United Kingdom Statutory Instruments

"the Act" means the Dockyard Ports Regulation Act 1865;

"approach channel" means the dredged limits of the approach channel to the Harbour from and including the Harbour entrance to Outer Spit Buoy, marked by buoys shown for the time being on Admiralty chart BA2625, and within the entrance to the Harbour the channel as bounded on both sides by the limits of the dredged channel as shown for the time being on Admiralty chart BA2629;

"auxiliary" means any government vessel operating in support of naval or military forces;

(a) make fast to, or lie at, any of the buoys or beacons placed by the Queen's Harbour Master to mark channels or shoals in the Dockyard Port;

(b) be moored or fastened to any of Her Majesty's naval moorings, buoys, breakwaters, boom defences, dolphins, jetties, piles or vessels in the Dockyard Port, save with the permission of the Queen's Harbour Master;

(c) be moored or except in an emergency anchored within 100 metres of any of Her Majesty's naval jetties, floating docks, dolphins, vessels, hulks, installations or armaments depots, or within 150 metres of the centre of any naval moorings, save with the permission of the Queen's Harbour Master;

(d) lie or be moored so as to impede the free approach to any pier in the Dockyard Port used for the purposes of regular passenger traffic, or when buoys are placed by the Queen's Harbour Master to mark an approach to such pier, lie within the space so marked;

(e) lie or be moored, anchored, grounded, deposited or run on shore in the fairways of the Harbour, the main navigable channels or the approach channel; or

(f) except in an emergency, drop anchor in water of greater than 10 metres in depth save with the permission of the Queen's Harbour Master.

Vessels at anchor
     7. No vessel of an overall length of 20 metres or more, compelled or allowed to anchor in or near any of the navigable channels of the Dockyard Port, shall be left at any time without a person having command or charge of it.

Fishing
     8. —(1) Any person fishing in the Dockyard Port is required to comply with any directions given to him by the Queen's Harbour Master.

    (2) No fishing from any vessel or by persons swimming under the water shall be carried on within the limits of the Dockyard Port either within—

(a) 100 metres of the walls, slipways or boundaries of any Crown Establishment; or

(b) 150 metres of any of Her Majesty's vessels,

save with the licence in writing of the Queen's Harbour Master.

    (3) No fishing shall at any time be carried out either within—

(a) the approach channel; or

(b) the main navigable channels.

    (4) The use of any form of static fishing gear is prohibited in—

(a) Fareham Creek, as far as Town Quay;

(b) Portchester Lake;

(c) the Approaches to Port Solent;

(d) Tipner Lake;

(e) Haslar Creek;

(f) Weevil Lake;

(g) Brick Kiln Lake; and

(h) Wootton Creek.

    (5) South of the Harbour entrance in any area not shown on Admiralty Charts as an area within which fishing is prohibited, unattended fishing gear in respect of which a surface mark is employed must show a dan buoy or container with flag, which must be fitted with a radar reflector and have the identity of the laying vessel clearly displayed.

    (6) All lines used in connection with lobster, whelk or crab pots or similar devices shall be non-buoyant.

    (7) No fishing of any description shall be carried on in any area for the time being shown on Admiralty Charts as an area within which fishing is prohibited.

    (8) No person shall store live fish or shellfish within the waters of the Dockyard Port save with the licence in writing of the Queen's Harbour Master.

Swimming Underwater and Diving
     9. Save with the permission of the Queen's Harbour Master, no person who is wearing or equipped with clothing or apparatus designed or adapted for swimming underwater or diving shall swim underwater or dive or fish—

(a) within the Harbour or in any of the creeks or lakes adjoining the Harbour; or

(b) elsewhere in the Dockyard Port—


(i) within 100 metres of the walls, slipways, or boundaries of a Crown Establishment;

(ii) within 150 metres of any of Her Majesty's vessels; or

(iii) where anchorage is prohibited.

