When Disaster Strikes at Sea: Your Lifeline to Understanding Commercial Fishing Vessel Emergency Rights and Coverage
Commercial fishing remains one of America’s most dangerous industries, with fatality rates 29 times higher than the national average. When emergencies strike at sea—whether from mechanical failures, severe weather, or equipment damage—understanding your salvage rights and insurance coverage can mean the difference between financial recovery and devastating loss.
Understanding Marine Salvage: Your Rights When Help Arrives
When your commercial fishing vessel faces peril at sea, the ancient maritime law of salvage comes into play. The basis of salvage is that a person helping another at sea is putting himself and his vessel at risk and should be appropriately rewarded. This centuries-old legal framework exists to encourage mariners to assist vessels in distress, knowing they’ll be compensated for their efforts.
For salvage to apply to your situation, three key elements must be present:
- Maritime Peril: The maritime peril does not have to be immediate or absolute; it is sufficient if the maritime property is subject to potential danger or damage. This includes mechanical breakdowns, vessels taking on water, or steering malfunctions.
- Voluntary Service: Voluntary service is rendered in the absence of a legal duty or obligation.
- Success: The salvage operation must be at least partially successful in preserving your vessel or property.
It’s crucial to understand that if this is not done, the boat owner may find that the rescuer may be eligible for a substantial salvage award if the salvor can show sufficient evidence that the vessel was in peril at the time. Before accepting assistance, clarify whether the operation is salvage or simple towing assistance.
Commercial Fishing Vessel Insurance: Your Financial Safety Net
Commercial fishing vessel insurance generally covers hull and machinery, protection and indemnity liability, collision liability, salvage, and damage from perils such as weather, fire, and theft. Given the high-risk nature of commercial fishing operations, comprehensive coverage is essential.
Key insurance components for commercial fishing vessels include:
- Hull and Machinery Coverage: The hull policy is the core of fishing boat insurance, covering physical damage to the vessel itself. This includes the hull, deck, cabin, railings, and permanently attached equipment like winches, booms, radar, fish-finders, and electronics.
- Protection and Indemnity (P&I): Covers liability claims from bodily injury and property damage caused by your crew or vessel accidents.
- Salvage Coverage: In many of these instances, the claim will be covered by maritime insurance.
- Equipment Coverage: Insures your vital equipment such as nets, traps, lines, and electronics. These items are indispensable for commercial fishing operations.
Navigating Salvage Claims and Awards
When salvage services are rendered, a salvor receives a reward based on a percentage of the value of the rescued property. The amount of the award is based on a variety of factors, including: 1) the labor expended by the salvors; 2) the promptitude, skill and energy displayed in rendering the service; 3) the value of the property employed by the salvors in rendering the service, and the danger to which such property was exposed; 4) the risk incurred by the salvors in securing the property from the impending peril; 5) the value of the vessel or property saved; and 6) the degree of danger from which the property was rescued.
Salvage awards typically range from 5-20% of the value of the saved vessel, though the salvage award can never exceed the salved value of the ship and property. Salvage claims must be brought within two years of providing the salvage service under 46 U.S.C. § 80107(c).
Professional Marine Salvage Services: When You Need Expert Help
When facing a marine emergency, professional salvage companies like Miller Marine Services provide critical offshore towing and salvage long island services. Miller Marine Services provides various services from torpedo recovery to offshore wind farm development in Long Island, NY. We are certified and capable to manage oil spill response remediation and services for salvage.
Miller Marine Services operates with versatile, quality service with experienced, trained crews. We have a well maintained workboat fleet with resources from a 21′ center console up to a 220′ anchor handling vessel. Their comprehensive capabilities extend beyond salvage to include environmental support and marine construction services.
Protecting Your Investment: Prevention and Preparation
The best approach to managing salvage situations is prevention and preparation. Ensure your commercial fishing vessel has:
- Comprehensive insurance coverage that includes salvage provisions
- Regular maintenance to prevent mechanical failures
- Emergency communication equipment
- Clear protocols for accepting assistance
Having comprehensive commercial fishing vessel insurance is not just a smart decision—it’s essential. Work with experienced marine insurance brokers who understand the unique risks of commercial fishing operations.
Your Rights and Responsibilities
Remember that any offer of salvage assistance may be refused; if it is accepted, a contract automatically arises to give the successful salvor the right to a reward under the 1989 Convention. Before accepting help, try to establish clear terms about whether the service is salvage or towing assistance.
As a commercial fishing vessel owner, understanding your salvage rights and insurance coverage is crucial for protecting your livelihood. Whether you’re dealing with an emergency at sea or planning your coverage strategy, knowledge of these maritime laws and insurance provisions can save you from financial disaster and help ensure your vessel returns safely to port.
When facing marine emergencies, don’t hesitate to contact professional salvage services that understand both the technical and legal complexities of commercial fishing vessel operations. Your quick response and informed decisions can make all the difference in preserving your vessel, crew, and business.