NAUTILUS P01 NOVEMBER 2009.qxd - Nautilus International
NAUTILUS P01 NOVEMBER 2009.qxd - Nautilus International
NAUTILUS P01 NOVEMBER 2009.qxd - Nautilus International
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November 2009 | nautilusint.org | telegraph | 11<br />
NEWS<br />
‘Drunk in<br />
charge’<br />
skipper<br />
is fined<br />
£1,000<br />
A fishing vessel skipper who<br />
Fwas more than twice over the<br />
legal limit and had to be rescued<br />
with his crew when his boat ran<br />
aground was fined £1,000 last<br />
month.<br />
Following the case, the Maritime<br />
& Coastguard Agency said it will now<br />
examine the suitability of the<br />
skipper — George Wood, from Ayr in<br />
Scotland — to hold a master’s<br />
certificate of competency.<br />
Mr Wood was charged with being<br />
over the prescribed limit when in<br />
charge of a boat after he failed a<br />
breath test when the 30m trawler<br />
Honeybourne III ran aground near<br />
Filey, North Yorkshire, in August.<br />
The multinational crew of seven<br />
all escaped unhurt, but Mr Wood —<br />
who had celebrated his birthday<br />
ashore on the previous night — was<br />
tested by police and found with<br />
81mg of alcohol in 100ml of breath,<br />
more than twice the 35mg limit.<br />
York Crown Court heard that Mr<br />
Wood has previous maritime<br />
convictions, including travelling the<br />
wrong way down the English<br />
Channel which resulted in a £3,000<br />
fine. He also has other minor<br />
convictions including failing to keep<br />
a proper log book, excessive use of a<br />
dredger and failing to notify his<br />
arrival at port.<br />
Mr Wood claimed that he was<br />
undertaking an anchor drill at the<br />
time and misread the tides.<br />
His lawyer, Jim Withyman, told<br />
the court that his client — who has<br />
21 years experience as a skipper —<br />
had lost his job as a result of the<br />
incident and may also have his<br />
certification withdrawn.<br />
Fining Mr Wood £1,000, Judge<br />
James Spencer told him: ‘I am doing<br />
that because you have lost your job<br />
and you stand the prospect of losing<br />
your master’s ticket.’<br />
Captain Jeremy Smart, head of<br />
the MCA’s enforcement unit,<br />
commented: ‘Being drunk in charge<br />
of any vessel is a very serious matter.<br />
It puts at risk not only all those<br />
onboard but other users of the sea.’<br />
Norway slammed over<br />
‘criminalisation’ case<br />
Unions and managers condemn ‘legally and morally indefensible’ treatment of officers<br />
Ship master jailed by US court<br />
The bulk carrier Full City aground off Norway after dragging its anchor during a storm in July Picture: Kystverket<br />
PSeafaring unions and<br />
ship managers have<br />
jointly condemned what<br />
they have described as the worst<br />
case of criminalisation since the<br />
‘Hebei Two’ controversy in Korea.<br />
In a hard-hitting statement,<br />
the <strong>International</strong> Transport Workers’<br />
Federation, Norwegian maritime<br />
unions and the international<br />
ship managers’ association<br />
InterManager accused the Norwegian<br />
authorities of ‘legally and<br />
morally indefensible’ treatment<br />
of two officers who have been<br />
detained since their ship ran<br />
aground after dragging its anchor<br />
in a storm in July.<br />
There was a small spillage of<br />
oil as a result, and prosecutors<br />
have filed charges of gross negligence<br />
against the Chinese master<br />
and third officer of the bulk carrier<br />
Full City.<br />
Hopes that the two men would<br />
be allowed to return home last<br />
month were dashed when an<br />
appeal court overturned a district<br />
court decision to give the men<br />
their passports.<br />
It also altered their bail conditions<br />
to keep them in the country<br />
pending a trial for negligence that<br />
is unlikely to be held until next<br />
year.<br />
‘This is looking all too much<br />
like another Hebei Spirit, where<br />
seafarers doing their job are<br />
hauled in front of a court to satisfy<br />
an illusory public requirement<br />
that someone gets punished<br />
when oil leaks onto water,’<br />
said Intermanager president<br />
Roberto Giorgi.<br />
HA Greek shipmaster has been<br />
jailed for six months and banned<br />
from US waters after admitting<br />
obstructing justice and breaking maritime<br />
safety and pollution laws.<br />
Capt Panagiotis Lekkas, master of the<br />
71,242dwt bulk carrier Theotokos, will also<br />
have to serve a further four months in a<br />
community confinement facility and pay a<br />
$4,000 fine.<br />
He was sentenced in federal court in<br />
New Orleans last month after pleading<br />
guilty to one count of obstruction of justice,<br />
one count of violating the Act to Prevent<br />
Pollution from Ships, and two counts<br />
of violating the Ports and Waterways Safety<br />
Act.<br />
‘This sentence, including the three-year<br />
ban from US territorial water, sends the<br />
message to ship crew members and captains<br />
that violating environmental and<br />
ship safety laws will have consequences,’<br />
