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Investigations - Wrecks and Salvage Act [47 MIRC Ch 7]

47 MIRC Ch. 7

MARSHALL ISLANDS REVISED CODE 2004

TITLE 47 – MARITIME

CHAPTER 7.

INVESTIGATION OF WRECKS AND SALVAGE

ARRANGEMENT OF SECTIONS

Section

PART I - WRECKS AND SALVAGE

§701. Short Title.
§702. International agreements as to derelicts.
§703. International agreements; derelicts; expenses.
§704. Vessels stranded on foreign coasts.
§705. Right to salvage not effected by ownership of vessel.
§706. Salvage remuneration.
§707. Time limit for salvage suits.
§708. Recovery for salvage services rendered by Government vessels.

PART II – INVESTIGATIONS

§709. Marine casualties.
§710. Marine casualty investigations.

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The legislation in this Chapter 7 was previously codified as Part IX of 34 MIRC 3.
[With the repeal of original ss708-719, sections 720 and 721 below now re-numbered as 709 and 710 respectively] [Rev2003].

Commencement: 13 September 1990
Source: P.L. 1990-92
P.L. 2001-27

PART I - WRECKS AND SALVAGE

§701. Short Title.

This Chapter may be cited as the Investigations - Wrecks and Salvage Act.
[Short title supplied by Commissioner.].

§702. International agreements as to derelicts.

The President is hereby authorized to make international agreements with governments interested for the reporting, marking and removing of dangerous wrecks, derelicts and other menaces to navigation in the Central Pacific Region outside the coastal waters bordering the Republic. [P.L. 1990-92, §141.]

§703. International agreements; derelicts; expenses.

(1) The President may conclude agreements with interested maritime nations for:

• (a) a service of assistance to vessels and crews requiring aid within the limits of a patrol to be defined in the agreement concluded; and
  
• (b) a service for the destruction or removal of derelicts in the Central Pacific Region, the area in which said service is to be maintained to be determined in such agreements by appropriate latitudinal and longitudinal boundaries.
  

(2) The President may include in such agreements a provision for payment to the Government of the Republic by the countries concerned of a proportionate share of the expense for the maintenance of the services named. All such agreements shall be subject to ratification by the Nitijela. [P.L. 1990-92, §142.]

§704. Vessels stranded on foreign coasts.

The Commissioner and Deputy Commissioner and any Special Agent in countries on whose shores vessels of the Republic are stranded shall take proper measures for saving the vessels, their cargoes and appurtenances, storing and securing the effects and merchandise saved, and taking inventories thereof; and such merchandise and effects with inventories thereof shall, after payment of the expenses, be delivered to the owners. The Commissioner, any Deputy Commissioner or any Special Agent shall not take possession of any such merchandise, or other property, when the Master, owner or consignee thereof is present or capable of taking possession of the same. The Maritime Administrator is hereby authorized to conclude agreements with countries in which the Republic is neither represented by the Commissioner, any Deputy Commissioner or any Special Agent, for the purpose of securing the service herein imposed upon the Commissioner, any Deputy Commissioner or any Special Agent in countries to which they are assigned. [P.L. 1990-92, §143.]

§705. Right to salvage not affected by ownership of vessel.

The right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services. [P.L. 1990-92, §144.]

§706. Salvage remuneration.

Salvors of human life or cargo who have taken part in the services rendered in connection with the incident giving rise to salvage are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo and accessories. [P.L. 1990-92, §145.]

§707. Time limit for salvage suits.

A suit for the recovery of remuneration for rendering assistance or salvage services shall not be maintainable if brought later than two (2) years from the date when such assistance or salvage was rendered, unless during that period there has not been reasonable opportunity for securing jurisdiction of the vessel, person or corporation to be charged, in which case the right of action shall not lapse until ninety (90) days after there has been a reasonable opportunity to secure jurisdiction. [P.L. 1990-92, §146.]

§708. Recovery for salvage services rendered by government vessels.

The Maritime Administrator or its agent and the crew of any vessels owned or operated by the Republic or its representatives, may collect and sue for salvage services rendered by such vessel and crew. Any salvage monies recovered by the Maritime Administrator, or its agent and not for the benefit of the crew, shall be held for the credit of the government agency having possession or control of the vessel rendering such service. [P.L. 1990-92, §147.]

PART II- INVESTIGATIONS

§709. Marine casualties.

In the event of any casualty involving a vessel of the Republic where there is personal injury or loss of life or there is loss of or damage to property or the vessel, the Master shall immediately forward a report thereon to the Maritime Administrator in accordance with such Regulations as the Maritime Administrator may make from time to time. Where there is a failure to execute and file a report as required hereunder, the Master and vessel owner shall each be liable to a fine of one thousand dollars (US $1,000) and five thousand dollars (US $5,000) respectively upon notice from the Maritime Administrator. [P.L. 1990-92, §148.][modified by P.L. 2001-27]

§710. Marine casualty investigations.

(1) The Maritime Administrator may, from time to time, make such Rules and Regulations as are deemed by him necessary and appropriate to the investigation of marine casualties involving vessels registered under the laws of the Republic or otherwise occurring within the jurisdiction of the Republic.

(2) The Maritime Administrator may cause a preliminary investigation into a casualty to be held by a person appointed for the purpose by the Maritime Administrator as an investigator of marine casualties and who shall have such authority as may be conferred upon him by the Maritime Administrator and/or this Title. [P.L. 1990-92, §149.][Modified by P.L. 2001-27]

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