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  FLASHLIGHT - February 2008           Edition No: 71

Past editions can be viewed on http://www.asiaconference.biz

Quote of the month ...

Reality is the leading cause of stress amongst those in touch with it.
Jane Wagner, (and Lily Tomlin)

******


CONTENTS (for full stories, select a headline)

At the Bow

FLASHLIGHT is a free monthly emailed newsletter circulated to more than 5,000 people involved in marine surveying around the world.  It is circulated to anybody who wishes to receive a copy, eg, Marine Surveyors, P&I Clubs, their correspondents, Underwriters, Professional Institutes, Admiralty Lawyers, etc.  It is a collation of articles relevant to our profession taken from various publications together with contributions from readers.  Please pass it on to any of your contacts who you feel might be interested in receiving it.  If you do not wish to be included in the circulation list, please contact the Editor at the email address below.  Letters, opinions and articles relating to our profession are welcomed for the newsletter.

New readers this month:

Susann D. Hunt, Assistant Marine Security Inspector, Transport Canada, Ottowa, Ontario, Canada.

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Spindrift

Poorly secured cargo worries Finns

HELSINKI 4 February – An operation to check how cargo has been secured in containers and trailers arriving in Finnish ports has revealed major negligence, the Finnish Maritime Administration (FMA) says. Cargo had been poorly secured in almost half of the units inspected last year in a programme that comprised 23 extensive inspections. The units with problems were stopped in port so that the defects could be rectified before they could be loaded for inland transport. “Securing cargo poorly is against rules and it shows negligence against safety in general and safety at sea in particular,” FMA said. While it is the responsibility of the crew to make sure that cargo units are properly secured on board ship, there is nothing they can do if the goods inside the units are not secured properly, it pointed out.

Somalis hijack Danish newbuild

COPENHAGEN 4 February – Talks are in progress between Danish towage company Svitzer and the crew and pirates who hijacked a brand-new Russian-built ice-class tug off Somalia last Friday. The 34.5m Svitzer Korsakov, which was on voyage from St Petersburg, where it has just been completed for deployment on Sakhalin island in the Russian Far East. It has a British master, Irish chief engineer and Russian chief officer plus three crew members on board. Pirates attacked the tug and it is now at anchor in Somali waters, Svitzer says in a notice on its website. According to LR-Fairplay's SeaWeb database, the tug is flagged in St Vincent & the Grenadines. Details are not given of exactly where the attack took place or where the tug is now. BBC News quotes a local sources as saying that it is at the port of Eyl in the north-eastern semi-autonomous region Puntland, but Russian news agency Interfax is quoted as reporting it to be at Mogadishu. AP quotes Puntland’s information minister as urging Western maritime military forces in the region to intervene and free the tug. "Puntland is not in a position to safeguard (its) long coastline," he is quoted as saying. Svitzer’s spokesman declined to comment on the contents of the negotiations with the hijackers but said the safety of the ship’s company is the highest priority. “As a result of direct contact with the vessel it is understood that all six men are unharmed,” the company said in a statement “Appropriate measures are in place to seek the safe release of the crew, and their families continue to receive support.” Meanwhile, a Danish naval ship, the patrol vessel Thetis, is in the region. “Thetis is in Mombasa on another deployment. Currently, we are not involved as the [Svitzer Korsakov] does not fly the Danish flag,” said Klaus Randrup Rasmussen, press officer at the Sovaernets Operative Kommando, the operations centre of the Royal Danish Navy. “Naturally, Thetis is ready to render assistance if the Danish government decides to use it.” A decision to send Thetis to Somalia would be a political one that would have to be made by the Ministry of Defence, Rasmussen pointed out.

USCG gets insight into reputation

WASHINGTON, DC 8 February – WHILE the maritime industry has great respect for the US Coast Guard, there is a general perception that the USCG no longer considers marine safety an important mission and a resentment over the “harsh treatment” that mariners receive at the hands of Coast Guard boarding parties. That consensus was revealed today in a report to Commandant Thad Allen by retired Vice Adm James C Card. Following congressional hearings last year where the USCG came under industry fire for safety related complaints, Adm Allen dispatched Card to conduct a series of interviews with those in the industry to get a feel for their perceptions. After more than 170 interviews, Card has submitted his report to Allen – a document believed to be playing a major role in the Commandant’s speech today to the National Press Club on his plans to reorganise the USCG. One major complaint common to most mariners was the lack of competent inspectors and investigators – especially civilians – who have time on the job to gain real institutional experience. The USCG just proposed this week to expand that programme in its FY 2009 budget by spending $20M to hire 280 new inspectors – both uniformed and civilian.

B Navi admits magic pipe charges

WASHINGTON, DC 8 February – ITALYS' B Navi Ship Management and the chief engineer from its 41,820 dwt general cargo ship Windsor Castle have pleaded guilty to magic pipe related charges. The pleas came over the past two days in US District Court in Houston with B. Navi pleading to a two count indictment - violation of the Act to Prevent Pollution from Ships (APPS) and making materially false statements to the Coast Guard. Chief Engineer Dushko Babukchiev pleaded guilty to a one-count criminal information charging him with making materially false statements to the USCG. Babukchiev will be sentenced next Friday and the company will be sentenced on 23 April 23. The case dates to 17 August 2007 when the Cayman Islands-flagged vessel called in Houston and was boarded by a USCG inspection team. “Several lower level crew members” blew the whistle on Babukchiev, informing the inspectors that the engineer had ordered them to dump oily sludge into the ocean and then had altered ship’s records to conceal the dumping. The informers then led investigators to the magic pipe bypass hoses. “Those who mislead the Coast Guard and take deliberate steps to pollute our seas will face prosecution,” Assistant Attorney General Ronald J Tenpas said in a statement.


