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The Sea Jul/Aug 13

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The Sea is our bi-monthly maritime newspaper, published for seafarers. It contains the latest news and insights from the shipping industry as well as practical information, and is one of the most widely-read and popular maritime newspapers among working seafarers.
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Issue 224 jul/aug 2013 Los artículos en español aparecen en las páginas 6 y 7 The Sea Editor: Michael Keating News: David Hughes The Sea is distributed free to seafarers through chaplains and seafarers’ centres. You can also arrange to receive it regularly at a cost of £3.50 or $5 per year (six issues). To find out more, contact: Michael Keating, The Sea, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London, UK EC4R 2RL Tel: +44 20 7248 5202 Email: Michael.Keating@ missiontoseafarers.org www.missiontoseafarers.org Seafarers’ support survey page 8 Piracy: don’t drop your guard page 2 Статьи на русском языке приводятся на стр. 6 и 7 IMO launches paperwork cutting plan Fatigue study to help reduce incident risk MLC action steps up page 3 Registered charity in England and Wales: 1123613 The Mission to Seafarers Scotland Limited, Registered charity: SC041938 THE Mission to Seafarers is supporting a call for port levies on ship calls to be used to fund seafarers’ welfare projects. The Mission welcomed a report published by the International Seafarers’ Welfare and Assistance Network (ISWAN) which shows how levies can make a real difference to welfare organisations and the services they can provide for seafarers, at a time when funding is under intense pressure. Speaking at an ISWAN seminar in May, the Mission’s public affairs manager, Ben Bailey, said: “The rates of contribution to local port levies vary widely across our network of seafarers’ centres. The Mission in Saldanha Bay in South Africa attracts a full contribution from a basic port levy per vessel of US$40, and this funds essential transport links and centre maintenance. The seafarers’ centre in Halifax, Nova Scotia on the other hand, only receives a 7 per cent contribution to total running costs from the port levy.” THE International Maritime Organization (IMO) is working on a plan to cut out unnecessary paperwork in the shipping industry. The first step is a six-month consultation for seafarers and other industry personnel so they can have their say via an online questionnaire. IMO secretary- general Koji Sekimizu said: “There has long been a feeling in the industry that there is too much wasted paperwork. This is the start of our efforts to tackle that problem.” He urged “as many people as possible” to take part in the consultation, which can be found at www.imo. org/OurWork/rab/ Pages/default.aspx. A salvage worker abseils on to the Costa Concordia, which grounded on January 13, 2012 (Photo: Reuters) Founded in 1856, and entirely funded by voluntary donations, today’s Mission to Seafarers offers emergency assistance, practical support, and a friendly welcome to crews in 260 ports around the world. Whether caring for victims of piracy or providing a lifeline to those stranded in foreign ports, we are there for the globe’s 1.3 million merchant seafarers of all ranks, nationalities and beliefs. The Mission to Seafarers HOW to respond to new research on the effects of fatigue on watchkeepers was considered at a recent meeting of the International Maritime Organization (IMO). At the same meeting, IMO’s Standards of Training and Watchkeeping Committee looked at the results of Project Horizon, which analysed the way actual working hours affect seafarers’ performance. It has been argued that the widespread use of fatigue management software that studies working patterns could help seafarers minimise the risk of sleepiness on watch. Speaking at the meeting on behalf of the International Federation of Ship Masters’ Associations (IFSMA), Nautilus senior national secretary Allan Graveson warned that action to combat fatigue was vital if IMO was to succeed in its ambitious aim of halving deaths at sea. T HE main cause of the grounding and capsize of the cruise ship Costa Concordia was “the master’s unconventional behaviour”, according to an Italian Government report submitted to the International Maritime Organization (IMO). The report criticises the decision to take the ship “excessively close” to the Italian coast at the “high speed” of 15.5 knots in unsuitable conditions, using “totally inadequate” charts of 1/100,000 scale rather than 1/50,000. Thirty-two people died in the January 13, 2012 accident, 157 were injured and there was significant environmental damage caused by the ship’s grounding. The master, Francesco Schettino, is due to stand trial in Italy in July on multiple manslaughter charges. Captain Schettino denies the charges and says that without his actions many more people would have died. A report by court- appointed experts accuses him of trying to carry out a night-time sail-past salute to people on the small island of Giglio, where the vessel hit an offshore rock and later went aground and capsized close to the shore. He is also accused of abandoning his post on the vessel while passengers and crew were still on board. IMO’s Marine Safety Committee (MSC) considered the report and Italy’s recommendations for action to be taken, at its meeting in London in June. It adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS) requiring musters of newly embarked passengers prior to or immediately upon departure, instead of “within 24 hours”, as in the current regulations. It also established a working group on passenger-ship safety. The Italian Ministry of Infrastructure and Transport’s 173-page report says the ship capsized as a result of large- scale internal flooding from a 53-metre-long rip in her hull, which opened up five watertight compartments. The report identifies numerous failings and breaches of procedures and concludes that “the human element is the root cause”. It describes a chaotic situation on board and notes that even though the ship was slowly sinking and had lost all power, and was also close to shore in calm seas, abandon ship was not ordered until over an hour after the initial impact. The investigation also highlighted several technical and design shortcomings that resulted in “immediate and irreversible flooding of the ship beyond any manageable level – suffering a blackout and losing propulsion within 50 seconds, and flooding up to the bulkhead deck within 40 minutes”. Italy recommends a long list of technical improvements to cruise ship design but also calls for procedural improvements in bridge management and the compiling of muster lists, as well as a review of the principles of safe manning on large passenger ships. Allan Graveson, of seafarers’ union Nautilus International, said he was concerned that the recommendations focused on the Costa Concordia incident. “We should be looking at possible future incidents and the elements of greatest risk”, he went on, “such as a collision and side-raking damage to which such ships are very vulnerable.” Costa Concordia casualty report blames ship captain Human element the ‘root cause’ of cruise ship sinking that caused 32 deaths in January 2012 Mission backs proposal for levy on ship calls
Transcript
Page 1: The Sea Jul/Aug 13

Issue 224 jul/aug 2013

Los artículos en español aparecen en las páginas 6 y 7

The Sea

Editor: Michael KeatingNews: David Hughes

The Sea is distributed free to seafarers through chaplains and seafarers’ centres. You can also arrange to receive it regularly at a cost of £3.50 or $5 per year (six issues). To find out more, contact:

Michael Keating, The Sea, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London, UK EC4R 2RL

Tel: +44 20 7248 5202

Email: [email protected]

www.missiontoseafarers.org

Seafarers’ support survey page 8

Piracy: don’t drop your guardpage 2

Статьи на русском языке приводятся на стр. 6 и 7

IMO launches paperwork cutting plan

Fatigue study to help reduce incident risk

MLC action steps up page 3

Registered charity in England and Wales: 1123613

The Mission to Seafarers Scotland Limited,Registered charity: SC041938

THE Mission to Seafarers is supporting a call for port levies on ship calls to be used to fund seafarers’ welfare projects.

The Mission welcomed a report published by the International Seafarers’ Welfare and Assistance Network (ISWAN) which shows how levies can make a real difference to welfare organisations and the services they can provide for seafarers, at a time when funding is under intense pressure.

Speaking at an ISWAN seminar in May, the Mission’s

public affairs manager, Ben Bailey, said: “The rates of contribution to local port levies vary widely across our network of seafarers’ centres. The Mission in Saldanha Bay in South Africa attracts a full contribution from a basic port levy per vessel of US$40, and this funds essential transport links and centre maintenance. The seafarers’ centre in Halifax, Nova Scotia on the other hand, only receives a 7 per cent contribution to total running costs from the port levy.”

THE International Maritime Organization (IMO) is working on a plan to cut out unnecessary paperwork in the shipping industry.

The first step is a six-month consultation for seafarers and other industry personnel so they can have their say via an online questionnaire.

IMO secretary-general Koji Sekimizu said: “There has long been a feeling in the industry that there is too much wasted paperwork. This is the start of our efforts to tackle that problem.”

He urged “as many people as possible” to take part in the consultation, which can be found at www.imo.org/OurWork/rab/Pages/default.aspx.

A salvage worker abseils on to the Costa Concordia, which grounded on January 13, 2012 (Photo: Reuters)

Founded in 1856, and entirely funded by voluntary donations, today’s Mission to Seafarers offers emergency assistance, practical support, and a friendly welcome to crews in 260 ports around the world. Whether caring for victims of piracy or providing a lifeline to those stranded in foreign ports, we are there for the globe’s 1.3 million merchant seafarers of all ranks, nationalities and beliefs.

