As NorthStandard P&I Club correspondents Proinde warns, the Rules and Procedures of the Maritime Authority of São Paulo – NPCP-SP impose restrictions on vessels anchoring at Santos and São Sebastião ports.
Since early this year, the Port Captaincy in the Port of Santos has been actively monitoring vessels that anchor outside the anchorage areas indicated in the charts published by the Brazilian Navy’s Directorate of Hydrography and Navigation (DHN). Vessel movement is assessed using an AIS system or through boat surveillance.
Shipmasters caught in breach of the regulation were fined. The penalties were framed under ‘Group G’ of the Maritime Traffic Regulation (LESTA), which establishes fines ranging from BRL 80 to BRL 3,200, without prejudice to other administrative sanctions.
However, in the event of recurrence in a period equal to or less than twelve months, the fine will be doubled exponentially according to the repetition of violations of maritime traffic regulations.
Preventive measures and defense
The infractor is entitled to present an administrative defence within 15 (fifteen) working days, counting from the receipt of the notice of infraction drawn by the agent of the maritime authority, under penalty of being condemned by default.
The authority has 30 (thirty) days to issue a well-grounded decision with a right of an administrative appeal within 5 (five) days from said decision.
Visiting shipmasters should familiarize themselves with local anchoring restrictions and consult the competent authority (through the local agents) and pilot station in case of doubt about the prevailing anchorage rules.