Lead dread leads lupin Lucy to leave

ALBANY 8 February – Three West Australian ports have turned away cargo ship Lucy Oldendorff because of lead contamination, says a report in the West Australian. The vessel, which has a Chinese crew, was due to load 10,000 tonnes of lupin products at the ports of Albany and Esperance. It was turned away because it was still polluted from an earlier lead sulphide cargo. Albany port boss Brad Williamson said: “This is the first time I’ve refused a ship entry, so it’s quite an unusual event for ports.” The Lucy Oldendorff was not allowed into Esperance initially because of lead dust on its superstructure and in its holds. Entry was refused once more after cleaning. The ship has reportedly returned to Port Pirie.

(With thanks for Fairplay Daily News: news@fairplay.co.uk)

In Brief

Charge protest. the owners and managers of the VLCC Hebei Spirit have expressed concern at a decision by South Korea authorities to file negligence charges against the master and chief officer of the vessel following a collision in December in which some 12,000 tonnes of oil was spilled.

HD restart: fast craft operator HD Ferries is planning to re-start its services between the Channel Islands and France on 20 March. The company has also ordered an overhaul of its ferry HD1 in a bid to prevent operational problems encountered in the first season.

Maersk cuts: as part of a package of measures to improve its performance, Maersk Line is to shed around 12% of its 25,00 staff worldwide. Announcing the moves last month, the company said the majority of the job losses will come from its regional offices.

Newhaven boast: France's Seine-Maritime district council
has given the go-ahead for the ferry firm LD Lines to run a third daily return trip on its Newhaven-Dieppe service in response to growing demand from customers.

Irish inquiry the European Commission has announced that it is to conduct a formal investigation of Ireland's tonnage tax scheme to ensure that changes to the rules governing time charters comply with EU state aid guidelines.

Bulk concerns: maritime unions in the Far East have expressed concern at a spate of bulk carrier losses in Asian waters over the last six months in which more than 50 seafarers have lost their lives.

Swedish shake-up: Sweden's government has been urged to shake-up the country's pilot service to promote safety and protect the environment. A special report recommends pilotage requirements for blacklisted FoC vessels and calls for changes to pilot training. Pilots would no longer have to be Swedish nationals, and unauthorised pilots will face stiffer penalties.

Tilbury call: Israel-based containership operator Zim is set to launch a new service linking the Far East and northern Europe. Zim will operate the route with eight 4,25OTEU vessels, with calls including Shanghai, Port Kelang, Bremerhaven, Antwerp and Tilbury.

Brittany, bulls: French operator Brittany Ferries has bought the1,120-passenger vessel Pont l'Abbé from DFDS of Denmark. Built in 1978, the vessel was renovated in 1993 and again in 2000, and has run on Brittany's Plymouth-Roscoff route since March 2006.

COSCO orders: the Chinese yard Yangzijiang Shipbuilding's has signed a deal with COSCO Container Lines to build 20 new containerships in a deal worth an estimated US$1.36 bn. The ships will be delivered between August 2011 and June 2012.

Korean crackdown: the South Korean Register of Shipping has adopted a' zero tolerance' policy in a bid to improve the quality of the 2,600-plus ships it classes.

Ports plan: the lower Normandy regional council is investing in safety and extension projects at the major French western Channel ports of Caen and Cherbourg.

Singapore scan: Singapore has become the seventh country to scan all US-bound containers.

Liberia booms: Liberian Registry officials have claimed a major milestone, with the flag of convenience increasing last year to a new high of 2,665 ships of 82m dwt. Scott Bergeron, chief operating officer of LISCR - the registry's US-based manager - said Liberia offered owners operational efficiencies that 'are simply unavailable from bureaucracy laden flag states'. And he claimed that 'the days of outdated thinking about open registries are over'.

Indonesia signs up: Indonesia's government has announced that the country is to ratify the ILO Convention 185 on Seafarers' Identity Documents. Welcoming the move, Hanafi Rustandi, president of the Indonesian seafarers' union, Kesatuan Pelaut, commented: 'Certain countries, particularly the US and Britain, will soon have no reason to prevent our seafarers from stopping over or entering their territories.'

Owners blamed: Ukraine's transport minister Yosip Vinsky has blamed the owners of the Bulgarian-flagged cargoship Vanessa for its sinking in the Azov Sea last month, with the deaths of nine crew and a pilot. He claimed the company had put business interests before safety; and the vessel had twice refused assistance while a severe storm was brewing.

Lifeboat deaths: two more seafarers have died as a result of a lifeboat accident. The third officer and another crew member onboard the Panama-flagged containership MSC India were killed when the lifeboat on which they were working fell into the sea off the coast of Sweden. A third seafarer was injured.

Single ban: South Korea has moved to ban single-hull tankers from its waters some five years earlier than IMO rules dictate. The plan was tabled following an accident in which the single hulled VLCC Hebei Spirit spilled over 12,000 tonnes of crude after being hit by a crane barge some 150km SW of Seoul.


Shortage "set to drive up crew costs"

THE GROWING global gap between supply and demand for skilled seafarers is set to drive up crew costs even further, leading maritime accountants warned last month.

Looking at the shipping industry's financial prospects for the next 12 months, London-based Moore Stephens warned that rising costs are a certainty - with crew wages poised to 'climb even faster as the world supply of skilled seafarers tightens further'.

Chris Chasty, head of the accountancy firm's shipping group, stressed: 'The cost of crewing is not just the wages, it is the costs of mistakes, delays and damages from unskilled crews, and the costs of training and retention to minimise those costs.

Wise owners are investing in skilled manpower, knowing that will see them more able to attract business and finance, whatever the markets do,' he added.

Mr Chasty said recent financial crises will make banks more choosy about their lending policies, helping to create 'a welcome return to sanity' in the ship finance market.

And he also had some words of warning to 'some owners who should know better' c the dangers of over-ordering.

'Shipping as a whole is still behaving as the market cycle has been magically abolished even though LNG carriers and containerships are going into lay-up,  everyone can see massive newbuilding delivery schedules for the next two years " he added.


Master fined for drinking on duty

A UKRAINIAN shipmaster was fined £500 last month after being found to be three times over the UK's maritime 'drink drive' limit in the port of Southampton.

