THREE containers laden with hazardous substances including pesticides and chemicals are not yet accounted for in the aftermath of the MSC Chitra collision that closed India’s most important port complex last week.
Around 250 containers — a smaller number than originally believed — fell into the sea after the Mediterranean Shipping Co vessel collided with bulk carrier Khalijia 3 on August 7, forcing the shutdown of Jawaharlal Nehru Port and Mumbai. Partial operation has only been resumed this week.
Some 31 held hazardous goods, with 27 of them staying on the boxship and one subsequently washing up ashore at Raigad. The remaining containers are said to contain organophosphates used in agriculture and solid sodium hydroxide.
One possibility is that the missing boxes have sunk, officials have argued. The state authorities have insisted that there is no prospect of a leak.
Mumbai Port Trust chairman Rahul Asthana told the Press Trust of India: “The salvage operation is underway. About 100 out of the total 250 containers are yet to be traced from the waters.”
In addition, India’s environment department has invited experts from the International Tanker Owners Pollution Federation to assist the clean-up efforts.
Meanwhile, a sessions court has granted interim bail to Khalijia 3 master Laxman Dubey following his application for anticipatory bail after the police registered a case of negligence against the masters and crew members of both vessels.
According to Capt Dubey, the collision was due to navigational error and not deliberate and Khalijia 3 was at a slow speed at the time of the accident.
The master of Chitra, Mandeleno Ranjit Martin, is also seeking anticipatory bail and the court will hear his application tomorrow.
India’s acting director-general of shipping SB Agnihotri has promised a full investigation into the casualty, which some observers anticipate will spark an extended legal tussle if the government seeks to recover costs.
Mr Agnihotri said: “We will take three to four weeks before we complete the inquiry and will then send it to the union [central government] ministry of shipping.”
A shipping ministry official added: “We are conducting an inquiry with no pre-conceived notions. We have collected the data from the vessel tracking monitoring system, electronic evidence and other logs.”
SHIPTALK:
A GLOSARY OF SHIPPING AND MARITIME TERMS
AGENCY FEE – A fee charged to the ship by the ship’s agent, representing payment for services while the ship was in port. Sometimes referred to as the attendance fee.
ANCHOR HANDLING TUG – Tug that moves anchors and tow drilling vessels, lighters and similar. Also ANCHOR HANDLING TUG/SUPPLY used also for supplies
EXPORT PACKERS: Firms that securely pack export products into a container to crate to protect the cargo from damage during an ocean voyage.
FEEDER SERVICE: Ocean transport system involving use of centralized ports to assemble and disseminate cargo to and from ports within a geographic area. Commodities are transported between major ports, then transferred to feeder vessels for further transport to a number of additional ports.
FENDER PILES: The wooden or plastic pilings on the outer edge of the wharf function like the fenders on a car. They are there to absorb the shock of a ship as it docks at the wharf and to protect the structural pilings that actually support the wharf. Fender piles are also called sacrifice piles since they are designed to be discarded after they are broken.
FLEETING: The area at which barges, towboats and tugs are berthed until needed. The operation of building or dismantling barge tows.
PILOT: A licensed navigational guide with thorough knowledge of a particular section of a waterway whose occupation is to steep ships along a coast or into and out of a harbor. Local pilots board the ship to advise the captain and navigator of local navigation conditions (difficult currents; hidden wrecks, etc.).
TRANSIT SHED: The shed on a wharf is designed to protect cargoes from weather damage and is used only for short-term storage. Warehouses operated by private firms house goods for longer periods.
TRANSSHIPMENT: The unloading of cargo at a port or point where it is then reloaded, sometimes into another mode of transportation, for transfer to a final destination.
DOCKAGE: A charge by a port authority for the length of water frontage used by a vessel tied up at a wharf.
DRAFT: The depth of a loaded vessel in the water taken from the level of the waterline to the lowest point of the hull of the vessel; depth of water, or distance between the bottom of the ship and waterline.
Britain: Caught Between Legal And Political Implications Of Piracy
• Legal Problems Are Still Hindering The Effort To Deal With Somali Pirates
• Britain Is Accused Of Blocking Action Against Pirates
It has emerged that the British government is blocking a move at the United Nations to take action against two suspected pirate organisers.
This is despite tough British language condemning pirates and the paying of ransom, and its contribution of warships to the anti-pirate operation run by the EU, known as EU Navfor.
