1. (A) A sunken vessel in the waters of the State must be removed by a responsible party:

   1. (1) before the date the vessel will be declared a derelict vessel or an abandoned vessel, as appropriate, if the vessel received an abandoned vessel notice or a derelict vessel notice prior to sinking; or
   2. (2) within twenty-one days of the day the vessel sunk, or within forty-five days if a bona fide plan of removal is provided to the department within twenty-one days of the day the vessel sunk, if the vessel did not receive an abandoned vessel notice or a derelict vessel notice prior to sinking.

2. (B) A sunken vessel that remains in the waters of the State after the applicable time period for its removal by a responsible party expires is subject to removal at any time by any person without liability to a responsible party. A person who removes and disposes of a sunken vessel after the expiration of the applicable time period may commence a civil action against a responsible party within three years of the removal and disposal to recover:

   1. (1) the cost of the removal and disposal; and
   2. (2) the attorney's fees and court costs incurred in bringing the action.
3. (C) The civil action provided in this section is in addition to and supplemental of any rights of salvage that may be available under maritime law.
4. (D) The provisions of this section do not apply to a vessel that is submerged archaeological historic property, as defined in Section 54-7-620.

HISTORY: 2025 Act No. 22 (S.367), SECTION 1, eff May 8, 2025.