Protocol for demanding a captain make his presence known

[deblen]

https://en.wikipedia.org/wiki/Marine_salvage

[Davidhoy]

Originally Posted by jsc7

Another comment: some of the posters in this thread seem to assume that a salvor would board the vessel which they are taking into possession.

Nowhere, either in my original question, nor in any of my subsequent posts did I suggest boarding the derelict vessel.

It is not necessary to board a vessel to take it under tow.

Perhaps I did not misunderstand you after all, you do seem far more interested in salvage than rendering assistance. What if the crew is incapacitated down below? Without boarding to investigate, you simply want to throw a line around something and start towing? Please stop digging the hole you're in deeper...

[IslandHopper]

Originally Posted by jsc7

It is not necessary to board a vessel to take it under tow.

That comment right there underlines my first thought that you can't be taken seriously......

[Steadman Uhlich]

Originally Posted by jsc7

Another comment: some of the posters in this thread seem to assume that a salvor would board the vessel which they are taking into possession.

Nowhere, either in my original question, nor in any of my subsequent posts did I suggest boarding the derelict vessel.

It is not necessary to board a vessel to take it under tow.

You talk about "seizing" a boat.
Yet you mention you would never board it.

You say you know more about Admiralty Law than Jim Cate. I doubt that. Why?
Because you ask a question about how to hail a boat.

You say you can "seize" a boat for salvage and take it under tow without boarding it.
How will you know if the boat captain is not sleeping below. Or busy on the head (toilet for landlubbers). Or with his head in the engine space working and too busy to be disturbed by some landlubber? Or he has his earphones on and is listening to the marine weather forecast? Etc.

To take another boat into tow without boarding it seems odd or unusual. Especially since you seem inclined to do so for salvage. How will you "seize" it then?

[MarkJ]

You get close to the boat and yell out "Hello Ducky!"


Works for me every time.

[Davidhoy]

Originally Posted by jsc7

Well, actually it is a demand, because if ship is unhelmed then the approaching ship that is under command can take it for their own possession as salvage, so if the skipper of the ghost ship is present he MUST appear and demonstrate command, otherwise the ship may be put in tow and the owner will lose it. (note that the (ex-?)owner might be different than the skipper)

My question is what is the proper and legal way to demand the captain appear before seizing the ship for salvage.

You mention the "(ex-?)owner"... salvaging a vessel does not give you ownership of it. It does entitle you to certain awards based on the value of the vessel and its cargo, but it is not carte-blanche to go around seizing vessels as your own. You claim to know Admiralty Law better than Jim, but seem to lack even a basic understanding of it.

[Davidhoy]

Originally Posted by MarkJ

You get close to the boat and yell out "Hello Ducky!"


Works for me every time.

What he said! ;-)

[MarkJ]

The OP must be one of those writer tgat come in here every so often with reduculous scenarios and wondering why we laugh.

This one's great because he says he's a landlubber then says he is conversant in Admiralty Law. Lolololol

If he was he wouldn't be asking here.


*Whip* back to Sailing Anarchy!

[jsc7]

Originally Posted by Davidhoy

You mention the "(ex-?)owner"... salvaging a vessel does not give you ownership of it. It does entitle you to certain awards based on the value of the vessel and its cargo, but it is not carte-blanche to go around seizing vessels as your own. You claim to know Admiralty Law better than Jim, but seem to lack even a basic understanding of it.

No, I understand that, however if a vessel is abandoned then the salvor can make a claim to title in court. This is called a "salvage title". Unless some person can contest the claim and prove ownership of the vessel, then the title will revert to the salvor. Thus, the owner only becomes the "ex-owner" if they fail to appear in court and claim ownership of the vessel (... and ownership of the salvage fees, heh heh).

[Jim Cate]

Originally Posted by jsc7

I suspect I know US admiralty law better than you do.

And you did not answer the question. The question is: what is the proper way to summon a captain to the helm to determine if a ship is under the control of a crew or not? (The presumption of the question is that the vessel is drifting and not under power, and noone is visible on the bridge or deck.)

Well, if you know Admiralty law so well, you should know that your statement:
"Well, actually it is a demand, because if ship is unhelmed then the approaching ship that is under command can take it for their own possession as salvage," is incorrect.


Upon successful completion of your salvage operation, an Admiralty court will decide how much of the recovered value is due you. The amount, which under rare circumstances MAY reach total value of ship and cargo, will be determined by several factors which can include the difficulty of the operation, the amount of risk to the salvor that is endured, the costs of the salvage operation and other factors which I do not recall.

The point is that you can not take possession as you stated.

And I'd like to hear your plan for towing a ship without going aboard to secure the towing cable. I'm sure that salvage operators would love to be instructed it this technique.

And you are correct in one thing: i did not answer your original question, for no such protocol exists. The master of the subject ship is not obligated to respond to your "demands".

As an amateur mariner, I'll leave it to one of the many professionals on CF to tidy up any errors in my statements.

Jim

[jsc7]

Originally Posted by MarkJ

The OP must be one of those writer tgat come in here every so often with reduculous scenarios and wondering why we laugh.

This one's great because he says he's a landlubber then says he is conversant in Admiralty Law. Lolololol

If he was he wouldn't be asking here.


*Whip* back to Sailing Anarchy!

I am a novice sailor, most assuredly, and am not a lawyer but I am experienced in the courtroom and I have won every case I have tried (all pro se).

In any case, the question is really not about the law, it is about seamanship and how to properly approach and deal with a derelict vessel to determine if a captain is present.

[Eder]

Originally Posted by jsc7

Another comment: some of the posters in this thread seem to assume that a salvor would board the vessel which they are taking into possession.

Nowhere, either in my original question, nor in any of my subsequent posts did I suggest boarding the derelict vessel.

It is not necessary to board a vessel to take it under tow.

There are many reasons I wouldn't feel like responding to a pesky boat hailing me, but putting me under tow would attract my full attention and a response with appropriate repercussions lol..

[appick]

Me thinks I smell a troll in here! Lol it's the only thing that makes sense here.

[DRS]

Sorry can't help thinking the OP is in the repo business looking at ways to secure collateral on behalf of his clients

[Davidhoy]

Originally Posted by jsc7

No, I understand that, however if a vessel is abandoned then the salvor can make a claim to title in court. This is called a "salvage title". Unless some person can contest the claim and prove ownership of the vessel, then the title will revert to the salvor. Thus, the owner only becomes the "ex-owner" if they fail to appear in court and claim ownership of the vessel (... and ownership of the salvage fees, heh heh).

You might want to read this - http://myfwc.com/boating/waterway/de...-process-faqs/. Yes, it's specific to Florida, but is probably indicative of similar laws in other states. You cannot just claim ownership of an abandoned vessel, it takes a lengthy process.