Eclipse has been found afloat

Talbot

Talbot

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(from lattitude 38):

English catamaran designer Richard Woods and his Oakland-based girlfriend Jetti Matzke have some good news - Eclipse, the 32-ft cat Woods designed and built, and which they had to abandon because of severe weather in the Gulf of Tehuantepec 10 weeks ago - has been found. According to Woods, the bad news comes in two parts:

"The first is obvious from the photo attached, as Eclipse is a bit of a mess! It's incredible what 10 weeks at sea can do. The second part is that when she was found by tuna fishermen, she was 1,000 miles from Acapulco, the nearest land, 1,800 miles from Ecuador, where the fishermen are based, 2,200 miles from Panama, and over 1,100 miles from where we abandoned her. In other words, Eclipse is in the middle of the Pacific!

Eclipseabandon3.jpg


"Currently we are in negotiations with the fishing agent over a suitable salvage fee. But we already know that it is going to be expensive to refit Eclipse, because as we feared, the tuna fishermen were not the first to find my cat. The first salvors took all the electronics, mainsail, boom and who knows what else. So it will cost thousands in materials alone to get her back into sailing condition. But at least she's still upright and appears to be floating on her marks, so she can't be leaking."
 
I find the whole salvage rights thing rather naff. I can understand paying a nominal fee to someone who's come across your boat, and has been kind enough to report its location, and maybe even towed it to the nearest port.
But finding an obviously non derelict boat, ripping all the equipment out, and then not even bothering to report it, well, what can one say?

Personally, I'm not one to benefit from other people's misfortunes.

But then, it's all just my very own, personal opinion.
 
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First salvors = scumbags. You wouldn't find me crying if they met an untimely death.

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Aren't those birds vultures?
 
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Isn't the law of the sea that an abandoned vessel becomes the property of the finder? I thought that was where the idea of salvage rights came from.

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No. International law says the salvor has the "right to equitable remuneration". Generally negotiated in the salvage contract.

If "the payment under the contract is in an excessive degree too large or too small for the services actually rendered" ie. if the salvor uses his position of power to negotiate an unreasonably large fee then the contract may be subsequently annulled or modified.

See the International Convention on Salvage of 1989 and the Convention for the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea of 1910.
 
Thanks for that clarification.

I take it that the value of the vessel is taken into account.
Is there a rough rule of thumb relating the value of the salvaged vessel to the charge made?

I take it the finder has no right to the vessel nor to charge more for services than the vessels value?
 
[ QUOTE ]
I take it that the value of the vessel is taken into account.
Is there a rough rule of thumb relating the value of the salvaged vessel to the charge made?

I take it the finder has no right to the vessel nor to charge more for services than the vessels value?

[/ QUOTE ]
Yes to all of those:-

"In no case shall the sum to be paid exceed the value of the property salved"

If there's no fee agreed in advance, then the salvor has the right to a reward anyway:

"The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:

(a) the salved value of the vessel and other property;

(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;

(c) the measure of success obtained by the salvor;

(d) the nature and degree of the danger;

(e) the skill and efforts of the salvors in salving the vessel, other property and life;

(f) the time used and expenses and losses incurred by the salvors;

(g) the risk of liability and other risks run by the salvors or their equipment;

(h) the promptness of the services rendered;

(i) the availability and use of vessels or other equipment intended for salvage operations;

(j) the state of readiness and efficiency of the salvor's equipment and the value thereof.
 
Bit like the 79 Fastnet.....how many people lost their live's after abandoning seaworthy vessels......storm or no storm the vessel obviouslly survived............I would say untill the water is up to the gunwhales stay aboard!!!! It always seems far worse than it really is

Paul.
 
I agree entirely WHAT on earth encouraged any one to abandon her in the first place when after all the elapsed time she floats out of the blue intact and on her marks.
Three electric f 10 storms in mid Atlantic and I know where I want to be Steel, Wood, and even tupperwear. any time over inflated air bags.
 
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I agree entirely WHAT on earth encouraged any one to abandon her in the first place when after all the elapsed time she floats out of the blue intact and on her marks.


[/ QUOTE ]Answers HERE 30 foot waves, shredded sea anchors and a US helicoptor offering to take you off might have some effect on the decision making.
 
Been there only it was 100ft waves 300ft apart and no helicopter and certainly would not want to try and get on one if there had of been we were well battened down and felt secure all be it some what horrendous.
But having said that there is no way I would deny any one else's decision to go if the choice was offered by a helicopter. I must admit it was a life raft I assumed they had taken to.
 
[ QUOTE ]
[ QUOTE ]
I agree entirely WHAT on earth encouraged any one to abandon her in the first place when after all the elapsed time she floats out of the blue intact and on her marks.


[/ QUOTE ]Answers HERE 30 foot waves, shredded sea anchors and a US helicoptor offering to take you off might have some effect on the decision making.

[/ QUOTE ] Anyone know what are the maximum winds speeds in which the US Coastguard/navy helicopters will operate a rescue in?
 
If you read the accounts from Perfect Storm, I forget the skippers name, I have it hidden away somewhere on CDROM.

The US coastguard being of a more military nature are a little more persuasive than our boys in these situations. The accounts from Richard make scary reading and no one else can make the decision from an armchair back home.

In hindsight and now woods owners have a case study, a future situation in this vain the skipper or Richard has the knowledge that he has designed a fabulous boat that will look after them.

No amount of tank testing can give the confidence that this photograph has. I for one would buy a Woods cat on this advert if I was in the market for a 33ft multi.

If you were on an untried boat getting thrown about with a warm helo overhead ready to pull you out, I wonder. Like I said, knowing this information now, things are obviously different.

As short as Richard has been with me on occasion, I would never doubt his decision at the time as the right one, i.e. He and his gurlyfriend are alive after being caught in a killer storm, how could that be wrong?
 
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Anyone know what are the maximum winds speeds in which the US Coastguard/navy helicopters will operate a rescue in?

[/ QUOTE ]

In most conditions with a helicopter from a ship, it is not wind conditions that are the deciding factor in a launch, but deck movement from the launch platform.
 
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I agree entirely WHAT on earth encouraged any one to abandon her in the first place when after all the elapsed time she floats out of the blue intact and on her marks.


[/ QUOTE ]

Isn't it amazing that everyone knows what to do with a sore arse except the bloke who's got it?

OK, the boat stayed afloat, and we've all got 20:20 hindsight.
 
I am not sure from some of the comments that everyone posting on this has read Richard's accounts. If they had I would be surprised if the same comments would have been made.

I have no doubt that, irrespective of the fact the boat survived, in the conditions prevailing and with the deteriorating state of the crew from the relentless punishment being dished out by the storm that Richard made the right call. They are, after all, alive when they might well not have been.

I sincerely hope Eclipse can be recovered.
 
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