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SHIPTALK'S NEWSLETTER TO A FRIEND
Welcome to this the September 2005 edition of the Shiptalk newsletter.
Please take your time to read what we have to say this month about issues affecting your everyday lives at sea and do let us know if you have an opinion on comments of any of this month’s articles or other issues that you would like to air via Shiptalk.com.
Shiptalk.com…….reading you loud and clear
SHIPTALK MEDIA SERVICES
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In addition to web development SMS offer a specialised design service for any and all corporate literature, marketing and advertising materials. For more information of Shiptalk Media Services contact us on: enquiries@shiptalk.com
SEAFARER WELFARE
Suicide after pollution investigation
In sad news from The United States, details emerged this month that a Chief Engineer recently took his own life after the US Coast Guard detained his vessel.
The bulker Celine was faced with a routine port-state control inspection as she discharged a cargo of copper in Connecticut, USA. Within 24 hours of the inspection it appears that US Coast Guard (USCG) inspectors began to have some concerns regarding the oily-water separator equipment, leading them to issue a detention order and to seize the hard drive of an on-board computer.
The day after the Celine the detention, the ship's crew found 53-year-old Chief Engineer, Ivan Peykov, hanging from a pipe on the tweendeck. Frantic attempts to revive the Bulgarian failed to prevent his death, which has been ruled a suicide.
After more than six weeks the US authorities continue to hold the ship's Master, Gyula Lukacs, 47 without charges, although they know his father is seriously ill in Hungary. The case reflects how the US government's zeal for waste-oil prosecutions can cross the line into "heavy-handedness", according to George Chalos, of the firm Fowler, Rodriguez & Chalos, the attorney for the ship's owner.
Calls are now being made to allow the Master to return to his native Hungary, as Lukacs has not been charged with a crime it is unclear what the Department of Justice (DoJ) hopes to gain by holding him.
Chalos believes the USG agents handled themselves as per their procedures, but stressed the rapid shift of focus from routine port-State deficiencies to a criminal investigation left the crew, including the unfortunate Peykov, frightened and bewildered.
The DoJ has made oily-water separator cases a major priority, securing huge fines against larger owners, such as the $25m assessed against Evergreen earlier this year. Seafarer suicides are not uncommon but this is understood to be the first in direct connection with a USCG enforcement action.
This incident has further highlighted the need for the much-vaunted joint International Maritime Organization (IMO) and International Labour Organization (ILO) Working Group on the Fair Treatment of Seafarers in the Event of a Maritime Accident. (As reported in the May 2005 Shiptalk newsletter.)
For news and discussion on these events visit www.seamenschurch.org
The "Chancer", sailor, insurer and legislator
There has been a major call for a rethink and action on the ways in which ship management companies, recruitment agencies and ship owners compensate employees and their families.
Rajendra Singh Yadav, the second officer onboard the "M V Yasemin S", died on March 1 this year in Istanbul. Five months later, his family is still awaiting insurance payment or compensation from his employer.
Worse still is the fact that the family’s claim has fallen between all parties, as nobody knows who will pay the compensation, the Ship Management company, the recruitment agency which sent him to the ship, the owner of the ship are all squirming to avoid liability?
This case, and indeed the issue of compensation and/or lost wages are by no means unique. Many cases of "seafarer abandonment" are documented which indicate seafarers are often left without salary or supplies as ship owners flee from debts and their responsibilities. This is by no means a new problem and such are the abhorrent consequences of the problem that a special ad hoc working group of the IMO/ILO was formed some six years ago to look for a permanent solution for those seafarers abandoned by their employers.
So we see that these problems are nothing new, and indeed the liability of ship owners to pay compensation for injury to or death of seafarers caused by accidents arising out of and in the course of employment has been widely accepted, but still seafarers go without, or are faced with decade long struggles to get what they are owed.
While the campaign launched by Rajendra Singh Yadav’s family is to be applauded it will be rendered impotent without a real commitment from the industry and from national governments to make sure that seafarers are kept safe from exploitation, meanwhile the regulatory work goes on and on and on…
The latest Paris MOU report highlights some winners and losers in the flag-state rankings as Brazil and Taiwan are added to the dreaded "black list" of flag states.
