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Tokyo MOU inspections find problems with cargo hatch openings

Three-month campaign detains 346 vessels.

Concerns have been raised by the Tokyo Memorandum of Understanding secretariat after a port state inspection campaign revealed a large number of vessel deficiencies relating to cargo hatch openings.

Members of the Tokyo MoU and other inspection regimes agreed a three-month concentrated inspection campaign in 2011 to focus on structural safety and compliance with the international convention on load lines.

The 18 member authorities carried out 7,534 inspections between September 1 and November 30 last year, including 5,901 campaign inspections focusing on structural safety. They found 2,929 topic-related deficiencies.

Of 346 vessels detained during the period, 83 were held over faults with structural safety.

The Tokyo MoU secretariat said the highest number of inspections were on Panama-flagged vessels, which saw 1,900 inspections, or 32.2% of the total. Hong Kong-flagged vessels received 468 inspections, or 7.9% of the total.

However, Cambodian flag vessels were the worst offenders: 23 were detained, representing 27.7% of the total. 21 Panama-flagged vessels were detained, representing 25.3%. Seven vessels were arrested that were registered to Sierra Leone and to Vietnam.

By ship type, bulk carriers attracted the highest number of inspections, most focusing on structural safety, followed by general cargo vessels and then container ships. The most significant deficiencies found during the campaign related to the protection of openings such as ventilation, air pipes and casings, followed by hatchways and doors.

The Tokyo MoU said there was reason to be concerned about the large number of recorded deficiencies relating to cargo-hatch openings and reported one casualty during the campaign period.

It suggested the deficiencies could be due to poor ship design, improper cargo operations or inadequate maintenance and repair of hatch openings.

The results will be analysed further and the results presented to the next meeting of the sub-committee on flag-state implementation at the International Maritime Organization.

Ship Owners Fined for Overloading

At a hearing yesterday at Southampton Magistrates Court the German owners of the Antigua and Barbuda registered cargo vessel Katja pleaded guilty to the overloading of their vessel which had arrived in Liverpool laden with rock salt from the St. Lawrence Seaway, Canada in November 2010.
The vessel was loaded to its marks with rock salt and sailed from Goderich to arrive at the Manchester Ship Canal on the 23rd November 2010. Rock salt was in high demand to treat UK highways at this time.
As the vessel entered the River Mersey, the pilot on another passing vessel noticed that the Plimsoll Line and load lines were not visible and the vessel appeared very low in the water. When the vessel arrived in the Queen Elizabeth II Dock it was inspected by MCA Port State Control Officers who found that the load line that marks the safety limit of the vessel was submerged by 39.5 cm.
Katja Schiffahrtsges Gmbh of Haren, Ems, Germany, owner of the ship Katja, was fined £28015 plus costs of £5000 awarded to the MCA.
In summing up the Magistrates stated We share the Maritime and Coastguard Agencys view of the seriousness of the case, however accept that the overloading was not for gain. We have also considered the early plea of guilty and have reduced the fine of £42000 accordingly.
Simon Milne, from the Maritime and Coastguard Agency said:
Since the good work of Samuel Plimsoll, the application and enforcement of load line marks have prevented the loss of many vessels and have saved the lives of many seafarers.
To ignore the limits and disregard the load line marks only places the vessel and lives of the crew at risk.
A photograph of the Katja is available here: https://mcanet.mcga.gov.uk/press/Press-release-images/Katja_Ellesmere
Posted By: Joanne Groenenberg

For further details contact:
The Maritime & Coastguard Agency Press Office
023 8032 9401

