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Dear Readers,

Welcome to this the February 2006 edition of the Shiptalk newsletter.

Shiptalk.com……reading you loud and clear

SHIPTALKIMAGES.COM

This month’s featured image from www.shiptalkimages.com is supplied courtesy of Peter Newton and reminds us all of our everyday lives at sea.

ShiptalkImages.com provides media companies with a helpful image resource for the design and development of online and print media projects.

We are sure we can provide you with the image you have been looking for and if not why not drop us an image enquiry at enquiries@shiptalkimages.com and we will see what we can do for you.

MANAGEMENT

CORPORATE SOCIAL RESPONSIBILITY

What is Corporate Social Responsibility and What Does it Mean to Shipping?

Leading companies are beginning to measure and monitor key “extra-financial” areas — social, environmental, safety, security, corporate governance — as part of a formal Corporate Social Responsibility (CSR) strategy.

But does the shipping industry, with all its regulatory obligations need CSR reporting as well? Many leading companies believe that it does.

A formal CSR strategy and report provides customers, regulators, investors, and the activist community, with:

• Better Risk Management: a more comprehensive picture of your organisation’s efforts to monitor and control risk,
• Better Communication: A more effective means to communicate your company’s values and good works,
• Better Operational Performance: By measuring and reporting on these “extra-financial” issues, a company’s total operational performance is improved.

Join with global shipping leaders to debate and define the industry’s future approach to CSR. This two-day working conference will be an important industry-led event that moves the sustainable shipping discussion beyond high-level principles to real, agreed actions.

Who Should Attend? Leaders in shipping, ship management, shipping agencies and services, port authorities, insurers, investors, government, regulators, or NGOs who want to define the industry’s future approach to a unified CSR policy.

The event is to be held between March 14th - 15th, 2006 , at The Royal Aeronautical Society, in the heart of Mayfair , overlooking Hyde Park . The address is:

4, Hamilton Place ,
London
W1J 7BQ

For information contact:

Juliet Hall, Events Manager, ProActive Logistics
Telephone: 01483 549436
E-mail: events@proactivelogistics.com

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BOW MARINER…………TRAGIC MISMANAGEMENT

Many readers may recall the tragic loss of the chemical tanker "Bow Mariner", on board which 21 seafarers died in February 2004. A damning US Coast Guard (USCG) report has now been released which has revealed a vessel riven by management p rob lems, a poor onboard safety culture and systematic bullying of junior officers and crew.

The 1982 built, 39,821 dwt, vessel was carrying 3.1m gallons of ethyl alcohol, and a mixture of heavy and light fuel oils, when it was destroyed as two major explosions caused the vessel to suffer catastrophic structural damage and immediate flooding, and to sink within an hour and a half.

While the exact cause of the incident was not established, the USCG blames Capt Kavouras for ordering vapour-filled cargo tanks to be opened for cleaning while the ship was underway. The move amounted to “a stunningly significant breach of normal safe practices for a tank ship and defies explanation or excuse”, the USCG said. One possibility is that he was attempting to make up for being two days behind schedule, in response to commercial pressure.

The tanks had not been washed or mechanically ventilated, leaving a concentration of vapour well above the upper explosive limit. Opening the tank hatches permitted the vapours to reach deck level, where the crew was working, exposing them to toxic fumes and shrouding the vessel in flammable gas.

Another contributory factor was the failure by operator Ceres Hellenic and the senior officers to “properly implement the company’s and vessel’s safety, quality and environmental system”. In particular, safety training was scheduled and recorded in the minutes of a safety committee meeting, but not actually held.

Filipino junior officers and ratings said they were in fear of Greek senior officers, whose orders were “like words from God”. Survivors interviewed by the USCG claimed they would obey any order, even if they knew it to be unsafe. Filipino officers did not take their meals in the officers’ mess and were given almost no responsibility. Such attitudes also prevailed on sister ships, investigators found.

The tragic result of this was that when the explosions occurred, the Bow Mariner’s crew split on national lines, and in the ensuing confusion, no distress signal was sent. “Instead of an organised, thoughtful response, the situation deteriorated to ‘every man for himself’,” the reports stated, adding: “Capt Kavouras abandoned ship without sending a distress signal, or conducting a muster, and left behind crew members he knew to be alive. “Such conduct reflects his failure to conduct regular, realistic drills to prevent just such a reaction.”