Swimming
     10. Save with the permission of the Queen's Harbour Master or, in the case of paragraph (c), in an area from time to time designated for such activity by him, no person shall swim on the surface or underwater within—

(a) 100 metres of the walls, slipways or boundaries of a Crown Establishment;

(b) 150 metres of any of Her Majesty's vessels; or

(c) any area where anchorage is prohibited.

Water-skiing, etc.
     11. —(1) Save with licence in writing of the Queen's Harbour Master no water-skiing, jet-skiing or windsurfing is permitted within the Harbour.

    (2) No water-skiing or jet-skiing is permitted within the Dockyard Port outside the Harbour except—

(a) with licence in writing of the Queen's Harbour Master;

(b) beyond 0.5 of a nautical mile from the line of mean low-water springs; or

(c) within 0.5 of a nautical mile of the line of mean low-water springs in any area which may be designated for such activity from time to time by the Queen's Harbour Master and marked with buoys.

Parascending and Similar Activities
     12. Save with permission of the Queen's Harbour Master, or in areas designated for such activity from time to time by him and marked with buoys, no person shall engage or take part in parascending or other activity involving the towing of a kite or other thing, from land or water, in such a manner as to cause it to become airborne in any part of the Dockyard Port.

Dumping of Rubbish, etc.
     13. No person shall unload, cast or allow to fall—

(a) into the waters of the Dockyard Port, or

(b) upon the banks or any portion of the shores of the Dockyard Port where the same may be able to be washed into the said waters by rain, tide or otherwise,

any ballast, stones, earth, clay, refuse or any other substance or object which is or might become a hazard to navigation.

Reserved and Recreational Areas
     14. The Secretary of State or the Queen's Harbour Master may, where he considers it necessary to reserve any area for mining, gunnery or dredging operations or experiments, or other naval purposes, or to ensure the safe navigation of vessels both naval and civilian, direct by notice published as a general or local notice to mariners, which shall continue in force until 31st December of the year in which it was issued, unless revoked earlier, that no person shall—

(a) cause or permit a vessel to enter into or remain in that area, unless compelled to do so by stress of weather or to avoid accident;

(b) enter into or remain in that area, or cause or permit any vessel, animal or thing to enter into or remain in that area, except with the permission of the Queen's Harbour Master or the officer in charge of such operations, experiments or purposes; or

(c) take part in any recreational activities specified in the notice in such parts of that area as may be so specified, save for the purposes of avoiding danger or accident.

Warship Anchorage
     15. —(1) No merchant or private vessel shall anchor within the area reserved for warships save with the permission of the Queen's Harbour Master.

    (2) The area reserved for warships is bounded by lines joining the following four points designated by bearing and distance from Spit Sand Fort Light—

(a) 276° (true) 1.04 nautical miles,

(b) 154° (true) 0.55 nautical miles,

(c) 182° (true) 1.11 nautical miles,

(d) 249° (true) 1.40 nautical miles.

Firearms, Weapons and Explosives
     16. —(1) Subject to the exceptions in paragraph (2), within the limits of the Dockyard Port, no gun or explosive shall be carried on board any merchant or private vessel.

    (2) The exceptions referred to in paragraph (1) are where—

(a) the Queen's Harbour Master has given his licence in writing;

(b) the sole design of the gun or explosive is for the purpose of giving an internationally recognised signal of distress; or

(c) the sole purpose of the gun is to control water based racing activities and only blank ammunition rounds are fired.

    (3) No gun or explosive shall be discharged from any such vessel or from the shore over the waters of the Harbour except—

(a) with the licence in writing of the Queen's Harbour Master;

(b) as a signal of distress; or

(c) as a signal in connection with the conduct of such racing activities.

Navigational Marks
     17. No person shall trespass on, damage or without authority interfere with any radar head, light, beacon, sea-mark, tideboard, tide gauge, buoy, sign or notice of any description in the Dockyard Port.

