ABANDONED VESSELS

John Spillane, our Legal Counsel, has been asked to look into strengthening current state Statutes on vessels that have been abandoned in the storage yard or facility.

Maine has a 1993 law which is fairly extensive but the boatyard or marina has to return any balance to the boat’s owner after all expenses are deducted.

Indiana has just passed a similar law allowing a marina to auction a vessel that has been left without permission for six months. The marina operator shall provide the purchaser at the auction with the affidavit of sale. Proceeds again go to any lien holders after deducting any charges owed the marina, plus reasonable expenses of the sale.

Maryland had a bill proposed that pertained to abandoned vessels which was vetoed by the Governor. Obviously this problem is nationwide and will be closely studied.

“LEMON” LAW

A Senate Bill in Massachusetts pertaining to boats, is reported as “dead” for the current session. Most other bills of interest to the MMTA have been put to study so won’t come up this session.

DEALER’S FRANCHISE

A Bill that was strongly opposed by NMMA, was recently signed into law by Georgia's Governor to take affect on July 1, 2001. This is a so-called franchise law which will govern termination of any such agreement. Basically the manufacturer must give the dealer 90 days notice of such termination and repurchase the inventory if the dealer so desires.

Similar Bills have been introduced in Mass. but not passed. Perhaps this is a wave of the future!

NO-DISCHARGE ZONE

On June 22, the Three Bay/Centerville Harbor Area became a “No Discharge Area” where the discharge from vessels of any sewage is prohibited. The area includes Cotuit Bay, West Bay, East Bay, and Squaw Island Marsh, or about 2,150 acres in the Southwest corner of the Town of Barnstable. Buzzards Bay is currently also a no-discharge zone.

BoatUS and others are promoting the approval of Type I MSDs in some such areas. Part of their argument is the lack of “operable”, or inaccessible pumpout stations. House Bill H.R. 1730 would approve the Type I devices.