Section R12-4-507. Transfer of Ownership of an Abandoned or Unreleased Watercraft

A.      A person who has knowledge and custody of a watercraft abandoned on private property owned by that person may attempt to obtain ownership of the watercraft by way of the abandoned watercraft transfer process.

B.       The last registered owner of an abandoned or unreleased watercraft is presumed to be responsible for the watercraft, unless the watercraft is reported stolen.

C.      The operator of a self-storage facility located in this state and having a possessory lien shall comply with the requirements prescribed under A.R.S. Title 33, Chapter 15, Article 1 when attempting to obtain ownership of a watercraft abandoned while in storage.

D.      A person having a possessory lien under a written rental agree- ment shall comply with the requirements prescribed under

A.R.S. Title 33, Chapter 7, Article 6 when attempting to obtain ownership of a watercraft for which repairs or service fees remain unpaid.

E.       Only a person acting within the scope of official duties as an employee or authorized agent of a government agency may order the removal of a watercraft abandoned on public prop- erty or a public waterway.

F.       A person seeking ownership of an abandoned or unreleased watercraft shall submit an application to the Department. The application is furnished by the Department and available at any Department office. The application shall include the fol- lowing information, if available:

1.        Hull identification number, unless exempt under R12-4- 505;

2.        Registration number;

3.        Decal number;

4.        State of registration;

5.        Year of registration;

6.        Name, address, and daytime telephone number of the per- son who found the watercraft;

7.        For abandoned watercraft:

a.         Address or description of the location where the watercraft was found,

b.        Whether the watercraft was abandoned on private or public property, and

c.         When applicable, for watercraft abandoned on pri- vate property, whether the applicant is the legal owner of the property;

8.        Condition of the watercraft: wrecked, stripped, or intact;

9.        State in which the watercraft will be operated;

10.     Length of time the watercraft was abandoned;

11.     Reason why the applicant believes the watercraft is aban- doned; and

12.     Signature of the applicant, acknowledged before a Notary Public or witnessed by a Department employee.

G.      This state and its agencies, employees, and agents are not lia- ble for relying in good faith on the contents of the application.

H.      The Department shall attempt to determine the name and address of the registered owner by:

1.        Conducting a search of its watercraft database when doc- umentation indicates the watercraft was previously regis- tered in this state, or

2.        Requesting the watercraft record from the other state when documentation indicates the watercraft was previ- ously registered in another state.

I.        If the Department is able to determine the name and address of the registered owner, the Department shall send written notice of the applicant’s attempt to register the watercraft to the owner by certified mail, return receipt requested.

1.        If service is successful or upon receipt of a response from the registered owner, the Department shall send the fol- lowing written notification to the applicant, as appropri- ate:

a.         If the registered owner provides a written release of interest in the watercraft, the Department shall mail the release of interest and an abandoned or unre- leased watercraft approval letter to the applicant. The applicant shall apply for watercraft registration in compliance with the requirements established under R12-4-502.

b.        If the registered owner provides written notice to the Department refusing to release interest in the water- craft, the Department shall notify the applicant of the owner’s refusal. The Department shall not regis- ter the watercraft to the applicant unless the appli- cant provides proof of ownership and complies with the requirements established under R12-4-502.

c.         If the registered owner does not respond to the notice in writing within 30 days from the date of receipt, the Department shall notify the applicant of the owner's failure to respond. The Department shall not register the watercraft to the applicant unless the applicant provides proof of ownership and complies with the requirements established under R12-4-502;

d.        If the registered owner does not respond to the notice within 180 days from the date of receipt of the notice, this failure to act shall constitute a waiver of interest in the watercraft by any person having an interest in the watercraft, and the watercraft shall be deemed abandoned for all purposes. The Depart- ment shall mail an abandoned or unreleased water- craft approval letter to the applicant. The applicant shall apply for watercraft registration in compliance with the requirements established under R12-4-502.

2.        If the written notice is returned unclaimed or refused, the Department shall notify the applicant within 15 days of the notice being returned that the attempt to contact the registered owner was unsuccessful.

J.        If the Department is unable to identify or serve the registered owner, the Department shall publish a notice of intent once in a newspaper or other publication of general circulation in this

state within 45 days of the Department’s notification to the applicant as provided in subsection (I)(2).

1.        The published notice shall include a statement of the Department’s intent to transfer ownership of the water- craft ten days after the date of publication, unless the Department receives notice from the registered owner refusing to release interest in the watercraft within that ten day period following publication.

2.        Upon request, the Department shall make available to the public a description of the abandoned or unreleased watercraft subject to transfer of ownership.

3.        If the watercraft remains unclaimed after the ten day period, the Department shall mail an abandoned or unre- leased watercraft approval letter to the applicant. The applicant shall apply for watercraft registration in compli- ance with the requirements established under R12-4-502.

K.      A government agency may submit an application for authori- zation to dispose of a junk watercraft abandoned on state or federal lands or waterways. The application is furnished by the Department and is available at any Department Office. Upon receipt of the application, the Department shall attempt to determine the name and address of the registered owner. If the Department is unable to identify and serve the registered owner, the Department shall publish a notice of intent to authorize the disposal of the junk watercraft as described in subsection (J).

1.        The published notice shall include a statement of the Department’s intent to authorize the disposal of the watercraft ten days after the date of publication, unless the Department receives notice from the registered owner refusing to release interest in the watercraft within that ten day period following publication.

2.        If the watercraft remains unclaimed after the ten day period, the Department shall mail an authorization to dis- pose of the junk watercraft to the government agency. The government agency may dispose of the abandoned watercraft and all indicia for that watercraft in any man- ner the agency determines expedient or convenient.

Historical Note

Adopted effective May 27, 1992 (Supp. 92-2). Amended by final rulemaking at 8 A.A.R. 3025, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 9

A.A.R. 1613, effective July 5, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 4511, effec- tive February 2, 2008 (Supp. 07-4). Amended by final

rulemaking at 19 A.A.R. 597, effective July 1, 2013

(Supp. 13-1).