Ocean Viking in position 34 24 N 012 50 E sends an email to MTRCC, with ITMRCC in copy, to inform that she spotted the adrift boat in distress by binoculars and launched two rhibs to assess the situation. The fiber boat is unseaworthy, overcrowded, with a list to starboard, with about 40 people on board without lifejackets and women, all exposed to the elements. Ocean Viking informs that she called MTRCC to inform about the distress being ascertained and that she is going to proceed to the recovery of these persons in distress at sea. Ocean Viking informs that the operator copied the information. Ocean Viking further writes that she will proceed to the assistance of the persons in distress:
“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
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.
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