Police were called to the 2,446gt general cargoship Helen after Maritime & Coastguard Agency inspectors checking hours of work records noticed that Captain  Syrovatko appeared to be under the influence of alcohol.

The vessel had been preparing to sail and had its gangway raised and main engine running, but Capt Syrovatko was arrested after failing a breath test and was taken to a police station. Further tests showed that he was about three times the prescribed limit, at 100mg of alcohol in lOOmI of breath.

Appearing before Southampton magistrates, Capt Syrovatko pleaded guilty to one breach of the Railway and Transport Safety Act 2003. In mitigation, it was explained to the court that he had been sacked by his employers and is now unemployed, with little prospect of work.

Following the hearing, Captain Jeremy Smart, head of enforcement at the MCA, warned: 'Seafarers should be aware that if found to be under the influence of alcohol when on duty onboard a ship, then they face arrest and being brought before the courts.

'Similarly,' he added, 'shipowners should note that if this occurs and the vessel manning subsequently falls below the required levels, then, as happened in this case, the vessel will be detained for under manning.


US Rules sink Christmas plans

Visa refusal prevents couple from spending Christmas together

Hardline US immigration rules prevented a newly-married Nautilus UK member and his wife spending their first Christmas together at sea.

Chief engineer officer Craig Feierabend - who serves onboard a Maersk ship that trades between the US west coast and the Far East - had been hoping that his wife, Daniela, would be able to sail with him over the festive period.

Last autumn, Daniela - a Romanian national - applied to the US embassy in Bucharest for a tourist visa to enable her to fly to San Francisco to join her husband on his ship.

But the application was refused, on the grounds that Mrs Feierabend had failed to 'demonstrate strong ties outside the US' or to 'demonstrate that her intended activities in the US would be consistent with the visa status'.

The embassy said the decision could not be appealed - although she was allowed to make a second application.

So, Mrs Feierabend reapplied - and brought along additional evidence to a second interview at the embassy on 28 November. But her reception prompted her husband to lodge protests with the US consular officials.

Mr Feierabend said he was disgusted with the treatment of his wife by the consular officer complaining that she had been railroaded' out of the embassy after less than a minute.

'She was asked only one question about her reason to visit, then was dismissed with a refusal,' he added. 'The consular officer refused to even look at our additional evidence, despite my wife's insistence that she had new information to be viewed.

Mr Feierabend said he found highly offensive that the US government could interfere with hi family life in such a way.

And he told the Telegraph that he is so fed up with the '"shoddy way the US officials treat visiting seafarers, that he will no longer g there.

'With this recent fiasco regard fiasco the visa refusal for my wife and other incidents involving U authorities over the last couple o years, I have had enough, he added. 'I appreciate that there isn't' much to be done about my situation but a noise should be made.

'I am tired of being treated like  a terrorist when joining in U ports, joining my ship to find m suitcase contents have evidently been emptied onto a floor somewhere and just stuffed back in any old how - that's if I have my luggage at all after transiting a US airport..

'I am tired of the attitude of the authorities when we visit US ports or airports - "We are government officials and we carry guns", to quote a CBI? officer's response to being refused entry to the ship without identification as per ISPS.' he added.

'I am tired of the pedantic bureaucratic barrage that the authorities foist upon us,' Mr Feierabend said. 'I am just tired of anything to do with the US. Trading to this country is a chore.'


Adulterated bunkers 'A Health Risk'

Concern at fuel contamination

Concerns over the health arid safety hazards facing seafarers exposed to emissions from ships' fuel were discussed at December's Nautilus UK Council meeting.

Senior national secretary Allan Graveson told members that the Union is concerned that the risks of exposure to gases and particulate matter have not featured in the industry debate over the potential switch from heavy fuel oil to distillates.

He said members attending the professional and technical forum have also raised alarm about the problems posed by contaminants being deliberately introduced into bunker fuels.

The shipping industry has already seen evidence of bunker fuels being adulterated with lubricating oils, and there are now cases in which dangerous chemicals have been detected.

Back in 2005, the fuel testing company Lintec warned that such contamination posed a potential risk to the health of ships' crews and the operation of vessels.

The company - which uses gas chromatography mass spectrometry to test for contaminants that can cause severe engine damage or which pose a health risk issued the warning after it found unacceptably high levels of the chemical styrene monomer during routine screenings.

Lintec also warned recently that it has detected a lot of hydrogen sulphides in fuels-which can cause serious health problems if inhaled by crew members.

Council chairman John Epsom said there is unease that even deliveries from reputable firms have been affected by contamination problems.

'By the time you find out, it is too late - the fuel has been burned, he added.

Brian Hoare said he was surprised that more companies were not using fuel analysis programmes to avoid engine damage.

And he suggested the problem of bunker contamination should be raised at the International Maritime Organisation as evidence that MARPOL Annex VI is not working.

Mr Graveson said some ports were notorious for utilising bunkers to dispose of waste products. 'In effect, this has meant that vessels - unknown to operators and seafarers - have been used as mobile incinerators,' he added.

Whilst tests could be carried out to detect certain contaminants, Mr Graveson said they tend to be very specific and require advance knowledge of the suspect substances.

Nautilus UK is backing moves to switch the industry from the use of heavy fuel oil, he added. 'We need to acknowledge we have a problem that needs to be addressed if we are to truly state that shipping is the most environmentally-friendly form of transport,' he argued.

'There is a danger that if the IMO does not act quickly, we will see regional action on the issue,' Mr Graveson warned.


Owner voice Support for switch from heavy fuel  oil to distillates

LEADING shipowner groups have backed moves for the industry to switch from the use of heavy fuel oil to distillates.

Meeting in Athens last month, leaders of the 'round table' of owners' groups - BIMCO, Intercargo, Intertanko and the International Chamber of Shipping - endorsed the findings of a special expert working group set up to evaluate different fuel options.

The government-industry working group had been established by the International Maritime Organisation in response to pressure for shipping to cut its greenhouse gas emissions through a revision of MARPOL Annex VI requirements.

