SECTION 43A. Removal of obstructing vessel by department; department as claimant

If an abandoned vessel or an unlawful or unauthorized structure or thing is deposited or suffered to remain in the tide waters of the commonwealth and if the department deems it is, or is liable to cause or become, an obstruction to the safe and convenient navigation or other lawful use of such waters, the department shall move it or cause it to be removed, after which time the department may become a claimant and apply for title from the office, in accordance with sections 40 to 43, inclusive.

For a vessel that has been abandoned that does not pose an obstruction to the safe and convenient navigation or other lawful use of the tidewaters of the commonwealth, and for which no other claimant commences proceedings under this chapter within 60 days of the department having notice of the vessel, the department may become a claimant and apply for title from the office, in accordance with said sections 40 to 43, inclusive.