Re: [Paddlewise] Israeli kayakers rescued in Alaska (USCG video)

From: Dave Kruger <kdruger_at_pacifier.com>
Date: Tue, 04 Aug 2009 02:15:25 -0700
Joshua Teitelbaum wrote:

> 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?

Craig is the sea lawyer; I am but a mild mannered chemist.  Craig will have 
a scholarly treatise for us.  I'll just give you my gut feeling on what is 
right.

My guess is that "demand compensation" is not the usual deal when lives are 
at stake.  It is not cool to stand at the rail and ask for a VISA card when 
someone is possibly at risk, sloshing around in the wash below.  However, 
an _abandoned_ vessel is subject to rules regarding salvage.  Meaning:  a 
salvager can latch onto your ship and hold it for compensation.  If you 
decide not to cough up the dough, they can sell it (and its contents) and 
keep the proceeds.

In this case, your buddies had not abandoned their vessels, so I don't know 
what maritime law says.  Rewarding the Vigilant's captain and crew is just 
the right thing to do, in my personal code of ethics.  Two thousand bucks 
is a small price to pay for what the Vigilant did, in my book.

-- 
Dave Kruger
Astoria, OR
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Received on Tue Aug 04 2009 - 03:26:30 PDT

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