The round table associations said they supported the adoption by the end of this year of 'new and more stringent regulations for air emissions covered by MARPOL Annex Wand urged IMO member states to continue their efforts 'to find appropriate and pragmatic solutions that will have a net benefit on the environment on a global basis'.

However, the round table also stressed the need for IMO member states to do more to implement existing legislation including the provision of reception facilities worldwide.

'It is unacceptable that, so many years after the regulations came into force, there are still no adequate reception facilities in a large number of ports, while ports

having such facilities charge excessively for their use - thus deterring ships from using them,' the organisations warned.

'Charging for reception facilities within the overall port charges, rather than based on individual usage, would be more transparent,' the statement added. 'The four chairmen strongly believe that the provision of reception facilities will go a long way towards eliminating operational pollution.'


Piles of problems for seaferers revealed

MARINE insurers have noted a an increase in the number of cases involving seafarers who have had to leave their ship-or have been repatriated - suffering from haemorrhoids, the condition commonly known as piles.

These are swollen enlarged veins in or around the anus, which occur when engorged blood vessels retard or obstruct the blood flow.

According to the latest newsletter published by the North of England PM Club, the exact cause is unknown. Despite what is sometimes said, piles are not the result of sitting on hot radiators or cold floors, it says.

Those affected may not even have symptoms, but if they do, the association lists the most common as: fresh bright-red

bleeding from the anus; itchiness around the anus; a pain around the anus or lower rectum; or a feeling of something like a bulge or lump descending at the anus giving the sensation that the bowel has not been properly emptied.

Factors that may increase the chances of someone getting piles include: genetics - you're more at risk if either parent suffered from them; an unhealthy and especially low-fibre diet; heavy lifting jobs; being overweight; and chronic straining with constipation or diarrhoea.

Haemorrhoids usually disappear quite quickly, but if they persist or worsen, a doctor should be consulted. There are several remedies, but in extreme cases, simple surgery


Fresh Alert Over Yachts

 Nautilus concern as MAIB report highlights scale of incident involving ships and leisure craft.

FURTHER concerns over hazardous incidents involving merchant ships and yachts have been raised in a report on a collision off the UK east coast last year.

The Marine Accident Investigation Branch said the collision - involving the Bahamas-flagged LGG Gas Monarch and the 50ft yacht Whispa - was one of 87 hazardous incidents and 15 collisions between merchant vessels and yachts it has recorded over the past decade.

Its report noted 'very strong similarities' between the Gas Monarch incident and the loss of the sailing yacht Ouzo. In this case, the gas tanker lost the radar contact with the yacht when the vessels were less than three miles apart, with visibility reduced to between lOOm and 150m.

The MAIB said the collision - which left the Whispa badly damaged - was the result of failures by both vessels to abide by the collision prevention regulations in thick fog some six miles off Lowestoft.

The report criticises the 'high degree of complacency' shown by the Gas Monarch's master in leaving the bridge, despite the reduced visibility, in the hands of the third mate who was on his first trip as an officer.

It said the master had condoned the 'improper navigational status' of his vessel, which was travelling at an unsafe speed given the fog, failing to use sound signals and not operating with an extra person on the bridge for hand-steering.

The report also notes that the Whispa's skipper had wrongly concluded from his radar that the two vessels were on a collision course, and - when the vessels were Less than a mile apart - had made a significant starboard course alteration hoping that the merchant ship would also alter course to starboard to avoid a collision.

Accident investigators found 'deteriorated performance and accuracy' of radars on both vessels - with a faulty heading marker on the yacht's equipment making it 'a potential liability rather than an aid

Investigations revealed that Gas Monarch's radar magnetrons had deteriorated beyond an acceptable level, and that operator inexperience may have resulted in the anti-rain clutter being set too high.

The Filipino-crewed gas tanker was exempt from ARPA requirements, and the third officer - who had never previously served on a ship without ARPA
had failed to use the electronic tracking facilities on the vessel's two radars.

The report points out that the Whispa's skipper held an RYA Yachtmaster Offshore certificate of competency, with an endorsement allowing him to act as skipper on commercial sailing vessels of up to 200gt. It also notes that there is no mandatory requirement for radar training to gain this certificate and it recommends that the MCA reviews its training and qualification requirements for the skippers and crews of small commercial vessels.

Investigators also expressed concern that the gas tanker's third officer had failed to call the master to the bridge until eight minutes after the collision. The report notes that, immediately after the collision, the officer was in a state of shock

- but it expresses concern that 'I immediate reaction to the incident v not to take action to verify the status of Whispa and make preparations to provide the yacht's crew with assistance required'.

Nautilus UK senior national secret Allan Graveson commented: 'There
clearly issues of competency and equipment this and other similar cases.

'Companies need to invest in equipment, above the minimum requi ment, and ensure that the highest su dards of training are applied in its use.

Yachts also need to be aware of the difficulties that are experienced by watt keepers on merchant vessels in detecting  yachts in adverse weather conditions; added, 'and they should take all steps ensure they are detectable:


Chief engineer jailed for waste dumping

FOUR CHIEF engineers from the same company have been found guilty by the US courts on charges of deliberate marine pollution and last month one was sentenced to six months in prison.

Mark Humphries former chief engineer of the US-flagged car carrier Tanabata, was imprisoned by the Baltimore District Court for conspiracy to make illegal discharges of oily waste and lying to the Coast Guard.

Mr HumphrieS was also fined $i,ooo and sentenced to two years of supervised release.

The court heard that the Tanabata operated by Pacific Gulf Marine - had a removable pipe that was used to bypass the oily water separator and discharge waste into the sea. Mr HumphrieS' brmer colleagues testified that he

had referred to the pipe as the 'illegal pipe' and directed that it be hidden when the ship was in port so it would not be discovered by the Coast Guard.

Mr Humphries had attempted to conceal the crime by making falsified entries in the Tanabata'S oil record book. The jury heard that this practice had involved a number of subordinate crew members in the engine department, including trainees.

