- Marine salvage
Admiralty law History Ordinamenta et consuetudo maris
Features Freight rate · General average
Marine insurance · Marine salvage
Maritime lien · Ship mortgage
Ship registration · Ship transport
Contracts of affreightment Bill of lading · Charter-party Types of charter-party Bareboat charter · Demise charter
Time charter · Voyage charter
Parties Carrier · Charterer · Consignee
Consignor · Shipbroker · Ship-manager
Ship-owner · Shipper · Stevedore
Judiciary Admiralty court
Vice admiralty court
International conventions Hague-Visby Rules
Maritime Labour Convention
International organisations International Maritime Organization
London Maritime Arbitrators Association
Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. Salvage encompasses rescue towing, refloating a sunken or grounded vessel, or patching or repairing a ship. Today the protection of the environment from cargoes such as oil or other contaminants is often considered a high priority.
"Salvors" are seamen and engineers who carry out salvage to vessels that are not owned by themselves, and who are not members of the vessel's original crew. 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, or to clear a channel for navigation. 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.
- 1 Classification of salvage
- 2 Salvage urgency and cost considerations
- 3 Types of salvage
- 4 Ship salvage and the law
- 5 Notable salvages
- 6 See also
- 7 References
- 8 Works cited
- 9 Further reading
- 10 External links
Classification of salvage
The refloating of ships stranded or sunk in exposed waters is called offshore salvage. In this type of salvage, vessels are exposed to waves, currents and weather and are the most vulnerable and difficult to work on. They also tend to deteriorate more rapidly than such vessels in protected harbors. Offshore salvage may provide only a short window of opportunity for the salvage team due to unusually high tide or inclement weather for instance. The work window may not come around again for as long as weeks or months and in the interim, the vessel will continue to deteriorate. As a result, it is often imperative to work quickly. Typically, offshore salvage is conducted from pre-outfitted salvage tugs and other tugboats. In addition, portable diving facilities may be transported by helicopter or small boat to the work area. From a tactical point of view, working in unprotected waters is less hospitable for floating cranes, construction tenders, dredges and equipment barges. Plus, it is often difficult to depend upon a stable workforce (welders, carpenters, etc.) as all personnel must be present on site for the duration
The term harbor salvage refers to the salvage of vessels stranded or sunk in sheltered waters. Such vessels are not normally subject to the same deterioration caused by marine and weather conditions as offshore salvage vessels are. In addition, unless the vessel to be salvaged is obstructing navigation, then there is no need to work as swiftly as in offshore salvage. Also, harbor pre-salvage survey and planning stages tend to be less time consuming and environmentally dependent. It is also easier to gain access to local labor resources and heavy equipment such as floating cranes and barges.
Cargo and equipment salvage
Saving the cargo and equipment aboard a vessel may be of higher priority than saving the vessel itself. The cargo may pose an environmental hazard or may include expensive materials such as machinery or precious metals. In this form of salvage, the main focus is on the rapid removal of goods and may include deliberate dissection, disassembly or destruction of the hull.
Wreck removal focuses on the removal of hazardous or unsightly wrecks that have little or no salvage value. Because the objectives here are not to save the vessel, the wrecks are usually refloated or removed by the cheapest and most practical method possible. In many cases, hazardous materials must be removed prior to disposing of the wreck. The most common techniques used in wreck removal are cutting the hull into easily handled sections or refloating the vessel and scuttling it in deeper waters.
The salvage of a vessel that is damaged but still afloat is called afloat salvage. This type of salvage is mostly unobtrusive and involves primarily damage control work such as hull welding, stabilization (rebalancing ballast tanks and shifting cargo) and structural bracing. The vessel can remain underway with little disruption to its original purpose and crew.
Clearance salvage is the coordinated removal or salvage of numerous vessels in a harbor or waterway. It typically follows a catastrophic event such as a tsunami, hurricane or an act of war (i.e. Pearl Harbor). There may be multiple vessel obstructions with varying degrees of damage due to collision, fire or explosions.
Tools used in marine salvage
Salvage urgency and cost considerations
Salvage projects may vary with respect to urgency and cost considerations. When the vessel to be returned to service is commercial, the salvage operation is typically driven by its commercial value and impact on navigational waterways. Military vessels on the other hand are often salvaged at any cost – even to exceed their operational value because of national prestige and anti “abandonment” policies. Another consideration may be loss of revenue and service or the cost of the space it occupies.
