Easdale Island Harbour: Rules and Regulations

1. Definitions

Easdale Island harbour and community hall

The Harbour’ means Easdale Island Harbour and comprises the area delineated and more particularly described in the title deeds held by Eilean Eisdeal.

Berthed’ when used in relation to a vessel, means secured to a wharf, quay, stage or harbour wall or secured to any other vessel so berthed.

Collision regulations’ means regulations for the prevention of collisions at sea made under Section 21 of the Merchant Shipping Act 1972.

Dangerous substances’ shall mean substances as defined in Section 3 of the Dangerous Substances in Harbours Order Regulations 1987.

Fairway’ means a navigable channel which is a regular course or track or shipping and in particular the passage in to and out of the Harbour.

Harbour Dues’ means any charges imposed by Eilean Eisdeal in respect of mooring or berthing of any vessel, or in respect of the discharge or loading of any goods or fish.

Harbour premises’ means all landing places and all other walls land or buildings for the time being vested in or belonging to or administered by Eilean Eisdeal as part of their undertaking.

Master’ when used in relation to any vessel means any person having or taking control change or management of the vessel for the time being.

Moored’ when used in relation to any vessel means a vessel:

  • a. secured to a mooring chain or mooring buoy either ahead or astern, or both, in a position approved by Eilean Eisdeal;
  • or
  • b. secured by anchors either ahead or astern, or both, in a position approved by Eilean Eisdeal;
  • or
  • c. secured to another vessel moored as above.

 

Owner’ when used in relation to any vessel includes the owner, part-owner or charterer to whom the vessel is demised or mortgagee in possession of a vessel and any agent acting for or on behalf or such an owner, part-owner, charterer or mortgagee in possession of a vessel.

2. General

2.1 Eilean Eisdeal shall exercise the powers of general supervision of the harbour.

2.2 No person shall obstruct any officer or employee of Eilean Eisdeal in the execution of their duties.

2.3 These Rules ans Regulations must be observed by all persons using or visiting the Harbour, and may be altered or amended from time to time by Eilean Eisdeal. Upon such notice of amendment being displayed and served on the Master, it shall be deemed to be incorporated in the lease or permission granted to the Master at the date of 14 days from the date of the notice.

2.4 All persons visiting or using any part of the Harbour, or premises or facilities within the Harbour, for whatever purposes, do so at their own risk unless any injury or damage to person or property sustained within the Harbour was caused by or resulted from Eilean Eisdeal’s negligence or deliberate act or that or those for whom Eilean Eisdeal is responsible.

2.5 Eilean Eisdeal shall not be liable for any loss, theft or damage of whatsoever nature caused to any vessel or vehicle or other property of the owner or Master, or of others claiming through the owner or Master, except to the extent that that loss, theft or damage may be caused by the wilful act of Eilean Eisdeal or those for whom Eilean Eisdeal is responsible.

2.6 Except with the written consent of Eilean Eisdeal, no commercial venture shall be carried out on Eilean Eisdeal premises, and no vessel shall be used by the Master or his agents for any commercial purposes. The occasional use of a vessel by a personal friend of the Master on payment to the Master of a contribution toward the running costs of the said vessel shall not be deemed a commercial purpose hereunder.

2.7 Except in an emergency, no person shall cause or permit a vessel to be beached for repairs or maintenance in the Harbour except as authorised by Eilean Eisdeal, and shall, in case of such emergency beaching, inform Eilean Eisdeal as soon as possible thereafter.

2.8 All vessels within the Harbour are to be maintained in a seaworthy condition. The owner of any such unseaworthy vessel or wreck shall be liable for the removal thereof.

2.9 No person shall set fire to or destroy or break up any vessel of wreck in the Harbour except with the prior permission of Eilean Eisdeal in writing.

2.10 No person shall deposit any goods or equipment within the harbour, or on the quays, pontoons, jetties, walkways or slipways without the consent of Eilean Eisdeal. Any person so depositing goods or equipment must remove them forthwith on receipt of a notice in writing from Eilean Eisdeal requiring their removal.

