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First recorded activity by BoatBanter: Jul 2006
Posts: 1,301
Default Salvaging or scavenging?

Dave wrote:
On Wed, 24 Jan 2007 23:18:50 +0000, Goofball_star_dot_etal
said:

On 24 Jan 2007 15:20:02 -0600, Dave wrote:

On Wed, 24 Jan 2007 11:29:28 -0800, "Capt. JG" said:

We all know that we're
required to help fellow boaters,
Where do you find this requirement?

eg. http://www.imo.org/Facilitation/main...?topic_id=1395


Nice try, but no cigar. Can't speak to other countries' laws, but in the US,
at least the conventions referred to would not be binding on the individual
vessel operator in the absence of implementing legislation or application by
the courts of admiralty as a matter of common law. Notice that the
convention talks about obligations of the contracting governments.

So two questions.

1. Has the federal government adopted implementing legislation?

2. If so, does it apply both to documented vessels and to undocumented
vessels?


It would appear it applies to all vessels:


US Code TITLE 46 Subtitle II Part A CHAPTER 23

§ 2301. Application

Except as provided in section 2306 of this title, this chapter applies
to a vessel operated on waters subject to the jurisdiction of the
United States (including the territorial sea of the United States as
described in Presidential Proclamation No. 5928 of December 27, 1988)
and, for a vessel owned in the United States, on the high seas.

....

§ 2304. Duty to provide assistance at sea

(a) A master or individual in charge of a vessel shall render
assistance to any individual found at sea in danger of being lost, so
far as the master or individual in charge can do so without serious
danger to the master’s or individual’s vessel or individuals on board.
(b) A master or individual violating this section shall be fined not
more than $1,000, imprisoned for not more than 2 years, or both.






 
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