LP News Issue 13 - September 2000

See Container Matters: A Loss Prevention News Supplement

Videos help tackle container claims

The Club’s Major Claims Analysis has revealed that over a ten year period around 54 per cent of containership claims and 47 per cent of the value related to cargo. Some 21 per cent of claims (18 per cent of value) concerned personal injury. Collision claims accounted for just eight per cent of claims but 20 per cent of value.

The great majority of claims concerned ships over 10,000 gross tons. Two thirds involved Club ships less than 15 years old. Physical and wet damage and containers overboard accounted for 60 per cent of UK Club losses involving containerships at an average cost of US$362,000 per incident.

Container Matters is a 33-minute production, focusing on sea transportation. Any fool can stuff a container is a 31-minute video, which emphasises the importance of container packing.

Earlier videos in this UK Club series – Cargo Matters, Tankers Matters and Bulk Matters encouraged crew and staff to check the quality and quantity of cargo. However, as Container Matters points out: “That isn’t so easy with containers. Although the cargoes you carry are always out of sight, you can’t afford to let them be out of mind.

“In 30 years or so of containerships, we’ve learned the hard way that simply putting cargo into a metal box doesn’t guarantee it will arrive in good condition.” These days, in contrast to the days when cargo was stowed by professional stevedores, most is stowed far inland, “ by people who have no idea what the sea can do.”

Container Matters

This video has sections on loading and stowing, securing and lashing, and monitoring and checking systems for the voyage itself, all supported by accurate record keeping. It provides examples of poor practice leading to incidents and suggests remedial measures.

The video draws a distinction between practices and problems on a multipurpose vessel or feeder ship and a mainline vessel. It indicates the roles for owners and charterers, officers and crew, stevedores and riggers, and stowage and terminal planners.

It warns against not declaring or deliberately ignoring weight limits, exceeding racking limits and overstressing lashing systems, hatch covers and tank tops. These shortcomings increase the likelihood of the stow collapsing.

Any fool can stuff a container

This video is essentially for shippers – the customers of the shipping lines who are normally responsible for packing the cargo and stowing it in containers. The keynote is: “It’s not surprising that many cargoes are ruined simply because they’re poorly packed in their containers. Shippers’ profits and goodwill get written off with them.”

A containership typically rolls about 60,000 times in crossing the North Atlantic so heavy, out-of-gauge or dangerous cargoes require “close collaboration with your container operator from the word go.”

This video traces the responsibilities and concerns of shippers and other parties across the full shipment process. It covers ordering the right container for the job, making sure it is in good condition and ensuring that no part of it is damaged or inadequately repaired.

The section on the packaging plan warns: “Cargo shifting and uneven weight distribution are among the most frequent causes of container cargo damage.”

It deals with packaging, pallets and dunnage, achieving a “correct and immovable stow”, packing different cargoes in the same container and sealing and security measures.

Any fool can stuff a container follows the carriage and terminal stages to and from the ship. It highlights the importance of careful procedures by those receiving the container to avoid personal injury and damage to goods on opening and unloading.

Copies of Any fool can stuff a container are available free of charge to Members for distribution to their clients. There is also a facility available to have the videos badged with members' own logos if required.

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Crew fitness project involves 12,000 seafarers

The UK Club Crew Fitness Project is now fully operational and available to all the Club’s membership. Launched in August 1996 to address ever increasing costs of crew illness related claims, the scheme has been developed on the premise that many seamen already had “conditions of unfitness” prior to joining their respective ships, and this had not been identified due to inadequate local screening. For example in 1996 alone, Filipino seamen who comprise more than 20 per cent of the world’s seafarers, accounted for over US$7 million of personal injury claims.

There are now approximately twelve thousand seamen on the project, supported by a network of clinics in the Philippines, India, Croatia, Thailand, Australia, the UK, Republic of Ireland and most recently South Africa. Since 1996, the number of shipowner members supporting the scheme has grown to include tankers, dry cargo, bulk carrier fleets and some major cruise operators. Although there was initially some resistance to the higher standards required of the scheme, there is now general support as it is more apparent that it benefits not only the shipowners, but also the seamen. Those who have been screened as being unfit for sea duty at the start of the examination scheme are initially running at 10 per cent. The initial failure rate tends to drop mainly because of the tighter selection criteria of those representing the shipowners participating in the scheme. The project’s rigorous standards also act as a deterrent to unfit seamen.