Environmental Pollution Fines in Turkey

The West of England P&I Club continues to encounter instances of vessels being fined in Turkish waters for pollution by substances other than oil. Section 8 of the Turkish Environmental Code 1983 states (in part) that:
"It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in a way directly or indirectly in contradiction with the standards and methods specified in the pertinent regulations, or to engage in similar activities".
This provision is widely interpreted and rigorously enforced, to the extent that vessels have even been fined for pumping out clean ballast water. Ships at anchor off Istanbul are monitored particularly closely.
Fines are imposed in accordance with a published tariff, which is revised annually. The amount of the fine is determined by the size of the vessel and the type of pollutant, rather than the quantity of pollutant. In almost all cases the fine must be paid in cash. The amount may be reduced by 25% if either settled immediately, prior to the vessel sailing or within a maximum of 30 days. In exceptional circumstances the authorities may accept bankers' drafts or financial guarantees, but this is unusual. The current exchange rate is approximately 1.85 Turkish Lira (TRY) to the USD.
Source: The West of England P&I Club

Environmental Pollution Fines in Turkey

The West of England P&I Club continues to encounter instances of vessels being fined in Turkish waters for pollution by substances other than oil. Section 8 of the Turkish Environmental Code 1983 states (in part) that:
"It is prohibited, to introduce into, store in, transport to or remove from the receptor area any discharge or waste in such a way as to inflict damage on the environment or in a way directly or indirectly in contradiction with the standards and methods specified in the pertinent regulations, or to engage in similar activities".
This provision is widely interpreted and rigorously enforced, to the extent that vessels have even been fined for pumping out clean ballast water. Ships at anchor off Istanbul are monitored particularly closely.
Fines are imposed in accordance with a published tariff, which is revised annually. The amount of the fine is determined by the size of the vessel and the type of pollutant, rather than the quantity of pollutant. In almost all cases the fine must be paid in cash. The amount may be reduced by 25% if either settled immediately, prior to the vessel sailing or within a maximum of 30 days. In exceptional circumstances the authorities may accept bankers' drafts or financial guarantees, but this is unusual. The current exchange rate is approximately 1.85 Turkish Lira (TRY) to the USD.
Source: The West of England P&I Club

USA ship owner and officers plead guilty

The Department of Justice (DOJ) issued a news release stating that the Korean company that owns the M/V Keoje Tiger and two engineering officers from the ship pleaded guilty on federal court to various environmental crimes. The company pleaded guilty to dumping oily bilge waste in Hawaii waters; falsifying the vessel’s oil record book; and obstruction of justice. The company was sentenced to pay a $1.15 million criminal penalty. The two engineering officers pleaded guilty to falsifying the oil record book. They were each sentenced to three years’ probation, during which time they are banned from entering the United States.

Sudanese Port detentions

Member alert

Published 15.01.2012

We have been advised that due to a long standing dispute between the Governments of Sudan and South Sudan regarding the distribution of oil revenues, the Sudanese authorities are now preventing vessels scheduled to load South Sudanese oil cargoes at Sudanese ports from loading their cargoes and/or sailing once the cargo has been loaded.  

It is unclear when this dispute shall be resolved, and correspondents advise that vessels can expect lengthy departure delays, possibly until such time as when the matter is settled between the two countries. Operators planning to load oil, or to send vessels to load oil, in Sudan should investigate their position carefully for planning purposes as there appears to be an increased risk of substantial delay Source: SKULD

USA Foreign fishing company indicted

The Department of Justice (DOJ) issued a news release stating that a foreign fishing company has been indicted for violating the Act to Prevent Pollution from Ships (APPS) and obstruction of justice. It is alleged that a fishing vessel operated by the company routinely discharged oily waste directly into ocean waters, failed to maintain an accurate oil record book, presented false documents to the US Coast Guard when boarded in American Samoa, and deceived the Coast Guard during an inspection. The indictment seeks more than $24 million in criminal forfeitures from the defendant.

UK Tanker owners fined for palm oil discharge

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that owners of a foreign tanker were fined £95,000 for improper discharge of palm oil in the Solent. Yellow waxy balls of palm oil washed ashore in the vicinity on 10 and 11 January 2011. Examination of the tanker revealed that it had been in the area, had carried a cargo of palm oil, and was engaged in tank cleaning at the time the yellow waxy balls were discovered in the water. Further, small yellow waxy balls were recovered from the deck of the tanker during an MCA boarding.