The Mission to Seafarers

HOW to respond to new research on the effects of fatigue on watchkeepers was considered at a recent meeting of the International Maritime Organization (IMO).

At the same meeting, IMO’s Standards of Training and Watchkeeping Committee looked at the results of Project Horizon, which analysed the way actual working hours affect seafarers’ performance.

It has been argued that the widespread use of fatigue management software that studies working patterns could help seafarers minimise the risk of sleepiness on watch.

Speaking at the meeting on behalf of the International Federation of Ship Masters’ Associations (IFSMA), Nautilus senior national secretary Allan Graveson warned that action to combat fatigue was vital if IMO was to succeed in its ambitious aim of halving deaths at sea.

THE main cause of the grounding and capsize of the cruise

ship Costa Concordia was “the master’s unconventional behaviour”, according to an Ital ian Government report submitted to the International Marit ime Organization (IMO).

The report criticises the decision to take the ship “excessively close” to the Italian coast at the “high speed” of 15.5 knots in unsuitable conditions, using “totally inadequate” charts of 1/100,000 scale rather than 1/50,000.

Thirty-two people died in the January 13, 2012 accident, 157 were injured and there was significant environmental damage c a u s e d b y t h e s h i p ’s grounding. The master, Francesco Schettino, is due to stand trial in Italy in July on multiple manslaughter charges.

Captain Schettino denies the charges and says that without his actions many more people would have died. A report by court-appointed experts accuses him of trying to carry out a night-time sail-past salute to people on the small island of Giglio, where the vessel hit an offshore rock and later went aground and capsized close to the shore. He is also accused of abandoning his post on the vessel while passengers and crew were still on board.

IMO’s Marine Safety C o m m i t t e e ( M S C ) considered the report and Italy’s recommendations for action to be taken, at its meeting in London in June. It adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS) requiring musters of newly embarked passengers prior to or immediately upon departure, instead of

“within 24 hours”, as in the current regulations. It also established a working group on passenger-ship safety.

The Italian Ministry of Infrastructure and Transport’s 173-page report says the ship capsized as a result of large-scale internal flooding from a 53-metre-long rip in her hull, which opened up five watertight compartments.

The report identifies numerous fa i l ings and breaches of procedures and concludes that “the human element is the root cause”. It describes a chaotic situation on board and notes that even though the ship was slowly sinking and had lost all power, and was also close to shore in calm seas, abandon ship was not ordered until over an hour after the initial impact.

The investigation also highlighted several technical and design shortcomings that resulted in “immediate and

irreversible flooding of the ship beyond any manageable level – suffering a blackout and losing propulsion within 50 seconds, and flooding up to the bulkhead deck within 40 minutes”.

I t a l y r e c o m m e n d s a long list of technical improvements to cruise ship design but also calls for procedural improvements in bridge management and the compiling of muster lists, as well as a review of the principles of safe manning on large passenger ships.

A l l an Grave son , o f seafarers’ union Nautilus Inte rnat iona l , sa id he was concerned that the recommendations focused on the Costa Concordia incident. “We should be looking at possible future incidents and the elements of greatest risk”, he went on, “such as a collision and side-raking damage to which such ships are very vulnerable.”

Costa Concordia casualty report blames ship captain

Human element the ‘root cause’ of cruise ship sinking that caused 32 deaths in January 2012

Mission backs proposal for levy on ship calls

Page 2: The Sea Jul/Aug 13

2 the sea jul/aug 13

Boost for seafarer charities

Crew finally paid overdue wagesTHE 20-strong crew of the Liberian-flag 319,869 dwt VLCC C Whale have been paid some US$300,000 in overdue wages. The Singapore Maritime Officers’ Union (SMOU) helped recover the money owed to the multinational crew. SMOU’s executive secretary, Mary Liew, said: “I am very glad that we fought for what is rightfully due to the seafarers and that they can finally return home.”

Singapore-based bunker supplier KPI Bridge Oil (KPI) arrested the ship in Singapore, claiming that her Taiwan-based shipowner, Today Makes Tomorrow, (TMT – formerly Taiwan Maritime Transport) owed it $1.3m.

As Somali piracy figures continue to fall, welfare and security groups issue warning to owners and seafarers:

Don’t drop your guard

SHIPPING has been warned not to drop its guard in Somali waters,

by the International Maritime Bureau (IMB) despite the pirates’ almost total lack of success recently. By mid-June just one large commercial vessel remained in the hands of Somali pirates, together with two small wooden cargo vessels (dhows) and two fishing vessels.

On May 1 the release was confirmed of six seafarers taken from the small Danish-flag cargoship MV Leopard in January 2011 and held ashore for two years and four months in poor conditions.

The Mission to Seafarers had raised awareness of the crew’s plight by petitioning the Ministry of Foreign Affairs in Denmark to hasten their release. The Mission also included the harrowing story as part of its piracy DVD, which it used to highlight the horrors of modern-day piracy to the general public.

The Mission’s Secretary General, the Revd Andrew Wright said: “We welcome the release of the seafarers from MV Leopard, however, whilst

rejoicing in their reunion into society, we continue to remember and campaign for the seafarers who continue to be held. The recent efforts by the international community have reduced the number of attacks off the coast of Somalia; however, that effort must be maintained if the problem is to be eradicated altogether.”

He added that the Mission called on “all those engaged in securing the release of hostages, to continue their work so that they may be reunited with their loved ones as quickly as possible”.

As of late June, 71 seafarers were being held, 11 of them ashore in Somalia, according to the IMB.

The IMB’s latest Quarterly Report on Piracy and Armed Robbery against Ships recorded 66 incidents worldwide in the first three months of 2013. This was down markedly from the 102 incidents reported for the corresponding period in 2012.

IMB director Pottengal M u k u n d a n w a r n e d : “Although the number of acts of piracy reported in Somalia

has significantly decreased, there can be no room for complacency.” He added that attacks would rise to past levels if the naval presence was reduced or vessels relaxed their vigilance.

In the same vein, the operation commander of the EU Naval Force (EU NAVFOR), Rear Admiral Bob Tarrant, issued a renewed warning that Somali pirates were still determined to get out to sea and, if presented with an easy target, would attack.

He sa id: “ I am very concerned that seafarers and nations will lower their guard and support for counter-piracy operations in the belief that the piracy threat is over. It is not; it is merely contained. We should remember that at its height in January 2011, 32 ships were pirated by Somali pirates and 736 hostages were held. It is crucial that we remain vigilant or the number of attacks will once again rise.”

In early June pirates hijacked a dhow in the Gulf of Aden. Dhows have often been used as mother- ships to mount attacks on merchant

ships far out to sea. In this case however, two warships, Sweden’s HSwMS Carlskrona and the Netherlands’ HNLMS Van Speijk, arrived quickly on the scene. The pirates forced the master to sail close to the Somali coast and fled ashore.

Speaking about the incident, Admiral Tarrant said: “What is important is that 14 Indian sailors are now safe and able to return to their families, after what must have been a terrifying ordeal. This latest attack once again shows that the threat from piracy is real. We must all remain vigilant.”

Meanwhile, maritime security companies have questioned whether reports of a slump in attacks off Somalia are reliable. The Security Association for the Maritime Industry (SAMI) said it was disturbed at the level of piracy reporting globally, especially in the Indian Ocean High Risk Area. SAMI warned that shipowners were increasingly hesitant to report attacks, while there were “complex problems in verifying incidents as piracy incidents”.

FOUR charities which support seafarers and their families are set to benefit from the first ever London International Shipping Week (LISW), taking place this September.

Money raised during the shipping industry showcase will go to The Mission to Seafarers, the Apostleship of the Sea, the Sailors’ Society and Seafarers UK.

After his escape, an Indian seafarer speaks with a crew member from HSwMS Carlskrona (Photo: EU NAVFOR)

Container fall deathFOLLOWING its investigation into the death of a barge master while storing the products tanker British Beech in Brisbane, Australia on December 15, 2011, the Australian Transport Safety Bureau (ATSB) has warned that lifting operations, even when they are routine, involve inherent risks.

It stresses that “established procedures must be followed, reinforced and audited to ensure vigilance is maintained and complacency avoided”.

The ATSB warns: “The basic precaution of standing well clear of suspended loads must always be taken.”

In this case, a container came free of its slings during its return from the ship to the barge. It fell to the barge below, striking the master of the barge, who died from his injuries. The ATSB found that the container had not been properly rigged on board the ship and the crew had not warned the barge crew of its return.