An internal report carried out for the Club’s managers on the 15,000 examinations undertaken in all regions to date show that on average, 5.2 per cent have failed. The most common grounds for rejection include hepatitis B, liver disorders, TB, high blood pressure, poor lung function, heart disease, auditory and mental health problems. The average cost of the enhanced pre-employment medical examination is US$ 100 per person. The scheme is able to achieve significant savings for participants by screening out unfit crew. As the scheme is extended into more of the Club’s membership, savings will continue to grow. Out of 15,000 examinations carried out to date, the number of unfit crew screened out by the scheme numbered 1,200. On a worst case scenario, based on an average permanent disability compensation of US$ 80,000 per individual, the potential cost savings are therefore extremely significant.

More important, these cases were not related to pre-existing medical conditions. This is positive proof that the scheme is meeting its aims and objectives. It has therefore been recognised as a vital tool in the successful management of crew risks for shipowners and shipmanagers alike. Pursuing the scheme has an obvious number of advantages for Club Members. By helping to eliminate the risk of employing seamen with serious pre-existing medical conditions; it will have the effect of reducing the overall costs of crew related claims. Equally important, it ensures that vessels are manned by fit and healthy crew, as the loss of just one man onboard can have a disruptive and expensive impact on the vessel’s operation. The scheme has been judged to be one of the most successful loss prevention initiatives for the UK P&I Club and in response to requests from the membership the Club is further expanding its network of clinics in new regions around the world to cater for their individual requirements.

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Container claims increasing worldwide

“87% of major claims occur on containerships above 10,000gt and account for 93% of the value of claims”

The Clubs recently published Analysis of Major Claims (Ten-year Trends in Maritime Risk) makes interesting reading with reference to container risks in particular. Containerships accounted for 424 major claims between 1987 and 2000, generating US$146m in value, representing 8% by number and 6% by value of major claims.

Average claim values have increased steadily since 1991 and while they dropped again below the average trend of 1995, they have increased significantly of late. The increase in the number of serious cargo and explosions/fires is particularly worrying.

In terms of risk category, containerships differ from most other ships in that shore error accounts for 21% of all major claims, compared with a 9% Club average across all ship types. Not surprisingly, this ship type has more than its fair share of cargo claims #150; 54% compared with a Club average of 40% and only slightly less than general cargo ships at 60%.

In terms of ship size and age, the smaller ships of this type fare quite well. 87% of major claims occur on containerships above 10,000gt and account for 93% of the value of containership claims. Clearly, the smaller feeder ships do not suffer the same experience of major claims. Also of interest is that 44% of containership type claims occurred on ships of less than ten years of age.

In terms of country of incident, over a quarter of containership major claims occurred in the USA (28% by number and 20% by value). No one port however stands out as having an excessive number of large claims. The highest being Rotterdam, followed by Buenos Aires, Hong Kong, Antwerp and Long Beach.

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Foreseeability of ‘coco loco’ injury is question of fact

The plaintiff was a passenger aboard a cruiseship, for a one-week cruise during which she attended a shipboard Island Night function where speciality beverages known as ‘coco locos’ were served inside green, unhusked coconuts weighing in excess of four pounds. During Island Night, the plaintiff was struck on the top of her head by an object that apparently fell from the deck above. Evidence suggested that the object was a coco loco. The plaintiff sued to recover from various personal injuries. The defendant moved for summary judgement, arguing that the injury to the plaintiff was unforeseeable as no one had ever been injured by a falling coco loco.

The court acknowledged, “ there is, of course, a connection between notice and foreseeability, in that the absence of any coconut-related incidents despite defendant’s hosting of a great number of Island Night buffets would tend to indicate that an accident such as the one alleged by the plaintiff was not necessarily foreseeable, or that the operator took reasonable care under the circumstances.” In denying the summary judgement motion, however, the court held that the mere absence of similar incidents in the past did not establish as a matter of law that the cruise line had exercised reasonable care under the circumstances.

