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CARIBBEAN ISLAND OPRC PLAN 2006

C a r i b b e a n I s l a n d O P R C P l a n

Regional

Caribbean Island Oil Pollution Response and Cooperation Plan

CARIBBEAN ISLAND

OPRC PLAN

2006

Published by:

Regional Activity Center Regional Marine Pollution Emergency Information and Training Centre-

Wider Caribbean Region

RAC/REMPEITC-Carib Fokkerweg 26, Willemstad Curacao,

Netherlands Antilles Tel: + 5999-461-4012 Fax: + 5999-461-1996

Caribbean Island OPRC Plan

RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)

Record of Change or Correction

Change Number Date Description of Change Signature

1 22 dec. 2006 Update of Cuba Country profile. Annex B. p27-29 BC

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Contents

Chapter Page

CHAPTER 1. INTRODUCTION................................................................................................................ 1

CHAPTER 2. ORGANIZATIONAL PLAN .............................................................................................. 6

CHAPTER 3. INITIATING ASSISTANCE .............................................................................................. 9

CHAPTER 4. POLLUTION REPORTING SYSTEM (CARIBPOLREP)........................................... 13

CHAPTER 5. EQUIPMENT AVAILABLE CARIBBEAN SUB-REGION ......................................... 21

CHAPTER 6. CARIBBEAN PLAN FOR MOBILIZATION OF PERSONNEL AND EQUIPMENT...................................................................................................................................................................... 23

CHAPTER 7. FINANCIAL PROCEDURE FOR MOVEMENT OF PERSONNEL AND EQUIPMENT ............................................................................................................................................. 25

CHAPTER 8. INTERVENTION AND COST RECOVERY ................................................................. 27

CHAPTER 9. ASSISTANCE FROM FOREIGN GOVERNMENTS OR COMMERCIAL RESPONSE TEAMS.................................................................................................................................. 51

CHAPTER 10. USE OF DISPERSANTS, IN-SITU BURNING AND BIOREMEDIATION TECHNIQUES ........................................................................................................................................... 61

CHAPTER 11. RISK AREAS IN THE CARIBBEAN SUB-REGION.................................................. 73

CHAPTER 12. SENSITIVE AREAS IN THE CARIBBEAN SUB-REGION ...................................... 80

Annexes

Annex A Cartagena Convention and Protocol

Annex B Country Profile (including Focal Points)


Glossary of Terms

CARIBPOLREP Caribbean Pollution Report

CCA Clean Caribbean and Americas (formerly CCC)

CCC Clean Caribbean Cooperative

CLC International Convention on Civil Liability for Oil Pollution Damage

Dispersants Specially formulated agents that are sprayed at low dosages on slicks to enhance its natural mixing and biodegradation in surface waters.

EEZ Exclusive Economic Zone

EI Environmental Impact

EOC Emergency Operations Centre

ETA Estimated Time of Arrival

Flash Point The lowest temperature at which the vapors above a volatile liquid form a combustible mixture with air.

In-Situ Burning A controlled ignition of oil, other hydrocarbon products, and oil spill debris at the site of the spill. For offshore spills the burning of the floating oil may occur with or without fire-resistant booms.

IMO International Maritime Organization

IOPC International Oil Pollution Compensations Fund

ITOPF International Tanker Owners Pollution Federation Limited

MARPOL International Convention for Prevention of MARitime POLlution from Ships

MSRC Marine Spill Response Corporation

ODA Overseas Development Administration

ODP Office of Disaster Preparedness


OPA 90 United States of America Oil Pollution Act of 1990

OPRC Oil Pollution Preparedness, Response and Cooperation

OPRC 90 International Conventions on Oil Pollution Preparedness, Response and Cooperation, 1990

OSC On-Scene Commander

OSSC Oil Spill Service Centre

PAH Polynuclear Aromatic Hydrocarbon

POLREP Pollution Report

PVC Polyvinyl Chloride

RAC Regional Activity Centre

REMPEITC-Carib Regional Marine Pollution Emergency Information and Training Centre- Wider Caribbean Region

SCUBA Self-Contained Underwater Breathing Apparatus

SITREPS Situation Reports

Tier 1 Spills Accidental discharges occurring at or near a facility as a result of routine operations. Impacts are low and in-house response capability is adequate. [0 to 100 bbls (< 16 m3)].

Tier 2 Spills Medium-sized spills occurring in the vicinity of a facility as a result of a non-routine event. Significant impacts are possible and external (regional) support for adequate spill response is required. [100 to 5000 bbls. (16 m3 to 795 m3)].

Tier 3 Spills Large spills occurring either near or remote from a facility as a result of a non-routine event, and requiring substantial resources and support from national or world-wide spill co-operatives to mitigate effects perceived to be wide-reaching, i.e., of national or international significance. [over 5000 bbls. (> 795 m3)].

UNEP United Nations Environmental Program


USCG United States (of America) Coast Guard

VHF Very High Frequency

Viscosity A measure of the resistance to flow that a liquid offers when it is subjected to shear stress; higher values indicate thicker, slower-moving materials. For example, gasoline has a lower viscosity than diesel.

VOC Volatile Organic Compound


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C H A P T E R 1 . I N T R O D U C T I O N

1 . 1 B a c k g r o u n d

1.1.1 In March 1983 a conference of Plenipotentiaries met in Cartagena de Indias, Colombia, and

adopted the Convention for the Protection and Development of the Marine Environment of the Wider

Caribbean Region (Cartagena Convention) and the Protocol Concerning Cooperation in Combating Oil Spills

in the Wider Caribbean Region (Oil Spill Protocol).

1.1.2 The Oil Spill Protocol calls for cooperation in taking all necessary measures, both preventive and

remedial, for the protection of the marine environment from oil spill incidents and places an obligation on

Contracting Parties to establish and maintain, or ensure the establishment and maintenance of, the means to

respond to oil spill incidents. The enactment of legislation as well as the preparation of contingency plans is

included in such means.

1 . 2 P u r p o s e a n d O b j e c t i v e s

1.2.1 This Plan provides a framework under which Island States and Territories may cooperate at the

operational level in responding to oil spill incidents as required by Article 8 of the Oil Spill Protocol to the

Cartagena Convention (See Annex A). The objectives of the Plan are to:

1. promote and implement regional cooperation in oil spill contingency planning, prevention, control and clean up;

2. develop appropriate measures of preparedness and systems for detecting and reporting oil spill incidents within the area covered by the Plan;

3. institute prompt measures to restrict the spread of oil; and,

4. identify resources to respond to oil spill incidents.

1.2.2 In summary, the overall objective of the Plan is to provide a cooperative scheme for mutual

assistance from member States, Territories, and organizations in the event of a major oil spill incident which

exceeds the response capability of a national government or oil industry. Venezuela was accorded an

associate member status of the Caribbean Islands Oil Pollution Preparedness, Response and Co-

operation(OPRC) Plan by the government experts at the 1992 meeting in Curaçao, N.A.

1 . 3 G e o g r a p h i c A r e a o f t h e C a r i b b e a n P l a n


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1.3.1 The geographic area of the sub-regional contingency plan extends from latitude 30° N, 200 miles to

the east into the Atlantic Ocean beyond the Caribbean Archipelago to the shore line of South America. To the

west, the area extends into the Caribbean Sea and Gulf of Mexico following the Exclusive Economic Zone of

the Island States and Territories. The geographic area of the Plan essentially is all the waters of the

Exclusive Economic Zone (EEZ) of the sub-regional area of the Wider Caribbean applicable to Venezuela and

the following Island States and Territories:

Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, British Virgin Islands, Cayman Islands, Cuba,

Commonwealth of Dominica, Dominican Republic, French Antilles, Grenada, Haiti, Jamaica, Montserrat,

Netherlands Antilles, Puerto Rico, St. Christopher and Nevis, St. Lucia, St. Vincent and the Grenadines,

Trinidad and Tobago, Turks and Caicos, US Virgin Islands.

1 . 4 1 . 4 . T i e r e d R e s p o n s e

1.4.1 The Caribbean Islands Oil Pollution Preparedness Response and Co-Operation (OPRC) Plan,

hereafter referred to as the "Caribbean Plan", is designed as a tiered response procedure to enhance the

ability of an Island State or Territory to respond to a spill which may be beyond that State's or Territory's

capability. The individual Island State and Territory contingency plans, which can be annexed to the

Caribbean Plan, will continue to be the guiding doctrine and are in no way superseded by the existence of the

Caribbean Plan.

1.4.2 The capability of an Island State or Territory to respond to a marine pollution incident is of

fundamental importance and provides the necessary foundation for a regional and sub-regional agreement.

The Caribbean Plan should, therefore, be considered to be a "supplement to" rather than a "substitute for" a

viable national contingency plan.

1.4.3 Each member of the Caribbean Plan should identify risk scenarios resulting from normal oil industry

and shipping operations on, or in the vicinity, of its own territory. In keeping with the objectives of the

Caribbean Plan it is anticipated that each Island State will develop, in co-operation with industry, a response

capability (including a National Contingency Plan) to cover these operations. This National Plan should

integrate and support local facility and terminal plans. The Caribbean Plan is therefore reserved for

substantial accidental oil spills, or potential oil spills, which are beyond the scope or capability of the National

Plan. However, if the circumstances of a small spill cause unexpected privation, assistance under the

Caribbean Plan can be requested.

1.4.4 The Caribbean Plan offers an international mobilization scheme which can be utilized by the oil

industry and government response teams on an international level. When a major oil spill occurs, the ability to

rapidly initiate abatement procedures is essential to lessen the impact of oil encroaching on sensitive or public


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areas. To achieve the stated goal of the Caribbean Plan will require that periodic testing be conducted by the

member Island States and Territories. Long range goals of the Caribbean Plan should include upgrading the

oil spill abatement equipment within the region and should provide regional training for personnel responsible

for national response to any marine pollution emergency.

1 . 5 D e f i n i t i o n s

1.5.1 "Convention" means the Convention for the Protection and Development of the Marine Environment

of the Wider Caribbean Region. (Cartagena Convention)

1.5.2 "Convention Area" means the marine environment of the Gulf of Mexico, the Caribbean Sea and

the areas of the Atlantic Ocean adjacent thereto, south of 30° north latitude and within 200 nautical miles of

the Atlantic coasts of the States referred to in Article 25 of the convention. The internal waters of these States

are not included in the convention Area.

1.5.3 "EEZ" means, for the purpose of the Caribbean Plan, the Exclusive Economic Zone of an Island

State or Territory extending to sea 200 miles, or to an equal division of territorial area between any two

islands where the 200 mile zone would overlap.

1.5.4. "Geographic Area of Responsibility" means all the waters within 200 nautical miles of the Coast of

the Island States and Territories as defined in section 1.3 of this chapter. Any action initiated within the area

of responsibility will be determined by the Island State's or Territory's Lead Agency in accordance with the

National Contingency Plan for the waters affected by the spill.

1.5.5 "Geographic Area of Interest" means all waters outside of the area of responsibility in which an oil

spill could affect one or more of the Islands or Territories. Spills that occur in the area of interest will be

monitored by the country whose area of responsibility is most likely to be affected by the movement of the

spill as a result of wind and ocean currents.

1.5.6 "Focal Point Agency" means the Ministry or the Department in which the Lead Agency resides.

Unless designated otherwise under Paragraph 2, Article 15 of the Convention, the Focal Point Agency is the

agency designated in Island State's or Territory's National Oil Spill Contingency Plans that initiates and

receives oil spill information directly from other Island State or Territory's Lead Agencies during times of an oil

spill emergency. The Focal Point Agency should be the same Agency designated as the “Entitled Authority”

under Article 6(1)(a)(iii) of the OPRC 90 for those States and Territories which are signatory to that

Convention. The Focal Point Agency will be considered the agency responsible for the exchange of

information required under Article 4 of the Oil Spill Protocol.


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1.5.7 "Lead Agency" means the Competent National Authority with responsibility for oil pollution

preparedness and response. Unless designated otherwise under Article 4 of the Oil Spill Protocol the Lead

Agency is assumed to be the authority responsible for implementing the Oil Spill Protocol. The Lead Agency

should be the same Competent National Authority designated under Article 6(1) (a) (i) of the OPRC 90 for

those States and Territories which are signatory to that Convention.

1.5.8 "Response Agency" means the organization that normally responds to an oil spill during times of

emergency. In some States or Territories, the Lead Agency and the Response Agency will be the same

agency.

1.5.9 "On-Scene Commander (or Coordinator)" (OSC) means the official appointed and charged with

coordination and direction of the national pollution control efforts at the scene of an oil spill incident. Where

pre-designated, the OSC is listed in each of the National Appendices to this Plan by the appropriate Island

State or Territory.

1.5.10 "Oil Spill Incident" means a discharge or a significant threat of a discharge of oil, however caused,

of a magnitude that requires emergency action or other immediate response for the purpose of minimizing its

effects or eliminating the threat.

1.5.11 "Secretariat" means the International Maritime Organization Regional Marine Pollution Emergency,

Information, and Training Centre - Wider Caribbean (RAC/REMPEITC-Carib), Fokkerweg #26, Willemstad,

Curaçao – Netherlands Antilles.

1.5.12 "Related Interests" means the interests of an Island State or Territory directly affected or threatened

including:

1. maritime, coastal, port or estuarine activities;

2. the historical and tourist appeal of the area in questions, including water sports and recreation;

3. the health of the coastal population; and,

4. fishing activities and the conservation of natural resources.


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C H A P T E R 2 . O R G A N I Z AT I O N A L P L A N

2 . 1 N a t i o n a l O r g a n i z a t i o n P l a n s

2.1.1 One of the essential prerequisites to sub-regional contingency planning is that all of the

participating Island States and Territories develop and implement national oil spill contingency

plans. While each national plan may differ, all should contain a number of common basic

elements to ensure maximum benefit from participation in this Caribbean Plan:

1. designation of the competent national authority responsible for oil spill matters;

2. description of the national oil spill response organization;

3. identification of the likely sources of oil spills, vulnerable resources at risk and priorities for protection;

4. identification of existing resources, if any, strategies for combating spills, and the size of spill which can be dealt with at the national level;

5. identification of logistic support facilities available within the country;

6. identification of storage facilities for recovered oil and disposal methods;

7. communication capabilities for responding to an oil pollution incident: and,

8. define a dispersant policy for territorial waters in the National area of responsibility.

2 . 2 S e c r e t a r i a t

2.2.1 The Secretariat for administration of the Caribbean Plan is the RAC/REMPEITC-Carib,

Curacao, Netherlands Antilles.

2.2.2 The Secretariat will not have an operational role during an oil spill when the Caribbean

Plan is activated. The Island State or Territory who is affected by the spill will control the

operational activities in accordance with its own National Contingency Plan. Requests for

international assistance envisioned by the Caribbean Plan will be initiated by the affected State's

or Territory's Focal Point Agency during the mobilization phase by direct contact with the Focal

Point Agency of the assisting States or Territories. The Secretariat can assist in facilitating the

cooperation of foreign government agencies by offering to a requesting State or Territory the

name of the Focal Point Agency (“Entitled Authority” under the OPRC 90) in a foreign government


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from whom assistance can be requested. In the interim, while normal procedures of protocol are

undertaken, the Secretariat may provide an informal link to quickly gain needed information. For

example, a requesting State or Territory may want to acquire pertinent satellite photographs of

affected spill areas or need a computer generated spill trajectory. One source of this information

would be through the U.S. National Oceanic and Atmospheric Administration (NOAA). While a

requesting government is seeking formal cooperation through the U.S. State Department, the

Secretariat could contact the Regional NOAA Scientific Support Coordinator directly to obtain

preliminary information.

2.2.3 The Secretariat will be responsible for the ongoing administration of the Caribbean

Plan. As changes, deletions or amendments occur to the Plan and its Annexes, the Secretariat

will be the central administrative body responsible for keeping current the copies held by the

Official Holders of Record of the Caribbean Plan. The Secretariat will receive and distribute

changes to the Official Holders of Record of the Plan (normally the Lead Agency in each Island

State or Territory). Each change will be distributed only by the Secretariat and will carry a

sequential numerical change number. It is anticipated that duplicate copies of the Plan will be

made, but the Secretariat will not be responsible for maintenance of copies of the Plan held by

persons other than Official Holders of Record.

2 . 3 O f f i c i a l H o l d e r o f R e c o r d

2.3.1 The Focal Point Agency of each Island State or Territory will designate the Internal

Holders of Record within its State or Territory. The Focal Point Agency will be responsible for

distributing changes to the Caribbean Plan when received. It is envisioned that the number of

Official Holders of Record within the region will not exceed 65. There is no prohibition against

additional copies of the Caribbean Plan being reproduced should the need arise; however, the

agency that reproduces the copies will be responsible for keeping the unofficial copies current by

copying and distributing changes as they are received by the designated Official Holder of

Record.

2.3.2 The allocation of copies of the Caribbean Plan is as follows;

COUNTRY/ORGANIZATION COPIES

Anguilla 2

Antigua and Barbuda 2

Aruba 2

Bahamas 2

Barbados 2

British Virgin Islands 2

Cayman Islands 2

St. Kitts & Nevis 2

St. Lucia 2

St. Vincent & Grenadines 2

Trinidad & Tobago 2


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Turks & Caicos 2

U.S. Virgin Islands 1

Venezuela 2

Cuba 2

Dominica 2

Dominican Republic 2

French Antilles 3

(Martinique, Guadeloupe, Navy)

Grenada 2

Haiti 2

COUNTRY/ORGANIZATION COPIES

Jamaica 2

Montserrat 2

Netherlands Antilles 7

(Central govt. 2, Bonaire,

Curaçao, St. Eustatius,

Saba, St. Maarten)

Puerto Rico 1

France 1

Netherlands 1

U.S. (State Dept & USCG) 2

U.K. 1

UNEP / RCU CAR 1

U.S. Coast Guard Marine

Sector San Juan 1

IMO Headquarters 1

IMO REMPEITC-Carib (master) 1

Caribbean Disaster Emergency

Response Agency (CDERA) 1

MSRC 1

Caribbean Regional

Response Team (US-CRRT) 1

Clean Caribbean & Americas 1


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2 . 4 F o c a l P o i n t A g e n c y

2.4.1 The Focal Point Agency is designated in the National Oil Spill Contingency Plan of

each Island State or Territory and for the purposes of the Caribbean Plan will be the agency that

initiates and receives oil spill information directly from Focal Point Agencies of other member

Island States or Territories. The Focal Point Agency is responsible for notification of member

Island States and Territories in the event a major spill occurs. The State or Territory that is

nearest to the spill, or receives first notification of a spill incident, will assume responsibility of

notification to other member States or Territories.

2.4.2 Unless otherwise designated, the national authority entitled to act on behalf the state to

request assistance or to decide to end the assistance requested will be the Focal Point Agency.

2.4.3 Notification routing will be direct between Island State's and Territory's Spill Notification

Point or National Operational Contact (MARPOL). Internal dissemination of information will follow

the protocol routing within the government and will be the responsibility of each Spill Notification

Point or National Operational Contact (MARPOL)for proper routing utilizing the CARIBPOLREP

format.

2 . 5 L e a d A g e n c y

2.5.1 The Lead Agency is the Competent National Authority with responsibility for oil pollution

preparedness and response. Under the Oil Spill Protocol, the Lead Agency would be the

organization identified in the national laws and regulations as responsible for the operational

procedures relating to the prevention oil spill incidents and to the means of reducing and

combating harmful effects of oil spills. The Lead Agency and the Response Agency may be the

same agency on many Island States or Territories.

2.5.2 The Lead Agency is listed as an alternate contact point within each Island State or

Territory. Protocol for the Caribbean Plan is for communications to be between Focal Point

Agencies only. However, in the event communications can not be established directly between

Focal Point Agencies, routing should be directed to the Lead Agency, requesting that the Focal

Point Agency establish communication.

2.5.3 If, at the discretion of the Focal Point Agency, direct communications with a Lead

Agency is authorized, then subsequent messages may be routed directly to the Lead Agency.

The alternate routing system, if authorized, will be on a case-by-case basis.


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2 . 6 R e s p o n s e A g e n c y

2.6.1 Each Island State's or Territory's Response Agency will be the organization that

normally responds to an oil spill during time of emergency. The duties and responsibilities of the

Response Agency will be defined in each Island State's or Territory's National Contingency Plan.

In some Island States or Territories the Response Agency will also be the Lead Agency.

2 . 7 O n - S c e n e C o m m a n d e r ( O S C )

2.7.1 Each Island State or Territory, in accordance with its National contingency Plan, will

assign a qualified person to act as an On-Scene Commander (or On-Scene Coordinator) for each

oil spill incident. The OSC will follow the duties and lines of authority as defined in each country's

National Oil Spill Contingency Plan.

2.7.2 In case an oil spill occurs near the boundary of two Island States or Territories and

spreads into the territorial waters of a neighbouring Island State or Territory, each State or

Territory will have an OSC responsible for cleanup activities in its own area of responsibility.

Because of logistics, geographic location or other circumstances, it may be in the best interest of

all parties for one State or Territory to relinquish its OSC authority to the other State or Territory.

The decision to centralize the responsibilities of one or more OSC's will be made only after

receiving the concurrence of the Focal Point Agencies of all involved State's or Territory's. The

agreement to centralize the OSC authority will be only for the duration of the immediate

emergency and can be rescinded by any Focal Point Agency at any time.

2 . 8 R a p i d R e s p o n s e A g r e e m e n t

2.8.1 A marine disaster resulting in a major oil spill may occur near a common territorial

border. Because of geographic location, one Island State or Territory may be in a better position

to respond than the State or Territory in whose waters the casualty actually occurred. In the

interest of reducing the devastating affects of a major oil spill which occurs in close proximity to a

State's or Territory's territorial borders, a rapid response agreement of equal right of access is

considered an important function of the Caribbean Plan.

2.8.2 The responding State or Territory will give to the Focal Agency of the affected State or

Territory, timely notification of its interest in proceeding across territorial borders. The affected

State or Territory will respond to the notification by granting or denying authorization.


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2.8.3 The response team, upon receiving permission and entering the territorial waters of an

adjacent State or Territory, will abide by all the policies and procedures as defined in the affected

State's or Territory's National Oil Spill Contingency Plan.

2.8.4 During the time the response team is working at the spill site, the affected State's or

Territory's Focal Point Agency will be kept informed by the response team's Lead Agency of the

progress of the spill abatement activities.

2.8.5 Upon arrival of the affected State's or Territory's On-Scene Commander, the

responding State's or Territory's team will either continue to work under the direction of the

affected State's or Territory's OSC or return to its own State's or Territory's waters, depending on

the circumstances of the spill. When the affected State's or Territory's OSC arrives on scene, he

will assume the reporting responsibility for the clean-up activities.

2.8.6 In the event that OSC responsibilities change hands, the original OSC should be

retained in some advisory capacity on the staff of the new OSC to enhance response continuity.

2 . 9 S p i l l N o t i f i c a t i o n P o i n t

2.9.1 Each Island State or Territory is required under Article 5 of the Oil Spill Protocol to

establish appropriate procedures to ensure that information regarding oil spill incidents is reported

as rapidly as possible. To facilitate this process Annex B includes the Spill Notification Points for

each of the members.

2 . 1 0 N a t i o n a l O p e r a t i o n C o n t a c t ( u n d e r M A R P O L )

2.10.1 National Operational Contact Points under MARPOL are included in Annex B of the

Plan. This information enables compliance with Regulation 26 of Annex 1 of the International

Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978

relating there to (MARPOL 73/78) which, inter alia, requires that the ship board oil pollution

emergency plans contain a list of Authorities or person to be contacted in event of an oil pollution

incident. Further, the Guidelines for the Development of Shipboard Oil Pollution Emergency

Plans, published by the IMO, requires that the shipboard oil pollution emergency plans should

include, as an appendix, the list of agencies or officials of administration responsible for receiving

and processing reports as developed and updated by the Organization incompliance with Article

8 (Reports on incidents involving harmful substances) and protocol I (provisions concerning

Reports on Incidents involving Harmful substances) of MARPOL 73/78. Requirements for oil

pollution emergency plans and relevant oil pollution reporting procedures are also contained in


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Articles 3 and 4 respectfully of the International Convention on Oil Pollution and Preparedness,

Response and Cooperation (OPRC) 1990. In some cases the National Operational Contact

Point is different from the Spill Notification Point for an Island State or Territory as some states

have different authorities responsible for these international Conventions.


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C H A P T E R 3 . I N I T I AT I N G A S S I S TA N C E

3 . 1 S p i l l S u r v e i l l a n c e

3.1.1 If an oil spill occurs, the Lead Agency of the affected Island State or Territory should

arrange for surveillance of the oil slick and, by use of meteorological and hydrographical data,

predict it's probable movement. The result of such observations and predictions should be

transmitted to other Focal Point Agencies of Island States or Territories which may be affected by

the spilled oil until it no longer threatens any Island State or Territory in the area covered by the

Caribbean Plan.

3 . 2 V e s s e l R e p o r t i n g

3.2.1 Masters or other persons in charge of passing vessels shall report without delay any

sightings of oil on the surface of the water to the nearest coastal Island State or Territory as

required by Article 4, Oil Pollution Reporting Procedures, Section (10) (a) of the International

Convention on Oil Pollution Preparedness Response and Co-operation, 1990 (OPRC) and Article

8 of MARPOL.

3 . 3 A e r i a l S u r v e i l l a n c e

3.3.1 Surveillance at sea can be carried out using fixed wing aircraft or helicopter. Aerial

surveillance allows the movement and extent of the oil slick to be plotted in order that appropriate

response action may be taken by the Lead Agency. Surveillance flights to evaluate or assist in

combating spill incidents may require the over flight of the territorial waters of another Island State

or Territory. In order to optimize the use of aerial resources, each Lead Agency should make

advance arrangements with neighbouring Islands, Governments for the rapid granting of

permission for over flights and for the use of their airport facilities. Such arrangements should be

included in national contingency plans whenever possible.

3.3.2 Aerial surveillance is an essential capability if early visual confirmation of an oil spill and

subsequent up-dating of slick movement and behaviour is required.


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3.3.3 While dedicated sophisticated aircraft fitted with airborne remote-sensing equipment do

provide a high-assurance of oil slick information, much can be done, especially in the generally

good weather conditions prevailing in the area, by the use of non-dedicated commercial aircraft,

using visual look-outs who have been trained to look for oil.

3.3.4 Such aircraft on random patrol also provide useful deterrence to illegal oil discharges

from passing ships.

3.3.5 Where dedicated aircraft are not available, the use of commercial aircraft employing

visual detection is recommended. Their operations fall into two phases:

3 . 4 I n i t i a l D e t e c t i o n

3.4.1 All transiting commercial aircraft should be required to keep a look out for oil and

personnel should be trained for such observations. Sighting reports should be passed

immediately to air traffic control who should have clear instructions to pass the reports to the

appropriate national spill notification point.

3 . 5 I n c i d e n t S u r v e i l l a n c e

3.5.1 Chartered aircraft will probably have to be used to maintain up-to-date slick information

as well as possibly to provide air direction of surface vessels involved in dispersant spraying

operations. Pilots/observers of these aircraft also require basic training in oil slick recognition and

in reporting procedures to national authorities.

3.5.2 Aerial surveillance should also be carried out to determine the overall extent of

shoreline pollution, but this should be backed up by visiting the affected shoreline. Continuous

surveillance of the affected shoreline may be required during some phases of the operation.

3 . 6 P r o c e d u r e f o r R e q u e s t i n g A s s i s t a n c e

3.6.1 If assistance from other Caribbean Island States or Territories is required, the National

Focal Point Agency of the affected State or Territory shall request assistance directly from the

National Focal Point Agency of one or more Island States or Territories. The request shall specify

what type of assistance is required (see Chapter IV), detailing the type of equipment and the

number of operating personnel. The responding State or Territory's Focal Point Agency will

respond to the requesting State or Territory, detailing what assistance is available. If assistance is

not available, the responding country shall notify the requesting country as soon as possible.


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3.6.2 Direct, prompt notification between Focal Point Agencies is the key to the success of

the Caribbean Plan. If rapid flow of information between Focal Point Agencies is disrupted, then

the value of a cooperative assistance plan between Island States & Territories is defeated.

3 . 7 C o n t a c t I n f o r m a t i o n ( F o c a l P o i n t s ) f o r t h e I s l a n d S t a t e s o r T e r r i t o r i e s

3.7.1 Annex B of the Caribbean Plan lists the Focal Point Agency, Lead Agency, Spill

Notification Point, Response Agency and National Operational Contact Point.

3.7.2 This information is also available from the Caribbean Region IMAPS for each Island

State or Territory. The website for the Caribbean Region IMAPS is:

http://ipieca.unep-wcmc.org/imaps/ipieca/caribbean/viewer.htm

The information is accessed through the ITOPF icon link for each country which links to the

country profile.

3 . 8 S e c r e t a r i a t f o r t h e C a r i b b e a n P l a n

INTERNATIONAL MARITIME ORGANIZATION REGIONAL MARINE POLLUTION EMERGENCY INFORMATION AND TRAINING CENTRE (WIDER CARIBBEAN) – REMPEITC-Caribe FOKERWEG 42 WILLEMSTAD, CURACAO, NETHERLANDS ANTILLES TEL: (5999) 461-4012 / -461-4409 FAX: (5999) 461-1996 Email: [email protected]

3 . 9 E x c h a n g e o f I n f o r m a t i o n

3.8.1 Each participating Island State and Territory shall keep current, and submit to the

Secretariat, information relating to the implementation of the Oil Spill Protocol in accordance with

Article 4.

3.8.2 Focal Point Agencies should provide information including the identity of authorities

responsible for implementation of the Oil Spill Protocol and this Plan. Other information that

should be included includes oil spill equipment which may be made available to other countries

on request;

3.8.3 Information on Personnel with Expertise in Various Disciplines in Oil Spill response;


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3.8.4 Information on Laws, orders, decrees and institutions relating to Oil Spill response;

3.8.5 Information on Operational procedures and activities relating to the prevention of oil

spills, specifically National Oil Spill Response Plans, Training, and exercises of those plans;

3.8.6 Information on Emergency Response Materials;

3.8.7 Information on International Cooperation in movement of equipment and personnel

(customs and immigration laws to facilitate oil spill response); and

3.8.8 Information on Mutual Assistance agreements.


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C H A P T E R 4 . P O L L U T I O N R E P O R T I N G S Y S T E M

( C A R I B P O L R E P )

4 . 1 D i s s e m i n a t i o n o f I n f o r m a t i o n o n O i l S p i l l I n c i d e n t s

4.1.1 An Island State or Territory first receiving a report of an oil spill incident should immediately

inform neighboring Island States and Territories that the incident may affect their related interests, giving as

much detail as possible about the incident. In the event that a spill has occurred, that information should

include date, time, position, type and amount of oil spilled, the prevailing and forecast weather conditions,

proposed actions and recommendations. As the situation develops, information to these Island States or

Territories must be updated continuously, and a regular synopsis provided to keep them informed. The

procedures for such reports and communications are described in this chapter of the Plan. Transmission of

such reports should not be delayed if complete information is not immediately available.

4.1.2 Available meteorological and hydrographical data should be analyzed to give rough early

predictions of general spill movement. More sophisticated spill movement prediction methods may be

subsequently used. However, visual observation of any spill is essential and the responsible authority

under the appropriate National Contingency Plan should use those resources already identified, such as

charter, military or commercial aircraft for surveillance. It is essential that the results of such observation

and prediction be transmitted to other States and Territories which may be affected by the spilled oil until it

no longer threatens any Island States and Territories in the area covered by the Plan.

4.1.3 Participating Island States and Territories should make every effort to transmit information that

may aid in establishing liability for pollution removal costs, damages, and related fines and penalties, to

requesting national authorities from other participating Island States and Territories that are, or may have

been, affected by an oil spill incident.

4.1.4 The initial report of an oil spill to a Spill Notification Point may be received from a variety of

sources and may require confirmation by the Lead Agency that receives the report. After confirmation, the

Lead Agency will draft a POLREP, message to all the Lead Agencies of the other Island States or

Territory's Caribbean Plan Regional Organization which may have an interest in the spill. If overflights or

surface vessel observations determine that one or more States or Territories could be affected by the


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movement of the oil on the surface of the water, then speed of drift and direction shall be calculated and

reported along with all other pertinent information.

4 . 2 M e s s a g e R o u t i n g P r o c e d u r e ( C A R I B P O L R E P )

4.2.1 After receipt of the initial report of an oil spill incident the Lead Agency may require conformation

of the spill sighting. After the spill has been confirmed the Lead Agency, utilizing the Caribbean Oil and

Hazardous Material Spill Alerting Mechanism will prepare a CARIBPOLREP message to notify neighboring

Island States and Territories that may be effected by the spill.

4.2.2 The CARIBPOLREP message will be sent directly to neighboring islands and to REMPEITC-

Carib, (Tel (+5999) 461-4012, Fax (+5999) 461-1996/ email: [email protected]. – 24 hour notification

through the Coast Guard Centre Netherlands Antilles and Aruba (5999-463-7432 email:

[email protected] )

4.2.3 Once the initial CARIBPOLREP message has been sent subsequent messages will be routed

through the established routing network until the spill emergency has been concluded.

4 . 3 C A R I B P O L R E P F o r m a t

4.3.1 The following is a summarized list of the composition of the CARIBPOLREP message. 4.3.2 HEADING

1. Date time group:

2. From:

3. To:

4. Subject:

4.3.3 SITUATION

1. Date and Time.

2. Position.

3. Incident.

4. Outflow.

5. Characteristics of Pollution.

6. Source and Cause of Pollution.

7. Wind direction and speed.

8. Current or tide.

9. Sea state and visibility.


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10. Drift of pollution.

11. Forecast.

12. Source of Report

4.3.4 ACTION TAKEN

1. Implementation of National Contingency Plan.

2. Incident surveillance.

3. Photographs or samples.

4. Names of other states informed.

4.3.5 FUTURE PLANS:

Various types of information such as anticipated changes of command; reducing information exchange to

encompass only relevant, affected parties; etc.

4.3.6 ASSISTANCE REQUESTED

1. Source of assistance.

2. Estimated cost.

3. Prearrangement for delivery.

4. Assistance to where and how.

5. Other states requested.

6. Names and passport numbers of persons.

7. Description of equipment.

8. ETA and arrival information.

9. Place of embarkation.

10. Place of disembarkation.

4.3.7 If the CARIBPOLREP is used in exercises, the text is to be introduced with the word EXERCISE

and finished with this word three times. Each of the subsequent reports which deals with the exercise is to

be introduced and finished with the word EXERCISE as well.

4 . 4 C A R I B P O L R E P E X P L A N A T I O N

REMARKS 4.4.1 HEADING

1. Date time group: The day of the month as well as the time of day of the message.


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2. From: Lead Agency of the Island State or Territory that is initiating the message.

3. To: Regional Marine Pollution Emergency, Information and Training Centre Wider Caribbean (REMPEITC-Carib), Willemstad, Curaçao, requesting the REMPEITC-Carib pass the message to other Island States or Territories. Lead Agencies may pass information directly to other Island States of Territories that may be effected by the spill.

4. Subject: CARIBPOLREP, sequential number of the report and the name of the vessel on facility involved in the spill incident.

4.4.2 SITUATION

1. Date and time: Date and time of the incident.

2. Position: Lead Agency of the Island State or Territory that is initiating the message.

3. Incident: The nature of the incident should be stated here, such as BLOWOUT, TANKER GROUNDING, TANKER COLLISION, OIL SLICK, etc.

4. Outflow: The nature of the pollution, such as CRUDE OIL, CHLORINE, DINITROL, PHENOL, etc., as well as the total quantity in tonnes of the outflow and/or the flow rate, as well as the risk of further outflow. If there is no pollution but a pollution threat, the words NOT YET followed by the substance, for example, NOT YET FUEL OIL, should be stated.

1. Characteristics of Pollution: Gives type of pollution, e.g.,type of oil with viscosity and pour point, packaged or bulk chemicals, sewage. For chemicals, give proper name or United Nations number, if known. For all, give also appearance, e.g., liquid, floating solid, liquid oil, semi-liquid sludge, tarry lumps, weathered oil, discoloration of sea, visible vapor. Any markings on drums, containers, etc., should be given.

2. Source and Cause of Pollution: e.g., from vessel or other undertaking. If from vessel, say whether as a result of a deliberate discharge or casualty. If the latter, give brief description. Where possible, give name, type, size, call sign, nationality and port of registration of


17

polluting vessel. If vessel is proceeding on its way, give course, speed and destination.

3. Wind Direction and Speed: Indicates wind direction and speed in degrees and MPH. The direction always indicated from where the wind is blowing.

4. Tides and Direction of Current: Indicates current direction and speed in degrees and knots and tenths of knots. The direction always indicates the direction in which the current is flowing.

5. Sea State and Visibility: Sea state indicated as wave height in meters. Visibility is in nautical miles.

6. Drift of Pollution: Indicates drift course and speed of pollution in degrees and knots and tenths of knots. In case of air pollution, (gas cloud), drift speed is indicated in m/s.

7. Forecast: e.g., arrival on beach with estimated timing. Results of mathematical models, or computer trajectory modelling.

8. Reporting Source: Indicates who has reported the incident. If a ship, ship on Scene name, homeport, flag and call sign must be given. Ships on scene can also be indicated under this item by name, home port, flag and call sign, especially if polluter cannot be identified and the spill is considered to be of recent origin.

4.4.3 ACTION TAKEN

1. Implementation of National Contingency Plan:

Indicate if National Contingency Plan has been Contingency Plan: activated. If appropriate, give name of Lead/ Response Agency and On-Scene-Commander.

2. Incident Surveillance: Indicate type of spill surveillance such as aerial or vessel. Number of over flights per day, etc.

3. Photographs or Samples: Indicates if photographs or samples from the pollution have been taken. Fax or Telex number of the sampling authority should be given.

4. Names of Other States Informed: Lead agency initiating message concerning the spill incident should name the other Island States that have been notified directly. This is important if the


18

control of communications is being passed to the REMPEITC-Carib Curaçao. If communications are being passed identify Island States to whom the alert is to be readdressed.

4.4.4 FUTURE PLANS

1. Future Plans:. Describe the action contemplated in response to the discharge or threat of discharge.

4.4.5 ASSISTANCE REQUESTED

1. Source of Assistance: Name of Lead Agency and name of Island State or and the type of assistance required in form of: specified equipment with trained personnel complete strike teams personnel with special expertise with indication of Island State or Territory requested

2. Estimated Cost: Requirements for cost information to requesting Island State or Territory of delivered assistance.

3. Prearrangement Delivery of Assistance

Information concerning customs clearance, access to territorial waters, etc. in the requesting Island or Territory.

4. Assistance to Where and How nformation concerning the delivery of the assistance, e.g., rendezvous at sea with information on frequencies to be used, call sign and name of on scene commander of the requesting Island State or Territory or land-based authorities with telephone number, fax, telex number, or email and contact person.

5. Other States Requested: Only used if not covered by 4.4.5 .1 if further assistance is later needed by other Island States or Territories.

6. Personnel Names, Passport info Names of persons responding from an assisting Island State including their passport numbers. This information is necessary to facilitate rapid entry into the requesting Island State or Territory.

7. Description of Equipment: A brief description of the equipment including serial and model numbers. Also included a list of any component parts that are being shipped with the equipment.

8. ETA and Arrival Information: Time and place of arrival of equipment and of


19

personnel should be given to accommodate clearance with customs and immigration officials in the requesting Island State or Territory.

9. Place of Embarkation: The responding Island State should include the airport or seaport where responding personnel are deporting from. The information should give flight names and numbers and/or vessel names.

10. .Place of Disembarkation: The responding Island State should give the airport or seaport where responding personnel will be arriving at in the requesting country.

11. Spare: Any relevant information pertaining to the spill should be included such as results of field inspections or surveys. Statements of ship’s personnel. Vessel and cargo owners and if the owners are members of a co-operative association, etc.