Dredging for Lost Objects
     18. Save with the licence in writing of the Queen's Harbour Master, no person shall dredge in the Dockyard Port with drags, hooks, nets or other apparatus for property dropped or thrown therein.

(a) enter or leave the Harbour only under the direction of the Queen's Harbour Master;

(b) obtain permission from the Queen's Harbour Master to sail or move within the Harbour before leaving their mooring or berth or weighing anchor; and

(c) when inward bound obtain permission from the Queen's Harbour Master to enter the Harbour before passing the Saddle Buoy or entering the Swashway across Spit Sand.

    (3) No vessel shall, without the permission of the Queen's Harbour Master, navigate—

(a) save as provided for in sub-paragraph (c) below, within 50 metres of any of Her Majesty's vessels or foreign warships or auxiliaries alongside any Crown Establishment or which is at anchor, a buoy or a mooring within the Dockyard Port;

(b) within 50 metres of the walls, slipways and boundaries of any Crown Establishment; or

(c) within 100 metres of any submarine alongside in any Crown Establishment or which is at anchor, a buoy or a mooring within the Dockyard Port.

Exclusion Zones
     5. —(1) The Queen's Harbour Master, on any occasion when it is necessary to facilitate or ensure a clear passage for any of Her Majesty's vessels or vessels under the charge of Her Majesty's Officers in the Dockyard Port may direct immediately before and once she becomes underway that there be an exclusion zone of up to 250 metres radius in the water around the vessel.

    (2) The vessel which is to be given clear passage shall display—

(a) (by day) two diamond shapes vertically disposed where best seen; or

(b) (by night) two flashing red lights at the masthead horizontally disposed.

    (3) Where a direction specified in paragraph (1) above has been given and whilst the shapes or light signals specified in paragraph (2) above are displayed—

(a) no vessel underway in the Dockyard Port, save any vessel authorised to escort the vessel to be given clear passage, shall enter the exclusion zone; and

(b) vessels alongside, at anchor, at a buoy or at a mooring within the exclusion zone shall remain in such a position whilst the exclusion zone remains in force.

    (4) The exclusion zone shall remain in force until either—

(a) the vessel which is to be given clear passage leaves the limits of the Dockyard Port; or

(b) the Queen's Harbour Master countermands the direction which promulgated the zone.

    (5) A direction shall be given and countermanded using VHF Channel 11 or 13 and where practicable by the movements signal.

Temporary restrictions on movements within the Dockyard Port
     6. —(1) The Queen's Harbour Master shall when necessary make arrangements for the safe passage of vessels in accordance with the following subsections of this Rule.

    (2) Such arrangements may include a Harbour closure (which may include closure of an area of the Harbour specified by the Queen's Harbour Master) or a channel closure.

    (3) A closure will be promulgated using VHF Radio Channel 11 or 13 and where practicable by the movements signal.

    (4) When a Harbour closure is in force no vessel of any description may move in or enter the Harbour or area of the Harbour specified by the Queen's Harbour Master save under direction given by the Queen's Harbour Master.

    (5) A channel closure may be promulgated by the Queen's Harbour Master in respect of the approach channel and the main navigable channels in relation to a vessel which the Queen's Harbour Master determines requires a clear passage.

    (6) Each of the following channel closures promulgated for a vessel movement shall have the effect ascribed to it—

(a)	Channel closure for inbound and outbound vessels.	No vessel other than the one in whose favour the channel is closed shall enter the approach channel or the main navigable channels of the Harbour.
(b)	Channel closure for inbound vessels.	No vessel other than the one in whose favour the channel is closed shall enter the approach channel or the main navigable channels of the Harbour from seaward, but outgoing vessels from Portsmouth may proceed.
(c)	Channel closure for outbound vessels.	No vessel other than the one in whose favour the channel is closed shall leave the Harbour but incoming vessels may use the approach channel or the main navigable channels of the Harbour in order to enter the Harbour.

