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From: Ron Rogers (no email)
Date: Sun Dec 02 2007 - 02:33:19 EST
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" <>
|
| 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
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