4 . 5 E X A M P L E : C A R I B P O L R E P M E S S A G E N O . 1

(Heading) Date Time Group: 181100GMT

From: Lead Agency Grenada

To: REMPEITC-Carib, Curaçao – Netherlands Antilles.

Pass To: Lead agency St Vincent, Tobago, St. Lucia and Trinidad for immediate alert

(Subject) Caribpolrep No 1: M.T. West Passage

(Situation) Tankship M.T. West passage on fire and in danger of sinking

Date and Time: Fire reported 180745GMT

Position: Vessel at 12º-30'N 61º-15'W

Incident: Engine room fire spreading to cargo tanks. Some crude oil reported to be leaking. Risk of loss of vessel and entire cargo of 156,000 tons. Oil is forming a slick to the west.

Source of Pollution: Ruptured cargo tanks 10 right 10 center and 10 left.

Wind Direction and Wind is from 090 degree (East) at 10 miles per hour. speed:

Current: Current is towards 270 degree (West) at approximately 1 Kt. per hour.

Sea State Wave height 3 feet and visibility is 10:miles. and Visibility:

(Action Taken) Air sea rescue units enroute.


20

Crew still aboard the vessel.

Grenada Lead Agency activating National Contingency Plan and has commenced aerial surveillance.

Name of Other States and Territories informed Informed all other Caribbean Plan member for information alert only at this time.

4 . 6 E X A M P L E : C A R I B P O L R E P M E S S A G E N O . 2

(Heading) Date Time Group: 181645GMT

From: Lead Agency Grenada

To: REMPEITC-Carib, Curaçao – Netherlands Antilles.

Pass To: Trinidad Lead Agency for Action.

(Subject) Caribpolrep No 2: M.T. West Passage leaking oil.

(Situation) Tankship M.T. West Passage on fire, leaking oil, and in danger of sinking.

Date and Time: Fire reported 180745 GMT

Position: Vessel now dead in the water at 12�-30'N 61�-15'W.

Incident: Vessel sustained engine from fire which spread to cargo tanks and is out of control. Crew has abandoned vessel and air sea rescue units on scene. Vessel contains 156,000 tons of Arabian crude. Oil slick observed from aerial observations to be spreading west north west. Slick 1/2 mile wide and 8 miles long.

Wind Direction Wind is from 140 degree at 15 miles per hour. and Speed:

Current: Current is towards 270� at approximately 1 Kt. per hour.

Sea State Wave height 4 feet and visibility is 10 miles. and Visibility:

Request Assistance: Request vessel dispersant spray equipment and available dispersant chemicals. Inform the Grenada Lead Agency of the quantity and type available. Request dispersant spray operating personnel to accompany equipment.

Estimate Cost: If known, cost of rental rate for dispersant spray equipment, dispersant spray chemicals by the drum and daily charges for operating personnel.

Assistance to Where and How: Assistance needed at mobilization area at the Port of St. George, Grenada as soon as possible. Please arrange air transportation equipment and operating personnel.

(Action Taken) Grenada Response Agency assuming on scene responsibility for pollution abatement in Grenada's

EEZ. Chemical dispersant response to oil at sea initiated.

Name of Other Pass to St. Vincent, Tobago, St. Lucia for information. States Informed:


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C H A P T E R 5 . E Q U I P M E N T AVA I L A B L E

C A R I B B E A N S U B - R E G I O N

5 . 1 E q u i p m e n t L o c a t i o n a n d O w n e r s h i p

5.1.1 Pollution abatement equipment available in the Caribbean area is, for the most part,

located in Aruba (Coastal refinery N.V.), Bonaire (BOPEC), Curaçao (ISLA), Puerto Rico, St.

Croix (under the MSRC organization), St. Eustatius (Statia Terminals), Trinidad and Venezuela.

Additional equipment is available to the Caribbean area, on short notice, through a number of

U.S. Commercial contractors. Clean Caribbean and the Americas (CCA) has stockpiled

equipment in Fort Lauderdale, Florida for members use, and under certain conditions, non-

members use.

5.1.2 The Caribbean Plan envisions that each Island State or Territory should have the

capability to effectively respond to an oil spills resulting from oil industry and shipping operations

within its territory. This capability requires that appropriate equipment is procured, or identified

from within industry's resources, and that training and exercise programmes be established for

response techniques and management.

5.1.3 The Caribbean Plan is a Tiered Plan in that each Island State or Territory is expected

to have a minimal response capability and activation of the Caribbean Plan will occur when a spill

of persistent oil causes unexpected privation.

5.1.4 In developing a plan of action capable of inter-country response to a major oil spill and

in keeping with the objectives of the Caribbean Plan, the location of the pollution abatement

equipment within the sub- regional area is identified. However, the identification of equipment will

be limited to that equipment which is of sufficient size and capacity to be considered of value for

inter-country movement. It must also be kept in mind that the equipment located at various oil

terminals, depots, and port areas was purchased and is maintained for the protection of the

harbors and oceans where it is located. During a time of emergency, same equipment, after

mutual agreement between owners of the equipment and the Lead Agency, may be made

available for inter-country movement.


22

5.1.5 Information on the location of oil spill response equipment and materials has been

collated by the Secretariat. This information has been updated on an annual basis by means of

the publication Status of Contingency Planning or at other times that significant changes to the

availability of such resources in individual lsland States or Territories take place.

5 . 2 C h e m i c a l D i s p e r s a n t E q u i p m e n t

5.2.1 There are a number of commercial and government vessels throughout the sub-region

that are suitable for chemical dispersant spraying, however, there appears to be limited

dispersant spray systems and stockpiles of dispersant chemicals available. To enhance the

capability of dispersion of persistent oil on open oceans, before oil reaches public or

environmentally sensitive areas, each Island State or Territory should complete a policy for a

course of action for the use of dispersant chemicals within its respective territorial waters (EEZ).

The policy developed should be defined in the National Contingency Plan and if appropriate,

spray equipment and dispersant chemicals should be strategically stockpiled.

5 . 3 E q u i p m e n t L i m i t a t i o n

5.3.1 It should be recognized that the availability of equipment and materials listed cannot be

guaranteed and that the inclusion of such resources on these lists should not be construed as an

obligation to make them available. No provision has been made for the depletion of equipment at

a given site, as the decision to maintain part or all of the listed equipment is a management

decision to be made by the authority responsible for the protection of the facility where the

equipment is located.


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C H A P T E R 6 . C A R I B B E A N P L A N F O R

M O B I L I Z AT I O N O F P E R S O N N E L

A N D E Q U I P M E N T

6 . 1 P r o c e d u r e f o r I n t e r - c o u n t r y M o v e m e n t o f P e r s o n n e l a n d E q u i p m e n t

6.1.1 If after an assessment of the oil spill casualty by the affected Island State or Territory it

is decided that assistance is required from a neighboring State or Territory, a CARIBPOLREP

message shall be issued. The responding State or Territory will respond with an

acknowledgement that equipment and operating personnel can or cannot be provided.

6 . 2 P e r s o n n e l

6.2.1 To expedite the entry of emergency personnel into the requesting State or Territory, the

acknowledgement message to the requesting State or Territory shall list all personnel by name

and pertinent passport information. The message shall also include the mode of transportation

such as flight numbers, vessel name, port of entry and estimated time of arrival. The requesting

State or Territory, upon receipt of the information, shall make all arrangements for entry of the

emergency responding personnel with the National Immigration Department. Arriving personnel

will report to the On-Scene Commander and, until released, shall follow his directions and

strategies. Each member State or Territory shall have designated personnel who can be spared

to assist the other member States or Territories in case of emergency situations. Passports and

other travel documents of these designated personnel shall be kept up-to-date and ready at all

times. Information on Personnel with expertise or training in various disciplines of oil spill

response and prevention should be provided to the Secretariat in accordance with article 9(d) of

the Oil Spill Protocol to the Cartagena Convention.

6 . 3 E q u i p m e n t

6.3.1 The requesting Island State or Territory shall itemize the equipment that it desires to be

transferred to the spill site or port of entry by referencing the type, name, size, etc., from the

information available in the Equipment Section of the Caribbean Plan. The responding State or


24

Territory will contact the owner of the equipment and determine the availability of the equipment

and so advise the requesting State or Territory.

6.3.2 When the equipment has been assembled for shipment, the responding State or

Territory will notify the requesting State or Territory of the mode of transportation and the

estimated time of arrival at the spill site or port of entry. Ownership of all equipment will be clearly

identified by labels indicating owners name and address.

6.3.3 The requesting State or Territory, upon receipt of the information that the equipment is

ready for shipment, shall notify the national customs department for entry of the equipment

without assessment, duty payments or unnecessary delays.

6.3.4 When the requesting country has finished with the equipment, it will clean each piece of

equipment and make any necessary repairs to ensure that the equipment is returned to the

responding country in good working order. The equipment will be inventoried against the shipping

documents, noting any missing or excessively damaged equipment. After the equipment has

been returned, the Lead agency will arrange for the equipment to be returned to the owner. The

owner will make a final inspection of the equipment and promptly notify the Lead Agency of any

discrepancies.


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C H A P T E R 7 . F I N A N C I A L P R O C E D U R E F O R

M O V E M E N T O F P E R S O N N E L A N D

E Q U I P M E N T

7 . 1 P e r s o n n e l

7.1.1 The Caribbean Plan envisions the movement of specialized personnel between member

States or Territories who are trained to operate pollution abatement equipment. These personnel may

be qualified as skimmer operators, dispersant equipment operators, flight crews for dispersant

spraying aircraft or as operators for other technical equipment. The Caribbean Plan does not envision

the inter-country movement of unskilled personnel but, in the event a need arises for a labour force to

be moved inter-country, they can be mobilized under the Caribbean Plan. Unless special

arrangements are made between the Lead Agencies during the time of mobilization concerning the

funding associated with the movement of personnel, the following procedures will be adhered to.

7.1.2 After an agreement is reached between the Focal Point Agencies as to the number and

qualifications of the personnel needed to assist the requesting State or Territory, the responding State

or Territory will purchase round trip airfare tickets to the requesting State or Territory for the

responding personnel. Wages for the assisting personnel will be paid by the responding State or

Territory for the duration of the time the personnel are away from their home State or Territory or

place of normal employment.

7.1.3 All living expenses for the responding personnel will be paid by the requesting State or

Territory who will be responsible for subsistence and quarters for the responding personnel (paid at

the applicable United Nations Daily Subsistence Allowance). Unless otherwise agreed between the

Focal Point Agencies of the requesting and responding States or Territories, the normal length of stay

for personnel working away from their home country will not exceed 60 days.

7.1.4 When the responding personnel return to their normal place of employment, the responding

Lead Agency will prepare an invoice for services rendered in keeping with its published price list. The

invoice will include the transportation cost associated with mobilization and demobilization of the

responding personnel. All personnel will be listed on a Daily Work report which will indicate job title,

hours worked, hourly rate, and other incurred expenses.


26

7.1.5 The Focal Point Agency of the responding State or Territory will submit the invoice for

personnel services to the Focal Point Agency of the requesting State or Territory, who will make

prompt payment. The requesting State or Territory will, in turn, include the paid invoice from the

responding State or Territory in the final invoice, which will be submitted to the spiller or his insurance

carrier for reimbursement.

7.1.6 In the event any personnel are injured or become ill, the requesting State or Territory will be

responsible for all the expenses incurred while in its jurisdiction and for other expenditures involved in

the repatriation of injured or ill personnel.

7 . 2 E q u i p m e n t

7.2.1 The Caribbean Plan envisions the inter-country movement of specialized equipment which

may be located at various sites within member States or Territories. After a request has been

received from the Focal Point Agency of the requesting State or Territory and agreed to by the Focal

Point Agency of the responding State or Territory, the responding State or Territory will make all

arrangements for the transportation of the pollution abatement equipment to a place of

disembarkation. When all of the equipment has arrived at the mobilization areas, the responding

State or Territory will arrange for further air or sea transportation of the equipment to the spill site or

other agreed upon destination. All equipment will be clearly identified as to the owner and storage

location, as equipment may become commingled with equipment from a number of sources.

7.2.2 The Lead Agency of the responding State or Territory will prepare an invoice for use of the

equipment, including all mobilization and demobilization cost. Rental rates for the equipment will be

shown on a Daily Work Report which will correspond with the published price list as shown in the

National Contingency Plan. Any missing or severely damaged equipment will be listed on the invoice.

The complete invoice for the use of the pollution abatement equipment will be forwarded to the Focal

Point Agency of the requesting State or Territory, who will make prompt payment to the responding

State or Territory. The Lead Agency of the requesting State or Territory will include the paid invoice

from the responding State or Territory in the final invoice, which will be submitted to the spiller or his

insurance carrier for reimbursement.

7 . 3 O b l i g a t i o n t o P a y f o r S e r v i c e s R e n d e r e d

7.3.1 In all cases, unless other arrangements have been agreed to, the requesting State or

Territory is obligated to pay the responding State or Territory for their cost of mobilization and

demobilization of personnel and equipment, including the wages for responding personnel and the

rental rate for the equipment requested.


27

C H A P T E R 8 . I N T E R V E N T I O N A N D C O S T

R E C O V E R Y

8 . 1 I n t e r e s t s R e l a t e d t o t h e S h i p ; T h e S h i p o w n e r

General rights and obligations

8.1.1 There may be a great diversity of ownership or possessory interests in a ship. The

main ones which an Island State or Territory are likely to encounter in a marine pollution

emergency are the shipowner, bareboat charterer, manager or operator. The role of the

shipowner is discussed here. The term "shipowner" is used, although in some cases a ship may

be owned by more than one entity in equal or unequal shares. In such cases, there is usually an

agreement between the different owners that one of them will take operational decisions on

behalf of all of them, and joint ownership only becomes of particular interest when recovery of

damages is sought.

8.1.2 Unless there is a bareboat charterer or manager of the ship, the shipowner is normally

the entity responsible for the operation of the ship, and the master will be the agent of the

shipowner for that purpose, at least until direct contact is established between the Island State or

Territory and the shipowner.

8.1.3 The interests in the ship are protected under international law to a considerable extent.

Not only is there freedom of navigation on the high seas, but ships are entitled to the right of

innocent passage through territorial seas. These rights of the ship are, however, affected when a

marine pollution emergency occurs which threatens or actually causes damage to an Island State

or Territory or its territorial sea, so that the State or Territory may, in accordance with international

law and its own internal law, take steps which interfere with those freedoms.

8.1.4 The first concern of the shipowner in a marine pollution emergency will be to see that

the ship and all the life thereon is preserved, and that as much as possible of the cargo which he

has contractually undertaken to deliver to the destination named in the bill of lading is so

delivered. He is therefore concerned to protect both his proprietary interest in the ship, and his

contractual obligations concerning the cargo. If the ship is aground, he will want to arrange for it

to resume its voyage as soon as practicable, and this will rightly be the primary focus of his


28

immediate concern, rather than the effect upon the sea or coast of polluting substances which

may have escaped or may be threatening to escape. Because he may be liable to pay

compensation for pollution caused, the shipowner can be expected, however, either through the

master or directly from his office, to liaise with all others who are directly concerned with the ships

emergency.

In addition to the general rights and obligations concerning the operation of the ship, the

shipowner may have certain specific obligations concerning; (1) a document to be developed and

carried on board for oil pollution preparedness and response; (2) notification of the marine

pollution emergency to the nearest Island State or Territory; (3) pollution response and clean-up;

and (3) compensation.

Shipboard Oil Pollution Emergency Plan

One of the salient documents required to be developed and carried on board for oil pollution

preparedness and response is a Shipboard Oil Pollution Emergency Plan. Since 4 April 1993,

every oil tanker of 150 gross tonnage and above and every ship other than a tanker of 400 gross

tonnage and above have had to carry on board such a Plan approved by the flag State.

In the case of ships built before 4 April 1993, this requirement shall apply from 4 April 1995

(regulation 26 of Annex 1 of the International Convention for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73178), and article 3

of the International Convention on 0il Pollution Preparedness, Response and Co-operation, 1990

(OPRC 1990), which entered into force on 13 May 1995). Such a Plan shall be in accordance

with the Guidelines for the development of Shipboard 0il Pollution Emergency Plans developed

by IMO. The Plan shall consist of:

1. the procedure to be followed by the master or other persons to report an oil pollution incident;

2. the list of authorities or persons to be contacted In the event of an oil pollution incident; and

3. a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil following the incident

The International Management Code for the Safe Operation of Ships and for Pollution Prevention

(ISM Code) which went into force on 1 July 1998 by amendments to the International Convention

for the Safety of Life at Sea, 1974 (SOLAS 1974), also requires “emergency preparedness", i.e.,

"the Company should establish procedures to identify, describe and respond to potential

emergency shipboard situations". In the ISM Code, the Company means "the owner of the ship or


29

any other organization or person such as the manager, or the bareboat charterer, who has

assumed the responsibility for operation of the ship from the shipowner and who, on assuming

such responsibility, has agreed to take over all duties and responsibility imposed by the Code"

(regulation XI/1 of SOIAS 1974 and paragraph 1.1.2 of the ISM Code).

Please refer to more detailed information further in this chapter. Also refer to the new chapter IX

of SOLAS 1974 and the ISM Code.

8 . 2 N o t i f i c a t i o n

8.2.1 Most shipowners are obliged by an applicable regulation (under the law of the flag

State or an Island State or Territory, either or both of which may derive from international

conventions to which these States are Party) to notify the nearest State or Territory of the marine

pollution emergency which has arisen. Normally this obligation will fall upon the master of the

ship, but if the ship has been abandoned, or if the master's report is incomplete, then the

obligation on the shipowner to make a report may arise. The obligation to report, which parties to

MARPOL 73/78 undertake to implement in their internal law for ships registered in their territory is

contained in Protocol I to that Convention. (Article 4 of OPRC 90 is to similar effect.)

8 . 3 P o l l u t i o n R e s p o n s e a n d C l e a n - U p

8.3.1 The ability of a shipowner to take pollution response and clean-up measures, or to

contribute to the efforts of others in this regard, will vary enormously from shipowner to

shipowner. Obligations under the International Convention on Salvage, 1989 may also apply if a

salvage contract is entered into. Under Article 8(2) of the Convention the owner will be under a

duty to the salvor to cooperate fully with him during the course of the salvage operations and, in

so doing, to exercise care to prevent or minimise damage to the environment.

8.3.2 Under most insurance contracts, and indeed under the general principles of many

systems of insurance law, even though he is insured the shipowner must act as a prudent person

without insurance, and therefore he must within his capabilities so act as to minimize his potential

liabilities. The clause in the insurance contract which enshrines this principle is often called the

"sue and labour" clause. The principle is simple: a shipowner should not be allowed to so act that

the liabilities which the insurer has underwritten will be increased, if an alternative course of

action is open to him. Therefore Island States and Territories should find the shipowner very

cooperative in any efforts the State or Territory wants to make which would have the effect of

reducing the shipowner's ultimate potential liability, although in the past there have been some

cases where this has not been so. Often, disagreement arises over whether a proposed action


30

will indeed have that effect, with the shipowner and the State or Territory taking directly opposed

views. In any event, whatever response and clean-up assistance the shipowner himself is able to

muster, he will normally have behind him the resources of his liability underwriter (usually a P & I

Club) and the technical advice and services which they have access to. In practice, the liability

underwriter is usually very closely involved.

8.3.3 The duties under all three of these contracts, if they apply, are owed to different people

- the first, to the liability underwriter; the second to the underwriter. None are owed to the Island

State or Territory, although the State or Territory may well become involved in the owner's

implementation of them.

8 . 4 C o m p e n s a t i o n f o r ( o i l ) p o l l u t i o n d a m a g e

8.4.1 The laws relating to compensation for oil pollution damage and the cost of taking

preventive measures is a highly technical one and a summary of all the relevant provisions and

principles is beyond the scope of this document. However, the State or Territory and others need

to bear in mind the question of cost recovery when deciding what measures to take in a marine

pollution emergency. It should be noted that the discussion in this part of the document concerns,

for most part, liability and compensation regimes derived from international conventions.

8.4.2 The international system of liability and compensation created by conventions is unique

in the field of environmental pollution. Of particular importance is the fact that the regime applies

regardless of whenever or not the tanker (ship) causing the spill was at fault. Claimants can

therefore receive compensation promptly, without the need for length and costly legislation. This

also ensures that Government authorities can take action to prevent or minimize pollution

damage in the knowledge that, as long as their actions are reasonable for the circumstances, the

cost they incur will normally be reimbursed. Further details on the international conventions on

liability and compensation are provided hereafter (based on publications of IOPC and ITOPF).

8 . 5 T h e C i v i l L i a b i l i t y a n d F u n d C o n v e n t i o n s

The international compensation regime for damage caused by spills of persistent oil from laden

tankers was based initially on two IMO Conventions - the 1969 International Convention on Civil

Liability for Oil Pollution Damage (1969 CLC) and the 1971 International Convention on the

Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund

Convention). This 'old' regime was amended in 1992 by two Protocols, which increased the

compensation limits and broadened the scope of the original Conventions. In October 2000

agreement was reached on increasing the limits of the 1992 CLC and Fund Convention by a little


31

over 50% with effect from 1st November 2003. In May 2003 a Supplementary (‘third tier’) Fund

was established at the IMO through a new Protocol that will increase the amount of compensation

in States that ratify it to about US$1,160 million (including the amounts paid under the 1992 CLC

and Fund Convention).

The 1969 CLC entered into force in 1975 and lays down the principle of strict liability (i.e. liability

even in the absence of fault) for tanker owners and creates a system of compulsory liability

insurance. Claims for compensation for oil pollution damage (including clean-up costs) may be

brought against the owner of the tanker which caused the damage or directly against the owner's

P&I insurer. The tanker owner is normally entitled to limit his liability to an amount which is linked

to the tonnage of the tanker causing the pollution.

The 1971 Fund Convention provided for the payment of supplementary compensation to those

who could not obtain full compensation for oil pollution damage under the 1969 CLC. The

International Oil Pollution Compensation Fund (1971 IOPC Fund) was set up for the purpose of

administering the regime of compensation created by the Fund Convention when it entered into

force in 1978. By becoming Party to the 1971 Fund Convention, a country became a Member of

the 1971 IOPC Fund. Payments of compensation and the administrative expenses of the 1971

IOPC Fund were financed by contributions levied on companies in Fund Convention countries

that received crude oil and heavy fuel oil after sea transport.

In 1992, a Diplomatic Conference adopted two Protocols amending the 1969 CLC and 1971 Fund

Convention, which became the 1992 CLC and 1992 Fund Convention. These 1992 Conventions,

which provide higher limits of compensation and a wider scope of application than the original

Conventions, entered into force on 30th May 1996. As in the case of the original Conventions, the

tanker owner and P&I insurer are liable for the payment of compensation under the 1992 CLC,

and oil receivers in countries that are party to the 1992 Fund Convention are liable for the

payment of supplementary compensation through the 1992 IOPC Fund. As more States ratified

or acceded to the 1992 Conventions, the original Conventions rapidly lost significance and the

1971 Fund Convention was terminated altogether on 24th May 2002.

On 3 March 2005 a third tier of compensation was established by means of a Supplementary

Fund under a Protocol adopted in 2003. So far eleven States have ratified the Protocol.

The Supplementary Fund provides additional compensation over and above that available under

the 1992 Fund Convention for pollution damage in the States that become Parties to the Protocol.

As a result, the total amount available for compensation for each incident for pollution damage in

the States which become Members of the Supplementary Fund is 750 million SDR (US$1 095


32

million), including the amounts payable under the 1992 Civil Liability Convention and the 1992

Fund Convention, 203 million SDR (US$296 million).

The Supplementary Fund only pays compensation for pollution damage for incidents which occur

after the Protocol has entered into force for the State concerned.

Membership of the Supplementary Fund is optional and any State which is a Member of the 1992

Fund may join the Supplementary Fund.

Annual contributions to the Supplementary Fund will be made in respect of each Member State

by any person who, in any calendar year, has received total quantities of oil exceeding 150 000

tonnes after sea transport in ports and terminal installations in that State.

However, the contribution system for the Supplementary Fund differs from that of the 1992 Fund

in that, for the purpose of paying contributions, at least 1 million tonnes of contributing oil will be

deemed to have been received each year in each Member State.

Example:

Maximum amounts of compensation available under the Conventions (expressed in US$ millions

– rates as at January 2005)

TANKER'S GROSS

TONNAGE 1969 CLC 1992 CLC

(post-Nov 2003) 1992 FUND

(post-Nov 2003) Supplementary

FUND

5,000 1.0 7.0 313.7 1158.925,000 5.2 26.4 313.7 1158.950,000 10.3 43.8 313.7 1158.9

100,000 20.5 99.6 313.7 1158.9140,000 21.6 138.7 313.7 1158.9

Note: The limits of liability under the various regimes are based on specified units of account

(Special Drawing Right - SDR). The value of an SDR in terms of a national currency varies. For

the purpose of this composition all the limits are expressed in US dollars, based on a rate of

exchange of 1 SDR=US $ 1.54 (January 2005). The maximum amount of compensation

potentially available under each of the various regimes is, in many cases, inclusive of amounts

that would be payable under another regime. For example, the maximum amount of

compensation available under the 1992 Fund Convention is inclusive of compensation payable by

the tanker owner under the 1992 CLC. The maximum amounts listed above should therefore not

be aggregated when determining the total amount of compensation which may be available in a

specific incident.


33

Observation:

The advantages for a State or Territory being Party to the 1992 Civil Liability Convention and the

1992 Fund Convention can be summarised as follows. If a pollution incident occurs involving a

tanker, compensation is available to governments or other authorities which have incurred costs

for clean-up operations or preventive measures and to private bodies or individuals who have

suffered damage as a result of the pollution. For example, fishermen whose nets have become

polluted are entitled to compensation, and compensation for loss of income is payable to

fishermen and to hoteliers at seaside resorts. This is independent of the flag of the tanker, the

ownership of the oil or the place where the incident occurred, provided that the damage is

suffered within a State Party.

As mentioned above, the 1969 Civil Liability Convention and the 1971 Fund Convention have

been denounced by a number of States, and the 1971 Fund Convention ceased to be in force on

24 May 2002. Moreover, the 1992 Civil Liability Convention and the 1992 Fund Convention

provide a wider scope of application on several points and much higher limits of compensation

than the Conventions in their original versions. For these reasons, it is recommended that States

or Territories which have not already done so should accede to the 1992 Protocols to the Civil

Liability Convention and the Fund Convention (and not to the 1969 and 1971 Conventions) and

thereby become Parties to the Conventions as amended by the Protocols (the 1992

Conventions). The 1992 Conventions would enter into force for the State in question 12 months

after the deposit of its instrument(s) of accession.

States or Territories which are already Parties to the 1969 Civil Liability Convention are advised

to denounce that Convention at the same time as they deposit their instruments in respect of the

1992 Protocols, so that the denunciation of that Convention would take effect on the same day as

the 1992 Protocols enter into force for that State or Territory.

As regards the Supplementary Fund Protocol, a State or Territory will have to consider whether,

in the light of its particular situation, ratification of the Protocol is in the interests of that State.

Contacts:

For more detailed information on the Conventions and specific knowledge regarding the

compensation system, claims and assistance see:

www.iopcfiund.org or www.itopf.org

Or contact the;


34

International Oil Pollution Compensation Fund Portland House Stag Place London SW1E 5PN United Kingdom Tel: +44 (0)20 7592 7100 Fax: +44 (0)20. 7592 7111 Email: [email protected]

International Tanker Owners Pollution Federation 1 Oliver's Yard 55 City Road London EC1Y 1HQ United Kingdom Tel: +44 (0)20 7566 6999 Tel: +44 (0)870 428 6901 Fax: +44 (0)20 7566 6950 Email: [email protected]

8 . 6 O i l s p i l l c o m p e n s a t i o n i n S t a t e s w h i c h h a v e n o t r a t i f i e d t h e i n t e r n a t i o n a l C o n v e n t i o n s

Some countries which have not ratified the international compensation Conventions will have

their own domestic legislation for compensating those affected by oil spills from tankers. Some of

these may be highly specific, such as the Oil Pollution Act of 1990 in the USA, whereas other

countries may rely on broader laws originally developed for other purposes.

8 . 7 B u n k e r S p i l l s C o n v e n t i o n

Recognition of the problems that can be caused by spills of heavy bunker fuel from non-tankers

led to the adoption of the International Convention on Civil Liability for Bunker Oil Pollution

Damage at a Diplomatic Conference in March 2001.

This IMO Convention seeks to ensure that adequate compensation is promptly available to

persons who are required to clean up or who suffer damage as a result of spills of ships' bunker

oil, who would not otherwise be compensated under the 1992 CLC. Although strict liability under

the Bunker Spills Convention extends beyond the registered owner to the bareboat charterer,

manager and operator of the ship, the Convention only requires the registered owner of ships

greater than 1,000 GT to maintain insurance or other financial security. The level of cover must

be equal to the limits of liability under the applicable national or international limitation regime, but

in no case exceeding the amount calculated in accordance with the Convention on Limitation of

Liability for Maritime Claims, 1976, as amended.

The Bunker Spills Convention will enter into force 12 months after it has been ratified by 18

States, including five States with ships whose combined gross tonnage is not less than one

million GT.

8 . 8 H N S C o n v e n t i o n


35

The International Convention on Liability and Compensation for Damage in Connection with the

Carriage of Hazardous and Noxious substances by Sea (HNS Convention) was adopted by the

IMO in May 1996. It aims to ensure adequate, prompt and effective compensation for damage

that may result from shipping accidents involving hazardous and noxious substances.

The Convention entitles claimants to compensation for loss or damage to persons, property and

the environment caused by incidents involving cargoes of oil, gases and chemicals, plus other

substances which are hazardous in packaged form. Pollution damage caused by persistent oils

already covered by the CLC and Fund Convention is excluded, as is damage caused by

radioactive materials and coal.

The HNS Convention is modelled on the CLC and Fund Convention. Thus, the shipowner (and

his P&I insurer) is strictly liable to pay the first tier of compensation whereas the second tier

comes from a fund levied on cargo receivers in all Contracting States on a post-event basis.

Shipowner liability ranges from SDR 10 million (about US$ 15 million) for ships up to 2,000 GT,

rising linearly through SDR 82 million (about US$ 126 million) for ships of 50,000 GT, to a

maximum of SDR 100 million (about US$ 154 million) for ships over 100,000 GT. It is compulsory

for all ships over 200 GT to have insurance to cover the relevant amount.

An HNS Fund (which will most likely be administered by the secretariat of the 1992 IOPC Fund)

provides compensation up to a total of SDR 250 million (US$ 385 million), inclusive of shipowner

liability but irrespective of ship size. The HNS Fund will comprise four separate accounts for oil,

LPG, LNG and a general account for other HNS substances such as bulk solids and chemicals.

Each separate account will meet claims attributable to the relevant cargo without cross

subsidisation and will be funded in proportion to total receipts of relevant cargoes in Contributing

States.

The HNS Convention will enter into force 18 months after ratification by 12 flag States, including

four States each representing 2 million GT and Port States importing an annual aggregate of 40

million tonnes of chemicals and other solid bulk materials which are hazardous in packaged form.

8 . 9 O t h e r I n t e r n a t i o n a l M a r i t i m e C o n v e n t i o n s

Other Conventions with relevance to marine pollution include the International Convention for the

Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 ("MARPOL") and

the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990

("OPRC 90").


36

8 . 1 0 T h e L i a b i l i t y U n d e r w r i t e r

8.10.1 The third party liabilities of the shipowner, and of any bareboat charterer, manager or

operator of the ship, will be insured by any prudent entity, and in the case of the shipowner's

liability under the Liability Convention, it must be insured by virtue of the Convention's compulsory

insurance provisions if the ship carries more than 2,000 tons of oil in bulk as cargo. This

insurance is in most cases provided by a Protection and Indemnity Association which cover over

90% of the world’s ocean-going shipping. These associations are commonly referred to as P & I

Clubs, the word Club being used because the insurance they provide is arranged on a mutual

basis. Same account of the structure of P & I Clubs is relevant here, as this helps to account for

the particular character of these organisations, which affects the way they are able to interact with

Island States and Territories in a marine pollution emergency.

Examples of coverage offered by a P &I Club are:

1. personal injury to or injury or loss of life of crew members and passengers, and loss of their effects;

2. one fourth of collision liability;

3. excess collision liability, including payments In excess of the limit of the hull policies and items of claim excluded from policies such as oil pollution, dock damage. wreak removal and loss of life, personal injury and illness;

4. oil pollution liabilities;

5. other claims for damage to property, including damage to other ships and their cargoes without collision, and dock damage;

6. towage contract liabilities;

7. removal of the wreak of an entered ship; and

8. liabilities for loss or damage to cargo and other property on board an entered ship.

It should be borne in mind that a P & I Club covers only the shipowner's legal liabilities in the

sense of damage or compensation which the owner is legally obliged to pay to others, together

with certain other losses, costs and expenses which are specified in the terms of the insurance

given to shipowners.

8.10.2 A P & I Club is an association of shipowners and others with similar interests in ships -it

excludes time and voyage charterers, for instance. The association is managed either by a board

or by a separate organisation such as a partnership, in each case appointed by the members.

The association insures its members against their third party liabilities on terms specified in the P


37

& I Club's Rules, and it raises the funds to enable it to do so by calling up the necessary sums

from its members. After taking a certain measure of the risk itself, a Club will usually arrange

reinsurance, first by a pooling arrangement with other P & I Clubs for a certain amount, and then

on the open market. The largest group of P & I Clubs is the International Group of P & I Clubs.

Once a claim exceeds the limit of reinsurance, the individual Club in which the member

concerned is entered will reassume the risk itself, or may further pool it with other P & I Clubs.

The availability of coverage for Oil pollution risks varies from year to year according to what the

reinsurance market will bear. For example, for the year to 20th February 1999, the basic limit was

$US 500 million, although extra cover was also available. However, it should be recognised that

such sums will rarely be available to the claimants since a shipowner will normally be able to limit

his liability to soma les ser amount in accordance with the applicable Liability Convention.

8.10.3 Because the insurance offered has always related to liabilities, P & I Clubs have

traditionally had a strong legal expertise amongst their management, and many of those with

whom a State or Territory would have to deal in the case of a marine pollution emergency will not

only be qualified lawyers, but they will have had experience of handling pollution claims in many

parts of the world. By contrast, the officials of the State or Territory may be dealing with a marine

pollution emergency for the very first time.

8.10.4 The main job of the liability underwriter in a marine pollution emergency is to handle all

claims against their members and to pay the valid ones. Under the terms of the insurance, the

underwriter will normally have the right to take over the handling of all claims above a certain

amount, and because of this the underwriter will usually get involved in decisions which affect the

eventual size of a claim right from the beginning, even before any formal claim is raised. For this

and for other reasons, in a marine pollution emergency the State or Territory may find that very

early on the most important person he is dealing with on the shipowning interests side is not the

shipowner himself, but his liability underwriter and its representatives (and the applicable IOPC

Fund, if potentially involved). In the text, which follows, the liability underwriter is assumed to be a

P & I Club, since P & I Clubs account for the vast majority of all shipowners pollution liability

insurance world-wide.

8.10.5 The first thing the P & I Club might do is to put up financial security to ensure the

release of the ship, where the ship has been arrested. This is commonly done either by the

claimant accepting a letter of guarantee from the P & I Club itself, or by the P & I Club arranging

such a letter of guarantee or bond with a local bank. The shipowner may need help with removing

the crew from the ship, or with repatriating them, or the master or other officer may need help with

local officials who are holding them against the payment of a possible fine. The P & I Clubs have


38

legal and other representatives in many ports al! over the world, and either directly or through

them are able to provide such assistance.

8.10.6 In an oil pollution case the P & I Clubs (as well as the IOPC Funds) have a very close

relationship with The International Tanker Owners Pollution Federation Limited (ITOPF). ITOPF

will be called in by the shipowner or his P & I Club in almost every case of oil pollution of any size,

so that now it probably has more experience in the practical aspects of response and clean-up,

and in deciding upon the reasonableness of action taken, than any other organisation. The ITOPF

representative on-site is also likely to be representing the technical aspects of the applicable

IOPC Fund, if they too are involved. They are therefore able to advise all parties likely to be

involved in payment and compensation on the type and extent of oil pollution which has occurred,

what effect it is likely to have under different scenarios and what needs to be done to minimise or

prevent any adverse impacts. This advice is also available to the State or Territory and in many

cases the State or Territory has sought ITOPF's advice and assistance on the pollution response

and clean-up.

8.10.7 Where the pollution is of same other type, the P & I Club will still often use ITOPF as its

technical advisers or it may seek assistance of a similar type from other sources. Sometimes, the

entity most familiar with the polluting substance is the cargo owner, since it is often he who deals

with it on a day-to-day basis. Sometimes, an industry body or: the manufacturer of the polluting

substance is able to provide technical help.

8.10.8 The P & I Club will also be involved in the decision concerning a possible lightering of

the ship, since the owners of the lightering vessel will usually demand a complete indemnity from

the shipowner against any liabilities which they may incur as a result of undertaking the lightering,

and the shipowner will want to ensure that his P & I Club will be insuring his liability under that

indemnity. If the ship is a wreck and needs to be removed, then again the P & I Club will be

involved, since wreck removal is one of the risks, which they insure.

8.10.9 When the time comes for claims to be presented to the shipowner or others

responsible, except in a small case, it will normally be the P & I Club who is the entity with which

the claimant will have to deal -in fact, under the Liability Conventions there are even provisions

for oil pollution damage claims to be brought directly against the liability underwriter. Not only will

the P & I Club negotiate claims with the claimant (directly or through local lawyers or agents), but

also if legal proceedings are commenced, it will usually be the P & I Club that takes the decisions

concerning how the claim is defended. In all claims, the P & I Clubs aim to provide a service to

their members, and part of that service is to ensure that only provable, valid claims are actually

paid. Claims, which are unreasonable or cannot be supported by evidence, will normally be


39

vigorously resisted with all the considerable expertise of the Club. Conversely, well-presented

valid claims are normally paid as scan as possible. In the case of pollution claims the P & I Clubs

will cooperate closely with the relevant IOPC Funds when they are involved.

8 . 1 1 T h e M a s t e r

8.11.1 The master is the officer aboard ship entrusted with the prosecution of the entire

maritime adventure. He is, therefore, responsible for the safety of ship, cargo, and all personnel

aboard, and he will take such action as he can to achieve this as soon as the incident giving rise

to the emergency occurs. He will give priority to saving life. His responsibility and authority are

further described in the ISM Code – SOLAS ’74.

The master is usually the person responsible for making notification to the nearest coastal State

of the incident giving rise to the marine pollution emergency.

8.11.2 Regulation 26 of annex I of MARPOL 73/78 requires that every Oil tanker of 150 tons

gross tonnage and above and every other ship other than an Oil tanker of 400 tons gross tonnage

and above shall carry onboard a shipboard Oil pollution emergency plan approved by the Flag

State. Regulation 26 also requires that the plan be in accordance with guidelines developed by

IMO and should consist at least of: the procedure to be followed by the master or other persons

having charge of the ship to report an Oil pollution incident; the list of authorities to be contacted

in the event of an Oil pollution incident; a detailed description of the action to be taken

immediately by persons onboard to reduce or control the discharge of Oil following an incident;

and the procedures and point of contact on the ship for co-ordinating shipboard activities with

national and local authorities in combating the pollution.

8.11.3 The master is in most, if not all, systems of law the agent of the shipowner in the

navigation and shipboard management of the ship. Where the cargo is in danger, he is usually

also deemed the agent of the cargo owner insofar as any action to save the cargo is taken.

States or Territories may therefore deal with the master in confidence that his word will be that of

the shipowner and cargo owner insofar as the security of ship and cargo are concerned, when

their owners are themselves not in contact with the State or Territory.