Eighteen died as a direct result and a further three seafarers were rescued but later died from exposure. Six survived.

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SECURITY

THE COUNTDOWN HAS BEGUN ARE YOU SSAS COMPLIANT

Time and tide wait for no man… and July 1 st 2006 is nearly upon us. No more delays, it’s time to act and for all vessels and mobile offshore drilling units over 500GT to be fitted with a Ship Security Alert System.

Faced with such pressures you will be pleased to know that MarineTrack, the world's premier telematics company are here to help, with the products, service and support that you need i n order to comply with SOLAS.

To provide clients with the very best in tracking and security alerting systems, MarineTrack has developed SeaGuard, the most complete Ship Security Alert System available to the marine industry.

This discrete, self-contained unit regularly and accurately reports the position, course, and speed of your vessel. SeaGuard will, in the event of a security threat, instantly transmit detailed security alert messages to your nominated Company Security Officer/Ship Security Officer via SMS and Email.

SeaGuard features the proven, reliable and much respected SkyWave Inmarsat D+ satellite transceiver, and functions completely independently of your existing communications equipment. The addition of tamper-proof circuitry and battery backup ensures that SeaGuard provides maximum protection against piracy, theft, and terrorism.

SeaGuard is fully compliant with the requirements of SOLAS Chapter XI-2 Regulation 6, and with the IMO performance specifications MSC .147 (77) , and is UK Flag State approved.

MarineTrack do not just provide an answer to your problems today, we are looking to solve them long into the future…a future that will require vessels to comply with SOLAS Resolution 10 and Long Range Tracking.

SeaGuard is futureproof, and enables you to track the movement of your vessels on detailed sea charts and land maps, via any Internet-enabled computer.

You can:

• Group vessels into fleets
• Poll units for immediate position reports
• Configure security alert settings
• Create temporary users and assign access rights
• View or download your complete report history
• Quickly and easily access all data via a simple web interface

The SeaGuard system allows you to save and monitor voyage performance data, a perfect way to protect your interests in the event of any claims or disputes. It also allows access to “CharterTracker”, enabling charterers and clients to receive any data they require.

MarineTrack allow you to choose your service levels, and can tailor a bespoke system to fit your needs and budget.

To ensure ISPS compliance, to secure your vessel, crew and cargo and to gain access to real-time 24/7 fleet monitoring, there is only one company to turn to, and that is MarineTrack.

MarineTrack have long been at the forefront of research and technological development, allowing you to not only comply but also excel, today and long into future.

SeaGuard secures your vessel, and your business interests too.

Contact us for advice, a quote or to discuss the full range of MarineTrack services. We have the products you need …so trust us to ensure your best interests. We look forward to hearing from you.

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US NAVY CAPTURES PIRATES

According to The U.S. Navy a group of suspected pirates have been captured in the Indian Ocean , off the coast of Somalia.

The Navy's Fifth Fleet "captured a group of suspected pirates, approximately 85km off the central eastern coast of Somalia ," it said in a joint statement with the Fifth Fleet, based in Bahrain.

The Navy says a missile destroyer, the “USS Winston S. Churchill” (DDG 81), and other U.S. Naval forces in the area located the pirate ship Saturday (21 Jan) after receiving a report of a piracy attempt. After unsuccessful attempts to contact the ship, the destroyer began what the Navy called "aggressive manoeuvring" to stop the vessel.

On Saturday, the “Churchill” began questioning the "pirate vessel" over ship-to-ship radio and requested the crew leave the vessel and board the two small boats they had in tow.

"Following repeated and continuous attempts to establish communications with the vessel to no avail, “Churchill” began aggressive manoeuvring in an attempt to stop the vessel," the statement said.

After the ship continued on its course and speed, "Churchill fired warning shots. The vessel cut speed and went dead in the water."

“Churchill” then issued a warning via radio that it would begin taking further action to force the crew to respond and to leave the vessel.

It later "fired additional warning shots, and at that time the crew of the suspect pirate vessel established communications by radio and indicated that they would begin sending personnel to the navy fleet via their small boat in tow," it said.

The Master of the pirate vessel "started sending members of the crew to “Churchill”. US Navy sailors then boarded the suspect vessel and discovered small arms," the statement added, without making clear how many suspects were detained.

As readers of Shiptalk will be aware, pirates have carried out about numerous attacks off the Somali coast since last March. With the result that Somalia 's transitional government has signed a multi-million dollar deal with a U.S. maritime security firm, “Topcat”, to fight piracy.

