Maritime Regulations and Procedures for Recreational Boats
1. Certificate of Seaworthiness
The certificate of seaworthiness certifies that a boat fulfills the conditions required by regulation and provides evidence of surveys, class, and the date of the next survey. The Maritime Administration issues it after initial recognition. Vessels with CE marking are exempt and the certificate is automatic.
2. Boarding: Definition and Legislation
Boarding refers to a collision with any object at sea. In such an event, the authorities (maritime authority, insurance company) must be notified, a sea protest must be made, and it must be submitted to the responsible court, along with the role or license.
3. Logbook
The logbook is a numbered and sealed book with an explicit note of the number of pages it contains. The captain records all events that occur on the vessel during navigation, including navigational data, damage, disciplinary measures, etc. The logbook is the sole responsibility of the captain. It can be requested by maritime authorities in case of sinking, and the captain is responsible for its accuracy.
4. Meaning of Flags Q and O
Flag Q (Quebec): Square yellow background, Morse signal – .- , meaning “My ship is healthy.”
Flag O (Oscar): Half red, half yellow square (two triangles), Morse signal —, meaning “Man overboard.”
5. Territorial Sea
The territorial sea is the extension of water, seabed, subsoil, and airspace from the baseline (taken at low tide) or from the sea-land area where there are no baselines, up to 12 nautical miles. The coastal state exercises full sovereignty within this area. Ships have the right of innocent passage in these waters.
6. Peripheral Maritime Administration
The Peripheral Maritime Administration is a local office of the central government, under the authority of the maritime captaincy. They are responsible for maritime inspection, office and administrative tasks, recreational marine records, and maritime safety and pollution control.
7. Legal Difference Between Towing and Salvage
The legal difference between towing and salvage is the presence of danger. Towing in the presence of danger is considered salvage. There are two types of towing: contractual and casual. In casual towing, the tug is entitled to a reward if the maritime adventure is successful. The reward should not exceed 1/3 of the towing value. The distribution is 2/3 for the captain and 1/3 for the crew.
8. MARPOL Regulations on Discharges at Sea
The MARPOL Convention is an international agreement to prevent water and environmental pollution. Annexes 1, 4, and 5 of the agreement list the main restrictions:
Annex 1: Prevents pollution by oil and oily water (discharges prohibited).
Annex 4: Prevents pollution by sewage from ships (discharges prohibited, requires chemical toilets and MARPOL containers).
Annex 5: Prevents pollution by garbage from ships (prohibits plastic disposal, regulates disposal of other waste based on distance from shore).
9. International Code of Signals
The International Code of Signals includes 24 alphabetical flags, 2 substitute flags, 10 numeric pennants, 3 substitute pennants, and repeater pennants. Signals can be shown using flags, flashes (Morse code), sounds (Morse code), arm signals, and radio (with or without flags).
10. Straight Baselines
The baseline is the straight line joining the natural entrance points of a bay at low tide, with a longitudinal distance of less than 24 miles. It is the imaginary line dividing internal waters from the territorial sea. They are regulated by decree and form part of the national boundary.
11. Salvage According to Law 60/1962
Article 1 defines salvage as any act of assistance provided to a seagoing ship, cargo, or freight in danger. Key elements are the existence of aid, its voluntary nature, the presence of danger, and the helpfulness of the act. Salvage is legally and morally binding as long as there is no danger to the salvor. There are two types of salvage: mandatory (legally mandated) and voluntary. In voluntary salvage, the salvor is entitled to compensation (for damages), a prize (depending on the merit and value of the salvage), and remuneration (fixed or determined by the Central Maritime Court). The distribution is 1/3 for the vessel owner and 2/3 for the crew.
12. Meaning and Signaling of the Letter L
The letter L (Lima) is a flag with two yellow and two black squares. Its Morse code signal is ..-. and it means “Stop your vessel immediately.”
13. Periodic Inspections
Boats under 6 meters in List 7 require one inspection during their lifetime. Boats from 6 to 15 meters in List 7 require inspection every 5 years (dry inspection). Boats from 6 to 15 meters in List 6 require an additional inspection in the second or third year (can be wet). Boats from 15 to 24 meters in Lists 6 or 7 require inspection every 5 years and an additional inspection in the second or third year (two dry inspections). Vessels over 24 meters are inspected as merchant ships.
14. Peripheral Maritime Administration: Harbor Master Functions and Categories
The Peripheral Maritime Administration is a local office of the central government. Each province has a maritime captain, and maritime districts depend on them. Their functions are divided into three areas: maritime inspection (shipbuilding, maintenance, radio operations), clearance and registration (commercial and fishing vessels, recreational marine, new buildings), and maritime safety and pollution control (vessel traffic, navigation, pollution).
15. Salvage: Concept and Property Rights
Article 1 defines salvage as any act of assistance provided to a seagoing ship, cargo, or freight in danger. Key elements are the existence of aid, its voluntary nature, the presence of danger, and the helpfulness of the act. Salvage is legally and morally binding as long as there is no danger to the salvor. There are two types of salvage: mandatory (legally mandated) and voluntary. In voluntary salvage, the salvor is entitled to compensation (for damages), a prize (depending on the merit and value of the salvage), and remuneration (fixed or determined by the Central Maritime Court). The distribution is 1/3 for the vessel owner and 2/3 for the crew.