Subsequently the matter proceeded to trial, and the New York jury in fact concluded that the shipowner was liable. They accepted the claimants argument that the serving of drinks in a coconut was in effect in itself a ‘hazard’ created by the shipowner, with a foreseeable risk of injury associated with its use. Whilst the decision was disappointing, it was not considered prudent to pursue the matter through an appeal. The message from a loss prevention perspective is that shipowners need to recognise the potential for accidents, and cannot rely on the defence of “... it never happened before”, a US jury being as inclined as ever to use hindsight as a test for what is ‘reasonable’ in any given situation. Where the potential for falling objects exists, Members should consider the possibility of physical barriers to prevent passengers below being struck, and should revise their practice so as not to ‘arm’ passengers with objects likely to cause significant injury should such an accident occur.

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Container pilferage - France

The Club is presently investigating a serious case of pharmaceuticals pilferage in Marseilles which has revealed some disturbing practices. It would appear there is an organised system of delivering empty containers (declared as full) to the port. Once in the port, allegedly with the help of port employees and forklifts, these containers are filled with goods pilfered from other containers. The containers are then shipped to their point of destination where the pilfered goods are collected by the parties involved (in this case West Africa). Similarly the pilfered containers are shipped to their destination with the subsequent claim for loss on the carrier.

Under French Law it is not possible for cargo interests to proceed directly against the stevedores when a contractual (b/l) situation exists. The carriers only possibility to avoid a claim in this type of case is to present a recourse action against the stevedores. This is hampered by a further problem in Marseilles which is that surveillance video tapes, of the areas concerned, are not being kept long enough by the port before being erased.

We would strongly recommend Members request secure stowage for their containers in Marseilles prior to/ after discharge, and ensure their staff are fully aware of this current problem.

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ITF impostor

Information has been received that impostors pretending to represent the National Union of Seafarers of India (ITF) are operating at the Indian ports of Calcutta, Paradeep, Vizag, Haldia, and Madras. We have not heard of any such impostors acting in the west-coast ports. These fraudsters apparently have an extensive working knowledge as to how the official ITF operates and use this information to make demands on unsuspecting ships masters visiting the port.

It is understood that the genuine ITF are in the process of appointing specific inspectors in all Indian ports and their identities are to be circulated to ships agents. Meanwhile any masters approached by anyone claiming to be from the National Union of Seafarers in India should first confirm the identity of the official by contacting their appointed ship’s agent. To date no legal action has been taken against these impostors because no master has yet formally filed an official complaint to the authorities despite requests from the National Union of Seafarers.

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Contaminated cargo problems at Australian ports

Contamination, however minor, of fertiliser cargoes by agricultural products continues to cause difficulties for vessels trading to Australia.

There are particularly strict control requirements in Australia which have been set down by the Australian Quarantine and Inspection Service (AQIS). Should these controls not be adhered to, vessels may face periods of quarantine, expensive reprocessing costs or even refusal to discharge the cargo altogether. In previous years AQIS have been particularly diligent in their inspection of holds and cargo prior to discharging when the cargo originated from US ports, however it is not only cargoes from US ports which cause them concern. A recent shipment of fertiliser from the Israeli port of Eilat was subject to stringent checks. The cargo was found to be contaminated by barley and despite the fact that only 13 grains of barley were found the vessel faced a period of quarantine and the cargo was required to be reprocessed.

In an effort to combat such events, it is suggested that the most effective method of hold inspection, prior to loading cargoes for Australian ports, is the use of a cherry picker to inspect the all areas of the vessels holds including for example all underdeck beams, top section of frames and frame brackets, any ledges on the forward and after bulkheads where grain may lie, all pipe flanges, behind all pipe protector plates/support brackets and other ledges in these areas, and most importantly the removal of flake rust, this therefore eliminates and removes any grain that may be concealed behind such rust. A detailed inspection is absolutely necessary in order to ensure that there are no remaining grain (wheat) residues.

Details of the requirements for importing fertiliser into Australia can be found on the AQIS website at: http://www.aqis.gov.au

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Problems discharging cement in Nigeria

Local correspondents in Nigeria have brought the Club’s attention to the following cement-related discharge problems applicable to Nigerian ports in general and to Lagos especially.

Two case histories were provided by way of example.

• A vessel arrived at Lagos with wet cement in March 2000 and the receivers argued that the cost of discharging, transporting and customs duties exceeded the actual value of the cargo. As a result the solid cement was left onboard the vessel.