This is the first major success in a war on piracy that has a long way to run…it does however demonstrate that a strong naval presence can both deter piracy and lead to the capture of pirates.

Let this be a lesson, not just to pirates, but to the governments of other areas afflicted with piracy – get the navy on patrol and fight the pirates with something they genuinely fear…not just talk, laws and “eyes in the sky”, no, tackling piracy takes a real and powerful force! It has been proven through history, and it has been proven again in the 21 st Century QED.

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DEATH AND DEBAUCHERY AT SEA

Cruise Ships have experienced 52 cases of people falling overboard in the past decade, according to a database compiled by Canadian professor, Ross Klein.

In an interview with The “Florida Today” newspaper Prof Klein revealed that 40 cases have been fatal, and that this figure was about twice as many cases as admitted by the industry.

Some of the losses have been high profile and seemingly nothing more than tragic accidents, such as the 15-year-old Irish girl who was reported to have fallen overboard from the “Costa Magica” in January, off Mexico .

While others are shrouded in mystery and accusations of foul play, such as the disappearance last year of honeymooner George Smith IV -- apparently “pushed” from a Royal Caribbean ship in the Mediterranean .

While many reach the pages of newspapers, there have been dozens of lesser-known incidents, such as the cases of the 23-year-old man who jumped off the “Sovereign of the Sea’s in 2001 after losing $9,000 in the ship's casino, and of Annette Mizener, a 37-year-old, who disappeared while on vacation with her family aboard the “Carnival Pride” off California in December 2004.

Now it seems that pressure is building on the cruise industry to do more to prevent such losses, but also to make then more accountable when they occur.

Analysis of the data also found:

• Suicide, suspected suicide or attempted suicide was the leading known motive to jump overboard, accounting for 18 cases.
• In 20 cases, the cause or motive remains unknown.
• There were just two accidental deaths, including a 19-year-old man who slipped and fell into Tampa Bay while climbing on balcony railing.
• There was just one proven murder: A former mental patient threw a 69-year-old New Mexico woman overboard during a cruise off Norway in 2001.
• About 60% of incidents occurred during cruises to the Caribbean and Bahamas ,
• Men lost overboard outnumber women, 2-to-1.

The investigations into these disappearances, have uncovered a hazy tale of shipboard debauchery, and shone a spotlight on “cruising crime”, with reports of murder, gambling, drunkenness and even rape. The FBI has investigated 305 criminal cases involving events onboard cruise ships in the past five years.

Shiptalk agrees with the assertions of the industry that statistically, such incidents are rare, given that more than 8 million passengers vacation aboard cruise ships each year, we also recognise that such statistics are little comfort to families who have lost loved ones.

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MASTER OR MURDERER?

Four crewmembers of a Bahamas registered ship, the "MV African Kalahari", are due to appear before a Durban court in South Africa over the alleged murder of stowaways. They will also be charged with attempted murder.

Seven stowaways were understood to have been onboard the vessel, and then they were “thrown overboard” by the sailors as the vessel approached Durban , according to the Seafarers Assistance Programme, Kenya . Two Kenyans were confirmed dead after the incident.

According to media reports in South Africa , the sailors, who include the ship’s Master, are in police custody. They face two counts of murder and five counts of attempted murder.

The Master is further charged with aiding the transit of illegal immigrants. Reports in the South African media show that the stowaways boarded the ship at the Port of Mombasa last December. The ship was offloading fertiliser at berth number 10.

The sailors will remain in custody for the duration of their trial. They have been directed to surrender their passports and other documents and report daily to the Maydon Wharf Police Station in Durban.

There is, of course many legitimate responses that the Master is legally bound to perform, and the human rights and welfare of the stowaways should be observed. It is worrying to note that there are increasing instances of crew making tragically misguided decisions and forcing stowaways to “jump and swim”. This is often to avoid delays, fines and other potential control measures against the vessel.

It is thought that many Masters fear that their vessel may be deemed to be non-compliant with the ISPS Code if stowaways are found on board. While it is true that there are difficulties associated with dealing with stowaways, nothing compares to being charged with murder! Shiptalk urge any Master facing a stowaway incident to do the right thing!

Report it, and gain all the assistance that the owner and your P&I Club can give. Making stowaways jump to freedom is not the answer, as such cruel and stupid actions can lead to serious criminal charges.