2.11 Tenders may not be left in the water or on the quaysides, jetties, slipways or pontoons when not is use, but must be stowed aboard the parent vessel or in the berths separately provided or in the area for parking of tenders as designated by Eilean Eisdeal.

2.12 Vessels must not be used for permanent residential purposes.

2.13 Fishing within the harbour mouth is not permitted.

2.14 Swimming and scuba diving are not permitted within the Harbour unless authorised for a specific purpose by Eilean Eisdeal.

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3. Navigation

3.1 Vessels to be Navigated with Care and Caution

No Master shall navigate a vessel:

  • a. without care and caution;
  • or
  • b. at a speed or in a manner which, having regard to all the circumstances at the time, including weather conditions and the type, conditions and use of other vessels underway, berthed or moored, or which might reasonably expected to be underway, berthed or moored, endanger the safety of, or cause injury or damage to any person, any other vessel, buoy, mooring, pontoons or any other property;
  • or
  • c. without easing the engines when entering the Harbour or when passing any other vessel employed in dredging, underwater work, or working at any buoy or mooring.

 

3.2 Vessels Not to Exceed 3 Knots

Notwithstanding the provisions of the above rule no Master shall navigate a vessel including small boats, dinghies, PWCs and yacht tenders without the permission of Eilean Eisdeal at a speed exceeding 3 knots through the water within the limits of the Harbour.

3.3 Position of Sunken Vessels

The Master of a vessel which has sunk or has grounded shall forthwith give to Eilean Eisdeal notice thereof, and of the position of such vessel, and such particulars as may be required for the safety of navigation.

3.4 Notice to be given of Accidents

The Master of a vessel which has been in collision, or on fire, or has sustained damage, or which has caused damage to other vessels or property shall give immediate notice of the incident to Eilean Eisdeal, and where damage to a vessel is such that it affects or is likely to affect its seaworthiness, the Master thereof shall not move the vessel other than to clear the fairway, or moor or anchor in safety, except with the permission of Eilean Eisdeal and in accordance with their directions.

3.5 Notice to be given of Damaged Vessels

The Master of a vessel which has sustained damage outside the Harbour which affects or is likely to affect its seaworthiness, or from which oil is escaping or is likely to escape, shall give notice thereof to Eilean Eisdeal, and the vessel shall not enter the Harbour except with the permission of Eilean Eisdeal and in accordance with their directions.

3.6 Lost Anchor, Chain, Cable or Propeller

  1. The Master of a vessel which has slipped, parted from or lost an anchor, chain, cable or propeller shall forthwith give to Eilean Eisdeal notice thereof and, if possible, the position of such anchor, chain, cable or propeller and shall cause the anchor, chain, cable or propeller to be recovered as soon as practicable in accordance with the direction of Eilean Eisdeal, and at the expense of the Master of the vessel.
  2. The Master of a vessel slipping or parting from her anchor shall leave a buoy to mark the position of such anchor.
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4 Laying of moorings within the harbour

  1. No person shall lay down a permanent private mooring or running mooring within the Harbour limits without the prior written approval of Eilean Eisdeal.
  2. If the owner of any mooring or running mooring shall fail to comply with any direction of Eilean Eisdeal to remove, modify or reposition such mooring, Eilean Eisdeal may, where reasonably practicable giving 28 days notice to the last known address of the owner (or where the owner is not known, giving 28 days notice by placing said notice on Eilean Eisdeal’s noticeboard) take such steps as they may think fit for the purpose of removing, modifying or repositioning of the mooring or running mooring.
  3. All expenses incurred by Eilean Eisdeal in terms of the above shall be recoverable from the owner of the mooring.
  4. Boat owners renting mooring space from Eilean Eisdeal but owning their own mooring equipment shall not be permitted to sell, sub-let or transfer such mooring space to any third party. Such owners shall be obliged to intimate their desire to terminate their use of the mooring space to Eilean Eisdeal, and Eilean Eisdeal shall be entitled to purchase the mooring equipment from them at an agreed price or, if a price cannot be agreed, insist that the mooring equipment is removed from the space.
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5 Mooring, berthing or anchoring

