U.S. Code » Title 46 » Subtitle Subtitle VIII— Miscellaneous › Chapter CHAPTER 801— WRECKS AND SALVAGE

46 U.S.C. § 80107

Salvors of life to share in remuneration

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(a)Entitlement of Salvors.—A salvor of human life, who gave aid following an accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salvaging the vessel or other property or preventing or minimizing damage to the environment.(b)Common Ownership of Vessels.—The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.(c)Time Limit on Bringing Actions.—A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given, unless the court in which the action is brought is satisfied that during that 2-year period there had not been a reasonable opportunity to seize the aided or salvaged vessel within the jurisdiction of the court or within the territorial waters of the country of the plaintiff’s residence or principal place of business.(d)Nonapplication.—This section does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.(Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

80107(a)

46 App.:729.

Aug. 1, 1912, ch. 268, §§ 1, 3–5, 37 Stat. 242; Pub. L. 102–241, § 40, Dec. 19, 1991, 105 Stat. 2225.

80107(b)

46 App.:727.

80107(c)

46 App.:730.

80107(d)

46 App.:731.

In subsection (c), the words “civil action” are substituted for “suit”, the words “must be brought within 2 years after” are substituted for “shall not be maintainable if brought later than two years from”, and the word “seize” is substituted for “arresting”, for consistency in the revised title. The words “of the plaintiff’s residence or principal place of business” are substituted for “in which the libelant resides or has his principal place of business” for consistency and to eliminate unnecessary words.

In subsectoin [sic] (d), the reference to section 2304 of title 46 is omitted because of the amendment to section 2304 in section 14(8) of the bill.

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2010–2023 · leading case: Michael Williamson v. Recovery Ltd. P'ship, 731 F.3d 608 (6th Cir. 2013).
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Michael Williamson v. Recovery Ltd. P'ship, 731 F.3d 608 (6th Cir. 2013). “The entity defendants argue that the entirety of the plaintiffs’ case is time barred under 46 U.S.C. § 80107 (c): A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given,…”
Am. S.S. Owners Mut. Prot. & Indem. Ass'n v. Dann Ocean Towing, Inc., 756 F.3d 314 (4th Cir. 2014). “§ 30701 note), and on maritime salvage actions, see 46 U.S.C. § 80107 (c). In this case, the district court ultimately agreed with Dann that parties to a maritime insurance contract may elect to avoid the doctrine of laches by including in their contract an enforceable…”
Dorothy J. v. City of New York, 749 F. Supp. 2d 50 (E.D.N.Y 2010). · cites it 2× “§ 80107 (c), the practice apparently reflected the understanding that seamen are transient and might not be in a position to press their claims, and Creamer and Druda were in no such predicament. Druda testified that he received phone calls from both sides regarding the case,…”
Bourgeois v. Weber Marine, LLC, 80 F. Supp. 3d 721 (M.D. La. 2015). “§ 730 (now 46 U.S.C. § 80107 (c)) related to salvage assistance claims and explained: In [Burnett], an action brought under the [FELA], the Supreme Court indicated that the mechanical application of state ‘saving statutes’ to the federal statute of limitations would frustrate…”
Curran v. Wepfer Marine, Inc. (W.D. Tenn. 2021). · cites it 2× “BACKGROUND Plaintiff filed this action on October 14, 2020, seeking compensation from Defendants for “salvor services” pursuant to 46 U.S.C. § 80107 . (ECF No. 1.) Plaintiff’s second amended complaint (ECF No.”
Bynum v. Ingram Barge (5th Cir. 2023). “” 46 U.S.C. § 80107 (c). It is undisputed that Bynum did not bring this action to recover remuneration for salvage services within two years of performing those services.”
Curran v. Wepfer Marine, Inc. (W.D. Tenn. 2021). “BACKGROUND Plaintiff filed this action on October 14, 2020, seeking compensation from Defendants for “salvor services” pursuant to 46 U.S.C. § 80107 . (ECF No. 1.) Plaintiff’s amended complaint asserted the following: (1) “salvage claim,” under general maritime law and under 46…”
Sing Fuels Pte Ltd. v. M/v Lila Shanghai (imo 9541318) (E.D. Va. 2021). “§ 30701 note), and on maritime salvage actions, see 46 U.S.C. § 80107 (c). 3. “As a general rule, in deciding whether maritime claims are barred by laches, courts of admiralty may review local limitations as rules-of-thumb concerning the presence of prejudice or excusable delay.”
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