the fiberglass boat is unseaworthy, overcrowded, with about 40 people on board, no lifejackets, all exposed to the elements. These people are requiring to be rescued. It is ascertained that the distress phase exists as the persons on board are threatened by grave and imminent danger of being lost and require immediate assistance. Relevant shipboard safety and environmental elements have been assessed and it is ascertained MV Ocean Viking has the capacity to recover all of these persons without creating serious danger to the ship and the persons thereon, in line with the provisions of Art. 98 of the UNCLOS Convention. Also, not any risk of pollution will result. As this is a case of force majeure (ref.SOLAS Art. IV) imposing to retrieve persons in danger of being lost at sea, as stipulated by the relevant International Maritime Conventions.
April 21, 2023 01:10