Types of salvage
There are three types of salvage:
In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. This can be a fixed amount, based on a "time and materials" basis, or any other terms that both parties agree to. The contract may also state that payment is only due if the salvage operation is successful (a.k.a. "No Cure, No Pay"), or that payment is due even if the operation is not successful.
In pure salvage (also called "merit salvage"), there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in a court which has jurisdiction, and this will award salvage based upon the "merit" of the service and the value of the salvaged property.
Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to the risk of injury and loss or damage to his equipment in order to salvage the property that is in peril. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship, plane, or other sunken property, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying a vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage receive substantially greater salvage award than those performing low order salvage.
In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily (no duty to act), and finally the salvage must be successful in whole or in part.
There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. It would be a rare case in which the salvage award would be greater than 50 percent of the value of the property salvaged. More commonly, salvage awards amount to 10 percent to 25 percent of the value of the property.
Private boat owners, to protect themselves from salvage laws in the event of a rescue, would be wise to clarify with their rescuer if the operation is to be considered salvage, or simply assistance towing. If this is not done, the boat owner may be shocked to discover that the rescuer may be eligible for a substantial salvage award, and a lien may be placed on the vessel if it is not paid.
Several Navies have Rescue Salvage vessels which are to support their fleet and to come to the aid of vessels in distress. Some naval operations of salvage are initiated after a failed search for survivors operations.
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. Salvage law is in some ways similar to the wartime law of prize, the capture, condemnation and sale of a vessel and its cargo as a spoil of war, insofar as both compensate the salvor/captors for risking life and property. The two areas of law may dovetail. For instance, a vessel taken as a prize, then recaptured by friendly forces on its way to the prize adjudication, is not deemed a prize of the rescuers (title merely reverts to the original owner). But the rescuing vessel is entitled to a claim for salvage. Likewise a vessel found badly damaged, abandoned and adrift after enemy fire disabled her does not become a prize of a rescuing friendly vessel, but the rescuers may claim salvage.
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.
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 besides. The 1989 Salvage Convention entered force on 14 July 1996 with nearly twenty parties in agreement. For states which are parties to both conventions, the 1989 Convention takes precedence over the 1910 one where their provisions are mutually incompatible.
- The largest marine salvage operation on record was the raising of 45 of the 52 ships the German High Seas Fleet which was scuttled at Scapa Flow in 1919. Between 1922 and 1939, 5 battlecruisers, 6 battleships, 5 cruisers and numerous destroyers were raised from depths of up to 45 metres, primarily by Cox & Danks Ltd & Metal Industries Ltd, and broken up for scrap.
- The harbor clearance and ship recovery after the attack on Pearl Harbor. The USS California & USS West Virginia resting on the bottom of Pearl Harbor 8 December, 1941, were re-floated and repaired. They were key participants in the Battle of Surigao Strait in October 1944.
- The Swedish 17th-century warship Vasa was raised in April 1961. She had lain on the bottom of Stockholm harbor since her capsizing on her maiden voyage in 1628.
- The raising and subsequent conservation of the Mary Rose, the flagship of the navy of King Henry VIII, which sank in 1545 in the Solent, North of the Isle of Wight. As with the Vasa, the salvage of the Mary Rose in 1982 was an operation of immense complexity and was a major achievement in marine archaeology. The remains of the ship, together with recovered weapons, sailing equipment and crew’s personal effects are now on display at Portsmouth Historic Dockyard and the nearby Mary Rose Museum.
- In 1974 the U.S. CIA attempted to recover the sunken Soviet Golf class submarine K-129 in the secret and expensive intelligence operation Project Azorian. The attempt was only partially successful.
- Nuestra Señora de Atocha was discovered in 1985 and worth an estimated $400 million USD.
- Vrouw Maria was discovered in 1999, and after a protracted legal battle, plans for salvage are still in the discussion and planning stage. It is known to contain priceless works of art.
- The search for the wreckage and flight data recorders of South African Airways Flight 295 is at 16,000 feet (4,900 m) the deepest successful marine salvage operation to date.
- On 12 August 2000, the Russian Oscar class submarine Kursk sank in the Barents Sea following an internal explosion, leading to the death of 118 sailors and officers. The badly damaged submarine was salvaged in late 2001 to recover the bodies and eliminate the hazard from the Kursk's two nuclear reactors.