The ship’s crew did not view the operation as dangerous and had, over time, removed identified safety barriers, which might have prevented the accident. Compliance auditing processes had not identified and minimised such violations of the shipping company’s procedures.

Common language needed in emergencyCREW members using their native language during an emergency on ships with a multinational crew is a breakdown in communication that can seriously hinder any response, according to a report into the June 2010 grounding of the bulk carrier Hanjin Bombay at Mount Maunganui, New Zealand.

The country’s Transport Accident Investigation Commission also warned that crews must have a thorough knowledge of their vessel’s operating systems if they are to deal effectively with unusual situations.

It also said the concept of crew resource management must extend to all operational areas on a vessel and that there must be a common understanding of the voyage plan and good communication between bridge and engine room.

TWO new Admiralty Maritime Security Charts covering the waters around India and southeast Asia, including the Malacca Straits, complete what is described as the world’s first suite of security charts.

The United Kingdom Hydrographic Office (UKHO) says the paper charts provide a single point of reference for recording the most up-to-date security information and, taken together with the UKHO’s three existing security and piracy charts, create the world’s first suite of security planning charts.

The charts are designed to be used by ship’s officers, shore-based managers and security specialists for voyage planning.

As well as piracy, the charts also cover other security threats, including armed robbery: embargoes; exclusion zones; illegal fishing; and smuggling, as well as routeing and reporting requirements put in place by military or security forces.

The charts can be accessed for free through the UKHO’s Security Related Information to Mariners service.

New piracy threat maps released to protect ships’ treasure

New bulk cargo safety guide for officers and agentsA NEW pocket guide and checklist for ship’s officers and agents who arrange cargoes for loading is now available.

Carrying Solid Bulk Cargoes Safely: Guidance for Crews on the International Maritime Solid Bulk Cargoes Code comes in a laminated flip-over format for on-the-spot use and has been jointly produced by insurer UK P&I Club, classification society Lloyd’s Register and the bulk carrier owners’ group, Intercargo.

It outlines the precautions to be taken before accepting solid bulk cargoes for shipment, procedures for safe loading and carriage, and the primary hazards associated with different types of cargoes. A quick reference checklist and flowchart summarise the steps to be followed.

Further information is available at www.ukpandi.com/loss-prevention/checklists

The charts can be used by crews, managers and security teams as a planning tool (Photo: Admiralty)

Page 3: The Sea Jul/Aug 13

jul/aug 13 the sea 3

Fatal air-con system accident

The Maritime Labour Convention, designed to protect seafarers’ welfare, takes effect from August 20

Shipping prepares to welcome the MLC

2013 port strikes ‘extremely damaging’

THE Maritime Labour Convention (MLC) comes into force on

August 20, marking the start of a new era in the way seafarers’ living and working conditions are regulated. Full global port state control (PSC) enforcement of the Convention is unlikely to begin before August 2014 but some aspects, and in particular seafarers’ working hours, are likely to be checked by PSC inspectors as soon as the MLC is in force.

The MLC was agreed by the International Labour Organization (ILO) in 2006 and aims to achieve both

decent working conditions for seafarers and fair competition among shipowners. The new labour standard consolidates and updates more than 68 international labour standards related to the maritime sector that have been adopted over the last 80 years.

The Convention sets out seafarers’ rights to decent conditions of work and aims to be globally applicable, easily understandable, readily up-datable and uniformly enforced.

T h e I n t e r n a t i o n a l Chamber of Shipping (ICS) has welcomed the imminent entry into force of the

MLC and has stressed the importance of shipping companies being ready to demonstrate compliance.

However, it warns that the smooth implementation of the MLC may be hampered by the large number of nations that have still yet to ratify the Convention, as well as by the lack of guidance from some flag states on detailed national provisions.

At its annual meeting in June, the ICS noted the importance of ships being able to demonstrate full compliance with International Maritime Organization/ILO hours of work regulations,

including the maintenance of individual records. The shipowners’ body is issuing further guidance to i ts members on preparations for PSC enforcement, in addition to that already contained in its widely used ISF Guidelines on the Application of the ILO MLC.

The Revd Canon Ken Peters, director of justice and welfare at The Mission to Seafarers, said: “The MLC’s entry into force means that an equal system of justice for everyone – from the first-time seafarer to the experienced shipowner – is in place for the first time.”

THE early months of 2013 were marked by “extremely damaging labour strike action” in several countries, according to specialist delay insurer, The Strike Club.

The club says some of the worst trouble spots recently have been in South America and particularly in Chile, where a three-week strike hit the country’s key ports, preventing exports of copper.

The club’s managers also reported higher levels of shore-related claims from a wide range of incidents, including general strikes, port strikes and strikes by land transport opera-tors, customs and pilots. Port closures, blockades by fishermen, physi-cal obstructions and mechanical equipment breakdowns also had a significant impact.

However, the club’s ship-related business re-ceived fewer claims from causes such as collision, grounding, machinery damage, crew strikes, piracy and pollution.

AN ENGINEER on board the Liberia-flag bulk carrier Nireas was fatally injured after being struck by flying debris when the obser-vation window glass of a main air receiver drainage pot exploded on March 20 this year.

The engineer was carrying out the routine task of drain-ing water from the pressurised air receiver, while the ship was at anchor off the Australi-an port of Gladstone.

The Australian Transport Safety Bu-reau (ATSB) is investi-gating and has issued a preliminary report but says not all of the fac-tors which contributed to the accident have yet been established.

All six similar drain-age pot observation window glasses on board the Nireas have been removed until ship’s classification society Lloyd’s Reg-ister (LR) verifies the design. The ATSB has contacted the ship’s managers, the ship-builder, LR, Liberia and the Australian Mari-time Safety Authority and asked that the owners and operators of any ships fitted with similar systems be advised of this accident and suggested that appropriate safety action should be taken by them to prevent similar accidents.

Rescue boat drill ends in fatality and injurySEAFARERS’ union Nautilus has expressed concern following a report into the death of a seafarer and the injury of a chief officer during a rescue boat drill on the Danish-flag container-ship Anna Maersk.

The two men fell 18 metres into the water at Kobe, Japan, in March 2012. A Danish investi-gation has found that a split pin in the shackle of a swivel between the wire and the off-load hook had sheared off, allowing the fork end shackle pin to move out of one of the fork ends.

The report criticises the rescue boat hoisting and lowering arrange-ments, saying that there had not been “sufficient focus on the safety-crit-ical nature of the equip-ment”. Nautilus senior national secretary Allan Graveson said the union had argued for many years that during drills boats should be lowered and raised with nobody in them.

Wreck costs becoming more expensiveTHE cost of dealing with wrecks is rising, according to a new report by Lloyd’s of London. The Challeng-es and Implications of Removing Shipwrecks in the 21st Century warns that the cost of deal-ing with shipwrecks is spiralling and the increase in removal costs is often passed to insurers, reinsurers and shipowners.

Recent examples of expensive removals in-clude the containership Rena, which sank off New Zealand in 2011. So far that removal has cost US$240m. Mean-while, the highly com-plex work to take away the ill-fated cruise ship Costa Concordia is now under way.

Lloyd’s says that the total cost of the top 20 most expensive wreck removals in the past decade is $2.1bn and rising.

The report shows how increasing vessel sizes and growing cargo volumes are driving up wreck removal costs. In the 1990s a large container vessel carried 5,000 teu. Today, the largest containership has a capacity of 16,000 teu.

Free-fall lifeboat safety ‘could be improved’

FREE-FALL lifeboat safety could be improved by transferring offshore design practices to ships, says the Norwegian-based classification society, DNV.

The shortcomings of existing free-fall designs were revealed in 2005 after a number of incidents related to structural safety, human loads and headway. Following these incidents, an offshore industry project was set up by the Norwegian Oil and Gas

Association, and DNV was asked to develop a new standard for the design of free-fall lifeboats.

The project found that International Maritime Organization requirements, to which the boats were built, were based on lifeboat performance during test launches into calm waters and from heights significantly less than those encountered on the Norwegian Continental Shelf. With larger waves and drop heights, the lifeboats were

exposed to greater loads and damage, explaining the shortcomings revealed in 2005.

The resulting new DNV-OS-E406 standard was launched in 2009 and revised in 2010. Based on modern limit-state design methodology, rather than test performance, the standard was taken up by the Norwegian offshore industry. Lifeboats for installations on the Norwegian Continental Shelf are now being built according to the DNV standard and new regulations enforcing these higher standards are expected to come into force in 2015.

