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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certification withdrawn.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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