  A dispute then developed as the receivers and the vessel owners disagreed over the quantity of cargo remaining onboard causing the vessel to be delayed. Ultimately this situation could have been avoided if the vessel owners had protected themselves with a draft survey.

• Over the past few months a number of vessel's discharging bulk cement have encountered problems with local receivers. The receivers are alleging that pieces of iron found in the cargo and emanating from the vessel are causing damage to the screw un-loaders/hoppers thus causing down time. Correspondents are concerned (with a few minor exceptions) that the majority of the contaminants have been placed in the cargo by unknown persons intent on sabotaging the discharge operations. They are not sure whether the local stevedores (unhappy about the increasing use of machines) are involved or whether it is the receivers (who apparently do not have enough storage space for the cargo) trying to avoid demurrage claims. They therefore recommend that additional security and watchmen are deployed to prevent any unauthorised persons throwing foreign objects into the cargo. Furthermore, the hoppers should be inspected and confirmed to be empty before discharge operations are commenced. This security can be arranged through the vessel's protecting agents.

Record fine for oil spill

A shipping company has been fined NZ$60,000 for an oil spill that came ashore into the Poor Knights Islands marine reserve in New Zealand. The fine matches the record under the country’s Resource Management Act for offences relating to the discharge of contaminants. A container ship discharged a large quantity of oily bilge water while sailing between the internationally recognised marine reserve and the Tutukaka coast in Northland, New Zealand. In addition to the fine the company will have to contribute NZ$160,000 towards cleanup costs. Fortunately there is no long term damage to the reserve which has long been recognised as a marine habitat with unusual and unique features. The islands are also a place of great cultural and spiritual significance to the Maori. The third engineer had failed to notify the bridge that 5 cubic metres of bilge contents and 2 cubic metres from the purifier slop tank had been pumped overboard. The crew had not known that the oily water separator was ineffective and the discharge formed a 1.5 kilometre by 6 kilometre slick that was driven by wind onto the coast of the Poor Knights Islands, which took many days to clean up.

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Stowaways

Recent incidents involving a relatively large number of Chinese stowaways being smuggled into the United States of America have involved the use of containers. Enquiries by the investigative organisation Signum Services Ltd have given the Club an insight into the methods being employed by the criminal organisations responsible.

New information is now available on the very real threat of sustained attempts to smuggle stowaways in containers and ships in general. Accordingly, the Club has taken the opportunity to revise its loss prevention advice for all categories of ships. The suggestions made will hopefully assist ship operators and their masters to develop their own procedures aimed at reducing the opportunities for stowaways to be smuggled onboard ship or by means of containers.

A four page loss prevention bulletin has therefore recently been issued containing recommended preventative measures and action to be taken by the master following the discovery of a stowaway. (For details of this bulletin see the Container Matters supplement). The guidance highlights steps which should be taken for all types of ships and gives specific advice for the container trade. This advice will be kept under constant review and updated when appropriate. It is hoped to provide further recommendations in due course regarding equipment which may be used to detect stowaways hidden onboard in containers. The guidance has been aimed at preventing business interruption and the consequential loss which can occur, at the same time satisfying immigration authorities that shipowners have taken all reasonable measures to prevent stowaways being smuggled into their country. More importantly, they are also aimed at ensuring the safety of any stowaways who are tempted to use ships and containers. Their discovery before or even during a voyage can prevent such tragic consequences as occurred recently when 58 stowaways died in a container carried by a truck on a ferry from Zeebrugge to Dover.

Unfortunately, in the final analysis no detailed guidelines issued in advance can hope to cover all situations. In rare instances stowaways could be armed or be capable of violence towards the crew, or even out number the crew. The master in close liaison with the shipowner and the P&I Club will need to consider the safety of the ship and crew as well as the health and well-being of the stowaways and achieve a balance of interests.

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X-ray body checks for lorries

Customs officials are to install new technology at ports, capable of detecting people hiding in lorries entering the country.

