats abandoned on Commonwealth waters. A person finding a boat abandoned on the waters of this Commonwealth (not private property) shall notify the Commission of the description and location of the boat as well as the date on which it was found. A person may notify the Commission by completing Form PFBC-R3, ''Notice of Abandoned Boat Found on Commonwealth Waters'' and mailing the form to the Commission.
(1) The Commission may take possession of a boat abandoned on the waters of this Commonwealth or may authorize a salvor to take possession provided the salvor complies with these provisions, is a vehicle salvage dealer as defined in 75 Pa.C.S. § 1337 (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).
(2) Any salvor taking possession of a boat under this section shall notify the Commission in writing within 48 hours after taking possession.
(3) The Commission, after taking possession of an abandoned boat or after receiving notice that a salvor has taken possession of an abandoned boat, shall notify by certified mail, return receipt requested the last known registrant of the boat. The notice shall:
(i) Describe the make, model, hull identification number and registration number of the boat.
(ii) State the location where the boat is being held.
(iii) Inform the registrant of his right to reclaim the boat within 30 days after the date of the notice upon payment of all towing and storage charges and all registration fees.
(iv) State that failure of the registrant to reclaim the boat is deemed consent to the destruction, sale or other disposition of the abandoned boat with dissolution of all interests of the registrant.
(4) If the identity of the last registrant cannot be determined, the contents of the notice described in paragraph (3) shall be published three times in a newspaper of general circulation in the area where the boat was found abandoned. If the boat is in possession of a salvor, publication of the notice shall be the responsibility of the salvor. If the boat is in possession of the Commission, publication of the notice is the responsibility of the Commission. Publication of the notice shall have the same effect as the notice sent by certified mail.
(5) The Commission, after 45 days of the date of notice sent by certified mail described in paragraph (3) or publication of the notice described in paragraph (4), may dispose of the boat if it is in its possession or may authorize the salvor to dispose of the boat in its possession as provided in paragraph (6) or (7).
(6) The Commission, if in possession of the unclaimed abandoned boat, or the salvor, if in possession of the unclaimed abandoned boat, may sell the boat at public auction if it has value. From the proceeds of the sale of the abandoned boat, the Commission or the salvor, as applicable, shall be reimbursed for the costs of towing, storage, notice, publication, mailing and costs of the auction. The remainder of the proceeds of the sale shall be forwarded to the Commission, which will hold them for 60 days from the date of sale for claim by the registrant. If the proceeds are not so claimed, they shall be deposited in the boat fund for use of the Commonwealth.
(7) If an unclaimed abandoned boat is valueless except for salvage, the salvor in possession shall apply to the Commission for registration, and upon issuance of the same, the salvor may destroy, dismantle, salvage or recycle the boat and retain any proceeds realized therefrom to offset the costs of towing, storage, notice, publication and mailing.
[Pa.B. Doc. No. 97-1395. Filed for public inspection August 29, 1997, 9:00 a.m.]
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