8.11.4 Now that telecommunications are sophisticated, in a marine pollution emergency a

master will often be in direct contact with his shipowners office once the emergency has arisen,

so that in fact the shore-side management may become involved in the decisions which are

apparently being made by the master alone; in this way the discharge of his responsibilities may

be shared. However, it is worth noting that whether he is in contact with his shore-side office or


40

not, the masters considerable responsibility may very well lay heavily upon him now that the

marine pollution emergency has arisen, and the pressure on him may be very great. He may very

well feel personally responsible for what has happened. In many cases, an enquiry may follow

which could result in his license being suspended or revoked. There may be considerable danger

in staying aboard ship. It is important that anyone dealing with the master during or in the

immediate aftermath of the marine pollution emergency be aware of these possibilities and act

accordingly.

8 . 1 2 O t h e r P r i v a t e I n t e r e s t s

8.12.1 The ship may be owned by one entity, such as a bank or other financial institution, and

leased or bareboat chartered, to another entity. This is a common method of financing, whereby

the shipping company which wants to use the ship has the possession of it, but the bare legal

ownership resides in the institution which puts up the money for its purchase. The relationship

between the shipowner and the lessee or bareboat charterer is governed by a contract of lease or

bareboat charter -for our purposes there is no significant difference, so we shall refer to 'the

bareboat charterer' below. In this connection, it should be noted that the bareboat charterer will

be required to comply with the requirements of theism Code.

8.12.2 It is the bareboat charterer who has the possession of the whole ship, and it is

therefore he who is responsible for the commercial and operational management of the ship, and

not the shipowner. Thus, where this type of arrangement is in operation, the master will not be the

agent of the shipowner but the agent of the bareboat charterer, and the latter will, with the

following exceptions, fulfil all the roles and functions, so that for most purposes one can read

'bareboat charterer' for 'shipowner'.

8.12.3 The notable exception concerns the liability of the shipowner under the Liability

Conventions, which cannot be directly assumed by any other person. Another possible exception

concerns the International Convention on Salvage, 1989, which places an obligation on the owner

to cooperate with a salvor and in so doing to .exercise due care to prevent or minimise damage to

the environment. The Convention does not define 'owner', and so it is left to each State Party to

define it in its own legislation. Such legislation mayor may not provide that a bareboat charterer

shall be in the same position as an owner in this respect.

8.12.4 Another common arrangement which may complicate the picture still further on the side

of the interests in the ship is for there to be ship managers or operators appointed to run the day-

to-day, non- commercial side of the ship's operation. Managers would normally be responsible for

providing the officers and crew and ensuring the ship is maintained and insured. Operators have


41

a similar, but lesser role. In each case the shipowner (or bareboat charterer, as the case may be)

retains the commercial control of the ship and takes the commercial risks and benefits of its

operation, deciding whether to trade it for his own account, or to charter it out. Where there is a

manager or operator (who employs the master), the master will still be the agent of the shipowner

or bareboat charterer (as the case may be) for purposes of dealing with the operation of the ship

and for salvage purposes. However, the master will additionally represent his employer, and his

act or neglect may make his employer liable for compensation. Managers and operators usually

enjoy the same rights to limit their liability as shipowners and bareboat charterers.

8 . 1 3 T h e F l a g S t a t e

8.13.1 The major role of the flag State takes place before the marine pollution emergency, for

it is the flag State which is responsible for enacting and enforcing all design and equipment

standards, all safety standards, and all crew certification and training; for issuing certificates

provided for by international conventions; for setting minimum staffing levels and standards

relating to the prevention of collisions and the prevention of pollution, and for exercising

jurisdiction and control over the ship while she is on the high seas. However, there are obligations

on a flag State after a marine casualty has occurred.

8.13.2 Under article 12 of MARPOL 73/78, the flag State is obliged to discover the facts of a

casualty in which one of its ships has been involved if the casualty has produced a major

deleterious effect upon the marine environment, so that it can determine whether any change in

the regulatory regime is necessary. In addition, most States with sizeable fleets have made

provision for holding a marine enquiry when there is serious loss of life, and under Regulation

1/21 of SOLAS 1974, a flag State must hold such an enquiry when it judges that such an

investigation may assist in determining what charges in the SOLAS 1974 regulations might be

desirable. Apart from SOLAS 1974 as modified by the Protocol of 1978 relating thereto (1978

SOLAS Protocol), the International Convention on Load Lines, 1996 (LL 1996), and MARPOL

73/78, no other international conventions currently in force make extensive provisions for the

holding of marine enquiries.

8.13.3 Under article 94(7) of the United Nations Convention on the Law of the Sea, 1982

(UNCLOS), which entered into force on 16 November, 1994, the flag State is under a more

extensive duty to hold a marine inquiry, including where there has been serious damage to ships

or installations of another State or to the marine environment, and the other State involved shall

cooperate in such an inquiry.


42

8.13.4 Under article 5(3) of MARPOL 73/78, the flag State is entitled to receive notification if

any other State party denies the ship entry to its ports or offshore terminals or takes any action

against the ship for the reason that it does not comply with MARPOL 73/78.

8.13.5 Under article 6 of MARPOL 73/78, the flag State must cooperate with other Parties in

the detection of violations and the enforcement of the provisions of the Convention; if presented

with evidence of a violation, the flag State must investigate the matter and, if satisfied that there is

sufficient available evidence for proceedings to be brought for a violation, it must instigate such

proceedings. Similar, but less detailed, provisions exist in Regulation 1/19 of SOLAS 1974 as

modified by the 1978 Protocol, article 21 of LL 1996 and article X of the International Convention

on Standards of Training and Watchkeeping for Seafarers 1978 (STCW 1978). Where a State or

Territory does present a flag State with evidence of a violation, it can always contact the flag

State to see what is the outcome of the investigation which the flag State conducts, and to offer to

assist in every way with the presentation of oral or written evidence at any subsequent legal

proceeding which the flag State may bring.

8.13.6 SOLAS 1974 was amended in May, 1994 at a SOLAS Conference to add a new

chapter IX to the Convention which is designed to make mandatory the ISM Code, which was

adopted by IMO in November, 1993 by Assembly resolution A.741(18). The ISM Code takes into

account that the most important means of preventing maritime casualties and pollution of the sea

from ships is to design, construct, equip and maintain ships and to operate them with properly

trained crews in compliance with international conventions and standards relating to maritime

safety and pollution prevention. The Code provides an international standard for the safe

management and operation of ships and for pollution prevention. The amendments entered into

force on 1st July, 1998.

8.13.7 The new chapter IX of SOLAS, 1974 applies to ships, regardless of the date of

construction, as follows:

1. passenger ships including passenger high-speed craft, not later than 1st July, 1998;

2. oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and upwards, not later than 1st July, 1998; and

3. other cargo ships and mobile offshore drilling units of 500 gross tonnage and upwards, not later than 1st July, 2002.

8 . 1 4 I n t e r e s t s R e l a t e d t o t h e C a r g o : T h e C a r g o O w n e r


43

8.14.1 The owner of the cargo at the time of the marine pollution emergency will not

necessarily be either the shipper or the consignee, for the ownership may have changed hands

once or more than once since the ship sailed. Initially, therefore , it may not be easy to establish

who owns the cargo, although the chain of enquiry will start with the shipper named in the Bill of

Lading, a copy of which will be retained on board by the master. Bulk cargoes tend to be owned

by a single entity, or perhaps by a few different entities. Packaged Cargoes, on the other hand,

are more likely to be owned by a greater variety of different entities.

8.14.2 The individual cargo owner involved in an incident is not normally liable to compensate

any person suffering pollution damage, and certainly there is no international legal regime which

makes provision for the liability of the cargo owner for such damage. However, companies in

States party to the (1971) and 1992 Fund Convention that receive crude Oil or fuel Oil after sea

transport are collectively required to contribute to compensation paid by the 1971 or 1992 IOPC

Fund.

8.14.3 Once the cargo owner becomes aware of the marine pollution emergency, his interest

will lie mainly in ensuring that as much as possible of his cargo is actually delivered to the port of

destination. This is the task which has been delegated to the shipowner, and under the Bill of

Lading or other contract governing the carriage of the cargo by sea (such as a charterparty), this

responsibility will remain with the shipowner throughout the marine pollution emergency unless

and until the shipowner abandons the voyage. For this reason the cargo owner does not normally

feature much in the 'dramatis personae' of a marine pollution emergency.

8.14.4 The cargo owner's interest extends also to a liability to contribute in general average

and salvage: in respect of both of these liabilities, he will normally be insured by the cargo

underwriter. Since the cargo owner (or the cargo underwriter using the right of subrogation) will

look primarily to the shipowner for compensation for any loss or contamination of the cargo, it can

be readily appreciated that the interests of shipowner and cargo owner are somewhat in tension.

8.14.5 The cargo owner's knowledge of the nature of the cargo will vary enormously according

to the type of entity concerned. If the cargo owner is an end-user of the type of cargo involved, he

may very well have technical people on his staff who are familiar with the behavioural

characteristics of the cargo, which is almost invariably the source of the marine pollution

emergency (the main exception being the escape of marine fuel oil or marine diesel used as

bunkers). Therefore the cargo owner may be someone to whom the State or Territory or even the

shipowner may turn for advice about the cargo and how to handle it in the emergency. If the

cargo owner is a trading company that does not use the cargo itself, such technical expertise is

less likely to be available from that source and it may have to be sought from the manufacturer of


44

the cargo, or from an industry body. One particular aspect where cargo owners have become

involved in the marine pollution emergency concerns the lightering of the stricken ship. It is not

uncommon for the cargo owner - particularly an end-user -to assist in the identification of a

suitable lightering ship to be hired for the job. It should also be noted that several countries in

Europe and North America have developed data bases which provide the user with information

on hazard identification and assessment of many of the chemicals transported by sea.

8.14.6 Under article 8(2) of the 1989 International Convention on Salvage if a salvage contract

to which that Convention applies is entered into, the owner of any property in danger -including

the cargo owner and the owner of freight at risk -is under a duty to the salvor to cooperate fully

with him during the salvage operations and, in so doing, to exercise care to prevent or minimise

damage to the environment.

8 . 1 5 I n t e r e s t s R e n d e r i n g A s s i s t a n c e : P r o f e s s i o n a l S a l v o r

8.15.1 The majority of professional salvors are members of the International Salvage Union

(ISU). This organization represents some 43 companies based in 32 different countries around

the world. The salvage companies have tugs and other salvage equipment at a number of

different ports and areas throughout the world and some of the companies have salvage tugs

stationed at various strategic locations. Some salvage tugs are being maintained at salvage

stations in certain coastal States as a result of arrangements made between their owners and

other commercial interests or the authorities in those States. When a salvage company is

engaged to assist a marine casualty they will be able to bring specialist expertise to the task

which is unique to the marine industry. Their business is not without risks, and frequently the

skills and efforts of salvage officers have saved ships and their cargoes from extreme situations.

Some companies have the ability to mobilize equipment, either from their own resources or from

elsewhere, together with expert personnel at very short notice.

8.15.2 The number of salvage tugs in operation has significantly decreased in recent years,

and those that remain are frequently engaged in ocean towage of rigs, barges, etc., on

commercial terms. However, salvage of casualties is still normally undertaken on traditional "no

cure - no pay" terms, whereby, if successful, the tug owner / salvage company will earn a reward

based upon a number of factors, including the risks from which the property was saved, the time

occupied In the services, the dangers to the salvoes property and personnel, the value of the

salved property, the skills shown by the salvors and the expenses incurred by them in rendering

the services. The 1910 Salvage Convention enshrines these principles and forms the basis of

salvage law of the States Party thereto. When the 1989 Salvage Convention entered into force on


45

14 July 1996, it replaced the 1910 Salvage Convention, thereby introducing substantial changes

to the salvage industry

8.15.3 On a traditional no cure - no pay basis if no property is saved, the salvor receives no

reward for his efforts. This basis of working obviously carries with it considerable financial risk

and a salvor therefore expects to be rewarded far more generously than an normal commercial

terms. Indeed, the 1989 Salvage Convention stipulates that "the reward shall be fixed with a view

to encouraging salvage operations, taking into account the following criteria without regard to the

order in which they are presented..." (see paragraphs l(a) to 0) of article 13 of the 1989 Salvage

Convention). Statistical data collected and published by ISU have shown that the revenue from

over 2,000 salvage services carried out between 1978 and 1992 under no cure - no pay terms

has averaged just over 6% of the property values salved. To achieve any such average there are

obviously awards at either end of the scale; however, on a traditional no cure - no pay basis, the

award cannot exceed the value of the property salved.

8.15.4 Salvage services rendered under other forms of commercial contract, I.e., "Daily Rate"

or "Lump Sum", do not call for elaboration here. Professional salvors will not normally work on

such a basis for normal salvage services. If a non-salvage commercial contract is utilized, there

will have been negotiation between the parties, who may include the coastal State. No special

limiting considerations are therefore relevant to a marine pollution emergency In such a case.

Salvage services rendered under no cure - no pay terms do, however, give rise to important

considerations for the handling of a marine pollution emergency.

8.15.5 The contract that salvors will normally offer to the master and/or owners of a ship

involved in a marine casualty will be the current version of Lloyd's Standard Form of Salvage

Agreement (LOF 1995). This form, reproduced In appendix 3, was issued by Lloyd's following the

enactment of the 1989 Salvage Convention into English law on 1 January 1995. The services to

be provided to the casualty are set out in clause l (a) of LOF 1995, namely.

The Contractor (salvor) shall use his best endeavours:

1. to salve the [ship to be named] and/or her cargo freight bunkers stores and any other property thereon and take them to [place to be named] or to such other place as may hereafter be agreed either place to be deemed a place of safety or if no such place is named or agreed to a place of safety and

2. while performing the salvage services to prevent or minimize damage to the environment


46

The Agreement Is governed under clause 1(g) by English law and provides for arbitration in

London before one of the panel of Lloyd's salvage agitators who are all lawyers experienced in

marine salvage claims.

8.15.6 LOF 1995 extends an obligation upon the Contractor originally container in the 1980

edition of Lloyd's Form which was "to prevent the escape of oil form the ship and/or her cargo

bunkers and stores". For the first time the Contractor is bound to prevent or minimize damage to

the environment. The 1989 Salvage Convention defines "damage to the environment" as

"substantial physical damage to human health or to marine life or resources in coastal or inland

waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar

major incidents" (see article l(d) of the 1989 Salvage Convention). In reality, salvors have always

made considerable efforts during any salvage operations to avoid pollution and to co-operate with

national and/or local authorities.

It Is Important to recall that a salvage agreement, be it LOF 1995 or some other form of

agreement, is normally entered into between the salvage company and the master of the ship

involved in a casualty as agent for the owners of the ship, cargo, bunkers and stores. The coastal

State is not a party, and usually is not involved in the negotiations. Salvage is a voluntary

arrangement and cannot be imposed on unwilling parties. A coastal State wishing to place a ship

under a duty to accept salvage services may, In certain cases, do so under its law, but

implementing this, if one or both parties is unwilling, may prove to be difficult

8 . 1 6 O t h e r s R e n d e r i n g A s s i s t a n c e

8.16.1 On occasions, professional salvors may need to engage the services of other

companies to assist them in the provisions of salvage services to the casualty. It will be

appreciated that no company can expect to have all the ships, other floating plant, equipment and

personnel immediately available at the site of a casualty. This may range from the provision of

tugs or anti-pollution ships through to lightering ships. Same of these units could be entitled to a

salvage award in their own right. However, where a professional salvor has been engaged, he

can be expected to organise such assistance on terms which will not lead to a proliferation of

salvage claims. This may involve utilising, for example, the International Salvage Union (ISU)

Sub-Contract Award Sharing Agreement, or other daily rate or lump sum terms.

8 . 1 7 C o a s t a l i n t e r e s t s : I n t e r v e n t i o n . R e s p o n s e . a n d C l e a n - U p

8.17.1 The different roles of the Island States or Territory's various competent authorities will

be defined in its constitution and in its National Contingency Plan. These plans vary from State to


47

State, and the considerations that should be taken into account in preparing them should include

those contained in this document. Elaboration of the process of drawing up such a plan is

covered by other documents, such as section II of the IMO Manual on Oil Pollution. Therefore,

here the roles and functions of the various competent authorities of a State or Territory will be

discussed as if there was but one, national authority to deal with the marine pollution emergency,

and this will simply be referred to as 'The Coastal State'.

8.17.2 Within OPRC 1990, salient features are stipulated in article 6 (National and regional

systems for preparedness and response) and article -7 (International co-operation In pollution

response). Specifically, under article 6, each shall:

1. establish a national system for responding promptly and effectively to oil pollution incidents which has, as a minimum, developed a national contingency plan and designated national authorities and operational focal points responsible for oil pollution preparedness and response, reporting and handling requests for assistance;

2. within its capabilities either individually or through bilateral or multilateral co-operation and, as appropriate, In co-operation with the oil and shipping industries and other relevant entities. establish a minimum level of pre-positioned oil spill response equipment, proportionate to the risk involved, and programmes for its use, and

3. commit to co-operate and render assistance to Parties that request assistance to deal with oil pollution incidents subject to capability and availability of relevant resources.

8.17.3 When faced with the marine pollution emergency, the coastal State must look both to

its international rights and duties, and to its national position. Insofar as the laws are concerned,

all States and Territories have a general duty under customary international law to warn other

States or Territories of a marine pollution threat of which it becomes aware and which is likely to

affect them, and this is reinforced by article 8(3) of MARPOL 73/78, which requires States and

Territories to notify the flag State and any other State or Territory which may be affected.

Principle 21 of the 1972 Declaration of the United Nations Conference on the Human

Environment went 50 far as to say that

"States have, in accordance with the Charter of the United Nations and the principles of

international law... the responsibility to ensure that activities within their jurisdiction and control do

not cause damage to the environment of other States or of areas beyond the limits of national

jurisdiction”.


48

(Article 194 (2) of the Law of the Sea Convention 1982 is to similar effect, and article 198

contains a specific obligation to notify other States which the coastal State deems likely to be

affected). Therefore, once a marine pollution emergency is actually within the jurisdiction and

control of a coastal State, the coastal State must consider the likely effect on other States and

take the appropriate action, which at the bare minimum is to notify those likely to be affected and

keep them informed.

8.17.4 Such general obligations may have been given greater precision in an inter-

governmental regional agreement which commits the groups of States or Territories who are

party thereto to cooperate in responding to major incidents of marine pollution which are likely to

affect more than one State or Territory. If a coastal State is a party to one of these, then its

provisions should be implemented. Under such an agreement, a coastal State is usually under a

duty to report marine pollution incidents to neighbouring States or Territories that may be

affected, to avoid or reduce the effects of pollution, and to monitor the situation. Other parties to

the agreement are usually obliged to use their best endeavours to respond to requests for

assistance which may be made by the coastal State affected and to cooperate in pollution

response action. Any regional mutual aid centre that may have been established pursuant to the

Convention will be able to assist States parties in the task of implementing the Convention in the

actual marine pollution emergency, primarily by providing technical advice and liaising with other

sources of assistance. There may also be a list of equipment stockpiles established by oil

companies or groups of countries that a coastal State may be able to use.

8.17.5 Bearing this in mind, then, the coastal State will focus its attention on its own response

to the marine pollution emergency. One question that may arise is the extent to which the coastal

State may take action against the wishes of the master or other parties who have interests in the

ship or cargo. Ideally, the coastal State will have considered the international law position on

intervention in conjunction with the preparation of its contingency plan before the marine pollution

emergency arises, and have enacted legislation or made other satisfactory provision for the

taking of appropriate steps when an emergency arises.

8.17.6 A detailed analysis of the international law "right to intervene" is outside the scope of

this document, but mention should be made of the International Convention Relating to

Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 and the 1973 Protocol

Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than

Oil ("the Intervention Conventions"), which give greater precision to rights existing under

customary international law. Both of these deal only with rights to intervene on the High Seas,

and do not cover the position in territorial waters (the position in internal waters being a matter


49

purely for the domestic law of the coastal State). Under customary international law, however, the

position in territorial waters is similar to that adopted in the Intervention Conventions.

8.17.7 These conventions permit the coastal State to intervene on the high seas against the

wishes of the ship and cargo to the extent necessary to prevent, mitigate or eliminate grave and

imminent danger to the coastline or related interests from pollution or threat of pollution of the

sea, following upon a maritime casualty, which may reasonable be expected to result in major

harmful consequences. The measures taken must be proportionate to the damage actual or

threatened, and if they exceed this the coastal State must pay compensation to those who have

suffered thereby. Also, the right to intervene must be preceded by due consultation with States or

persons whose interests are affected, except in cases of extreme urgency.

8.17.8 The related. interests in protection of which intervention is possible include tourism,

fishing and other marine resources and wildlife, so that intervention under these Conventions is

possible on purely environmental grounds. IMO may be able to advise on experts who could be

called upon for consultation in such an emergency.

8.17.9 One of the possible options for intervention that a coastal State has is to require

salvage services to be accepted or provided, or even to undertake them itself. There are certain

practical problems in implementing such an imposed requirement where the parties are unwilling,

for same reason. However, articles 5 and 9 of the International Convention on Salvage, 1989

recognise that States and Territories may wish to control or provide such services themselves by

providing that nothing in the Convention shall affect provisions which the coastal State may have

made in this respect (although salvers carrying out such services under the control of a public

authority are still entitled to avail themselves of the Convention's rights and remedies).

8.17.10 In fact it is relatively unusual that the coastal State will need to exercise its rights to

intervene or to control salvage operations. The coastal State has an absolute right in international

law to deny a ship entry to any of its ports or offshore installations, and very often this is the only

thing the coastal State will want to do that causes disagreement. In most cases, co-operation

between the master and the coastal State achieves all that is necessary, and the coastal State's

task of co-ordinating and arranging all the pollution response and clean-up actions under its

contingency plan is not hindered by the ship or cargo interests.

8.17.11 Under the International Convention on Salvage, 1989, States Party to the Convention

have to take into account the need for cooperation between salvers and others when regulating

or deciding upon salvage matters such as admittance to ports of vessels in distress or the


50

provision of facilities to salvers, so that operations to save life or property in danger, as well as

preventing damage to the environment, are taken into account (article 11).

8.17.12 The other main role of the coastal State comes in seeking to recover compensation for

pollution damage, and possibly, co-ordinating the efforts of its citizens in the same task.

8.17.13 After a marine pollution emergency is over, a marine inquiry is often held. Co-operation

between flag States in the holding of marine inquiries has already been mentioned under chapter

8.14 the Flag State.

8.17.14 One administrative aspect of "port State" which is of interest to a coastal State is

worthy of discussion in this chapter. A number of IMO conventions contain provisions for port

State control inspections, but previously these have been limited primarily to certification and the

physical condition of the ship and its equipment However, new regulation 8A of Annex 1 of

MARPOL 73178, which entered into force on 3 March 1996, makes it possible for ships to be

inspected when in the ports of other Parties to MARPOL 73/78 to ensure that crews are able to

carry out essential shipboard procedures relating to marine pollution prevention. The procedures

for the control of operational requirements relating to the safety of ships and pollution prevention

are contained In IMO Assembly resolution A787(19).

8.17.15 Extending port State control to operational requirements is seen as an important way of

improving the efficiency with which international safety and anti-pollution treaties are implemented


51

C H A P T E R 9 . A S S I S TA N C E F R O M F O R E I G N

G O V E R N M E N T S O R C O M M E R C I A L

R E S P O N S E T E A M S

9 . 1 S o u r c e s o f F o r e i g n G o v e r n m e n t A s s i s t a n c e

9.1.1 There are a number of foreign governments that offer worldwide assistance in

combatting major oil spills. These foreign government agencies have trained personnel and

specialized equipment that can be airlifted to a spill site on short notice.

9.1.2 If after assessment of the oil spill casualty by the affected Island State or Territory it is

decided that assistance is required from the government of a State outside the Convention Area

(from international or private-sector organizations), it is strongly recommended that the financial

arrangements for such assistance are agreed in advance.

9.1.3 When the assisting personnel arrive, they will be under the operational control of the

National On-Scene Commander of the affected State or Territory. At the conclusion of the clean-

up activities, the commercial company or foreign government agency will submit a bill for services

rendered which will be included in the final invoice to the spiller.

9 . 2 O i l I n d u s t r y C o - O p e r a t i v e R e s p o n s e O r g a n i z a t i o n s

9.2.1 Marine Spill Response Corporation (MSRC) was created as an oil spill response

organization in 1990. MSRC is a private, independent, tax-exempt, not-for-profit corporation

dedicated to the cleanup and mitigation of oil spills in United States coastal, tidal and certain

other waters. MSRC has established a program to use its best efforts to contain and clean up

such oil spills.

9.2.2 MSRC is headquartered in Herndon, VA with four Regional Response Centers located

throughout the U.S. The Regional Response Center for the Southern region is located in Lake

Charles, LA and will primarily be responsible for U.S. waters in the Gulf of Mexico and U.S.

waters surrounding the U.S. Virgin Islands and Puerto Rico. MSRC's four Regional Response

Centers will be the locations for warehousing, receiving, storing, delivering and expediting


52

supplies, equipment and materials related to MSRC's spill response activities. In addition, the

facilities will serve as training centers for spill response personnel. The centers also will operate

as spill response communications and command posts. Each center will employ approximately 55

persons full-time in spill response, supplemented as needed during a spill by personnel from

MSRC's other regions and headquarters, and other needed contractors. There are three

prestaging areas in Puerto Rico and one in St Croix.

9.2.3 MSRC became operational in 1993 to meet the oil spill response requirements of the

Oil Pollution Act of 1990 (OPA-90).

9.2.4 MSRC has made a significant investment in oil spill response operations and

equipment. MSRC receives its operating funds from the Marine Preservation Association (MPA).

MPA is an independent, not-for-profit corporation whose members include oil companies,

shippers and receivers of oil, insurers and others who pay dues based upon the amount of oil

they handle in U.S. waters. However, MPA does not have operational management of MSRC.

Members of MPA enter into contracts with MSRC for response services that MPA members may

cite in their OPA-90 required spill response plans.

9.2.5 MSRC will maintain a contractual relationship with members of MPA and the USCG.

Only MPA members may cite MSRC's contracted services, manpower, and equipment in

response plans required under OPA-90. The expenses incurred by MSRC in responding to a spill

will be recovered directly from the spiller or the Coast Guard.

9.2.6 MSRC's Response Role. The primary purpose of MSRC is to provide a best effort

response to spills of oil in U.S. offshore and tidal waters, including bays and harbors. Responses

outside the U.S. are on a case-by-case basis. For large spills (over 1,200 barrels at risk) the

customer must be a member of MPA or the USCG must guarantee payment.

9.2.7 For additional information contact:

MARINE SPILL RESPONSE CORPORATION Marketing and Customer Service Manager 220 Spring Street, Suite 500 Herndon, Virginia 20170 Tel: (703) 326-5617 FAX: (703) 326-5660

9 . 3 C l e a n C a r i b b e a n a n d A m e r i c a s ( C C A )

9.3.1 The Clean Caribbean and Americas (CCA) is an oil spill equipment cooperative funded

by 17 member companies (Oct 1992) that operate petroleum facilities or transport persistent oils


53

in and through the Caribbean basin. The CCA is not an oil spill response organization in that it

has no role in an oil spill other than providing equipment. The CCA acquires, maintains, and

trains member personnel on a stockpile of oil spill response equipment, materials and chemicals.

The CCA stockpile is warehoused in Fort Lauderdale, Florida, USA and is principally intended to

be air shipped to the airport nearest the spill site. The CCA's purpose is to provide stockpiles of

readily available equipment, materials and chemicals unique to and required in oil spill clean-up

operations. Equipment, materials, and chemicals that are readily available on the commercial

market are for the most part not included in the stockpile.

9.3.2 The CCA does not act collectively in response to an individual member's spill. It is the

responsibility of each member to develop its own contingency plans and manage a potential spill.

The CCA assumes no responsibility for an oil spill clean-up operation. A full-time Staff in Fort

Lauderdale maintains a 24-hour Call-out system and "mobilizes" stockpile items requested by the

member. Equipment is then transported to the Fort Lauderdale airport or seaport. It is the

member's responsibility to arrange and transport equipment to the spill site. Members are

required to purchase equipment and materials released from the CCA stockpile and insure them

for the duration of their use. The CCA hold first buy-back option on the equipment as a means of

replenishing the stockpile, providing the equipment is returned in as good a condition as when

released.

9.3.3 Non-members may not list CCA equipment and materials in their contingency plans.

However, under certain circumstances, CCA equipment may be made available to non-members.

In all cases, non-members must request CCA equipment, and CCA equipment will only be made

available, through the U.S. Government or U.S. Coast Guard. Equipment would be released by

the CCA to the U.S. Government or U.S. Coast Guard for transfer to the non-member. Non-

members will be required to meet all the financial and other terms and conditions as members.

9.3.4 Any organization considering requesting CCA equipment or materials should provide

the CCA Staff the earliest notification possible, even if diplomatic/government requests are still in

progress. Contact information is as follows:

Clean Caribbean and Americas 2381 Stirling Road Fort Lauderdale, Florida 33312 USA Tel: (305)983-9880 Fax: (305)987-3001 Email: [email protected] Web Site: www.cleancaribbean.org


54

9 . 4 O i l S p i l l R e s p o n s e L i m i t e d ( O S R L ) S o u t h a m p t o n , U n i t e d K i n g d o m

9.4.1 Oil Spill Response Limited (OSRL) and East Asia Response Limited (EARL) in

Singapore operate jointly to provide an oil spill response capability to oil industry members. EARL

and OSRL resources comprise equipment and over 100 expert personnel to respond to all types

of oil spills, either at sea or on land. They each operate an L 382G Hercules aircraft that they can

use to either deploy equipment or to provide a platform for the operation of large-scale aerial

dispersant spraying systems.

9.4.2 OSRL and EARL resources can be made available to non-members subject to certain

conditions and subject to the entity calling accepting the terms and conditions under which they

would respond. Clearly for the Caribbean area the primary contact will be OSRL in Southampton.

It is recommended Island States obtain copies of these conditions in advance to facilitate a rapid

exchange of faxes as soon as possible after call out.

9.4.3 OSRL also can provide training and consultancy services either in their facilities in

Southampton and Singapore or on location.

9.4.4 OSRL can be contacted on a 24 hour basis by:

Telephone: + 44 2380 331551 and by Fax: + 44 2380 331972 Email: [email protected] Web Site www.oilspillresponse.com


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CHAPTER 10. U S E O F D I S P E R S A N T S , I N - S I T U

B U R N I N G A N D B I O R E M E D I AT I O N

T E C H N I Q U E S

1 0 . 1 B a c k g r o u n d

10.1.1 Once oil is on the surface of the water the primary objective should be to minimize the overall

environmental impact of the spill. Several response countermeasures and tools exist: mechanical

recovery, use of dispersant, natural dispersion (passive monitoring), in-situ burning, and in the event of a

shoreline impact, beach clean-up operations and bioremediation must be evaluated. Often, several

countermeasures can be applied simultaneously. Each response countermeasure or tool involves

environmental and operational trade-offs. Decision makers must evaluate those trade-offs when deciding

on the overall response strategies that will result in the least environmental impact.

10.1.2 The first wide-scale use of chemicals to disperse oil spilled at sea dates back to the grounding

of the Torrey Canyon off the coast of England in 1967. The chemicals used were degreasing agents and

detergents consisting of up to 60% aromatic hydrocarbon solvents which had been developed for

cleaning oil residues from tanker compartments and bilges. The improper application and use of these

harsh chemicals on beaches resulted in extensive mortality of inter-tidal organisms, an effect attributed to

the toxicity of the first generation dispersants. The Torrey Canyon incident generated considerable

controversy with regard to the toxic effects of dispersants, a controversy that persists to the present.

However, in the years since the Torrey Canyon incident, many advances have been made in dispersant

formulations, resulting in today's low-toxicity concentrate dispersants. There have been numerous

successful applications of modern dispersants, which have achieved desired objectives without damage

to sensitive ecosystems.

1 0 . 2 U s e o f d i s p e r s a n t i n t h e i s l a n d s t a t e s o r t e r r i t o r i e s

10.2.1 Dispersants are not the only course of action to be considered in a major oil spill, but at the

same time, the use of dispersants may enhance the recovery of an affected area by accelerating the

natural dispersion of oil on the surface of the sea. Chemical dispersion can shorten the overall response

time to an oil spill, thus reducing the chances that the oil will move further on the water surface and


62

thereby protecting sensitive areas. Rapid dispersion of oil can prevent the oil from reaching shorelines,

which are difficult to clean and where the greatest environmental damage caused by oil spills occurs. In

any event, the decision to use or not to use dispersants should be made with the objective of realizing the

greatest Net Environmental Benefit.

10.2.2 The decision to use dispersants in the Exclusive Economic Zone of an Island State or Territory

will be with the OSC as authorized by the Lead Agency for the State or Territory where the spill occurs.

The decision to use dispersants will be based on the national policy as defined in the National

Contingency Plan and a Net Environmental Benefit Analysis (NEBA) which is used to evaluate the

decision to use oil spill dispersants. The concept is that the total benefit of applying dispersants is

evaluated compared to the potential damage that would occur if they were not applied. NEBA is more of

a concept than a developed tool.

10.2.3 The "Window of Opportunity" for use of dispersants is narrow based on the age of the spilt oil,

viscosity, and weather conditions to name but a few. Failure to make a timely decision regarding

dispersant application is in actuality a decision not to use dispersants, and in some instances may place

some natural resources at an increased and unnecessary risk. The use of dispersants should be studied

and pre-approved long in advance of the time of an emergency. Consideration of the type of dispersants

available, the seasonal use as it relates to the fishing and tourist industry, as well as the potential "down

wind" effect must be considered in the use plan. The National policy adopted should be based on a full

understanding of dispersants action and the most up-to-date methods of application. In addition, the

National Contingency Plan should list those dispersant products that are approved for use within the area

of responsibility of the Island State or Territory. Many countries throughout the region have tested

commercially available dispersants for efficiency, toxicity, and biodegradability and this information can be

shared where individual testing by each Island State or Territory is impractical.

10.2.4 In general, the advantages and disadvantages of dispersant use can be summarized as

follows:

1. Dispersants are an effective method of dealing with large volumes of oil in a short time;

2. Dispersants aid in accelerating the natural degradation processes;

3. Potential damage to marine fowl is reduced as oil is removed from the water surface;

4. The dispersed oil droplets are not driven by the wind, thus reducing the speed of slick movement;

5. Dispersed oil tends not to wet sediments, beach sand, etc.;

6. Formation of tar balls and mousse is reduced as chemically dispersed oil tends not to coalesce;


63

7. The concentration of dispersed oil per unit volume of water will decrease rapidly;

8. The window of opportunity for the use of dispersants is limited;

9. Dispersant use results in the introduction of additional low-toxicity substances into the marine environment; and,

10. If an oil spill is treated with dispersants the effectiveness of oleophilic skimmers will be reduced.

These are some of the important points to consider during a discussion of environmental and operational

trade-offs involved in the use of dispersants.


63

DISPERSANT SPRAYING DECISION TREE

OIL SPILLED

OIL MOVES TOWARDS OPEN SEA

OIL MOVES TOWARDS SHORE

MONITOR IS DISPERSANT SPRAYING THE PRIMARY RESPONSE STRATEGY

IS THE PRINCIPLE OF DISPERSANT USE AGREED WITH AUTHORITIES

IS OIL AMENABLE TO DISPERSANT SPRAYING

WILL DISPERSANT SPRAYING GIVENET ENVIRONMENTAL BENEFIT

ARE SEA AND WEATHER CONDITIONS SUITABLE FOR SPRAYING

DISPERSANT SPRAYING

IS THE NECESSARY EQUIPMENT AND LOGISTICAL SUPPORT AVAILABLE

OTHER OPTIONS

YES

YES

YES

YES

YES

YES

NO

NO

NO

NO

NO

NO


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1 0 . 3 G e n e r a l d i s p e r s a n t p o l i c y f o r i s l a n d s s t a t e s a n d t e r r i t o r i e s

10.3.1 The Caribbean Plan envisions that each Island State or Territory will develop its own

policy pertaining to the use of dispersants in its Exclusive Economic Zone (EEZ). The dispersant

policy adopted by the State or Territory will be part of its National Contingency Plan.

10.3.2 Scientific studies over the past several years have shown that the new generations of

dispersants, in themselves, exhibit low toxicity even at application concentrations ten times those

prescribed. Studies have also shown that the concentration of dispersed oil in the water column

drops off significantly at depths below three meters, and, given reasonable flushing, dispersed oil

does not remain in the area of application for any significant length of time as it is distributed and

diluted by the currents. More or less aggressive use of dispersants may be warranted. Each

Island State and Territory is encouraged to establish guidelines based on its own environmental

considerations and circumstances within its own territorial seas.

10.3.3 It is the position of the Island States and Territories that use of dispersants using the

following parameters will cause no significant environmental harm from such use. It is the policy

of the Island States and Territories that when combating spilled oil within its territorial seas the

OSC as authorized by the Lead Agency may use dispersants without prior notifications to other

Island States and Territories under the following parameters:

1. The area of application is not less than one nautical mile from any shoreline, nor closer than three nautical miles up-current from important marine fisheries or coral reef ecosystems which are less than 20 feet from the water's surface;

2. The water depth should exceed 30 feet in the area in which the dispersant will be applied;

3. The method of application is one recommended by the dispersant manufacturer;

4. The rate of application is as recommended by the dispersant manufacturer;

5. The dispersant is approved by the Island State or territory and exhibits low toxicity; and,

6. The Lead Agency will notify potentially affected downstream Island States and/or Territories whenever dispersant use is intended to be conducted beyond its territorial seas.

10.3.4 In the event the OSC determines that the use of dispersants is necessary and if it is

apparent that, downstream Island States and/or Territories may be affected, then concurrence for


65

such use must be obtained from the potentially affected Island States and Territories outside the

parameters of section 10.3.3.

10.3.5 Response operations, including the application of dispersants, will not be conducted in

the EEZ of another Island State or Territory without prior concurrence of the Lead Agency of that

Island State and/or Territory.

10.3.6 During a dispersant operation the OSC should determine the effectiveness of the

dispersant application by on-scene observation and/or by scientific monitoring. Application of

dispersants should be discontinued if proven to be ineffective,, there is a change in the spill

trajectory, time is longer than the pre-calculated “Window of Opportunity”, deteriorating weather

conditions for aircraft or vessel operations, lack of wave energy to assist in the dispersion, or any

interferences to safe operations.

10.3.7 To establish an updated list of dispersants stockpiled in the region, each Island State or

Territory will submit to the Focal Point Agency (IMO Regional Consultant) the quantity, size of

storage containers, brand name, type, and location of storage. (Example: 12 - 55 Gallon plastic

drums of XYZ dispersant at Port ABC). The updated information will be submitted on an

EQUIPMENT/DISPERSANT LOCATION page for insertion in Chapter V of the Caribbean Plan.

1 0 . 4 A p p l i c a t i o n o f d i s p e r s a n t

10.4.1 The best combination of dispersants and application method must be selected for the

specific situation. On the open sea they can be applied from surface vessels and from aircraft. It

is very important to use proven equipment which has been properly calibrated and to follow the

instructions/guidance of the suppliers of the spray equipment and dispersant manufacturer.

10.4.2 Spraying operations should be started as soon as possible after it has been decided

that dispersant use will form part of the spill response strategy. The dispersant must be applied

to the oil slick(s) before they become too thin and before the oil weathers excessively. When

applying dispersants, the best tactic is to apply the dispersant to the thickest portions of the oil

slick. This is difficult to determine, but is generally done by visual observations from trained

personnel in a spotter aircraft. Many oils will form stable water-in-oil emulsions (chocolate

mousse) of which the viscosity will be higher than that of the original oil. The extent of

emulsification and the stability of the emulsion will depend upon the type of oil, sea state, and

temperature. The viscosity also increases because of the evaporation of lower molecular weight

hydrocarbons. Both processes may have taken place to a considerable extent within hours after

the spill and thus dispersant effectiveness may be reduced if application is delayed. After oil has


66

emulsified into a stable mousse it is very difficult to disperse. Treatment with dispersants should,

therefore, start before the mousse formation or extensive weathering has taken place.