16. Exclusive Economic Zone
The exclusive economic zone extends from the baseline (12 miles territorial sea + 12 miles contiguous zone = 24 miles total) up to 200 miles offshore. The coastal state exercises limited sovereignty within this zone, with rights to explore and exploit natural resources.
17. Registration of Pleasure Boats Under 24 Meters
Pleasure boats under 24 meters can be registered in List 6 (sporting or recreational craft for profit) or List 7 (pleasure boats, recreational or non-professional fishing, non-profit). The first page of the registration book includes a photograph of the vessel and its data. Required documentation includes purchase invoice with VAT, worksheet or manual copy, motor debit certificate (if not from the EU), excise duty settlement, ID card copy, CIF or NIF, radio equipment installation permit, and proof of payment of fees to the port authority (if applicable). Specific cases may require additional documentation (e.g., sales contract for used boats, de-registration certificate for boats from the EU).
18. Towing at Sea
Towing in the presence of danger is considered salvage. There are two types of towing: contractual and casual. In casual towing, the tug is entitled to a reward if the maritime adventure is successful. The reward should not exceed 1/3 of the towing value. The distribution is 2/3 for the captain and 1/3 for the crew.
19. Contiguous Zone: Limits and Nature
The contiguous zone is an area adjacent to the territorial sea, extending 12 miles beyond it (24 miles from the baseline). The coastal state can take measures to prevent and control violations of its laws within this zone, although its use is public.
20. Towing and Salvage: Legal Differences
Towing and salvage are similar concepts, but the distinction depends on the object of assistance. Assistance to persons is legally and morally obligatory. Salvage law defines assistance at sea or inland waters to a ship, aircraft, persons, or things on board, aiming to remove them from danger. There are various types of salvage: mandatory (legally mandated) and voluntary (spontaneous, contractual). In salvage of goods (ship, freight, etc.), the salvor is entitled to compensation and remuneration (if successful). Remuneration depends on the saved property and includes a prize (based on merit and value) and remuneration (agreed upon or determined by the Central Maritime Court). The distribution involves expenses and compensation for the salvor, with a general division of 1/3 for the shipowner and 2/3 for the crew. Towing wages are typically lower.
21. Sea Protest
The sea protest is a declaratory document made by the captain of a vessel, recounting events and circumstances to avoid harm to the vessel and crew. The description of events should coincide with the logbook entry. It is mandatory in cases of shipwreck, hull damage, collision, or loss of cargo.
22. Compulsory Liability Insurance: Risks Covered
Liability insurance is mandatory for pleasure boats. It covers liability for personal injury and material damage to third parties, ports, and marine facilities resulting from collisions and use of the boat. It does not cover towing, which requires an extended policy.
23. Meaning of Flag K
Flag K (Kilo) is a square flag with two horizontal stripes, yellow on top and blue below. Its Morse code signal is -. – and it means “I wish to communicate with you” or “Invitation to transmit.”
24. Discharge System and Discharges at Sea for Pleasure Boats (FOM/1144/2003)
Discharge regulations are listed in Annexes 1, 4, and 5 of MARPOL:
Annex 1: Prevents pollution by oil and oily water (discharges prohibited).
Annex 4: Prevents pollution by sewage from ships (discharges prohibited, requires chemical toilets and MARPOL containers).
Annex 5: Prevents pollution by garbage from ships (prohibits plastic disposal, regulates disposal of other waste based on distance from shore).
25. Ship Registration Procedure
The registration number is a unique alphanumeric code that identifies a vessel. It consists of the list it belongs to, maritime province (letters), maritime district (number), page, and year. Boats under 2.5 meters are not registered. Required documents include purchase invoice with VAT, worksheet or manual copy, motor debit certificate (if not from the EU), excise duty settlement, ID card copy, CIF or NIF, radio equipment installation permit, and proof of payment of fees to the port authority (if applicable). Specific cases may require additional documentation (e.g., sales contract for used boats, de-registration certificate for boats from the EU).
26. Maritime Register: Nature, Organization, and Content
The central maritime register is maintained by the Directorate General of Shipping and contains information on all registered ships. The Spanish system is dual and compulsory. Ships must be registered in the shipping register and the property register. The maritime register is organized into the central shipping register and the registers of each maritime captaincy. There is also a special maritime register for ships and shipping companies in the Canary Islands.
27. Recognition and Inspection of Recreational Craft: Skills, Classes, Inspections
Boats under 6 meters in List 7 require one inspection during their lifetime. Boats from 6 to 15 meters in List 7 require inspection every 5 years (dry inspection). Boats from 6 to 15 meters in List 6 require an additional inspection in the second or third year (can be wet). Boats from 15 to 24 meters in Lists 6 or 7 require inspection every 5 years and an additional inspection in the second or third year (two dry inspections). Vessels over 24 meters are inspected as merchant ships.
28. Inland Waters
Inland waters are located landward from the baseline and include inlets, bays, and roads. The coastal state has full sovereignty over these waters and can prohibit navigation. Vessels navigating in these waters are subject to the coastal state’s laws, regardless of their flag.