## Facts

- The USS Julius A. Furer, a U.S. Navy warship, grounded on June 30, 1974, on a sandbar off the Dutch coast.
- B.V. Bureau Wijsmuller, a Netherlands towing and salvage company, dispatched four of its tugs to assist in refloating the vessel.
- Wijsmuller and the vessel’s commanding officer executed a Lloyd’s Open Form salvage agreement that provided for arbitration in London; the dispute nevertheless proceeded in federal court.
- The United States conceded that Wijsmuller rendered salvage services and that a salvage award was owed under general maritime law.
- The parties disputed (i) the degree of marine peril (Wijsmuller alleging a substantial risk of total loss; the United States asserting minimal risk) and (ii) how much the tugs’ efforts contributed to the refloating.
- Additional disputes included whether Wijsmuller should be treated as a professional salvor in fixing the award and whether the award should account for exchange-rate changes and payment delay.

## Issues

1. What salvage award amount was reasonable for Wijsmuller’s services in refloating the grounded warship, given the actual peril, skill, and success involved?
2. Whether Wijsmuller qualified as a professional salvor entitled to special consideration in determining the award.
3. Whether the court could increase the award to reflect exchange-rate changes and the delay between performance of services and payment in a suit against the United States under the Public Vessels Act.

## Decision

- The court exercised admiralty jurisdiction under the Public Vessels Act based on the United States’ concession of statutory reciprocity.
- The court awarded Wijsmuller salvage compensation, finding the incident involved meaningful peril and that Wijsmuller’s assistance contributed to the successful refloating, but not to the catastrophic extent claimed by Wijsmuller.
- The court treated Wijsmuller as a professional salvor and weighed that status in favor of a more substantial award than would be typical for an ad hoc rescuer.
- The court included an additional component aimed at accounting for currency-value changes and delay in payment, an aspect that later became the focus of appellate scrutiny.

## Legal Principles

- A salvage award requires (1) marine peril, (2) voluntary service, and (3) success; when entitlement is conceded, the primary task is fixing a reasonable award amount.
- The salvage award is determined by traditional factors, including the degree of danger, the skill and labor involved, the resources employed, and the success achieved, measured against the property saved.
- Courts may give added consideration to professional salvors because maintaining specialized salvage capability and readiness serves recognized maritime policy objectives.
- In actions against the United States under the Public Vessels Act, attempts to compensate for payment delay or currency fluctuation must be evaluated against sovereign-immunity limits on recoverable interest or interest-like additions.

## Conclusion

The court held that Wijsmuller, as a professional salvor, was entitled to a substantial but moderated salvage award for refloating the grounded USS Julius A. Furer, and it structured the award to address currency and delay effects, raising questions about permissible recovery components against the United States.


B.V. Bureau Wijsmuller v. United States, 487 F. Supp. 156 (S.D.N.Y. 1979)