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Reassessment of the Marine Salvage Posture of the United States (1994)
Commission on Engineering and Technical Systems (CETS)

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120
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A Reassessment of the Marine Salvage Posture of the United States

AUTHORITY

PURPOSE

COMMENT

International Convention on Salvage (continued)

 

To date the only enabling legislation is 105 Stat. 2225, sec. 40 (codified at 46 USC sec. 729, and 46 USC sec. 731.) 46 USC App. sec 729 enacts the provisions of Article 16 (2) of the Convention pertaining to compensation for life salvage. 46 USC sec. 731 makes prior provisions regarding the right to compensation for salvage when vessels are owned in common (46 USC sec. 727); life salvage (46 USC App. sec. 729); limitation of actions (46 USC App. sec. 730); and duty to render assistance (46 USC sec. 2304) inapplicable to warships and "government ships appropriated exclusively to a public service."

 

 

The special compensation provided in Article 14 of the convention and the criterion of "the skill and efforts of the salvors in preventing or minimizing damage to the environment" in fixing a salvage reward set forth in Article 13 (1) (b) of the convention had not been incorporated into U.S. statutory law as of 16 December 1993.

1. Authority transferred to Secretary of Transportation in 1982.

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