T&T: abandoned & salvage

[Ron Rogers]

I make no comment on what the USCG knows or doesn't know. I do not know at 
what level these USCG decisions were made. I do know that two newspaper 
stories led me to believe that the USCG regarded the matter and participants 
with suspicion.

I would be happy if they got $200 or better, nothing. Most of us have 
rendered tangible assistance to vessels in trouble. On one occasion I towed 
two sailboats that had run out of fuel into Annapolis Harbor and Back Creek. 
I picked one vessel up in the ship channel directly under the Bay Bridge 
with a tug and tow waiting South of the bridge at my request. No one I know 
would ever think of a salvage claim. Instead we would think of the tradition 
of going to the aid of other mariners. We would not think of the fact that 
on the high seas. we are obligated to do so. Next time, I'll "phone" it in. 
Of course under certain circumstances, both Towboat US and Seatow can 
request that you sign a salvage agreement. I would have had to do that if a 
90 foot towboat hadn't pulled me off some stumps with night falling. You 
know what they wanted? They wanted to know if I would like some dinner. They 
also fixed my broken tiller arm. Dinner was superb pot roast. Most of their 
horsepower (4800HP) was required to get my 20 tons off its perch. It was a 
clear case of salvage.

The cases you cite only go to show that some judges can do dumb things. Even 
then, I'd be surprised if the awards were great. The fact that the source of 
some pumps was the USCG is irrelevant except as to cost basis. The salvors 
were presumably laboring at some risk (another component) no matter who 
owned the pumps.

Salvage law is meant to encourage safety at sea. By design, this encourages 
commercial interests. Fine. But you say:

"In the end, this case will not be about whether or not a salvage occurred, 
but how much reward is enough to convince the next guy to standby or tow or 
pump or radio or whatever."

"the next guy" who needs encouragement is not the type of person found on 
this list. Encourage someone to "radio" - whose waters are you navigating 
in? MAYDAY and PAN PAN relays do not require financial incentive for 
ordinary mariners and commercial interests. There is law on that subject as 
well. If your radio is on, you are obligated to monitor channel 16 - that 
requires encouragement in some inane high traffic locations. Commercial 
vessels are required to maintain watch on 16 and 13. Of course, you need to 
be competent to perform the relay function. The big reward is when the Coast 
Guard radio station thanks you.

No matter what emails follow, I shall not comment further on this complex 
topic.

Ron Rogers
1985 Willard 40FBS
AIRBORNE
Lying Washington, NC
----- Original Message ----- 
From: "Douglas Gould" <doug at 5goulds.com>
|
| Ron, you keep confusing the tow with an "act of salvage"....There is 
actually
| case law where a salvage claim was paid because of a phone
| conversation. The "salvor" was never even on scene! There is no need
| for the fishermen to have towed the boat to claim a salvage.
|
| Salvage is not so much about time and effort (those are part of it); its
| much more about the outcome. Also, there have been a number of
| salvage cases where the Coast Guard or other gov't agency was
| involved. Their involvment does not change the facts; salvage
| awards have been paid to salvors for pumping out boats using the
| Coast Guard's pumps!
|
| In the end, this case will not be about whether or not a salvage occured,
| but how much reward is enough to convince the next guy to standby or
| tow or pump or radio or whatever. Perhaps you will feel better if a 
salvage
| of $200 is awarded.
|
| I doubt the fishermen were considered 'suspects'. IF they had done 
something
| unspeakable, they wouldn't have called the CG.
|
| If you think the CG knows what they are doing in situations like this, I 
suggest reading
| "Dead Men Tapping" by Kate Yeoman.
| Doug