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Marine salvage is the process of rescuing the hull, equipment or cargo of a shipwreck or abandoned vessel. Generally the crew have lost control of or abandoned the vessel due to sinking, being stranded on rocks or aground on a shallow sea bed, or simply because its means of propulsion has failed and it is drifting with the wind and tide.
"Salvors" are seamen and engineers who carry out salvage to vessels that are not owned by themselves. When salvaging large ships, they may use cranes, floating dry docks and divers to lift and repair ships for short journeys to safety towed by a tugboat. The aim of the salvage may be to repair the vessel at a harbour or dry dock. Another reason for salvage may be to prevent pollution or damage to the marine environment. Alternatively the vessel or valuable parts of the vessel or its cargo may be recovered for its resale value, or for scrap.
Ship salvage and the law
When a ship or boat has been rescued or salvaged without prior agreement between the owner and the salvor, the salvor in some circumstances can legally claim recompense or "salvage rights". Although this rule seems to the disadvantage of the owner of the ship, its purpose is to encourage potential salvors to risk their vessels and use their working time for the benefit of both themselves and the ship owner.
Legal disputes do arise from the claiming of salvage rights. To reduce the risk 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 take no action that implies that the ship seeks rescue. If another vessel offers a tow the skipper negotiates the reward before accepting the offer and providing the tow rope.
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. 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 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 to protect war graves.
In some circumstances, the ship's master may choose to sign an open form salvage agreement. This is a contingency contract that leaves the value of the salvage operation to be decided at a later date. The best-known open form is the Lloyd's Open Form salvage contract, which was developed by Lloyd's of London and states "no cure - no pay".
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 July 14, 1996, with nearly twenty parties. It replaces the 1910 Convention for states which are parties to both where the two conventions' provisions are incompatible.
See also
External links
"Marine salvage"