Australia Increased penalties for pollution offenses

The Australian Maritime Safety Authority (AMSA) issued a notice advising that penalties have been increased for pollution offenses. For example, the maximum penalties for strict liability offenses for illegal discharge of oil, oil residues, or oily mixtures have been increased from 500 to 20,000 penalty units (currently $2.2 million for an individual; $11 million for a corporation). Marine Notice 19/2011 (12/21/11). Note: A potential penalty of $2.2 million, even in Australian dollars, is mind-boggling for a strict liability event.

Recent development of PSC Inspection related to ISM Code

PSC Inspections are becoming increasingly activated every year around the world, especially in 2011 PSC Inspections have been increased in China and India.
Furthermore, there is a trend to point out some software assessment problems such as operation of ship and management of seafarers, in addition to the deficiencies of hardware side such as hull, equipment and machinery.
You are kindly requested to call attention to following recent major items pointed out at PSC Inspections related to ISM Code.
1. Insufficient preparation of Voyage Planning
With regard to voyage planning to ensure that the intended voyage has been planned prior to proceeding to sea using the appropriate nautical charts and nautical publications, following deficiencies are pointed out.
(1) Deficiencies on nautical chart or insufficient up-to-date of chart
[Example]
Non-availability of largest scale chart of the intended area
Use of a chart which is to be destroyed
Use of a chart which is not up-to-date
(2) Non-observance of requirements for Special Areas, MARPOL Annex VI, or Particularly Sensitive Sea Area: PSSA.
Specially, please refer to the Circular issued by AMSA as some breaches are reported on navigation in the vicinity of the Great Barrier Reef.
Particularly Sensitive Sea Areas
http://www.amsa.gov.au/Publications/Fact_sheets/PSA_fact.pdf
Important Changes to REEFVTS
http://www.amsa.gov.au/Publications/Fact_sheets/REEFVTS.pdf
(3) Operation Procedure for Electronic Chart Display and Information System (ECDIS)
[Example]
Non-availability of electronic chart of the intended shipping route
No use of the latest approved electronic chart (International Hydrographic Organization IHO Standard)
If an officer of the watch does not know for using of the ECDIS properly even though an additionally equipped it may be pointed out as a deficiency

USCG Conditions of entry re Republic of Congo removed

The US Coast Guard issued a Port Security Advisory stating that it has determined that the Republic of Congo is now maintaining effective anti-terrorism measures in its ports. Therefore, the conditions of entry previously required of vessels arriving in the United States after having made calls in the Republic of Congo no longer apply. The Advisory includes an updated list of countries affected by the conditions of entry requirement.

Russian ship detained in Yemeni territorial waters

The Yemeni coastguard detained on Tuesday vessels from Russia and Mongolia in Yemeni territorial waters in the Red Sea, the Elaph online portal said, quoting a coastguard spokesman.

Fishermen had reported that two "suspicious" vessels had entered Yemeni territorial waters, spokesman Abdullah Mohammed Jalil told journalists.

A total of 27 crew members belonging to "various European nations," were on board the ships, he said, adding that "19 weapons of various kinds" were found on board the Russian vessel.

Both vessels were reported to have been convoyed to a port in the western Hodeidah province.

A spokesman for the Russian embassy in Yemen told RIA Novosti the report was being investigated.

"There have been no official reports from the Yemeni side... about the detention of Russian citizens, as well as those from the Commonwealth of Independent States (CIS) countries," he said.

"It is unlikely that those [detained] may be Russian or CIS nationals," he said. "We don't have any information confirming this."

USCG collars six

A Transgas ethylene/LPG carrier and a containership controlled by Japan’s NYK Line were among six vessels detained by US port inspectors during the month of September, according to a report issued by the US Coast Guard.

The 7,285-cbm Santa Clara (built 1985) was held in Houston, Texas while on charter with Carib LPG Trading for infractions related to the stowage of lifeboats, of which one was not ready for immediate use due to an inoperable davit arm that prevented proper launch.

The most serious citation, however, was related to instrumentation, officials say.