Easdale Island harbour

5.1 Declaration of Particulars of Vessels

Without prejudice to any other of these Rules, the Master of any vessel to be moored or berthed in the Harbour shall first provide Eilean Eisdeal with the following information:

  1. the vessel’s name
  2. the vessel’s overall length
  3. the vessel’s arrival draft
  4. the reason for entering the Harbour, including, without prejudice to the foregoing generality, details of goods to be landed or loaded
  5. advice of any dangerous substances carried
  6. advice of any animal carried

5.2 Allocation of Berth

  1. On the arrival of a vessel, the Master shall forthwith apply to Eilean Eisdeal for a berth/mooring
  2. The vessel shall be berthed/moored by the Master in such a manner and position as Eilean Eisdeal shall require.
  3. Eilean Eisdeal may at any time, if it be deemed necessary for the proper ordering of the Harbour, move or cause to be moved, at the owner’s risk, any vessel moored, berthed or anchored in the Harbour.

5.3 Vessels not to Cause Obstruction

  1. The Master of every vessel which is berthed shall ensure that the vessel is laid as close as possible alongside the quay, wall or pontoon at which she is berthed, and that neither the vessel nor her moorings obstruct other vessels, nor hamper the use of the Harbour by any other vessel.
  2. The Master of every vessel which is moored or anchored shall ensure that neither the vessel nor her moorings overhang or obstruct other vessels, berths moorings or pontoons, nor hamper the use of the Harbour by any other vessel.
  3. Except in an emergency, no Master shall anchor a vessel in such a manner as to cause the obstruction of a fairway.

5.4 Provision of Warps and Fenders

The Master of a vessel shall ensure that it is provided with sufficient warps adequate for the size of his vessel, and with a sufficient number of fenders adequate for the size of his vessel. When berthing or leaving or lying at a quay or pontoon, or against other vessels, the Master shall cause the vessel to be fended off from that pontoon or quay or those other vessels, so as to prevent damage to that pontoon, quay or other vessel, or to other property.

5.5 Engines

The Master of every vessel which is berthed, moored or anchored shall ensure that her engines are not worked in such a manner as to cause damage to moorings, banks, walls or other property.

5.6 Competent Person to be in Charge

  1. the Master of the vessel shall not absent himself from such vessel while it is within the Harbour, unless he makes known to Eilean Eisdeal in advance the name and whereabouts of some person who shall be readily available and is in the opinion of Eilean Eisdeal competent to shift or move the vessel and attend to the moorings of the vessel as Eilean Eisdeal directs, or as may be necessary.
  2. Masters will be responsible for the conduct of, and fully accountable for any loss, injury or damage, or nuisance caused or committed by their crew members, agents or guests while on board the vessel or on duty within the Harbour.

5.7 Inspection Facilities etc. to be made Available

The Master of a vessel shall so far as may be required by Eilean Eisdeal in the exercise of its duties, afford Eilean Eisdeal access to any part of the vessel and provide all reasonable facilities for its inspection and examination.

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6 Indemnification and insurance

harbour c 1893
Easdale Island harbour circa 1893
  1. the Master shall indemnify Eilean Eisdeal against all loss, damage, costs claims or proceedings incurred by, or instituted against Eilean Eisdeal or its servants or agents which may be caused by the Master’s vessel or property or by the Master, his servants, agents, crew, guests, or sub-contractors, except to the extent that such loss, damage, claims or proceedings may be caused by the negligence or wilful act of Eilean Eisdeal or those for whom they are responsible.
  2. the Master shall insure his vessel(s) adequately against loss or damage howsoever caused and shall maintain third party insurance in respect of himself and his vessel(s), his crew for the time being and his agents, visitors, guests and sub-contractors. Such insurance shall be effected and maintained in an insurance office of repute and the Master shall produce the policy or policies relating thereto to Eilean Eisdeal on demand.
  3. Eilean Eisdeal requests berth holders to assist in the maintenance of adequate security within the harbour by securely locking their vessels when not in use, and where possible, storing any valuable equipment below.
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7 Health and safety

7.1 Eilean Eisdeal shall have the right to re-moor, rebirth, board, enter or carry our any emergency work on a vessel if in Eilean Eisdeal’s opinion such be necessary for the safety of the vessel or the safety and/or convenience of other users of the Harbour, or for the safety of Eilean Eisdeal’s premises, plant and equipment and the Master shall pay Eilean Eisdeal’s charges for such work.