The standard is now being revised to include new calculation methods to estimate extreme loads in an even more robust way.

DNV says its standard can easily be transferred to apply to free-fall lifeboats on board ships.

DNV’s Olav Rognebakke said: “If the shipping industry decides to implement our standard, I believe maritime lifeboat safety will be taken an important step further.”

A free-fall lifeboat lands in the sea after a drill (Photo: Herkules PR)

SHIPOWNERS and seafarers’ unions have joined forces to express concern at flag states’ failure to submit maritime casua l ty repor t s under international Conventions.

T h e I n t e r n a t i o n a l Chamber of Shipping (ICS), which represents 80 per cent of the world merchant fleet, and the International Transport Workers’ Federation (ITF) , which represents seafarers’ unions worldwide, have made a joint submission

to the International Maritime Organization (IMO) on the “apparent failure of some flag states to submit maritime casualty reports to IMO”. Sending such reports to IMO is a requirement under several internat ional mar i t ime Conventions, including the Safety of Life at Sea Convention (SOLAS).

“The lack of investigation a n d a c c i d e n t r e p o r t s hinders the development of appropriate measures by IMO

to address the cause of serious incidents in which seafarers may have lost their lives,” said ITF acting general secretary, Stephen Cotton.

ICS secretary general Peter Hinchliffe said: “It frustrates efforts by ship operators to learn from the reports and to amend or develop new procedures, or implement other measures to prevent or mitigate similar future incidents.”

The ICS and the ITF want

IMO to rethink the flexibility flag states currently have when deciding whether to send the results of any investigation to IMO.

The two bodies have suggested that, as a first step, lessons might be learned from the approach taken by the aviation industry towards the submission and dissemination of accident reports, and that IMO should consult the International Civil Aviation Organization.

Unions express concern at lack of casualty reporting

The Secretary General of The Mission to Seafarers, the Revd Andrew Wright, on a ship visit (Photo: Adam Hollingworth)

Page 4: The Sea Jul/Aug 13

4 the sea jul/aug 13

NEWS MICHAEL GREY

New warning on enclosed space entry

BEN BAILEY

Mission launches new survey for seafarers

Easy to make crews criminalsAs the environmental laws surrounding shipping continue to tighten, it can be difficult to balance keeping your boss happy and meeting pollution targets, warns Michael Grey

The services of The Mission to Seafarers are available to any seafarer, regardless of their

nationality, rank, faith or circum-stance. That’s the message from the newly-appointed Secretary General, and as the Revd Andrew Wright takes the helm of the 157-year-old charity, he’s committed to listening to seafarers to ensure that the ser-vices the Mission provides in over 260 ports are relevant and required.

“Seafarers will always remain at the heart of what we do. That’s why it’s so important to listen to them and gear our services towards their needs.”

Andrew was appointed the in-ternational leader of the Mission in February 2013.

“My previous employment with the Fishermen’s Mission gave me a good understanding of the type of work done by the wider maritime charities,” he says. In that role I spent a lot of time working in partnership with people from the Mission to seafarers, and so I knew what I was letting myself in for when I took the job.”

Andrew has been working in the maritime charity sector for six years. Prior to that, he was chap-lain, head of religious studies and a

housemaster at a school in Oxford. “I’ve had a very interesting ca-

reer in ministry, and I’ve been very fortunate in the places I’ve worked, says Andrew. “Since being ordained in 1983 my work has been very diverse – in parishes, including one of the UK’s most deprived estates, in school and in maritime ministry.

“When I left the school, I was looking at many different oppor-tunities, but it was the chance to work with a largely forgotten group of people that excited me. Seafar-ers and fishermen no longer enjoy a high profile within the UK and people are largely unaware of the challenges they face and the role that they play.

“I wanted something which would be stimulating and allow me to effect some real change in people’s lives. I’ve always enjoyed sailing for leisure, and my youngest daughter is actually a seafarer, so I was only too aware of the dangers of the ocean and how difficult life at sea can be. It is a privilege to have been appointed as Secretary General and I am proud to be part of a Mission, and to be working with a team that has a long history of life-changing assistance to the seafaring community.

Andrew grew up in a church en-vironment and says that he always had a faith which, over time, devel-oped significantly and led him to where he is today. It’s the Mission’s practical approach to Christianity which, he says, makes it particular-ly worthy of support

“The message of our work is really very simple,” says Andrew. “We are a Christian organisation and we do what we do because the need for crew welfare and support is great. Our approach is not about converting people or forcing them to believe. It’s one of service, of extending a helping hand to the seafarer who has nowhere else to turn. It’s what I like to call ‘Christi-anity with its sleeves rolled up’.”

Working from the Mission’s international headquarters in Lon-don, Andrew leads a team who are responsible for a range of functions from managing the port chaplains to raising funds to continue to the work. In the current economic climate, that’s not an easy task.

“We have an enormous num-ber of challenges facing us,” says Andrew. “Not least, to raise enough money to sustain what we cur-rently provide. However, if we are to remain a modern organisation,

The Mission has started a survey to help improve its services for crews. Ben Bailey talks to Andrew Wright to find out more

How do you know that your brand new, ‘state of the art’ ballast water

treatment water system is working properly? Is it boiling, frying, electrocuting, filtering, de-oxygenating, or chlorin-ating the ‘alien’ species and pathogens which might have been taken aboard in the last port? It may have been fitted correctly, as per the manu-facturer’s instructions, and the chief engineer may have ensured that his staff entirely understands the operating manual, but can you be sure it is working properly?

It seems to be whirring along nicely. No visible or audible alarms have shown or sounded, but can you really be sure? Only when the port state control (environmental) comes down to dip the tanks can the effectiveness of the equip-ment be ascertained. Even so, it will take some time to find out the result, so you can’t be sure just yet, but after the next visit your ship makes to that port, there may be a stern-faced official waiting to arrest your ship and even charge the master and chief engineer with

criminal offences if the quality of the ballast as revealed in the laboratory tests failed to meet the local criteria. Huge fines and even worse may result. Then you’ll be sure.

The Ballast Water Conven-tion is just one of a growing number of environmental regulations which are impor-tant and well intentioned, but which leave those on the frontline of shipping exposed. These regulations are designed to fulfil an obvious need – stopping foreign species being spread around the world – but they were agreed before any equipment that might do the job was on the market.

So it was up to manufactur-ers, engineers and scientists to design and build the necessary equipment, which was no sim-ple matter, as there has been a lot of disagreement about what an acceptable measure of effec-tiveness could be. This debate is ongoing, but meanwhile the people who find them-selves responsible for this new equipment are the crews on board. They can do their best, but if they are unable to meas-ure the effectiveness of their

tools, they can find themselves exposed, and liable to civil and criminal charges, often in difficult ports where officials actively look for trouble.

Atmospheric emissions are another area where mas-ters and engineer officers can find themselves in serious trouble, especially if the fuel they are burning falls short of increasingly tight sulphur regulations. The port state inspectors in places where there are Emission Control Areas may primarily be looking at the specifications of the fuel as illustrated in the Bunker Delivery Notes, but it isn’t uncommon for the fuel that is being delivered to be different from that specified. If the fuel laboratories suggest that this is the case, criminal charges may follow for the seafarers involved.

Even if the owner has opted to fit exhaust gas scrubbers, these too are largely untried in service. If they are not scrub-bing correctly and excessive emissions are detected…there are no prizes for guessing who will face the high jump. The years of problems there have

AN ALARMING “tick-box” attitude towards enclosed space entry safety procedures is becoming more frequent, according to the specialist shipping industry insurer, The London P&I Club. The club says its ship inspection programme is finding more problems related to enclosed space entry on ships and adds that, despite a global acceptance of industry standard procedures, incidents continue to occur.

The failings often relate to closed space entry permit to work (PTW) procedures. The club says that “even when fully completed PTW forms are presented,

inspectors are repeatedly presented with: completed single PTWs which purport to cover entry into multiple enclosed spaces; checklists fully completed and signed off by the responsible officer and master, but the required safety equipment is not actually in place; no evident consideration of how a rescue would be undertaken from the space in the event of an emergency; no provision for continuous monitoring of the atmosphere of the space; oxygen/gas detection equipment presented in either a dubious condition or without proper evidence of calibration to statutory

requirements.”The club also says that “an

alarming trend of tick-box culture has been detected in routine ship inspections. The importance of proper consideration of the steps which are required for an entry permit to be granted should not be overlooked.”

