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Legal Dictionary
  • Abandonment of Barges Act
Abandonment of Barges Act
The Abandonment of Barges Act (“Act”) is a federal legislation that states that an owner or operator of a barge may not abandon it on the navigable waters of the U.S. It is established pursuant to 46 USCS § 4703. In the following cases, a barge is deemed not to be abandoned if: 1. it is located at a federally or state approved mooring area; 2. it is on private property with the permission of the owner of the property. The Secretary may remove a barge that is abandoned after complying with the following procedures: (A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail-- (i) that if the barge is not removed it will be removed at the owner's or operator's expense; and (ii) of the penalty under section 4703 []. (B) If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in-- (i) a notice to mariners; and (ii) 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 Secretary of Commerce (“Secretary”) may remove a barge that is abandoned after complying with the following procedures: 1. If the identity of the owner or operator can be determined; 2.if the barge is not removed it will be removed at the owner's or operator's expense. If the identity of the owner or operator cannot be determined, the Secretary publishes an announcement through the following : 1. a notice to mariners; and 2. 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.