The three-year rolling system used by the PSC body means Taiwan and Brazil, previously on the grey list, have achieved an "excess factor" (over the average detention/inspection ratio) of 1.42 and 1.29, just above the 1.07 of last-placed flag, Panama.
Moving in the opposite direction were Bulgaria, Cyprus, India, Iran, Malta and Morocco, all of which were "promoted" from the black list to the grey list. Saudi Arabia and Vanuatu were "demoted" from the white list to the grey list.
Good news though for the Philippines, Malaysia, Barbados and the Cayman Islands as they joined the "quality flags" on the white list, headed by the likes of Germany, Isle of Man, the UK, the US and Sweden.
In the classification society-league table of PSC performance, Albania's Register of Shipping was worst, with an excess factor of 12.44, while Germanischer Lloyd was best with -1.41.
The worst performing member of the International Association of Classification Societies (IACS) was the Korean Register of Shipping, the Korean’s were even outperformed by IACS reject Polksi Rejester Statkow of Poland, as well as the Russian River Register.
Shiptalk says…"Its vital that as an industry we are led by strong flag States and by proper and effective Classification Societies. Weakness in these pillars of our establishment leads sub-standard shipping going unchecked."
Further details and a full list of the new standings can be located at the Paris MOU homepage, www.parismou.org.
The federal transport ministry of Germany is to launch an anti-alcohol initiative at the International Maritime Organization (IMO).
Germany’s proposal is to introduce a general alcohol limit of 0.5 parts per million (ppm). For passenger ships and those vessels carrying hazardous cargo the limit should be 0.0 ppm. It has to be taken into account, though, that the limit of proof is 0.3 ppm.
The limits would be in line with brand new regulations in Germany, which have come into force this month and apply to both merchant shipping and leisure craft.
There have been a number of high profile accidents in which alcohol has been blamed, the crash of the multipurpose containership "Karen Danielsen" into the Great Belt Bridge in March this year is one example, another took place in the port of Hamburg in summer 2004 when the small tanker ENA2 was in collision with a container vessel and at least 60 tonnes of sulphuric acid escaped into the river Elbe.
The master of the ENA2 had a blood alcohol level of 2.1 ppm, and the official findings of the Federal Bureau of Maritime Casualty Investigation put the blame for the accident squarely on him.
As such these incidents are being used to back the German assertions that it is necessary to implement a strict anti-alcohol policy in shipping.
As if to illustrate the point the Ukrainian master of a British-registered ship has been jailed for four months for being almost four times over the alcohol limit while preparing to sail his vessel from Southampton.
Captain Volodymyr Dushyn, master of the "Hoo Tern", had pleaded guilty to a charge of having excess alcohol in his breath.
Capt Dushyn was found to have 136mg of alcohol in 100ml of breath. The UK legal limit is similar to the road traffic regulations, which is 35mg of alcohol in 100ml of breath.
Coincidence or culinary folly?
The U.S. Coast Guard, was involved in not one, but two separate medical evacuations from the same merchant vessel off the Oregon coast this month.
On the morning of August 10, the Master of the U.S. flagged vessel "Gem State" reported a crew member had chest pains and was possibly suffering a heart attack. The Coast Guard medevaced the man to a hospital, where he was examined and released.
That evening the master reported a second crew member also suffering chest pains. The Coast Guard medevaced the man ashore for transportation to a hospital, where he was pronounced dead.
Due to the similarity of the symptoms of the two victims and the close proximity of time between incidents, the Captain of the Port, of Portland, ordered the vessel to return to an Anchorage off the port.
The Centre for Disease Control was notified and a team consisting of the US Coast Guard and the Oregon State Department of Health was dispatched to the vessel to conduct an environmental health inspection of the vessel and crew. No results were discovered that would lead the team to conclude that the two incidents were linked in any way.
It was seemingly a case of an amazing coincidence and as such the Port Order restricting the vessel from departing the Astoria Anchorage was rescinded and the vessel was cleared to proceed to sea. Though it sounds like they need a new Chief Cook to us!
More news from the United States Coastguard at www.uscg.mil, Shiptalk would also like you to join us in wishing a belated Happy Birthday to the brave men and women on the white clippers, as the Coastguard celebrated its 215th anniversary in August.