10.4.3 Supplying an adequate quantity of dispersant to deal with a large spill can often be a

major logistics problem. Spill response managers should include in their contingency plans an

inventory of approved dispersants and should be aware of how this supply of dispersants can be

augmented and mobilized from additional sources. Even if the dispersant supply appears

adequate to treat the spilled oil, the OSC and spill response managers should be prepared to use

a combination of response countermeasures and techniques.

1 0 . 5 O p e r a t i o n a l u s e a n d a p p l i c a t i o n o f d i s p e r s a n t

10.5.1 In general, dispersants are applied either by surface vessels equipped with dispersant

spray booms and support equipment (pumps, hoses, dispersant storage drum/tank(s)) or by

aircraft (fixed-wing or helicopter) using specially designed spray equipment and systems. In

general, dispersants are only minimally effective when applied by means of fire monitors, unless

the monitor is modified with new single-point application nozzles which can provide a relatively

good distribution of correctly sized droplets. Proper use of dispersants requires the appropriate

dosage in terms of amount of dispersant per unit area, such as gallons per acre, liters per

hectare, for the estimated thickness of the oil to be treated. The dosage is extremely variable and

depends on the type of dispersant, type of oil, slick thickness, temperature, viscosity, and other

characteristics of the spilled oil. In the past, an initial dispersant–to-oil ratio of 1:15 to 1:25 was

used. Recent field tests have shown that some dispersants are still effective at ratios of 1:40 to

1:50. The actual flow rates to achieve the desired dispersant dosage are a function of the

vessel/aircraft speed, the pump capacity, the dilution rate, and the effective swath width covered.

10.5.2 Vessel Application. Most vessel dispersant spray systems in response inventories

utilize an eduction pump system that dilutes a dispersant concentrate with seawater before being

sprayed on the surface through multiple-nozzle spray booms. Mounting spray booms ahead of

the vessel's bow wave and wake assist in proper application of the dispersant to the oil. Vessel

spray and pump system flow rates must be periodically calibrated to assure the desired dosage.

Despite improvements in vessel spraying equipment, the technique will always have some

limitations, due to the low treatment rates and inherent difficulties of locating oil slicks from a

vessel.

10.5.3 Aerial Application. In contrast, aerial spraying offers the advantages of rapid response,

good surveillance, high treatment rates, optimum use of dispersant, and better evaluation of

dispersant treatment. Aerial spraying has been used successfully on numerous occasions and


67

has advantages over surface spraying in that aircraft can travel to the scene of a spill much more

rapidly than can surface vessels. In addition, large fixed-wing, aircraft have the ability to apply

greater quantities of dispersant more rapidly than surface vessels. Helicopters have the

advantage of speed of response but are more limited in range and in volume of dispersant that

can be carried in comparison with large fixed-wing aircraft. Concentrate dispersants are applied

undiluted at low altitude (50-100 feet) with the recommended dosage per unit area remaining the

same.

10.5.4 Absolutely critical to any dispersant operation (especially aerial applications) is the

inclusion of a dedicated airborne observer aircraft with an experienced dispersant expert who can

direct the spraying operation and visually determine the effectiveness of the dispersant

application.

Reference:

1. "IMO/UNEP Guidelines on Oil Spill Dispersant Application including Environmental Considerations", 1995 edition, International Maritime Organization, London.

2. “Manual on Oil Pollution: Section IV Combating Oil Spills, 2005 edition, International Maritime Organization, London.

3. “Guideline to Chemical Dispersion for Oil Spills” (2005 draft), ARPEL (Regional Association of Oil and Natural Gas Companies in Latin America and the Caribbean).

4. “Oil Spill Dispersants: Efficacy and Effects”, 2005. National Academy Press, Washington.

1 0 . 6 I n s i t u b u r n i n g

10.6.1 In-situ burning is recognized as a viable alternative to mechanical methods for cleaning

up oil spills on water and in nearshore areas, wetlands, and other land areas. When performed

properly and under the right conditions, in-situ burning can rapidly reduce the volume of spilled oil

and eliminate the need to collect, store, transport and dispose of recovered oil. There are

limitations on its effectiveness as presented below. There are also health concerns from the

resultant smoke and particulate matter; however, recent studies indicate these health concerns

may be negligible except immediately (< 1 km) downwind of the burning oil. As a general

precaution, in-situ burning should be avoided directly upwind of heavily populated areas and a

recommended safe distance downwind of a burn site is in the range of 1 – 5 km, depending on

meteorological conditions.


68

10.6.2 It is the policy of the Island States and Territories that there is no objection to the use of

in-situ burning as a response tool when the burn will not be closer than 12 miles from any

adjacent Island State or Territory. Should the OSC desire to use in-situ burning at lesser

distances from adjacent Island States or Territories, prior concurrence must be obtained from the

Lead Agency of said Island States and/or Territories. In-situ burning shall not be undertaken

without due consideration for the safety of response personnel and the public.

1 0 . 7 T e c h n i c a l i n f o r m a t i o n o n i n s i t u b u r n i n g

10.7.1 Recent research indicates that controlled in-situ burning of spilled oil can be a practical

means of removing substantial amounts of oil from the water surface under the right conditions.

Considerations in use of in-situ burning include:

1. Thickness of the oil

2. Weathering prior to ignition

3. Oil emulsification

4. Ignition

5. Maintenance of burning

6. Smoke which is produced

7. The environmental consequences of burning

8. Collection and disposal of the residue and

9. Wind and sea conditions.

10.7.2 If in-situ burning is successful, it may be possible to remove over 90% of the oil from

the water surface. Heavy oils require longer heating times and a hotter flame to ignite than lighter

oils. The heavier oils burn at a lower rate and at only about a 70% efficiency.

10.7.3 Thickness of the oil needs to be a minimum of 3mm thickness for ignition. The “prime

rule” of in-situ burning is that oils will ignite if they are at least 2 to 3 mm (0.08 to 0.12 inches)

thick. Fire-resistant booms for containment while burning are commercially available and can be

used where the oil is not more than 3mm thick.

10.7.4 Weathering of the oil can make it difficult to ignite. The greater the percentage of

volatile compounds in the oil, the more easily it will ignite and continue to burn.

10.7.5 Oil emulsification will have an affect on the success of an in-situ burn. Unstable oil

emulsions (black in color and less than one order more viscous than the original oil) can be


69

ignited and will sustain burning because the emulsion is quickly broken down during the burning

process. Stable oil emulsions (reddish brown color and normally three orders more viscous than

the original oil) are difficult or nearly impossible to ignite because of the energy required to

vaporize the oil in the emulsion.

10.7.6 Igniters which are commercially available include:

1. The Helitorch a helicopter-borne device for dispensing globules of burning, gelled fuel onto the oil surface

2. Hand-held igniters meant to be thrown into the oil slick from a vessel or a helicopter

3. Simple ignition methods such as oil-soaked rags, paper or sorbent have been used on actual spills and during tests.

10.7.7 Maintenance of burning. Oil vapors will continue to burn after ignition until it is about

1mm in thickness, after which it will self-extinguish.

10.7.8 Smoke which is produced will likely be less than 10% by weight of the oil which is

burned. The majority of the smoke particles vary greatly in size with those of less than 10

microns in size giving rise to health concerns. Observation and mathematical modeling indicate

that the smoke will rise rapidly owing to heat and rapidly become diluted.

10.7.9 The environmental effects of burning appear to be minor or negligible beyond 1

kilometer down wind from the burn pool. A typical crude oil burn [500 m2 (5000 ft2)] would not

exceed health limits for emissions beyond about 500 m (1/3 mile) from the fire. Respirable

particulates (PM-10) are emissions of primary concern. Polynuclear aromatic hydrocarbons

(PAHs) are the secondary concern and volatile organic compounds (VOCs) are third. VOCs are

greater from evaporating oil slicks than from burning oil slicks. Highly toxic dioxins/dibenzofurans

are not generated by oil fires. Heating of the water surface appears to be limited to the first few

centimeters at most. Research has shown that in-situ burning of oil does not release any more oil

components or combustion by-products into the water column than are present if the oil is left

unburned on the water surface. The residue from burning is a highly viscous, tar-like material

(primarily composed of oil with little removed other than some of the more volatile materials) and

generally floats on the water surface. Sinking is very rare and has been recorded in only 2 of

about 200 burns worldwide.

10.7.10 A decision to recover the residue mechanically or leave it to breakdown biologically

depends on the total volume of the residue, whether the residue is dense enough to sink, and

where it is expected to go if left alone. Collection of the burn residue can be effected by use of


70

nets or other mechanical devices from a vessel with a low freeboard that provides easy access to

the water surface.,

10.7.11 Weather conditions such as wind speed, gusts, shifts in wind direction, wave height

and geometry, and water currents can all jeopardize the safety and effectiveness of a burn

operation. The limits of wind and sea conditions to successfully ignite oil and burn safely are at

wind speeds of less than 40 knots and waves less than 1 m (3 feet). High sea states make it

difficult to contain oil and the waves can contribute to emulsification of the oil.

10.7.12 All burn operations must be conducted with safety in mind. Provisions must be made

for good communications and backup measures. Burns should be monitored by aircraft

whenever possible to provide early warning of heavy oil concentrations and other vital information

such as movement of the smoke plume and problems with boom tows and other equipment.

Burn crews need to be trained in methods of escape, how to control unwanted fires, and how to

extinguish an on-going burn.

Reference:

1. “Manual on Oil Pollution: Section IV Combating Oil Spills, 2005 edition, International Maritime Organization, London.

2. “A Guide to In-situ Burning of Oil Spills on Water, Shore, and Land” (2005 draft), ARPEL (Regional Association of Oil and Natural Gas Companies in Latin America and the Caribbean).

3. “In-situ Burning: A Cleanup Technique for Oil Spills on Water”, 2000. Merv Fingas and Monique Punt, Environmental Technology Centre, Environment Canada, Ottawa.

1 0 . 8 B i o r e m e d i a t i o n t r e a t m e n t

10.8.1 At present, bioremediation is not considered a viable response technique for spilt oil at

sea. As such, bioremediation should be an issue for the individual Island States and Territories

National Contingency Plan for shoreline application. The following paragraphs provide general

background information. States and Territories are encouraged to share the results of any

studies and decisions.

10.8.2 Bioremediation treatment for spills may be divided into the following three general

categories:

1. FERTILIZATION, the stimulation of indigenous micro-organisms through the addition of nutrients;


71

2. SEEDING, the introduction of special assemblages of naturally occurring oil-degrading micro-organisms; and

3. GENETIC ENGINEERING, the introduction of genetically-engineered microbes (GEM's) with special oil degrading properties.

10.8.3 FERTILIZATION has been the most rigorously tested bioremediation method and is

viewed by many researchers as the most promising one for responding to most types of marine

spills. Scientific studies suggest that biodegradation rates in most marine environments are

constrained by lack of nutrients rather than by the absence of oil-degrading microbes. However,

experience indicates that this may be a long-term process and in cases of coral reefs in the

vicinity, adding nutrients to the environment for a prolonged time is not advisable.

10.8.4 SEEDING techniques may be beneficial in areas where native organisms grow slowly

or are unable to break down a particular hydrocarbon. However, in most cases, seeding is not

needed nor recommended.

10.8.5 GENETIC ENGINEERING will probably not be used for marine or shoreline spill clean-

up in the near future as the wide availability of natural occurring micro-organisms will likely deter

consideration of GEM's. In addition, greater research and development needs, regulatory

hurdles, and public perception problems will remain obstacles to the near-term use of GEM's,

even if they should prove useful for degrading some recalcitrant components of petroleum.

10.8.6 The US Office of Technology Assessment (OTA) has studied bioremediation

techniques for oil spill clean-up and reports that more than 70 microbial genera are known to

include organisms that can degrade petroleum components; these organisms are distributed

worldwide in all marine ecosystems. Research has shown that no single species of a micro-

organism is capable of degrading all components of oil, and that some types of hydrocarbons

such as asphaltenes degrade very slowly. The studies have shown that no crude oil is subject to

complete biodegradation and claims that all of a light oil or more than 50% of a heavy oil can be

biodegraded in days or weeks are highly suspect. Marine environments are dynamic, open

systems and many variables exist to compound the difficulties of applying bioremediation

techniques.

10.8.7 Despite the encouraging results of some limited field studies, the ultimate importance of

bioremediation relative to other oil spill response technologies remains uncertain. Mechanical

clean-up methods and use of dispersants are likely to remain the primary spill response

techniques. Bioremediation may be a promising clean-up technique in certain non-emergency

situations such as the clean-up of lightly or moderately oiled beaches. In addition, bioremediation


72

may be a promising clean-up alternative for some sensitive ecosystems, such as salt marshes,

where the use of mechanical clean-up techniques might do more harm than good. In such

situations, bioremediation may provide a less intrusive approach than conventional clean-up

methods.

10.8.8 In the event of a major spill affecting an Island State or Territory, the Lead Agency will

possibly be approached by vendors of bioremediation products. A careful and discretionary

evaluation will be necessary to ensure that the bioremediation solutions offered are appropriate

for the spill conditions at hand.

10.8.9 The US Environmental Protection Agency's (EPA) Bioremediation Action Committee

and the National Environmental Technology Applications Corp (NETAC) are currently developing

protocols for evaluating the efficiency and toxicity of bioremediation agents in a variety of settings.

Until such detailed information is available, spill On-Scene Commanders (OSC) will probably

continue to prefer more traditional clean-up methods. For additional information on the subject

contact: Superintendent of Documents, Government Printing Office, Washington, DC 20402-

9325; Tel. (202) 783-3238 and request a copy of the report entitled "Bioremediation for Marine Oil

Spills" (Stock No. 052-003-01240-5).


73

C H A P T E R 1 1 . R I S K A R E A S I N T H E


1 1 . 1 W a t e r b o r n e O i l T r a d e i n t h e C a r i b b e a n S u b - R e g i o n

11.1.1 The transport of petroleum products by tank vessel has increased during the past 20

years and will probably continue to expand in the years to come. The increased trade in

petroleum and its products has also increased the chances of mishaps occurring in

transportation, loading or off-loading these commodities. Accidents, fires, and explosions,

mishandling of equipment and materials and tanker damage are among the major cause of spills

in shipping crude and refined oil. In addition, natural disasters such as hurricanes, earthquakes

and volcanic eruptions pose a threat to shore facilities which in turn can create a marine spill

incident.

11.1.2 Within the Caribbean, unobstructed, deep, yet restricted waterways occur between

Islands and major submerged or shallow formations. "Straits of least width" refer to these charted

passages and are traversed on many of the standard shortest sea routes followed by ships

traveling through the region. While other passages exist, eleven straits are of interest to the

Caribbean Plan.

1 1 . 2 S t r a i t s o f L e a s t W i d t h i n t h e W i d e r C a r i b b e a n R e g i o n

11.2.1 Anegada Passage (18� 38' N, 63� 39' W), sometimes referred to as Sombrero

Passage. Located in the northern extremity of the Leeward Islands between Sombrero and

Anegada Island.

11.2.2 Caicos Passage (22� 00' N, 72� 30' W), lies between Mayaguana and the Caicos

Islands and continues to the southeast between these islands and Little Inagua Island.

11.2.3 Crooked Island Passage (22� 55' N, 74� 34' W), lies between Long Island and

Crooked Island.

11.2.4 Galleon's Passage (10� 55' N, 60� 50' W), lies between Trinidad and Tobago.


74

11.2.5 Mona Passage (18� 30' N, 67� 45' W), lies between the eastern tip of Hispaniola and

Puerto Rico.

11.2.6 Northeast Providence Channel (25� 40' N, 77� 09' W), lies between Little and Great

Bahama Banks.

11.2.7 Old Bahama Channel (22� 30' N, 77� 50' W), lies between Great Bahama Bank and

the north coast of Cuba.

11.2.8 St. Vincent Passage (13� 35' N, 61� 05' W), lies between St. Vincent and St. Lucia.

11.2.9 Straits of Florida (25� 30' N, 79� 50' W), the body of water which lies adjacent to the

Florida coast on the north and west, the north coast of Cuba and Cay Sal Bank on the south, and

Great Bahama and Little Bahama Bank on the east.

11.2.10 Yucatan Channel (21� 45' N, 85� 50' W), lies between the Yucatan Peninsula and

the western tip of Cuba.

11.2.11 Windward Passage (20� 00' N, 73� 45' W), lies between the eastern tip of Cuba and

Hispaniola.

11.2.12 These eleven straits appear to be strategically located passages likely to be crossed by

petroleum and petroleum product tankers bound into and out of the Wider Caribbean region. To

the extent that these straits constitute "choke points," traffic may accumulate and accidents

resulting in oil spills may occur. Therefore, determining frequency of transits through these straits

is essential to identifying areas of potential risk for cargo laden tankers navigating through the

Wider Caribbean region.

1 1 . 3 S e a L a n e s i n t h e W i d e r C a r i b b e a n R e g i o n

11.3.1 Sea lanes in the Wider Caribbean region are not simply main arteries through which all

shipping flows, but a complex lattice-work of a large number of routes and combinations of

routes. Generally, the safest and most direct route will be followed when planning a vessel's

itinerary, however, the master of the vessel is responsible for the safety of the ship and this

consideration is of paramount concern when the vessels course is decided upon. In a complex

waterway system such as the Wider Caribbean these considerations can result in almost limitless

routes.


75

11.3.2 It is possible, however, to identify in general the routes over which the majority of

petroleum and petroleum products move. Since the U.S. is the major importer of crude petroleum

in the Caribbean region, this fact alone establishes most of the vessel routes.


77

11.4 Routes To and From the Middle East

11.4.1 Crude petroleum from the Middle East follows the most direct route from the Cape of Good Hope

through Galleon's Passage (between Trinidad and Tobago), then south of Jamaica to take advantage of the

Antilles current, through the Yucatan Channel and then direct to the U.S. Gulf Coast ports. The return route

would go north of Jamaica to avoid the west-flowing Antilles Current. An alternate to this route from the

Middle East would be via the St. Lucia Channel, thence through Mona Passage, the old Bahama Channel,

and the Straits of Florida. This latter route is frequently avoided during the hurricane season, since it places a

vessel in restricted waters over most of its route, an impediment should storm evasion be required. These

routes are convenient to most of the major transhipping facilities in the Caribbean: St. Lucia, Trinidad, St.

Eustatius, the Netherlands Antilles, and Little Cayman.

11.4.2 A third route from the Middle East proceeds past Sombrero Island at the entrance to Anegada

Passage, thence north of the Virgin Islands, Puerto Rico, Hispaniola, through the Old Bahama channel and

the Straits of Florida. This latter route is also the most direct from West Africa and North Africa. From

Sombrero Island, an alternate route is to the entrance to Northeast Providence Channel (sometimes called

Hole-in-the-Wall), which provides access to Freeport and South Riding Point, the Bahamas' major oil refining

and transhipping facilities. The foregoing route also provides access to the U.S. Gulf Coast by way of the

Straits of Florida.

1 1 . 4 R o u t e s T o a n d F r o m t h e N o r t h S e a

11.5.1 North Sea crude oil can come over routes which utilize Anegada Passage, Mona Passage,

Mayaguana Passage, Northeast Providence Channel, and the northern entrance to the Straits of Florida, of

which the latter two provide the most direct access to U.S. Gulf Coast ports.

1 1 . 5 R o u t e s T o a n d F r o m T r i n i d a d

11.6.1 In addition to the direct route south of Jamaica and through the Yucatan Channel, Trinidad crude oil

and products come through Virgin and Mona Passages direct to U.S. East Coast ports.

1 1 . 6 R o u t e s T o a n d F r o m V e n e z u e l a

1.7.1 Routes from Venezuela, a major exporter of crude petroleum and petroleum products, proceed to

the Netherlands Antilles, a principal refiner and transhipper, to the east coast of South America, via Galleon's

Passage, to the Mediterranean via Anegada Passage, and to northern Europe and Canada via the Mona

Passage. Routes also extend from Venezuela to Puerto Rico, which has large export refineries, and through

the Mona and Windward Passages to the U.S. East Coast. Other major routes from Venezuela extend south


78

of Jamaica, through the Yucatan Channel, to U.S. Gulf Coast ports, and west to Colombia, Panama, the

Panama Canal, and Costa Rica.

11.7.2 By agreement with the Soviet Union, Venezuela provides a major portion of Cuba's petroleum and

petroleum products in return for which the USSR supplies some of Venezuela's clients in West Germany. This

so-called "swap agreement", of mutual benefit to both countries, generates major oil routes from Venezuela to

Santiago de Cuba and Cienfuegos on the south coast, and La Habana on the north coast of Cuba.

1 1 . 7 R o u t e s T o a n d F r o m M e x i c o

11.8.1 Mexico, the largest exporter of crude petroleum in the Caribbean region, is also a major exporter of

petroleum products. Although there is an oil port on the Pacific coast of Mexico, the bulk of Mexico's exports

are handled through its Gulf of Mexico ports. Principal routes extend from the Mexican oil terminals in the Bay

of Campeche to U.S. Gulf Coast ports, and through the Straits of Florida to the U.S. East Coast, Canadian,

northern European, and Mediterranean ports. An alternative to these latter two routes utilizes the Old Bahama

Channel.

11.8.2 Mexico's petroleum and petroleum products move to the south through the Yucatan Channel to

Central American ports in Belize, Guatemala, Honduras, Costa Rica, Panama, and through the Panama

Canal to El Salvador and Nicaragua. A major route from Mexico extends from the Yucatan Channel, north of

Jamaica, through Galleon's Passage to ports on the east coast of South America.

1 1 . 8 T h e T r a n s - P a n a m a P i p e l i n e

11.9.1 With the opening of the Trans-Alaska Pipeline in 1977, a large amount of Alaskan crude petroleum

began entering the Caribbean via the Panama Canal. Since the large crude carriers were unable to use the

Panama Canal, transhipment to smaller tankers was necessary on the Pacific side. To improve the efficiency

of this operation, the Republic of Panama joined with two American companies in constructing the Trans-

Panama Pipeline, with a capacity of 700,000 bbls/day, which became operational in 1982. The opening of the

pipeline made little change in vessel routes; however, it did increase the capacity of the vessel petroleum

trade routes between the Pacific and the Atlantic via the Isthmus of Panama.

11.9.2 The primary routes of the Alaskan crude petroleum are from Chiriqui Grande, the Atlantic terminus

of the Trans-Panama Pipeline (about 100 miles west of the Panama Canal), east to Puerto Rico and the

Virgin Islands, and north through the Yucatan Channel to the U.S. Gulf Coast, and thence via the Straits of

Florida to U.S. East Coast ports. U.S. Federal statute prohibits Alaskan crude from being exported and,

therefore, the routes followed by this petroleum are well-defined.


79

1 1 . 9 F r e q u e n c y o f T r a n s i t s b y S i z e o f C a r g o - L a d e n T a n k e r s T h r o u g h T h e S t r a i t s o f L e a s t W i d t h

11.10.1 The transits of the Straits of Least Width are dependent upon the volume of crude petroleum and

petroleum products which is transported over the sea lanes in the wider Caribbean region. The trend of U.S.

imports, the major market in the wider Caribbean region, have been increasing over the past several years. If

this present trend continues, the traffic in the straits will increase accordingly. The heaviest increase would

probably be in the Yucatan Channel and the Straits of Florida since the U.S. Gulf Coast has a higher

concentration of refineries than the U.S. East Coast. The steadily growing Mexican oil production adds to this

increase. Similarly, if U.S. oil imports return to their previous decline, and considering the projected decline in

production in Colombian, Venezuelan, the Trinidad crude, an accompanying reduction in tanker traffic density

can be expected.

1 1 . 1 0 C a r i b b e a n A r e a C o n t i n g e n c y P l a n n i n g

11.11.1 Although the risk information contained in this chapter is of importance to the function of the

Caribbean Plan the information is even more vital to the Lead Agencies of the individual Island States and

Territories. The evaluation of each State or Territory risk is paramount to the planning pre-planning phase of

the National Contingency Plan. Those Island States or Territories that border on the eleven identified straits of

least width need to evaluate their response capability in the event of a major marine oil spill incident that could

impact their shores.

Reference: U.S. Dept. of Transportation, United States Coast Guard Office of Marine Environment and

Systems, Washington, DC 20593. Publication CG-W-10-84 entitled Waterborne Trade of Petroleum and

Petroleum Products in the Wider Caribbean Region.


80

C H A P T E R 1 2 . S E N S I T I V E A R E A S I N T H E


1 2 . 1 S e n s i t i v e A r e a s o f I s l a n d S t a t e s a n d T e r r i t o r i e s

12.1.1 The seas bordering the Islands of the Caribbean are known world-wide for their pristine beauty. The

tourist industry in the Island States and Territories relies on clean seas and beaches to sustain tourism which

is an important part of the economy of the region. In addition, the seas in the sub-region are richly endowed

with a wealth of tropical species of flora and fauna. Proliferation of fisheries and wild life resources is of great

concern to all the Island States and Territories of the Wider Caribbean area.

12.1.2 Detailed coastal sensitivity mapping is a function of each Island State or Territory and coastal

sensitivity maps should be included in each of the respective National Contingency Plans annexed to the

Caribbean Plan. For a variety of reasons, some stretches of coastline and coastal waters will be considered

more sensitive than others when oil pollution threatens.

12.1.3 In planning response to oil spills, a knowledge of coastal sensitivities in the threatened area will

enable the best use to be made of available clean-up resources, particularly when it is found impossible to

protect all the coastline, and priorities have to be decided. It should be kept in mind that very rarely, if ever,

can all of the sensitive areas of a given shoreline be protected, even with timely response efforts by the On-

Scene Commander. In many spills it may not prove possible to prevent oil from coming ashore and, in some

circumstances, it might be advantageous to deflect the oil to a chosen place onshore.

1 2 . 2 P l a n n e d S e n s i t i v e A r e a R e s p o n s e

12.2.1 For the purposes of the Caribbean Plan, limited information concerning sensitive shorelines is

illustrated. The National Contingency Plan should identify all sensitive areas reflecting different national

interests: environmental (mangrove, coral etc.); commercial (tourist areas, marinas, etc); and industrial

(desalination plants, aquaculture, refineries, etc.). Supporting maps and other data should identify protection

and response strategies relating to these sensitive areas. The Response Agency, in concert with the National

Fisheries Department, should identify areas where dispersants can, cannot or might not be used. The On-

Scene Commander will then have advance information for choosing a course of action when fishing grounds

are threatened. In contemplating response activities offshore, the use of dispersants will be a viable

consideration and the use of preplanned sensitivity maps will reduce the risk of disagreement and indecision

when faced with difficult decisions during an oil spill emergency.


81

Reference: Data Atlas, Planning a Marine Conservation Strategy for the Caribbean Region prepared by

the International Union for Conservation of Nature and Natural Resources.

Caribbean Islands OPRC Plan 2006

ANNEX A

Convention for the Protection and Development

of the Marine Environment of the Wider Caribbean Region

Protocol concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region

2006

Published by:

Regional Activity Center Regional Marine Pollution Emergency Information and Training Centre- Wider Caribbean Region

RAC/REMPEITC-Carib

Fokkerweg 26, Willemstad Curacao, Netherlands Antilles

Tel: + 5999-461-4012


Fax: + 5999-461-1996

Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region

Protocol concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region

UNITED NATIONS New York, 1983 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region Protocol concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region.

INTRODUCTION 1. In accordance with resolution 2997 (XXVII) of the United Nations General Assembly, UNEP was

established "as a focal point for environmental action and co-ordination within the United Nations system". The Governing Council of UNEP has defined this environmental action as encompassing a comprehensive, transsectorial approach to environmental problems which should deal not only with the consequences but also with the causes of environmental degradation.

2. The UNEP Governing Council has designated "Oceans" among the priority areas in which activities are to

be developed, and the early meetings of the Governing Council endorsed a regional approach to the control of marine pollution and management of marine and coastal resources. Consequently, in 1974 the Regional Seas Programme of UNEP was initiated. The objective and strategy of the Regional Seas Programme were adopted at the sixth session of the UNEP Governing Council, see UNEP/GC.6/7, pare. 397, approved by ac decision 6/2 of 24 May 1978.

3. At present, in accordance with the decisions of the Governing Council, the Regional Seas Programme

covers ten areas where regional action plans are operative or are under development: the Mediterranean Region (adopted in 1975); the Kuwait Action Plan Region (adopted in 1978); the West and Central African Region (adopted in 1981); the Wider Caribbean Region (adopted in 1981); the East Asian Seas Region (adopted in 1981); the South East Pacific Region (adopted in 1981); the Red Sea and Gulf of Aden Region (adopted in 1982); the South Pacific Region (adopted in 1982); the East African Region (under development, adoption expected in 1984); and the Southwest Atlantic Region (under development, adoption expected in 1984).

4. The substantive aspect of any regional programme is outlined in an "action plan" which is formally

adopted by an intergovernmental meeting of the Governments of a particular region before the programme enters an operational phase. In the preparatory phase leading to the adoption of the action plan, Governments are consulted through a series of meetings and missions about the scope and substance of an action plan suitable for their region. In addition, with the co-operation of appropriate global and regional Organizations, reviews on the specific environmental problems of the region are prepared in order to assist the Governments in identifying the most urgent problems in the region and the corresponding priorities to be assigned to the various activities outlined in the action plan. UNEP co-ordinates directly, or in some regions indirectly through existing regional organisations, the preparations leading to the adoption of the action plan.

5. All action plans are structured in a similar way, although the specific activities for any region are

dependent upon the needs and priorities of that region. An action plan usually includes the following components:


(a) Environmental assessment. This concerns assessing and evaluating the causes of environmental problems as well as their magnitude and impact on the region. Emphasis is given to such activities as: baseline studies; research and monitoring of the sources, levels and effects of marine pollutants; ecosystem studies; studies of coastal and marine activities and social and economic factors that may influence, or may be influenced by, environmental degradation. Environmental assessment is undertaken to assist national policy makers to manage their natural resources in a more effective and sustainable manner and to provide information on the effectiveness of legal/administrative measures taken to improve the quality of the environment.

(b) Environmental management. Each regional programme includes a wide range of activities in the field of environmental management. Examples of such activities are: co-operative regional projects on training in environmental impact assessment; management of coastal lagoons, estuaries and mangrove ecosystems; control of industrial, agricultural and domestic wastes; and formulation of contingency plans for dealing with pollution emergencies. As both environmental assessment and environmental management activities are to be actually carried out by designated national institutions, assistance and training are provided, where necessary, to allow national institutions to participate fully in the programme.

(c) Environmental legislation. An umbrella regional convention, elaborated by specific technical protocols, often provides a legal framework for co-operative regional and national actions. The legal commitment of Governments clearly expresses their political will to manage individually and jointly their common environmental problems.

(d) Institutional arrangement. When adopting an action plan, Governments agree upon an organisation to act as the permanent or interim secretariat of the action plan. Governments are also expected to decide upon the periodicity of intergovernmental meetings which are to be responsible for reviewing the progress of the agreed workplan and for approving new activities and the necessary budgetary support.

(e) Financial arrangements. UNEP, together with selected United Nations and other organisations, provides "seed money" or catalytic financing in the early stages of regional programmes. However, as a programme develops, it is expected that the Governments of the region will progressively assume full financial responsibility. Government financing is usually channelled through special regional trust funds to which Governments make annual contributions. These funds are administered by the organisation responsible for the secretariat functions of the action plan. In addition, Governments may contribute directly to the national institutions participating in the programme or to specific project activities.

6. It is essential to bear in mind that all components of a regional programme are interdependent.

Assessment activities identify the problems that need priority attention in the region. Legal agreements are negotiated to strengthen co-operation among States in managing the identified problems. They also provide an important tool for national policy makers to implement national control activities. Management activities, aimed at controlling existing environmental problems and preventing the development of new ones, are one of the means by which States fulfil their treaty obligations. co-ordinated assessment activities then continue to assist Governments by providing scientific information by which to judge whether the legal agreements and management policies are effective.

7. This publication contains the texts of the two legal agreements that have been adopted for the protection and development of the marine environment of the wider Caribbean region. In considering the agreements, the comprehensive scope of environmental assessment and management activities that are carried out to support and make effective the contracting parties' legal commitments should be borne in mind.

8. The Conference of Plenipotentiaries on the Protection and Development of the Marine Environment of the Wider Caribbean Region was convened by the Executive Director of the United Nations Environment Programme in pursuance of a recommendation adopted by the Intergovernmental Meeting on the Action Plan for the Caribbean Environment Programme (Montego Bay, 6 to 8 April 1981). The Conference met at Cartagena de Indias, from 21 to 24 March 1983, at the invitation of the Government of the Republic of Colombia.

9. As a result of its deliberations, the following instruments were adopted by the Conference: Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region; Protocol concerning co-operation in Combating Oil Spills in the Wider


Caribbean Region. 10. The Government of the Republic of Colombia has been designated as the Depositary for the Convention

and Protocol (Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, article 30). UNEP has been designated as responsible for carrying out the secretariat functions for the Convention and Protocol. (Ibid., article 15.) A list of Contracting Parties and Signatories is presented in the appendix at the end of this document.

11. The Convention is a comprehensive, umbrella agreement for the protection and development of the marine environment. It lists the sources of pollution which require control: pollution from ships, dumping, landbased sources and seabed activities together with airborne pollution. It also identifies environmental management issues for which co-operative efforts are to be made: specially protected areas, co-operation in cases of emergency, environmental impact assessment and scientific and technical co-operation. There is also an article on liability and compensation.

12. By ratifying a protocol, a Party accepts more specific obligations to control pollution from a discrete source, or to co-operate in a specific aspect of environmental management. Under the Convention no State or regional economic integration organisation may become a contracting party to the Convention without also becoming a contracting party to at least one protocol. It is foreseen that additional protocols will be developed in the future.(Ibid., article 4.)

13. It should be noted that the adoption of the Protocol concerning co-operation in Combating Oil Spills in the Wider Caribbean Region was facilitated by the preparatory work undertaken and the assistance provided by the International Maritime Organisation.

CONVENTION FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT

OF THE WIDER CARIBBEAN REGION

The Contracting Parties, Fully aware of the economic and social value of the marine environment, including coastal areas, of the

wider Caribbean region,

Conscious of their responsibility to protect the marine environment of the wider Caribbean region for the benefit and enjoyment of present and future generations,

Recognizing the special hydrographic and ecological characteristics of the region and its vulnerability to pollution,

Recognizing further the threat to the marine environment, its ecological equilibrium, resources and legitimate uses posed by pollution and by the absence of sufficient integration of an environmental dimension into the development process,

Considering the protection of the ecosystems of the marine environment of the wider Caribbean region to be one of their principal objectives,

Releasing fully the need for co-operation amongst themselves and with competent international Organizations in order to ensure co-ordinated and comprehensive development without environmental damage,

Recognising the desirability of securing the wider acceptance of international marine pollution agreements already in existence,

Noting however, that, in spite of the progress already achieved, these agreements do not cover all aspects of environmental deterioration and do not entirely meet the special requirements of the wider Caribbean region,

Have agreed as follows:


Article I Convention AREA

1. This Convention shall apply to the wider Caribbean region, hereinafter referred to as "the Convention area" as defined in paragraph I of article 2. 2. Except as may be otherwise provided in any protocol to this Convention, the Convention area shall not include internal waters of the Contracting Parties.

Article 2 DEFINITIONS

For the purposes of this Convention: 1. The "Convention area" means the marine environment of the Gulf of Mexico, the Caribbean Sea and the areas of the Atlantic Ocean adjacent thereto, south of 30ø north latitude and within 200 nautical miles of the Atlantic coasts of the States referred to in article 25 of the Convention. 2. "Organisation" means the institution designated to carry out the functions enumerated in paragraph 1 of

article 15.

Article 3 GENERAL PROVISIONS

1. The Contracting Parties shall endeavour to conclude bilateral or multilateral agreements, including regional or subregional agreements, for the protection of the marine environment of the Convention area. Such agreements shall be consistent with this Convention and in accordance with international law. Copies of such agreements shall be communicated to the Organisation and, through the Organisation, to all signatories and Contracting Parties to this Convention. 2. This Convention and its protocols shall be construed in accordance with international law relating to their subject matter. Nothing in this Convention or its protocols shall be deemed to affect obligations assumed by the Contracting Parties under agreements previously concluded. 3. Nothing in this Convention or its protocols shall prejudice the present or future claims or the legal views of any Contracting Party concerning the nature and extent of maritime jurisdiction.

Article 4 GENERAL OBLIGATIONS

1. The Contracting Parties shall, individually or jointly, take all appropriate measures in conformity with international law and in accordance with this Convention and those of its protocols in force to which they are parties to prevent, reduce and control pollution of the Convention area and to ensure sound environmental management, using for this purpose the best practicable means at their disposal and in accordance with their capabilities. 2. The Contracting Parties shall, in taking the measures referred to in paragraph 1, ensure that the implementation of those measures does not cause pollution of the marine environment outside the Convention area. 3. The Contracting Parties shall co-operate in the formulation and adoption of protocols or other agreements to facilitate the effective implementation of this Convention. 4. The Contracting Parties shall take appropriate measures, in conformity with international law, for the effective discharge of the obligations prescribed in this Convention and its protocols and shall endeavour to harmonise their policies in this regard. 5. The Contracting Parties shall co-operate with the competent international, regional and subregional

organisations for the effective implementation of this Convention and its protocols. They shall assist each other in fulfilling their obligations under this Convention and its protocols.


Article 5 POLLUTION FROM SHIPS

The Contracting Parties shall take all appropriate measures to prevent, reduce and control pollution of

the Convention area caused by discharges from ships and, for this purpose, to ensure the effective implementation of the applicable international rules and standards established by the competent international organisation.

Article 6 POLLUTION CAUSED BY DUMPING


the Convention area caused by dumping of wastes and other matter at sea from ships, aircraft or man-made structures at sea, and to ensure the effective implementation of the applicable international rules and standards

Article 7 POLLUTION FROM LANDÄBASED SOURCES

The Contracting Parties shall take all appropriate measures to prevent, reduce and control pollution of the Convention area caused by coastal disposal or by discharges emanating from rivers, estuaries, coastal establishments, outfall structures, or any other sources on their territories.

Article 8 POLLUTION FROM SEA-BED ACTIVITIES


the Convention area resulting directly or in" directly from exploration and exploitation of the sea-bed and its subsoil

Article 9 AIRBORNE POLLUTION


the Convention area resulting from discharges into the atmosphere from activities under their jurisdiction.

Article 10 SPECIALLY PROTECTED AREAS

The Contracting Parties shall, individually or jointly, take all appropriate measures to protect and

preserve rare or fragile ecosystems, as well as the habitat of depleted, threatened or endangered species, in the Convention area. To this end, the Contracting Parties shall endeavour to establish protected areas. The establishment of such areas shall not affect the rights of other Contracting Parties and third States. In addition, the Contracting Parties shall exchange information concerning the administration and management of such areas.

Article 11 CO-OPERATION IN CASES OF EMERGENCY


1. The Contracting Parties shall co-operate in taking all necessary measures to respond to pollution emergencies in the Convention area, whatever the cause of such emergencies, and to control, reduce or eliminate pollution or the threat of pollution resulting therefrom. To this end, the Contracting Parties shall, individually and jointly, develop and promote contingency plans for responding to incidents involving pollution or the threat thereof in the Convention area. 2. When a Contracting Party becomes aware of cases in which the Convention area is in imminent danger of being polluted or has been polluted, it shall immediately notify other States likely to be affected by such pollution, as well as the competent international organisations. Furthermore, it shall inform, as soon as feasible, such other States and competent international Organizations of measures it has taken to minimise or reduce pollution or the threat thereof.

