"stress of circumstance"

[sarabande]

Has it been established within marine/Admiralty law that even MCZs with prohibited anchoring can be used by boats whose crew are fatigued or under similar stress of circumstance ?

As in ordinary practice of mariners ?

 

[billskip]

What about the seahorses, are they going to protest?

 

[jamie N]

Crikey; great question.
Safety of crew and vessel is paramount in all circumstances, isn't it? It's a decision that's made, and then scrutinised 'after' the event by the MCA.
Not an informed answer to your question of course, but the way I'd think of it.

 

[KevinV]

I'd be interested to hear how acute the emergency would have to be - I'm guessing "I really needed a cuppa" wouldn't cut the mustard

 

[dunedin]

Has it been established within marine/Admiralty law that even MCZs with prohibited anchoring can be used by boats whose crew are fatigued or under similar stress of circumstance ?

As in ordinary practice of mariners ?

Have you read any of the formal stuff on Studland etc as I expect you will find that is already covered.

 

[Tranona]

It is indeed. oldharry instrumental in making sure NE recognised those issues. Not of course tested yet, but there is no "law" specific to MCZ management - devolved to the agency under its general powers. Ot does have the option however to make compliance a legal requirement, but has so far tried to get voluntary compliance.

 

[penfold]

SOLAS takes precedence and unless the judge is brain damaged you'd win whatever court case transpired.

 

[oldharry]

I fought this one long and hard. So now it is written in that Safety ALWAYS takes priority over MCZ and conservation considerations.

However, and MMO see this clearly enough: what constitutes an emergency? Obviously howling winds, mountainous seas, with RNLI and HMCG SAR units involved is clear enough. Even if Studland church choir doesn't turn out on Old harry headland to sing the Lifeboat hymn as a backing.....

So what about Oldharry, singlehanding his way home as I have often enough done, across Lyme Bay after a slow and difficult passage, overtired and therefore likely to make mistakes..... is that the kind of 'emergency' that would still allow me to pull in and drop my hook for a hot meal and a bit of shut-eye?

MMO now agree that anchoring to prevent an emergency is just as important, but I strongly suspect that NE and seahorse huggers still dont see it. That doesnt matter too much as its MMO who call the shots.

But as Tranona says, it has not yet been tested in court, mainly because the NAZ is at this point voluntary, so anchoring there will not lead to a court case. MMO went a step further and said they would refuse to consider complaints about individual breaches of the VNAZ. At this stage, anyway.

 

[Stemar]

Can I anchor in an emergency?
Yes. On the MMO document ‘Frequently Asked Questions – Studland BAY MCZ’, the MMO states the following:

‘MMO expects people to respect any management measures put in place, but safety of life at sea will always come first. The right to anchor under emergency conditions, or to avoid a genuine emergency situation, within Studland Bay will continue.’

Now define emergency...

So what about Oldharry, singlehanding his way home as I have often enough done, across Lyme Bay after a slow and difficult passage, overtired and therefore likely to make mistakes..... is that the kind of 'emergency' that would still allow me to pull in and drop my hook for a hot meal and a bit of shut-eye?

I'd expect you to use one of the promised "eco moorings" - same for any other emergency that still allows you or me to manoeuvre. In the absence of a suitable mooring, I would call that an emergency, but would a court expect you to go into the harbour? Not quite the same, but I understand that "I'm falling asleep at the wheel" is not enough of an emergency to take a nap on the hard shoulder.