7.2 All vessels must be equipped with adequate fire fighting equipment as recommended by the Royal Yachting Association and the Department of Trade and Industry in the RYA publication G9, or as required by law.

7.3 Petrol and other inflammable substances shall not be stored on a vessel except in a receptacle specifically constructed for such purposes.

7.4 Smoking and naked lights are strictly forbidden when refuelling. Engines must be switched off when refuelling.

7.5 Master must abide by and conform to all Health Regulations

7.6 In view of the proximity of rabies on the continent of Europe, Eilean Eisdeal may at any time and without prior notice require that all dogs and other animals are removed from the Harbour. No animal taken abroad can be brought into the Harbour.

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8 Nuisance

8.1 All persons are required to behave in such a way as not to cause offence to others.

8.2 The Master of a vessel within the Harbour shall not permit such vessel to be a nuisance to Eilean Eisdeal, to other users of the Harbour or to any person residing in the vicinity by reason of noise or emission of fumes, smoke, dust or by any other reason. Every effort must be made to minimise noise from halliards and rigging.

8.3 Masters are requested not to bring dogs or other animal pets on to Eilean Eisdeal’s premises. In the event of the Master finding it necessary to do so he shall ensure that the animal is kept under strict control within the confines of the Harbour. Dogs under the control of Masters and visitors to the Harbour must be kept on a leash when not on board a vessel. Any fouling by animals of the quaysides, pontoons, jetties, slipways, paths or approaches shall be cleared up immediately by the Master.

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9 Pollution

9.1 No person shall throw or cast any dirt, rubbish, soil, fish or fish guts, shells or other matter, or put or cause or procure or allow to fall or flow any offensive or injurious matter or thing, whether solid or liquid, into the Harbour or upon the shores or any part thereof.

9.2 Toilets not connected to a sewage holding tank must not be used within the Harbour.

9.3 Galley waste and other refuse shall be disposed of in the receptacles provided by Eilean Eisdeal or by Argyll and Bute Council.

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10 Berthing agreements

10.1 Berths/moorings may be rented, calculated by reference to Eilean Eisdeal’s published charges.

10.2 Breach of Rules and Regulations

  1. Eilean Eisdeal shall have the right (without prejudice to any other rights in respect of breaches of these Rules and Regulations by the Master) to terminate the lease or permissions granted to the Master of these Rules and Regulations, or the conditions of the lease or permission, in the following manner:

    If the breach is capable of remedy Eilean Eisdeal may serve notice on the Master specifying the breach and requiring him to remedy it within 14 days. If the Master fails to remedy such breach within 14 days, or the breach is not capable of remedy, Eilean Eisdeal may serve notice on the Master specifying the breach (when not already specified) and requiring him to remove the vessel within 28 days, at the expiration of which the Master shall remove the vessel from the Harbour. Eilean Eisdeal shall calculate berthing charges due according to the published rates, and refund to the Master the appropriate portion of any rent paid, subject to a right of set-off in respect of any damage suffered by Eilean Eisdeal as a result of a breach by the Master of these Rules and Regulations or the conditions of the lease or permission.
  2. If, after having been served due notice by Eilean Eisdeal (whether under this clause or otherwise), the Master fails to remove his vessel he shall be charged thereafter at the weekly per metre rate as indicated in the published rates. Eilean Eisdeal shall have the right to remove the vessel from the Harbour and thereupon may secure it elsewhere and charge the Master with all costs arising out of such removal including alternative berthing fees.

10.3 General Lien

Eilean Eisdeal have the right to exercise a general lien upon any vessel and/or her gear and equipment whilst in or upon their premises or afloat at any of their berths until such time as any money due to Eilean Eisdeal in respect of the vessel and/or her gear, whether on account of rental, storage or berthing charges, landing dues, work done or otherwise, shall be paid.

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Eilean Eisdeal - Easdale Island Community Hall, Easdale Island, by Oban, Argyll, Scotland PA34 4TB

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