Article 12 Environmental IMPACT ASSESSMENT

1. As part of their environmental management policies the Contracting Parties undertake to develop technical and other guidelines to assist the planning of their major development projects in such a way as to prevent or minimise harmful impacts on the Convention area. 2. Each Contracting Party shall assess within its capabilities, or ensure the assessment of, the potential effects of such projects on the marine environment, particularly in coastal areas, so that appropriate measures may be taken to prevent any substantial pollution of, or significant and harmful changes to, the Convention area. 3. With respect to the assessments referred to in paragraph 2, each Contracting Party shall, with the assistance of the Organisation when requested, develop procedures for the dissemination of information and may, where appropriate, invite other Contracting Parties which may be affected to consult with it and to submit comments.

Article 13 SCIENTIFIC AND TECHNICAL OPERATION

1. The Contracting Parties undertake to co-operate, directly and, when appropriate, through the competent international and regional organisations, in scientific research, monitoring and the exchange of data and other scientific information relating to the purposes of this Convention. 2. To this end, the Contracting Parties undertake to develop and co-ordinate their research and monitoring programmes relating to the Convention area and to ensure, in co-operation with the competent international and regional organisations, the necessary links between their research centres and institutes with a view to producing compatible results. With the aim of further protecting the Convention area, the Contracting Parties shall endeavour to participate in international arrangements for pollution research and monitoring. 3. The Contracting Parties undertake to co-operate, directly and, when appropriate, through the competent international and regional organisations, in the provision to other Contracting Parties of technical and other assistance in fields relating to pollution and sound environmental management of the Convention area, taking into account the special needs of the smaller island developing countries and territories.

Article 14 LIABILITY AND COMPENSATION

The Contracting Parties shall co-operate with a view to adopting appropriate rules and procedures,

which are in conformity with international law, in the field of liability and compensation for damage resulting from pollution of the Convention area.

Article 15 INSTITUTIONAL ARRANGEMENTS


1. The Contracting Parties designate the United Nations Environment Programme to carry out the following secretariat functions:

(a) To prepare and convene the meetings of Contracting Parties and conferences provide for in articles 16, 17 and 18;

(b) To transmit the information received in accordance with articles 3, 11 and 22; (c) To perform the functions assigned to it by protocols to this Convention; (d) To consider enquiries by, and information from the Contracting Parties and to consult with them

on questions relating to this Convention, its protocols and annexes thereto; (e) To co-ordinate the implementation of co-operative activities agreed upon by the meetings of

Contracting Parties and conferences provided for in articles 16, 17 and 18; (f) To ensure the necessary co-ordination with other international bodies which the Contracting

Parties consider competent. 2. Each Contracting Party shall designate an appropriate authority to serve as the channel of communication with the Organisation for the purposes of this Convention and its protocols.

Article 16 MEETINGS OF THE CONTRACTING PARTIES

1. The Contracting parties shall hold ordinary meetings once every two years and extraordinary meetings at any other time deemed necessary, upon the request of the Organisation or at the request of any Contracting Party, provided that such requests are supported by the majority of the Contracting Parties. 2. It shall be the function of the meetings of the Contracting Parties to keep under review the implementation of this Convention and its protocols and, in particular: I

(a) To assess periodically the state of the environment in the Convention area; | (b) To consider the information submitted by the Contracting Parties under article 22; (c) To adopt, review and amend annexes to this Convention and to its protocols, in accordance with

article 19; (d) To make recommendations regarding the adoption of any additional protocols or any amendments

to this Convention or its protocols in accordance with articles 17 and 18; (e) To establish working groups as required to consider any matters concerning this Convention and

its protocols, and annexes thereto; (f) To consider co-operative activities to be undertaken within the framework of this Convention and

its protocols, including their financial and institutional implications and to adopt decisions relating thereto;

(g) To consider and undertake any other action that may be required for the achievement of the purposes of this Convention and its protocols.

Article 17 ADOPTION OF PROTOCOLS

1. The Contracting Parties, at a conference of plenipotentiaries, may adopt additional protocols to this Convention pursuant to paragraph 3 of article 4. 2. If so requested by a majority of the Contracting Parties, the Organisation shall convene a conference of plenipotentiaries for the purpose of adopting additional protocols to this Convention.

Article 18 AMENDMENT OF THE CONVENTION AND ITS PROTOCOLS

1. Any Contracting Party may propose amendments to this Convention. Amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organisation at the request of a majority of the Contracting Parties. 2. Any Contracting Party to this Convention may propose amendments to any protocol. Such amendments shall be adopted by a conference of plenipotentiaries which shall be convened by the Organisation at the request of a majority of the Contracting Parties to the protocol concerned.


3. The text of any proposed amendment shall be communicated by the Organisation to all Contracting parties at least 90 days before the opening of the conference of plenipotentiaries. 4. Any amendment to this Convention shall be adopted by a three fourths majority vote of the Contracting Parties to the Convention which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Contracting Parties to the Convention. Amendments to any protocol shall be adopted by a three-fourths majority vote of the Contracting Parties to the protocol which are represented at the conference of plenipotentiaries and shall be submitted by the Depositary for acceptance by all Contracting Parties to the protocol. 5. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraph 3 shall enter into force between Contracting Parties having accepted such amendments on the thirtieth day following the date of receipt by the Depositary of the instruments of at least three fourths of the Contracting Parties to this Convention or to the protocol concerned, as the case may be. Thereafter the amendments shall enter into force for any other Contracting Party on the thirtieth day after the date on which that Party deposits its instrument. 6. After entry into force of an amendment to this Convention or to a protocol, any new Contracting Party to the Convention or such protocols shall become a Contracting Party to the Convention or protocol as amended.

Article 19 ANNEXES AND AMENDMENTS TO ANNEXES

1. Annexes to this Convention or to a protocol shall form an integral part of the Convention or, as the case

may be, such protocol. 2. Except as may be otherwise provided in any protocol with respect to its annexes, the following

procedure shall apply to the adoption and entry into force of amendments to annexes to this Convention or to annexes to a protocol

(a) Any Contracting Party may propose amendments to annexes to this Convention or to annexes to any protocol at a meeting convened pursuant to article 16;

(b) Such amendments shall be adopted by a three-fourth majority vote of the Contracting Parties to the instrument in question present at the meeting referred to in article 16;

(c) The Depositary shall without delay communicate the amendments so adopted to all Contracting Parties to the Convention;

(d) Any Contracting Party that is unable to accept an amendment to annexes to this Convention or to annexes to any protocol shall so notify the Depositary in writing within 90 days from the date on which the amendment was adopted;

(e) The Depositary shall without delay notify all Contracting Parties of notifications received pursuant to the preceding subparagraph;

(f ) On expiry of the period referred to in subparagraph (d), the amendment to the annex shall become effective for all Contracting Parties to this Convention or to the protocol concerned which have not submitted a notification in accordance with the provisions of that subparagraph;

(g) A Contracting Party may at any time substitute an acceptance for a previous declaration of objection, and the amendment shall thereupon enter into force for that Party.

3. The adoption and entry into force of a new annex shall be subject to the same procedure as that for the adoption and entry into force of an amendment to an annex, provided that, if it entails an amendment to the Convention or to one of its protocols, the new annex shall not enter into force until such time as that amendment enters into force. 4. Any amendment to the Annex on Arbitration shall be proposed and adopted, and shall enter into force, in accordance with the procedures set out in article 18.

Article 20 RULES OF PROCEDURE AND FINANCIAL RULES

1. The Contracting Parties shall unanimously adopt rules of procedure for their meetings.


2. The Contracting Parties shall unanimously adopt financial rules, prepared in consultation with the Organization, to determine, in particular, their financial participation under this Convention and under protocols to which they are parties.

Article 21 SPECIAL EXERCISE OF THE RIGHT TO VOTE

In their fields of competence, the regional economic integration organizations referred to in article 25 shall exercise their right to vote with a number of votes equal to the number of their member States which are Contracting Parties to this Convention and to one or more protocols. Such organizations shall not exercise their right to vote if the member States concerned exercise theirs, and vice versa.

Article 22 TRANSMISSION OF INFORMATION

The Contracting Parties shall transmit to the Organization information on the measures adopted by

them in the implementation of this Convention and of protocols to which they are parties, in such form and at such intervals as the meetings of Contracting Parties may determine.

Article 23 SETTLEMENT OF DISPUTES

1. In case of a dispute between Contracting Parties as to the interpretation or application of this Convention or its protocols, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. 2. If the Contracting Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the dispute shall upon common agreement, except as may be otherwise provided in any protocol to this Convention, be submitted to arbitration under the conditions set out in the Annex on Arbitration. However, failure to reach common agreement on submission of the dispute to arbitration shall not absolve the Contracting Parties from the responsibility of continuing to seek to resolve it by the means referred to in paragraph 1. 3. A Contracting Party may at any time declare that it recognizes as compulsory ipso Facto and without special agreement, in relation to any other Contracting Party accepting the same obligation, the application of the arbitration procedure set out in the Annex on Arbitration. Such declaration shall be notified in writing to the Depositary, who shall communicate it to the other Contracting Parties.

Article 24 RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS

1. No State or regional economic integration organization may become a Contracting Party to this Convention unless it becomes at the same time a Contracting Party to at least one protocol to the Convention. No State or regional economic integration organization may become a Contracting Party to a protocol unless it is, or becomes at the same time, a Contracting Party to the Convention. 2. Decisions concerning any protocol shall be taken only by the Contracting Parties to the protocol concerned.

Article 25 SIGNATURE

This Convention and the Protocol concerning cooperation in Combating Oil Spills in the Wider

Caribbean Region shall be open for signature at Cartagena de Indias on 24 March 1983 and at Bogota from 25 March 1983 to 23 March 1984 by States invited to participate in the Conference of Plenipotentiaries on the Protection and Development of the Marine Environment of the Wider Caribbean Region, held at Cartagena de


Indias from 21 to 24 March 1983. The shall also be open for signature between the same dates by any regional economic integration organization exercising competence in fields covered by the Convention and that Protocol and having at least one member State which belongs to the wider Caribbean region, provided that such regional organization has been invited to participate in the Conference of Plenipotentiaries.

Article 26 RATIFICATION, ACCEPTANCE AND APPROVAL

1. This Convention and its protocols shall be subject to ratification, acceptance or approval by States. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Republic of Colombia, which will assume the functions of Depositary. 2. This Convention and its protocols shall also be subject to ratification, acceptance or approval by the organizations referred to in article 25 having at least one member State a party to the Convention. In their instruments of ratification, acceptance or approval, such organizations shall declare the extent of their competence with respect to the matters governed by the Convention and the relevant protocol. Subsequently these organizations shall inform the Depositary of any substantial modification in the extent of their competence.

Article 27 ACCESSION

1. This Convention and its protocols shall be open for accession by the States and organizations referred to in article 25 as from the day following the date on which the Convention or the protocol concerned is closed for signature. 2. After entry into force of this Convention and of any protocol, any State or regional economic integration organization not referred to in article 25 may accede to the Convention and to any protocol subject to prior approval by three fourths of the Contracting Parties to the Convention or the protocol concerned, provided that any such regional economic integration organization exercises competence in fields covered by the Convention and the relevant protocol and has at least one member State, belonging to the wider Caribbean region, that is a party to the Convention and the relevant protocol. 3. In their instruments of accession, the organizations referred to in paragraphs I and 2 shall declare the extent of their competence with respect to the matters governed by the Convention and the relevant protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence. 4. Instruments of accession shall be deposited with the Depositary.

Article 28 ENTRY INTO FORCE

1. This Convention and the Protocol concerning cooperation in Combating Oil Spills in the Wider Caribbean Region shall enter into force on the thirtieth day following the date of deposit of the ninth instrument of ratification, acceptance or approval of, or accession to, those agreements by the States referred to in article 25. 2. Any additional protocol to this Convention, except as otherwise provided in such protocol, shall enter into force on the thirtieth day following the date of deposit of the ninth instrument of ratification, acceptance, or approval of such protocol, or of accession thereto. 3. For the purposes of paragraphs I and 2, any instrument deposited by an organization referred to in article 25 shall not be counted as additional to that deposited by any member State of such organization. 4. Thereafter, this Convention and any protocol shall enter into force with respect to any State or organization referred to in article 25 or article 27 on the thirtieth day following the date of deposit of its instruments of ratification, acceptance, approval or accession.

Article 29 DENUNCIATION


1. At any time after two years from the date of entry into force of this Convention with respect to a Contracting Party, that Contracting Party may denounce the Convention by giving written notification to the Depositary. 2. Except as may be otherwise provided in any protocol to this Convention, any Contracting Party may, at any time after two years from the date of entry into force of such protocol with respect to that Contracting Party, denounce the protocol by giving written notification to the Depositary. 3. Denunciation shall take effect on the ninetieth day after the date on which notification is received by the Depositary. 4. Any Contracting Party which denounces this Convention shall be considered as also having denounced any protocol to which it was a Contracting Party. 5. Any Contracting Party which, upon its denunciation of a protocol, is no longer a Contracting Party to any protocol to this Convention, shall be considered as also having denounced the Convention itself.

Article 30 DEPOSITARY

1. The Depositary shall inform the Signatories and the Contracting Parties, as well as the Organization, of:

(a) The signature of this Convention and of its protocols, and the deposit of instruments of ratification, acceptance, approval or accession;

(b) The date on which the Convention or any protocol will come into force for each Contracting Party; (c) Notification of any denunciation and the date on which it will take effect;

(d) The amendments adopted with respect to the Convention or to any protocol, their acceptance by the Contracting Parties and the date of their entry into force;

(e) All matters relating to new annexes and to the amendment of any annex; (f) Notifications by regional economic integration organizations of the extent of their competence with

respect to matters governed by this Convention and the relevant protocols, and of any modifications thereto.

2. The original of this Convention and of any protocol shall be deposited with the Depositary, the Government of the Republic of Colombia, which shall send certified copies thereof to the Signatories, the Contracting Parties, and the Organization. 3. As soon as the Convention and its protocols enter into force, the Depositary shall transmit a certified copy of the instrument concerned to the Secretary General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. ..

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Convention.

DONE AT CARTAGENA DE INDIAS this twenty-fourth day of March one thousand nine hundred and eighty-three in a single copy in the English, French and Spanish languages, the three texts being equally authentic.

Caribbean Island OPRC Plan 13

ANNEX Arbitration

Article I

Unless the agreement referred to in article 23 of the Convention provides otherwise, the arbitration

procedure shall be conducted in accordance with articles 2 to 10 below.

Article 2

The claimant party shall notify the Organization that the parties have agreed to submit the dispute to arbitration pursuant to paragraph 2 or paragraph 3 of article 23 of the Convention. The notification shall state the subject-matter of arbitration and include, in particular, the articles of the Convention or the protocol, the interpretation or application of which are at issue. The Organization shall forward the information thus received to all Contracting Parties to the Convention or to the protocol concerned.

Article 3

The arbitral tribunal shall consist of three members. Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator who shall be the chairman of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity.

Article 4

1. If the chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the secretary-general of the United nations shall, at the request of either party, designate him within a further two months' period. 2. If one of the parties to the dispute does not appoint an arbitrator within two months of receipt of the request, the other party may inform the secretary-general of the United Nations who shall designate the chairman of the arbitral tribunal within a further two months' period. Upon designation, the chairman of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. After such period, he shall inform the secretary-general of the United Nations, who shall make this appointment within a further two months' period.

Article 5

1. The arbitral tribunal shall render its decision in accordance with international law and in accordance with the provisions of this Convention and the protocol or protocols concerned. 2. Any arbitral tribunal constituted under the provisions of this annex shall draw up its own rules of procedure.

Article 6

1. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members. 2. The tribunal may take all appropriate measures in order to establish the facts. It may, at the request of one of the parties, recommend essential interim measures of protection. 3. The parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings. 4. The absence or default of a party to the dispute shall not constitute an impediment to the proceedings.


Article 7

The tribunal may hear and determine counterclaims arising directly out of the subject matter of the dispute.

Article 8

Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties.

Article 9

Any Contracting Party that has an interest of a legal nature in the subject matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal.

Article 10

1. The tribunal shall render its award within five months of the date on which it is established unless it finds it necessary to extend the time-limit for a period which should not exceed five months. 2. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon the parties to the dispute. 3. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another arbitral tribunal constituted for this purpose in the same manner as the first.

PROTOCOL CONCERNING COÄOPERATION IN COMBATING OIL SPILLS IN THE WIDER CARIBBEAN REGION

The Contracting Parties to this Protocol,

Being Contracting Parties to the Convention for the Protection and Development of the Marine

Environment of the Wider Caribbean Region, done at Cartagena de Indias on 24 March 1983,

Conscious that oil exploration, production and refining activities, as well as related marine transport, pose a threat of significant oil spills in the wider Caribbean region,

Aware that the islands of the region are particularly vulnerable, owing to the fragility of their ecosystems and the economic reliance of certain of them on the continuous utilization of their coastal areas, to damage resulting from significant oil pollution,

Recognizing that, in the event of an oil spill or the threat thereof, prompt and effective action should be taken initially at the national level, to organize and coordinate prevention, mitigation and cleanup activities,

Recognizing further the importance of sound preparation, cooperation and mutual assistance in responding effectively to oil spills or the threat thereof,

Determined to avert, through the adoption of measures to prevent and combat pollution resulting from oil spills, damage to the marine environment, including coastal areas, of the wider Caribbean region,

Have agreed as follows:


Article I ' DEFINITIONS

For the purposes of this Protocol:

1. "Wider Caribbean region" means the Convention area as defined in article 2 of the Convention and adjacent coastal areas. 2. "Convention" means the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region. 3. "Related interests" means the interests of a Contracting Party directly affected or threatened and concerning, among others:

(a) Maritime, coastal, port or estuarine activities; (b) The historical and tourist appeal of the area in question, including water sports and recreation; (c) The health of the coastal population; and (d) Fishing activities and the conservation of natural resources.

4. "Oil spill incident" means a discharge, or a significant threat of a discharge, of oil, however caused, of a magnitude that requires emergency action or other immediate response for the purpose of minimizing its effects or eliminating the threat. 5. "Organization" means the institution referred to in paragraph 2 of article 2 of the Convention. 6. "Regional coordinating Unit" means the unit referred to in the Action Plan for the Caribbean Environment Programme.

Article 2 APPLICATION

This Protocol applies to oil spill incidents which have resulted in, or which pose a significant threat of,

pollution to the marine and coastal environment of the wider Caribbean region or which adversely affect the related interests of one or more of the Contracting Parties.

Article 3

GENERAE Provisions

1. The Contracting Parties shall, within their capabilities, cooperate in taking all necessary measures, both preventive and remedial, for the protection of the marine and coastal environment of the wider Caribbean region, particularly the coastal areas of the islands of the region, from oil spill incidents. 2. The Contracting Parties shall, within their capabilities, establish and maintain, or ensure the establishment and maintenance of, the means of responding to oil spill incidents and shall endeavor to reduce the risk thereof. Such means shall include the enactment, as necessary, or relevant legislation, the preparation of contingency plans, the identification and development of the capability to respond to an oil spill incident and the designation of an authority responsible for the implementation of this Protocol.

Article 4 EXCHANGE OF Information

Each Contracting Party shall periodically exchange with the other Contracting Parties up-to-date

information relating to its implementation of this Protocol, including the identity of the authorities responsible for such implementation, and information on their laws, regulations, institutions and operational procedures relating to the prevention of oil spill incidents and to the means of reducing and combating the harmful effects of oil spills.

Article 5 COMMUNICATION OF INFORMATION CONCERNING, AND


REPORTING OF, OIL SPILL INCIDENTS 1. Each Contracting Party shall establish appropriate procedures to ensure that information regarding oil spill incidents is reported as rapidly as possible, and shall, inter alia: (a) Require its appropriate officials, masters of ships flying its flag and persons in charge of offshore facilities operating under its jurisdiction to report to it any oil spill incident involving their ships or facilities; (b) Request masters of all ships and pilots of all aircraft operating in the vicinity of its coast to report to it any oil spill incident of which they are aware. 2. In the event of receiving a report regarding an oil spill incident, a Contracting Party shall immediately notify all other Contracting Parties whose interests are likely to be affected by such incident, as well as the flag State of any ship involved in it. The Contracting Parties shall also inform the competent international organizations. Furthermore, as soon as feasible, it shall inform such Contracting Parties and competent organizations of measures it has taken to minimize or reduce pollution or the threat thereof.

Article 6 MUTUAL ASSISTANCE

1. Each Contracting Party shall render assistance, within its capabilities, to other Contracting Parties which request assistance in responding to an oil spill incident within the framework of joint response action agreed between or among the requesting and assisting Contracting Parties. 2. Each Contracting Party shall, subject to its laws and regulations, facilitate the movement into, through and out of its territory of technical personnel, equipment and material necessary for responding to an oil spill incident.

Article 7 OPERATIONAL MEASURES

Each Contracting Party shall, within its capabilities, take steps including those outlined below in

responding to an oil spill incident: (a) Make a preliminary assessment of the incident, including the type and extent of existing or likely

pollution effects; (b) Promptly communicate information concerning the incident pursuant to article 5; (c) Promptly determine its ability to take effective measures to respond to the incident and the

assistance that might be required; (d) Consult as appropriate with other Contracting Parties concerned in the process of determining the

necessary response to the incident; (e) Take the measures necessary to prevent, reduce or eliminate the effects of the incident, including

monitoring of the situation.

Article 8 SUBREGIONAL ARRANGEMENTS

1. With a view to facilitating the implementation of the provisions of this Protocol, and in particular articles 6 and 7, the Contracting Parties should conclude appropriate bilateral or multilateral subregional arrangements. 2. Contracting Parties to this Protocol which enter into such subregional arrangements shall notify the other Contracting Parties, as well as the Organization, of the conclusion and the content of such arrangements.

Article 9

INSTITUTIONAL ARRANGEMENTS


The Contracting Parties designate the Organization to carry out, through the Regional coordinating Unit when established and in close cooperation with the International Maritime Organization, the following functions:

(a) Assisting Contracting Parties, upon request, in the following areas: (i) The preparation, periodic review and updating of the contingency plans referred to in

paragraph 2 of article 3, with a view, inter alia, to promoting the compatibility of the plans of the Contracting Parties, and

(ii) Publicizing training courses and programmes; (b) Assisting the Contracting Parties upon request, on a regional basis, in the following areas:

(i) The coordination of regional emergency response activities, and (ii)The provision of a forum for discussion of such activities and related topics;

(c) Establishing and maintaining liaison with: (i) Competent regional and international organizations, and (ii) Appropriate private entities conducting activities in the wider Caribbean region, including

major oil producers, refiners, oil spill cleanup contractors and cooperatives, and oil transporters;

(d) Maintaining a current inventory of emergency response equipment, materials and expertise available in the wider Caribbean region;

(e) Disseminating information on the prevention and combating of oil spills; (f) Identifying or maintaining means for emergency response communications; (g) Encouraging research by the Contracting Parties, competent international organizations and

appropriate private entities on oil spill-related matters, including the environmental impacts of oil spills and of oil spill control materials and techniques;

(h) Assisting the Contracting Parties in the exchange of information pursuant to article 4; and (i) Preparing reports and carrying out other duties assigned to it by the Contracting Parties.

Article 10 MEETINGS OF THE CONTRACTING PARTTES

1. Ordinary meetings of the Contracting Parties to this Protocol shall be held in conjunction with ordinary meetings of the Contracting Parties to the Convention held pursuant to article 16 of the Convention. The Contracting Parties to this Protocol may also hold extraordinary meetings as provided for in article 16 of the Convention. 2. It shall be the function of the meetings of the Contracting Parties:

(a) To review the operation of this Protocol and to consider special technical arrangements and other measures to improve its effectiveness;

(b) To consider means whereby regional cooperation could be extended to incidents involving hazardous substances other than oil; and

(c) To consider measures to improve cooperation under this Protocol including, in accordance with paragraph 2 (d) of article 16 of the Convention, possible amendments to this Protocol.

Article 11 RELATIONSHIP BETWEEN THIS PROTOCOL AND THE CONVENTION

1. The provisions of the Convention relating to its protocols shall apply to this Protocol. 2. The rules of procedure and the financial rules adopted pursuant to article 20 of the Convention shall apply to this Protocol, unless the Contracting Parties to this Protocol agree otherwise.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

DONE AT CARTAGENA DE INDIAS this twenty-fourth day of March one thousand nine hundred and

eighty-three in a single copy in the English, French and Spanish languages, the three texts being equally authentic.


ANNEX TO TNE PROTOCOL

On the basis of paragraph 2 (b) of Article 10 of this Protocol, the Contracting Parties at their first meeting are committed to preparing, through an annex, the changes necessary to extend this Protocol to regional cooperation to combat spills of hazardous substances other than oil. Pending the preparation and entry into force of such annex, the Protocol shall be provisionally applied upon its entry into force to hazardous substances other than oil.

APPENDIX Status as at 17 February 1997 of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region and the Protocol concerning co-operation in Combating Oil Spills in the Wider Caribbean Region; done march 1983; entered into force 11 October 1986.

Convention Protocol Ratification Ratification Parties Signature Accession - (A) Signature Accession - (A)

Antigua and Barbuda 11 Sept. 1986 A 11 Sept. 1986 A Bahamas Barbados 5 May 1984 28 May 1985 5 May 1984 28 May 1985 Belize Colombia 24 Mar. 1983 3 March 1988 24 Mar. 1983 3 March 1988 Costa Rica 2 Aug. 1991 A 2 Aug. 1991 A Cuba 15 Sept. 1988 A 15 Sept. 1988 A Dominica 5 Oct. 1990 A 5 Oct. 1990 A Dominican Republic European Economic Community 24 Mar. 1983 France 24 Mar. 1983 13 Nov. 1985 24 Mar. 1983 13 Nov. 1985 Grenada 24 Mar. 1983 30 May 1995 24 Mar. 1983 30 May 1995 Guatemala 5 July 1983 18 Dec. 1989 5 July 1983 18 Dec. 1989 Guyana Haiti Honduras 24 Mar. 1983 24 Mar. 1983 Jamaica 24 Mar. 1983 1 April 1987 24 Mar. 1982 1 April 1987 Mexico 24 Mar. 1983 11 April 1985 24 Mar. 1983 11 April 1985 Netherlands. 24 Mar. 1983 16 April 1984 acc 24 Mar. 1983 16 April 1984 acc Nicaragua. 24 Mar. 1983 24 Mar. 1983 Panama 24 Mar. 1983 7 Oct, 1987 24 Mar. 1983 7 Oct. 1987 Saint Lucia. 24 Mar. 1983 30 Nov. 1984 24 Mar. 1983 30 Nov. 1984 Saint Vincent and the Grenadines 11 July 1990 A 11 July 1990 A Suriname Trinidad and Tobago 24 Jan.1986 A 24 Jan.1986 A United Kingdom 24 Mar. 1983 28 Feb. 1986 24 Mar. 1983 28 Feb. 1986 United States of America 24 Mar. 1983 31 Oct. 1984 24 Mar. 1983 31 Oct. 1984 Venezuela 24 Mar. 1983 18 Dec. 1986 24 Mar. 1983 18 Dec. 1986


ANNEX B

CARIBBEAN ISLAND OPRC PLAN

NATIONAL FOCAL POINTS &

COUNTRY PROFILES

2006

Published by:

Regional Activity Center Regional Marine Pollution Emergency Information and Training Centre- Wider Caribbean Region

RAC/REMPEITC-Carib Fokkerweg 26, Willemstad Curacao,

Netherlands Antilles Tel: + 5999-461-4012 Fax: + 5999-461-1996


REGIONAL MARINE POLLUTION EMERGENCY, INFORMATION and TRAINING CENTRE

Wider Caribbean (RAC – REMPEITC-Carib)

STATUS OF CONTINGENCY PLANNING – Country Profile

Curaçao, July 2005.

FOREWORD

Under the Cartagena Convention (1983) for the protection and development of the Marine Environment of the Wider Caribbean Region and the Protocol concerning co-operation in combating oil spills in the Wider Caribbean Region, the Caribbean countries drafted a Sub-Regional Oil Spill Contingency Plan for the Island States and Territories of the Wider Caribbean Region (St. Lucia, May 1984) the “Caribbean Plan”.

IMO, in co-operation with UNEP, has over the years played a Lead role in helping countries in the Wider Caribbean develop national and regional plans for marine pollution preparedness and response and measures related to prevention and control of marine pollution. The Caribbean Islands OPRC Contingency Plan, as an up-date of the “Caribbean Plan”, was adopted at a meeting convened by IMO (Curaçao, Netherlands Antilles -November 1992) which contributes to the implementation of the Protocol Concerning Co-operation in Combating Oil Spills in the Wider Caribbean Region as well as the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention) which entered into force on 13 May 1995.

The primary objectives of the OPRC 90 Convention are to facilitate international co-operation and mutual assistance in preparing for and responding to oil spills and to encourage States to develop and maintain adequate capability to deal credibility with oil pollution emergencies. The OPRC Convention recognise the importance of involving the oil and shipping industry in the implementation of the Convention and the “polluter Pays” principle.

Taking also into account the expressed need of the Island States and Territories of the region for a regional centre to carry out functions regarding oil pollution preparedness, response, assistance / information, training and exercise, IMO proposed, - on request of Island Governments - in consultation with interested parties and donors to achieve the Establishment of a Regional Centre.

The Regional Marine Pollution Emergency, Information and Training Centre Wider Caribbean (REMPEITC-Carib) in Curaçao, accepted and established on a provisional basis by decision of the Seventh Intergovernmental Meeting of the Action Plan and the Fourth Meeting of the Contracting Parties of the


Cartagena Convention and Protocols, December 1994, started the operation June 15th 1995, under the management of the UN-IMO and with the support of the Netherlands Antilles, the Netherlands, the US Coast Guard and since 2002 the French Government.

REMPEITC was adopted as a Regional Activity Center (RAC) at the Ninth Intergovernmental meeting of the Action Plan for the Caribbean Environment Programme held in Kingston Jamaica 14-18 February 2000. The decisions of the meeting had a direct and profound effect on the Centre’s role and responsibilities.

RAC/REMPEITC-Carib is located in Curacao, Netherlands Antilles, in a very strategic position in the Caribbean. The island is located 50 km. north of the Republic of Venezuela, between Aruba to the west and Bonaire to the east.

A Steering Committee was established under the authority of the contracting parties to the Cartagena Convention. The Committee provides guidance and support to the activities of the Centre, in particular for facilitating co-operation among the member countries, organizations and the shipping and oil companies.

In other words the Steering Committee consists of representatives from countries, organizations and industry groups that are donating funds or in-kind support to the Centre and from the IMO and UNEP-CAR/Regional Coordination Unit.

The main objective of the RAC / Rempeitc-Carib is to carry out activities to strengthen national and regional oil response capabilities, facilitate co-operation and mutual assistance, exchange information and co-ordinate the mobilisation of regional and international resources in an emergency. The Centre also explored the availability of necessary funding for a programme of activities to enhance national capacities and institutional strengthening for marine pollution preparedness and response at the national and regional level in the Wider Caribbean Region.

According to the Workplan from 1996, one of the goals to focus on three areas: - encouraging wider adoption of the OPRC Convention, - assisting countries in updating the national and regional oil pollution contingency plans, to train countries and - encouraging the increased exercising of those plans.

To execute this plan, REMPEITC-Carib visited 81% of the dependent and independent Caribbean Island States, Island Territories and Venezuela (32 States and Territories) and met with ministerial and operational focal point agencies. The Centre decided as a result of missions, exercises and workshops, to summarise the status of Contingency Planning in the Caribbean Region.

In principal all parties to the Caribbean Island OPRC Plan have a National Oil Pollution Contingency Plan drafted or in place.

80% of all National Oil Pollution Contingency Plans of the Islands were reviewed, observed, updated or are under revision to meet international standards, and 53% of the Plans have been exercised during the past years. Rempeitc-Carib is still available for further co-operation and assistance. Caribbean Island States and Territories could expresses their requirements in respect with Oil Pollution Preparedness and Response the Centre.

At the 10th anniversary of RAC / Rempeitc-Carib, the Ministry of Transport – Rijkswaterstaat, North Sea supported the Centre to review and update the Status of Contingency Planning for the Caribbean Island States and Territories.

Lead Agencies of the Island States and Territories were invited to review their countries data and to contribute amendments.


The received contributions have been processed and will be part of the updated version of the Caribbean Island OPRC-Plan 2005.

Although every reasonable effort has been made to ensure the completeness and accuracy of the content of the Status of Contingency Planning in the Caribbean, REMPEITC-Carib cannot accept any liability, to any person, for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other causes. The information is subject to change and the circumstances of any particular incident may result in or require different approaches to those described.

If any amendments or additions to the information in the “Status Contingency Planning” are noticed, the Centre would be grateful if these could be transmitted to REMPEITC-Carib, so any necessary changes can be made in future revisions.

RAC / REMPEITC-CARIB

CARIBBEAN ISLAND OPRC-PLAN 2005

Country Profile

5

ANTIGUA & BARBUDA

FOCAL POINTS

MINISTRY OF LEAD AGENCY (Focal Point Agency)

Ministry of Labour Co-operatives and Public Safety Old Intrade Building American Road St. John's, Antigua WI

TEL: +1 (268) 462-4206 or 562-1556 FAX: +1 (268) 462-4742 TELEX: EMAIL: [email protected]

POC: Mrs. Patricia Julian, Director;

LEAD AGENCY (Competent National Authority)

Antigua Barbuda Defense Force Coast Guard P. O. Box 1572 Deepwater Harbour St. John's, Antigua

TEL: +1 (268) 460-0671 FAX: +1 (268) 462-2842 TELEX: 21279 EMAIL: [email protected] POC: Lt (N) Auden Nicolas Commanding Officer

SPILL NOTIFICATION POINT

Antigua Barbuda Defense Force Coast Guard P. O. Box 1572 Deepwater Harbour St. John's, Antigua

TEL: +1 (268) 460-0671 FAX: +1 (268) 462-2842 TELEX: 21279 EMAIL: [email protected] POC: Lt (N) Auden Nicolas Commanding Officer

RESPONSE AGENCY

The West Indies Oil CO., Ltd Frairs’s Hill Road St. John's, Antigua

TEL: +1 (268) 462-0671; +1 (268) 462-0140 (After hrs)) FAX: +1 (268) 462-0543 TELEX: EMAIL: [email protected]

POC: Mr. F. Saddler General Manager

NATIONAL OPERATIONAL CONTACT (under Marpol)

Antigua and Barbuda Department of Marine Services and Merchant Shipping (ADOMS) Corner of Popeshead & Dickenson Bay Street P.O. Box 1394 St. John’s, Antigua

TEL: +1 (268) 462-1273 or 4353 FAX: +1 (268) 462-4358 TELEX: EMAIL: [email protected] POC: Captain J.K. Wendler Director and Registrar General



Country Profile

6

CONTINGENCY PLAN

Organisation and Arrangements:

The National Marine Pollution Contingency Plan for Antigua & Barbuda is in the final stages of being revised. This sets out the strategy and organization for spill response, and integrates with the wider Caribbean Islands OPRC Plan.

The lead agency for government control during an oil spill is the Office of Disaster Preparedness (NODS), which is part of the Ministry of Labour and Health. Other Government departments with an interest or operational role in spills are the Antigua and Barbuda Port Authority, Antigua and Barbuda Police Force, Antigua and Barbuda Defence Force, Ministry of Agriculture, Lands and Fisheries. The Ministry of Public Works and the Environment Division of the Ministry of Tourism and Environment.

The OSC is designated from the Antigua Coast Guard (normally the Operations officer) with an alternate from the Port Authority. A Marine Pollution Sub-Committee (MPS) consisting of representatives from all involved parties has been established. The MPS has a dual role of pre-planning for spills and an advisory role to the OSC during response. The response team would be based in the National Emergency Operations Centre (NEOC) in the NODS.

Response Policy:

Antigua and Barbuda favours the combined approach of containment & recovery, chemical dispersion and manual/mechanical shoreline cleanup. The prevalence of sensitive resources (corals, mangroves, fisheries and tourism) necessitates consultation with MPS before the use of chemicals would be approved.

Small volumes of oily beach material could be landfilled with government approval. Small volumes of liquid oil could be handled by the local oil industry. Larger volumes of waste would probably have to be exported.

Antigua and Barbuda has a mechanism in place to expedite the clearance of equipment through Customs in place.

Equipment:

The Port Authority can provide tugs fitted with dispersant spray gear and storage tanks. Equipment and manpower necessary for shore clean up can be provided by the Ministry of Public Works and the Ministry of Labour Co-operatives and Public Safety. Small vessels and tugs are available locally and would be accessed through the Port Authority for at sea response. Fixed wing charter aircraft and helicopters for air surveillance are available.

The local oil companies hold some resources for dealing with incidents at their own facilities including dispersant and application equipment. This also provides the first tier of response to spills from other sources for the government. Three tankers on long term charter to Shell Antilles and Guianas Ltd, carry on board oil pollution response equipment for use by shoreside personnel.

General indication of the type and amount of oil spill cleanup equipment and materials available from both government and private companies at Antigua and Barbuda.

− 2 x 600’ Boom − 12 x 55 USG dispersant (chemical) − 2 x Workboats − oil dispersant distribution equipment



Country Profile

7

TRAINING AND EXERCISES:

• The National Oil Spill Contingency Plan of Antigua and Barbuda was exercised in 1996 – table top and operational response exercise. (assisted by REMPEITC-Carib)

• Antigua and Barbuda participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, June 1996

• Antigua and Barbuda attended the REMPEITC-Carib, ’97 Carib - OPRC 90 Exercise, Grenada - April 1997

• Antigua and Barbuda participated in the MOBEX 98, St. Kits and Nevis – April 1998

• Key members of State have attended oil spill response, workshops sponsored by Clean Caribbean and Americas

PREVIOUS SPILLS:

May 2003 Antigua faced a Crude Oil Spill of ca. 1,000 USG

CONVENTIONS AND AGREEMENTS

Antigua and Barbuda is party to the following Conventions. These conventions have been ratified and implemented in national Legislation

Oil Spill Response Prevention & Safety Compensation

OPRC 90

OPRC HNS

Cartagena MARPOL Annexes CLC CLCB

Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √

OPRC 90 has been ratified but not yet implemented.

Antigua and Barbuda is not a party to bilateral agreement. The International Convention on Civil Liability for Bunker Oil Pollution Damage (2001) and the OPRC – HNS 2000 have not been ratified or implemented.

FUTURE DEVLOPMENTS

• Antigua and Barbuda have sent and will continue send key employees to workshops hosted by Clean Caribbean and America of which W.I.O.C is a member.

• Antigua and Barbuda would welcome additional training and workshops however.

Date of latest information, Updated 20 June 2006

8

RAC / REMPEITC-CARIB CARIBBEAN ISLAND OPRC-PLAN 2005

Country Profile

ANGUILLA (BWI)

FOCAL POINTS


Ministry of Home Affairs and Natural Resources Chief Minister’s Office The Secretariat The Valley P.O. Box 60 Anguilla, British West Indies

TEL: +1 (264) 497-2518; 497-2451ex 2400 FAX: +1 (264) 497-3389 EMAIL: [email protected]

POC: Mr. Rodney Rey Permanent Secretary


Director Disaster Management Department of Disaster Management The Valley P.O. Box 60 Anguilla, British West Indies

TEL: +1 (264) 497-5666 / 5667 FAX: +1 (264) 497-2378 EMAIL: [email protected] [email protected]

POC: Mr. Wycliffe Richardson Director Disaster Management


Police Headquarters The Valley, Anguilla, British West Indies

TEL: +1 (264) 497-2333/5333/2533 FAX: +1 (264) 497-3746 EMAIL: [email protected] POC: Keithly Benjamin Commissioner of Police

RESPONSE AGENCY

Department of Fisheries and Marine Resources The Valley P.O. Box 60 Anguilla, British West Indies

TEL: +1 (264) 497-2871 FAX: +1 (264) 497-3389 EMAIL: [email protected] POC: Mr. James C. Gumbs Director


Royal Anguilla Police Force Marine Section Sandy Ground Police Section and Marine Base Sandy Ground Anguilla, British West Indies

TEL: +1 (264) 497-5333 / 2333 / 2354/5300 FAX: +1 (264) 497-3746 EMAIL: POC: Supt Rudolph Proctor

9

CONTINGENCY PLAN


Anguilla finalised their National Oil Spill Contingency Plan in 1994. The Plan was updated in 1996, taking into account the developments on Oil Spill Prevention Response and Co-operation during the past two years in the Wider Caribbean region, e.g. regional co-operation and closer co-operation with the oil industry.

