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Link To Recreational Vessels
Link To Recreational Vessels
 
    News Notes No. 1
    News Notes No. 2
    News Notes No. 3
    News Notes No. 4
    News Notes No. 5
    News Notes No. 6
    News Notes No. 7
    News Notes No. 8
       
       
 
 News Notes No. 3
 
Marineliens.com sends our e-newsletter each month to approximately 2,30,000 marine industry professionals.

News

We are now offering news alerts in addition to the monthly newsletter. Those who wish to receive the news alerts should hit “reply” to this newsletter, and your e-mail address will be added to the new-alert subscriber list.

Safety Alert

This month in the northern latitudes many in the recreational arena are busy trying to stay up with the busy launching and commissioning schedules. We encourage everyone who has the opportunity to "preach" a little safety to his or her customers. Coast Guards and insurance companies often have printed literature on Safety. Let common sense and courtesy prevail. Commercial traffic can not maneuver like smaller recreational craft.

Last month, in an editorial on PWC use, we suggested that perhaps laws governing the use not the waters of use be looked at. Please check out the article from the Australian Coast Guard and give us your feedback. We are happy to forward on your feedback to those who need to hear it.

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Lien perfections

Contractors who work on locally registered boats have different regulations for collecting outstanding debts for work performed on smaller vessels. Laws on nationally registered vessels seem fairly standard worldwide, but local registered boats often have different rules in each jurisdiction. Research the rules in your city or town and discover what will enable you to collect your outstanding receivables. Many jurisdictions require a local filing with the township in order to proceed in the collection process.

Once you have satisfied local requirements, it is logical to post on the www.marineliens.com site. Alert the public of your claim, and list the local jurisdiction where the claim has been perfected. Remember there is no charge for posting your claim on www.marineliens.com.

Perfection of claim means that the claimant has taken the required steps as outlined in his local laws or rules to proceed with the collection process. If a claimant is unsure about the perfection of his claim, s/he should contact a local attorney

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Linking

Anyone in the industry who would like to add their listing to the www.marineliens.com Resource Pages are welcome. To submit their company information click here The resource page is designed to provide the users with resources on which to rely as they move around the world.

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Banner ads

Anyone wishing to place a banner advertisement on either the Marineliens.com site or the Monthly News Letter is encouraged to reach us for a quote at [email protected].

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Marineliens appoints P.R, Firm

MarineLiens Ltd. is pleased to announce that the public relations firm of Hugger Communications of Portland, Maine, United States, has been contracted to manage the launching of a formal promotional campaign for the company. Hugger Communications is a marketing firm and custom publishing house for companies within the recreational, trade, and commercial aspects of the marine industry. Their marketing efforts for MarineLiens.com will include a comprehensive advertising campaign, media relations, trade-show and event presence, and promotional materials.

Hugger Communications was established in 1995 by Ted Hugger, who formerly directed the marketing efforts of both WoodenBoat Publications and Gougeon Brothers. The company’s services range from media buying, advertising creative, and Web-site development to comprehensive publishing, print management, marketing consultation, and public relations. Hugger Communications can be contacted at 207-780-6527, or by e-mail at [email protected].

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Australian Coast Guard put their lives on the line

Four members of QF1, Coast Guard Southport in Australia were requested by police to assist a jet-ski rider who had was having severe difficulties off the Southport Seaway. Sea and wind conditions were quite dangerous with 25–30 knot winds and 3–4 meter seas—dangerous for anybody to be out in such dangerous conditions.

CG1, an 8.5-meter R.I.B headed through the Seaway bar, but was unable to locate the rider in distress. The crew returned to the Seaway, where they were signaled by bystanders on the seawall and directed to the location of the rider. Once again they returned through the Seaway.

On arrival at the jet ski's location, stranded on the rocks, they were advised by the rider’s hand signals that he was safe. CG1 then turned to seaward, and while proceeding out of the danger zone, it was struck by a wave that stood the vessel up in the treacherous conditions. Before it could fully recover, they were hit by a second huge wave that turned the vessel over.

Two of the crewmembers were thrown clear, while two others were trapped underneath the vessel in an air pocket. Conditions in the air pocket quickly deteriorated with fuel and battery acid contaminating what air was left. Having been partially overcome with the fumes, the two trapped crewmembers made their way out from under the vessel.

Thanks to the assistance of a professional lifeguard on a jet ski, these members were helped to shore before the lifeguard's own jet ski was thrown against the rock wall and totally destroyed—yet another victim of the sea conditions.

All crewmen suffered severe cuts and bruising, and one also suffered a dislocated shoulder. One was kept overnight in a Gold Coast hospital after swallowing contaminated water. The original jet ski rider escaped with very minor injuries.

QF7, Coast Guard Redland Bay, was also called upon to rescue five people during the day. Three had gone sailing in a 14-foot Hobiecat in 35 knot winds, and two friends had gone looking for them in a rubber ducky, without informing anyone of their intentions. All five had to be rescued by Coast Guard Redland Bay.

What happened to these courageous volunteers need not have happened at all. With sea conditions as dangerous as they were, why were jet-ski riders and other recreational boaters out there at all? They were out to have fun of course, but with little concern or respect for the conditions. When they, inevitably, got into trouble, they then expected help to be available. Help was available, but at what cost to property and the well being of these courageous volunteers?

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Prop Guards

We received several responses from our readers on the topic of prop guards, featured in last month’s issue. The overall attitude was that prop guards are seen as generally useful and practical for all of the logical reasons. However, how would you respond if prop guards became mandatory for use on all vessels?

