Manual-Ingles Tecnico Maritimo II

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UNIVERSIDAD DEL ISTMO

PROGRAMA ANALTICO

CARRERA

LICENCIATURA EN ADMINISTRACIN DE NEGOCIOS

MARTIMOS CON NFASIS EN PUERTOS Y TRANSPORTE

MULTIMODAL

MATERIA:

INGLS TCNICO MARTIMO II

PRERREQUISITOS:

INGLS TCNICO MARTIMO I

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NDICE

ndice ................................................................................................................ 2 1 Introduccin ............................................................................................... 5 2 Presentacin .............................................................................................. 7 3 Carta al Participante ................................................................................... 9 4 Objetivos de la Asignatura ........................................................................ 10 5 Perfil del Docente ..................................................................................... 12 6 Programa .................................................................................................. 13 7 Esquema Conceptual de la Materia .......................................................... 15 8 Module 1.Ocean pollution ........................................................................ 16

8.1 Content .............................................................................................. 16 8.2 Objectives of the module ................................................................... 16 8.3 Graphic concept of the module .......................................................... 17 8.4 Lectures.............................................................................................. 18

8.4.1 Lecture 1: Oil pollution ................................................................. 18 Ocean pollution .............................................................................................. 18

8.4.2 Lecture 2: Heavy metal pollution .................................................. 27 8.4.3 Lecture 3: Radioactive pollution .................................................. 31 8.4.4 Lecture 4: Waste disposal ............................................................ 33 8.4.5 Lecture 5: MARPOL 73/78 ........................................................... 37 8.4.6 Auto evaluation ............................................................................ 42

8.5 Videos ................................................................................................ 42 8.5.1 Video: The legacy of Exxon Valdez ................................................ 42 8.5.2 Video: BPs Deepwater Horizon oil rig disaster ............................. 43

8.6 Assignments ....................................................................................... 43 8.6.1 Individual assignment .................................................................. 43 8.6.2 Group assignment ........................................................................ 43

9 Module 2.Collisions and savage ................................................................ 44

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9.1 Content .............................................................................................. 44 9.2 Objectives of this module ................................................................... 44 9.3 Graphic concept of the module .......................................................... 45 9.4 Lectures.............................................................................................. 46

9.4.1 Lecture 6: COLREGs ..................................................................... 46 9.4.2 Lecture 7: Reports in case of marine casualties ........................... 50 9.4.3 Lecture 8: Marine salvage ........................................................... 53 9.4.4 Lecture 9: Salvage contracts ......................................................... 59 9.4.5 Auto evaluation ............................................................................ 65

9.5 Videos ................................................................................................ 65 9.5.1 Code Red: Adriyatic ...................................................................... 65 9.5.2 Video: Pearl Harbor Salvage Operations ...................................... 65 9.5.3 Video: Marine Salvage Basics ....................................................... 66

9.6 Assignments ....................................................................................... 66 9.6.1 Individual assignment .................................................................. 66 9.6.2 Group assignment ........................................................................ 66

10 Module 3.Labour disputes and disciplinary procedures ........................ 67 10.1 Content ........................................................................................... 67 10.2 Objectives of this module ................................................................ 67 10.3 Graphic concept of the module ....................................................... 68 10.4 LECTURES ........................................................................................ 69

10.4.1 Lecture 1:International Labour Convention .................................. 69 10.4.2 Lecture 2: Crimes committed at sea: Maritime piracy .................. 73 10.4.3 Lecture 3: Maritime liens .............................................................. 83 10.4.4 Lecture 4: General averages ......................................................... 86 10.4.5 Auto evaluation ............................................................................ 89

10.5 Videos ............................................................................................. 89 10.5.1 MV Faina Pirates hostage .......................................................... 89

10.6 Assignments .................................................................................... 90 10.6.1 Individual assignment .................................................................. 90 10.6.2 Group assignment ........................................................................ 90