“Crew of vessel unable to demonstrate the proper operation of the fixed gas detection equipment installed onboard,” investigators wrote. “The [port state control officer] PSCO discovered that improper connections prevented the supply of the onboard span gas to the gas detection equipment for testing.”

Further north, NYK Line’s 1,613-teu Ikoma (ex-CSAV Singapore, built 1997) was hauled in outside San Pedro, California when the ship’s emergency generator failed a test due to “insufficiently” charted batteries that would not be capable of jump starting the unit in the event of power loss, the officer noted.

Elsewhere, Athens-based operator Hellenic Star Shipping landed in hot water at the port of New Orleans when the 57,000-dwt bulker Sea Moon (built 2009), which was serving a charter backed by Hyundai Merchant Marine, was cited for fire prevention and detection deficiencies and an issue linked to the ship’s oil record book.

According to the US Coast Guard’s report, the inspector questioned the authenticity of the log and the crew’s compliance with internationally recognized oil pollution prevention procedures, though the vessel's oily water separator and bilge alarm recording device passed tests with no issue.

As TradeWinds has reported, detentions related to oily infractions at the port of New Orleans appear to have become more frequent over the past several months.

Brazil: Substandard Vessels Port of Santos

Information received with thanks from our correspondents Brazil P&I

Published 05.09.2011

Circular to all Clubs 14-2011

For some time now there has been discussion about vetting vessels over 25 years of age before they enter the port of Santos and at the end of July, the Advisory Council for the Port of Santos - CAP, using the power conferred on them under the Law 8630 of 25/02/1993 (Port Privatization Law) and:

Considering that substandard vessels represent great risk to laborers, port installations and the environment;
Considering that substandard vessels cause losses to the Port Operator (Stevedore entity) because they affect the efficiency and regularity of the operations;
Considering that the Maritime Authority, in compliance with International Conventions cannot impede vessels that possess the necessary international certifications from entering the port;
Considering that the Port Authority authorizes the entrance to, departure from as well as all the operations and movement within the port with the exception of the intervention of the maritime authority in movement considered priority in the case of assistance and safety of vessels;
Considering that in order to programme and authorize the entrance and departure of vessels, the Port Administration needs to be well provided with current rules and regulations.

RESOLVES

To establish the need for the São Paulo State Dock Company - CODESP, administrator of the Port of Santos, within 180 days, to elaborate a proposal of a norm with a view to regulate the entry, berthing and operation of substandard vessels in the port of Santos considering the following proposals:

Demand that vessels over 25 years of age of construction present reports from certifiers which attend the criterion pre-established by the Maritime and Port Authorities;
Demand that vessels over 25 years of age of construction obtain, based on parameters established by companies which realize the service of ship vetting, prior approval authorizing the entrance and operation of these vessels, complementing the normal obligatory certifications.

The proposal prepared by CODESP must be delivered to the CAP SANTOS, latest in January 2012 for deliberation and incorporation in the Regulation of the Exploitation of the Port of Santos.

John McLintock
Santos, 1 September 2011

Tel: 55 13 2102.1650
Fax: 55 13 2102.1660
www.brazilpandi.com.br
mail@brazilpandi.com.br

Brazil: Concentrated Inspection Campaign (CIC) on Foreign Merchant Vessels at Brazilian Ports

Information received with thanks from our correspondents Brazil P&I

Published 30.08.2011

Circular to all Clubs 13-2011

We refer to our Circulars dated 13, 18 and 31 March 2010 on the subject to inform you that as per attached Circular from the Navy’s Department of Ports and Coasts, the Brazil, as a member country of the Viña del Mar Agreement, and using its naval inspectors stationed in the various Brazilian ports, will carry out a new Concentrated Inspection Campaign (CIC) between the 1 September and 30 November 2011 on foreign merchant vessels calling the region during the aforementioned period, but this time with emphasis on the vessel’s structural safety and load line aspects, in order to verify the compliance with relevant regulations such as the International Convention on Load Line, 1966.