- The USS Cole (DDG-67) was severely damaged in October 2000 by terrorists while it was harboured in the Yemeni port of Aden. It was rescued, salvaged, and repaired to serve again.
- In July 2002, HMS Nottingham (D91) suffered serious damage in poor weather, striking Wolf Rock near Lord Howe Island. She was towed, stern first to Newcastle, New South Wales in August 2002 for minor repairs and was consequently returned to the United Kingdom aboard the heavy lifting vessel Cougar Ace, packed with 4,700 Mazda cars and Isuzu trucks bound for the North-American market was traveling from Japan to Vancouver, British Columbia, when it stranded in the Pacific Ocean. The ship’s condition quickly began to deteriorate as it took on water. The salvage team involved had to work solidly for 24 days straight to try and save the vessel and its extremely lucrative cargo.
- In May 2007, Odyssey Marine Exploration undertook the Black Swan Project and recovered an estimated $500 million USD in silver and gold coins from a ship wreck in the Atlantic Ocean. However, the wreck & its contents are claimed by the Spanish government, and this is an ongoing legal dispute within United States Federal Courts.
- Wrecking (shipwreck)
- Professional diving
- Wreck diving
- Augustus Siebe
- Treasure hunting (marine)
- Receiver of Wreck
- Michael Hatcher
- Pioneer underwater archaeologist E. Lee Spence
- ^ Bartholomew, Charles, et al."U.S. Navy Salvage Engineer's Handbook". Naval Sea Systems Command, 2008
- ^ Gores 1971.
- ^ Grotius, De Iure Praedae Commentarius (On the Law of Prize and Booty)(Oxford: Oxford University Press 1950) p. 164(stating the purpose of Italian prize law is to compensate for the expense incurred, risk taken, and labor performed).
- ^ Upton, Maritime Warfare and Prize (New York: John Voorhies Law Bookseller and Publisher, 1863) p. 234-35 (discussing doctrine of postliminium and salvage of recaptured vessels).
- ^ The Mary Ford, reprinted in James Scott Brown (ed.), Prize Cases Decided in the United States Supreme Court (Oxford: Clarendon Press 1923) p. 130(seminal 1796 decision on the law of salvage that American rescuers who found a wrecked and abandoned French vessel adrift without sails or rigging could not condemn her as a prize, but were entitled as salvors to the judge's estimate of fair compensation based on time lost, labor, risk taken, and mental and physical suffering--to induce mariners to undertake the peril and expense of rescue at sea).
- ^ Madsen, Daniel"Resurrection: Salvaging the Battle Fleet at Pearl Harbor". Naval Institute Press, 2003
- ^ Morison, Samuel Eliot, "The Two Ocean War", Little, Brown and Company,1963
- ^ "No sign of Air France flight recorders as search ends". CNN. 2009-08-20. http://www.cnn.com/2009/WORLD/europe/08/20/airbus.search/index.html. Retrieved 20 August 2009.
- ^ Joshua Davis (2008-02-25). "High Tech Cowboys of the Deep Seas: The Race to Save the Cougar Ace". Wired Magazine. http://www.wired.com/science/discoveries/magazine/16-03/ff_seacowboys. Retrieved 2009-10-17.
- ^ cbsnews.com – $500M Treasure Ship Found In Atlantic
- ^ Odyssey Marine Exploration Asserts Position in "Black Swan" Admiralty Case with Historical and Legal Precedents
- Gores, Joseph N. (1971), Marine Salvage: The Unforgiving Business of No Cure, No Pay, Garden City, NY, USA: Doubleday, OCLC 136301. Preface by Willard Bascom.
- Madsen, Daniel (2003), Resurrection: Salvaging the Battle Fleet at Pearl Harbor, US Naval Institute Press, ISBN 978-1557504883.
- Milwee, William (1996), Modern Marine Salvage, Cornell Maritime Press.
- Tew, Ian (2007), Salvage, A personal odyssey, Seafarer Books, Sheridan House.
- Salvage Law Links
- Largest ever salvage award Cherry Valley and tug J.A. ORGERON in 1994
- Salvage Code Red A new documentary for National Geographic Channel looking at the world of marine salvage
- WRECKSITE Worldwide free database of + 65.000 wrecks with history, maritime charts and GPS positions
- The International Convention on Salvage 1989 (complete text PDF)
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