The EU operation has itself been reduced to near farce in the last week, with a Spanish ship having to send pirates back to Somalia, after catching them red-handed, because the problems of prosecuting them are too great.
A look first at the British position:
The Foreign Office in London confirmed a story in the Financial Times that the UK is blocking an American proposal to add the names of two alleged pirate leaders to a UN sanctions list.
Sanctioning Pirates
A UN sanctions committee can add names to its list under Security Council resolution 1844
The assets of people on the list are frozen and they are subjected to a travel ban
No actual alleged pirates have been listed so far
The British action, known as a technical hold, was taken back in April and has not been lifted.
The reason, I am told, is that the paying of ransom is not a criminal offence in the UK. This has made it possible for ransom to be paid for dozens of ships and their crews, and many of the negotiations go through London.
But, the argument is, if the suspected pirate leaders, named by the Foreign Office as Abshir Abdillahi and Mohamed Abdi Garaad (with numerous variants) are put on the UN sanctions list, then ransom in effect becomes an offence in the UK and might put an end to many ransom deals.
Doing business
According to British officials Abdillahi and Garaad are “high-profile pirate leaders involved in hijacks in the Gulf of Aden”.
Indeed, they are alleged to be so influential that almost all ransoms are said to involve them in some way.
In the 19th Century the problem would have been dealt with in somewhat shorter order”
End Quote Britain has applied the technical hold because it is under pressure from ship-owners and seafarers who prefer the present system. This system is basically one of doing business, not waging war. The ship is taken, negotiations take place, the money is paid and the ship and its crew are released.
For example, on 29 July 2010, the Maltese-flagged merchant vessel MV Frigia was freed with its crew of 21. It had been hijacked on 23 March. It is presumed that money changed hands.
Gavin Simmons of the London Chamber of Shipping told the FT: “To discontinue payments or make them illegal would jeopardise the safety of seafarers held captive.”
This is something of an embarrassment to the British government. Foreign Office officials told me it was being discussed “at the highest level” and something might develop “in the next few months”.
Warning shots
But even the at-sea operations against the pirates are still bedevilled by inhibitions caused by the law.
The pirates were arrested, and weapons were found on the skiff Early on the morning of 3 August, the Spanish ship SPS Victoria responded to a distress call from the MV Bow Saga, a Norwegian chemical tanker, that she was under attack in the Gulf of Aden.
The Bow Saga reported that a pirate skiff with seven people on board had shot at the bridge, damaging the windows. The ship carried out evasive manoeuvring and deployed fire hoses.
The Victoria already had a helicopter airborne and was able to respond within 10 minutes. The pirates broke off and tried to flee but the Victoria fired warning shots, first from the helicopter and then from the warship and the pirates stopped.
Weapons were found on the skiff.
However, EU Navfor has now reported: “The seven individuals apprehended have been returned to Somalia.”
It stated that “due to the legal framework and timeliness encompassing piracy and criminal activity at sea, the prosecution of the seven individuals in this specific case could not be initiated with confidence.”
That encapsulates the problem. Pirates caught in the act cannot easily be prosecuted and in this case were simply sent back home.
Kenya has taken about 100 pirate suspects and has imprisoned about 20 of them. But Kenya is now threatening to withdraw its co-operation, saying that it is not being given enough support.
Both examples show how far the international community is from solving a problem that in the 19th Century would have been dealt with in somewhat shorter order.
Suez Canal Authority Stops Transit Of Weapons On Canal
The Suez Canal Authority is enforcing an old, but long ignored, law prohibiting firearms on board merchant ships transiting the canal, seizing them at one end and driving them to the other where they are returned, reports American Shipper.
Maersk Line discovered the new policy after one of its ships was prevented from entering the canal until it surrendered weapons to the Egyptian authorities. The procedure caused several hours of delay as the ships waited for officials to take possession of the weapons.
A number of alternative proposals – such as inviting Egyptian officials on board and placing a seal and extra locks on the weapon cases or posting a guard on board – have been turned down, it is learnt. The problem, it is felt, will become critical when ships carry military hardware.
WEEKLY PIRACY REPORT
20.08.2010: 0420 LT: Posn: 05:12.8N – 106:32.6E: Off Kakap Natuna oil terminal, South China Sea.
Three speed boats chased a general cargo ship underway. Anti piracy watch keepers noticed the boats approach less than 100 metres from the shipside. Master increased speed, made evasive manoeuvres and enforced anti piracy measures to prevent boarding. After about 40 minutes the boats aborted the attack.