Recent safety research has shown that 73 per cent of enclosed space deaths occurred on vessels other than tankers and that training on other ship types needed to be brought to tanker standard, with mandatory pre-entry drills that include oxygen meters.

Severe human rights abuses allegedA NEW report alleges that severe human rights abuses, associated with human trafficking, have been taking place in Thailand’s fishing industry and says that Burmese workers as young as 16 have been forced on to fishing vessels for many months and subjected to arduous, often violent, working conditions without pay.

The Environmental Justice Federation (EJF) launched its report, Sold to the Sea: Human Trafficking in Thailand’s Fishing Industry, at a press conference in Madrid, Spain, in June.

The report details allegations

of crew being murdered both at sea and on shore and also quotes from a 2009 survey by the United Nations Inter-Agency Project on Human Trafficking (UNIAP) which found that 59 per cent of interviewed migrants trafficked via Thai fishing boats had witnessed the murder of a fellow worker.

T h e p r e s i d e n t o f t h e European Transport Workers’ Federation’s fisheries section said: “The ratif ication by the (Spanish) Government of the International Labour Organization’s Work in Fishing Convention No 188 would

provide an effective tool to combat human trafficking, forced labour in the sector and illegal fishing.”

Liz Blackshaw, programme leader for the joint International Transport Workers’ Federation/International Union of Food Workers’ From Catcher to Counter initiative, added: “In lifting the lid on what is happening in Thailand this new report also helps expose what is happening to fishers worldwide, and the desperate need for more countries to ratify Convention 188 and act to prevent these terrible ongoing abuses.”

Anger over Swanland lossTHE dry cargoship, the Cook Islands-flag Swanland, sank on November 27, 2011, after only 17 minutes, following the catastrophic failure of the midships section of her hull, according to a UK Marine Investigation Branch (MAIB) report. Only two of the vessel’s eight Russian crew survived.

The report lists a catalogue of failures and omissions by those involved in her operation, and a large number of recommendations.

It states that the catastrophic failure of the hull was almost certainly due to compressive forces induced by a combination of the uneven distribution of the vessel’s limestone cargo and the rough to very rough seas experienced.

It notes that the limestone cargo was a high density one which had been loaded in,

effectively, a single pile towards the centre of the hold. Insufficient loading guidance was held on board and the way the cargo was distributed in the hold was not best practice.

Although the 34-year-old vessel continued to comply with the rules of her classification society, the MAIB found that “there had been a lack of focus during the vessel’s final surveys and a lack of investment in maintenance”.

Among a number of other serious issues the report noted: “It is likely that many of the crew did not survive because the vessel sank so quickly. However, it is possible that a few did not survive because an effective muster was not carried out and some of the lifesaving equipment carried on board might not have functioned as intended.”

Big box ship breaks in two – crew survive

THE 26 crew members of the 7,041 teu containership MOL Comfort abandoned ship safely on June 17 as the vessel began to break in two in the Indian Ocean. She was about 350 miles east of Socotra Island, while on passage from Singapore to Jeddah.

The ship’s operator, Mitsui OSK Lines (MOL), said that the 14 Filipinos, 11 Russians and one Ukrainian took to the lifeboats and were rescued by a vessel in the area.

Soon after the crew got off, the vessel split in two amidships but both sections remained

afloat. MOL said that a salvage operation had been put in place to take the two sections in tow.

T h e m a j o r J a p a n e s e shipowning group added that it had started investigating the cause of the incident jointly with the vessel’s shipbuilder, Mitsubishi Heavy Industries.

The MOL Comfort split in two in strong winds in the Indian Ocean in June (Photo: IANS)

Page 5: The Sea Jul/Aug 13

jul/aug 13 the sea 5

Mission launches new survey for seafarers

Easy to make crews criminalsAs the environmental laws surrounding shipping continue to tighten, it can be difficult to balance keeping your boss happy and meeting pollution targets, warns Michael Grey

Andrew grew up in a church en-vironment and says that he always had a faith which, over time, devel-oped significantly and led him to where he is today. It’s the Mission’s practical approach to Christianity which, he says, makes it particular-ly worthy of support

“The message of our work is really very simple,” says Andrew. “We are a Christian organisation and we do what we do because the need for crew welfare and support is great. Our approach is not about converting people or forcing them to believe. It’s one of service, of extending a helping hand to the seafarer who has nowhere else to turn. It’s what I like to call ‘Christi-anity with its sleeves rolled up’.”

Working from the Mission’s international headquarters in Lon-don, Andrew leads a team who are responsible for a range of functions from managing the port chaplains to raising funds to continue to the work. In the current economic climate, that’s not an easy task.

“We have an enormous num-ber of challenges facing us,” says Andrew. “Not least, to raise enough money to sustain what we cur-rently provide. However, if we are to remain a modern organisation,

then we need to be looking out for the next areas where services might be relevant.

“In June, the Mission sent out a questionnaire to the shipping in-dustry, asking key players to tell us where we should be operating over the next ten years. Shipping is cy-clical, and we have always opened in ports where the need is greatest,

so we’re keen to get it right.”But as well as listening to shore-

based management, Andrew and the Mission want to hear from readers of the Sea.

“The Mission to Seafarers exists because there is a very real need which we seek to address,” says Andrew. “That’s why I want to en-courage seafarers to take part in our

survey on welfare, so we can better understand their way of life and create exciting services which are relevant to them and their family’s needs.”

Starting in this issue of the Sea, the Mission has printed a survey which has 19 questions for crews to complete. The survey is entirely anonymous and the data cannot

be traced back to the seafarer who completes it, nor will it be given to any employer. It’s simply to give the Mission a picture of a life at sea, and to understand the world’s crews.

“A seafarer may either give the form to a port chaplain or can complete the survey online,” says Andrew. “This welfare survey is very important to us. The Mission has always been focused on the needs of the crews, and the data contained within this survey will help us continue to do just that.”

How to complete the survey:

• You’ll find the survey on page 8 of this issue of the Sea.

• When you’ve completed it, tear out the page and give it to the local Mission to Seafarers’ chaplain.

• Alternatively, if you want to preserve your copy of the Sea, com-plete the survey online at: www.missiontoseafarers.org/survey

The survey is open to all seafarers and will close in December 2013.

The Mission has started a survey to help improve its services for crews. Ben Bailey talks to Andrew Wright to find out more

The Revd Andrew Wright on board during a ship visit. (Photo: Adam Hollingworth)

tools, they can find themselves exposed, and liable to civil and criminal charges, often in difficult ports where officials actively look for trouble.

Atmospheric emissions are another area where mas-ters and engineer officers can find themselves in serious trouble, especially if the fuel they are burning falls short of increasingly tight sulphur regulations. The port state inspectors in places where there are Emission Control Areas may primarily be looking at the specifications of the fuel as illustrated in the Bunker Delivery Notes, but it isn’t uncommon for the fuel that is being delivered to be different from that specified. If the fuel laboratories suggest that this is the case, criminal charges may follow for the seafarers involved.

Even if the owner has opted to fit exhaust gas scrubbers, these too are largely untried in service. If they are not scrub-bing correctly and excessive emissions are detected…there are no prizes for guessing who will face the high jump. The years of problems there have

been over earlier generations of oily water separators which provided questionable perfor-mance ought to give everyone a warning about the effects of

tighter environmental regu-lations upon those who will be most vulnerable – those on board.

It may be an honest mis-

take, but in some parts of the world, the fact that untested equipment is not working correctly will not save those aboard ship from the charg-

es they will face. It may be manifestly unjust, with ships arrested and masters fined on what would appear to be very doubtful evidence, but environmental crime carries a special label these days, as people who have been hauled into court on pollution charges will testify.

But environmental issues aren’t the only potential legal high risk areas for seafarers. There are some very dubious criminal charges being laid against people whose ships have been found with drugs on board, regardless of whether the drugs can be connected to anyone on board. In some countries, the master is auto-matically responsible and will face criminal charges, with the ship being forfeit. UK newspa-pers recently carried a picture of a “torpedo” of narcotics which had been recovered from a ship after a deep-sea passage. The “torpedo” was a cylinder had been clamped to the vessel’s bilge keel by divers working for a South American cartel. The reports, going for shock value, failed to indicate how prevalent this is and

how difficult it is for innocent seafarers to defend themselves in these situations, which have recently led to them facing terrible charges.

