Abstract
This paper deals with marinas as potential places of refuge. A place of refuge is a port, a part of a port, a sheltered wharf or anchorage, or another sheltered area where temporary accommodation of vessels and marine facilities is possible in order to render assistance or avoid potential threats to humans, ships and the environment. Marinas, as the most important type of nautical port, are suitable for smaller vessels. In countries like the Republic of Croatia, where the development of nautical tourism is of great importance, the obligation of marinas to provide assistance or grant access to ships in distress needs to be established. Thereby, it is essential to take into account all marina characteristics and compare them with those of other types of ports. In Croatian legislation, places of refuge are regulated by the Ordinance on Places of Refuge compliant with IMO Guidelines A.949 (23) and A.950 (23) and European Directives (2002/59 / EC). The paper analyses the suitability of the marinas as places of refuge for vessels, primarily vessels for nautical tourism.
Highlights
In accordance with International Maritime Organization (IMO) guidelines and the provisions of the 2004 Maritime Code, the Croatian Minister of Maritime Affairs was obliged to establish the places of refuge within three years, prescribe the requirements to be met by places of refuge, as well as conditions and procedures for their use. (Grabovac, 2008) In January 2008, the Ministry of Maritime Affairs issued the Ordinance on Places of Refuge, together with the basic execution document – The Plan for Accommodation of Ships in Need of Assistance
The Plan for Accommodation of Ships in Need of Assistance defines the terms used in the Plan. It details the stages of place of refuge designation prescribed by the Ordinance on Places of Refuge. According to this Plan, the location of the place of refuge is a port, a part of a port, a sheltered wharf, anchorage or other sheltered area, and the sheltered area is any area in the inland waters or territorial sea where the ship is exposed to minor effects of the wind and sea, regardless of whether it is proceeding, afloat or anchored. (The Croatian Ordinance on Places of Refuge - The Plan for Accommodation of Ships in Need of Assistance, 2008)
A designated land or sea area is deemed unsuitable for the accommodation of a ship if (The Croatian Ordinance on Places of Refuge - The Plan for Accommodation of Ships in Need of Assistance, 2008): − it is not sheltered against the prevailing winds and waves; − it does not ensure satisfactory ship safety; − there is dense traffic of other vessels and watercraft in the immediate vicinity; − it would be much more difficult to abandon the ship in case of emergency; − the access of people and land resources to the ship becomes inadequate or lengthy due to a slight increase in wind and waves
Summary
A place of refuge is a port, a part of a port, a sheltered wharf, anchorage or another sheltered area in the inner sea waters or the territorial sea where a ship or a watercraft in distress can find refuge, and where it is less exposed to wind and sea, regardless of whether it sails, floats, or is anchored. (The Croatian Ordinance on Places of Refuge, 2008) The Ordinance uses the term vessel in need of assistance or vessel in distress This includes any maritime facility (other than a warship) that is in a situation which does not require the search and rescue of people, indicating the possibility of loss of ship or the endangerment of the marine environment or navigation. The question is whether marinas are suitable places of refuge for ships and other watercraft found in distress near the coast At this point, nautical tourism vessels, normally accommodated in marinas, need to be distinguished from traditional passenger and, in particular, cargo vessels (tankers, etc.) that pose a much bigger threat of pollution of the marine environment. No relevant research dealing with the issue of the establishment of the place of refuge for ships in distress, delves either into the status of marina as a special type of port, nor examines the possibility of designating marinas as a place of refuge for ships. (Qi et al, 2018; Sanchez Ramos, 2017)
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