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Secret Experiment

Good news, someone's recovered my lost spinnaker.....

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Interesting message today from Marine and Safety Tasmania via Australian Sailing. It's self explanatory.  I've never seen anything like this before in a sailboat context but, with a bit of reflection, it's all as it should be.  Better check my insurance policy before I go sailing again, methinks.

Sails Overboard – message from MaST

 

Dear clubs and boat owners and sailors

Please see the below message from Marine and Safety Tasmania (MaST):

Hope all the races into Hobart went well and that all the hard work from the Volunteers was well received by participants.

Something that may be worth considering for this year’s races or any indeed race around the coast.

A spinnaker from one of the Sydney Hobart fleet was lost over the side. A fishing boat near Tasman got it caught around the shaft on the 30 December and has done a fair amount of damage. We have seen the sail and ID from the sail number. The owner of the yacht has been notified and put in touch with the fishing boat owner.

I think it essential that if this occurs in Tassie waters that we are notified so a Notice to Mariners can be issued. It appears up to 10k damage has occurred to the fishing boat. Considering issues with other marine debris we need to be consistent.

Can race organisers be notified so perhaps such an issue can be part of the sailing instructions.

Supplied by Marine and Safety Tasmania (MaST)

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gooses and ganders , adding to the SI's make sense , especially as MaST has now put it out there .

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2 minutes ago, Bill E Goat said:

Interesting as to potential liability, once it is over the side and presumed lost is there any liability on the owner ?

of course there is you can not just toss stuff into the ocean .

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30 minutes ago, Mid said:

of course there is you can not just toss stuff into the ocean .

I dont think anyone intentionally throws a kite into the ocean, except in the old days of the Americas cup, but they had chase boats to pick it up

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2 minutes ago, Bill E Goat said:

I dont think anyone intentionally throws a kite into the ocean

Intent shouldn't be an issue. Surely doesn't matter for the fishingboat.

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sadly the lack of intention ain't going to be relevant .

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Just now, Mid said:

sadly the lack of intention ain't going to be relevant .

Why sadly?  Secure your shit and don't lose it into the ocean. If you do lose it, you pay for any damages. Seems about right to me.

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1 minute ago, NORBowGirl said:

Why sadly?

indeed , a mistake on my behalf .

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in my defense I was just trying to soften the statement .

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3 minutes ago, Mid said:

in my defense I was just trying to soften the statement .

:)

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Like lost fishing rigs never fucked up any running gear of every tipe of boat there is at sea...

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50 minutes ago, chuso007 said:

Like lost fishing rigs never fucked up any running gear of every tipe of boat there is at sea...

If you could identify the owner......I guess you'd have a case against them :)

Haha, I remember one time we got the line for a lobster pot stuck in our rudder. The plastic can it was attached to, was blue - not an ideal colour - it was very difficult to spot. The lobster pot owners must put their ID on the cans, so that the fishing police (I don't know who they are but some authority is in charge of this...) can check that they do everything by the books. They are only allowed to fish in their local area, for example.

We were pissed off, so we cut loose the can and took it with us, and dropped it 200 miles away (we were on a long delivery), way off of this local lobster fisher's designated area (and no current could have gotten it there of course). Hopefully he got in some kind of trouble...we felt evil, in a good way.

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1 hour ago, chuso007 said:

Like lost fishing rigs never fucked up any running gear of every tipe of boat there is at sea...

you know what is said about 2 wrongs ...................

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we felt evil, in a good way

Because destroying legally placed, professional equipment that's the basis of someone's business and livelihood feels good to you?

 

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2 hours ago, chuso007 said:

Like lost fishing rigs never fucked up any running gear of every tipe of boat there is at sea...

Exactly! 

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2 hours ago, Moonduster said:

we felt evil, in a good way

Because destroying legally placed, professional equipment that's the basis of someone's business and livelihood feels good to you?

 

Cause it was stupid to use a blue tank in the water. And we don't have professional lobstermen here, it's purely a hobby where they are allowed to fish maybe 10 lobsters, during a three week period every year.

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I don't see a problem with the owner of the fishing boat claiming costs from the owner of the sailing boat. Isn't it for unfortunate incidents like this that we carry insurance? (and given that this was a S2H boat, I'm gonna assume it carried insurance).

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1 minute ago, Weyalan said:

I don't see a problem with the owner of the fishing boat claiming costs from the owner of the sailing boat. Isn't it for unfortunate incidents like this that we carry insurance? (and given that this was a S2H boat, I'm gonna assume it carried insurance).

think it's more the point that they were able to track him down ......................

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not going to work , you would need to supply a buyers details and remember if was traced by the sail number as per the race entry .

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Well, There is also RRS Rule 55

Quote

55 TRASH DISPOSAL

A competitor shall not intentionally put trash in the water.This rule applies at all times while afloat.The penalty for a breach of this rule may be less than disqualification.
 

one definition of "trash" is "discarded matter"

If the sail got wrapped in a fishing boat prop, it was not in the bag.., which indicates that the crew knew they lost it overboard

did they shrimp it and decide to cut it loose?

was there any cutting or action that could make it an "intentional" act?

 

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10 hours ago, chuso007 said:

Like lost fishing rigs never fucked up any running gear of every tipe of boat there is at sea...

This is the relevant bit me thinks..  A good lawyer is going to try and find any incident in the world where they traced some gear back to the pro fishing boat and go from there.   Sailboat skip just needs to prove it is normal to loose shit overboard while racing.  Not too hard to do...

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4 hours ago, kent_island_sailor said:

What a coincidence! I sold that sail last year :rolleyes:

 

4 hours ago, Mid said:

not going to work , you would need to supply a buyers details and remember if was traced by the sail number as per the race entry .

OMG, you're contacting me to tell me you found the spinnaker that got stolen from me last year?

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same one these witnesses saw you flying in the race .

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1 hour ago, shaggy said:

This is the relevant bit me thinks..  A good lawyer is going to try and find any incident in the world where they traced some gear back to the pro fishing boat and go from there.   Sailboat skip just needs to prove it is normal to loose shit overboard while racing.  Not too hard to do...

10K is not enough to engage the attention a good lawyer.

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3 hours ago, SemiSalt said:

10K is not enough to engage the attention a good lawyer.

Oh, I don't know, Semi, I bet it'll be more when the lawyer files the complaint. ;)

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3 hours ago, Mid said:

same one these witnesses saw you flying in the race .

Put it in the dumpster at my club. I have  several the same colour etc

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19 hours ago, shaggy said:

This is the relevant bit me thinks..  A good lawyer is going to try and find any incident in the world where they traced some gear back to the pro fishing boat and go from there.   Sailboat skip just needs to prove it is normal to loose shit overboard while racing.  Not too hard to do...

That’s why I fill my floating winch handles with lead. I don’t want to damage any other boat with my racing offloads.

 

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