Captain John Dickie, Sec-retary General of the Inter-national Federation of Ship Masters’Associations (IFSMA), points out that there appear to be a large number of national laws which will hold the mas-ter of a ship criminally liable for anything that has occurred in connection with the vessel and that in such jurisdic-tions, masters will be found automatically guilty. There are, he points out, a growing number of such cases, which is a concern, as more officers are beginning to ask whether it is worth aspiring to be a ship’s master, or chief engineer, when the risks of exposure to criminal charges around the world seem to be constantly increasing. Captain Dickie encourages masters and officers to obtain professional indem-nity insurance, as the cost of defending themselves against such charges can be ruinous. It is probably not why these officers opted for a sea career.

Seafarers can face heavy penalties for breaking environmental rules (Photo: Jamie Smith)

Page 6: The Sea Jul/Aug 13

6 the sea jul/aug 13

JUSTICE MATTERS BY DOUGLAS STEVENSON

Maritime environmental prosecutions in the USAIN SEVERAL recent highly publicised cases in the United States (USA) seafarers and shipping companies have been convicted of marine environmental crimes. Seafarers have been punished with fines and jail time, while shipping companies have been given multi-million dollar fines and barred from trading in the USA. Despite the publicity, the rules continue to be broken and such cases continue to be prosecuted in the USA.

The International Convention for the Prevention of Pollution from Ships (MARPOL), which has been ratified by virtually all maritime nations, requires ships to process oily waste water to prevent them from discharging oil into the sea. Ships must also properly record discharges in an Oil Record Book. The criminal prosecutions in the USA usually involve intentional discharges of oil by someone on the vessel, but ironically, because of jurisdictional issues, many of the convictions have not been for polluting the oceans, but rather for attempting to cover up the discharges through false record book entries.

The USA places a high value on protecting the environment and environmental crimes are vigorously prosecuted there. While seafarers may give a variety of reasons for violating MARPOL, such as saving time, saving money for the company,

or saving their job (because of an order from a superior), violations usually have the opposite effect. Prosecutions lead to lengthy legal procedures, large fines for the company and seafarers and possible jail terms. The consequences for violating MARPOL as well as the chances of getting caught are increasingly high in the USA.

Most MARPOL enforcement cases in the USA begin with a Coast Guard boarding. The Coast Guard boards merchant vessels for many reasons, ranging from inspecting vessels suspected of breaking the law to conducting routine checks on the vessel’s operational condition and compliance with international safety and environmental protection standards. Some inspections are made in response to tips provided by informants hoping to receive rewards, something which is possible under law in the USA, for providing information to authorities that lead to a conviction.

It is very important for seafarers to be truthful to Coast Guard inspectors – and this advice also applies to informants. Most MARPOL convictions are for lying to the Coast Guard or presenting falsified record books – not for the actual discharging of oil into the sea. Informants who provide false information to the Coast Guard are also subject to criminal prosecution.

In the USA, the law has protections against self-incrimination. This means that a person does not have to answer questions or provide any information that could be incriminating to him or her. They don’t have the right to refuse to answer questions that might incriminate someone else, however. Persons who are unsure if they have committed a crime should get the advice of a lawyer before speaking to United States authorities.

If the Coast Guard discovers sufficient evidence of a crime, they will refer the case to the US Department of Justice to decide whether to initiate a criminal prosecution. In order to complete their investigation, the Coast Guard and the US Department of Justice will normally need to have seafarers remain in the USA either as suspects or as witnesses, which may require them to stay for an extended period of time. In most cases, the shipowner will be required to provide detained seafarers with lodging, food, and wages during this time.

More information on the importance of protecting the marine environment, pollution laws, and the consequences of violating environmental laws in the USA can be found at http://enviroguides.us/

Juicios medioambientales en EE UU y MARPOLEN LOS últimos tiempos han salido a la luz varios casos destacados en Estados Unidos en los que marinos y compañías navieras han sufrido condenas por delitos contra el medio ambiente marino. Los marinos han sido castigados con multas y tiempo en prisión, mientras que las navieras han recibido penalizaciones económicas multimillonarias y la prohibición de realizar actividades comerciales en EE UU. A pesar de la publicidad, este tipo de casos se siguen sucediendo en EE UU.

El Convenio Internacional para Prevenir la Contaminación por los Buques (MARPOL), que ha sido ratificado por prácticamente todas las naciones marítimas, exige a los buques que procesen las aguas que contengan residuos oleosos para evitar el vertido de este tipo de sustancias en el mar. Los buques también deben hacer constar oportunamente los vertidos en un Libro de Registro de Aceites. Los procesos penales en EE UU normalmente se producen cuando alguien en el navío vierte sustancias oleosas de manera intencionada. Resulta irónico, sin embargo, que debido a problemas jurisdiccionales, muchas de las condenas no han sido por contaminar los océanos sino por intentar ocultar los vertidos haciendo anotaciones falsas en el libro de registro.

EE UU concede gran importancia a la protección del medio ambiente y los delitos medioambientales se castigan allí con dureza. Aunque los marinos pueden alegar diversas razones para justificar el incumplimiento del Convenio MARPOL,

como ahorrar tiempo o dinero a la empresa, o proteger su puesto de trabajo (debido a una orden recibida de un superior), las infracciones normalmente tienen el efecto contrario. Las condenas llevan a la incoación de largos procesos penales, importantes penalizaciones económicas a la empresa y a los marinos, y posibles penas de privación de libertad. Las consecuencias del incumplimiento del Convenio MARPOL, así como las posibilidades de ser descubierto haciéndolo, son cada más mayores en EE UU.

En EE UU la mayoría de procesos penales MARPOL comienza con un abordaje del Servicio de Guardacostas. El Servicio de Guardacostas aborda buques mercantes por diversos motivos que incluyen desde la inspección de navíos sospechosos de infringir la ley a comprobaciones rutinarias de las condiciones de funcionamiento del navío y cumplimiento de las normativas internacionales de seguridad y protección medioambiental. Algunas de las inspecciones se realizan en respuesta a soplos de informantes que esperan recibir una recompensa – algo que la legislación estadounidense permite – por facilitar a las autoridades información que conduzca a una condena.

Para los marinos es muy importante decir siempre la verdad a los inspectores del Servicio de Guardacostas, y este mismo consejo es válido para los informantes. La mayoría de las condenas MARPOL en los EE UU se producen por mentir al Servicio de Guardacostas o presentar libros de registro falsificados,

no por el acto propiamente dicho de verter residuos oleosos en el mar. Los informantes que facilitan información falsa al Servicio de Guardacostas también son objeto de acciones penales.

En EE UU la legislación prevé garantías frente a la autoincriminación. Esto significa que un individuo no tiene que responder preguntas ni facilitar información que pueda incriminarle. Sin embargo, no tiene derecho a negarse a responder preguntas que puedan incriminar a terceros. Aquellas personas que no estén seguras de haber cometido un delito deberán consultar a un abogado antes de ponerse en contacto con las autoridades estadounidenses.

Si el Servicio de Guardacostas descubre suficientes indicios de delito, transferirá el caso al Ministerio de Justicia estadounidense, que será el que decida si se deberá incoar un proceso penal. Para poder completar la investigación, el Servicio de Guardacostas y el Ministerio de Justicia normalmente necesitan que los marinos permanezcan en EE UU en calidad de presuntos autores o testigos, lo cual puede suponer una estancia prolongada para ellos. En la mayoría de los casos se exigirá que el armador facilite a los marinos alojamiento, comidas y salario durante el tiempo que permanezcan detenidos.

En http://enviroguides.us/ se puede encontrar información adicional sobre la importancia de proteger el medio ambiente marino, las leyes contra la contaminación y las consecuencias de infringir la legislación medioambiental en EE UU.

Судебное преследование экологических преступлений в СШАВ последнее время в США имело место несколько в высшей степени резонансных судебных процессов, в рамках которых моряки и компании по морским перевозкам обвинялись в совершении преступлений против морской окружающей среды. Моряков наказывали в форме штрафов и тюремного заключения, в то время как на морские компании налагались взыскания в размере нескольких миллионов долларов и запреты на торговую деятельность в США. Несмотря на публичное рассмотрение таких дел, подобные преступления по-прежнему имеют место на территории США.

Согласно Международной конвенции по предотвращению загрязнения с судов (МАРПОЛ), ратифицированной практически всеми морскими государствами, морские суда обязаны проводить переработку нефтезагрязненных промстоков во избежание их попадания в море. Кроме того, морские суда должны надлежащим образом регистрировать выбросы в журнале учета нефтяных операций. Уголовные процессы, проводимые в США, обычно связаны с намеренными выбросами нефтяных отходов, проводимыми кем-либо из находящихся на судне, однако, как ни странно, по ряду причин юридического характера, во

многих случаях обвинения выносились не за сам факт загрязнения океана, а за попытку скрыть этот факт, подделывая записи в журнале учета нефтяных операций.

