There was a question recently about rights to an unmanned dinghy found adrift.? A couple of sites have drifted past my mooring and I thought I'd secure them to the dock here for anyone interested in this not-entirely-cleared-up question.
1 -- http://www.southwindssailing.com/articles/0106/salvage0106.html ? 2 -- ? http://www.latitude38.com/letters/200503.htm? (I clipped this letter, as it was buried in a long collection of miscellaneous topics at the URL noted). ? SALVAGE RIGHTS Do I own a fishing boat? I was recently having dinner at Alioto's in San Francisco and looking out at the fishing boats - when I noticed a boat turning very slowly between the docks. It was moving so slowly that I assumed somebody was turning it using lines. As I watched, however, I became convinced that it wasn't attached to anything! After paying the bill - dinner was very good, try the Sicilian mixed grill - I went down to the docks. Sure enough, there was a small 'bow picker' drifting round unattached to anything. The security guard from one of the restaurants was already on the phone to the Coast Guard, but he wasn't boat literate enough to explain exactly what was going on. While I was trying to coach him, the boat drifted to within reach, so I grabbed it, and moored it using the anchor to attach it to a dock ladder. Being dressed for dinner, I wasn't about to get all dirty by going aboard trying to find a mooring line. The Coast Guard lost interest once they heard I'd secured it, so we left it there, safe, but probably in the wrong slip. When I caught the boat, one of the bystanders remarked, "Now you own it." I don't have any need for a 30-ft bow picker, and more to the point, I'd hope that if my boat came adrift somebody would just tie her up as I had done. However, I am very curious as to what the law would say if you find a boat adrift, but not in any real danger. Would that be salvage? Does the person who catches it own it? I'm sure there are Latitude readers - or editors - who can answer this one. John Pettitt Sausalito John - Given the ancient and often international nature of maritime law, you can imagine that the rules with regard to salvaging boats are extremely complicated. For example, there are not only important differences in the meanings of terms such as wrecks, derelicts, and abandoned vessels, but they also mean different things under different parts of maritime law. But let us assure everyone of one very simple truth - the idea that an unmanned vessel becomes the property of the finder is a myth. That's not even the case when the crew abandons the boat without having any intention of returning. The owner still has to actively do something to affirm that he wants to give up his rights to the vessel. If somebody finds an unmanned vessel in peril, or obtains permission from the owner to try to save a vessel, they do acquire certain rights. How much money they get is decided by a court, and the big factors include the difficulty of the salvage, the risk to the salvor, the value of the vessel saved, and the degree of danger the boat was in. Salvage awards tend to be about 10 to 25% of the value of the boat, and only very rarely go over 50% of the value. If the salvage is unsuccessful, the salvor gets nothing. _______________________________________________ http://mailman.xmission.com/cgi-bin/mailman/listinfo/montgomery_boats