The government Lead Agency for oil spill control is the National Disaster Management Office (NDMO) in the Office of the Chief Minister.

A Marine Pollution Action Group (MPAG) will assist the Lead Agency in the event of a spill and comprises representatives of Departments within the Government and the Oil Industry. The Deputy Governor of Anguilla will chair the MPAG

The On-Scene Commander (OSC) has been appointed from the Department of Fisheries and Marine Resources and will operate under the overall control and direction of NDPO/MPAG.

The Emergency Operation Centre (EOC) has been established at Police Headquarters, the Valley.

The Oil Industry (Shell) agreed to provide the first tier response - and tier 2 & 3 response in case one of their tankers are involved - in other situations assistance will be sought from the UK and from adjacent Caribbean Island States and Territories using procedures identified in the Caribbean Island OPRC Plan. The point of contact for the latter plan is REMPEITC-Carib, Curaçao.

Response:

The response strategy for Anguilla is based on the joint approach of recovery/containment, the use of approved chemical dispersant and manual shore clean-up. The are no local stockpiles of dispersant or application equipment. The use of dispersant needs the approval of the MPAG.

There is no government owned recovery equipment in stock on the Island for off shore counter measures. The Department of Fisheries and Marine Resources could arrange local labour and some earth moving equipment for shoreline clean up.

The Airport of Wallblake could only handle light type aircraft and helicopters for aerial surveillance purposes and passengers handling. Heavy counter pollution equipment from CCA and or OSRC has to be shipped via St. Maarten.

Salvage, heavy powered Tugboats are available at St. Eustatius or the USVI.

Disposal of small quantities of oily beach material could be landfilled at the Anguilla public refuse tip, but larger volumes and bulk wastes have to be exported for final treatment and disposal.

EQUIPMENT:

There is no government owned recovery equipment in stock on the island for offshore counter measures. The Department of Fisheries and Marine Resources and the Ministry of Communications, Infrastructure, Communications and Housing would arrange for labour and some earth moving equipment for shoreline cleanup. Small vessels and tugs, normally employed by the tourist industry may be able to assist with at sea response. Helicopters for air surveillance are available from Puerto Rico, St. Croix and St. Thomas in the USVI, and from nearby St. Maarten. Fixed wing charter aircraft are available from local firms at Wallblake Airport.

10

Limited resources for oil spill response are held by Shell Antilles and Guianas Ltd. In addition, three tankers on long term charter to Shell Trading Co. / Shell Antilles and Guianas Ltd, which deliver products throughout the Caribbean, carry on board oil pollution response equipment. The equipment is primarily intended for use by shoreline personnel only.


• The National Oil Spill Contingency Plan of Anguilla was exercised in 1997 – table top and operational response exercise.

• Anguilla attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• Anguilla participated in the Industry/REMPEITC-Carib MOBEX 98, St. Kitts and Nevis, April 1998.

PREVIOUS SPILLS:

None was reported after 1994


Anguilla is party to the following Conventions. These Conventions have been ratified and have been implemented in the National legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √

Anguilla is not a Party to any regional or bilateral agreement

FUTURE DEVELOPMENTS

• Anguilla has just completed a Comprehensive Disaster Management Strategy which encompasses all hazards including oil spills and this was discussed at length at the Disaster Management Consultation on 1st July 2005

• There is an urgent need to update the Oil Spill Plan and efforts are being taken in that direction.

• The island works closely with its closest neighbours French and Dutch St Maarten

• Anguilla has the intention to start negotiations on bilateral agreements with neighbouring Island States and Territories regarding mutual assistance in the event of a spill.


11


Country Profile

ARUBA

FOCAL POINTS


Ministry of General Affairs L.G. Smith Blvd. 76 Oranjestad, Aruba

TEL: + (297) 582-4900 FAX: TELEX: 297-85060 BSKAR EMAIL: POC: Secretary, Council of Ministers


Crisis Management Office Aruba L.G. Smith Boulevard 158 Oranjestad, Aruba

TEL: + (297) 588-0100 FAX: + (297) 588-7848 TELEX: none EMAIL: [email protected]

POC: Mr. Bibi Arends, Director


Aruba Port Authority L.G. Smith Boulevard 23 Oranjestad Aruba

TEL: + (297) 582-6633 FAX: + (297) 583-2896 TELEX: 5120 HAFAR NA EMAIL: POC:

RESPONSE AGENCY

Aruba Port Authority L.G. Smith Boulevard 23 Oranjestad, Aruba

TEL: + (297) 582-6633 FAX: + (297) 583-2896 TELEX: 5120 HAFAR NA EMAIL: POC:


Coast Guard Center Netherlands Antilles & Aruba JRCC Curaçao Florence Nigthingaleweg Willemstad, Curaçao Neterlands Antilles

TEL: + (599 9) 463-7432 (24hrs) FAX: + (599 9) 463-7717 TELEX: (0390) 1560 EMAIl: [email protected] [email protected]

12

CONTINGENCY PLAN

Organisation and Arrangements

Aruba reorganized their Oil Pollution Preparedness and Response Organization in line with the Disaster Preparedness and Response Organization – “The Crisis Management Office Aruba” – this Year The 1994 Plan will be replaced late 2005.

The National Oil Pollution Contingency Plan of Aruba, drafted in accordance with OPRC 90 and approved by the Government in 1994, contains the structure of the national organization on Aruba for combating oil pollution at sea, ports and along the coast.

The objective of the plan is, as far as possible and to the best ability, to limit and prevent damage occurring as a result of oil pollution at sea, in ports and along the coast, and promotion of co-operation with Oil Industry.

The Ministry of lead agency for spill response in Aruba’s waters is the Ministry of General Affairs. The lead agency for the government control during oil spill is the Crisis Management Director Aruba.

The response to oil pollution incidents will be entrusted to an organization composed of – a National Oil Pollution Response Team (Policy, international aspects), and a National Oil Pollution Response Team (responsible for effectuating and for the leadership of the response demand at operational level – at sea, inshore, ports and ashore)

Both teams have a fixed staff of designated governmental representatives and a core of experts, and could be expanded depending on the type of incident involved.

A National Response Centre (NTC) has been established at the command centre of the Fire Brigade.

Response:

The response policy for Aruba adopts the joint approach of containment/recovery, natural dispersion, restricted use of dispersant and shoreline clean up.

The Aruba Port Authority has been appointed as the Response Agency and will be assisted by other governmental agencies and private identities.

Any collected waste oil may be processed through the local refinery.

Equipment:

The Port Authorities of Aruba owns a limited quantity of response equipment, and has tugs to assist in cleanup and salvage operations. The Royal Netherlands Navy has a supply vessel that carries recovery equipment onboard. The desalination plant has not yet installed its own booms at its seawater intakes. Aerial surveillance would be undertaken using private contracted aircraft and aircraft from the Royal Netherlands Air Force and Navy. The Coast Guard for the Netherlands Antilles and Aruba auxiliaries also has access to aircraft and vessels.

Oil Industry, Coastal Refineries Aruba has agreed, to provide first response for the government, after which assistance would be sought from MOU partners and from adjacent Caribbean Island States.

The Oil Company is not yet a member of Clean Caribbean and America.

Direct available assistance could be provided by Venezuela, until 45,000 bbl (7,000 ton), according the bilateral agreement on oil pollution contingency between the Kingdom of the Netherlands and Venezuela, (MOU, Aruba – N.A. – Venezuela).

13

Salvage: Smit International Antilles, Curaçao, operates tugs and equipment for salvage

TRAINING AND EXERCISE:

• Aruba attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• Aruba participated in the IMO Model Training Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Aruba attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1997

• Aruba participated, on behalf of the Oil Industry, to the Clean Caribbean and Americas (CCA) Training Courses

• Aruba participated in the IMO Model Training Course – Managers/Administrators level 3 Course, Curaçao-November 1997

• Aruba attended the St. Lucia Carib 98 OPRC Training and Exercise – March 1998

PREVIOUS SPILLS

No Spills have been reported to Rempeic-Carib since 1999


Aruba is party to the following Conventions. These conventions have been ratified and implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √

Aruba is party to the bilateral MOU - “Oil Pollution Contingency Agreement” between the Kingdom of the Netherlands (the Netherlands - Aruba and the Netherlands Antilles) and Venezuela.

FUTURE DEVELOPMENTS

• the CLC/Fund Convention and Protocols had been adopted by Parliament and will be implemented

• requested REMPEITC-Carib to conduct an Imo Model Training Exercise – level 1 late 2005

• Aruba is looking for a more direct co-operation with Rempeitc-Carib

Date of latest information, partly updated 20 June 2006

14


Country Profile

BAHAMAS

FOCAL POINTS


Ministry of Transport and Aviation Gold Circle House East Bay Street Nassau, Bahamas

TEL: +1 (242) 394-0445 FAX: +1 (242) 394-5920 TELEX: 20263 BAHAMARINE EMAIL: POC: Mr. C.E. Dean Permanent Secretary


Port Department P. O. Box N.8175 Nassau, Bahamas

TEL: +1 (242) 326-5677; +1 (242) 323-3191 (after hrs.) FAX: +1 (242) 322-5545 TELEX: 20590 EMAIL:

POC: Capt. Anthony Allens


Port Controller Nassau Port Authority P.O. Box N-8175 Nassau

TEL: +1 (242) 326-5677 FAX: +1 (242) 322-5545 TELEX: EMAIL: POC:

RESPONSE AGENCY

Port Department P. O. Box N.8175 Nassau, Bahamas

TEL: (242) 322-5677 FAX: (242) 322-5545 TELEX: 20590 EMAIL:

POC: Port Director


The Bahamas Maritime Authority Latham House 16 Minories London EC3N 1EH United Kingdom

TEL: +44 (20) 7 264-2550 +44 (20) 7 977-471220 (24hrs) FAX: +44 (20) 7 264-2579 TELEX: EMAIL: POC:

15

CONTINGENCY PLAN


The Ministry of Transport and Aviation has overall responsibility for oil pollution response in the waters of the Bahamas. An oil spill contingency planning committee chaired by the Permanent Secretary for Transport, comprising representatives from government and industry has been formed to advise the Minister of Transport and Aviation on response measures.

The Marine Pollution Contingency Plan of 1977, revised in 1983, empowers the Director of Maritime Affairs on behalf of the Minister of Transport and Aviation with specific responsibility to intervene and take whatever measures are deemed necessary to prevent pollution. The Plan provides the framework for co-ordination of an integral response through the development of local plans in the ports and petroleum handling facilities in the Bahamas.

The Port Directors will normally lead initial response measures within their respective port limits using their own resources together with those available from local industry.

There is a National Disaster Organisation, which would be brought in to manage a major spill.

Clean up of polluted shorelines on all islands is organised by the Environmental Health Services using local labour and oil industry-owned equipment.

The Ministry of External Affairs is responsible for all claims co-ordination.

Response:

Arrangements - In ports, oil spill are handled by the Port Department: however talks have commenced concerning the cooperation of all entities within the port. The National Oil Spill Committee (NOSC)deals with major spills. The committee is comprised of all major oil companies and the Governmental departments.

A major would require the assistance of regional and international oil spill agencies, through the intervention of the Bahamas Government, as advised by the NOSC).

Policy – Policies have been established to protect sensitive resources. In terms of dispersants the guidelines provided in the Caribbean plans are used . The use of dispersants is monitored closely.

Equipment:

Government-owned clean-up resources are extremely limited and great reliance is placed on the local oil industry to supplement these resources. Port authorities in Nassau and Freeport operate tugs, which are equipped for dispersant spraying although only limited stocks of dispersants are available from the local oil industry.

The Bahamas Defence Force will provide aircraft and vessels for surveillance or movement of manpower and materials. There is no aerial-spraying capability in the Bahamas.

Private resources are limited to those operated by the oil industry. Equipment belonging to oil companies operating on New Providence and Grand Bahama Island include pumps, skimmers, boom and dispersant spraying gear.

Great reliance is placed on resources available outside the Bahamas that can be made available in the event of a major incident. These resources would be obtained either from the US Coast Guard in Miami or the Clean Caribbean and Americas, an oil industry-owned stockpile of equipment.

16

Previous Spills:

No Spills have been reported to Rempeitc-Carib since 1999


• The National Oil Spill Contingency Plan of Bahamas was exercised in 1996 – combine operational exercise with the Oil Industry and co-ordinated by CCC, Fort Lauderdale - tabletop and operational response and communication exercise.

• Bahamas attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• Bahamas participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Bahamas participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• The National Oil Spill Contingency Plan of Barbados was reviewed and updated in February 1998

• Bahamas attended the St. Lucia Carib 98 OPRC Training and Exercise – March 1998 and the St. Kitts and Nevis and MOBEX – April 1998

• Bahamas exercised the updated NCP in May 1998


Bahamas is party to the following conventions. These conventions have been ratified and implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √

Bahamas is not a party to any sub-regional or bilateral agreement.

FUTURE DEVELOPMENTS

• To enhance close co-operation with REMPEITC-Carib

• To have possibilities for the cleaning of oiled Birds and be trained and settled for this job

• To have a system and arrangements in place for the disposal of oiled soil

• To conduct Sensitivity Mapping and being trained and assisted to do so

• To have training courses in Response and Clean up of Oil Spills (Techniques) in co-operation with REMPEITC-Carib


17



Country Profile

BARBADOS

FOCAL POINTS


Ministry of Housing, Lands and the Environment Musson Building Hincks Street Bridgetown St. Michael, Barbados

TEL: +1 (246) 467-5700 FAX: +1 (246) 437-8859 TELEX: EMAIL: POC: Mr. Lionel Nurse, Permanent Secretary (Environment)


Environmental Protection Department Jemmotts Lane St. Michael, Barbados

TEL: +1 (246) 436-4820 / 436-4826 FAX: +1 (246) 228-7103 TELEX: 386-WB-2222 EMAIL:

POC: Mr. Jeffrey Headley Director


Barbados Coast Guard Willoughby Fort Bridgetown St. Michael, Barbados

TEL: +1 (246) 436-6185 (24hrs FAX: +1 (246) 429-6663; 429-7153 TELEX: 2374 DEFENCE WB EMAIL: POC: LCDR David Dowridge Commanding Officer

RESPONSE AGENCY

RESPONSE AGENCY Barbados Coast Guard Willoughby Fort Bridgetown St. Michael, Barbados

TEL: +1 (246) 436-6185 (24hrs FAX: +1 (246) 429-6663; 429-7153 TELEX: 2374 DEFENCE WB EMAIL:

POC: LCDR David Dowridge Commanding Officer


Barbados Defence Force – Coast Guard National Communication Centre HMBS Willoughby Fort Brigetown

TEL: +1 (246) 427-8819 (24hrs) +1 (246) 436-6185 FAX: +1 (246) 429-7153/6663 TELEX: 2374 DEFENCE WB EMAIL: POC:

18

CONTINGENCY PLAN


The current version Barbados National Oil Pollution Contingency Plan [available at Rempeitc-Carib] was approved and adopted in 2002 and a Barbados National Response Team (BNRT) established. The BNRT includes representation from:

a. Environmental Protection Department

b. Central Emergency Relief Organisation (CERO)

c. Barbados Coast Guard

d. National Conservation Commission

e. Barbados Port Authority

f. Coastal Zone Management Unit

g. Barbados Fire Service

h. Royal Barbados Police Force

i. Energy Division

j. Barbados National Oil Company Ltd

k. Barbados National Terminal Company Ltd.

l. Local Petroleum Industry Marine Oil Spill Action Plan (MOSAP)

The Director of the Environmental Protection Department is the Chair of the BNRT. The Director of CERO is the National Coordinator. The Barbados Coast Guard is the first response agency and on-scene coordinator for marine spill incidents.

The duties and functions of the BNRT are as follows:

a. To develop response plans prior to a spill;

b. To coordinate activities during an oil spill response action;

c. To provide collective advice and assistance to the OSC so that effective response actions

can be formulated;

d. To be fully aware of actions proposed by the OSC by monitoring all reports and evaluating

the possible impacts of decisions made or actions taken;

e. To facilitate appropriate resolutions to administrative matters over which their respective host

agencies have authority and influence;

f. To facilitate the provision of necessary support staff for the proper functions of a Response

Centre;

g. To inform the relevant authorities and the public of actions taken;

h. To facilitate in the recording of relevant information, included costs incurred;

i. To participate in the preparation of post-incident reports.

Government policy is to encourage the spiller to undertake the clean up. The local oil companies are, therefore, required to maintain a response capability for small spills at their installations. Since government resources are limited, reliance is placed on industry equipment and manpower to deal with spills from other sources.

19

Response:

Physical removal of the spilt oil is the primary response method. However, dispersants approved by the government can be used in accordance with the BNRT’s draft dispersant use policy. [A copy of this draft policy is available] The priority for shoreline clean up is to limit the removal of sand and manual techniques are recommended.

Equipment:

The government does not own any specialised oil pollution equipment but the Coast Guard and the Port Authority own a number of marine vessels which could be used in the event of a spill..

Shell, Mobil, Esso and Texaco have booms, skimmers, dispersant and spraying equipment. Vacuum trucks, front-end loaders, etc. are available from commercial contractors. [A copy of the most recent inventory of oil spill response equipment is available]


• In 2004, personnel from the Environmental Protection Department participated in oil spill response training delivered by Clean Caribbean and the Americas.

• Personnel from the Coastal Zone Management Unit have participated in REMPEITC workshops in the use of Geographical Information Systems in Oil Spill Contingency Mapping.

• A national spill response exercise was held in Barbados in July 2004.

• Personnel from the Environmental Protection Department and the Coastal Zone Management Unit participated in the Clean Caribbean and the Americas MOBEX 2005, held in Martinique in January 2005.

PREVIOUS SPILLS:



Barbados is party to the Conventions. These conventions have been ratified and implemented in National Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √ √ √ √

Barbados is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

• It is proposed to carry out basic training in oil spill contingency planning and response for all members of the BNRT and other agencies that would be involved in a spill response.

• It is proposed that the Chair of the Response Team, the National Coordinator and the On-Scene Commanders receives training in response coordination and management of major spill incidents.

20

• Procedures and policies to give the National Oil Spill Contingency Plan full effect are to be developed.

Date of latest information, Updated 20June 2006

21


Country Profile

BRITISH VIRGIN ISLANDS (BWI)

FOCAL POINTS


Deputy Governor’s Office Plaza Building Road Town, Tortola British Virgin Islands

TEL: +1 (284) 494-3701 FAX: +1 (284) 494-6481 TELEX: none EMAIL:

POC:: Mr. Elton Georges Deputy Governor


Office of Disaster Preparedness Road Town Tortola, British Virgin Islands British West Indies

TEL: +1 (284) 494-4499, 4979 FAX: +1 (284) 494-2024 TELEX: none EMAIL [email protected]

POC: Mrs. Sharleen De Abreu, National Disaster Co-ordinator


Royal Virgin Island Police Force Road Town, Tortola Tortola Radio

TEL: +1 (284) 494-3873 FAX: +1 (284) 494-3882 TELEX: EMAIL: POC: TEL: +1 (284) 494-4116

RESPONSE AGENCY

Ministry of Natural Resources and Labour Road Town Tortola, British Virgin Islands British West Indies

TEL: +1 (284) 494-5681, 3427 FAX: +1 (284) 494-2024 TELEX: none EMAIL:

POC: OSC Mr. Bartrand Leltsome Dept. of Conservation and Fisheries

OSC Sea LCDR David Cooke

Commanding off. Police Marine Unit


Ministry of Communication and Works Marine Division Road Town, Tortola (BVI) Royal Virgin Island Police Force Road Town, Tortola Tortola Radio

TEL: +1 (284) 494-2213 / 3701 FAX: +1 (284) 494-3878 TEL: +1 (284) 494-3873 TEL: +1 (284) 494-4116

22

CONTINGENCY PLAN


The national contingency plan, originally prepared in 1984 has been recently update, 1997, by the Chief Marine Officer of the Ministry of Communications and Works (MCW), taking into account the developments on Oil Spill prevention Response and Co-operation in the Wider Caribbean Region during the past two years. The national contingency is now under revision and will be available after July 2006.

The lead agency for government control during an oil spill is the National Disaster Preparedness Co-ordinator within the Deputy Governor's Office. The response agency is the Department of Conservation and Fisheries (DCF), within the Ministry of Natural Resources & Labour. A Marine Pollution Action Group would be established when the threat of pollution became imminent. This group would include representatives from Environmental Health, Tourism, Public Works Department, Marine Police, Fire & Rescue, local oil companies, Port Authority, MCW, DCF and the Civil Aviation Authority and would include the Disaster Preparedness Co-ordinator. The Deputy Governor who will be in overall charge of operations will chair the group.

At the operational level, the Marine Police will provide an On-Scene Commander for marine operations and by the DCF for terrestrial operations. An operations centre will be established at MacNamara, Tortola. If oil impacts a shoreline, a field site would be established. Beach clean up would be supervised by the Health and Environment authorities and would be spearheaded by workers mobilised by the Chief Conservation Officer.

In practice, government agencies would call upon the industry for assistance in the first instance, subsequently seeking assistance from adjacent Caribbean countries and the UK.

Response:

No formal response policy has been determined, but the preferred approach would be containment/recovery and manual shoreline clean up. The Marine Pollution Action Group will authorise the use of dispersants according to criteria agreed in the Caribbean Islands OPRC Plan, unless special overriding conditions apply at the time. Only licensed and approved dispersants are permitted. Small volumes of oily beach material can be landfilled at the BVI public refuse tip, but larger volumes would have to be exported for final treatment and disposal.

Equipment:

The DCF, Fire Service, Public Works Department and Department of Labour can provide or locate labour and some mechanical equipment for shoreline clean up.

Shell Antilles & Guianas hold a small amount of boom and pumping equipment on Tortola. No specialist oil spill clean-up contractors are locally available. Contractors can provide small numbers of personnel for beach cleaning. Small vessels normally employed by the tourist industry, and tugs are available locally and may be able to assist with at sea response. Helicopters for air surveillance are available from St. Croix and St. Thomas in the USVI; Fixed wing charter aircraft at Beef Island Airport. There are no local stockpiles of dispersant or any dispersant application equipment.


• The National Oil Spill Contingency Plan of the BVI was exercised successful in 1996 – table top and operational response exercise.

• The BVI participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• BVI attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1997

23

PREVIOUS SPILLS:

No Spills have been reported to Rempeitc-Carib since 1998.


The British Virgin Islands is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √

The British Virgin Islands and the government of the United States of America agreed on an agreement (12th of August 2004) concerning assistance to be rendered during discharge of oil or other hazardous and noxious substances into the waters of the British Virgin Islands.

The BVI is a member of the Caribbean Regional Response Team organization

FUTURE DEVELOPMENTS

• The BVI will conduct a level I IMO Model Course for First Responders in co-operation with REMPEITC

• The BVI will update their national OPRC plan, available after July 2006.

Date of latest information, updated 20 June 2006

24


Country Profile

CAYMAN ISLANDS (BWI)

FOCAL POINTS


Ministry of Tourism, Environment, Development & Commerce Government Administration Bldg. Elgin Avenue Grand Cayman Cayman Islands

Tel: +1(345)244-2458 Fax: +1(345)945-1746 Telex: none Email: [email protected]

POC: Mr. Timothy Hubbell, Permanent Secretary


Department of Environment 580 North Sound Road PO Box 486 GT Grand Cayman Cayman Islands

Tel: +1(345)949-8469 Fax: +1(345)949-4020 Telex none Email: [email protected] POC: Ms. Gina Ebanks-Petrie, Director


Emergency Communications (911 Centre)

Tel: +1(345)949-9008 Locally: 911 Fax: +1(345)949-4386 Email: [email protected] POC Ms. Juliette Gooding

RESPONSE AGENCY

Department of Environment 580 North Sound Road PO Box 486 GT Grand Cayman Cayman Islands

Tel: +1(345)949-8469 Fax: +1(345)949-4020 Telex none Email: [email protected] POC: Scott Slaybaugh, Asst. Director


Maritime Authority of the Cayman Islands PO Box 2256 GT Grand Cayman Cayman Islands

Tel: +1(345)949-8831 Fax: +1(345)949-8849 Telex: none Email: [email protected] POC: John Reynolds - Deputy Director of Safety & Survey, George Town

25

CONTINGENCY PLAN


The Cayman Islands National Oil Spill Contingency Plan was adopted in 1997 and enabled in legislation in 2001. Under the plan the Ministry responsible for environmental affairs approves policy for oil spill prevention and response, while the Department of Environment provides the operational role for spill response, training, planning and administration. An incident command system is used to draw expertise and resources from various government and private agencies.

Response:

Given the abundance of environmentally sensitive nearshore and coastal resources which forms the basis of eco-tourism, a high priority is placed on habitat protection. The use of Net Environmental Benefit Analysis is typically implemented to determine response strategy. Aerial application of oil dispersants remains a key tool in protecting sensitive shoreline and endangered species long with protective booming and other traditional response techniques.

Equipment:

Two government-owned crop-spraying aircraft are constantly available for aerial spraying of dispersant at sea. The government holds a stock of dispersant. In the past two years a substantial collection of tier 1 equipment was purchased and housed in three dedicated response trailers for island wide deployment. 8,000 ft of 18” boom on six mobile trailers, 8 skimmers, 3 diesel and 3 gasoil powered pumps, storage tanks, personal protection equipment, hand tools, sorbents, lights and generators.

The Marine Parks officers are trained to response to spills and have open boats for monitoring and surveillance. A manual labour force of 100-150 people could be mustered for beach clean up. Heavy machinery used by the construction industry may available for use on severely oiled beaches.

Locally operating oil companies, Texaco and Esso, provide a limited response - 2 skimmers and several storage bladders - for minor spills at their terminals and which are at government’s disposal. There are several privately owned tugs and barges available for hire in the port.


• Oil spill management – Texas A&M National Spill Control School

• HazMat Response - Texas A&M National Spill Control School

• Net Environmental Benefit Analysis workshop

• Level 1 Responders courses - Texas A&M National Spill Control School

PREVIOUS SPILLS:



The Cayman Islands are party to the following conventions. These conventions have been ratified and implemented in national Legislation.

26


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √

The Cayman Islands are not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

Emphasis on improving existing arrangements over the next 2 years include:

• Enhanced aerial dispersant application systems using local agricultural aircraft

• Improved response capability for Cayman Brac & Little Cayman

• Improved cooperative agreements with industry

• Environmental Sensitivity Index transferred to GIS software

Date of latest information, updated 27 July 2005


Country Profile

CUBA

27 RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)

PUNTOS FOCALES

MINISTRY OF LEAD AGENCY (Focal Point Agency) Dirección de Seguridad e Inspección Marítima Ministerio del Transporte (MITRANS) Calle Boyeros y Avenida Tulipán Municipio Plaza, La Habana, CUBA

Ing. Alejandro Martínez Moreno Director TEL: + (53 7) 881-6607 + (53 7) 881-9498 FAX : + (53 7) 881-0142 Email: [email protected]

LEAD AGENCY (Competent National Authority) Ministerio de Ciencia, Tecnología y Medio Ambiente (CITMA), Agencia del Medio Ambienta (AMA), Calle 20 y 18, Municipio Playa, Ciudad de La Habana. CUBA

Dra. Gisela Alonso Domínguez, Directora TEL: + (53 7) 202-7573 FAX: + (53 7) 202-7030 Email: [email protected]


Estado Mayor Nacional de la Defensa Civil (EMNDC) Calle 18 y Avenida 7ma., Miramar, Municipio Playa La Habana, CUBA

TEL: + (53 7) 203-0985 + (53 7) 203- 6464 Email: [email protected]

RESPONSE AGENCY

Estado Mayor Nacional de la Defensa Civil (EMNDC) Calle 18 y Avenida 7ma., Miramar, Municipio Playa La Habana, CUBA

TEL: + (53 7) 203-0985 + (53 7) 203- 6464 Email: [email protected] / [email protected]

NATIONAL OPERATIONAL CONTACT (under Marpol) Dirección de Seguridad e Inspección Marítima Ministerio del Transporte (MITRANS) Calle Boyeros y Avenida Tulipán Municipio Plaza, La Habana, CUBA

Ing. Alejandro Martínez Moreno Director Seguridad e Inspección Marítima, MITRANS. TEL: + (53 7) 881-6607 + (53 7) 881-9498 FAX: + (53 7) 881-0142 Email: [email protected]


PLAN DE REDUCCIÓN DE DESASTRES (PLAN DE CONTINGENCIA)

ORGANIZACIÓN Y RESPUESTA:

El Estado Mayor Nacional de la Defensa Civil (EMNDC) es el órgano encargado que vela por el cumplimiento de las medidas de preparación, respuesta y recuperación en interés de evitar y minimizar los daños materiales y otros trastornos sociales, económicos y ambientales que provocan los derrames. Tiene entre sus atribuciones y funciones las de organizar y controlar el trabajo de los organismos y entidades relacionados con los accidentes que provoquen tales eventos de derrames. Tales organismos y entidades que tienen a su cargo la rectoría, uso y administración de recursos naturales, en cumplimiento a sus deberes y funciones específicas a la protección del medio ambiente, controlan y ejecutan, conforme lo establece el EMNDC planes y acciones para prevenir y dar respuesta a eventos de derrames. El Ministerio de Transporte (MITRANS) en coordinación con el EMNDC ejecuta la organización y dirección de las acciones destinadas a minimizar las consecuencias que sobre el medio ambiente provoquen los eventos de derrames en las aguas jurisdiccionales cubanas, de conjunto con otros organismos y órganos del Estado cubano, para lo cual se encuentra elaborado el Plan de Reducción de Desastres. Los grupos de Defensa Civil de los Consejos de Defensa provinciales y municipales, desempeñan el papel principal en los centros de dirección durante la respuesta y recuperación a situaciones de desastres, en la apreciación y evaluación de la situación, de conjunto con los demás órganos y grupos de trabajo respectivos. En caso de superar la capacidad de respuesta territorial o de ocurrencia de derrames mayores, se activa el Centro de Dirección para Situaciones de Desastres de Consejo de Defensa Nacional. El MITRANS ha establecido las regulaciones para que la transportación y navegación civil en las aguas marítimas del país y actividades portuarias se efectúen sin ocasionar daños a los recursos marinos y costeros y a las instalaciones portuarias en consonancia con las legislaciones nacionales e internacionales vigentes. (Ley No. 81 DEL MEDIO AMBIENTE; MARPOL 73/78; CONVENIO DE CARTAGENA, etc.) En tal sentido tiene constituida la Empresa Saneamiento Marítimo - Portuario (SAMARP), dotada con un equipamiento mínimo y brigadas para la recepción de los desechos MARPOL y de enfrentamiento a los eventos de derrames en las aguas cubanas, así como organiza el empleo de todos los medios y fuerzas del país para la respuesta.

EQUIPAMIENTO:

Véase ANEXO I El enfrentamiento a derrames cuenta con las capacidades siguientes:

• Rastreo satelital en fase de validación para la detección de manchas en las aguas del mar. • Reconocimientos aéreos a baja altura para identificar machas de hidrocarburos. • Control del tráfico marítimo en los Dispositivos de Separación de Tráfico establecidos en el

Canal Viejo de Bahamas y el de A la Altura de Matanzas. • Modelos matemáticos para el pronóstico de la derrota del derrame. • Determinados equipos y medios para el enfrentamiento a los derrames. • Brigadas y Expertos profesionales para la logística de respuesta al evento de derrame en

puertos y zona costera. • Consultores Profesionales en Contaminación Marina para la actuación a bordo y en el área

del derrame.


EJERCICIOS Y ENTRENAMIENTO:

La República de Cuba participó en el Taller “REMPEITC-Caribe OPRC-90 Training & Exercise Workshop 96, St.Eustatius, April/96. La República de Cuba fue invitada a participar en el Curso Modelo de la OMI: Supervisors / On-Scene Commanders for Oil Spills and Training Course, Jamaica. June 1996, auspiciado por REMPEITC-Carib. La República de Cuba fue invitada al Ejercicio Entrenamiento REMPEIT-Carib 97 OPRC en Grenada, Abril 1997.

DERRAMES:

No se reportan.

CONVENIOS Y ACUERDOS SUSCRITOS:

Cuba es Parte Contratante de los instrumentos que se describen a continuación., los cuales están reglamentados en la legislación nacional.


OPRC 90

OPRC HNS


Fund

73/78

III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92

x x x

La República de Cuba es Parte de la Red Operativa de Cooperación Regional entre las Autoridades Marítima de Sur América, México, Panamá y Venezuela (ROCRAM)

DESARROLLO FUTURO

• El EMNDC mantiene actualizado el Plan de Contingencia Nacional. • El Grupo Jurídico viene valorando las ventajas a la adhesión a los Convenios de

Responsabilidad Civil de 1992 (CLC-92) y el de Fondo de 1992 (FUND 92) y de conjunto con la Administración Marítima se ha promovido la adhesión al Convenio OPRC-90 .

29-a RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)


CARIBBEAN ISLAND OPRC-PLAN 2005 Country Profile

CUBA

ANEXO I EQUIPAMIENTO EXISTENTE A NIVEL NACIONAL

Puerto de La Habana (SAMARP) (Empresa Saneamiento Marítimo-Portuario – SAMARP) (Email: [email protected]) (Telf.: (53 7 ) 862 – 4544

EQUIPO

CANTID

AD

CARACTERISTICAS

Limpia Bahía Medusa 2 Recolector de Hidrocarburo y Basura, autopropulsado.

Sistema TRANSREC 200 (FRAMO – Noruega)

1 Skimmer de vertedero de 200 metros cúbicos por hora, contenerizado y dotado con fuente de energía.

Recolector portátil, modelo DELTA

2 Skimmer de 15 metros cúbicos por hora.

Barrera Flotantes 450 mts Barreras de contención para aguas interiores. V Congreso 1 Patana receptora de sólidos a los buques.

BMT-26 1 Idem RMA-I 1 Patana receptora de aguas oleosas y fangos a los

buques. BMA 300-15 1 Remolcador auxiliar.

Tanque 2 Tanques receptor, portátil de 5 toneladas. Grúa 1 Grúa camión de 5 toneladas.

29-b RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)

Puerto de Matanzas

EQUIPO

CANTIDAD

CARACTERISTICA

Recolector portátil 2 Skimmer de disco FD 30 metros de 30 m cúbicos/hora.

Power Pack 2 Fuente de energía para Skimmer FD 30 Recolector Portatil 1 Skimmer de disco VIKOMA 12.5 m cúbicos/hora. Power Pack 1 Fuente de energía para Skimmer KOMARA 20 Barrera flotante inflables 200 Barrera de contención para aguas portuarias, NOA

450 Barrera flotante inflables medianas

150 mts Barrera de contención oceánica (ROULAND 2200)

Barrera flotante inflables 500 mts Barrera de contención oceánica. (XF-11) (Estas barreras no se han desplegado hace mucho tiempo, se desconoce su estado)

Barrera flotante rígidas 300 mts Barreras de uso costero. Soplador de barrera. 1 Sistema de inflado de las barreras flotantes.

La SHERRITT tiene basificada en el Municipio Cárdenas el equipamiento que más abajo se relaciona:

EQUIPO

CANTIDAD

CARACTERISTICAS

Recolector portátil Recolector portátil

3 2

Skimmer modelo GT 185 Skimmer para costas y lugares bajos

Barreras flotantes (Expandy Boom) Auto inflable

300 mts Barreras de contención, contenerizadas en 2 carretes de 150 mts.

Power Pack para cada modelo de barrera Expandy Roo-Boom Versatex

1 2 2

Fuente de energía. (Power Pack)

29-c RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)

Barreras flotantes (Roo-Boom) Barrera Flotante (Versatex)

600 mts

350 mts

Barreras de contención, contenerizadas en 4 carretes de 150 mts.

Barreras de contención en 2 carretes

Sistema de limpieza 1 Equipo para limpieza de playa. Dispersante 12 tanques Dispersante COREXIT (205 litros por tanques).

Empresa de Servicio Portuario Centro (Cienfuegos)

EQUIPO

CANTIDAD

CARACTERISTICAS

Limpia Bahía No.6 1 Recolector de Hidrocarburo y Basura, autopropulsado.

Barreras flotantes 50 m Barreras de contención. Moto bomba (Volvo Penta)

1 Moto bomba de achique con una productividad de 5 Ton/h.

Refinería de Petróleo “Camilo Cienfuegos” , Provincia de Cienfuegos.

EQUIPO

CANTIDAD

CARACTERISTICAS

Barreras flotante inflables

150 m Barreras de contención aguas portuarias.

Recolector portátil 1 Skimmer Vikoma de 30 ton/h (1 roto) Refinería de Petróleo “NICO LOPEZ”, Provincia de Ciudad de La Habana.

EQUIPO

CANTIDAD

CARACTERISTICAS

Barreras flotante inflables

200 m Barreras de contención oceánicas. (ROULAND)

Power Pack 1 Fuente de energía para barreras Instituto de Meteorología (INSMET)

EQUIPO

CANTIDAD

CARACTERISTICAS

Estación Receptora SKYCEIVER WIN/HRPT

1

Estación Satelital de Alta Resolución para la detección de derrame

29-d RAC/REMPEITC-Carib. Caribbean Island OPRC-PLAN 2006 CHANGE: 1 (12-2006)

Puerto de Santiago de Cuba

EQUIPO

CANTIDAD

CARACTERISTICAS

Limpia Bahía MEDUZA II 1 Recolector de Hidrocarburo y Basura (Limitado a trabajar en las aguas de la bahía)

DAAFAR OCCIDENTE

EQUIPO

CANTIDAD

CARACTERISTICAS

Avión anfibio CORVET 2 Exploración visual / Cámara de Video / GPS Capacidad: 3 personas

Helicóptero MI - 17 1 Tanque con capacidad para 915 litros de dispersantes y rociadores regulables. La

capacidad se puede incrementar en 2 tanques Helicóptero MI - 17 1 Capacidad de lanzamiento 2.5 Ton de agua con

sustancia dispersante mediante uso cubeta BAMBI.

DAAFAR CENTRO

EQUIPO

CANTIDAD

CARACTERISTICAS

Helicóptero MI - 17 1 Capacidad de lanzamiento de 2 ó 2,5 Ton de agua con dispersante mediante uso de cubeta

BAMBI

Date of latest information, La Habana, agosto de 2006.

30



Country Profile

DOMINICA (BWI)

FOCAL POINTS


Ministry of Communication Government Headquarters Roseau, Dominica

TEL: +1 (767) 448-2401 ext. 278 FAX: +1 (767) 448-8960 TELEX: 613 Ext Do. EMAIL:

POC: Mr. Julien Johnson, Permanent Secretary


Office of Disaster Preparedness Ministy of Communication Government Headquarters Roseau, Dominica

TEL: +1 (767) 448-2401 ext. 299; 448-2883 FAX: +1 (767) 448-2883 TELEX: 613 EXT Do. EMAIL: [email protected] POC: Mr. Justinion Coipel, Coordinator

Disaster Preparedness


Dominica Port Authority Roseau, Dominica

TEL: +1 (767) 448-4009; 448-4431 FAX: +1 (767) 448-6131 TELEX: EMAIL:

RESPONSE AGENCY

Dominica Port Authority Roseau, Dominica

TEL: +1 (767) 448-4009; 448-4431 FAX: +1 (767) 448-6131 TELEX: EMAIL:

POC: Mr. Noel Lawrence


Dominica Maritime Administration 5th floor, Dominica Financial Centre Kennedy Avenue Roseau

TEL: +1 (767) 448-2401 ext. 3071/3072/3073 FAX: +1 (767) 448-4722 TELEX: EMAIL: [email protected] POC:

31

CONTINGENCY PLAN


The National Emergency Planning Organization finalised the Commonwealth of Dominica the National Pollution Contingency Plan, in 1996. The National Plan provides a framework for government, Industrial and Regional Co-operation to ensure prompt and effective response to oil pollution incidents (actual or threatened). The Plan is an integral part of the National Disaster Plan. The Plan is effective for the territorial waters of the Commonwealth of Dominica, it’s adjoining shoreline and Exclusive Economic Zone (EEZ).