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HEALTH, WELFARE AND SAFETY

SEAFARERS AND AIDS

Time was when seafarers returned from sea with nothing more than some tall tales, a new stereo system and a giant bar of Toblerone…now sadly all that has changed and sometimes the wives of returning seafarers are left with a terrible legacy of their partners’ time away from home.

The p rob lem has been the focus of intense media pressure in the Philippines , and a national newspaper there, the Philippines Journal has been running a series of reports on the "festering social wound" that is the spread of AIDS borne by overseas workers returning to Philippines.

Uppermost in this survey have been the number of seafarers affected by the disease. The country's HIV/AIDS registry showed that from 1984 to 2005, there were 2,333 cases of HIV/AIDS, of these cases, 802 involved overseas workers; 280 seafarers, 128 domestic helpers, 69 employees, 61 entertainers, and 56 health workers.

The p rob lem is causing immense concern, and has led to the establishment of a number of pressure groups to actively educate both male and females as to the risks of infection, and also the means of reducing the risks.

One such organisation is “Babae+”, and is composed the wives of seafarers, former domestic overseas workers, and ex-commercial sex workers.

Carol, 38, an ex-domestic helper whose husband and young daughter died of AIDS, serves as head of Babae+'s committee on advocacy.  She has long held the belief that there are an increasing number of seafarers' wives who become afflicted with AIDS.

She also observed that some wives of seafarers deny the fact that their husbands play around, and those who are aware of it would not dare discuss the matter with their partners.

In trying to look to the future and ways of reducing these risks she stressed the importance of seafarers attending a Pre-Departure Orientation Seminar (PDOS) that includes lectures on HIV/AIDS prevention. She conceded that at present only a handful of seafarers who leave for their assignments abroad daily had heard of the scheme.

Education on the means of avoiding AIDS and other sexually transmitted diseases is available on many vessels, and many companies do supply condoms, posters and literature on the subject, but as with so many measures if seafarers choose to ignore the advice then it counts for nothing.

Seafarers need to think of the consequences of their actions – not just for themselves, but for their families too.

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CHIRP – YOU ARE THE “LIVEWARE”

Welcome to the first CHIRP contribution to Shiptalk in 2006. In the last column we discussed the importance of human factors incidents reporting if operational safety performance is to be improved and why individuals may be reluctant to submit such reports. We also mentioned that one of the reasons such incidents may be underreported is a general lack of awareness as to what human factors are in the first place. In this column I intend to briefly explain one of the aspects of interest and use subsequent columns to explore others.

So, where do we start? How about with you? After all many investigations never go far beyond you; you pushed the wrong button, you did not follow the procedure, you made a mistake, etc. Sound familiar? There is a certain neatness about blaming the end user or operator; it allows a tidy line to be drawn under an incident and avoids more difficult questions being asked, so perhaps we should not be too surprised when this happens. In addition, crew negligence can be positively desirable in certain types of claims, so why dig deeper?

The simple answer is that without digging deeper we risk focussing on the wrong issues and coming up with the wrong solutions and this ultimately benefits no-one; certainly not the seafarers nor the industry in general.

In the human factors model used as the basis for this column you are the “Liveware” and the things we want to know about you in relation to an incident are whether your physical characteristics played a part e.g. your height, weight, strength, age and aspects such as hearing, vision, etc. We’d also be interested to learn about your physiology including illness, incapacitation, general well-being, stress and fatigue. For example do you work on a ship like this (taken from the CHIRP database)?

“…..here I would like to highlight the fatigue and stress levels the ship’s personnel are faced with due to the trade pattern of the vessel, on top of coping with ISM, ISPS, PMS (Planned Maintenance System), Bunkering, Canal Transits, long Stand-by’s during in-land water ways, along with other navigational or engine room duties with the level of minimum manning onboard….”

Psychological issues are also of interest, such as anything which involves thinking or acting including learning, planning, skill, judgement, memory, personality, attitudes, etc. For example, have you encountered this (taken from the CHIRP database)?

“The incident I have been most shocked by is the bullying by some officers on other crew. I had sailed with a certain Asian 2nd Officer previously …. The Chief Officer was European and certainly had a chip on his shoulder against what seemed like the whole world…. The Chief Officer verbally abused the 2nd Officer both privately and publicly - usually over VHF whilst the 2nd Officer was working hard. All the crew would cringe and wince as the foul mouthed insults would fly towards the poor 2nd mate.”