Their system works by passing lorries through an x-ray field. Unlike conventional scanners, which simply form an image from x-rays which pass through, this system analyses reflected x-rays too. The so called ‘back scatter’ technology is crucial for seeing organic material like the human body. In tests, people hiding in a lorry trailer, behind crates, TV sets and even fake guns show up as ghostly white human images on the operator’s screen. Neither the lorries’ walls nor the cargo can blind the machine' and the radiation dose is so low there is no risk to human health. For many years visiting ship owners to the UK have been subject to £2,000 fines for bringing stowaways into the country. There is now a system of fines for lorry drivers entering the UK with illegal immigrants in their cargo under the new Asylum and Immigration Bill. Truckers can now be fined up to £2,000 for each stowaway found onboard and may even have their vehicles confiscated.

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Warning - Scrap steel containing live ammunition

Club correspondents in Odessa recently came across ten defused mines lying on deck having been separated from the cargo during loading at Nikolayev in the Ukraine. We would suggest that concern should be not only for the ones found, but those not found. This unfortunately is not the first case of this kind. Readers of the Club’s loss prevention bulletins will remember an earlier warning from the Club, which reported that during discharge of a cargo of scrap from Klaipaeda several shells, believed to be anti tank ammunition, were found lying on top of the cargo. It would appear that this problem is still very much alive.

We therefore continue to strongly advise Members to be wary of loading steel scrap in the former USSR and take this opportunity to reiterate the Club’s earlier recommendations. If Members are loading, carrying and discharging cargoes of steel scrap from ports in the former USSR the following precautions should be considered:

• Careful inspection of the cargo is required as it comes alongside the ship to be loaded. If munitions are detected in the cargo, the local P&I representative should be informed immediately.
• A very careful watch must be kept during loading operations and once again P&I representatives should be advised immediately anything suspicious or dangerous is found in the cargo.
• Photograph the top of the cargo in each hold immediately after completion of loading and put the date on the photograph. If possible the shipper should sign the back of the photograph. When the hatches are opened on arrival at the discharging port(s), photographs should also be taken of the top of the cargo in each hold before discharging begins. These photographs should be dated and, if possible signed by the receivers.
• Obviously, a careful watch is absolutely necessary during discharging operations and immediate contact should be made with the local P&I representative at the discharging port(s) if anything dangerous or suspicious is located in the cargo.

Custom fines - Ivory Coast

The Club has been made aware by the local correspondents in Abidjan of recent newspaper articles appearing in the Ivory Coast press referring to alleged cases of fraud. Considerable sums of money are believed to be involved, with their origin based in the false declaration of quality, origin and quantity on bagged cargoes of sugar from South America. Whereas the Club has recently experienced cases of apparent shortlandings on cargoes from Brazil, the origin of problem cargoes is not exclusively South American and includes some North European ports also.

A typical case is that of a vessel which loaded in Antwerp. On arrival in Abidjan the original seals on hatchcovers and hold entries placed in the loadport were checked and found to be intact. Although the Master did not have an official draft survey carried out with shippers’ representatives, he confirmed that his own draft survey indicated that the quantity loaded reflected that on the bills of lading. All cargo was discharged into one quayside warehouse and delivery to receivers was only commenced after discharge of the whole parcel.

The out turn tally, carried out under ship’s tackle, indicated a shortlanding of 2,000 bags. As a result all parties (including the master) physically checked the quantities discharged into the warehouse and the shortlanding of 2,000 bags was confirmed.

The possible origins of the shortlanding are not numerous. For example, there could have been short shipment in the load port (criminal or otherwise), however we are usually told that the tally in such developed ports is carried out automatically on the conveyor belt and cannot therefore be wrong! Seals can also be tampered with.

A second case in Abidjan is that of a vessel where the crew were caught red handed selling bags of sugar and discharging these at night into dugout canoes while the vessel waited in the lagoon for a berth. The Ivory Coast customs authority have always imposed heavy fines on alleged discrepancies between the official out turn report and the manifested quantity and it is feared that a combination of newly promoted officers with a mandate from the new military régime to stamp out corruption and the wide publicity being given to the alleged frauds will result in even greater vigilance on the part of the authorities.