PGM has admitted charges of making illegal discharges of oil contaminated waste from four of its ships and has been fined $1M plus $500,000 in community service payments.


Alarm at US plan to extend VTS powers

US MARITIME unions have expressed concern over proposals to give vessel traffic services the power to order ships to change speed or direction in the event of emergencies or hazardous conditions.

The plans have been put forward in a package of draft regulations tabled in response to an incident in which the containership Cosco Busan struck San Francisco's Bay bridge - leading to a 58,000 gallon oil spill, killing more than 20,000 seabirds and generating $ 61m in clean-up costs.

The incident triggered a rash of lawsuits and the suspension of the Cosco Busan's pilot's licence. But it is the proposed Maritime Emergency Prevention Act that has generated the most controversy among mariners.

The measure - which has been referred to the Senate's transport committee - would give the US Coast Guard the authority to intervene if a ship is in imminent danger or distress. It would also authorise some $20m funding for the USCG to upgrade VTS technology and would require federally licensed pilots to use 'laptop navigation computers, where practicable and necessary'.

George Quick, vice president of the Masters Mates & Pilots

union, said the potential for accidents will increase if control is taken from the master and pilot and transferred to a land-based unit with fewer decision-making resources. 'Permitting VTS to direct traffic is not going to eliminate pilot error ,he argued.

One deck officer expressed concern that land-stabilised radar screens provide different information from ship-stabilised radar, and other officials found it particularly galling that the legislation partially absolves the USCG from the consequences of its decision-making by prohibiting 'civil action in federal or state court' as a result of its orders.

'How can you hold a ship or pilot liable for following the command of the WS?; said Mr Quick. 'If the Coast Guard insulates itself from liability, who pays for the clean-up?'

While there was generally consensus on the proposed requirement that all pilots carry their own laptop computers aboard ship, suggestions that all large vessels have two escort tugs was a definite sore spot. 'There is no purpose for

a tug unless the vessel loses said Mr Quick. 'A tug doesn't  navigation but can reduce way if a ship can't back-up on its own.

Many felt that the plant impractical over-reaction Cosco Busan incident Francisco pilots handle moves annually and there are between 250,000 to 300,00  moves nationally,' said Mr 'We shouldn't let one a change the dynamics of the historical  relationship between pilot and VTS.'
 

Bid to increase box ship liabilities in US waters

CONTAINERSHIP oil spill liabilities in the United States could be increased to match that of tankers under legislation introduced in the Senate.

Proposed amendments to the Oil Pollution Act have been tabled by California senators Barbara Boxer and Dianne Feinstein in response to the Cosco Busan accident in San Francisco (see above).

The measures would equalise the liability levels for cargoships and tankers and would permit the government to invest surplus money in the fund for restoring oil spill damage.

Officials testifying on the proposals at a hearing of the sub-committee on oceans, atmosphere and the Coast Guard agreed that standards for 'non-tank vessels' should be strengthened to address the heightened oil spill risk posed by ever-larger cargo-carrying ships and increased traffic overall.

Under current law, tanker liability is capped at $3,000 per gross ton for double-hull tankers, $1,900 per gross ton for those with single hulls and $950 per gross ton for cargoships.

Susan Fleming, of the General Accountability Office, said that there were 51 oil spills with cleanup costs of $lm or more in the US between 1990 and 2006. Of these, tankers or tank barges accounted for 24 and non-tank vessels 27 including 15 cargoships.

Ten of the spills exceeded the limits of liability, resulting in claims of about $252m on the government's clean-up fund.

Together the government's Oil Spill Liability Trust Fund and the 'responsible parties' spent between $860m and $1.lbn in clean-up and compensation.

The Coast Guard adjusts the OPA liability limits every three years. Commandant Admiral Thad Allen said they were increased significantly in 2006, but argued that 'further increases should be considered, including increases for non-tank vessels'.

(With thanks to the Shipping Telegraph, journal of NAUTILUS)

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Contributions

Spam emails by Peter Gallo

It may come as a surprise to some readers of this publication that your Editor, normally a mild mannered gent whose career at sea was clearly a sad loss to the Diplomatic community, retains a quite encyclopaedic vocabulary of abusive language.

Filthy langauage, guaranteed to make a sailor blush, causes offence to his long-suffering wife every morning as – with monotonous regularity – he finds yet another cunningly worded e-mail from some Nigerian gentleman, offering to split a multi-million dollar fortune with him of only he will come along and claim it.

Swearing, however, no matter how colourful, simply does not work. The c***s can't hear you.

These spam e-mails are, undoubtely, one of the curses of the modern age.  Indeed, if Moses had only known to threaten the Pharoah with a plague of Nigerian 419 fraud e-mails, he may well have had the Isrealites released a lot sooner.

It is true that a good keel-hauling would indeed be appropriate for any little b*****d who sends these cursed e-mails, but new Health & Safety rules don't allow you. (You might fall overboard if you don't have a proper harness.)

The c***s who perpetrate these frauds do so because we fail in our social responsibilities to protect the weak, and they do so because we fail in our social responsibilities to poke the  little f****rs in the eye!

Imagine, if you will, the 'gentleman' who sends out a million of these spam e-mails.

The vast majority will be trapped by spam filters, or will simply be deleted on receipt, but a tiny percentage of the million will get through to someone gullible enough to believe that all his Christmasses have, in fact, come at once.  Some of them will go on to lose money, and having done so, will compound their stupidity by sending them more, and more and more....

In the history of human civilisation, nobody has actually ever received a fortune as a result of these scams, and there have been himan beings wandering the surface of this earth looking for easy mont for a considerable number of years now!

A mass mail shot advertising soap powder, a pizza parlour or a new brand of toilet paper would be considered a great success if it had a 2% success rate. Nigerian fraudsters, however, are happy with a strike rate that has been reported to be something closer to 0.0015%.  In real numbers, however, that means the result of sending a million e-mails, 15 idiots will be parted from their money. Its not rocket science to understand why they do it. 