What is the likely impact of this treatment on the individuals involved, will they function correctly in an incident and could steps be taken beforehand to address the issues?

Workload management may also be relevant with issues such a prioritisation and task scheduling i.e. doing the right things at the right time.

Finally we need to look at your experience, qualifications and knowledge. Were you the right person for the task or were you given something to do, or electing to do, something you were not really qualified for?

You will see there is a little more to this than “You did it!” and in the next column we’ll start looking at how you, the “Liveware” interface with your environment and what indicators might be worth looking out for.

Safe sailing,

Mike Powell

Director (Maritime) CHIRP

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150 YEARS OLD…STILL GOING STRONG

The Mission to Seafarers, the society of the Anglican Church is a charitable organisation that operates worldwide, caring for the welfare of seafarers of all nationalities and faiths. The mission’s work is large and small — from providing relatively minor comforts like the ability to send a message home, to championing seafarers’ needs when their lives are shattered by the actions of unscrupulous operators.

Working through a network of full-time and part-time chaplains, mission staff and volunteers are active in 230 ports. They visit seafarers on board their ships and welcome them to mission centres, which offer a place of security away from the ship. The mission also gives seafarers support in times of crisis such as bereavement or in cases of injustice.

Last year the Mission to Seafarers:

• Made 71,400 ship visits;
• Welcomed 602,000 seafarers to its centres;
• Visited 900 seafarers in hospital.
• It also helped in 550 welfare cases and 540 justice cases involving some 3,500 seafarers.

  The mission runs centres in over 100 ports, either solely or in partnership with other societies such as the Apostleship of the Sea and the British & International Sailors’ Society. As well as offering email and internet facilities that are in constant use, the centres enable seafarers to make thousands of international telephone calls to loved ones each year.

2006 sees the 150th year of this devotion for seafarers, its flying angel banner a symbol of care and refuge that seafarers have learned to trust. Over the past 150 years the mission has expanded steadily, first across the UK and then to ports around the globe. Today it is a far-reaching organisation that relies on charitable donations and legacies from supporters of its work.

Its task today remains the same as it was 150 years ago — to be a source of help, strength and hope to all seafarers and their families. Helping people of many different cultures and faiths requires a specialised and understanding approach. The mission is moving to provide more emphasis on equipping chaplains, staff and volunteers with the necessary advocacy, legal and personal skills to work more effectively in dealing with justice issues and in understanding the subtleties of cultural and faith backgrounds.

New communications technology is also developing quickly which is increasingly a source of comfort to seafarers who are longing to be in touch with their families. Mission centres in ports around the world allow seafarers to relax away from the ship and to use Internet and telephone facilities to stay in touch with their loved ones.

Recent installation of broadband and webcams in some centres has allowed seafarers to catch sight of their families, thousands of miles away.

The criminalisation of seafarers is also an increasing concern. Unilateral moves by individual states to unfairly blame, persecute and imprison seafarers for accidents they are not responsible for is a worrying trend. Seafarers have been convenient scapegoats for states looking to pin the blame for accidents and pollution. The mission continues to fight in the seafarers’ corner in such cases.

So 150 years on from its foundation, the mission is still needed by seafarers. To appreciate how much, you just have to think about the likely fates of the stranded and abused seafarers all over the world, if the mission wasn’t there to help them.

Shiptalk recognises and supports the vitally important role that the Mission , and its dedicated and committed chaplains, staff and volunteers play in easing the life and often the pain suffered by seafarers. It is sad that there is still a need in the 21st Century for this support, but for as long as seafarers need care, attention and help then the Mission to Seafarers will be there to provide it.

Happy 150th Birthday, and thanks so much for everything! Visit www.missiontoseafarers.org and see what the Mission to Seafarers plans for the future.

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LEGAL

KEEP YOUR MOUTH WIDE SHUT!

News reaches Shiptalk from the United States of yet another Chief Engineer being punished for “crimes against the environment”.

In this instance the Chief Engineer of the "M/V Magellan Phoenix", has been sentenced to imprisonment for one year and a day, with an additional three years of p rob ation, for falsifying records that attempted to conceal repeated overboard discharges of oil waste from the ship.

The Chief Engineer pleaded guilty to violating the “Act to Prevent Pollution from Ships”, based on his role in discharging oil sludge and oil-contaminated bilge waste directly into the ocean from the vessel and then falsifying the ship’s records to cover up the discharges.

