Salvage Laws??

[Buju]

Wondering what the legalities are pertaining to salvaging off of abandoned vessels. There is a 30something' sailboat in a mangrove creek near my home. The mast, boom, rigging, helm, etc are removed. The FL reg numbers have been removed as well, so the vessel is obviously abandoned.

The things that I'm interested in is the gratuitious amount of teak in the cockpit and even more down below.... hardware, winches, etc.
...Now, to legally take this, do I have to wait until the authorities spray paint
"DV ###" on the hull, or could I have at it in it's current state? Wouldn't imagine I'd get in too much trouble if I was caught...?...?

[Brewster Minton]

I think if you get onboard and no one is there you can declare salvage and take what you want.Ship salvage and the law
Salvage law has as a basis that a salvor should be rewarded for risking his life and property to rescue the property of another from peril. A vessel is considered in peril if it is in danger or could become in danger. Examples of a vessel in peril are when it is aground or in danger of going aground.

Prior to a salvage attempt the salvor receives permission from the owner or the master to assist the vessel. If the vessel is abandoned no permission is needed.

The amount of the award depends on, in part, the value of the salved vessel, the degree of risk involved and the degree of peril the vessel was in. Legal disputes do arise from the claiming of salvage rights. To reduce the amount of a claim after an accident, boat owners or skippers often remain on board and in command of the vessel; they do everything possible to minimise further loss and seek to minimize the degree of risk the vessel is in. If another vessel offers a tow and the master or owner negotiates an hourly rate before accepting then salvage does not apply.

Some maritime rescue organisations, such as Britain's Royal National Lifeboat Institution, insist the crews of their lifeboats renounce their right to claim compensation for salvage.

Jetsam are goods that were thrown off a ship, which was in danger, to save the ship. Flotsam are goods that floated off the ship while it was in danger or when it sank. Ligan or lagan are goods left in the sea on the wreck or tied to a buoy so that they can be recovered later by the owners. Derelict is abandoned vessels or cargo.

In the United Kingdom under the Merchant Shipping Act 1995, jetsam, flotsam, lagan and all other cargo and wreckage remain the property of their original owners. Anyone, including recreational divers and beachcombers, removing those goods must inform the Receiver of Wreck to avoid the accusation of theft. As the leisure activity of wreck diving is common, there are laws to protect historic wrecks of archaeological importance and the Protection of Military Remains Act 1986 protects ships and aircraft that are the last resting place of the remains of members of the armed forces.

The 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea reflects the traditional legal principles of marine salvage. The 1989 International Convention on Salvage incorporated the essential provisions of the 1910 Convention, and added some new provisions, as well. The 1989 Salvage Convention entered force on 14 July 1996, with nearly twenty parties. It replaces the 1910 Convention for states which are parties to both where the two conventions' provisions are incompatible.

[DRIFTER31]

Take a bunch of pictures to document how you found it first.

[Kevin]

Buju,
Don't do it! The vessel still has an owner by law.....even if it is a shit bag. Even after the state puts a DV number on it. Beleive me they are trying to hold these people accountable for leaving their boats behind. You also have to remember what if it was your boat. What if you landed in jail and had no friends to take care of it or if you died and the thing was to be turned over to your brother. There have been a lot of people that are located and they say that they sold the boat and the registation and title were never transfered, hence, they are prosecuted for their irresponsibilty. Fuel and oil end up in the water and the state and or county pay to have the boat and debris removed.
Here is what you can do: Call the FWC office here in Marathon, 305 289 2320 and tell them about the boat. You can pay a fee of about 200 bucks and they can do what is called a "diligent search", and it dows take some time to go through all the investigation process. If they can't find the owner there is a chance that you can claim the boat. It is a win win situation for everyone. The boat gets claimed by you and removed and we all do not have to watch the thing sink and hit a submerged object! Only question with it is what do you do with it after you get the nice wood off it. I would hate to see you on Keys SO .net for something silly like that. Just my .02

[randall]

i agree with kevin... i "salvaged" a kayak. it was obviously abandoned so i contacted the marine patrol and followed their program. nice two seat kayak....mine now free and clear.

[Tony Meola]

I agree with Kevin.

Be carefull. It might be stolen and or used for illegal purposes. Several years ago a friend of mine sold his boat and abut two years later he got a call from the authorities in Florida that they found the boat abandoned in the marsh's and they wanted to know why he dumped it there. Seems that whomever he sold it too never registered it and never took the NY registration numbers off of it. Obviously, they were using it for illegal purposes.

[Kevin]

One simple thing I learned from my last job that can save you from a big headache......when you buy or sell car, boat moped or whatever from someone, go to DMV with that person and sign the title over on the spot. Get it out of your name especially if you are selling something.

[In Memory of Vicroy]

Marine salvage law requires a federal court decree to change ownership for all practical purposes....mere abandonment does not cut it....but like I used to tell clients that were trying to comply with the EPA rules on incenerators.....BURN AT NIGHT!

UV

[Buju]

Thanks guys, great advice. Kevin, I'll probably make that call... or just forget about it... or make the call and then forget about it. I think it was a case of an old boat, mechanical failure, no space to dock it.... soooo lets go tie it up in the mangroves and remove all the HIN and Reg. #'s... cheaper than the landfill.
I'll keep UV's advice in mind though, and keep an eye on her when I'm out there in the middle of night snook fishing... you know, just to express concern and what not...