Over the years we have seen a number of GPS assisted accidents, not only collisions but also other casualties arising from a failure to apply appropriate corrections. This led many navigators to use computer software to generate an "optimised" track.
The result? Well, the vessel maybe in the right place, but so too is every other Tom, Dick and Harriet, as all their vessels converge upon the same waypoints on similar, or reciprocal tracks, leading to numerous dangerous close encounters.
As ever we solve one problem, only to see yet another develop. So how can this be solved? Well as part of the Marine Accident Reporting Scheme (MARS), operated by the Nautical Institute, they believe a simple answer has emerged from the aviation industry.
The answer is to establish a common rule or code of conduct to leave all recognised waypoints to Port. Depending on the amount of sea room available, this might be a few cables, and in open water a mile or two from the waypoint. This off-set from an optimised track for all vessels heading towards the same waypoint would allow more room for manoeuvre and almost all near-misses created by common waypoint navigation could be avoided.
For more information, or to join the debate visit www.nautinst.org/MARS
Why did the Master cross the lane?
The UK Maritime & Coastguard Agency, this month prosecuted the Master of a small bulk carrier for a breach of the International Regulation for Prevention of Collision at Sea (Colregs).
The Latvian Master of the "Cyprus Cement", was fined £500 and ordered to pay costs of £500 after failing to cross the South West lane at right angles in the Dover Straits as required by Rule 10(c) of the Colregs.
The events surrounded the Bahamian registered cargo vessel "Cyprus Cement", as she travelled up the Dover Straits en route to the River Humber. When attempting to cross the TSS she did not take into account the requirements of Rule 10 (c) and was involved in a close quarters situation.
The Channel Navigation Information Service (CNIS) at Dover became aware of the "Cyprus Cement", and advised the vessel that this course did not comply with the Colregs. This advice was ignored and the "Cyprus Cement" continued, passing within just 0.6 miles of a ship shortly before it cleared the South West lane.
The "Cyprus Cement" was met on its arrival in the UK by the MCA and her master was interviewed under caution, before being called to Magistrates court to face charges for his actions.
The Magistrate took an extremely dim view of the Master’s conduct, especially in light of the fact that as an experienced master with no valid reason to take this course there was no possible excuse to steer the course he did.
The MCA believes that strict compliance with Rule 10 of the Colregs has improved safety within the Dover Strait. The MCA will continue to bring significant breeches of Rule 10 of the Colregs to the attention of the courts.
For news on this story, and for advice on regulations and adherence visit the UK Maritime and Coastguard Agency, www.mcga.gov.uk
MARITIME SECURITY
A Taiwanese Master and two crewmembers of the Panama flagged bulk carrier, "Well Pescadores" are facing up to 20 years in prison after allegedly throwing stowaways overboard, killing two in the process.
August saw the crew and officers finally been brought before a Panamanian court following the incident in March last year, though they all claim that they simply followed orders to throw the five stowaways overboard.
It was claimed that five men from the Dominican Republic, climbed onboard the vessel by edging up the ships gangway while the Chinese watchkeepers fished off the side of the ship.
After boarding the vessel the stowaways hid themselves, but when one became ill they decided to reveal themselves to the crew in the hope that he would receive medical aid, but instead they were forced off the ship.
The stowaways were provided with a small raft and made to clamber down a rope ladder, but as the final two were climbing down the ladder was cut sending them to their deaths.
Of the original 12 crew arrested, 9 have been released on the grounds that they were acting under the duress of the Master and the Officers and feared for their jobs if they did not carry out the orders of their superiors.
The Taiwanese Master, Wei Kai Tuan Mu, Chinese First Officer Guo Jing Gui and Chinese Bosun Honog Yao Hwang, remain in prison in Panama where they face trial on charges of aggravated murder, carrying a maximum sentence of 20 years.
To follow developments in this case visit the Bulletin, Panama www.bulletinpa.com
Cruise Ships - the "Ultimate Soft Target"
Definition - soft target - noun
"Something that is easy to attack or obtain an advantage from"
source Freeseach Dictionary
An al Qaeda linked terrorist has been caught in Turkey, and is being held for allegedly plotting bomb attacks on Israeli cruise ships.
The Syrian suspect appeared before a Turkish court accused of membership of an illegal organisation, and of involvement in a plot to crash explosive packed speedboats into Israeli cruise ships.