In order to be best prepared to defend the Member’s position, it is recommend that the following measures be taken:

• Hatch covers and access ways to holds should be sealed by an independent company with inviolable seals in the load port no matter where it may be.
• If loading operations are automated and the bag count is also automated, then there should be a back up method of controlling the stevedore / shippers figures.
• A joint draft survey should be carried out by all interested parties both in the load port and the discharge port.
• The holds should be unsealed and this witnessed jointly by all parties including customs.
• Sealing/unsealing of the holds and joint draft surveys should be carried out in any intermediate ports.
• The vessel should employ security personnel, preferably from the official port police, throughout the stay of the vessel in an Ivorian Coast port.
• A joint tally should be organised at the most efficient point, and in order to be certain a second tally should be carried out on delivery jointly with the warehouse supervisor.

Unfortunately it is obvious that to carry out all the foregoing suggestions will prove expensive and an unwelcome addition to owners’ costs. Nevertheless the local correspondents warn that if this advice is ignored, a heavy increase in customs fines can be anticipated.

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Store cranes - testing, inspection and maintenance

During a recent visit to a Member’s vessel the following unfortunate incident was witnessed.

While lifting a cargo net load of ship’s spares, estimated at under 300 kg, the1 ton SWL stores crane was ripped from its base plate. The crane fell from boat deck level to the aft quarterdeck and became jammed in the debris of the ship’s crushed side rails. The crane was left precariously positioned over the ship’s side with the jib pointing down but with the cargo net still attached and submerged into the sea. Fortunately, no personnel were injured during the incident. The cargo net was eventually recovered but with the loss of some very valuable generator spares and other items.

The main cause of the crane failure is still unclear. However, it was established that considerable time had elapsed since the stores crane was last tested / inspected. The ship had left drydock two weeks previously where the ship’s main derricks had been tested and the Cargo Gear Book revalidated but no testing / inspection of the stores crane had taken place.

Members’ attention is drawn to the desirability of scheduled testing, inspection and maintenance of all lifting appliances. It would be expected to find procedures to cover the safe operation and maintenance of all lifting appliances under the ISM Code and Safety Management Systems.

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Environmental protection law - China

The revised law is divided into ten comprehensive chapters totalling ninety eight clauses, detailing general principles for the protection of the marine environment, the supervision and administration of the marine environment, the protection of marine ecology, the prevention against pollution of the sea by land-originated pollutants, the prevention against pollution of the sea by coastal construction projects, the prevention against pollution of the sea by construction projects at sea, the prevention against pollution of the sea by dumping of waste, the prevention against pollution of the sea by ships and their operations and finally details of the financial penalties that may be incurred for violating the law.

Compulsory and immediate reporting is a pre requisite of the new regulations, both to persons who may be effected by the pollution and to the relevant national safety administration office, any accident causing pollution or threat of pollution. The National Maritime Safety Administration is also responsible for preparing and submitting to the State Council, a National Contingency Plan for response to major oil pollution accidents involving ships.

Vessels must be equipped with appropriate anti-pollution equipment. Carriers, cargo owners, or their agents of vessels carrying pollutant cargoes must apply for approval to the Maritime Safety Administration before entering into port. Vessels carrying oil must have oil spill contingency plans and be equipped with relevant spill contingency equipment. Vessels in a casualty situation, causing or likely to cause serious pollution to the sea environment may be ordered to take measures to avoid or mitigate pollution damage. Damage to the marine ecological system may result in an order to make restoration.

Dumping of foreign waste within the PRC’s jurisdiction is prohibited. The penalty for a violation of this provision is a fine (depending on the likelihood of harmful consequences of the dumping); Discharges of pollutant, waste, ballast water, garbage or other toxic material from any vessel or during their operations are prohibited in accordance with the law. Ships carrying out tank or hold cleaning must be equipped with appropriate treatment facilities. Vessels intending to carry out tank cleaning, washing, degassing, discharge of ballast water, oily water, oil residues, rust removal or painting, the use of chemical dispersants, deck washing with pollutants, toxic or harmful material, lightering operations involving oil or hazardous and noxious substances in bulk etc, must apply to the authorities for prior approval. The official dumping of waste is only allowed to those who have applied in writing for, and obtained, a specific dumping permit delivered by the National Marine Administrative Agency.

It should be noted any vessel carrying dangerous waste passing through the sea area of PRC’s jurisdiction must obtain prior consent in writing from the authorities concerned. Any ship in breach of this provision will be ordered to leave the PRC’s jurisdiction.