В США уделяется большое внимание защите окружающей среды, поэтому экологические преступления здесь строго наказуемы. Несмотря на то что моряки могут назвать множество причин, вынудивших их нарушить положения МАРПОЛ, например, стремление сэкономить время или деньги компании или же избежать увольнения (следуя приказам вышестоящего члена экипажа), их нарушения обычно имеют обратный эффект. Судебные процессы — это длительные юридические процедуры, крупные штрафы для компании и моряков, а иногда даже тюремные сроки. В США последствия нарушения положений МАРПОЛ все более серьезны, а вероятность быть пойманным на месте преступления все более высока.

Большинство связанных с МАРПОЛ дел в США попадают в суд с подачи Береговой охраны, которая проводит разнонаправленный мониторинг, начиная с инспекций судов, подозреваемых в нарушении законодательства, и заканчивая рутинными проверками технического состояния судна и его соответствия

международным стандартам безопасности и экологичности. В некоторых случаях инспекции проводятся по «наводкам» информаторов, желающих получить предусмотренное законодательством США вознаграждение за предоставление официальным органам сведений о возможных нарушениях законодательства.

Для моряков, как и для информаторов, крайне важно быть честными перед инспекторами Береговой охраны. Большинство обвинений, выносимых в США за преступления против МАРПОЛ, связаны не с выбросами в море нефтесодержащих продуктов, а с предоставлением Береговой охране недостоверных сведений или поддельных журналов учета операций. Информаторы, подающие Береговой охране ложные сведения, также несут уголовную ответственность.

Законодательством США предусмотрено право не свидетельствовать против самого себя. Это означает, что никто не обязан отвечать на вопросы или предоставлять какую бы то ни было информацию, которая может оказаться самоизобличительной. Однако ни у кого нет права отказываться отвечать на вопросы, которые могут поставить под угрозу обвинения кого-либо еще. Лица, не уверенные в том, действительно ли они

совершили преступление, перед тем как предстать перед официальными органами США должны получить консультацию адвоката.

Если представители Береговой охраны сочтут, что у них есть доказательства совершения преступления, они передадут эту информацию в Министерство юстиции США, где и будет сделано заключение о том, есть ли достаточные основания для возбуждения уголовного дела. Для проведения расследования Береговая охрана и Министерство юстиции США, как правило, просят моряков не покидать пределы США, так как им предстоит выполнять роль подозреваемых или свидетелей в ходе судебного заседания, что потребует их нахождения в США на протяжении определенного времени. В большинстве случаев задержанным морякам предоставляются жилье, питание и денежное довольствие за счет владельца судна.

Дополнительную информацию о важности защиты окружающей морской среды, о законодательных положениях, касающихся загрязнения окружающей среды, а также о последствиях нарушения экологического законодательства США можно получить по адресу http://enviroguides.us/.

Page 7: The Sea Jul/Aug 13

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If you have any questions about your rights as a seafarer, or if you want more information or help, you can contact:

Douglas B Stevenson, Center for Seafarers’ Rights, 241 Water Street, New York, NY 10032, USA. Tel: +1212 349 9090

Fax: +1212 349 8342 Email: [email protected] or Canon Ken Peters, The Mission to Seafarers, St Michael Paternoster Royal,

College Hill, London EC4R 2RL, UK. Tel: +44 20 7248 5202 Fax: +44 20 7248 4761 Email: [email protected]

jul/aug 13 the sea 7

FOCUS ON FAITH BY JOHN ATTENBOROUGH

The importance of standing up for what you believe in

Defender las creencias propias

WE STOOD on the riverbank watching the swell of the river rush by. Our instructor spoke to us in a confident tone, telling us that if we all worked together and listened to him, we would reach the finishing line. Importantly, he also reminded us that if someone fell into the river, we would not leave them behind – we would be turn-ing around and going back for them. Finally, he told us that teamwork would see us through and that we would have fun doing it.

At that point we got into the raft, holding on to our paddles, and we braced ourselves for what lay ahead. It was hard work fighting the current but white water rafting was so much fun that

I think I must have laughed all the way to the end! At one point we had to turn our raft around and paddle back upstream, which was really hard work, but we made it. It was exactly like the instructor said: listen to his instructions and we will get to the finishing line. He was right about something else, too: we did have a lot of fun doing it.

Teamwork is so important and working on a ship is all about teamwork. If every-body pulls together, helps one another and everyone does their job, then being on a ship far from home is not always so bad. It is all about being able to support each other through the good and bad times.

Jesus in his ministry also had a team around him. They were called disciples and they believed in him and listened to his teaching. Like most people, they did have questions and doubts, and we only have to read in the gospels about Peter when Jesus was arrested to be reminded of this. However, despite this, Jesus’ message was spread by those very first followers. At times they went against public opinion, they were persecuted and treated badly, but in the end when it mattered the most, they stood up for what they believed in. They believed as Christians do that Jesus Christ lived, died and rose again for all of us. He is the saviour of our world.

Standing up for what we believe in and supporting one another are so impor-tant. In today’s world, it is easy to go with the tide of public opinion but stand-ing firm and holding on to your principles can be very rewarding, despite the diffi-culties we sometimes face. I am reminded of a wonderful hymn I sang at school called Trust and Obey.

The first verse in particu-lar reminds me that we have nothing to fear by standing firm in our belief and faith: “When we walk with the Lord in the light of His Word, What a glory He sheds on our way! While we do His good will, He abides with us still, And with all who will trust and obey.”

NOS encontrábamos en la orilla del río observando el rápido fluir de la corri-ente. Nuestro instructor se dirigió a no-sotros con voz confiada y nos aseguró que si todos colaborábamos y hacíamos lo que nos decía, llegaríamos a la línea de meta. Aun más importante, también nos recordó que si alguno de nosotros se caía en el agua no íbamos a dejarlo atrás, daríamos la vuelta para recogerlo. Por último nos explicó que el trabajo de equipo era lo que nos iba a permitir alcanzar nuestro objetivo y que nos íbamos a divertir haciéndolo.

Llegado ese punto nos subimos a la balsa, agarramos los remos y nos preparamos para lo que nos espera-ba. Luchar contra la corriente es muy cansado pero el descenso en aguas bravas es tan divertido que creo que no dejé de reírme hasta que cruzamos la meta. En un momento dado tuvimos que girar la balsa y remar contracorri-ente. Es algo realmente agotador pero conseguimos hacerlo. Fue exactamente como el instructor nos había dicho: si escuchábamos sus instrucciones

llegaríamos a la línea de meta. También había acertado en algo más: nos diverti-mos un montón haciéndolo.

El trabajo en equipo es muy impor-tante y resulta fundamental en una em-barcación. Si todo el mundo arrima el hombro, echa una mano a los demás y hace su trabajo, estar en un barco lejos de casa no siempre es tan malo. Todo es cuestión de apoyarse mutuamente tanto en buenos como en los malos momentos.

Mientras predicaba, Jesús también estaba rodeado de un buen equipo. El nombre con el que se les conocía era el de discípulos y creían en él y escuch-aban sus enseñanzas.

Como la mayoría de la gente, ellos también tenían preguntas y dudas. Sólo hay que leer los evangelios sobre Pedro cuando Jesús fue detenido para record-arlo. Sin embargo y a pesar de ello, el mensaje de Jesús fue difundido por aquellos primeros seguidores, a veces teniendo incluso que hacer frente a la opinión pública.

Fueron perseguidos y maltratados

pero a la hora de la verdad, cuando realmente importaba, defendieron sus creencias. Al igual que nosotros, los discípulos creían que Jesucristo había vivido, muerto y resucitado por todos nosotros. ¡Es el salvador de nuestro mundo!

Defender las propias creencias y prestarse apoyo mutuo es algo muy im-portante. En el mundo de hoy en día, resulta fácil dejarse llevar por la opinión pública. No obstante, mantenerse firme y defender los propios principios puede resultar muy gratificante, a pesar de las dificultades que eso a veces entraña. Recuerdo que en el colegio cantábamos un himno muy bonito que se llama ‘Trust and Obey’ (Confía y obedece).

La primera estrofa, en concreto, me recuerda que no nos debe asustar man-tenernos firmes en nuestra fe y nuestras creencias: “Cuando caminamos con el Señor en la luz de su palabra, ¡con qué gloria ilumina nuestro camino! Mientras hacemos su buena voluntad, Él nos acompaña, como a todos los que confían y obedecen”.

