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From: Peter Gelinas (no email)
Date: Mon Dec 03 2007 - 11:04:19 EST
I think what we have done, in this thread, over the last few days is justify
the existance of lawers.
>From a site hosted by maritime lawyers (Canadian, but often quoting
international law/agreements)
Do not assume a beached wreck has been abandoned and is available for salvage
simply because it has been there for some time. Where the wreck is not in
immediate jeopardy, contact the owner or the Receiver of Wrecks before acting.
You are not the owner of a wreck (such as a vessel found adrift) because you
are the first to find it. Be cautious in the steps you take to salvage any
wreck, as you may be trespassing, plundering, or interfering with the Receiver
of Wrecks.
Weigh carefully the priorities of preserving and reporting the wreck. Where
the wreck appears to be in jeopardy, preservation of the wreck is the
priority, in all other cases report the wreck before acting.
Take no steps in salvage where the owner has explicitly prohibited you from
doing so.
Where you find yourself in possession of a wreck and a peace officer
(including a fisheries officer) requests that you release the wreck to them,
ensure you explicitly reserve your rights as a salvor before doing so.
At least this answers my concern as to someone claiming my vessel just be
cause it is anchored and unoccupied for a period of time ..... something
that seems self evident but, as someone previously posted, the law isn't
always 'reasonable'. Actually, I think he said, "just because it is the law,
doesn't make it right".
Peter> From: > To: ;
> Date: Mon, 3 Dec 2007 09:17:34 -0600> CC:
> Subject: Re: T&T: abandoned &
salvage> > >What the fishermen did not do was in anyway salvage the vessel.
They simply> >reported its presence to a Governmental authority which in turn>
>required/requested they stand by until the Governmental authority removed>
>the vessel. > > > Under the concept of "salvage" what they did constitutes
salvage and they are "salvors."> > This concept comes from the thinking that
if not reported the vessel could be struck by a ship at night and destroyed;
therefore reporting it constitutes "salvage."> > IMHO> > Henry> M/V Mary M>
Lying Baytown TX> _______________________________________________>
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