Now, consider for a moment the frightening possibility that when our friend in Abuja opens his e-mail in the morning, instead of a success rate of 0.0015%, he has been extraordinarily fortunate and got 0.1% - that is one in a thousand people replied to his e-mail.   Now he has 1,000 replies to a million e-mails, and as anyone who has ever been faced with 1,000 messages in his inbox will tell you..... that is simply too many to deal with.

Especially as every last one of them purports to be a potential sucker with money he is just desperate to send.... 

How do you deal with 1,000 enquiries, all of who essentially say “Yes, Sir! Look no further, I am very interested in doing business with you.” ?

Even though it only costs you a minute and a half to send a reply to an e-mail, on your own  unfortunately, you are just a time waster.  A thousand of us with the same idea, however, and the time-wasting has just gone through the tin roof.... 

Consider also what would happen if, in addition, to sending a reply, we were each to attach a modest 500K file, perhaps a scanned PDF file or a photograph of yourself.  Even with the generous allocation of storage space offered by some web-based e-mail providers, this will soon fill up most mailboxes and undo all his work for the day.

Tomorrow is another day.  Tomorrow our intrepid con artist will try again, with another million e-mails from a different e-mail address, and if he gets a thousand replies to that one too, and eventually, they will get sick of it and stop.

Alternatively, we could leave it to some Government initiative, which will cost millions and conclude that nothing can be done..... 

Scambaiting is more than just revenge; it is a way to relieve the stress of the working day, empowering the honest working man or woman to vent their annoyance on anyone who comes within range. 

Should you be interested in returning a two-finger gesture to darkest Abuja..... you are invited to download the “e-terrorist manual” entitled “Death of the 1,0000 Cuts” from

http://www.asiamaze.com/Asiamaze_Death_1000_Cuts_1.pdf

Alternatively, google the word “scambaiting” and see what others have done.

You can do the same, and every person who takes this up as a hobby is helping fight the good fight, and doing more than all the official government responses on how to deal with this problem; its e-vigilantism in action! 

(ED.  My thanks to Peter Gallo for this insight!)


[Top]

Midships

Flag of convenience registration comes back to bite

So a Danish owned tug with a multinational crew has been hijacked off Somalia.  Being registered in St Vincent & the Grenadines, the Danish authorities have not, as a matter of course, sent in a gun ship to assist the crew stating that the vessel does not fly the Danish Flag.  Whilst we sympathise with the officers and crew and believe that all should be done to free them and their ship, we agree with the Danish authority's actions.  After all, the owners shunned their national flag for a cheaper version.  If this had happened forty years ago the ship would have been registered in its owners' country with a crew of the same nationals employed by the owner.  No confusion then!

Mike Wall

[Top]

Scuttlebut

ISPS

Conflicts continue to develop with respect to the implementation of the ISPS Code.  Each month, we will be listing some of the ways that the code interferes with normal ship operations which in some cases could be considered as hazardous together with transgressions of interest .....

[Top]

Insurance News

None this month.

[Top]

Wig & Gown

THE US federal court in Mark DeGeorge v Ace American has ruled in favour of an insurer in a dispute involving a claim under a marine policy for an injury sustained by a guest on board a pleasure craft.

James Mercante, of Rubin Fiorella & Friedman, who represented the insurer in the dispute, writes, "In this case, the insured's girlfriend jumped off the back of the boat while at anchor, injuring herself. The insured did not find out about it until later in the day when she complained of internal pain and he drove her to the hospital. The insured later called his broker to make sure the policy was in effect and to let the broker know of the incident. Neither the insured nor the broker reported the incident to Ace (the insurer) at that time. The insured's first notice to Ace was about seven months later. The first to report the incident to Ace was an attorney for the injured party.

"The court's ten-page opinion and order contains some important rulings, based on the arguments in summary judgment:

1. The testimony of the insured in his examination under oath prior to suit was heavily relied upon by the federal judge.

2. The accident need not be witnessed by the insured to trigger the insured's duty to give notice of loss to the insurer

3. Giving notice of loss as required by the policy terms is a condition precedent to coverage

4. Absent a valid excuse (and there was no valid excuse here), failure to give the required notice of loss ("as soon as possible") precludes coverage.

5. The Judge confirmed that New York's No Prejudice rule is still good law in federal court, despite some state courts shifting away from this insurer-favourable rule

6. Notice to the insurer by the injured party does not constitute notice under the terms of the policy, and notice by the injured party does not excuse the insured's failure to give timely notice to its marine insurer

7. Notice to the broker, as opposed to notice to an agent, is not sufficient to satisfy the requirement of notice to the insurer.

8. New York State Insurance Law's requirement that the insurer "timely disclaim" coverage does not apply to insurance in connection with oceangoing vessels.

9. The 36 ft craft on board which the injury was sustained was an 'oceangoing vessel' not because of its oceangoing capabilities, but because of the policy's express geographic limits contained in the policy that permitted Atlantic coastwise travel in the navigation warranty. Having contracted for Atlantic coastwise navigation, the insured was not permitted to take the position now that his vessel was not oceangoing."

(With thanks to Maritime Advocate on Line: editor@afterofficehours.com)

[Top]


Education and Training

Learn from the mistakes of others. You won't live long enough to make all of them yourself! 
(Don Robertson)

You can find more short courses in the USA in the Marine Surveyor's Web Site at http://www.marinesurveyor.com/educate.html

[Top]

Epistles

None this month.

[Top]

People

Witherbys, a seventh generation family publishing business merged with Seamanship International on the 22nd january 2008.

The fifty-fifty merger to create Witherby Seamanship International will bring day-to-day control of the business from London to Seamanships’s HQ in Livingston in Scotland. The merger puts together a dynamic, young company with ambitious growth plans with one that has a long established position in similar markets and which last year won the Queen’s Award for International Trade.

