Please select your home edition
Edition
Zhik - Made for Water

Responsibility at sea - global conversation hots up

by Nancy Knudsen on 6 Jul 2010
French yacht Tanit - the crew were told repeatedly that the area was too dangerous SW
The global conversation about responsibility at sea is hotting up, with the French Government about to enact a bill that will require adventurers to pay for their rescues, and an ex-White House aide asking why Abby Sunderland's parents should not be sued for Child Endangerment.

In France the debate has resulted in a proposed law, put forward by a government tired of having to foot the bill, that would enable the state to demand reimbursement for 'all or part of the costs … of foreign rescue operations' if it deems that travellers had ventured knowingly and without 'legitimate motive' into risky territory.

Last month Australia and France paid for the return of Abby Sunderland, the teenage sailor who got lost at sea and whose rescue is estimated to have cost up to $300,000.

According to the foreign ministry, the bill is an attempt to encourage a 'culture of responsibility' among French travellers at a time of frequent kidnappings, hijackings and civil instability across the world. The ministry hopes that the prospect of being saddled with paying costs such as emergency air fares home will make people think twice about venturing into territory classified as dangerous. There is no question of ransoms being included in the cost, unsurprisingly, as France insists it never pays them.

Several French-led overseas missions in recent years have sparked debate over who should shoulder the financial burden for holidays gone drastically wrong.

Last year, several French yachts were hijacked by pirates off Somalia, with one of the commando raids culminating in a man, Florent Lemacon, being killed. Officials expressed exasperation that the sailors had been warned repeatedly of the region's dangers but sailed on nonetheless.

It is unclear which, if any, of these rescue operations would have been affected by the legislation, which applies to 'people who have deliberately exposed themselves, without a legitimate motive stemming from their professional situation or a situation of emergency, to risks of which they could not have been unaware'.

Similar steps have been taken by other countries, including Germany, where last year a court ruled that a German backpacker taken hostage in Colombia in 2003 should pay €12,000 (£10,775) to cover the cost of her helicopter rescue.

But the law – approved by the senate in May – has its critics. Many feel it is the state's duty to help its citizens in need, no matter how reckless their activities.

But the government insists that neither journalists nor aid workers would be affected by the law, which would be applied 'case by case'. 'Obviously journalists who take risks are protected … They are excluded, aid workers too,' said Kouchner.

It is unclear to what extent the French law would affect adventure seekers and extreme sports participants, whose daring exploits and dramatic rescue stories provoke sporadic rows over whether the taxpayer should foot the bill for the recklessness of a minority.

Abby Sunderland's exploits pale in comparison with those of Jim Shekhdar, a Briton who had to be rescued twice while trying to row solo from Queensland to Cape Town in 2003. Both operations are believed to have cost six-figure sums

USA Debate:


At the same time in the USA, ex-White House aide Robert Weiner and Noah Merksamer, policy analyst for Robert Weiner Associates, have weighed into the furore caused by Abby Sunderland's rescue in the Indian Ocean. They are asking why Lawrence and Marianne Sunderland are not being prosecuted for endangering their daughter, a minor, by allowing and expediting her extremely high risk, life-threatening solo boat voyage around the globe.

In a column in the July 4 Ventura County Star (California), the paper near the Sunderlands, Weiner and Merksamer say, 'On June 10, sixteen-year old Abby Sunderland of Thousand Oaks, CA nearly lost her life -- with her parents' permission. Instead of merely questioning the decision of Laurence and Marianne Sunderland to place their daughter in the middle of the Indian Ocean by herself during storm season, the media should be asking why legal action has not been pursued.'

The authors cite California Penal Code 273: Any parent who 'willfully causes or permits that child to be placed in a situation where his or her person or health is endangered' can be charged with Child Endangerment.
Weiner and Merksamer continue, 'The young would-be world sailor became stranded in a remote part of the ocean when a storm wrecked her boat, Wild Eyes (even the name is a message). Waves and hurricane force winds left her helpless in the broken sailboat.'

