Firm: Marina poses dangers

A independent firm that ensures safety compliance of all vessels in the CNMI has warned the Department of Lands and Natural Resources against adopting the proposed rules and regulations for the Outer Smiling Cove Marina saying it is not safe for operations and endangers the public.

According to the Allied Marine Surveyors Ltd., DLNR has failed to prove that there is imminent peril to public health, safety or welfare to effect an emergency adoption of regulations in less than 30 days.

“Adoption of the Proposed Rules and Regulations will validate the Outer Cove Marina, which is still not safe for any operations other than fair weather conditions,” said AMS.

A comprehensive comment on the proposed regulations was submitted to DLNR Secretary Jack Tenorio by AMS marine surveyor Noel Slapp.

In assailing the rules and regulations, AMS said the emergency claim arises out of concern for the ongoing financial viability of the Marine Revitalization Corp. which is just a part of a large industry.

“Ironically, adoption of the rules is to the detriment of that industry and the commonwealth, and will cause significant financial hardship to the industry as a whole,” AMS said.

The agency said it cannot understand why DLNR is so concerned about the financial viability of MRC when the company has not complied with the terms of submerged land lease, the US Army Corps permit and the original CRM permits.

“The entire Outer Cove Marina project is grossly inadequate if compared to what was promised,” AMS said, adding that there has never been a public hearing on the marina as it is built today.

An inspection of the Outer Cove Marina clearly shows that despite MRC’s numbering of existing docks, only one commercial boat will fit between the finger piers, which brings to only 28 usable berths.

Since MRC has not lived up to its side of the bargain after the commonwealth delivered the Submerged Land Lease, the CNMI government cannot earn the revenue that was promised.

“If the marina had been built as promised, the revenue potential would be higher, safety disputes would be minimized to the breakwater, and this emergency notice would be needed,” said AMS.

Since MRC has overspent in the construction of the marina, the existing commercial boat owners will be forced to pay for MRC’s mistakes, it added. MRC’s restriction in placing anchors for mooring purposes infringes upon the owners right and obligation to prevent damage to the boat and dock.

Wind from the east or northeast at over 15 knots generates significant waves that extend into the premises. The only way to cope with the swell and waves is to set offshore anchors to prevent an unattended boat from hitting the dock.

Imposing a $4.00 departure fee for every passenger will cause financial hardship to operators and residents of the commonwealth as many vessels carry non-revenue passengers and offer discounts for locals traveling to Managaha, AMS said. Prohibiting the use of toilets is unreasonable since all commercial vessels that are fitted with these have holding tanks.