The government’s investigation began in March 2005 after the USCG discovered evidence of the discharges and false records during an inspection of the "M/V Magellan Phoenix".

In the course of their inspection, the USCG learned that the vessel had routinely discharged oil sludge and oil-contaminated bilge water directly overboard into the ocean without using the ship’s oil water separator, and without recording these discharges as required in the ship’s oil record book.

While there are obvious violations of the law continually taking place, the Steamship P&I Club, in their quarterly newsletter “Sea venture” have joined Shiptalk in voicing their anger at the human cost of the crackdown on seafarers for the slightest hint of pollution offences.

Officials should apply a much more humane approach when chasing suspected violations, they urge. “Over-zealous” inquiries by USCG investigators have led to innocent foreign seafarers being arrested as “material witnesses”, taken off their vessel in shackles and thrown into jail until they are released by a judge, says the newsletter .

On the Steamship website, George Chalos, of Fowler, Rodriguez & Chalos — a firm which has advised both owners and crew involved in suspected MARPOL violations — refers to a rash of vessel and crew detentions, with US and international authorities seeking jail sentences for Masters, Chief Engineers and others found guilty of pollution offences.

“Even in matters where it is quickly acknowledged by the US authorities that the suspected criminal conduct did not take place, the stress, strain and pressure on the vessel’s officers and crew is intense and immeasurable,” says Mr Chalos.

He emphasises that all seafarers and shoreside personnel must know their rights under US law. Every person has the right to representation by a lawyer, he says. And if the authorities undertake any onboard investigation that goes beyond the scope of the ordinary port State control inspection, the owner and/or the P&I club should be contacted immediately.

All individual crew-members should invoke their Fifth Amendment privilege against self-incrimination until competent counsel is engaged and present, says Mr Chalos.

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THE BLAME GAME

You can tell when something bad is happening to shipping when the news leaps from not just Shiptalk and Lloyd's List, but when the mainstream papers pick up on a story.

This is now happening with regards to the criminalisation of seafarers and the European Union’s directive on criminal sanctions for ship-source pollution, as papers such as The Times begin to recognise the huge anxiety among seafarers, with senior officers and Masters seeking early retirement and graduates of maritime colleges fretting about their choice of career.

Lest we forget, the directive, which came into effect in September, criminalises polluters at sea. Despite the fact that we already have MARPOL, which creates liability for intentional or reckless pollution this EU directive goes much further, as a Master can be prosecuted and jailed for making a mistake.

The new law, which must be implemented in each EU member state by March 2007, has invented a state of criminal mind called “serious negligence”, a grey area between negligence (which never carries a criminal sanction) and recklessness.

The Times takes up the plight of shipowners "unwilling to become guinea pigs in a European criminal science laboratory, where lawyers will attempt to split ever more slender strands of carelessness", as a coalition of shipping organisations is challenging the new law. Intertanko, an organisation of tanker owners, is joined by Intercargo, which represents shippers of bulk dry cargoes, the Greek Shipping Co-operation Committee, Lloyd’s Register and the International Salvage Union in seeking judicial review of the law in the European Court of Justice.

The core of the legal challenge is that the EU’s duty to comply with MARPOL conflicts with the directive. However, the wider concern is that the new law opens the door to vindictive prosecutions, not just of owners but also of ships’ officers, crews and, nonsensically, salvage companies. What is the incentive to rescue a stricken vessel if the company risks criminal prosecution when its actions accidentally contribute to a pollution incident? The shipping community is in part to blame for the tide of opp rob rium washing over it. The industry’s complexity, involving layers of responsibility between owners, managers, charterers and cargo owners, is impenetrable to outsiders and creates an aura of secrecy, reinforced by the behaviour of some unscrupulous shipowners.

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STATEN ISLAND FERRY SENTANCE

The New York Daily News has reported that the pilot of the Staten Island ferry disaster has been sentenced to 18 months in prison for killing 11 people in one of the deadliest maritime accidents in New York ’s history.

Appearing before many relatives of the dead, former Capt. Richard Smith made no excuses and asked for no leniency. "I was at the wheel. I am responsible. I failed in my responsibilities to my ferry passengers and I stand ready to accept the consequences," Smith told Brooklyn Federal Judge Edward Korman.

