Shipwreck and Salvage
The crowds that came to Montauk Point to witness the wild surf created by Tropical Storm Hermine were greeted by something large and white beached under the Lighthouse at Turtle Cove. Not a whale but a 27-foot Stamas fishing boat with twin 225-horsepower Yamaha outboard engines. Its name was Living the Dream.
Evidently, the Connecticut-registered boat was operating off the Point early Saturday morning when it began taking on water due to some undetermined mechanical or structural problem. The boat’s owner called for emergency assistance over his VHF radio and the Coast Guard immediately responded. However, the owner, fearing an imminent sinking, intentionally beached the boat before the Coast Guard arrived to provide aid.
The boat owner next called SeaTow, a company that provides a variety of on-water services to boaters, to remove the vessel from the shore. But, because the boat owner was unable to provide SeaTow with the name of his insurance carrier or contact his insurance brokerage company because the office was closed for the holiday weekend, and because he didn’t want to cover the substantial five-figure cost personally, the Stamas stayed on the beach.
The despondent owner returned to Connecticut but remained in contact with the East Hampton Town Marine Patrol. The boat’s fuel and batteries were removed at the owner’s direction by a licensed service company to avoid any potential environmental problems.
Tuesday morning, after the strong winds and rain had passed, local contractors hired by the owner lifted the damaged boat and placed it on a trailer for transport to a Springs boatyard. Unfortunately, during the time the boat was beached and removed, opportunistic low-lifes removed two stainless steel props and lower ends from the outboards as well as electronics from the helm. Contrary to published reports, the owner was not ticketed by Marine Patrol. No reason to rub salt in a wound.
Most boat owners will never find themselves in the dangerous circumstances faced by the captain of Living the Dream. But, nonetheless, all boat owners should understand the somewhat fuzzy maritime laws under which those rendering aid to a recreational boater in peril can claim and receive substantial payments from the boat’s owner.
The collection of maritime laws created around 900 B.C.E. in Athens first codified the principle of offering a salvage reward for the saving of imperiled maritime property. Then, one fifth of any property saved from an imperiled vessel was awarded to the “salvor.” If the vessel was already lost to the sea, either one third or one half was awarded to the salvor, depending on the danger taken to retrieve the items. Modern salvage laws carry forward the principles of the Greek maritime codes.
Today’s laws covering salvage rights are divided into two categories: pure salvage and contract salvage. A successful pure salvage claim must demonstrate that the property saved was exposed to marine peril, the service was voluntary, with no pre-existing duty or contract to rescue, and the rescue operation was successful in whole or even in part under certain circumstances. Importantly, marine peril doesn’t have to be imminent or absolute. The law only requires that the rescuing party prove to the court that a reasonable apprehension of peril existed. Peril, of course, can be a subjective judgment.
Contract salvage is less squishy. The salvor and the boat in distress agree on the terms of the rescue. This can be a flat fee, the cost of time and equipment, or even a cold beer and a pat on the back. The owner of Living the Dream most likely signed a contract salvage agreement with the company that removed his boat from Turtle Cove.
Typically, the greater the value of the property and the greater the risk taken by the salvor, the larger the salvage cost or court award. The Supreme Court in the 1867 Blackwell case stipulated the factors a court must consider in determining the size of a salvage award.
Members of SeaTow or similar companies should know that they are subject to pure or contract salvage claims from their service provider if the scope of the work and the risk required to rescue their boat are outside the boundaries of routine coverage. SeaTow clearly outlines its salvage rules on its website, seatow.com. They should be read by all its members. Boat owners should also be familiar with their insurance carrier’s salvage fee reimbursement coverage.
Let’s say you’re fishing at Plum Gut and your engine cuts out and won’t restart because of bad gas. A strong wind is pushing your now drifting boat quickly toward the rocky shoreline of Plum Island. A fellow fisherman observes your dire situation and motors over to provide assistance. He tosses you a line, you express your immense gratitude, and after a few moments he begins towing your boat to calmer waters where you can safely anchor and collect your thoughts. All’s well that ends well. Right?
Maybe yes. Maybe no. Your boat was clearly in peril, the rescuer was under no obligation to help, and your boat was successfully removed from danger. All elements of a valid salvage claim have been met. If you have an expensive boat, the awarded claim could be substantial. But then again, you could have lost your valuable boat in the rocks. Interestingly, even if you had declined the fellow boater’s assistance, he could have towed your boat to safety and pressed a salvage claim based on the expectation of peril.
Fortunately, the boating world is full of great people who are willing to help each other without any expectation of compensation. But, then again, there are scoundrels who steal props from beached boats, so it never hurts to understand the laws of the land before one ends up in an unfortunate situation like the captain of Living the Dream.
And now back to our regularly scheduled fishing reports.
Mostly small but feisty false albacore arrived off Montauk Point, punishing baitfish and delighting light-tackle anglers. Attracting smiles from passing boaters was a large pod of dolphins, including many juveniles, who spent hours feeding and frolicking outside Fort Pond Bay. Fluke season ends Wednesday, so don’t delay that last fluke trip.
Sebastian Gorgone at Mrs. Sam’s Bait and Tackle reported large sea bass north of Plum Island in deep water and squid in Three Mile Harbor. Snappers continue to tear into bait in local bays and harbors, he added.
Harvey Bennett at the Tackle Shop in Amagansett said the porgy bite remains strong, blowfish are hanging in Three Mile Harbor and Fort Pond Bay, and weakfish can be found around the Napeague bell buoy. Snappers are working well on the south side of Montauk for large fluke, he added.
Paulie’s Tackle in Montauk reported a few nice stripers taken right after Hermine moved on, but bluefish continue to be the primary catch. With an increasing amount of bait off the Point, striper action should increase soon, the shop said.
Dave Reutershan at Gone Fishing Marina in Montauk reported boaters were catching bass on the smaller side with eels and parachute jigs. The body of large fish that excited anglers for many weeks has moved on toward Block Island, he added. Offshore action remains slow, though one boat returned to dock with a 240-pound thresher shark, Reutershan noted.
Ken Morse at Tight Lines Tackle in Sag Harbor said the weakfish bite has slowed and a few fluke were taken here and there. Albies are at Shinnecock and big blues in Plum Gut, he added.
The Star’s fishing columnist can be followed on Twitter, @ehstarfishing. Photos of prize catches can be emailed to David Kuperschmid at fishreport@ ehstar.com.