19.08.2010: 0234 LT: Callao anchorage, Peru.
Six robbers armed with long knives boarded an anchored a container ship. They punched the duty watchman on his face and took him as hostage. When the A/B did not respond to the walkie talkie the alarm was raised and another watchman was sent to look for him. Robbers released the duty watchman and escaped with ship stores.
18.08.2010:
0350 LT: Posn: 03:05N – 105:24E: off Mangkai Island, South China Sea.
Six pirates armed with long knives boarded a bulk carrier underway. They entered the bridge and took hostage duty officer and AB. The pirates took the AB to the Master’s and other officers and crew cabins and stole cash and personal properties. They kept the Master hostage until they escaped.
17.08.2010:
0340 LT: Posn: 03:17N – 105:29E, 12.6 nm off Pulau Mangkai (Indonesia), South China Sea.
Six pirates armed with automatic guns and long knives boarded a product tanker underway. They entered the bridge, and tied up the 2/O and the duty A/B. They entered the master’s cabin and stole ship’s cash. Pirates escaped with ship’s properties, crew cash and personal belongings. Master reported the incident to an unknown warship in the vicinity.
16.08.2010:
0145 LT: Posn: 03:15.0N – 105:18.5E, 19nm off Mangkai island, South China Sea.
Pirates armed with knives boarded a chemical tanker underway via the poop deck. Master raised alarm, mustered all crew and announced through public address system. Robbers escaped empty handed.
15.08.2010:
0400 LT: Chittagong Anchorage, Bangladesh.
Pirates boarded a bulk carrier approaching the anchorage, via the stern, during heavy rain. They stole ship’s stores and escaped. Chittagong port control informed. Coast guard boarded the ship for investigation.
Minister Commends NIMASA Over Maritime Resource Development Center
Minister of Transport, Alhaji Yusuf Suleiman has commended the Management of the Nigerian Maritime Administration and Safety Agency, NIMASA for the successful completion and putting into use of the
Nigerian Maritime Resource Development Center (NMRDC), located in Kirikiri area of Lagos.
The Minister who made the commendation after carrying out a facility tour of the Center said that the NIMASA management is on the right path adding that if they continue, the objective of the multipurpose center will be achieved in not too distant future.
The NMRDC also incorporates the Regional Maritime Rescue Coordination Center (RMRCC); an IMO-recognised search and rescue facility.
The obviously impressed minister said that “having been part of the original plan and design of this project, I am really impressed on the progress of work which is now nearing completion. I congratulate all those who have been part of this project and hope it will truly serve the Nigerian maritime industry”.
While restating his commitment to completing the entire project before May 2011, the minister advised stakeholders in the maritime sector across the sub region to take advantage of the facilities located within
the complex to improve on their competencies.
He also commended the partnership between NIMASA and the Nigerian Navy which has enhanced the effective monitoring of the nation’s coastal waters via the successful implementation of the Automated
Identification System, (AIS) and the Long Range Identification and Tracking (LRIT) system.
The Managing Director of the Nigerian Ports Authority, Malam Abdulsalam Mohammed who was also on the minister’s entourage, noted that incorporating the radio room on the control towers at the nation’s
seaport will also enhance security at the ports.
The facilities that were inspected by the minister included the Regional Maritime Rescue Coordination Center, the Administrative Block, Multipurpose Hall, Lecture theatre, Library Complex, the Search and Rescue Helipad and the 48 room Guest House. All the facilities are located within the premises of the Maritime Resource Development Center.
PORT STATE CONTROL: UK Marine And Coast Guard Detains 7 Ships
The UK Maritime & Coastguard Agency (MCA) has announced that seven foreign flagged ships were under detention in UK ports during July 2010 after failing Port State Control (PSC) inspection.
Latest monthly figures show that there were six new detentions of foreign flagged ships in UK ports during July 2010 and one vessel under detention from the previous month. The overall rate of detentions compared with inspections carried out over the last twelve months was 2.9% this is slightly up from June’s twelve month rate.
During the month of July 144 Port State Control inspections were carried out in the UK. A total of 44 vessels had no deficiencies raised against them, 74 had between one and five deficiencies, 18 had between six and 10 deficiencies, seven had between eleven and twenty deficiencies and one vessel had more than twenty deficiencies.