'If leaving an infant in a hot car for too long is considered a felony by California's child endangerment laws, shouldn't sending a minor on an enormously high risk, solo voyage across the globe, with no rescue boat or plane nearby, qualify?'

Weiner and Merksamer include the possibility that Abby's voyage was a publicity stunt for the parents -- the father engaged in discussions for a reality TV show but so far has turned down the contract.

Weiner and Merksamer assert, 'Parents are supposed to guide teen know-it-alls. None of us is that far removed from our teenage years, when we thought we had judgment but later realized we hadn't. That's what parents are for. We fondly look back and remember our parents saying 'No.'

The question of reimbursement for the rescue was not at issue, as her rescue occurred outside of American waters.

Sea Sure 2025Hyde Sails 2024 - One DesignAllen Sailing

Related Articles

NZ ILCA Nationals - Day 3
There is an extremely tight contest at the top of the world class ILCA 7 fleet after Day 3 A lovely 15 knot easterly, blue skies and a nice rolling swell with choppy waves, all combined to provide interesting beats and excellent surfing downwind. The open ocean conditions and excellent courses made for top quality racing
Posted on 17 Jan
2026 Finn Class Webinars with Piotr Kula
Bringing you some of his extensive Finn sailing knowledge Long time Finn sailor and 2012 Olympian, Piotr Kula, is running two webinars for the Finn Class in January and March.
Posted on 17 Jan
2026 Chemical Riders event makes history
The best competition conditions ever recorded in the region The Chemical Riders Haifa delivered a breakthrough moment for Eastern Mediterranean windsurfing, unfolding in what riders and officials described as the best competition conditions ever recorded in the region
Posted on 17 Jan
Black Foils ruled out of racing in Fremantle
Burling: "The impact was about a metre away from me and it left me pretty shaken" The Black Foils have been ruled out of tomorrow's racing at the Oracle Perth Sail Grand Prix presented by KPMG due to damage sustained in an incident with Switzerland during today's opening race.
Posted on 17 Jan
Henri-Lloyd's Consort Round the World Race Jacket
Iconic jacket updated for modern performance The new Consort Round the World Race Jacket is a contemporary re-engineering of one of Henri-Lloyd's most iconic jackets, famously worn by Sir Francis Chichester during his solo circumnavigation of the globe in 1966-67.
Posted on 17 Jan
SailGP: Kiwis in race to be ready for Auckland
Black Foils' stern section wiped off after high speed collision with Swiss The first race of the Oracle Perth Sail Grand Prix sailed off Fremantle, literally started with a bang, when New Zealand's Black Foils had a collision with the Swiss team as the boats crossed tacks downwind.
Posted on 17 Jan
World Sailing invites Double Handed Worlds bids
To host the 2027-2029 Offshore Double Handed World Championships World Sailing is inviting Member National Authorities (MNAs), yacht clubs, manufacturers and regions and cities to bid to host the 2027-2029 Offshore Double Handed World Championships.
Posted on 17 Jan
SailGP: Artemis, U.S. and DS France in lockstep
New Zealand out for the weekend after a shocking collision with the Swiss in Race 1 The Rolex SailGP Championship's 2026 Season opener has already wrought havoc across the fleet – with New Zealand out for the weekend after a shocking collision with the Swiss in Race 1.
Posted on 17 Jan
SailGP: Fremantle turns on a sizzler
Fremantle turned out one of the most action-packed days of SailGP, now in its sixth season. Renowned for the action seen forty years ago in the 1986/87 America's Cup, Fremantle took the old and a new generation of sailing fans, right back to where the America's Cup left off.
Posted on 17 Jan
2025-26 Australian 18ft skiff Championship day 1
Strong winds earlier in the day forced race officials to alter the race schedule The Yandoo team of Micah Lane, Fang Warren and Lewis Brake grabbed the lead shortly after the start and despite a strong challenge from the Shaw and Partners Financial Services team over the concluding stages of the race led all the way.
Posted on 17 Jan