said acting assistant attorney-general John<br />
Crudden.<br />
‘We are serious and we will continue to<br />
prosecute these cases and seek sentences<br />
that appropriately punish the crime.’<br />
The charges were brought after a US<br />
‘This automatic reaching for<br />
the handcuffs is emphatically not<br />
the way to solve the fact that<br />
sometimes ships get into trouble,<br />
and actively undermines all the<br />
efforts everyone in shipping puts<br />
into making sure that safety is<br />
made paramount.<br />
‘Norway, a nation that understands<br />
safe shipping more than<br />
most, has shot itself in the foot<br />
by pandering to ignorance of the<br />
realities and a desire to blame<br />
someone, anyone, when things go<br />
wrong,’ he warned.<br />
ITF general secretary David<br />
Cockroft added: ‘The criminalisation<br />
of seafarers — the vilification<br />
of workers for accidents that may<br />
be beyond their control – is one of<br />
the ugliest developments in shipping.<br />
‘Sadly, it appears that once<br />
again we are looking at a knee-jerk<br />
response to an incident, which,<br />
more sadly still, is happening in<br />
Coast Guard inspection on the Liberianflagged<br />
Theotokos discovered fuel leaking<br />
into the forepeak ballast tank. In addition,<br />
the ship’s oily water separator was not<br />
working property and bilge waste had been<br />
discharged directly overboard.<br />
Inspectors also found that crew members<br />
had failed to notify the USCG about a<br />
crack on the ship’s rudder stem, even<br />
though they had informed shore management<br />
about the problem some three<br />
months earlier.<br />
The investigation led to the first criminal<br />
prosecutions under US laws designed to<br />
the country where you’d least<br />
expect it.’<br />
Captain Hans Sande, director<br />
of the Norwegian Maritime Officers’<br />
Association added: ‘There is a<br />
wealth of maritime experience in<br />
Norway and we hope that some<br />
of it will find its way into the judicial<br />
process.<br />
‘If that happens, the court case<br />
will be dropped and the normal<br />
maritime investigation processes<br />
will be free to take action unfettered<br />
by political considerations<br />
or nods to public opinion.<br />
‘If common sense prevails,<br />
then the lessons of the grounding<br />
will be identified and learned,<br />
and the cargoes that we all rely<br />
on to sustain our way of life in<br />
every country in the world will<br />
travel that little bit more safely,’<br />
Capt Sande added.<br />
‘If not, we will once again see<br />
not just the criminalisation of<br />
these two men, but a new generation<br />
of potential ship’s officers<br />
deciding that the job isn’t worth<br />
the risk of being unfairly pilloried<br />
that increasingly seems to<br />
come with it.’<br />
control the spread of invasive species<br />
through ballast water, and also saw the<br />
ship’s chief officer and chief engineer being<br />
brought before the courts.<br />
The ship’s manager, Greek operator<br />
Polembros Shipping, has been fined<br />
US$2.7m and banned from operating any of<br />
its 20 owned or managed vessels in US<br />
waters for three years after admitting a<br />
series of related charges, including making<br />
false statements during the USCG investigation.<br />
The company will also pay<br />
$100,000 towards research into ballast<br />
water issues.<br />
Crew members on the<br />
FPanama-flagged<br />
containership Cosco Tianjin are<br />
pictured above helping to produce<br />
a new training film to counter the<br />
threat of pirate attack.<br />
Produced by Maritime Training<br />
Services, the DVD film — Piracy:<br />
Preparations, Precautions and<br />
Response — outlines a ship’s five<br />
key vulnerabilities, identifies active<br />
and passive defensive measures,<br />
introduces anti-piracy technologies<br />
and explains how to apply your<br />
ship security plan.<br />
Many of the scenes were shot<br />
onboard the 66,380gt Cosco Tianjin<br />
— with the crew simulating<br />
mustering exercises, stocking the<br />
safe haven or citadel, and removing<br />
weapons, all as precautions against<br />
piracy attack.<br />
BIMCO offers<br />
new service<br />
for security<br />
The international shipowners’<br />
Dorganisation BIMCO has<br />
launched a new ‘one-stop shop’ to<br />
help owners and seafarers to assess<br />
the security risks of specific voyages.<br />
Its new Automated Voyage Risk<br />
Assessment tool (AVRA) has been<br />
developed in conjunction with private<br />
security consultants Aegis and the<br />
<strong>International</strong> Maritime Bureau to<br />
assess the level of all sorts of nonnavigational<br />
risk that need to be<br />
considered during the full extent of a<br />
voyage — including piracy,<br />
stowaways, and people or drug<br />
smuggling, as well as the level of<br />
crime and robbery in port and at<br />
anchor and the problems of<br />
corruption which may arise in some<br />
parts of the world.<br />
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