    (7) The vessel which is to be given a clear passage and any tugs in attendance on such vessel shall display the International Code Pennant superior to Pennant ZERO by day (no signal being displayed at night) while underway in the area.

    (8) Notwithstanding a channel closure being in force, small boats may continue to operate provided that they do so with caution and that they do not impede the safe passage of the vessel for which the channel closure is implemented.

Small Boats in the Harbour
     7. Power-driven small boats and all cross harbour ferries shall, when inside the Harbour, keep out of the way of all seagoing vessels, Isle of Wight car and passenger ferries and tugs conducting towing operations.

Speed of Vessels navigating the Dockyard Port
     8. —(1) All vessels shall comply with any direction which the Queen's Harbour Master may issue for speed limits from time to time and which may be published in a general or local notice to mariners.

    (2) Subject to paragraph (1) above, no vessel, when navigating within the Harbour or (except for water-skiers and jet-skiers in an area for the time being designated by the Queen's Harbour Master and marked by buoys) when within 0.5 nautical miles of the line of mean low-water springs in any part of the Dockyard Port outside the Harbour shall proceed at a greater speed than 10 knots through the water save for the purpose and subject to the conditions specified in a licence in writing given by the Queen's Harbour Master.

Vessels to be navigated with care and caution
     9. The Master of a vessel navigating the Dockyard Port shall navigate the vessel with care and caution and in such a manner as shall not cause annoyance to the occupants of any other vessel or cause damage or danger to any other vessel or to any moorings or other property.

Navigation in the Harbour Entrance and Small Boat Channel
     10. —(1) Small boats flying official flags or discs which are pilot boats, police launches, HM Customs and Excise craft, Her Majesty's vessels or Royal Maritime Auxiliary Service craft, and tugs engaged in towing operations or escorting a vessel under instruction from a pilot, may use the approach channel and the main navigable channels of the Harbour when the exercise of their duties requires it.

    (2) Subject to paragraph (1), small boats must:

(a) use the designated Small Boat Channel when entering or leaving the Harbour;

(b) if fitted with an engine, use it when in the Small Boat Channel and when crossing between Ballast and Gunwharf Quays or the Town Camber;

(c) not loiter in the Small Boat Channel;

(d) obey any directions in respect of traffic separation which the Queen's Harbour Master may from time to time issue by local or general notice to mariners in respect of the entrance to the Swashway and the Inner Swashway; and

(e) not, without the permission of the Queen's Harbour Master, cross the harbour between Ballast and Gunwharf Quays or the Town Camber.

Movements of Vessels in the Harbour and its approach channel during poor visibility
     11. —(1) At any time when the visibility in the Harbour or approach channel is less than 0.25 of a nautical mile the Queen's Harbour Master may declare fog routine to be in force. Whilst the routine is in force no vessel of an overall length of more than 20 metres shall enter the Harbour or approach channel or leave her berth or mooring therein or weigh anchor, except with the permission of the Queen's Harbour Master.

    (2) Small boats may proceed at the Master's discretion with caution and must keep clear of the main navigable channels and the approach channel.

    (3) The Queen's Harbour Master will direct that the routine is in force and when it has ended by broadcasts on VHF radio Channels 11 or 13.

(a) an increase in the maximum penalty for offences from £50 to level 3 on the standard scale;

(b) controls on jet-skiing, parascending and windsurfing; and movement of small boats; and

(c) changes to rules on anchoring and mooring; fishing; swimming and diving; water-skiing; speed limits; reserved and recreational areas; firearms, weapons and explosives; Port radio communication; shipping movement control; restriction of movement in poor visibility; and temporary restrictions on movement within the Dockyard Port.

     3. Admiralty charts relating to the Dockyard Port area are issued by the Hydrographer of HM Navy and can be bought from authorised suppliers; details of these suppliers can be obtained from the United Kingdom Hydrographic Office, Admiralty Way, Taunton, Somerset TA1 2DN (telephone number 01823 337900; fax number 01823 284077).