Places of Refuge in the United Kingdom

UK Overview

Providing shelter for a casualty is in fact part of every port state’s obligations. Thus the requirement to offer a place of refuge is not by any means a new burden on maritime states.

That EU Member Coastal States should be required to take measures to receive ships in distress in Ports of Refuge has been clearly raised through the ERIKA II package, and through incidents such as the ‘Castor’ and ‘Prestige’ incidents.

In any situation the primary overriding considerations are those of safety and risk to human life, both of those on board a casualty and of those who may find themselves near enough to be affected by it.

It is with the safety of innocent people in mind that we all recognise that in most cases it would be preferable for incidents to be dealt with at sea. However we must also recognise that the search for calmer waters may inevitably require a casualty to move into a sheltered bay, port or roadstead.

In the opinion of SOSREP everywhere should be regarded as being a potential place or port of refuge. Some places have more to offer than others do but, in extremis, everywhere may have something to offer.

There are certain aspects of any place that can enhance its attractiveness as a place of refuge such as:

• The degree of shelter from prevailing weather.
• The absence of hazards to navigation.
• The presence of gently shelving, soft sand, beaches.
• The availability of handling facilities such as wharves, jetties, tugs and repair services.

Similarly there can be factors, which militate against such use. A particular location may have a high sensitivity to pollution from certain combinations of ship and cargo. For instance in the case of crude oil pollution, greater damage will be sustained by a salt-water marsh than by rocks exposed to the scouring effects of the ocean.

The concept of a MEHRA indicates that some areas have indeed been identified as being such locations. However even a MEHRA should be regarded as being a place of refuge for some ships when lives are at risk or when the pollution potential is minimal.

Generic Site Analysis and Incident Specific Information

There can be no pre-conceived ranking of places and ports of refuge set in stone. This is because of the transient and varied nature of each incident and the time parameters affecting the value of a location as a place of refuge - not least the location of the incident and the wind direction i.e. incident specific conditions will dictate the parameters of available locations.

The “agony of the moment” choice of a place of refuge will be more robust if it can be demonstrated that the decision is supported by a system of formal assessment. Thus two forms of assessment become necessary:

• Pre-event generic analysis of locations which could lend themselves to become a place of refuge for ships. The MCA undertake such assessments as part of the UK’s response to OPRC planning.
• Event-specific analysis of data relating to an incident as and when it occurs. Depending upon the nature of the incident this analysis may have to be made in very short time indeed. In other cases time may permit longer and more detailed considerations to be made. In any case such considerations should be part of the incident’s “worst case scenario” planning.

On the day the event specific information is “plugged into” the generic analysis that has had careful review beforehand. The emphasis should be, as ever, on preparedness in the interests of minimising adverse consequences.

Interstate Co-operation

Finding places of refuge may require co-operation between coastal states with adjacent Pollution Control Zones because marine pollution does not respect these boundaries. It would be folly for neighbouring states not to share information on places of refuge. Who knows, it may be in the interests of both States for a ship seeking refuge in the Pollution Control Zone of one State to be given access to a place of refuge in the jurisdiction of another State, if that were a better location.

Therefore the UK agrees that coastal states should agree a common basis for the generic analyses so that, when event specific information is included, the best place of refuge can be offered to a ship in difficulty, recognising that it may lie in the jurisdiction of another State.

The UK’s Approach to Assigning Places of Refuge

Places of refuge are locations into which a ship which is in need of assistance can be brought, so that its condition can be stabilised – e.g. through repair or transhipment of cargo – and further damage to the ship (and consequential pollution damage to the seas and coasts) averted.

In the UK system, the Marine Safety Act 2003 provides powers of intervention and direction to the Secretary of State’s Representative for Maritime Salvage and Intervention (SOSREP), working with the MCA's Counter Pollution and Response Branch.

SOSREP oversees all incidents in UK waters where there is significant risk of pollution, and he or the MCA directs vessels to places of refuge when he judges it appropriate.

Anywhere around the UK's coasts could be a place of refuge and we would consider it unwise to pre-emptively rule anywhere in or out as a potential place of refuge.

We also consider that there can be no pre-conceived list or ranking of places of refuge. This is because each incident has its own unique, transient and varied nature.

When a ship in need of assistance requires a place of refuge, SOSREP inevitably takes account of all the factors which relate to the specific incident, such as the weather, the geographical whereabouts of the incident and the type of threat posed by the vessel and its cargo, with a view to determining the most appropriate place of refuge, minimising adverse consequences.

However, in making this judgement, SOSREP necessarily builds on information which has been assembled pre-event.  This information takes the form of a partial inventory of the UK's coast, providing a generic analysis of locations which could lend themselves to becoming a place of refuge for ships.  This information is assembled and kept up to date by the MCA. This partial inventory may be accessed by clicking below.

UK Inventory of Ports and Anchorages

This partial inventory is used as a tool, in conjunction with other published sources to identify the most suitable place of refuge on the day for a particular incident.

The partial inventory is not, and does not set out to be, exhaustive. It includes ports, harbours, anchorages, bays, inlets and sets out detailed information about each place.

Information on Ports and Harbours

Counter Pollution and Salvage Officers (CPSOs) of the MCA have regional responsibilities for the Ports, harbours and the coastline within their areas.Their operational role includes assisting harbours with OPRC planning and approving, monitoring and auditing formal contingency plans.Through this process they become familiar with the Harbour Masters and port facilities.This information is captured and held on file by the MCA.

Information on other Locations with Particular Suitability

The MCA employs scientists who maintain a detailed knowledge of the UK coastline and areas with particular environmental sensitivity.This information can quickly be overlaid onto an incident to enable appropriate risk assessments to be made.

An example of this data is available from the “Multi Agency Geographic Information for the Countryside” (MAGIC).  Which is the first web-based interactive map to bring together information on key environmental schemes and designations in one place.  Further information is available below.

MAGIC

The Agency also has information on places with particular aspects which could be of use during certain types of incident e.g. no local resident population; deep water etc.

Guidelines on Places of Refuge

Below is a link to IMO resolution A.949(23) which details the IMO guidelines with regards to Places of Refuge.

Place of Refuge A.949(23)