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11 Module 4.Stowaways and refugees ....................................................... 91 11.1 Content ........................................................................................... 91 11.2 Objectives of this module ................................................................ 91 11.3 Graphic concept of the module ....................................................... 92 11.4 LECTURES ........................................................................................ 93

11.4.1 Lecture 1: Definition of stowaways .............................................. 93 11.4.2 Lecture 2: Precaution to prevent stowaways ................................ 95 11.4.3 Lecture 3: International procedures regarding stowaways ........... 98 11.4.4 Auto evaluation .......................................................................... 103

11.5 Videos ........................................................................................... 103 11.5.1 Stowaways Maritime training ................................................. 103

11.6 Assignments .................................................................................. 103 11.6.1 Individual assignment ................................................................ 103 11.6.2 Group assignment ...................................................................... 104

Bibliography ................................................................................................. 105

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1 INTRODUCCIN

En la era de la globalizacin, el lenguaje se convierte en un elemento

imprescindible para la comunicacin, la negociacin y para culminar los

intercambios mercantiles. Esto constituye un rasgo esencial para

adecuarse a las normas que imperan en el funcionamiento de las

actividades econmicas.

En el campo de las actividades martimas, el ingls est reconocido como la

lengua de trabajo por la Organizacin Martima Internacional (OMI).

Sumado a esto, las comunicaciones en ingls adquieren cada da una

mayor importancia en el proceso de estandarizacin de las gestiones

realizadas para el desarrollo del transporte martimo, a la luz del creciente

nmero de intercambios internacionales de mercancas y de servicios por

va martima, y debido a la proliferacin de profesionales que hablan

idiomas diferentes.

Es por estas razones que los estudiantes de la carrera de Administracin

de Negocios Martimos con nfasis en Puertos y Transporte Multimodal

requieren dominar el idioma ingls y de la terminologa de trabajo.

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Este manual pretende proporcionar una gua til que aporte el material

adecuado y de apoyo en el proceso de aprendizaje iniciado en el mdulo de

Ingls Tcnico Martimo I.

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2 PRESENTACIN

Reciban una cordial bienvenida al mdulo denominado Ingls Tcnico

Martimo II.

El curso ha sido diseado para ofrecer al alumno oportunidades para

practicar y aplicar, en situaciones reales de trabajo, el idioma ingls, a la

vez que va adquiriendo vocabulario y terminologa propia de la carrera.

Para alcanzar los objetivos de este curso, se requiere realizar actividades

grupales e individuales; pero sobre todo, exige un considerable

compromiso por parte del estudiante. Se recomienda que cada individuo

analice su nivel de ingls y en base a este, administre su tiempo de auto

aprendizaje.

A continuacin, presentamos la distribucin de los contenidos analticos

del presente curso de acuerdo a sus actividades y tiempo de realizacin.

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Actividad H/Sem. H/Cuatrimestre Crditos

Teleclases 2 8

Trabajo en grupo 2 8

Tutor online 5 20

Auto aprendizaje 27 108

Total 36 144 3

El material ser cubierto en cuatro (4) semanas y su contenido se divide en

cuatro mdulos (4) a saber:

1. Ocean pollution

2. Collisions and salvage

3. Labor disputes and other legal aspects

4. Stowaways and refugees

Cada mdulo se divide en unidades y por cada mdulo hay tareas y/o

actividades especficas que se deben entregar en las fechas asignadas.

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3 CARTA AL PARTICIPANTE

Los temas que componen el ingls tcnico martimo, revisten gran

importancia por las diversas variables que convergen en el transporte

martimo internacional.

Debemos ser conscientes que la industria martima en sus diferentes

etapas exige al profesional el conocimiento de un determinado nivel de

complejidad tcnica, comercial y econmica. Por su alto nivel de

globalizacin en el que intervienen diversos actores, de diferentes culturas

e idiomas, el ingls tcnico martimo brinda el punto de enlace para una

comunicacin efectiva

Es innegable que el contenido de este material, se hace de mayor valor

agregado al incluir elementos actualizados, lo cual hace de obligado

cumplimiento su estudio y su anlisis, por todo aquel que decida trabajar

en el fascinante mundo martimo.