Media reports indicate that the suspect admitted preparing for an attack, and is alleged to have shouted. "I was going to attack Israeli ships. If they come, my friends will attack them. I had prepared a ton of explosives," as he was led into the courthouse.
He was arrested during a police roundup of militants following a security alert that led to four Israeli controlled passengers ships diverting from their schedule to avoid the Turkish port of Alanya.
Turkish police are continuing to search for militants who might be planning cruise ship attacks amid reports that there could be two cells of suicide bombers in the country.
Four elderly vessels with 3,500 passengers aboard were told by the Israeli authorities to divert from their schedule and not call at Alanya in early August, The affected vessels were The Iris (built 1982) and The Jasmine (built 1981) both operated by Mano Maritime, the Dream Princess (built 1970) of Caspi Cruises and the Magic 1 (built 1973) controlled by newly formed Magic 1 Cruise Line.
Samali pirate's u-turn on crews' release
We reported in last months Shiptalk about the Pirates who had seized a UN-chartered ship carrying aid to Somalia.
It had seemed that the events were heading for a satisfactory conclusion earlier this month, but it is now understood that the pirates have reneged on an agreement to release the ship and its ten crew, as they have issued fresh ransom demands.
The ship was due to be released under a deal negotiated by diplomats, local leaders and the UN’s World Food Programme (WFP). The hijackers agreed to release the ship and discharge the rice in El Maan, a port to the north of Somali capital Mogadishu, for distribution in central regions.
It appears that the case changes daily, and the latest news is that the cargo is being discharged and distributed by the criminal gang, but that the hostages are still not free.
The WFP has issued a statement that they will freeze aid to the area for ten years unless the crew and vessel are freed.
The International Maritime Bureau (IMB) has toughened its recommendations for Somalia following this incident and a spate of piracy attacks off the coast of the East African nation.
There has been a sharp increase in piratical activity in the area, in one instance a laden tanker was targeted, while in two other cases large bulk carriers have been fired on from speedboats.
The IMB has long advised vessels not to go within 50 miles of the Somali coast unless calling at one of the country’s ports, but it is now telling the industry to stay as far away as possible from the country. Recent attacks have taken place at distances of up to 120 nautical miles from the shore.
In more Somalian centered shenanigans…Numast is warning ships near the coast of Somalia to watch out for false distress signals used by pirates to lure other vessels to them.
Numast have received information that at least one vessel, recently attacked off Somalia, has had its GMDSS and other emergency/distress equipment (including flares, rockets and lifesaving apparatus) stolen.
While they do NOT suggest that ships should avoid responding to Mayday calls distress rockets/flares, it is advised that extra care be taken in responding to such incidents, particularly in or near to sea pirates hot-spots.
Details and information on pirate areas can be found at www.icc-imb.org
LEGAL
Cape Town's deputy sheriff found himself on a ship heading for Argentina after the skipper decided to make a run for it and refused to obey his arrest order on the vessel and to return to port.
Mark Withers, of the Cape Town sheriff's office, had boarded the ship as it left Table Bay harbour due to a court order instructing him to seize its fuel in lieu of a payment on a debt owed by the charterer.
"I made my way up to the bridge. When I got there, the ship's Chinese master asked me what I was doing onboard and I told him that I had come to arrest the ship's fuel bunkers," said Withers.
The Master allegedly did not take too kindly to these new orders, seemingly preferring to stick to his original plans, "He told me he did not care about the arrest and that he was going to Argentina and that nothing was going to stop him."
As the vessel called "Meta", absconded - Withers had no choice but to climb down the side and leap to safety aboard a pursuing launch. Just before he left the ship, a crewman told him menacingly: "You are just one life and we are many." Withers said: "I thought it wise to get off the ship after that."
A frantic series of cellphone calls and radio messages followed, with the Port Control tower also ordering the ship back to the harbour, but the master steamed on past Robben Island and headed for the open sea.
Withers had reportedly experienced similar episodes before "That's why I took my passport and Visa card with me. Something told me there might be trouble - I didn't want to end up in a strange country with no ID or money."
