Legal Definitions - marine-rescue doctrine

The marine-rescue doctrine is a legal principle that outlines the responsibilities of a ship when a person falls overboard.

Specifically, it states that:

• If the person who fell overboard can be seen, the ship must use all reasonable means to retrieve them from the water immediately.
• If the person cannot be seen, the ship must conduct a search for that individual for as long as it is reasonably possible that they could still be alive.

This doctrine emphasizes the paramount duty of a vessel to attempt to save a life at sea.

Examples:

• Example 1: Visible Person Overboard

  A passenger on a sightseeing boat in a calm harbor leans too far over the railing and accidentally falls into the water. The crew on deck immediately spots the individual struggling just a few feet from the vessel.

  How it illustrates the doctrine: In this scenario, because the passenger is clearly visible, the marine-rescue doctrine requires the sightseeing boat's crew to take immediate action using all reasonable means. This would involve quickly deploying a life ring, maneuvering the boat to bring the person alongside for retrieval, or launching a small rescue craft without delay to bring the individual back on board.

• Example 2: Missing Person, Search Required

  During a stormy night on a fishing trawler in the open ocean, a deckhand is reported missing after their shift. There were no witnesses to them falling overboard, and the rough seas and darkness make it impossible to see anyone in the water.

  How it illustrates the doctrine: Since the deckhand is not visible, the marine-rescue doctrine mandates that the fishing trawler must initiate a comprehensive search. The vessel would be required to alter its course, retrace its path if necessary, and systematically search the area. This search must continue for as long as there is a reasonable possibility that the deckhand could still be alive, taking into account factors like water temperature, severe weather conditions, and the estimated time the person went overboard.