Smith, who was exhausted and secretly on a combination of prescription drugs when he fainted at the helm of the "Andrew J. Barberi" on Oct. 15, 2003, had pleaded guilty to 11 counts of manslaughter.

Federal sentencing guidelines called for Smith to receive 12 to 18 months - hardly enough in the minds of many of the victims' relatives who pleaded with the judge to impose a stiffer sentence.

Prosecutors contended that Smith's actions were reckless but that the captain was merely negligent - a distinction that reduced Smith's possible prison time in half.

The judge also gave the city's former ferry director, Patrick Ryan, one year and a day in prison for failing to enforce the city Department of Transportation's two-pilot rule, which might have prevented a crash.

The sentences were still considerably more than the three months for Smith and six months for Ryan that was recently recommended by a top p rob ation official. But the judge noted that heavy prison sentences are not called for in cases involving negligence. "These people did not intend to kill," Korman said.

The sentencing was the climax of months of legal wrangling among the judge, prosecutors and defence lawyers - revealing how the Staten Island ferry was plagued by nepotism, poor supervision and mismanagement at the highest levels of the DOT.

Reading from a typed statement, Smith said he wanted to explain the events leading up to the crash in the hope that "the more you know the better you might be able to continue healing."

Smith, 57, was plagued by a nagging backache and was tired because of a lack of sleep from baby-sitting his infant grandson when he arrived for work that fateful day. "My decision to work through the pain and exhaustion set this whole nightmare into motion," he said. "My responsibility to my passengers should have told me to go home."

It remains a mystery why Smith blacked out - the judge ruled prosecutors failed to prove it was linked to the medication he was taking. After the horrific crash, Smith saw the carnage and "I felt I could not live with myself.", and he went on to state that he tried to take his life on numerous occasions in the aftermath of the tragedy.

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REALITY BITES

CAPTAIN BLIGH CAST ADRIFT

The UK Maritime and Coastguard Agency (MCA) Chief Executive, Stephen Bligh has quit his job, and according to a report by Lloyd's List, has launched a stinging counter-attack against his many critics.

It is understood that pressure had been building within the MCA for sometime and that as a result Captain Bligh’s tenure had become doomed. The first, and most basic lesson of seamanship is of course…”Don’t Rock the boat”, if only Captain Bligh had heeded this most basic of maritime philosophies.

As he departed he sounded a withering broadside in the form of a “farewell letter”. The letter began, as is the tradition, by praising staff for their efforts, but then went on to attack an “element of discontent” which has taken a grip within the organisation.

This "element" within the MCA was accused of lacking an appetite for change, an appetite that Bligh believed as necessary for the future success of the agency.

He went on to speak of his “frustration” at the level of “in-depth scrutiny to which the agency has been subjected”, which he saw as a barrier to progress.

Trouble is understood to have been brewing in the agency for a number of years, since plans emerged to close some coastguard stations and merge others. Controversial moves that coincided with the decision of the UK Government to scrutinise more closely the role and results of the organisation.

The Public and Commercial Services Union, which represents three quarters of the agency’s staff, told MPs that understaffing was lowering the standard of service. The union conducted a ballot of members that showed that a majority no longer had any confidence in Captain Bligh.

His departure was inevitable according to many observers, as the whole organisation was rent asunder by the sniping against him by opponents both inside and outside.

This has left John Astbury, currently Chief Coastguard, to take over the job on a caretaker basis from February 1, leaving agency insiders uncertain as to what happens next.

The MCA was born of the 1998 amalgamation of the old coastguard service and the former Marine Safety Agency, though the tensions between the two sides are said to be obvious and apparent even now.

Many originally foresaw Astbury as the natural successor to this lead role, even before Captain Bligh was brought in as an external candidate, and that it is this “snub” that has fostered such a negative working environment within the organisation.

It appears that whoever takes over will inherit a government agency at loggerheads internally, and one which is being faced with high levels of criticism externally.

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LIBERIA AND THE MISSING MILLIONS

There are of course many reasons for a sovereign State to actively pursue the dreams of having vessel’s fly their flag – there is prestige, security and the means to trade on a global stage…however for some nations it is about one factor alone, and that is money…lots of it!

That leads us nicely to look at the recent debate raging over a reported “hole” in the accounts of Liberia 's Bureau of Maritime Affairs. A local newspaper in Monrovia has reported that there is apparently US$ 1.8 million missing from the books, and a scandal has followed which has left some government officials struggling to explain what happened.

