Dave and Craig: Okay, then do I understand correctly? Basically, a ship must come to the rescue if it can do so safely, but it can legally demand compensation if it so desires. If it does not demand compensation, it is a "good samaritan" type of rescue. It it does, it is a salvage operation. Must they make such a choice and then inform the USCG? Josh On 3 Aug 2009, at 21:12, Craig Jungers wrote: > On Mon, Aug 3, 2009 at 9:35 AM, Dave Kruger <kdruger_at_pacifier.com> > wrote: > >> >> >>> BTW, this was referred to by the USCG as a "Good Samaritan" >>> vessel. Is >>> this a certain legal status of a vessel coming to the rescue, or >>> does it >>> simply mean that a crew of good will has decided to lend a helping >>> hand. >>> >> >> Josh, that term simply refers to the vessel's role in the rescue: no >> reimbursement is expected or asked for. > > > The difference between "rescue" and "salvage" is an interesting one; > and > strewn with pitfalls. If the fishing vessel took the kayaks and the > paddlers > aboard it would probably be, legally speaking, a salvage operation > instead > of a straight rescue. The difference depends on the details. The > fishing > boat will almost certainly be out significant money unless they were > at the > end of their trip and headed back to offload fish and refuel and > only had to > detour a few miles to effect the rescue. I agree with Dave to cut > them a > check for $2k and call it good. They could probably legally impound > the > kayaks if they wanted. > > Craig Jungers *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Mon Aug 03 2009 - 23:48:18 PDT
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