Estimados participantes, Bienvenidos!

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4 OBJETIVOS DE LA ASIGNATURA

Objetivos Generales

Desarrollar la comprensin auditiva y la conversacin utilizando los

diferentes elementos y destrezas del idioma Ingls para expresar

ideas y pensamientos e interpretar lo expuesto por otras personas

en el quehacer empresarial y de negocios.

Adquirir los fundamentos gramaticales bsicos, el vocabulario y la

terminologa que le permita comunicarse en forma oral y escrita e

interpretar textos escritos relacionando todo este contenido a su

ambiente de trabajo.

Destacar la importancia del ingls en el sector martimo nacional e

internacional.

Objetivos Especficos

To get information about the ocean pollution.

To point out the importance the proper disposal of wastes.

To find out information the different types of pollutants.

To give information about MARPOL.

To discuss the responsibilities in case of maritime casualties.

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To evaluate the different situation between vessels that might end

up as a casualty.

To prepare reports in case of maritime casualties.

To comprehend salvage contracts and services.

To evaluate the laws related to seamen.

To comprehend the various offenses and crimes committed at sea

and their penalties.

To discuss about maritime liens.

To evaluate the risk of stowaways.

To prevent stowaways.

To discuss the procedures regarding stowaways.

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5 PERFIL DEL DOCENTE

La profesora Ana Raquel Ulloa es ingeniera industrial, egresada de la

Universidad Catlica Santa Mara la Antigua. Posee maestras en Gestin de

Proyecto de la Universidad Tecnolgica de Panam, Economa y Logstica

Martima de la Universidad Erasmus de Rotterdam y Educacin Superior

de la Universidad del Istmo.

Cuenta con una experiencia de ms de casi diez aos en la Industria

Martima y Logstica e incluye empresas como APM Terminals, Maersk

Line, Panama Ports Company, entre otros, en asignaciones en Rotterdam,

Miami y Panam. Es consultora Logstica y Martima. En los ltimos aos

ha dictado cursos a nivel de Licenciatura y Maestra en diferentes

universidades panameas.

Es miembro de la Red de Expertos Iberoamericanos en Energa y Gestin

Portuaria y miembro de la Asociacin Internacional de Economistas

Martimos.

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6 PROGRAMA

A continuacin se presenta el programa de la materia ingls tcnico

martimo presentado en mdulos y unidades de estudio.

Module 1. Ocean pollution.

UNIT 1. Oil pollution

UNIT 2. Heavy metal pollution

UNIT 3. Radioactive pollution

UNIT 4. Waste disposal

UNIT 5. MARPOL

Module 2. Collisions and salvage.

UNIT6. COLREGs

UNIT7. Reports in case of marine casualties

UNIT 8. Marine salvage

UNIT 9. Salvage contacts

Module 3. Labor disputes and crimes committed at sea.

UNIT 10. Maritime Labor Convention

UNIT 11. Crimes committed at sea: Maritime piracy

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UNIT 12. Maritime liens

UNIT 13. General average

Module 4. Stowaways and refugees.

UNIT 14. Definitions of stowaways

UNIT 15. Precautions to prevent stowaways

UNIT 16. International procedures regarding stowaways

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7 ESQUEMA CONCEPTUAL DE LA MATERIA

Technical Maritime English II

Ocean pollution

Collisions and savage

Labor disputes and

crimes committed at

sea

Stowaways and refugees

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8 MODULE 1.OCEAN POLLUTION

8.1 CONTENT

UNIT 1. Oil pollution

UNIT 2. Heavy metal pollution

UNIT 3. Radioactive pollution

UNIT 4. Waste disposal

UNIT 5. MARPOL

8.2 OBJECTIVES OF THE MODULE

At the end of this module, the student would be able to:

To get information about the ocean pollution.