Out of the detained vessels, five were registered with flag states listed on the Paris MOU white list, one was registered with a flag state on the grey list none were registered with flag states on the black list and one was unregistered.
In response to one of the recommendations of Lord Donaldson’s Inquiry into the prevention of pollution from merchant shipping and in compliance with the EU Directive on Port State Control (95/21/EC as amended), the Maritime and Coastguard agency (MCA) publishes full details of the foreign flagged vessels detained in UK ports each month.
Inspections of foreign flagged ships in UK ports are undertaken by surveyors from the MCA. Where a ship is found to be deficient or lacks the required documentation, MCA surveyors can take a range of actions leading to detention in serious cases. The UK is part of a regional agreement on port state control known as the Paris Memorandum of Understanding on Port State Control (Paris MOU) and information on all ships that are inspected is held centrally in an electronic database known as SIReNaC. This allows the ships of flags with poor detention records to be targeted for future inspection.
Detained ships have to satisfy surveyors that remedial work has been carried out before they are allowed to leave port.
When applicable the list includes those passenger craft prevented from operating under the provisions of the EU Directive on Mandatory Surveys for the safe operation of regular Ro-Ro ferry and high speed passenger craft services (1999/35/EU).
ILLICIT CARGO: Container Ship Forced To Return To South Africa From Hong Kong
A container ship, AMBASSADOR BRIDGE which was ordered to turn about one day out of Hong Kong has returned to South Africa after the ships agents were served a SARS Detention Order on the ship.
On arrival in Cape Town on Saturday, SARS officials confiscated R4 million worth of abalone (perlemoen) discovered in a container on board the K Line vessel.
The 1.6 tonnes of abalone was smuggled out of the country hidden in a container bound for China.
“For only the second time in the history of law enforcement in the country, a shipping vessel suspected of carrying illicit goods was forced to return to South Africa for inspection after SARS issued a Detention Order in terms of the Customs and Excise Act,” said SARS spokesperson Adrian Lackay on Monday.
He said the Detention Order that was served on the shipping agents legally compelled the vessel to return to South Africa.
At the time of serving the Order, the vessel was about one day away from its destination of Hong Kong.
SARS had previously received information that freight containers on two vessels destined for Hong Kong were carrying abalone that was poached off the South African coastline. Ambassador Bridge is the first of the two vessels to return to the country.
The SARS investigators were joined by the South African Police Services (SAPS) and investigators from the Fisheries division of the Department of Agriculture, Forestry and Fisheries, in detaining and searching the containers.
“The 1.6 tonnes of smuggled abalone was confiscated and is being stored at the State Warehouse while investigations continue. The second vessel is expected to return to South African waters later next week for inspection,” said Lackay.
The Revenue Services has also established that the suspects had ordered a third container to be used for another export of abalone from South Africa but that the order had been cancelled after SARS issued the Detention Orders.
“Investigations to date clearly indicate that there remain strong links between abalone poaching, illicit trade networks, corruption and racketeering. Criminal syndicates are known to exploit vulnerable coastal communities where residents serve as poachers for abalone destined for a growing international market,” Lackay said.
In October 2006, law enforcement agencies in the country set international precedence when a container vessel was rerouted back to South Africa for the first time on suspicion that it carried containers of smuggled abalone.
Wrecks: Mumbai Port Channel, Now Graveyard of Ships
At least 10 ships, including a few offshore supply vessels, have sunk near Mumbai harbour in the past 13 years, making the channel a graveyard of ships. The debris of the sunken vessels are already posing a threat to ships and fishing boats.
Apart from that, more than 30 stranded offshore supply vessels (OSV) continue to pose a major threat to lives of seafarers.
The 30-odd vessels have been reduced to rusted buckets after they were anchored in Mumbai harbour since July 2007.
They have been found unfit for sailing soon after a survey conducted by the Director General of Shipping.
DG shipping conducted a survey after the sinking of offshore vessel SAM10 near Bombay High in July 2007. Most of the ships did not conform to the specifications laid by Indian Register of Shipping, an apex governing body for shipping in the country.
While some of the ships are anchored near Ferry Wharf, a majority of them are pitching and rolling in the rough seas in the main navigation channel leading to the harbour.
Some of the supply vessels are anchored along the route to Mora, Karanja and Rewas across Mumbai harbour. These ships are a threat to local fishermen, particularly after nightfall.
The rust that emits from these ships is creating an ecological threat to the marine fauna in the region. And authorities have done nothing to tackle this threat so far.
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