A shared factor between the two businesses is that both export more than 60% of their turnover. The merged business will have a turnover initially of around £3.5million and will have more than 400 specialist titles in the shipping, insurance and energy sectors. Their books, training manuals and CD-ROMs are exported to more than 180 countries around the world. 

Seamanship International is run by partners Iain Macneil and Kat Heathcote. Iain, the company’s managing director is an ex-mariner with 14 years experience. He set up the business 10 years ago to design and develop training and reference materials for the shipping industry. Heathcote, who has a 20-year background in the energy business including with BP and Wood McKenzie, joined the company in 2004 to work primarily on the business development side of the company.

Alan Witherby, chairman of Witherbys, will be chairman of the combined business and his wife, Kathleen will take a seat on the board. Alan said: “I am delighted that we have agreed a deal that will combine our two businesses. I am convinced that the best way for us to continue our family business that goes back seven generations is to join it with Seamanship International, a young company with traditional values.”

Iain Macneil said: “We are joining a business with a great tradition to one that uses the very latest approaches in publishing to deliver quality content to the shipping and marine sector around the world. Our aim to is to continue to grow the combined business organically but we shall also be looking at further acquisitions.”

Witherbys has been selling books for over a century but dates back much further. It was founded in 1740 in Brick Lane in London when Thomas Witherby opened a stationery shop in Birchin Lane next to the Sword Blade Coffee house.

The new business is now Trading as Witherby Seamanship International Ltd with Alan Witherby taking the role of Chairman, Iain Macneil taking the position of Managing Director and Kat Heathcote and Johan Mactelinckx assuming the same roles in the enlarged business and Kathleen Witherby also remaining as a Director. Stewart Heney, formerly Operations Director has taken the position of General Manager.

******

Jens FagePedersen

Danish navigators'union leader Jens FagePedersen has stepped down after 10 years in the post. The union says it wants to adopt a different approach to the leadership, with a chairman who is not a full-timer but who is employed in the maritime industry.

[Top]

Books and Videos

'A Lantern on the Stern' Volume 1 - The Early Years (ISBN 9781901231960) and Volue 2 - The Later Years (ISBN 9781901231977) published by Countyvise and edited by Canon Bob Evans available directly from him at:  1 Floral Wood, Riverside Gardens, Liverpool L17 7HR.  Tel: +44-151-727-3608.

These volumes tell the stories of some of the men that have contributed to the city of Liverpool's magnificent seafaring heritage. 

All proceeds will go Liverpool Seafarers' Centre, a new partnership between the Apostleship of the sea and teh Mersey Mission to Seafarers.

******

'Squre Rigger Days: Autobiographies of Sail'  Edited by Charles W Conville-Fife (ISBN 978 184415 695 5).  Cost GBP25.  Publsihed by Seaforth, 47 Church Street, Barnsley, South Yourkshire S70 2AS.

[Top]

Conference Reports

None this month.

(ED: If you intend to attend a conference which you believe would be of interest to our readers, we would be grateful to receive a short synopsis.)

[Top]

IMO Conventions

IMO regularly updates its web page with new and amended conventions:  http://www.imo.org/

Here you can browse through the various publications that are available and buy those which interest you. To navigate the publications you can either select one of the categories or use the advanced search.

For those of you who might also be interested, UK M Notices are available at:  www.mcagency.org.uk

[Top]

Future Events


If you have a marine related conference coming up, let us know so that we can mention it below:

NAMS Yachts and Small Craft Surveyor Education Program:

This is a recreational boating industry guided program for individuals planning to become certified yacht and small craft marine surveyors. NAMS participation has been organized by the NAMS Education Committee, Chaired by Greg Davis, NAMS-CMS, and has been formally endorsed by the National Association of Marine Surveyors (NAMS) Executive Committee.

The Marine Industry, represented by Boat US, NMMA, ABYC, NAMS, and SAMS, has produced a program that will instruct individuals wishing to enter the marine survey profession. Committee participants identified issues of importance that each industry segment had relative to marine surveyors, and incorporated elements into the program of instruction to address those issues. As a result, the content of the program has the support of the participating entities.

The program is a first in the Yacht and Small Craft marine survey profession. There are six components to the educational side of the program:

Basic Marine Electrical - ABYC Classroom Basic Marine Engines - ABYC Classroom
Valuation Concepts - NAMS Correspondence Standards Accreditation - ABYC Classroom
Composite Boat Building – ABYC Classroom Marine Corrosion - ABYC Classroom

The total cost of instruction is approximately $2,100. Program participants are expected to finalize work in no more than 3 years. Participants must be an active member of ABYC.

For NAMS aspirants, an applicant must also be an Associate or Apprentice member of NAMS. This will provide a “hands-on” component provided by their NAMS-CMS sponsor and or mentor.

Program Content:

Class Name
Class Provider
Class Location
Normal Class Cost NAMS Small Craft Apprentice Program Cost
Basic Marine Electric ABYC Classroom $495 $396.00 20% off
Basic Marine Engines ABYC Classroom $495 $396.00 20% off
Valuation Concepts NAMS Correspondence N/C
Standards Certification ABYC Classroom $525 $420.00 20% off
Composites Boat Builder ABYC Classroom $525 $420.00 20% off
Certification Marine Corrosion Certification ABYC Classroom $885 $442.50 50% off
Total $2925.00 $2074.50

It is recommended the member complete the basic classes first and the Marine Corrosion class last (in order to benefit the most from the 50% final class ABYC discount). With all the discounts the cost is a real bargain over normal registration . The ABYC 50% discount applies only to the last class taken, and the class must be taken within the parameters of this program’s requirements. Please call the NAMS office at 1-800-822-6267 to gain admittance to this program. Then contact ABYC at 1-410-990-4460, or www.abycinc.org., forward your NAMS acceptance letter, and schedule your first class.

Program requirements:
1. Must be a NAMS Apprentice, Associate or Certified member.
2. Applicant must be a member of ABYC.
3. Notify NAMS within your first year of membership that you are joining into this program.
4. Send a copy of your NAMS letter-advising acceptance into this program to the ABYC Education department when you register for your first class.
5. Complete the course of study above within three years of acceptance into this program.
6. Send copies of your course certificates of completion and request your CMS test to the NAMS national office.

