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Catalina/Capri 25/250 Sailor's Forums

General Sailing Forum

Using Suzuki 9.9 for Anchor

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Tim~OR-IDA
Deckhand

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17 Posts

Initially Posted - 09/05/2002 : 14:51:25

Monday I was pulling in my anchor on Cascade Lake, ID when it got real difficult. I kept pulling until I had a 1993 Suzuki 9.9 outboard safely in my dingy. It appears really dirty, but upon removing the cover and hosing it off, no rust was evident except on a couple bolts. My guess from the mud that is very difficult to remove is that it was down there for at least 4 months.

Does anyone think it would be worth it to tear it apart and try to get it going? I am a pretty good mechanic. Has anyone ever gotten a long term submerged motor going again? Before the friendly Marine Sheriff came and confiscated it, I took out the plugs and poured in oil. I also completely sprayed the exterior with lubricant.

I think I will have to wait several months to get it back from the sheriff. Hopefully it won't rust too much between now and then.

After pulling in a 100# motor on 3/8 rope, I understand "labor day" a lot more.<img src=icon_smile_wink.gif border=0 align=middle>

Tim

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jm
Captain

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Canada
290 Posts

Response Posted - 09/05/2002 : 15:19:33

What ever happend to salvage rights ? Sounds like someone might have dumped it as an insurance claim to help pay for their new Honda O/B. <img src=icon_smile_shock.gif border=0 align=middle> Was the SerialNumber plate 'modified' ? If not, Suzuki HQ may be able to identify the orignal purchaser - but given its circa, who knows who had it last.

I've seen inboard motors submerged for quite some time and still be fired up after some overhaul - besides, what have you got to lose, maybe some fix-time and a few new tune-up parts (who knows what didn't work on the engine before it hit the bottom-of-the-deep-blue-sea in the first place)

Cool find - better than an old tire.

Edited by - jm on 09/05/2002 15:21:12

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Derek Crawford
Master Marine Consultant

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USA
3324 Posts

Response Posted - 09/05/2002 : 19:43:34

How did the "friendly" Marine Sheriff find out about it?
Derek

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Tim~OR-IDA
Deckhand

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17 Posts

Response Posted - 09/06/2002 : 00:45:06

The "Park Host" came down to the dock as I was lifting it into my pickup. He began asking questions and the next thing I knew I had the Park Police, County Sheriff's Deputy and Marine Sheriff's Deputy all discussing how they thought the motor might have ended up on the bottom. I mentioned marine salvage rights and the marine deputy quickly said that didn't apply to fresh water.

Don't know what the real story is, but I know I have to file some sort of civil claim to get the motor back. What a hassle.

Tim

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dlucier
Master Marine Consultant

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Virgin Islands (United Kingdom)
7583 Posts

Response Posted - 09/06/2002 : 01:23:39

Tim,

I'm not a lawyer, but after perusing the net I found some info on marine salvage at http://law.freeadvice.com/admiralty_maritime/salvage_and_treasure/

From what I gather, you are entitled to keep the motor under the "law of finds". The following questions are from the above mentioned website.

<b>DOES THE LAW OF SALVAGE APPLY TO SUNKEN VESSELS?</b>

In the case of submerged and sunken vessels, when no owner exists or can be determined, the party who recovers property abandoned is entitled to application of the "law of finds". Under this doctrine, title to abandoned property is given to the person who actually finds and takes possession of the property. Most cases decided under the law of finds involve property which was lost long ago and which has remained under the sea and beyond the reach of its original owners for many years.

<b>WHAT IS THE DIFFERENCE BETWEEN SALVAGE AND THE LAW OF FINDS?</b>

A salvor obtains a right to possess the property but not the right of ownership, and the salvor holds the saved property for the benefit of the rightful owner. However, if the law of "finds" applies, then the finder actually obtains possession and ownership of the property. In the case of a "find" the court does not have to set a value because by definition the finder takes title to the property free and clear of all other claims. Remember the rule, "finders keepers losers weepers".

Don Lucier, North Star
C25 SR/FK

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Arlyn Stewart
Master Marine Consultant

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USA
2984 Posts

Response Posted - 09/06/2002 : 09:01:51

When you access your salvage fee....the owner may give you the motor <img src=icon_smile_big.gif border=0 align=middle>

Arlyn C-250 W/B #224

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mqp
1st Mate

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USA
46 Posts

Response Posted - 09/06/2002 : 16:52:34

Tim,

At common law, you, as a finder, has superior rights to everyone else except the true owner. So, if the owner shows up and claim the engine, you're SOL. If not, it's yours.

I don't think admiralty/maritime law applies here because Cascade Lake is within the boundary of ID. Therefore, state law applies.

I'm not a lawyer yet, just a law student.

Cool find though. I hope you can get it to work (assuming the original owner doesn't claim it).

--Minh

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jandrus
1st Mate

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USA
79 Posts

Response Posted - 09/13/2002 : 09:36:12

Admirality law, and with it salvage law, is not confined to salt water. The test is acutally navigable water. This term means water susceptible to use in interstate commerce. This would include any body of water on which goods could be moved from one state to another, but also, less intuitively, any body of water on which goods could be moved from one point to another with the same state but in sufficient volume to have an impact on interstate commerce. (Sort of - to the other lawyers here I'll skip the digression into diminimus impact and the post-Lopez jurisprudence).

All salt water below the tide line is navigable. The great lakes and rivers are navigable. Some intra-state lakes have been held to be navigable.

Having said all that - Cascade Lake is probably not navigable. No salvage law. But that engine was probably abandoned and you ought to have the superior claim to it. You want to send a letter to the law enforcement agency immediately requesting the engine be treated to avoid spoiliation. They have a duty to protect your interest in the engine which means either cleaning it up or putting it back under water to prevent rust (as unintuitive as that is). If you send the letter and they don't protect the engine - they owe you. I wouldn't push it though.

Minh - if your law school offers admirarlty take it. Its fascinating.

Justin

c25 #1942 s/v tako kichi

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