Aiming to avoid unnecessary fines or delays to vessels entered with the Club, please warn Members of the above.

Eduardo Lopes
Santos, 28 August 2011

Tel: 55 13 2102.1650
Fax: 55 13 2102.1660
www.brazilpandi.com.br
mail@brazilpandi.com.br

Change in Security Levels for Some Ports In Korea

Please be advised that, due to the 2011 World Championship in Athletics to be held in Daegu city in Korea from 27 August to 4 September, the Ulsan Port Authority has advised that it has raised the port security level in the trade Ports of Ulsan, Pohang and Gamchon from MARSEC Level I to MARSEC Level II from today through 5 September 2011.

Masters are advised to follow procedures from their ship security plans accordingly.

Paris and Tokyo MOUs Launch of Concentrated Inspection Campaign (CIC) on structural safety and the International Convention on Load Lines

The Paris and Tokyo MOUs have issued a press release, which concerns launch of Concentrated Inspection Campaign (CIC) on structural safety and the International Convention on Load Lines.
Indeed, the 45 Maritime Authorities of the Paris and the Tokyo Memoranda on Port State Control will begin a joint CIC with the purpose to ensure compliance with structural safety and the Load Line Convention. This inspection campaign will be held for 3 months, ending on 30 November 2011.
It has to be noticed that structural safety for ship types other than bulk carrier and compliance with the Load Line Convention in general have never been addressed with the special attention typical for a CIC.
During this campaign, Port State Control Officers (PSCOs) will verify applicable documents and aspects as loading instruments, the protection of hatch openings, the vessel’s hull, bulkheads and deck and other features of the Load Line Convention and structural integrity in more detail.

Tokyo MOU CIC questionnaire

The Tokyo MOU posted a Questionnaire on its upcoming Concentrated Inspection Campaign (CIC) on structural safety and the International Convention on Load Lines. (8/1/11). Note: Masters may wish to use the questionnaire to check, prior to arrival in a Tokyo MOU port, for compliance with the listed standards.

PARIS MOU Deficiency Codes

See atached

Paris MOU publishes latest “Black, Gray and White list”

Here's where we should be playing the theme music for the "Good, the Bad and the Ugly." The Paris MOU has just released its new performance lists for flag states and recognized organizations. From July 1, 2011, countries that are signatory to the Paris Memorandum of Understanding on Port Control, will use these lists in determining which ships to target for inspection. Ships flying flags listed on the "Black list" are liable for banning from the region after multiple detentions.
A total number of 84 flags are included on the latest "Black, Gray and White (BGW) List."  Eighteen are on the "Black list", 24 on the “Gray list", and 42 on the "White list". In the previous year, the number of flags listed totaled 82 flags, with 24 on the "Black List", 19 on the "Gray List" and 39 on the "White List".
Most flags categorized as very high risk in previous years remain so in 2010. The poorest performing flags are DPR Korea, Libyan Arab Jamahiriya, Togo, Sierra Leone and Montenegro. New on the "Black List" are the flags of Tanzania United Republic and Azerbaijan (both medium risk).
Flags with an average performance are shown on the "Gray List" and include the United States, which appears to be at the better end of the "gray" spectrum.
The best-performing flag on the White List is Bermuda (United Kingdom). Next in line are Germany, Sweden, the United Kingdom and the Netherlands.
The Paris MoU also agreed on the performance listing of Recognized Organizations (ROs). These organizations (most of which are classification societies) have been delegated with statutory responsibilities by flag States. This table uses the same method of calculation as the flag state table but counts only those detentions, which the Paris MoU considers to be directly related to a statutory survey carried out by the recognized organization.
Among the best performing recognized organizations were: Registro Italiano Navale – RINA, American Bureau of Shipping - ABS and Det Norske Veritas - DNV.
The lowest performing organizations were: Phoenix Register of Shipping – PHRS (Greece), Register of Shipping – RSA (Albania), International Register of Shipping – IS (USA) and Bulgarski Koraben Registar - BKR.

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