Отстаивай то, во что веришьМы стояли на берегу реки, глядя на ее бегущие волны. Наш инструктор доверительно говорил нам, что если мы все будем держаться вместе и слушать его команды, мы придем к финишу. Главное — он также напомнил нам, что если кто-то упадет в реку, то мы не оставим его — мы вернемся и вытащим упавшего! В конце он сказал, что это задание проверит наше умение работать в команде и что оно нам понравится.

Потом мы забрались в лодку, держась за весла, и отправились в путь. Сражаться с течением было нелегко, но сплав по бурной реке оказался настолько забавным занятием, что я смеялся всю дорогу, с начала и до самого конца! В какой-то момент нам пришлось развернуть лодку вокруг своей оси и двинуться вверх по течению, что оказалось весьма непростой задачей, но мы с ней справились. Все было именно так, как сказал инструктор: мы следовали его командам и мы добрались до финиша. Он оказался прав и в том,

что сплав оказался действительно очень увлекательным занятием.

Работа в команде очень важна, а если ты член экипажа корабля, то нет ничего важнее. Если все объединят свои усилия и будут помогать друг другу, если каждый будет выполнять свои обязанности, то работа на судне вдали от дома будет не такой уж и тяжелой. Самое главное — поддерживать друг друга в тяжелую минуту и вместе радоваться удаче.

У Иисуса тоже была своя команда: команда учеников, которые верили в Него и внимали Его учению. Как и большинство людей, их также мучили вопросы и сомнения, и чтобы убедиться в этом, достаточно прочесть строки Евангелия от Петра о том, как Иисуса был арестован. Однако несмотря на это учение Иисуса распространилось по всему миру именно благодаря Его первым последователям. Когда они пошли против общества, они подверглись гонениям и издевательствам, но в конце, когда это стало действительно

важно, они все же смогли отстоять то, во что верили. Как и мы, они верили в то, что Иисус Христос жил, умер и воскрес ради всех нас. Он — спаситель нашего мира!

Отстоять то, во что мы все верим, и поддержать другого — это так важно. В сегодняшнем мире проще всего «плыть по течению» общественного мнения, но только несгибаемость позиции и верность своим принципам могут принести действительно ценное вознаграждение, даже несмотря на все трудности, с которыми мы порою сталкиваемся. Мне напомнили об удивительном гимне, который я пел в школе и который назывался «Доверяй и будь покорным». В частности, его первый куплет напоминает мне о том, что когда мы непоколебимы в своей вере, нам нечего бояться: «Идя с Господом в свете Его Слова, Я вижу лишь блаженство на своем пути! Исполняя Его волю, Я знаю, что Он будет со мною идти. Он с теми, кто доверяет и покоряется Ему».

CALLING all seafarers: we would like to hear from you!As part of the worldwide welfare work of The Mission to Seafarers, we would like to hear about the ways you keep in touch with your friends and family while you’re at sea.

Using social networks can be one of the cheapest and quickest ways to keep in touch with everyone while you’re away, so we’d like to know:

what social networks do you use?

Please tick all the options that apply. When you’re finished, please hand in your copy to the nearest Mission to Seafarers chaplain.

You can also answer this question online at www.missiontoseafarers.org/vote

Seafarers: have your say

Thanks for taking part and making your voice heard.

Page 8: The Sea Jul/Aug 13

8 the sea jul/aug 13

Tanker masters face jail

High blood pressure ending careersTHE most common reason for seafarers permanently failing UK medical checks for sea service last year was hy-pertension – high blood pressure – according to the country’s Maritime & Coastguard Agency.

This accounted for almost 13 per cent of the total. Other car-diovascular problems, including heart disease and deep vein thrombo-sis, were the causes of 14.5 per cent of failures. Just over 7 per cent of the 110 permanent failures last year, out of 52,200 seafarer medical examinations, were the result of obesity.

TWO tanker masters, who had been carrying out a bunkering operation six miles off the Sao Tome and Principe coast in March, have been sentenced to up to three years in prison on “smuggling charges”. Defence lawyers called the sentences “absurd” and an appeal has been lodged.

The masters of the Marshall Islands-flag Marida Melissa and the Turkey-flag Duzgit Integrity were also fined a total of €4.8m but told they would not go to jail if they or their employers paid the court the equivalent of €5m to the court.

Fuel transfers are illegal within 20 miles of the coast. It has been reported that the Bermuda-flag tanker President Spena was also detained.

The insurer says the issue is complicated by the presence of unlicensed fish farms which are neither charted nor marked by buoys.

THE UK’s Warsash Maritime Academy (WMA) has added its eighth ship model, the Resolution, to its fleet used for training pilots, masters and ship’s officers.

The 1:25 scale model of a 13,300 teu containership cost £250,000 (US$368,000) and is part of £5.5m

committed to the project by Southampton Solent University in 2009.

Dangerous dancingTHE officer of the watch (OOW) of a large cruise ship failed to act appropriately when the vessel encountered restricted visibility recently, according to a UK Marine Accident Investigation Branch (MAIB) Safety Digest.

In a report of the ship’s near miss with a small survey vessel which was engaged in survey operations, the MAIB says the OOW seemed either unaware of his obligations under such conditions or unwilling to comply with them.

He had not called the master, was not sounding the correct fog signal, and was listening to dance music while the ship steamed on at 18 knots. A collision was avoided by the survey vessel.

Mission launches seafarers’ surveyWe want to hear from you!

1. What is your gender?

Male Female

2. What is your nationality?

3. What position do you hold on board?

4. Which age bracket do you fit in to?

18-30 31-40 41-50 Over 50

5. What faith group do you belong to?

Christian Muslim Jewish Hindu

Buddhist Sikh

Other (please specify): ___________________________________

6. Why did you become a seafarer?

I always wanted to be a seafarer

I earn more at sea than at home

My father/relative was a seafarer

Other: _________________________________________________

7. What technology do you use on a regular basis?

iPhone Android device Laptop

iPad Other tablet Landline phone

8. Do you have email access on board your ship?

Yes, we all do Yes, but it is restricted

No

9. If you do have access, how often do you use it?

Daily Weekly Monthly I do not use it

10. What stops you using communication technology?

It’s expensive I don’t have the time

Access is limited

Other: _________________________________________________

11. Do you use a Mission to Seafarers phone card or roam-ing SIM?

Yes, both Phonecard SIM

No

12. How much do you spend each month contacting home?

Under $20 $21-$40 $41-$60

$61-$80 $81-$100 Over $100

13. Is it important that a port has a seafarers’ centre?

Extremely Very

Important Not important

14. Please tell us why:

15. What seafarers’ centre services do you think are most important?

Chaplains Internet Transport

Phones Counselling Ship visitors

Chapels/Mass Bar Gardens

Shop Gym Library

Currency exchange Local information

Other: _________________________________________________

16. What are the benefits, if any, of seeing a port chaplain?________________________________________________________________________________________________________________

17. What is the most difficult thing about being at sea?

Bullying Long contracts Isolation

Piracy Bad weather Criminalisation

Being the only person from my country

Not seeing my family

Missing family events, like birthdays

Other: _____________________________________________

18. What does The Mission to Seafarers mean to you?

19. If you could name one new service for The Mission to Seafarers to provide, what would it be?

None

New Warsash model sets sail

Harmful HWW decision clears the watersHOLD washing water (HWW) from cargoes deemed “harmful to the marine environment” (HME) by the International Maritime Organization (IMO) may still be discharged into the sea for a while longer, in certain circumstances.

The move has been made in response to difficulties reported by shippers and shipowners in meeting the requirements of amended regulations that came into force on January 1 this year, which prohibit all discharges of all HME residues.

IMO is sending an official Circular to Industry saying that HWW from holds previously containing solid bulk cargoes classified as HME may be discharged outside IMO designated Special Areas until December 31, 2015.

There are currently several conditions that must be met and precautions that must be taken before HWW can go into the sea, including that, based on the information from the receiving port, the master makes sure there are no adequate reception facilities at the receiving terminal or at the next port of call.

The Mission to Seafarers is asking every working seafarer who uses our services to tell us what they think of us so we can tailor our services to meet your needs. As one of the largest providers of seafarers’ centres, we think it’s important that we give you the chance to tell us what you like about the Mission and, crucially, what services you think we should be providing in the future.

All of the information is entirely confidential, and anonymous. Please either complete the survey below and hand it to a port chaplain from The Mission to Seafarers, or visit www.missiontoseafarers.org/survey to complete it online.


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