Finally, it is important to note the law applies to all types of vessels. There is unfortunately no definition of a ‘pollutant’ or clear whether the sea area governed by this law will be limited to territorial waters or if it extends to the exclusive economic zone. Some of the provisions are not easily interpreted and exactly how the new regulations will be enforced is a matter of ‘wait and see’ It is obvious however that infringements will result in financial penalties for Members.

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Regulatory developments California USA

More ballast water regulations

The California legislature recently passed new regulations on the discharge of ship ballast water to combat foreign species destructive to local marine environments. On 1 June 2000, the new regulations on the exchange of ballast water will take effect, covering, (a) any vessel carrying ballast water into California waters which was operated further than 200 nautical miles offshore and (b) all ballast water and sediment taken on a vessel in areas less than 200 nautical miles from any shore, or within water that is less than 2,000 metres deep.

A management programme must be implemented by the master, owner, operator, or person in charge (PIC) of any subject vessel, by doing one of the following:

• Exchange ballast water beyond 200 nautical miles from any shore, and in waters more than 2,000 metres deep, before entering California waters.
• The retention of the ballast water onboard the vessel.
• The use of an alternative method of ballast water management approved by the State Lands Commission.
• The discharge of the ballast water to an approved facility on shore and under extraordinary conditions, the exchange of ballast water in an area agreed to by the State Lands Commission.

Compliance is enforced by the State Lands Commission and the Coast Guard, through sampling of ballast water and sediment, examination of documents and other assessments, but please note only civil penalties may be imposed. Vessels not subject to this regulation are, crude oil tankers in US coastwise trade, vessels in innocent passage, passenger vessels equipped with a functioning treatment system designed to kill non-indigenous species (if such system is at least as effective as ballast exchange), US Coast Guard or armed forces vessels and vessels that discharge ballast water only where the ballast water originated, if the ballast water does not mix with ballast water from areas other than mid-ocean waters.

The legislation also creates an Exotic Species Control Fund to aid in regulation and research. Funding is predominantly provided by fees (not exceeding US$1,000) charged to vessels entering California ports with ballast water from outside 200 miles offshore. Government and industry have been tasked with conducting further research on alternative methods and reporting to the legislature by 31 December 2002. Unless re-authorised, the act will remain in effect until 1 January 2004.

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Port state control Venezuela - garbage management

A Member has informed the Club that port state control inspectors in the Caribbean, especially in the Puerto Cabello area, are being particularly strict regarding the garbage management book. This is a compulsory document for all ships carrying 15 or more persons. Two ships under the Member’s control have recently been inspected and the inspectors have paid particular attention to the garbage dumping positions entered in the book. These have been compared in great detail with the special areas as per Annex V. MARPOL 73/78 Regulation 5. In one case a minor violation was noted and the inspector threatened to arrest the vessel. A fine of US$15,000 was then levied which was later negotiated down to US$1,000 by the master. Members should therefore remind ships' masters to ensure that the appropriate regulations are complied with to avoid such situations.

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Why I want to be a captain

So what does it really take to reach the pinnacle of the world's toughest, most uncompromising profession? (Yes of course we mean modern seafaring).

This review of life in the master's dayroom was written by a ten year old American schoolboy and published in the newsletter of the Society of Marine Port Engineers of New York. Such insight from one so young...

“I want to be a Captain when I grow up because it's a funny job and easy to do. Captains don't need much school education, they just have to learn numbers so they can read instruments. I guess they should be able to read maps so they won't get lost.

Captains have to be brave so they won't get scared if it's foggy and they can't see, or if the propellor falls off they should stay calm so they will know what to do. Captains have to have eyes to see through the clouds and they can't be afraid of thunder and lightening because they are closer to them than we are.

The salary that Captains make is another thing I like. They make more money than they can spend. This is because most people think that Captaining a ship is dangerous – except Captains, because they know how easy it is.

There isn't much I don't like, except girls like Captains and all the girls want to marry a Captain, so they always have to chase them away so they won't bother them. I hope I don't get seasick because I get carsick and if I get carsick I could not be a Captain and then I would have to go to work.”

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Loss Prevention Initiatives - Edition 2000 is a video highlighting the loss prevention materials available from the Club. For a complimentary copy of this video, please contact Karl Lumbers on email: karl.lumbers@thomasmiller.com

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