The shrink wrap has been removed, and we are now within 30 days of launch. Apparently, we need new raw water pumps, and our good friends at Safe Harbor Plymouth, Maritimo, and Volvo are on the case.
Meanwhile, we’re trying out our third (or fourth) detailing company and getting ready for the big splash!
It seems like a good time to warm up my writing chops and talk about a topic you may or may not know much about – Marine Salvage.
Our Rescues At Sea
Our first blush with a rescue happened over forty years ago. Mrs. Horne and I were newlyweds, and we were sailing back from Cleveland Light when we spotted an odd man in a small runabout waiving for help.
Mrs. Horne was born with a healthy suspicion about strangers, and after a brief discussion, we agreed he looked a little sketchy. On the other hand, I knew that there was some mariners’ code about providing aid, so we devised a plan to help him, even if he was a psycho-killer pirate!
I tossed a hundred-foot line off the stern with a float for him to tie to his bow, and we towed him behind the Banana Split for an hour until we got near Mattapoisett Harbor.
Suddenly, he jumped up and pulled the cord on his motor. It started up, and he dropped our line and drove off waving.
Was he a pirate?
Doubtful for Buzzards Bay, but to this day, I’m glad we never got too close.
True Peril!
My second rescue at sea was far more serious. In 2013 I was about a mile off Peases Point in 1-2’ chop and I spotted something that looked like a big log in between the waves.
It turned out to be a bunch of men and two children clinging to a capsized skiff.
I wrote up the entire story and posted it here in 2017.
Everyone survived, and I learned a lot about sea rescues that day.
When does rescue become Salvage?
I remember being fascinated as a kid listening to my father and his friends debate the difference between rescue and salvage.
Interestingly, I learned very little about this topic in my training to become a licensed captain.
So did some research that I’d like to share.
Not An Uncommon Situation
Passagemaker Magazine
In 2017, the captain of an upscale center-console fishing boat underway to Key West found water leaking into the boat through live-well plumbing. The boat’s owner had membership in a towing company, and a towboat met him in a harbor along the way; it took about 10 minutes to pump out the water.
The captain signed the salvage form, and the owner of the boat received a $30,000 bill, the amount determined by the salvor.
The boat owner and his insurance company claimed that since the center-console was in port and not in peril, this was not salvage. After negotiation, the reward was eventually reduced to $13,000.
The Court Of Salvage Ajudication
The law has been involved in settling maritime salvage disputes for as long as big boats went to see.
The oldest reference I can find is:
Ancient common law that directed that the cargo of a wrecked ship belonged to the king who might assign his rights to a favoured noble or landowner. For instance in 1174 the abbot of Buildwas in Shropshire was granted the rights of St Mary’s abbey in Dublin by Henry II “to include all the shipwrecks that might happen on their land”.
Irish Maritime History
Over the years many nations have convened numerous “conventions” to settle salvage rights, but today the prevailing law seems to be SALCON 89. It’s recognized by the USCG and if you’re involved in either end of a salvage dispute, it’ll probably prevail.
In general, rescue becomes salvage when the victims, the rescuers, or third parties are deemed to be in peril or danger.
More recently, boat owners have accrued salvage liabilities if their damaged vessel poses a threat to the environment.
With Regard to SeaTow or BoatsUS
If you boat in Buzzards Bay or anywhere in coastal America, you should have a contract with a marine tow service.
You should also know that their operators are likely to be very adept at the laws of salvage.
If you call on one of these services in a marine emergency – even if you have a contract, you may easily trigger a legal salvage liability.
Here’s an excerpt from the SeaTow website that was clearly written by some clever lawyers (full page here).
It’s a very subtle way of saying:
- We also do salvage.
- Your contract does not include salvage.
Buyer Beware!
If you find yourself needing help from anyone – even your contracted tow service, be careful. You can find yourself close to a line that you do not want to cross!