Section 39. It shall be unlawful for any person to willfully abandon a vessel upon public land or the shores or waters of the commonwealth or upon private property or the water thereof adjacent to public land or the shores or waters of the commonwealth without the consent of the official designated by law to have jurisdiction over such public land or waterway, or the owner or other person in charge of the private property. Mooring, grounding or otherwise attaching or fastening a vessel upon public land or waterway or private property without consent for a period of more than 90 days shall constitute prima facie evidence of abandonment. A vessel that the owner, operator or lienholder has placed at a storage or repair facility, which is subject to section 63, sections 179 or 180 of chapter 6, sections 26 to 27D, inclusive, of chapter 9, section 14 of chapter 255 or any other applicable federal or state law, shall not be considered an abandoned vessel for purposes of this chapter.
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