(A) The department, or a local law enforcement agency with jurisdiction, upon locating a vessel that is wrecked or junked, must determine whether the vessel has a visible identifier. (1) If the vessel has a visible identifier, then the department or local law enforcement agency must: (a) post a derelict vessel notice that contains the information provided in subsection (B); (b) take reasonable steps within twenty-four hours of the posting of the notice to identify the registered owner, and if identified, must provide written notice to the registered owner's last known address, and notice by telephone or e-mail, if known to the department. The notice must include, but is not limited to, the information provided on the derelict vessel notice and a brief description of the vessel's location; and (c) submit a derelict vessel report within twenty-four hours of the posting of the notice using the application or website maintained by the Department of Environmental Services under Section 50-21-290. (2) If the vessel does not have a visible identifier, then the department or local law enforcement agency must: (a) post an abandoned vessel notice that contains the information provided in subsection (C); and (b) submit an abandoned vessel report within twenty-four hours of the posting of the notice using the application or website maintained by the Department of Environmental Services under Section 50-21-290. (B) A derelict vessel notice posted in accordance with this section must provide at least: (1) a citation to this article; (2) the date the notice is posted; (3) a statement that the vessel must be removed within twenty-one days from the date the notice is posted, or it will be declared a derelict vessel and be subject to removal and disposal by any person; and (4) the date the vessel will be declared a derelict vessel. (C) An abandoned vessel notice posted in accordance with this section must provide at least: (1) a citation to this article; (2) the date the notice is posted; (3) a statement that the vessel must be removed within ten days from the date the notice is posted, or it will be declared an abandoned vessel and be subject to removal and disposal by any person; and (4) the date the vessel will be declared an abandoned vessel. (D) A vessel that is listing or taking on water at the time a notice is to be posted on the vessel may be relocated by the department or a local law enforcement agency without liability to a responsible party.
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