The Commonwealth of Dominica published the National Oil Pollution Contingency Plan end 1996 after approval by Parliament.

The government lead agency for oil spill control is the NEPO, represented by the National Disaster Co-ordinator in the office of the Ministry of Communication, Works and Housing. The Environmental Pollution Committee (EPC) will assist the lead agency in event of a pollution incident and comprises representatives of Departments within the Government and the Oil Industries. The Director of Forestry and Wildlife will chair the EPC.

The Government Response Agency for oil spill control is the General Manager of the Dominican Port Authority (DPA) and will be assisted by the Commonwealth of Dominica Police Force Marine Unit (DFMU) and is the designated On-Scene Commander (OSC).

The Oil Industry (Texaco Dominica – West Indies and National Petroleum) agreed to provide the first tier response assistance. Although in 1997 only Texaco was equipped for this service.

Response:

The response strategy for the Commonwealth of Dominica is based on the joint approach of recovery / containment, the use of dispersants and manual shore clean up. The use of dispersant needs the approval of the EPC.

Disposal of small quantities of oily beached material could be land filled; large volume and bulk waste have to be exported for final disposal.

Equipment:

There is no government owned counter pollution equipment in stock on the island for offshore deployment and there are no local stockpiles of dispersants or application equipment. However the Department of Works, and the Dominican Fire and Ambulance Service (DFAS), as a major source of material, equipment and personnel could be called upon by the EPC to assist in clean up operations. The International Airport of the Commonwealth of Dominica has limited capacity to handle aircraft transporting heavy equipment for clean-up operation.

West Indies, National Petroleum and Texaco operates terminals store fuels at Roseau. Texaco has clean up resources comprising booms and skimmers sufficient to handle a small spill (Tier 1) at the facility. The three terminals are situated close to each other and they will pool the available resources for the time being.

In the event of a larger (Tier 2 and 3) spill, Texaco and National Petroleum – both members of Clean Caribbean and America (CCA) – would rely on the CCA resources.


• Dominica participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

32

PREVIOUS SPILLS:



Dominica is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √

Dominica is not a party to any sub-regional or bilateral agreement.

FUTURE DEVELOPMENTS

• Dominica requested REMPEITC-Carib to assist in training and to exercise the National Oil Pollution Contingency Plan.

• Promotion of further close co-operation between the three Oil Companies, purchase of equipment and exercises.


33


Country Profile

DOMINICAN REPUBLIC

FOCAL POINTS


TEL: +1 (809) FAX: +1 (809) TELEX: EMAIL:

POC:


Secretaria de Estado de Agricultura Sub- secretaria de Recursos Naturales Depto. Recursos Pesqueros Centro de los Heroes Santo Domingo, Dominican Republic

TEL: +1 (809) 562-3418 FAX: TELEX: none EMAIL: POC: Ing. Salcedo


Comision Nacional de Sanamiento Ecologico Calle Euclides Morillo 65 Edifcio N0.2 Caasd Santo Domingo

TEL: +1 (809) 562-3500 / 565-6485 +1 (809) 563-1187 FAX: +1 (809) 541-7600 TELEX: EMAIL:

POC:

RESPONSE AGENCY

IMPRA Institucion de Oficinas Governamentales Avenida Mejico Esquina Doctor Delgado STO DOMINGO

TEL: +1 (809) 221-5140 FAX: TELEX: EMAIL: POC: Zoila Gonzalez


Comision Nacional de Saneamiento Ecologico Calle Euclides Morillo 65 Edificio No. 2 Caasd Santo Domingo

TEL: +1 (809) 562-3500 FAX: +1 (809) 541-7600 TELEX: EMAIL: POC:

34

CONTINGENCY PLAN


An Oil Spill Planning Committee consisting of representatives from the armed forces, the local oil industry, including the refinery and oil consumers, has been established and a draft National Contingency Plan has been produced.

Response:

The government agencies would rely on the refinery and oil industry to mount a response to an oil spill but would act as coordinator. The Navy and Air force would assist with monitoring and surveillance.

Dispersants have previously been used in the ports but there is no firm policy on the use of dispersants within the many designated national parks.

Liquid waste can be disposed of in slop tanks at the local refinery and small amounts of oily waste have been disposed via land farming within the refinery precincts.

Equipment:

The government does not hold any oil spill response equipment. A large amount of local unskilled labour is available in the country. The Navy and Air Force would assist with monitoring and surveillance. A large amount of local unskilled labour is available in the country.

Spill response equipment is maintained by Esso and Shell in Santo Domingo and by the Refinery Dominicana de Petroleo in the port of Haina. This includes dispersant, boom, small skimmers and temporary storage. Manpower would be available from the refinery.

A major oil spill would require outside assistance from Clean Caribbean & Americas (CCA) in Miami through the membership of the oil companies.


• Dominican Republic participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• The Dominican Republic participated in the St. Lucia Carib ’98 OPRC Training Exercise – March 1998, and the St. Kitts and Nevis MOBEX 98.

PREVIOUS SPILLS:

No Spills have been reported to Rempeitc-Carib since1999


Dominican Republic is party to the following Conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

35

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √

Dominican Republic is not a party to any sub-regional or bilateral agreement.

FUTURE DEVELOPMENTS

• REMPEITC-Carib visited the Dominican Republic to review the draft National Oil Pollution Contingency Plan and will assist the Dominican Republic regarding the implementation of conventions and the NCP.

• Promotion of bi-lateral co-operation and communication between the Dominican Republic and Puerto Rico.

• Dominican Republic acceded the MARPOL 73/78 Convention (February 1998) and the CLC/Fund 92 Protocol and Cartagena Convention.


36


Country Profile

FRENCH ANTILLES & GUYANA

FOCAL POINTS


Secretariat General de la Mer 75007 Paris, France

TEL: (33) 14 773-5505 FAX: (33) 14 449-8735 TELEX: 250823 EMAIL:

POC:


Monsieur Le Préfèt de la Region Martinique Delegue du Gouvernement pour La coordination de l' action de L'Etat en mer aux Antilles rue Victor Severe 97200 Fort de France Martinique, Antilles Françaises

TEL: + (596) 631-861 FAX: + (596) 716-326 TELEX: 912650 EMAIL: [email protected]

POC: Raymond Jean Noel


La Marine Nationale Commandant de la Marine (COMAR) Fort Saint-Louis97261 Fort de France Naval Martinique

TEL: + (596) 598-628 (24hr) + (596) 598-606 FAX: + (596) 730-044 TELEX: 91452 MR EMAIL: POC:

RESPONSE AGENCY

Monsieur Le Capitaine de Vaisseau Commandant La Zone Maritime BP 619 Fort St. Louis 97 261 Fort de France Naval Martinique, Antilles Françaises

TEL: + (596) 598-606; 598-699; 598-625; 719-292

FAX: + (596) 730-044; 598-603 TELEX: 912452 EMAIL: POC: Captaine de Vaisseau


MRCC Fort de France

TEL: + (596) 709-292 Inmarsat C: 422799024 (AOR-W) FAX: + (596) 632-450 TELEX: 912008 EMAIL: POC:

37

CONTINGENCY PLAN


The overseas regions of Martinique & Guadeloupe (Departement d'Outremer) constitute administrative units of France headed by a prefect (Prefet de Region) who also acts as the chief executive for maritime affairs (Prefet Maritime).

The designated spill response agency through which the prefect may exercise civil authority is the Regional Board for Maritime Affairs (Direction Regionale des Affaires Maritime) whilst his military authority flows through Le Commandant de la Marine (Comer).

In the event of oil spillage within the jurisdiction of a port or harbour, the port authority will be responsible for overseeing and/or executing anti-pollution measures. In the case of a spill elsewhere the Maritime Prefect will mobilise the necessary resources, particularly l'Arrondissement Specialise des Phares et Balises (the specialist department for lights and buoys) to deal with the incident unless the owner of the polluting vessel or installation is responding to the situation in an adequate manner. For a serious incident the Maritime Prefect has call upon civil, military and private resources either by contract or through a requisitioning procedure.

Additional assistance may be called from France (eg Centre de Documentation Recherche et d’Experimentations – CEDRE)

Response:

As in mainland France, the preferred clean-up technique is mechanical recovery but the controlled use of dispersants is also accepted as an alternative approach.

Equipment:

The French Administration through the Department for Lights and Buoys have tugs, boom, skimming systems and barges, pressure cleaning units sorbent and storage and separation tanks at both Pointe-a-Pitre and Fort de France. In addition, La Marine Nationale at Fort Saint-Louis have dispersant spray gear and dispersant. There is no dispersant on Guadeloupe.

In the event of a serious-incident assistance could be called on in the form of consultation and resources from mainland France.

The Societé de Rafflnerie des Antilles (SARA) an association of local oil companies at Fort de France have a small stockpile of boom and dispersant and operate tugs, a sea truck workboat with spray gear and a tank truck. The local power station at Bellefontaine has boom, a skimmer, dispersant, a recovered oil storage tank and operates a tank truck


• The National Oil Spill Contingency Plan of the French Antilles was exercised in 1996 – table top and operational response exercise

• The French Antilles attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• The French Antilles participated in the REMPEITC-Carib 98 OPRC Training & Exercise, St. Lucia – March 1998

• The French Antilles – Martinique hosted the 2005 MOBEX Exercise, combined operational government and oil industry exercise. Clean Caribbean & America’s (CCA) was involved with the organization.

38

PREVIOUS SPILLS:



The French Antilles is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √

The French Antilles is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS


39

FRANÇAIS LES ANTILLES

(La Guadeloupe, La Martinique, St. Barths Et St. Martin)

PLAN D'URGENCE

Organisation et arrangements :

Les régions d'outre-mer de La Martinique et la Guadeloupe (d'Outremer de département) constituent administratif les unités de la France se dirigent par un préfet (Prefet de Region) qui agit également en tant que cadre supérieur pour des affaires maritimes (Prefet maritime).

La flaque indiquée l'agence de réponse par laquelle le préfet peut exercer l'autorité civile est Conseil régional pour des affaires maritimes (direction Regionale DES Affaires maritime) tandis que sa autorité militaire traverse le le Commandant de la Marine (arrivant).

En cas du débordement d'huile dans la juridiction d'un port ou d'un port, l'autorité gauche sera responsable de surveiller et/ou d'exécuter des mesures de anti-sémitisme-pollution. Dans le cas d'une flaque ailleurs le Préfet maritime mobilisera le nécessaire les ressources, en particulier l'Arrondissement spécialisent DES Phares et Balises (département de spécialiste pour des lumières et des bouées) à traiter l'incident à moins que le propriétaire du navire ou de l'installation de pollution répond au situation de à façon proportionnée. Pour un incident sérieux le Préfet maritime a pour inviter les ressources civiles, militaires et privées ou par le contrat ou par un procédé de demande.

Réponse:

Comme en continent France, la technique préférée de nettoyage est rétablissement mécanique mais la commandée l'utilisation des dispersants est également acceptée comme approche alternative.

Equipement:

L'administration française à travers le département pour des lumières et les bouées ont des tractions subites, perche, écrémant des systèmes et chalands, sorbant d'unités de nettoyage de pression et stockage et réservoirs de séparation à Pointe-a-Pitre et fort De France. En outre, marine de La Nationale au fort Saint-Louis ont la vitesse et le dispersant de jet de dispersant. Il n'y a aucun dispersant sur la Guadeloupe.

En cas d'un sérieux-incident l'aide a pu être invitée sous forme de consultation et de ressources de continent France.

La Société de Raffinerie Les Antilles (SARA), une association des compagnies pétrolières locales au fort De France ont a la petite réserve de la perche et le dispersant et actionnent des tractions subites, un workboat de camion de mer avec la vitesse de jet et un camion de réservoir. La centrale électrique locale chez Bellefontaine a la perche, une écumoire, dispersant, un réservoir de stockage récupéré d'huile et actionne un réservoir camion

FORMATION ET EXERCICES:

• Le plan d'urgence national de flaque d'huile du Français Les Antilles ont été exercées en 1996 - dessus de table et exercice opérationnel de réponse

• Les Antilles françaises ont servi le REMPEITC-REMPEITC-Carib OPRC 90 Atelier 96 De Formation Et D'Exercice, St. Eustatius - Avril 1996

40

• Les Antilles françaises ont participé au REMPEITC-rEMPEITC-Carib 98 Formation Et Exercice d'OPRC, St. Lucia - Mars 1998

• Les Antilles Française (Martinique), ont hébergé l’exercice MOBEX 2005, combinant exercice opérationnel du gouvernement et de l’industrie Pétrolière. Clean Carribean and America (CCA) s’est également impliqué dans l’organisation de cet exercice.

DEVERSEMENT D’HYDROCARBURE ANTERIEUR

Aucun déversement n’a été reporté au RAC REMPITC Carib depuis 1999.

CONVENTIONS ET ACCORDS 2005

Les Antilles françaises sont partie aux conventions suivantes. Ces conventions ont été ratifiées et mises en application dans la législation nationale.

Flaque d’ Huile Empêchement et Sûreté Compensation

OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √

Les Antilles françaises ne sont pas une partie à bilatéral accord

DEVELOPEMENT FUTURE

Date de dénaire information, partialement révisé 17 Jeune 2005

.

41



Country Profile

GRENADA

FOCAL POINTS


Prime Minister Office St. George's, Grenada West Indies

TEL: +1 (473) 440-2225 / 440-2265 FAX: +1 (473) 440-4116 TELEX: none EMAIL: [email protected] or [email protected]

POC: Permanent Secretary


National Disaster Management Agency Fort Frederick St. George's, Grenada

TEL: +1 (473) 440-0838/440-8390 FAX: +1 (473) 440-6674 TELEX: EMAIL: [email protected]

POC: ASP. Sylvan Mc Intyre


Grenada Coast Guard True St. George’s

TEL: +1 (473) 444-1931 / 444-1932 FAX: +1 (473) 444-2839 TELEX: EMAIL: [email protected] POC:

RESPONSE AGENCY

Grenada Coast Guard True Blue St. George's, Grenada

TEL: +1 (473) 444-1931 / 444-1932 FAX: +1 (473) 444-2839 TELEX: EMAIL: [email protected] POC: LT Oliver Frederiks


Grenada Coast Guard True Blue St. George’s

TEL: +1 (473) 444-1931 / 1932 FAX: +1 (473) 444-2839 TELEX: EMAIL: POC:

42

CONTINGENCY PLAN


The National Emergency Relief Organisation (NERO), established in 1985, drafted in close co-operation with REMPEITC-Carib the Grenada National Pollution Contingency Plan, December 1996. This National Plan provides a framework for government, Industrial, and Regional Co-operation in response to any pollution incidents that may pose a significant threat to the waters or coastal areas of Grenada. The Plan is an integral part of the National Disaster Management Plan. The Plan is effective for the territorial waters of Grenada, its adjoining shoreline, the Contiguous Zone and EEZ.

The government Lead agency for oil spill control is the NERO, represented by the National Disaster Co-ordinator in the Office of the Prime Minister.

The National Response Team (NRT) would assist the lead agency in event of a pollution incident and comprises representatives of Departments within the Government and the Oil Industries. The National Disaster Co-ordinator of Grenada will chair the NRT.

The Grenada Coast Guard has the responsibility for the co-ordination and direction of the National Pollution Control effort – the Response agency -, and is the designated On-Scene Commander (OSC).

The Oil Industry (Shell Antilles & Guianas and Texaco) agreed to provide the first tier response, and tier 1-3 response via CCA-Fort Lauderdale in case one of their tankers are involved – in other situations assistance will be sought from adjacent Caribbean Island States and Territories via REMPEITC-Carib.

Response:

The response strategy for Grenada is based on the joint approach of recovery/containment, the use of dispersant and manual shore clean up. There are no local stockpiles of dispersant or application equipment. The use of dispersant needs the approval of the NRT.

Disposal of small quantities of oily beached material could be landfilled, large volume and bulk waste have to be exported for final disposal.

Equipment:

There is no government owned counter pollution equipment in stock on the island for offshore deployment. The Department of Public Works, and the Fire Department could arrange local labour and earth moving equipment for shoreline clean up operations. The International Airport of Grenada could handle any type of aircraft, transporting heavy equipment for clean up operations.

Shell and Texaco both operate terminals store fuels at Grand Mal and have clean-up resources comprising boom and skimmers sufficient to handle a small spill (Tier 1) at their facilities. The two terminals are situated close to each other and they would pool their resources in the event of a larger (Tier 2) spill. Both are members of the Clean Caribbean and Americas (CCA) and would rely on its resources in the event of a major (Tier 3) spill.


• The National Oil Spill Contingency Plan of Grenada was exercised in 1997 – table top and operational response exercise.

• Grenada attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

43

• Grenada participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Grenada hosted the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1997

• Grenada participated in the REMPEITC-Carib 98 OPRC Training & Exercise, St. Lucia – March 1998 and the CCC/REMPEITC-Carib MOBEX 98, St. Kitts and Nevis – April 1998

• Grenada attended, on invitation of the Oil Industry, to the Clean Caribbean and Americas (CCA) Training Courses

PREVIOUS SPILLS:



Grenada is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √

Grenada is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

• Grenada requested REMPEITC-Carib to assist in conducting the IMO Model Training Courses level 1 and level 2 in the coming programme year.

• Grenada is in negotiation with Venezuela to have a bilateral agreement (MOU) on Oil Pollution Preparedness, Response and Co-operation in place.

Date of latest information, dated 27 July 2005

44


Country Profile

HAITI

FOCAL POINTS


MINISTRY OF LEAD AGENCY (Focal Point Agency) Service Maritime et de Navigation d' Haiti P.O. Box 724 1663 Port au Prince, Haiti

TEL: + (509) 222-6336 FAX: TELEX: 2030523 A/B SEMANAH EMAIL:

POC:


Ministere de l’Environnement Haut Turgeau 181 Port au Prince Haiti

TEL: +(509) 222-7585 / 222-0635 FAX: TELEX: 2030523 A/B SEMANAH EMAIL:

POC: Mr. Saint Pierre-Mose, Director


Service Maritime et de Navigation d' Haiti P. O. Box 724 1663 Port au Prince, Haiti

TEL: +(509) 222-2316 / 222-6336 +(509) 222-3235 (also for spills in Ports) FAX: TELEX: 2030523 A/B SEMANAH EMAIL:

POC:

RESPONSE AGENCY


TEL: +(509) 222 -2316 / 222-26336 FAX: TELEX: 2030523 A/B SEMANAH EMAIL:

POC:



TEL: +(509) 222-2316 / 222-6336 FAX: TELEX: 2030523 A/B SEMANAH EMAIL:

POC:

45

CONTINGENCY PLAN

Organisation and Arrangements

Actual information on Pollution Contingency Planning is not yet available.

It is not exactly known which agencies in Haiti are responsible for addressing marine oil pollution matters.

However, Caribbean inter-governmental meetings on oil spill contingency planning, under auspices of the UN Environment and Rempeitc-Carib Programme, have usual been attended by representatives from either the Natural Resources Division of the Department of Agriculture or the Maritime and Navigation Service of Haiti. The latter, part of the national port authority, is designated as the lead agency responsible for dealing with marine pollution incidents under the Sub-Regional Contingency Plan (Caribbean OPRC-Plan) developed by IMO and under revision by the Regional Activity Centre Rempeitc-Carib.

It is understood that the Port Authority normally investigates oil spills and impose fines on the offending vessel.

Response:

For similar reasons, there has been little formulation of an oil spill response policy.

Equipment:

There is, as far as believed no equipment for combating oils spills in Haiti. The nearest equipment, located in the Dominican Republic, is owned by the oil industry and is unlikely to be available for spills located outside that country. However, equipment and expertise may be made available under the Caribbean OPRC-Plan via Rempeitc-Carib although the lack of required infrastructure may limit in use.


• Haiti participated, on invitation of the Oil Industry, to the Clean Caribbean and Americas (CCA) Training Courses

• Haiti attended the REMPEITC-Carib 98 OPRC Training & Exercise, St. Lucia – March 1998

PREVIOUS SPILLS:



Haiti is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √

Haiti is not a party to any sub-regional or bilateral agreement.

46

FUTURE DEVELOPMENTS


47


Country Profile

JAMAICA

FOCAL POINTS


Ministry of Local Government Kingston Mall Kingston, Jamaica


POC: Permanent Secretary


Office of Disaster Preparedness 12 Camp Road Kingston 4, Jamaica

TEL: +1 (876) 928-1461 or 928-5111 / 928-5114 +1 (876) 938-2250 / 938-2251 FAX: +1 (876) 928-5503 TELEX: 2418 ODIPERC JA EMAIL: [email protected]

POC: Dr. Barbara Carby, Director


Jamaica Defence Force Coast Guard HMJS Cagway Port Royal Kingston 1, Jamaica

TEL: +1 (876) 967-8193 (Duty Officer / 24 hrs) +1 (876) 967-8031-3 FAX: +1 (876) 967-8278 TELEX: none EMAIL: [email protected] POC: CDR S.I. Innis

RESPONSE AGENCY

JDF Coast Guard HMJS Cagway Port Royal Kingston 1,Jamaica



Jamaica Defence Force Coast Guard HMJS Cagway Port Royal Kingston 1, Jamaica


48

CONTINGENCY PLAN


A National Response Team (NRT) has been established under the Contingency Plan, chaired by the Director of the Office of Disaster Preparedness (ODP) who in this role is referred to as the National Co-ordinator (NC).

Response:

Jamaican policy requires the spiller to initiate necessary clean-up measures. However, it is recognised that in most ship-source spills those government agencies identified in the contingency plan would have to assume this responsibility. No particular strategy has been developed for dealing with spills but given the type of equipment available response is likely to be limited to nearshore areas and shoreline clean up.

The Jamaican economy is heavily dependent on tourism and so a very high priority is assigned to the protection and maintenance of amenity beaches. The uses of dispersants, although not ruled out, are considered a final option.

Disposal of oily waste can be problematic due to potential contamination of the limestone aquifer by Leachate.

Equipment:

The Jamaica Defence Force Coast Guard owns three containers of oil spill equipment currently located at Kingston, Montego Bay and Ocho Rios. These containers hold boom, skimmers, pumps and sorbent material. The Coast Guard holds similar equipment plus stocks of dispersant at the base in Port Royal and can supply vessels and helicopters for monitoring and surveillance.

Petrojam operates a small amount of equipment and dispersant in Kingston, as does Esso in Montego Bay. Vacuum trucks, front-end loaders, etc. are available from commercial contractors. A crop-dusting company in Oracabessa has aircraft available for conversion to dispersant spraying.


• The National Oil Spill Contingency Plan of Jamaica was exercised in 1996 – table top and operational response exercise. (Assisted by REMPEITC-Carib )

• Jamaica attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• Jamaica participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Jamaica attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1997

• The Jamaica Maritime Institute conducted several IMO Model Courses – Level 2, for the industry.

• Jamaica organised a Joint CLC/Fund and OPRC Workshop (Gov. of Jamaica – IMO – IOPC – REMPEITC-Carib), June 1997

• Jamaica participated in the Carib 98 OPRC Training & Exercise, St Lucia – March 1998 and the MOBEX 98, St. Kitts – April 1998.

49

PREVIOUS SPILLS:



Jamaica is party to the following conventions. These conventions have been ratified and will be implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √

Jamaica is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

Jamaica offered to assist the Caribbean region in conducting the IMO Model Courses under auspices of REMPEITC-Carib.


50


Country Profile

MONTSERRAT (BWI)

FOCAL POINTS


Governor's Office Peebles Street Plymouth, Montserrat British West Indies

TEL: +1 (664) 491-2409 FAX: TELEX: none EMAIL:

POC: H.E. David Taylor, Governor


National Office of Disaster Preparedness P. O. Box 177 Plymouth, Montserrat British West Indies

TEL: +1 (664) 491-2667 FAX: +1 (664) 491-8013 TELEX: none EMAIL: [email protected]

POC: David H. Crowther Commissioner ; or Communications Officer


National Office of Disaster Preparedness P. O. Box 177 Plymouth, Montserrat British West Indies


POC: David H. Crowther Commissioner; or Communications Officer

RESPONSE AGENCY

Public Works Department Rovers Lane Montserrat British West Indies

TEL: +1 (664) 491-2438 / 491-2439 FAX: TELEX: none EMAIL:

POC: Mr. Christopher Lee, Director


Rotal Montserrat Police Force Police Headquarters Plymouth

TEL: +1 (664) 491-2555 / 491-2556 FAX: +1 (664) 491-81013 TELEX: EMAIL: POC:

51

CONTINGENCY PLAN


The lead agency for government control during an oil spill is the Office of Disaster Preparedness (ODP) in the Office of the Chief Minister. The Commissioner of the Royal Montserrat Police would act as On Scene Commander (OSC), and an existing Emergency Operations Centre in Police HQ would be activated as the operations centre for response. As lead agency, the ODP would be responsible for convening a pollution committee to oversee clean-up operations, comprising representatives from the Royal Montserrat Police, the Ministry of Agriculture and Fisheries, the Department of the Environment, the Montserrat Defence Force, the Department of Public Works and local oil companies.

A National Oil Spill Contingency Plan has been drafted (1996) in accordance with procedures set out in the Caribbean Island OPRC Plan. In practice, government would call upon the industry for the first tier of response, after which assistance would be sought from the UK and from adjacent Caribbean Island states.

Response:

The response policy has been formulated, and is based on the joint approach of containment/recovery, chemical dispersion, and manual & mechanical cleaning of contaminated tourist beaches.

Disposal of oily wastes is controlled by the Department of the Environment. Contaminated beach material and debris could be landfilled at the Montserrat public refuse tip, probably co-disposed with domestic refuse to encourage natural degradation. Large volumes of recovered liquid oil would have to be exported for final treatment and disposal.

Equipment:

The government has no specialised equipment. However, the Department of Public Works is responsible for locating local labour and mechanical earthmoving equipment.

Only very limited resources for oil spill response, held by Texaco West Indies, are located on Montserrat. Texaco WI is also a member of the Clean Caribbean and Americas (CCA) in Florida, whose response resources would be available at Texaco's request.

No specialist oil spill clean-up contractors are locally available.

Only small fishing vessels and local launches are available to assist with at sea response. Helicopters and fixed wing aircraft for air surveillance are not available in Montserrat, but are available from nearby Antigua. Heavy counter pollution equipment from CCA and or OSLR has to be shipped via St. Maarten.

Salvage, heavy powered Tugboats are available at St. Eustatius.


The National Oil Spill Contingency Plan of Montserrat was co-exercised during the 1997 exercises in Turks and Caicos and Anguilla.– table top and operational response exercise.

PREVIOUS SPILLS:


52


Montserrat is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √

Montserrat is not a party to any sub-regional or bilateral agreement

FUTURE DEVELOPMENTS


53


Country Profile

NETHERLANDS ANTILLES

FOCAL POINTS


Ministry of Public Health and Environmental Hygiene Sta. Rosaweg 122 Curacao Netherlands Antilles

TEL: + (599 9) 736-3530 FAX: + (599 9) 736-3531 TELEX: EMAIL:

POC: Mrs. ir. L Buth,. Director Drs. E. Newton, OPRC Expert


Directorate of Shipping and Maritime Affaires Kaya Sales # 26 (v/h Fokkerweg 26) Curaçao Netherlands Antilles

TEL: + (599 9) 461-2361 / 461-1421 / + (599 9)528-2578 FAX: + (599 9) 461-2964 EMAIL: [email protected]

POC: Mr. Thomas Smit, Director


Coast Guard Center Netherlands Antilles & Aruba JRCC Curaçao Florence Nigthingaleweg Willemstad, Curaçao Neterlands Antilles Spills may also be reported to the nearest port authority: Curacao P.A Bonaire P.A St. Eustatius St. Maarten P.A

TEL: + (599 9) 463-7432 (24hrs) FAX: + (599 9) 463-7717 TELEX: (0390) 1560 EMAIL: [email protected] cgcuracao@hotmail POC: +(599 9) 461-1133 / 434-5900 (fx; 461-3907) +(599 7) 8151 (fx; 8416 +(599 3) 828-88 (tel + fx) +(599 5) 223-48 (fx: 250-48)

RESPONSE AGENCY

Directorate of Shipping and Maritime Affaires Kaya Sales # 26 (v/h Fokkerweg 26) Curaçao Netherlands Antilles SPECIAL NOTES: Includes the Islands of Bonaire, Curacao, Saba, St. Eustatius, and St. Maarten

TEL: + (599 9) 461-2361 / 461-1421 / + (599 9)528-2578 FAX: + (599 9) 461-2964 TELEX: EMAIL: [email protected] POC: Mr. Thomas Smit, Director


Coast Guard Center Netherlands Antilles & Aruba JRCC Curaçao Florence Nigthingaleweg Willemstad, Curaçao Neterlands Antilles

TEL: + (599 9) 463-7432 (24hrs) FAX: + (599 9) 463-7717 TELEX: (0390) 1560 EMAIL: [email protected] cgcuracao@hotmail

54

CONTINGENCY PLAN


Each island within the Netherlands Antilles (NA) is governed separately, but for the purpose of oil spill response the Ministry of Public Health & Environment through the Directorate of Shipping and Maritime Affairs in Curaçao performs a coordinating role and addresses contingency requirements.

The Directorate of Shipping and Maritime Affairs – assisted by a sub-National Coordinator for the windward islands – is responsible for the national oil pollution contingency plan, drafted in accordance with the OPRC90, and adopted in 1994 comprising five distinct contingency plans for each Island.

The Coast Guard for the Netherlands Antilles and Aruba would act as the national spill notification point and host the National Response Centre established at Coast Guard headquarters.

Each island established a counter pollution organisation as part of the National OPRC-Plan and has a designated Island Coordinator who is responsible for the preparedness and response and co-operation with Industry for counter pollution measures – at sea – in ports – and ashore on the specific island, under auspices of the National Coordinator.

The response to an incident is entrusted to a National Oil Pollution Response Team (which deals with policy, international aspects, tier 1-3) and an Island Oil Pollution Response Team (tier 1-2 and counter-pollution measures). Both teams have a fixed staff of designated government representative and experts, and could be expanded depending on the type of incident concerned.

The Government of the Netherlands Antilles hosts the Regional Activity Centre - Regional Marine Emergency Information and Training Centre for the Wider Caribbean (RAC / REMPEITC-Carib), established in Curaçao, under the auspices of the Cartagena Convention and direct support of IMO.

Response:

The response policy for the Netherlands Antilles adopts the joint approach of containment/recovery, natural dispersion, restricted use of dispersant and shoreline clean up.

Equipment:

The Port Authorities in Curaçao own a small quantity of boom and their tugs carry dispersant and the necessary spraying equipment.

The Royal Netherlands Navy operate a supply vessel which could carry recovery equipment onboard.

The Curaçao desalination plant has installed own booms at its seawater intakes.

Aerial surveillance would be undertaken using aircraft from the Royal Netherlands Air Force and Navy.

The Coast Guard auxiliaries also have access to aircraft and vessels.

Oil Industry, ISLA (an affiliate of Petroleos de Venezuela - PDVSA) in the Schottegat and Bullen Bay on Curaçao, BOPEC on Bonaire, Statia Terminals on St. Eustatius, Shell and Esso e.o. operates equipment for response to spills from their facilities and has agreed to provide minimum Tier 1 response for the government.

Their equipment includes boom, skimmers, vacuum trucks, response vessels, barges, dispersant and spraying equipment. All the Oil companies are members of Clean Caribbean and Americas (CCA).

55

The Curaçao Dry Dock has a barge, which could be used to contain recovered oil and a small quantity of boom. There are three contractors in Willemstad, which operate vacuum trucks.

There are no specialised resources available on Saba or Sint Maarten. Although Oil distributors Shell and Esso could take counter pollution measures during single buoy discharge operations to their terminal.

Salvage: Smit International Antilles operates tugs and equipment for salvage. Heavy powered tugs are available on Curaçao, Bonaire and St Eustatius (Statia Terminals)


• The National Oil Spill Contingency Plan of the Netherlands Antilles has not been exercised. The Island Oil Pollution Contingency Plan of St. Eustatius was exercised during the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996. Bonaire and Curaçao exercise their Island OPRC-Plans on a regular base.

• The Netherlands Antilles participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• The Netherlands Antilles participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• The Netherlands Antilles attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1996

• The Netherlands Antilles hosted the test level 3 IMO Model Training Course for Managers / Administrators, Curaçao – November 1997

• The Netherlands Antilles participated in the Carib 98 OPRC Training & Exercise, St. Lucia – March 1998, and the CCA Mobex 98, St. Kitts & Nevis – April 1998.

PREVIOUS SPILLS:

No large Spills have been reported to Rempeitc-Carib since 1999. A number of operational spills, small quantities of various oil type had been observed and reported. In some occasions dispersants were used to combat the small spills.


The Netherlands Antilles is party to the following conventions. These conventions have been implemented in the national legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √

The Netherlands Antilles is party to the bilateral MOU - “Oil Pollution Contingency Agreement” between the Kingdom of the Netherlands (the Netherlands – Aruba and the Netherlands Antilles) and Venezuela.

56

FUTURE DEVELOPMENTS

• Continue the Host of the Regional Marine Pollution Emergency Information and Training Centre, Wider Caribbean (REMPEITC-Carib, after adoption by the Contracting Parties to the Cartagena Convention and the Intergovernmental Meeting for the Caribbean Environment programme – 1998.

• To Exercise the National Oil Pollution Contingency Plan, expected 1997, and the MOU with Venezuela – 1998/1999.

• The implementation of CLC/Fund and OPRC Convention are in a final state.

• The Netherlands Antilles has recently revised their National OPRC-Plan in line with their National Disaster Preparedness and Response Plan. And will become in force after adoption by Parliament.

• The Coast Guard for the Netherlands and Aruba offered to be the 24 hour Focal Point for the Wider Caribbean Region regarding pollution reporting. This service will be announced later 2005.


57


Country Profile

PUERTO RICO (US)

FOCAL POINTS


U.S. Coast Guard Chief Office of Response Commandant (G-RPP) U.S. Coast Guard 2100 Second St., S.W. Washington, D.C. 20593

TEL: +1 (202) 267-0518 FAX: +1 (202) 267-4085 TELEX: none EMAIL


For the US waters; Puerto Rico & US Virgin Islands: U.S. Coast Guard Sector San Juan 5 Calle La Puntilla San Juan, Puerto Rico 00901

TEL: +1 (787) 289-2041 FAX: +1 (787) 729-6706 TELEX: none

POC: Captain of the Port EMAIL: [email protected] POC: Chief, Response Command


U.S. Coast Guard Marine Sector San Juan 5 Calle La Puntilla San Juan, Puerto Rico 00901


POC: Captain of the Port

RESPONSE AGENCY

Environmental Quality Board P.O. Box 11488 Pta. de Tierra San Juan, Puerto Rico 00910

TEL: +1 (787) 767-8031 FAX: +1 (787) 767-8118 TELEX: none EMAIL: Mr. Israel Torres


National Response Center Room 2611 2100 Secopnd Street SW Washington, DC 20593

TEL: +1 (800) 424-8802 +1 (202) 267-2675 FAX: +1 (202) 267-4085 / 4065 +1 (202) 267-2165 (After hrs) TELEX: 892427 TEL: +1 (787) 706-2444 +1 (787) 289-2040 FAX: +1 (787) 706-2448

58

CONTINGENCY PLAN

Organization and Arrangements:

U. S. Coast Guard (USCG) Sector San Juan is the lead federal agency for spills in Puerto Rico (PR) and the U. S. Virgin Islands (USVI). The lead local authority for Puerto Rico is the Environmental Quality Board (EQB). Other local agencies with an interest include the PR Department of Natural Resources and PR State Emergency Management Agency (SEMA). Depending on the severity and impacts of a spill, various federal, state and local agencies may respond and fulfill advisory or support roles within an incident command system.

The USCG and local authorities have developed an Area Contingency Plan for PR and the USVI (Updated 2005). The plan provides response guidance for various contingencies including oil and hazardous substance spills. Coastal sensitivity maps in the plan identify environmentally sensitive areas and define oil recovery and shoreline protection strategies for these areas. Puerto Rico is also covered by an IMO Caribbean Regional Response Plan, which sets plans for the Caribbean States and a cooperative arrangement between countries.

During an incident a Federal On Scene Coordinator (FOSC) will be appointed from Coast Guard Sector San Juan. The FOSC serves as the incident commander and may form a Unified Command with the Puerto Rico EQB. Depending on the severity of the incident, the Unified Command may involve numerous federal, state and local government authorities as well as the party responsible for the incident, organized under an Incident Command System. The Caribbean Regional Response Team (CRRT) and other specialized U.S. National resources and expertise may also be used to support response efforts.

Response:

The responsibility for combating and cleaning oil spills rests with the polluter, who would be expected to promptly provide resources, or engage appropriate contractors. If the work is performed unsatisfactorily, the USCG is empowered to take over the clean-up and appoint their own contractors at the owner's expense.

The main response strategy is to secure the source, contain the spilled oil, and recover free-floating oil with skimmers and sorbents. The use of dispersants for certain areas within Puerto Rico has been pre-approved, however the use of such measures and in-situ burning may require final consultation and approval of the USCG, EQB, and CRRT. Shoreline clean-up will be conducted via mechanical or manual recovery.

Equipment:

U. S. Coast Guard Sector San Juan maintains a stockpile of containment and recovery equipment in San Juan including a deployable Vessel of Opportunity Skimming System (VOSS). A complete inventory of response equipment in Puerto Rico is maintained in the Area Contingency Plan. In addition, Regional Strike Team(s) in the U.S. Mainland remain ready to assist as required with specialized equipment and expertise.


The Area Contingency Plan is updated on a (3) year cycle. Table-top exercises are conducted annually and a triennial full-scale exercise is held to test equipment deployment and response management.

Facility Response Plans are exercised regularly by waterfront facilities with USCG participation.

The Area Contingency Planning Committee meets regularly to maintain the Area Contingency Plan and support spill prevention, preparedness, and response activities including training and exercises.

59

CONVENTIONS AND AGRREEMENTS

Puerto Rico is party to the following conventions. These conventions have been ratified and implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √

Puerto Rico is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

• Current initiatives will align the Area Contingency Plan with the newly developed National Response Plan.

• Updates to the Area Contingency Plan will include response actions to Weapons of Mass Destruction, along with methods to respond to Biological and/or Radiological incidents.