Look forward to reading more tales of daring and stupidity, as you no doubt read news of more attempted arrests of the "Meta" over the coming months, as the arresting party, their P&I Club and South African lawyers are now working on formulating criminal charges against the Master and demise charterers of the vessel, as well as civil claims relating to the recovery of the costs incurred as a result of the flagrantly unlawful actions of the Master. You can run, but you can’t hide…
For a more in-depth review of these events visit http://ports.co.za/legalnews/article_2005_08_14_3228.html
Same old sewage, different day
Revised international regulations for the prevention of pollution of the sea by sewage from ships (revised MARPOL Annex IV, adopted by resolution MEPC.115(51)) entered into force on 1 August 2005.
The revised MARPOL Annex IV applies to new and existing ships of 400 gross tonnage and above, or ships which are certified to carry more than 15 persons, engaged in international voyages. Existing ships will be required to comply with the provisions by 27 September 2008 (five years after the entry into force of MARPOL Annex IV).
The Annex requires ships to be equipped with either a sewage treatment plant, a sewage comminuting and disinfecting system or a sewage-holding tank. The discharge of sewage into the sea will be prohibited at a distance of 12 nautical miles, or less, from the nearest land. Exceptions apply when the ship has an approved sewage treatment plant in operation or when discharging broken-up and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land.
The discharge of raw sewage into the sea can create a health hazard and, in coastal sea areas, can also lead to a depletion of oxygen in the water and visual pollution - a particular problem for countries with large tourist industries. It is assumed that the oceans are capable of assimilating and dealing with raw sewage through natural bacterial action and the regulations, therefore, prohibit the discharge of sewage by ships within a specified distance of the nearest land, unless they have an approved sewage treatment plant or system in operation.
Full details at www.imo.org
EVENTS/CONFERENCES
The ISF Manning and Training Conference 2005
The International Shipping Federation is holding its annual one-day Manning and Training Conference in London on Tuesday 13 September 2005 at the Institute of Electrical Engineers.
This event has become well-established and popular in the maritime industry and is aimed at personnel directors and senior managers from international ship operating companies, or anyone interested in maritime manpower issues. It is attended by about 240 people and viewed as a principal event for those involved in employing seafarers.
The keynote speaker this year is Mr David Cockroft, General Secretary of ITF. Other topics include the ILO consolidated convention, manning levels, setting up a training academy and more…
Full details can be found at:
or by contacting:
Mrs Shantel Ryan
ISF
12 Carthusian Street
London
EC1M 6EZ
Tel: +44 20 7417 2855
Fax: +44 20 7417 8877
Email: shantel.ryan@marisec.org
Bicycle races are coming your way
Oil your chain, stretch your lycra pants and lance your Chalfont’s, its full steam ahead for the Tour Pour La Mer, a two day 200km bike ride from Greenwich in London to Le Touquet in France to be held next May.
Tour Pour La Mer, set up by Mark Stokes of V.Ships, Tim Wilkins of Intertanko and Nick Brown of ABS Europe, aims to raise a minimum of £250,000 for two worthy charities; The Mission to Seafarers, and The Sea Alarm Foundation.
The ride, to be held on 12th-14th May 2006, will involve 300 riders from the maritime industry and other sectors on a 200 km tour starting from the Cutty Sark in historic Greenwich, via Dover, Calais and Le Touquet.
Riders are encouraged to submit their application forms as soon as possible in order to secure their places, as over 90 teams have already expressed an interest. Confirmed teams include CP Ships, Gulf Agency Company (GAC), P&O, Intertanko, TradeWinds, The Baltic Exchange, Marsh, OCIMF, Stephenson Harwood, V.Ships Leisure, V.Ships Marine Services, V.Investments, Clancey Vanguard Adjusting, Mills & Co, West of England P&I, Medway Ports and Merlin Communications.
All you need to participate is a decent enough bike that will make the 200km journey, the will to ‘put in the miles’, and the ability to raise £500 in sponsorship from friends, family, colleagues, companies, clients, suppliers and anyone else willing to support this worthy cause.
Further information at www.tourpourlamer.com
Or contact :
Mark Stokes
Group Marketing Manager
V.Holdings Ltd
T : +44 (0) 20 7332 8506 (direct)
F : +44 (0) 20 7329 2788
M : +44 (0) 7720 072 252
E : mark.stokes@vships.com
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