Why You Can Legally Steal From A Sinking Ship

In 1994, a peculiar maritime saga unfolded off the coast of Florida. NASA was in the business of transporting an ET-70 fuel tank from New Orleans to Cape Canaveral, destined for the Kennedy Space Center. To accomplish this mission, they had two vessels on the job—a massive ocean-going barge named Poseidon and its trusty tugboat companion, the J.A. Orgeron. But this seemingly routine journey took a turn for the dramatic when a tropical storm ambushed them, causing the tugboat to lose power.

The barge, equipped with a fuel tank hangar that now acted as an inadvertent sail, began to drag the disabled tugboat further out to sea. Desperate for help, they reached out to the local Coast Guard, only to receive a less-than-reassuring response: "Sorry, we're currently busy not getting swallowed by this tropical tempest."

In a critical moment, the tugboat's only choice for survival was to make a heart-wrenching decision—to cut the barge adrift, leaving behind millions of dollars' worth of NASA cargo. Most would consider this a dire situation, but for a select group of individuals with a penchant for maritime adventure, this ordeal presented a unique opportunity.

Enter the World of Maritime Plunder

You might wonder why anyone with a significant marine vessel, a deep understanding of maritime law, and perhaps a rather unconventional perspective would view this scenario as anything but a disaster. Well, here's where it gets truly captivating. It turns out that obscure and ancient maritime laws allowed the first entity to bring this barge back to shore to stake a legal claim on a portion of NASA's precious cargo. Yes, you read that right—legal plundering of ships, with a twist.

Now, let's delve into this intriguing world where the sea's unpredictable nature collides with centuries-old maritime laws to create a complex web of salvaging and claiming treasures.

The Art of Salvaging and Contract Salvage

Typically, situations like the one involving the ET-70 fuel tank don't require explaining obscure maritime laws in six-minute YouTube videos. In most cases, when large cargo ships find themselves in distress at sea, the ship's owner collaborates with a dedicated salvage firm to rescue the ship and salvage as much cargo as possible. This process, known as "contract salvage," is relatively straightforward, with clear agreements and compensation.

However, the real intrigue arises when a ship is salvaged before a formal contract is in place. What transpires in such cases? The intuitive answer might be "nothing." After all, if someone crashes their car and you salvage a piece of the wreckage, you can't claim ownership of it. That would be both theft and exceptionally peculiar behavior.

The Enigma of Pure Salvage

But the world of maritime law isn't bound by conventional norms. Here lies an obscure legal principle known as "pure salvage," which posits that individuals who voluntarily rescue a ship in peril should be entitled to a share of its cargo. This concept may seem ancient, and it is—dating back to the Byzantine Empire's days. The Byzantines devised this principle to prevent unclaimed ships from falling prey to pirates.

Over the centuries, we've seen very little evolution in this system, which makes modern legal proceedings for pure salvage claims incredibly intricate.

Success Against All Odds

Returning to our original story of the tugboat and the Poseidon barge, this case exemplifies a rare situation where someone accidentally meets all three modern criteria for making a pure salvage claim. First, the salvor must prove the cargo was in "real peril." You can't haul a ship to safety on a sunny day and demand a share of its cargo. The degree of danger involved matters; the court assesses how much the salvor is entitled to based on the initial risk.

The second condition is "voluntary service." Essentially, anyone can be a salvor, as long as they volunteered to assist. Those who are under a contractual obligation to save the cargo are excluded from making pure salvage claims.

Lastly, there's the condition of "success." Pure salvage operates on a "no cure, no pay" basis, meaning if you fail to salvage anything, regardless of the resources invested, you receive nothing. This is one reason why pure salvage claims are uncommon, particularly for established salvage firms. Pouring millions into a salvage operation where there's no guarantee of any reward doesn't appear to be a brilliant business move.

In the case of the tugboat and the Poseidon barge, the crew of the Cherry Valley managed to meet these three criteria and successfully claimed their share. They were awarded a handsome sum of 6.4 million dollars—a remarkable eighth of the barge and cargo's total value.

The journey ended happily for the crew of the Cherry Valley, but the question remains: what would one do with such salvage money? While their choice remains a mystery, one thing is clear—those intrigued by tales of adventure and discovery would find solace in Nebula's exclusive content, where captivating stories, such as this one, come to life.

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