Date of latest information, updated 20 June 2006

60


Country Profile

St. KITTS and NEVIS

FOCAL POINTS


Ministry of Home Affairs Government Headquarters Church Street P.O. Box 186 Basseterre, St. Kitts

TEL: +1 (869) 465-2688 / 2521 ext. 1034 FAX: +1 (869) 465-5202 TELEX: 6820 EXTNL SKB KC EMAIL:

POC: Mr. Calvin Farier, Permanent Secretary


National Emergency Management Agency (NEMA) Government Headquarters Church Street, P.O. Box 186 Basseterre, St. Kitts

TEL: +1 (869) 466-5100 / 466-6892 FAX: +1 (869) 466-5310 TELEX: 6820 EXTNL SKB KC EMAIL: [email protected]

POC: National Disaster Co-ordinator; Mr. Errol Maynard


The Office of Disaster Preparedness National Emergency Management Agency (NEMA) Government Headquarters Church Street, P.O. Box 186 Basseterre, St. Kitts

TEL: +1 (869) 466-5100 / 466-6892 FAX: +1 (869) 466-5310 TELEX: 6820 EXTNL SKB KC EMAIL: [email protected]

POC: National Disaster Co-ordinator; Mr. Errol Maynard

RESPONSE AGENCY

St. Kitts and Nevis Coast Guard Deep Water Port Basseterre, St. Kitts

TEL: +1 (869) 465-8384 / 466-7312 FAX: +1 (869) 465-8406 TELEX: none EMAIL:

POC: Inspector Ivor Blake, Commanding Officer; or

Mr. Patrick Wallace


St. Kitts and Nevis Coast Guard Deep Water Port Basseterre, St. Kitts

TEL: +1 (869) 465-8384 / 466-7312 FAX: +1 (869) 465-8406 TELEX: none EMAIL:

POC: Inspector Ivor Blake, Commanding Officer; or

Mr. Patrick Wallace

61

CONTINGENCY PLAN


St. Kitts and Nevis National Oil Spill Contingency Plan is currently under revision and forms a part of the St. Kitts and Nevis National Disaster Plan.

The lead agency for government control during an oil spill is the St. Kitts and Nevis Coast Guard, a division of the St. Kitts and Nevis Police Force and a part of the Ministry of Home Affairs. The Coast Guard provide overall control of spill response and designate an On Scene Commander (OSC), who chairs an Oil Spill Co-ordination Team. This is composed of representatives of interested parties including the Ministry of Health (which provides environmental advice), Office of Disaster Preparedness of the National Emergency Management Agency, Department of Public Works, St. Kitts and Nevis Police, and the St. Kitts and Nevis Port Authority.

In practice, government would call upon oil industry resources as a first tier of response, after which assistance would be sought from adjacent Caribbean island states using alerting procedures identified in the Caribbean Islands OPRC Plan.

Response:

The response policy for St. Kitts and Nevis adopts the approach of containment/recovery and manual shoreline clean up. There is no defined policy on dispersant use, but there are no dispersants or application equipment locally available.

Small or moderate volumes of oily beach material could be disposed of at the local public refuse tip (possibly with the additional requirement of quicklime stabilisation), but larger volumes and bulk liquid oily wastes would probably have to be exported for final treatment and disposal.

Equipment:

The government has no specialised equipment. However, the Department of Public Works is responsible for locating local labour and mechanical earthmoving equipment.

Only limited resources for oil spill response, held by Shell Antilles and Guianas Ltd., are on the islands. In addition, three tankers on long term charter to Shell carry on board oil pollution response equipment for use by shoreside personnel. Texaco West Indies Ltd. is a member of the Clean Caribbean and Americas (CCA), based in Florida, and has access to the resources held by them. No specialist oil spill clean-up contractors are locally available.

Very few vessels, other than small fishing boats are available for at sea response. Helicopters for air surveillance are not available in St. Kitts, but are available from nearby island states. Fixed wing charter aircraft are available from local firms at Golden Rock Airport.

Salvage, heavy powered tugboats are available at St. Eustatius.


• The National Oil Spill Contingency Plan of St. Kitts and Nevis was exercised in 1996 – table top and operational response exercise.

62

• St. Kitts and Nevis attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• St. Kitts and Nevis participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• St. Kitts and Nevis attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1997

• St Kitts & Nevis participated, on initiative of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• St. Kitts and Nevis hosted the CCC / REMPEITC-Carib MOBEX 98 – April 1998

PREVIOUS SPILLS:



St. Kitts and Nevis is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √

At. Kitts and Nevis is not a party to any sub-regional or bilateral agreement.

FUTURE DEVELOPMENTS

St. Kitts has requested that REMPEITC-Carib provide assistance in revising and updating their National Contingency Plan. A request has also been tendered to have a level I IMO Model Course in St. Kitts.


63


Country Profile

St. LUCIA

FOCAL POINTS


Office of the Prime Minister New Government Building Conway Castries, St. Lucia

TEL: +1 (758) 452-3980 FAX: +1 (758) 453-7352 TELEX: (0398) 6243 SLUPM EMAIL:

POC: Mr. Victor Girard, Cabinet Secretary


Office of Disaster Preparedness P.O. Box 1517 Red Cross Building Vigle, St. Lucia

TEL: +1 (758) 468-2126 +1 (758) 453-3802 FAX: +1 (758) 453-2152 TELEX: (0398) 6272LC EMAIL: www.StLucia.gov.lc or

[email protected] POC: Ms. Dawn French, National

Disaster Co-ordinator


Coast Guard Base St. Lucia Coast Guard Vigie Cove – P.O. Box 109 Castries, St. Lucia

TEL: +1 (758) 456-3870 / 456-3871 FAX: +1 (758) 453-2799 TELEX: none EMAIL: [email protected] or [email protected] POC: LCDR M. Cox, Commander

RESPONSE AGENCY

Marine Police Unit Marine Police Commander Royal St. Lucia Police Force P.O. Box 109 Castries, St. Lucia

TEL: +1 (758) 456-3870 / 456-3871 FAX: +1 (758) 453-2799 TELEX: none EMAIL: [email protected] POC: LCDR M. Cox, Commander


Marine Police Unit Marine Police Commander Royal St. Lucia Police Force P.O. Box 109 Castries, St. Lucia

TEL: +1 (758) 456-3870 / 456-3871 FAX: +1 (758) 453-2799 TELEX: none EMAIL: [email protected] [email protected]

64

CONTINGENCY PLAN


Overall responsibility for national emergencies rests with the National Emergency Management Organization (NEMO), which is chaired by the Prime Minister. There are 13 sub-committees one of which, the Oil and Hazardous Substances Sub-Committee, is responsible for spill response arrangements in St. Lucia. This sub-committee is chaired by the Director Designate Maritime Affairs, St. Lucia Air and Sea Ports Authority representatives from resident oil companies and various government agencies responsible for planning, health, the police and emergency services.

A National Oil Spill Contingency Plan was drawn up in 1996 and incorporated into the St. Lucia National Disaster Management Plan. This was accepted and adopted by government in 1997.

The oil companies have their own local contingency plans and resources for combating spills arising at their facilities. For spills at sea, the Coast Guard Commander would act as On-Scene Coordinator, for land spills the Chief Fire Officer would act as On-Scene Coordinator.

Response:

Containment / Recovery and manual shoreline cleanup are the preferred options. As outlined in the National Plan, burning would be considered an option if other options proved inadequate and conditions were suitable. Chemical dispersion would be considered only as a last resort

Equipment:

None of the government agencies own any specialised oil pollution equipment and reliance is placed on industry resources. The Coast Guard have one 65ft patrol boat, one Boston Whaler and various other vessels. The St. Lucia Air and Sea Ports Authority have two 28ft pilot boats.

Hess Oil St. Lucia, and Shell Antilles and Guianas have stocks of oil spill combating equipment at their facilities in Castries and Vieux Fort respectively. In principle, this equipment would be available to the government in the case of a spill from another source. However, its availability cannot be guaranteed and. in the case of Hess Oil, it would be subject to there not being a vessel at their transhipment terminal.

The St Lucia Banana Growers Association owns and operates a Turbo Thrush spraying aircraft, which could be utilised for dispersant spraying.

The US Marine Spill Response Corporation (MSRC) has placed a small stock of equipment, including boom, skimmer and storage barges, on the island


• The National Oil Spill Contingency Plan of St. Lucia was exercised in 1996 – operational response exercise.

• St. Lucia participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• St. Lucia attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1996

• St. Lucia hosted the REMPEITC-Carib ’98 OPRC Training & Exercise – March 1998

• St. Lucia participated in the CCC / REMPEITC-Carib MOBEX 1998, St. Kitts and Nevis – April 1998

65

PREVIOUS SPILLS:



St. Lucia is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √

St. Lucia is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

• REMPEITC-Carib is invited to assist in reviewing and updating the National Oil Pollution Contingency Plan

• St. Lucia has the intention to ratify and implement International Maritime Conventions and invite IMO for legal assistance.


66



Country Profile

St. VINCENT and GRENADINES

FOCAL POINTS


Prime Minister’s Office Administrative Complex Kingstown St.Vincent

TEL: +1(784) 456-1111/456-1703 FAX: +1(784) 457-2152 EMAIL: [email protected] POC: Mrs Shirla Francis Permanent Secretary

LEAD AGENCY (Competent National Authority

Ministry of Foreign Affairs and Trade Administrative Complex Kingstown St.Vincent

TEL: +1 (784) 456-1111/456-2060 FAX: +1(784) 456-2010 EMAIL: [email protected] POC: Hon. Michael Browne Minister Mrs. Patricia Martin, Permanent Secretary


St.Vincent Coast Guard Service The Coast Guard Base Calliaqua Front Street; Calliaqua PO Box 835 Kingstown St.Vincent

TEL: +1(784) 457-4578/457-4554 FAX:+1(784) 457-4586 EMAIL: [email protected] POC: Cdr. Tyrone James

RESPONSE AGENCY






67

CONTINGENCY PLAN


The National Disaster Co-ordinator established a Marine Pollution and Oil Spills Management Committee to prepare a National Oil Spill Contingency Plan in 1989. The members of the Committee comprised representatives from several Departments, the Coast Guard, and Oil Industry, drafted a temporary Plan which envisages a co-ordinated response amongst the above organisations. At the present time reliance would be placed on industry resources to combat spills arising from spills in the ports or from passing traffic.

In 1996 REMPEITC-Carib was requested to assist in redrafting this plan to international OPRC standards. This National Pollution Contingency Plan was presented to National Disaster Co-ordinator in 1997 and will be discussed and prepared for adoption by Parliament.

At present reliance would be placed on industry resources to combat spills in port or arising from passing traffic

Response:

The present draft plan addresses a policy regarding spill response based on the joint approach of recovery/containment, the use of dispersant and manual shore clean up. Due to severe problems of erosion, manual-cleaning methods must be used on sand beaches. In order to protect the few remaining mangroves in St. Vincent and more extensive mangroves on the island of the Grenadines, minimal cleanup should be carried out in these areas. Cleaning of rocky areas should be restricted to hand.

Shell Antilles and Guianas Ltd. operates a terminal and stores fuel in Kingstown and holds a small stock of pollution response equipment comprising booms and skimmers sufficient to handle a Tier 1 spill at its facility. It is a member of the Clean Caribbean and Americas (CCA) and would rely on its resources in the event of a major oil spill.

Equipment:

The Coastguard has a small fleet of patrol vessels, one of which has a reasonable deck area that could be used to carry and deploy response equipment. However, there is currently no government-owned specialised pollution equipment in St. Vincent and the Grenadines.

Shell Antilles and Guianas Ltd. operates a terminal and stores fuel in Kingstown and holds a small stock of pollution response equipment comprising booms and skimmers sufficient to handle a Tier 1 spill at its facility. It is a member of the Clean Caribbean and Americas (CCA) and would rely on its resources in the event of a major oil spill.


• St. Vincent and The Grenadines attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• St. Vincent and The Grenadines participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• St. Vincent and The Grenadines attended the REMPEITC-Carib, 1997 Carib - OPRC 90 Exercise, Grenada – April 1997.

• St. Vincent and the Grenadines participated in the REMPEITC-Carib 1998 OPRC Training & Exercise, St. Lucia – March 1998 and the CCC / REMPEITC-Carib 1998 MOBEX 1998, St. Kitts and Nevis – April 1998

68

PREVIOUS SPILLS:

St. Vincent and the Grenadines lie to the of principal tanker routes and since the prevailing winds and currents are westerly, the islands are not at risk from tanker spills and none have been experienced to date.


St. Vincent and The Grenadines is party to the following conventions. These conventions have been ratified but not all implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √

St. Vincent and The Grenadines is not a party to any sub-regional or bilateral agreement.

FUTURE DEVELOPMENTS

St. Vincent and the Grenadines has the intention to update and exercises their National Pollution Contingency Plan in in co-operation with REMPEITC-Carib

Date of latest information, updated 20 October 2005

69


Country Profile

SURINAME

FOCAL POINTS


Ministry of Labour, Technological development and Environment (ATM) Wagenwegstraat no. 22 Paramaribo Suriname Ministry of Transport, Communication and Tourism Prins Henderikstraat # 26-28 Paramaribo Suriname

TEL: + (597) 475368 FAX: + (597) 42060 TELEX: EMAIL: [email protected] or [email protected] POC: Mrs. Anuradha Bajnath-Khoenkhoen

TEL: + (597) 420-422 / 420-905 FAX: + (597) 420-100 TELEX: EMAIL: [email protected] POC:


Maritime Authority Suriname Cornelis Jongbastraat 2 - P.O. BOX 888 Paramaribo Suriname

TEL: + (597) 476-733 FAX: + (597) 472-940 TELEX: EMAIL: [email protected] POC:




RESPONSE AGENCY






70

CONTINGENCY PLAN


The Suriname Oil Spill Contingency Plan is currently under revision and forms a part of the new Suriname National Disaster Plan.

The National OPRC-Plan was drafted end 2004 with the support of Rempeitc-Carib (sponsored by French and assistance of the Netherlands).

A petit committee (government and industry) is finalizing the draft for adoption by Parliament later this year.

Each District within Suriname is governed separately, but for the purpose of oil spill response the Ministry of Labour, Technological development and Environment (ATM) through the Maritime Authority of Suriname (MAS) and the Institute of Environmental Developments, Co-operation (NIMOS), and the Nation Disaster Coordinator in Suriname performs a coordinating role and addresses contingency requirements.

The Directorate of the Maritime Authority of Suriname – assisted by the Institute of Environmental Developments, is responsible for the national oil pollution contingency plan, drafted in accordance with the OPRC90.

The National Contingency (disaster) Coordination Centre (NCCR) for Suriname would act as the national spill notification point and host the National Response Centre established at NCCR headquarters.

Each District established a counter pollution organisation as part of the National OPRC-Plan and has a designated district Coordinator who is responsible for the preparedness and response and co-operation with Industry for counter pollution measures – at sea – in ports – on rivers – and ashore in the specific district, under auspices of the National Coordinator.

The response to an incident is entrusted to a National Oil Pollution Response Team (which deals with policy, international aspects, tier 1-3) and an District Oil Pollution Response Team (tier 1-2 and counter-pollution measures). Both teams have a fixed staff of designated government representative and experts, and could be expanded depending on the type of incident concerned.

Response:

The response policy for Suriname Antilles adopts the joint approach of containment/recovery, natural dispersion, restricted use of dispersant and shoreline clean up.

Equipment:

There is no or restricted government owned recovery equipment in stock for offshore and district counter measures. Limited Government owned vessels are available for spill response. (has to be update by the committee).

The government owned oil company “Staatsolie” has recourses to combat spills at their own facilities. Staatsolie labour is well trained for counter pollution measures.

Staatsolie is member of Clean Caribbean and Americas (CCA).

The other oil companies (Shell – Exxon - ????) have limited resources for oil spill response and are is a member of the Clean Caribbean and Americas (CCA), based in Florida, and has access to the resources held by them. No specialist oil spill clean-up contractors are locally available yet.

71

Aerial surveillance would be undertaken using aircraft from the Suriname Army.


• The National Oil Spill Contingency Plan of Suriname has not been exercised. Staatsolie exercise her plan on a regular base.

• Suriname Antilles participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Suriname participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• Suriname attended the REMPEITC-Carib, 97 Carib - OPRC 90 Exercise, Grenada – April 1996

• Suriname participated in the test level 3 IMO Model Training Course for Managers / Administrators, Curaçao – November 1997

• Suriname in the Carib 98 OPRC Training & Exercise, St. Lucia – March 1998, and the CCA Mobex 98, St. Kitts & Nevis – April 1998.

PREVIOUS SPILLS:

No large Spills have been reported to Rempeitc-Carib since 1999.


Suriname is party to the following conventions. These conventions have been implemented in the national legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √

Suriname is not a party to any regional or bilateral agreement

FUTURE DEVELOPMENTS

• Suriname will host the IMO Train the Training Course in November 2005

• Suriname will finalise their National OPRC-Plan for adoption by Parliament.

• Suriname requested Rempeitc-Carib to support in training – Level 1-3 courses and to exercise the National and District Plans after adoption.

Date of latest information, 6 June 2006

72


Country Profile

TRINIDAD and Tobago

FOCAL POINTS


Ministry of Energy and Energy Industries Levels 8/9 Riverside Plaza Besson Street, P.O. Box 96 Port-of-Spain, Trinidad

TEL: +1 (868) 623-2334; 623-6708/14; 625-8743/5 FAX: +1 (868) 623-2726; 652-3129 TELEX: 2254912232 1 EMAIL:

POC: Mr. Kenrick Haynes; Mr. Oswald Adams


Ministry of Energy and Energy Industries Levels 8/9, Riverside Plaza Besson Street, P.O. Box 96 Port-of-Spain, Trinidad

TEL: +1 (868) 623-2200/6708-14; 625-8743-5 FAX: +1 (868) 623-2726; 652-3129 TELEX For emergencies only, via Office of Telecommunications Services of Trinidad: TSTT (Int'l) 3000F POSTLX WG EMAIL:

POC: Mr. Oswald Adams, Deputy Controller, National

OPRC- Plan, or Mr. Kenrick Haynes


Trinidad & Tobago Coast Guard Staubles Bay Chaguaramas

TEL: +1 (868) 634-4235 +1 (868) 634-4439

RESPONSE AGENCY

Trinidad and Tobago Coast Guard Staubles Bay, Chaguaramas c/o Carenage Post Office Carenage, Trinidad

TEL: +1 (868) 634-4235/4439/4440 FAX: TELEX: none

POC: LCDR Kayam Mohammed; or LCDR Francis Weekes


Director of Maritime Services Maritime Service Division Ministry of Works and Transport 48-50 Sackville Street Port of Spain, Trinidad Oil spill related matters also to: Ministry of Energy and Energy Industries Level 8, Riverside Plaza Besson Street Port of Spain, Trinidad

TEL: +1 (868) 625-3858 / 7004 / 3804 FAX: +1 (868) 624-5884 TELEX: EMAIL: [email protected] TEL: +1 (868) 623-6708 / 2200 (Min Energy) +1 (868) 634-4235 / 44439 / 4440 / 2131 (Coast Guard) Fax: +1 (868) 623-2726 +1 (868) 637-2678 (after hrs)

73

CONTINGENCY PLAN


The National Oil Spill Contingency Plan provides for a co-ordinated response to spills of up to 20,000 bbls. This National Plan is under revision. A Special Adviser to the Ministry of Energy and Energy Industries serves as the National Controller and is responsible for the overall co-ordination of any response. The National Controller is also appointed as Lead Agency for Oil Pollution preparedness response and co-operation.

The coast is divided into five areas for which an Area Controller is drawn from one of the local oil companies or the Coast Guard. The Controllers are responsible for the clean up of spills within their designated areas irrespective of the source. They have access to all the equipment and material resources within the five areas.

Response:

Although containment and recovery techniques are preferred, dispersant is permitted, particularly on the north and east coasts where high-energy seas and swells are experienced. However, dispersants must be approved by the Ministry of Energy and Energy Industries. Defensive booming strategies would be used to protect vulnerable resources and manual methods would be employed for shoreline clean up.

Equipment:

The Trinidad and Tobago Coast Guard have vessels and a small stock of equipment comprising booms and dispersant spraying equipment. The Air Division of the Ministry of National Security provides helicopters and fixed-wing aircraft for reconnaissance.

All oil companies based in Trinidad and Tobago including those operating on a temporary basis are required to hold stocks of dispersant and mechanical recovery equipment. Trinair, a private aviation company holds two helicopter spray buckets. Three of the oil companies, Amoco Trinidad, Texaco Trinidad and Trintoc are members of the Clean Caribbean and Americas (CCA) and can mobilise their resources in the event of a major spill. In addition, PETROTRIN, is a member of ARPEL, a reciprocal agreement between Latin American oil companies, based in Montevideo, and can call upon this organization and its member companies for advice and resources.


• The National Oil Spill Contingency Plan of Trinidad and Tobago was exercised in 1996 –joint operational response exercise with the oil industry.

• Trinidad and Tobago attended the REMPEITC-Carib OPRC 90 Training & Exercise Workshop 96, St. Eustatius – April 1996

• Trinidad and Tobago participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

• Trinidad and Tobago attended the annual table top and operational exercise in Venezuela, Golf of Paria, Nov. 1996.

• Trinidad and Tobago participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• Trinidad and Tobago attended the CCC/REMPEITC-Carib MOBEX ’98, St. Kitts and Nevis – April 1998.

PREVIOUS SPILLS:

No Spills heve been reported to Rempeitc-Carib since 1999.

74


Trinidad and Tobago is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √ √

Trinidad and Tobago is a party to the MOU on Oil Pollution co-operation with Venezuela.

FUTURE DEVELOPMENTS

• It is expected that the revised National Oil Spill Contingency Plan of Trinidad and Tobago will be presented to Parliament for adoption October 1998

• Trinidad and Tobago is willing to support and assist IMO and REMPEITC-Carib in sensitivity index mapping.



Country Profile

TURKS and CAICOS

FOCAL POINTS


Ministry of Natural Resources and Social Services Grand Turk, Turks and Caicos British West Indies

TEL: +1 (649) 946-2801 Extn 41505 FAX: +1 (649) 946-2240 TELEX: none EMAIL: [email protected]

POC: Terry N Smith, Permanent Secretary


Office of Disaster Preparedness Ministry of Natural Resources and Social Services South Base Grand Turk, Turks and Caicos British West Indies


POC: Mr. Terry N Smith, Acting Director


Office of the Commissioner of Police

TEL: +1 (649) 946-1025 FAX: +1 (649) 946 2099 TELEX: EMAIL: [email protected] POC: Mr Edward Hall, Acting Commissioner of Police

RESPONSE AGENCY

Department of Environment & Coastal Resources Ministry of Natural Resources & Social Services Grand Turk, Turks and Caicos British West Indies

TEL: +1 (649) 946-2857 FAX: +1 (649) 946-1895 TELEX: none EMAIL: [email protected] POC: Mrs. Michelle Gardiner


Department of Environment & Coastal Resources South Base Grand Turk Turks and Caicos Islands Maritime Department Butterfield Square Providenciales Turks & Caicos Islands

TEL: +1 (649) 946 5122 FAX: +1 (649) 946-4793 TELEX: EMAIL: environment_&[email protected] POC: Wesley Cleaveaux TEL: +1 (649)941 3148 FAX: +1 (649) 941 4213 EMAIL: [email protected]

CONTINGENCY PLAN


Turks and Caicos finalised their National Oil Spill Contingency Plan in 1996, taking into account the developments on Oil Spill Prevention Response and Co-operation during the past two years in the Wider Caribbean region, e.g. regional co-operation and closer co-operation with the oil industry.

The government Lead Agency for oil spill control is the National Disaster Preparedness Office (NDPO) within the Governor’s Office.

In the event of an incident, a Marine Pollution Action Group (MPAG), comprising representatives from government departments and the local oil industry, and chaired by the island’s Deputy Governor, would convene to provide assistance.

An On-Scene Commander (OSC) would be appointed, operating under the overall control and direction of NDPO/MPAG. The Emergency Operation Centre (EOC) has been established.

The local Oil Industry on Turks and Caicos has agreed to provide the first tier response - and tier 2 & 3 if one of their tankers is involved. In other situations assistance would be sought from the UK and from adjacent Caribbean Island States and Territories using procedures identified in the Caribbean Island OPRC Plan. The point of contact for the latter plan is REMPEITC-Carib, Curaçao.

Response:

The response strategy for Turks and Caicos is based on the joint approach of containment and recovery, the use of chemical dispersant and manual shore clean-up. The use of dispersants requires the approval of the MPAG

Limited amounts of contaminated beach material debris could be landfilled at the Turks and Caicos public refuse tip, Larger volumes and recovered liquid oil would be exported for final treatment and disposal.

Equipment:

There is no government owned recovery equipment ion stock on the island for offshore counter measures.

The Department of Public Works & Utilities could arrange local labour and some earth moving equipment for shoreline cleanup. There are no local stockpiles of dispersant or application equipment.

The local oil industry has limited equipment in place to response to small spills from their facilities. The Airport of Turks and Caicos could only handle light type aircraft and helicopters for aerial surveillance purposes and passengers handling. Heavy counter pollution equipment from CCA and or OSLR has to be shipped via Fort Lauderdale or the Dominican Republic.


The National Oil Spill Contingency Plan of Turks and Caicos was exercised in 1997 – table top and operational response exercise.

PREVIOUS SPILLS:

No Spills heve been reported to Rempeitc-Carib since 1999


Turks and Caicos is party to the following Conventions. These conventions have been ratified and implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √

Turks and Caicos is not a party to any bilateral agreement.

FUTURE DEVELOPMENTS

REMPEITC-Carib will pay a visit to Turks and Caicos in near future to discuss introduction of bilateral arrangements with neighbouring countries for the transport of heavy counter measure equipment.


78


Country Profile

US VIRGIN ISLANDS (US)

FOCAL POINTS


U.S. Coast Guard Chief Office of Response, Commandant (G-RPP) U.S. Coast Guard 2100 Second St., S.W. Washington, D.C. 20593



For the US waters; Puerto Rico & US Virgin Islands: U.S. Coast Guard Sector San Juan 5 Calle La Puntilla San Juan, Puerto Rico 00901


POC: Captain of the Port


U.S. Coast Guard Sector San Juan 5 Calle La Puntilla San Juan, Puerto Rico 00901 and also: National Response Center Room 2611 2100 Secopnd Street SW Washington, DC 20593 For St. Thomas and St. John’s island USCG Marine Safety Detachment P.O. Box 818 Kings Wharf St. Thomas, USVI 00801-818 For St. Croix and Buck Islands USCG Marine Safety Detachment Christiansted, St. Croix, USVI


POC: Captain of the Port TEL: +1 (800) 424-8802 +1 (202) 267-2675 FAX: +1 (202) 267-4085 / 4065 +1 (202) 267-2165 (After hrs) TELEX: 892427 TEL: +1 (340) 776-3497 FAX: +1 (340) 774-1687 TEL: +1 (340) 772-5557 FAX: +1 (340) 778-8185

RESPONSE AGENCY

V.I. Department of-Planning and Natural Resources Nisky Center, Suite 231 St. Thomas, USVI 00802

TEL: +1 (340) 744-3320 FAX: TELEX: EMAIL: POC: Mr. Roy Adams, Commissioner; Mr. Leonard Reed; Mr. Benjamin Nazario, Director Emergency Planning

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National Response Center Room 2611 2100 Secopnd Street SW Washington, DC 20593 and U.S. Coast Guard Sector San Juan 5 Calle La Puntilla San Juan, Puerto Rico 00901

TEL: +1 (800) 424-8802 +1 (202) 267-2675 FAX: +1 (202) 267-4085 / 4065 +1 (202) 267-2165 (After hrs) TELEX: 892427 TEL: +1 (787) 289-2041 FAX: +1 (787) 7296706

CONTINGENCY PLAN

Organization and Arrangements:

U. S. Coast Guard (USCG) Sector San Juan (based in San Juan, PR), maintains federal responsibility for spill response in Puerto Rico (PR) and the U. S. Virgin Islands (USVI). Representatives of USCG Sector San Juan are permanently based in St. Thomas and St. Croix to assume the lead for spills within their regions. The designated lead agency for the local government is the Department of Planning and Natural Resources (DPNR). Other local authorities with an interest are the USVI Port Authority and private terminal operators.

The USCG and local authorities have developed an Area Contingency Plan for PR and the USVI (Updated 2005). The plan provides response guidance for various contingencies including oil and hazardous substance spills. Coastal sensitivity maps in the plan identify environmentally sensitive areas and define oil recovery and shoreline protection strategies for these areas. The USVI is also covered by an IMO Caribbean Regional Response Plan, which sets plans for the Caribbean States and a cooperative arrangement between countries.

During an incident a Federal On Scene Coordinator (FOSC) will be appointed from Coast Guard Sector San Juan. The FOSC serves as the incident commander and may form a Unified Command with the DPNR. Depending on the severity of the incident, the Unified Command may involve numerous federal, state and local government authorities as well as the party responsible for the incident, organized under an Incident Command System. The Caribbean Regional Response Team (CRRT) and other specialized U.S. National resources and expertise may also be used to support response efforts.

Response:

The responsibility for combating and cleaning oil spills rests with the polluter, who would be expected to promptly provide resources, or engage appropriate contractors. If the work is performed unsatisfactorily, the USCG is empowered to take over the clean-up and appoint their own contractors at the owner's expense.

The main response strategy is to secure the source, contain the spilled oil, and recover free-floating oil with skimmers and sorbents. The use of dispersants for certain areas within the USVI has been pre-approved, however the use of such measures and in-situ burning may require final consultation and approval of the USCG, DPNR, and the CRRT. Shoreline clean-up will be conducted via mechanical or manual recovery. DPNR is responsible for providing permits for the storage and disposal of oily wastes. However, there are no approved sites for disposal available locally and all wastes would have to be exported for final disposal.

Equipment:

Locally available resources are extremely limited, and would probably be required from PR. Limited stocks of containment boom and sorbent pads are held on St. Thomas. In addition, the Water and Power Authority (WAPA) holds some minor lengths of boom and some sorbent. The availability of manpower is also limited.

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Hess Oil Corporation in Lime Tree Bay, St. Croix, holds sufficient containment and recovery equipment for its own needs, as does the nearby Vialco Aluminum smelter. The Marine Spill Response Corp. (MSRC), also in St. Croix, has a stock of offshore response equipment. Local firms can provide small boats and tugs.


• The Area Contingency Plan is updated on a (3) year cycle. Table-top exercises are conducted annually and a triennial full-scale exercise is held to test equipment deployment and response management.

• Facility Response Plans are exercised regularly by waterfront facilities with USCG participation.

• The Area Contingency Planning Committee meets regularly to maintain the Area Contingency Plan and support spill prevention, preparedness, and response activities including training and exercises.

PREVIOUS SPILLS:

No Spills heave been reported to Rempeitc-Carib since 1999


US Virgin Islands is party to the following conventions. These conventions have been ratified and implemented in national Legislation.


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √

US Virgin Islands is party to the bilateral agreement with the British Virgin Islands (August 2004).

FUTURE DEVELOPMENTS

• Current initiatives will align the Area Contingency Plan with the newly developed National Response Plan.

• Updates to the Area Contingency Plan will include response actions to Weapons of Mass Destruction, along with methods to respond to Biological and/or Radiological incidents.

Information last updated: 20 June 2006

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Country Profile

VENEZUELA

FOCAL POINTS


Ministerio de Infraestructura (MINFRA) Calle Orinnoco c/c/ Mucuchies, Edificio INEA, Piso 6 Las Mercedes Caracas, Venezuela

TEL: + (58) 212 909-1432 FAX: + (58) 212 909-1498 TELEX: EMAIL: [email protected]

POC: Freddy Angulo Bustillos, Contralmirante


Instituto Nacional de los Espacios Acuaticos e Insulares INEA Gerencia de Seguridad Integral. INEA Calle Orinnoco c/c/ Mucuchies, Edificio INEA, Piso 3 Las Mercedes Caracas, Venezuela

TEL: + (58) 212 909-1552 + (58) 416 402-1377 (after hrs) FAX: + (58) 212 909-1552 + (58) 212 963-9235 TELEX: 21890-PDVSA VE EMAIL: [email protected] [email protected]

POC: Sr. Mr. Klaus Essig Torkuhl


Petroleos de Venezuela S.A. (PDVSA) Manager of Contingency Plans Av.Francisco de Miranda Edif. Pequiven, Piso 15, Chacaco Caracas, Venezuela Zone 1 - Lake Maracaibo; Port Captain, Maracaibo Zone 2 – Punta Cardon; Port Captain, Las Piedra Zone 3 – El Palito; Port Captain, Puerto Cabello Zone 4 – Puerto La Cruz, Port Captain, Puerto la Cruz Zone 5 – Caripido; Port Captain, Guiria

TEL: + (58) 212 201-3864 + (58) 414 328-6147 (after hrs) FAX: + (58) 212 201-3888 + (58) 212 201-3864 TELEX: 21890-PDVSA VE EMAIL: [email protected] POC: Sr. Siegfried R. Diller TEL: + (58) 61 211-887 + (58) 61 223-279 TELEX: 62211 TEL: + (58) 69 45192 + (58) 69 402-008 TEL: + (58) 42 617-168 TEL: + (58) 81 677-088 + (58) 81 677-011 TEL: + (58) 94 81545

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RESPONSE AGENCY

Petroleos de Venezuela SD.A. (PDVSA) Manager of Contingency Plans Av.Francisco de Miranda Edif. Pequiven, Piso 15, Chacaco Caracas, Venezuela

TEL: + (58) 212 201-3864 + (58) 414 328-6147 (after hrs) FAX: + (58) 212 201-3888 + (58) 212 201-3864 TELEX: 21890-PDVSA VE EMAIL: [email protected] POC: Sr. Siegfried R. Diller


Ministerio de Transporte y Communicaciones Direccion General Sectorial de Transporte Acuatico Av. Lecuna, Torre Este piso 38 Parque Central Caracas

TEL: + (58) 212 509-2845 / 2811 FAX: + (58) 212 574-3021 / 9043 + (58) 212 509-2722 TELEX: MTC 22785/6 EMAIL: POC:

CONTINGENCY PLAN


The Venezuelan acuatic authority INEA , with the support of the national oil industry - Petroleos de Venezuela S.A. (PDVSA), have the main objective as National Contingency Plan (NCP) to counteract the physical, chemical, biological, social and economic damage, wich may be caused by the accidental discharge of large volumes of oil in Venezuelan rivers and coastal areas.

The response is tiered in three levels, local, regional and national the NCP is designed to fight spills involving between 100 and 60,000 barrels of crude oil and hydrocarbon products, in order to coordinate the plan and maximizing existing resourdes.

The NCP administration is split in geographical zones according the port authorities and oil terminals or oil production facilities existing in those zones.

Small spills (less than 100 barrels) are attended by local contingency plans within each responsible installation or port facility.

There are five Maritime Regional Zones and two River Based Zones, each includes a warehouse with all necesary equipment and supplies for fighting oil spills located at (PDVSA) oil industry facilities.

The NCP at regional level is coordinated by a Committee , and a National Central Coordination group headed by the National Port Authority with the support of PDVSA and other Ministries involved with the plan.

Response:

The main objectives of the national contingency plan are:

a) To counteract the physical, chemical, biological, social and economic damage which may be caused by the accidental discharge of large volumes of oil in venezuelan rivers and coastal areas.

b) To optimize the use of material and human resources to control spills c) To guarantee efficiente operation and appropiate policies in the administration, selection, use and

purchase of equipment and dispersants

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d) To establish cooperation and exchange programs with other international oil companies and neighboring countries

The national contingency plan is designed to fight spills originatemainly from:

• Oil well blow-outs

• Pipeline or storage-tank leaks

• Collisions or leaks in tanker operations

• Loading and unloading operations in tankers.

In view of the accumulated experience of the national oil industry, in handling problems related to hydrocarbons and derivates, regional commitees, coordinated by managers appointed by the operating business unit responsible for each of the seven regional areas, have been set up throughout vevenzuela.

The Regional Committees are backed up by an organization capable of acting in emergencies arising from oil spills in their respective areas. Aside from the national oil industry , these committees include representatives from the following bodies:

• Ministry of Energy and Mines

• Ministry of the Environment and Natural Resources

• Ministry of Defense

• Ministry of Infrastructure (inea)

• Ministry of Internal affairs

• Ministry of Foreign Affairs

The Instituto Nacional de los Espacios Acuáticos e Insulares (INEA) will receive all the information (list and data of the equipment, personal, schedules, etc) and coordinate with the inmigration agency and custom agency to start the clearence procedure. Actually no written procedure exsists for that case but it will exist in the near future.

Bilateral contingency plans are available with Colombia, Netherlands (Netherlands Antilles and Aruba) and Trinidad and Tobago. Agreements are stablished with oil cleaning companies as Clean Caribbean and Americas (CCA) and Oil Spill Response Limited (OSRL).

Equipment:

The most important equipment found at the operational, regional and local centers are more than 62,000 feet of barriers, skimmers with a total capacity superior of 10,000 barrels/hour, and five calm waters self propelled skimmers, absorbent materials and dispersant equipment (2 dispersant air equipment for hercules – G222 airplane with 1,000 gallon dispersant capacity each, 4 dispersant equipment for helicopter with 150 gallon dispersant capacity and 13 dispersant equipment for boats).

The support equipment consist in many boats for carring of personal and barriers and 10,000 barrel capacity in portable storage facilities.

All the coastal areas have sensitivity maps and an oil dispertion simulation program (simap) with scenarios and data collected in the last ten years.


• The National Oil Spill Contingency Plan of Venezuela was exercised in 1996 – table top and operational response exercise.

• Venezuela participated in the IMO Model Course – Supervisors / On-Scene Commanders for Oil Spills and Train the Trainer Course, Jamaica - June 1996 (Co-ordinated by REMPEITC-Carib)

84

• Venezuela participated, on invitation of the Oil Industry, to the Clean Caribbean Co-operative (CCC) Training Courses

• Venezuela attended the REMPEITC-Carib, 97 Caribbean - OPRC 90 Exercise, Grenada – April 1997

• Regular performing table top excercises in the facilities of Petroleo de Venezuela S.A. (national oil industry) and

• last March (2003) a training course was done for control of oil spill in the east area of venezuela

PREVIOUS SPILLS:

No Spills occurred since June 1998.


Venezuela is party to the following Conventions. These conventions have been ratified and implemented in national Legislation


OPRC 90

OPRC HNS


Fund

73/78 III IV V ‘69 ‘76 ‘92 “01 ‘71 ‘76 ‘92 √ √ √ √ √ √ √ √ √ √ √ √

Venezuela is party to the Operative Network for Regional Co-operation among Maritime Authorities of South America, Mexico, Panama, and Cuba (ROCRAM).

Venezuela is also party to the bilateral MOU – “Oil Pollution Contingency Agreement” between the Kingdom of the Netherlands (Aruba – the Netherlands Antilles and the Netherlands) and also a party to the Oil Pollution Preparedness, Response and Co-operation bilateral MOU with Trinidad and Tobago and Colombia.

FUTURE DEVELOPMENTS

Training is for:

1. Spill analisis, response and evaluation: Preparing all the personal which belongs to the regional spill comitees in the diferente regiones, in the process of joint decision making for minimize environmental impacts produced by big oil spills and in optimization in the use of site resources this conform the National Contingency Plan.

2. Spill control: Training in technics of spill control for the personal of the public and private oil industry, national army force, oil contractors and public institutions which are party to the activities of the National Contingency Plan.

3. Spill combat: Training in the use of equipment for oil spill combat, cleaning and restoration of afected areas for the personal of the public and private oil industry, national army force, oil contractors and public institutions which are party to the activities of the National Contingency Plan.

4. Workshops: OPRC Convention, NHS 2000 Convention, Planification and evaluation of oil spills, Bilateral and multilateral Agreements, Harmonization of oil spill control, contingency plans, etc with other countries of the Caribean Region.

5. Promotion of exercising the MOU with the Kingdom of the Netherlands

ANY OTHER RELEVANT INFORMATION:

Actually the Instituto Nacional de los Espacios Acuaticos e Insulares (INEA) have the responsability by law to draft the national regulations for prevention, preparation and fighting of oil spill and other noxious or

85

hazardous substances which establish the guidelines for the strategic response of spills, define the responsabilities of the institutions and persons involved in the response operations, provide information of the sensitivity of areas where de spill occurs and suggest course of actions to control the spill with the idea to coordinate and rationalize the use of resources.

This regulations are an element of the national environmental policy and for the prevention of incidents, that fortifies the existing response operation in the country and developte new response actions in areas where they no exists.

The report of those regulations will be available later this year.


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