Message for BillP

18rabbit

Captain
Joined
Nov 14, 2003
Messages
3,202
BillP – I read your post in the Towing Coverage thread. I know very little (ok…nothing :) ) about boat salvage law. It is/was my understanding anyone that tows an abandoned or ‘unoccupied’ vessel that is not anchored or moored has legally ‘salvaged’ the boat and becomes the newly de facto owner. If you stay on/with your boat, the maritime salvage claim would not apply. I DO NOT KNOW if this accurate. Do you/anyone know more about this?
 

BillP

Captain
Joined
Aug 10, 2002
Messages
3,290
Re: Message for BillP

Please understand I am NOT a lawyer and NOT giving legal advise...What I found (and not from public message boards) is the owner does NOT decide if it is a salvage, even if on the boat at time of exchanging tow lines. It doesn't matter who offers the tow line either (that is used in civil liability/injury law). The owner does NOT have to be informed at the time of tow if a salvage is happening. When the salvage boat operator thinks the floundered boat is in danger if he doesn't tow it he CAN claim salvage. The old maritime laws back this 100% and insurance companies will tell you so too. Guys with mega yachts are the big targets. It is basically up to the integrity of the tow boat operator whether he wants to claim salvage or not. <br /><br />Abandoned boats are a totally different matter. I know a fellow in Florida who salvaged a 45' trimaran that broke it's mooring and drifted to his dock. He tied it up and did the legal route to claim the vessel (yes, he was known locally as already being a dirt bag). This amounted to advertising and doing the paperwork. The owner was out of state for a year working on the Alaska pipeline and nobody knew how to contact him (the salvage guy knew this). Eventually the owner bought the boat back for cost of "salvage". A good citizen would have towed the tri one half mile back to the mooring and secured it for the owner.<br /><br />My personal advice is to contact your marine insurance company rep and ask. Also do some web searching for salvage laws. There are court cases online...it is out there. My links on this were gone a long time ago but it is interesting reading. <br /><br />Bill
 

scamper

Petty Officer 2nd Class
Joined
Sep 26, 2003
Messages
183
Re: Message for BillP

I once towed 24 footer some 80 miles from offshore Galveston thinking I was the new owner of that boat. Seem I was wrong, the Coast Guard said the boat was left at anchor at some oil platforms called the Buccaneers about 30 miles off Galveston. The occupants had gotten on a head boat to return to shore for help a couple of days before. The anchor was deployed when I found it. It must have drug to deeper water and then floated on out. Coast guard called the owners; they in turn offered to pay me for the tow. Settled for a tank of fuel. Not that bad really. I took on a little over 500 gal.
 

18rabbit

Captain
Joined
Nov 14, 2003
Messages
3,202
Re: Message for BillP

BillP – this really sucks! I have to go up to WA tomorrow but went I get back I will research this in more detail.<br /><br />Scamper – from my understanding, you were right! The boat was adrift, you found it, you salvaged it, at that point it was your. Whether I am correct about this or not, either way, it certainly was NOT the Coast Guard’s decision to make. But being a nice guy, you would have given it back, anyway, right? :)
 
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