4.1 During the search and rescue (SAR) phase
of a maritime emergency, there is an assumption within the
SAR Convention that co-ordination of the SAR response will be carried
out either by the MRCC or by an on-scene co-ordinator who will not
normally be the Master of the ship in distress. However, the underlying
premise is that the Master remains in command of the ship and co-operation
with the SAR operation is assumed.
4.2 If, once the SAR phase of an emergency
is over, or a ship does not require any action from SAR
services but is still in need of assistance, the role and responsibilities
of the various parties are less clear. Any actions at sea on salvage
should be conducted in close co-operation with the responsible MRCC
or other relevant authority as notified by the MRCC to enable them
to assess the situation and if needed declare an appropriate emergency
phase.
4.3 The ISM Code, section 5, Master's Responsibility
and Authority, states that:
"The Company should establish in the safety management system
that the Master has the overriding authority and the responsibility
to make decisions with respect to safety and pollution prevention
and to request the Company's assistance as may be necessary."
4.4 This indicates that the Master has the authority
and responsibility to take decisions in an emergency and to speak
with the Company as necessary. However, it does not deal
with the responsibilities and duties of a coastal State which may
have legislation governing the conduct of a maritime emergency in
waters under its jurisdiction or which wishes to exercise its powers
to intervene to avoid pollution arising from maritime casualties,
in particular beyond the territorial sea.
4.5 At no time should the Master be prohibited
from taking action which, in the Master's judgment, is required
to protect the lives of crew and passengers or others on board.