******

SCMS holds a series of Buffet Lectures each year. The lectures cover a wide range of subjects that are of interest to Members and their guests.  They are held in London usually starting at 18:00 hrs. The winter programme will be published on the SCMS website http://www.scmshq.org  Those interested should send an email to sec@scmshq.org to be included on the announcement list.  CPD certificates are available for those attending.

******

13 – 15 April 2008.  NAMS 46th Annual National Marine Conference East, The Monteleone Hotel, New Orleans, LA.
Info: www.nams-cms.org for details; NAMS Headquarters Ph: 800 822-6267or (757) 638-9638

16 & 17 January 2008: Knox Marine Claims Conference, New Orleans at the Sheraton Metairie, Metairie, Louisiana. Both NAMS and SAMS have previously awarded 12 CEU's for attending the conference. For more details, and to register, go to the Knox Marine web site -
http://www.knoxmarine.com/conference/conference.html where topics and speakers are listed. Course tuition is $450. Groups of four or more receive a discount. For details contact Steve Knox at sknox@knoxmarine.com or 804.364.8738. We look forward to seeing you there.

APRIL 13 – 15 2008 NAMS 46th Annual National Marine Conference East, New Orleans, LA. Info: www.nams-cms.org for details; NAMS Headquarters Ph: 800 822-6267or (757) 638-9638

10-13 April 2008.  China International Boat Show (Shanghai)
www.boatshowchina.com
 
24-27 April 2008, Boat Asia (Singapore)
www.boat-asia.com
 
28-30 April 2008, Maldives International Boat Show (Maldives)
www.saexhibitions.com/boatshow

9-11 May 2008, Boat Thai (Bangkok)
www.boat-thai.com

OSR/EARL will be holding Oil Spill Clearance courses in February in Southampton and in Singapore in March 2008.  For  more information contact:

http://www.osrlearl.com/prepared_train_signup.htm

[Top]

Web Sites

FOR OUR REGULAR READERS, NO NEW WEB SITES THIS MONTH:

We are no longer publishing our list of useful web sites for marine surveyors due to the eventual size of the email being sent out.  If you wish to receive the list, please contact the editor at the email address below.

If your (marine surveying) company has a web site, let us know and we will try to mention it.  Below are some web pages we believe might be useful to marine surveyors:
 

[Top]

From the Poop Deck

How blonde?

She was SO blonde:

She thought a quarterback was a refund.

At the bottom of an application form, where it said 'Sign here', she wrote "Sagittarius."

She sent a fax with a stamp on it.

She spent twenty minutes looking at the orange juice carton because it said 'Concentrate'.

She studied for a blood test.

When she missed the 44 bus she took the 22 bus twice, instead.

When she went to the airport and saw a sign that said 'Airport Left', she turned around and went home.

When she heard that ninety per cent of all crimes occur in the home, she moved.

She thought she couldn't use her AM radio in the evening.

******

Out of the mouths …

SHE was in the bathroom, putting on her makeup, under the watchful eye of her young granddaughter, as she'd done many times before. After she applied her lipstick and started to leave, the little one said, "But Gran, you forgot to kiss the toilet paper good-bye!"

A WOMAN was called by her young grandson to wish her happy birthday. He asked how old she was, and she told him, "62." He was quiet for a moment, and then he asked, "Did you start at 1?"

A YOUNG girl was diligently pounding away on her grandfather's computer. She told him she was writing a story. "What's it about?" he asked. "I don't know," she replied. "I can't read."

A YOUNG girl came home from school and said to her grandmother, "Guess what? We learned how to make babies today." The grandmother, more than a little surprised, tried to stay calm. "That's interesting," she said. "How do you make babies?" "It's simple," replied the girl. "You just change 'y' to 'i' and add 'es'."

"WRITE a sentence about a public servant," said a teacher to her class. One small boy wrote, "The fireman came down the ladder pregnant." The teacher took the boy aside to correct him. "Don't you know what pregnant means?" she asked. "Of course," said the boy, confidently. "It means carrying a child."

******

Once upon a time in a village, a man appeared and announced to the villagers that he would buy monkeys for $10 each. The villagers seeing that there were many monkeys around, went out to the forest, and started catching them. The man bought thousands at $10 and as supply started to diminish, the villagers stopped their effort. He further announced that he would now buy at $20. This renewed the efforts of the villagers and they started catching monkeys again.
 
Soon the supply diminished even further and people started going back to their farms. The offer increased to $30 each and the supply of monkeys became so little that it was an effort to even see a monkey, let alone catch it!
 
The man now announced that he would buy monkeys at $50 ! However, since he had to go to the city on some business, his assistant would now buy on behalf of him.
 
In the absence of the man, the assistant told the villagers. 'Look at all these monkeys in the big cage that the man has bought and collected. I will sell them to you at $35 and when the man returns from the city, you can sell them to him for $50 each.'
 
The villagers rounded up with all their savings and bought all the monkeys. Then they never saw the man nor his assistant, only monkeys everywhere!
 
Now you have a better understanding of how the stock market works.

[Top]

Disclaimer:  Articles and reports reflect the views of the individuals who prepared them, and, unless indicated expressly in the text, do not necessarily represent the views of the editor.  Whilst every effort has been made to ensure that the information in this publication is accurate, the editor makes no representation or warranty, expressed or implied, as to the accuracy, completeness or correctness of such information.  The editor accepts no responsibility whatsoever for any loss, damage or other liability arising from any use of this publication or the information which it contains.  The contents of the publication are the responsibility of the editor alone.

News, views, enquiries, suggestions, articles and letters for inclusion in future editions of FLASHLIGHT may be sent to:

Mike Wall
Tel:  +852 2259 3150
Fax: +852 2259 3151
Email: mikewall@pacific.net.hk

 
     
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