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Rescue at sea / U.S. Navy

WASHINGTON (USTCNS)—It was business as usual as USNS Sioux steamed off the coast of Guatemala heading toward the Panama Canal. Suddenly the third mate suddenly spotted something unusual. "'Eagle Eye' Robert Campbell spotted a small fishing boat and what he thought were two people waving a flag," said Captain Brad Smith, master of the fleet ocean tug. "We pulled up alongside, and sure enough they had no propellers on either outboard."

Chief Mate Dave Bradshaw climbed down a Jacob's ladder, boarded the small boat, and checked to see if it could be fixed. The two stranded individuals aboard did not speak much English, and they had been drifting for about seven days. "My officer-in-charge, ITC (chief petty officer) Christopher Sedillo, USN, was able to communicate a little," said Captain Smith. "They had fuel, some rainwater they had collected and a compass, but lost both screws over the side."

Based on limited communication, the crew aboard Sioux pieced together what might have occurred. "From what we can understand, the screws got caught in their nets and broke the shear pins," said Captain Smith. "They thought they were only six miles or so off the coast. Their eyes got pretty big when I showed them where they were-about 200 miles offshore." The two men had rigged a temporary sail, but it was actually taking them further out into the ocean. "If someone didn't run across them soon they would have been goners," said Captain Smith. "Needless to say, we had two very happy campers on board!"

Once everyone was safely aboard, Captain Smith contacted Commander Task Force 40 and the Pacific Fleet. "All seemed to be on board with dropping them off at the nearest port. I had to let them point to the their port on the chart—we were near the El Savaldor/Guatemala border—before I could nail down where I was heading and call back CTF 40 with the plan," said Captain Smith. "I was hoping to get permission from CTF 40 to head for Porto San Jose, Guatemala, which is where the rescued fishermen indicated would be a good drop off."

By the time Captain Smith was able to reach CTF 40, Sioux's crew had already used its 10-ton crane to lift the small boat onto Sioux's deck. Captain Smith was ready to take the rescued passengers back to their homeport, but the captain was instructed to bring the rescued men back to Panama. The ship that Sioux was supposed to tow was scheduled to arrive early. Once in Panama, the Panamanian National Maritime Service, in coordination with the U.S. naval attaché, coordinated the offload of the rescued passengers and their small fishing boat. Sioux is currently towing a deactivated naval vessel to San Diego, Calif.

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Maritime liens on vessels as per Turkish law

by Dr. M. Fehmi Ulgener

Claims allowing a right of lien on the vessel, as listed in Section 1235 of the TTK, are as follows:

  1. If a vessel will be sold through official public auction, all expenses, other than those for the expenses for public auction, which are arising from watching and keeping well the vessel;
  2. All port dues and especially expenses for buoys, lighthouse, quarantine;
  3. All claims of the crewmembers arising from the contract of employment;
  4. All claims and expenses arising from pilot facilities and salvage operations;
  5. All contributions for the vessel regarding general average;
  6. All claims arising from borrowing money (contracts of credit) performed by the master of the vessel, in ports other than the port of registry in cases of special need, also including all unpaid material delivered to the vessel without borrowing money in cases for need and limited to those need, for repair of the vessel or for completion of the voyage;
  7. Even in cases where there are owner and carrier different persons, all claims arising from non delivery of the cargo or cargo damage and all claims arising from (total or partial) the non-performance of the contracts of affreightment;
  8. All claims arising from (total or partial) non-performance of the obligations either committed by the master using his power of act on behalf of the owner (Article 948 / 1-1) or by the owner himself (Article 948 / 1-2), which are standing off the limits of the above mentioned claims;
  9. All claims arising from the neglect of the crewmembers. (Article 947, 948 / 1-3) ,
  10. All claims arising from the Social Security Commitments of the owner. (Social Security Premiums, etc.)
The term "lien" as used here differs from its use in English law, where it provides a special right allowing the claimant to sell the vessel at auction through enforcement via a special procedure, in addition to the right to prevent the vessel from sailing.

It is important to draw attention to the fact that outstandings in relation to parts and provisions, such as spares, bunkers or oil, delivered to a vessel at a port other than the port of registry have a potential for creating a maritime lien on the vessel as per TTK.art.1235/6. The general rule for this is that the purchase should have a nature of absolute necessity either for completion of the voyage or for maintenance of the vessel. According to recent court of appeal awards, the “necessity” issue has become well settled. The claimants should prove that the purchase of the part or provisions was necessary in order to enable the vessel to complete the particular voyage or there was urgent need in order to maintain the vessel properly. For example, if the vessel lost her anchor on a voyage, purchase of a new one during the course of the voyage represents an absolute necessity.

There are specific rules in respect of the relation of maritime liens to each other:

- The lien standing on the top of the list (If a vessel is sold through official public auction, all expenses, other than those for the expenses for public auction, which arise from watching and safeguarding the vessel) have an absolute priority.

- The lien standing at the end of the list (All claims arising from the Social Security Commitments of the owner.) has the least priority.

- The liens between 2 and 9, if they are in relation to different voyages, the claims arising during latter voyages will have priority over former claims. If those liens are in relation to a single voyage, the list also represents the degree of priority of those claims, ie lien number 2 has a priority on number three, this over number four, etc.

Dr.M.Fehmi Ülgener
-ÜLGENER LAW OFFICE / LEGAL CONSULTANTS
-Denizciler Is Merkezi,
A Blok, Fahrettin Kerim Gökay Cd,
Altunizade,
81190, Istanbul, Turkey
+90 216 391 71 91 Tel Pbx, +90 216 391 72 27 Fax,
[email protected]

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