Boats differ from ships in many ways. It all depends on who you ask. If you ask a naval architect, they might tell you that ships heel outward from the center of a turn, while small boats tend to heel inward. If you ask the second officer of a 50,000-ton chemical tanker with an aft summer draft of 35 feet, they might tell you they can claim privileged vessel designation under the COLREGs in tight quarters in ways that are virtually irrelevant for a 13’ Boston Whaler, such as being constrained by draft. However, there’s another big way in which boats differ from ships, and this is in the legal issues that arise for their disposal.
Since large ships are usually constructed of steel, they have historically offered value to recycling shipyards, whether they were once nameless, repurposed cruise ships from the 1960s, or exceptional ocean liners from the 1930s like SS Normandie, scrapped in Port Newark following her catastrophic fire in 1943 on the Hudson at Pier 88. In contrast, a 1973 Morgan Out Island 41 run into the ground by a hard life of charter service offers far less value to recyclers… where some may even see it as a liability.
In the past, irresponsible owners sometimes simply walked away from a boat. Overwhelmed by the actual expenses that come with ownership, such as storage, maintenance, and repairs, they simply stuck their head in the sand like an ostrich. They might have gotten an angry phone call one day when their boat washed up on some shore, despite seeing themselves as clever for grinding away the registration numbers.
Today, with falling prices and diminishing options, knowledgeable owners who like to think of themselves as being responsible have walked away from boats, sometimes rationalizing their decision as a necessity to avert financial ruin, or sometimes simply as a culmination of poor communications. It didn’t happen overnight. It started with no longer being able to find a willing insurance carrier for their fifty-year-old boat. Then their marina let them go. Six months on a brokerage site turned into two years. Charities and foundations were not interested in the boat as a donation.
Legally, abandoning a boat can have criminal and civil consequences. The Rivers and Harbors Act, 33 U.S.C. § 409, makes it unlawful to sink or permit the sinking of a vessel in a navigable channel. Such a vessel must be marked with a buoy during the day and a light at night, with prompt removal being required. It is considered abandonment to fail to remove such a vessel, resulting in criminal fines up to $25,000 per day and civil liability for removal and clean-up costs.
The U.S. Army Corps of Engineers can enforce these provisions. The violations can also be prosecuted by U.S. Attorneys. If the abandonment results in the release of petroleum products or other hazardous substances, there can be criminal liability under federal and state environmental statutes. In civil actions, entities affected by an abandonment could sue for costs incurred in seizing the vessel, disposing of the vessel, moorage fees, electricity charges, and taxes. The National Oceanic and Atmospheric Administration maintains the Abandoned and Derelict Vessel InfoHub, a central source of information for abandoned and derelict vessels.
Florida recently took measures to address the issue of abandoned vessels in its home waters with Senate Bill 164, signed by Governor DeSantis in June 2025, which strengthens penalties for derelict and abandoned vessels. The law defines a derelict vessel as one that is wrecked, junked, or substantially dismantled in Florida waters, or left at a port without consent, or docked/grounded/beached without the property owner’s consent.
The law treats first offenses as first-degree misdemeanors, second offenses as third-degree felonies, and third offenses as second-degree felonies (carrying up to 15 years in prison and $10,000 in damages). Ref: Florida Fish and Wildlife Conservation Commission.
Time will tell if other states follow Florida’s approach to this issue. Florida is unique, in having year-round boating and a vast shoreline. However, the problem of dealing with abandoned and derelict boats is not unique to Florida, with many local governments nationwide expressing frustration over the problem.
As always, please support all of our region’s local businesses. Best wishes for the Fourth of July Holiday and a Happy and Safe Summer! Tim, Erol
