Marine sports operators appeal closure

The Department of Lands and Natural Resources insists that, “technically,” it cannot shut down the Outer Cove Marina; it can only shut down the commercial activities at the dock.

In a meeting Thursday evening at the American Memorial Park, DLNR Secretary Anthony Benavente clarified with Saipan Tribune that the department is technically incapable of shutting down the Outer Cove Marina because the dock belongs to the U.S. National Park Service.

“I have no right to do that,” Benavente told Saipan Tribune. “The submerged water, where the dock is, is DLNR’s— but not the [dock].”

He stressed that DLNR cannot prevent the public from using the Outer Cove Marina if they want to do so. What DLNR would be doing is to prevent any more tourist commercial activities there.

Benavente said his department is shutting down the commercial use of the Outer Cove Marina for safety reasons. The closure will take effect on Sept. 30.

“…We are shutting it down so that [boat owners] can go and [embark people] where it’s safe and the structure is properly sound to accommodate passengers and [for boat owners] to load the boat with no problems,” he said.

According to Marine Sports Association president Adonis Santos, more than 30 vessels are currently berthed at the Outer Cove.

However, if a boat owner decides to continue using that marina, he or she must first sign a liability waiver. Benavente noted that all associated fees with using the cove would remain but it is ultimately dependent on his office to approve the marina’s continued use.

“We want to make sure that if you continue to stay and if we allow you to continue, that you will have to sign a waiver. At the same time, continue to pay existing regulations that [imposes] a certain fee based on the size of the vessel,” he said.

According to Benavente, the Outer Cove Marina will bar commercial activity for a time until there is enough funding to repair the dock.

In the meantime, DLNR is offering the use of a transient floating dock that will be regulated to accommodate commercial usage. That floating dock is within the Smiling Cove Marina, near the existing Department of Public Safety boating facility.

Help sought

However, citing serious safety risks for both passengers and boat operators at the Smiling Cove Marina, marine sports operators are seeking the aid of Gov. Ralph DLG Torres to stop the DLNR from closing Outer Cove.

Marine Sports Association president Adonis Santos, who appealed to Torres to help convince the DLNR to reconsider, said that the risks associated with the “deteriorating condition” at the Outer Cove Marina are greatly outweighed by the safety risk created by the plan to move commercial operations to the Smiling Cove Marina.

In his letter to Torres last Wednesday, Santos said that during a meeting last Aug. 16, the director of DLNR’s Division of Fish and Wildlife announced that the commercial loading and off-loading of passengers would be transferred to the transient dock at the Smiling Cove.

The DFW director further announced that emergency regulations were being promulgated by the Office of the Attorney General that would include a new $3 departing passenger fee and a monthly fee for commercial vessels.

Santos said they believe that this plan fails to adequately consider the unsustainable increase in boat traffic within the parameters of the Smiling Cove Marina.

“Indeed, there is simply insufficient space in Smiling Cove Marina for the simultaneous operation of both commercial and private vessels,” he pointed out.

Santos said the dramatic increase in boat traffic, exacerbated by a narrow and shallow channel, will create serious safety risks for both passengers and boat operators.

He said the large vessels engaged in sunset dinner tours will be unable to safely navigate to and from the convenience dock.

Santos noted that this problem will be aggravated during low tide.

Santos suggested that a safety study be conducted prior to formal implementation of this closure.

The closure of the Outer Cove Marina will have an immediate and detrimental impact on tourism revenues, said Santos as he also quoted the Office of the Public Auditor’s audit report dated Oct. 5, 2015, that stated that “if the facility closes or fails, the cost in related tourism revenues will be substantial.”

Santos said many of the vessels currently berthed in the Outer Cove Marina simply have no place to go.

“This decision will directly impact longstanding business operations of many marine tour operators,” he said.

Santos earlier stated that some marine sports operators on Saipan may be forced to shut down operations with the closure as they have just recovering from Super Typhoon Yutu’s impact on the tourism industry.

Some marine sports operators have expressed willingness to shoulder the expenses of repairing Outer Cove Marina, which according to DLNR in its public notice closure issued last Aug. 23, is in deteriorating condition.

Saipan Tribune learned that two of three bridges to the dock at the Outer Cove Marina had collapsed, one happened last year and the other early this year. The remaining one bridge appears to be also deteriorating underneath.

Unfortunately, there is currently no government plan to repair or re-open Outer Cove Marina after this closure, Santos said in his letter to Torres.

Santos acknowledged that Outer Cove Marina needs repairs, but disagreed that closing it is the answer. He noted that there have been no injuries or accidents at the Outer Cove Marina caused by the “deteriorating condition.”

Santos said the operators using the facility will continue to release the CNMI government from liability and indemnify the CNMI from claims of third parties.

Santos said Outer Cove Marina supports the vast majority of marine tour operations on the island and that the operations include providing tourist access to Managaha Island.

Santos said the closure of this facility will have an immediate and detrimental impact on marine tour operations.

“In fact, we legitimately fear that this sudden closure will proximately result in the cessation of some marine tour activities,” he said.