With such a large sum “missing” the Finance Minister Lusinee Kamara and acting Maritime Commissioner, Cllr. Lloyd Kennedy are pointing at each other for receiving and depositing the money into government coffers. It is alleged that Transitional Chairman Gyude Bryant sent the two officials to London to collect the 1.8 Million dollar cheque from a satellite company as a dividend for the bureau.

The paper, in its investigation, quoted suspended Maritime commissioner J.D. Slanger as saying the money was deposited into government's account, but was later withdrawn by the two officials, Lusinee Kamara and Lloyd Kennedy upon orders of the transitional chairman.

Acting commissioner Kennedy claimed he received the cheque and turned it over to the finance minister. The minister acknowledged receiving the cheque, but said he deposited it into the central bank.

All very strange, but we feel sure the money is somewhere nice, and that I’ll turn up soon…perhaps it’s just “resting in someone’s account”?

Shiptalk recognises the freedoms and responsibilities given to all States through the UN Convention on the Law of the Sea, but surely it is such widespread corruption and use of “flags” as pure cash cows that must lead to the standards within the maritime administrations suffering.

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REAL LIFE TV DRAMA

A faulty household TV receiver, known as a "digi-box", sparked an RAF rescue mission this month, by sending out a signal identical to those transmitted by vessels in distress.

The RAF Kinloss site in Scotland which co-ordinates rescue operations across the UK , detected an " SOS " call from the Portsmouth area on 5 January. A coastguard helicopter spent two hours searching the harbour area before the signal was traced to dry land.

An RAF spokesman said the signal had been a "complete freak", and added that the Aeronautical Rescue Co-ordination Centre at the airbase had picked up the beacon from one of five orbiting satellites.  He said it was transmitting on the major emergency frequency. "We traced it to Portsmouth Harbour , checked and found out there were no vessels in the area or missing planes."

The rescue centre then contacted the UK Telecom regulator "Ofcom", which was able to establish it was coming from a household. It should be noted that Digital boxes should not be sending out any signals, let alone maydays

An Ofcom spokesman added: "This is very, very unusual, it's a complete freak and the odds of a digi-box sending out such a signal must be astronomical. "The guy who owns it really should do the lottery because the chances of sending out a signal from a digi-box and sending out precisely and exactly on a major emergency channel are far more than 14 million to one."

Ofcom has since removed the digi-box for tests. "This is a real one-off as digital boxes only receive signals. "The householder was happy to hand it over to our engineers who are trying to get to the bottom of the defect."

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DEATH AND MARRIAGE

The River Thames in London was treated to a rare sight this week, as a young whale visited town. It was the first such visit since 1913.

The 18ft (5m) northern bottle-nosed whale, named (depending on your choice of tabloid newspaper) as Willy, Wally or Celebrity Big Blubber, was first spotted in the river on Friday (20 th Jan) and managed to reach as far upstream as the Houses of Parliament and Chelsea.

Alas a rescue operation came too late to save the young whale, as he attempted vainly to fight his way through the chocolate coloured waters of the Thames , and he eventually died as he was being transported back to the sea.

In his brief foray up the river he became a focal point of much activity, and media attention and it is hoped that his visit may raise the profile and plight of whales across the world.

Despite Shiptalk’s sadness at the loss of this cockney cetacean, it’s not been all sad news in the world of aquatic mammals this month…as apart from a funeral, there was also a wedding…

British tourist Sharon Tendler has finally made her dream match - by "marrying" a dolphin she has been visiting for 15 years in the Israeli resort of Eilat, the local  Yediot Ahronot daily reported.

Tendler, 41, has been visiting the city on the Gulf of Aqaba two or three times a year to spend time with her 35-year-old underwater sweetheart.

"The peace and tranquillity under water, and his love, would calm me down," the paper quoted her as saying…hmm.

Anyway, Tendler finally plucked up the courage to ask the dolphin's trainer for the mammal's fin in marriage. The wedding took place with the bride, wearing a white dress and watched by amazed spectators, walking down the dock to where the groom was waiting in the water, dressed in a less traditional sleek grey suit.

She kissed him to the cheers of the spectators and then, after the ceremony was sealed with some mac kerels, the bride was tossed into the water so she could swim away with her new husband.

"I'm the happiest girl on earth," the bride was quoted as saying. "I made a dream come true. She quickly added, “I am not a pervert”, so as to put many Shiptalk readers’ mucky minds at rest.

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