To point out the importance the proper disposal of wastes.

To find out information the different types of pollutants.

To give information about MARPOL.

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8.3 GRAPHIC CONCEPT OF THE MODULE

Ocean pollution

Oil pollution

Heavy metal

pollution

Radioactive pollution

Waste disposal

MARPOL

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OCEAN POLLUTION

POLLUTION IN THE OCEAN IS

A MAJOR PROBLEM THAT IS

AFFECTING THE OCEAN AND

THE REST OF THE EARTH,

TOO. POLLUTION IN THE

OCEAN DIRECTLY AFFECTS

OCEAN ORGANISMS AND

INDIRECTLY AFFECTS HUMAN

HEALTH AND RESOURCES.

OIL SPILLS, TOXIC WASTES,

AND DUMPING OF OTHER

HARMFUL MATERIALS ARE ALL

MAJOR SOURCES OF

POLLUTION IN THE OCEAN.

PEOPLE SHOULD LEARN MORE

ABOUT THESE BECAUSE IF

PEOPLE KNOW MORE ABOUT

POLLUTION IN THE OCEAN,

THEN THEY WILL KNOW MORE

ABOUT HOW TO STOP

POLLUTION.

8.4 LECTURES

8.4.1 Lecture 1: Oil pollution

When it comes to mixing oil and water, oceans suffer

from far more than an occasional devastating spill.

Disasters make headlines, but hundreds of millions of

gallons of oil quietly end up in the seas every year,

mostly from non-accidental sources.

The graph below shows the average quantity of oil

each source puts into the oceans worldwide.

THE NATIONAL ACADEMIES, 2002

600

38

150

480

0 100 200 300 400 500 600 700

Natural seeps

Extraction

Transportation

Consumption

Average annual input of petroleum

to marine waters by source,

1990 - 1999 (kilotons)

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Consumption of petroleum - Down the drain

Used engine oil can end up in waterways. An average oil change uses five quarts;

one change can contaminate a million gallons of fresh water. Much oil in runoff

from land and municipal and industrial wastes ends up in the oceans.

Transportation of petroleum - Routine

Maintenance

Every year, bilge cleaning and other ship

operations release millions of gallons of oil

into navigable waters, in thousands of

discharges of just a few gallons each.

Consumption of petroleum - Up in Smoke

Air pollution, mainly from cars and industry, places hundreds of tons of

hydrocarbons into the oceans each year. Particles settle, and rain washes

hydrocarbons from the air into the oceans.

Natural Seeps

Some ocean oil pollution is natural. Seepage from the ocean bottom and eroding

sedimentary rocks releases oil.

VESSEL MAINTENANCE

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Transportation of petroleum - Big Spills

Only about 5% of oil pollution in oceans is due to major tanker accidents, but

one big spill can disrupt sea and shore life for

miles.

Extraction of petroleum - Offshore Drilling

Offshore oil production can cause ocean oil

pollution, from spills and operational discharges.

Accidents

Large spills, even though a relatively minor source of ocean oil pollution can be

devastating. The same amount of oil can do more damage in some areas than

others. Coral reefs and mangroves are more sensitive to oil than sandy beaches

or sea-grass beds.

Oil-covered fur or feathers can't insulate marine mammals and diving birds from

cold water, and when an animal cleans itself, it also swallows oil.

Even if oil exposure isn't immediately lethal, it can cause long-term harm.

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Most of the world's largest oil spills fit into three different categories:

Tanker accidents account for most of the world's oil spills that exceed 1 million

barrels. Although large out-of-control well spills have not occurred frequently

they are responsible for some of the largest spills.

Summaries of the spills shown on the map are presented in the paragraphs

Largest oil spills

Acts of war

Out of control wells

Tanker accidents

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below.

Gulf War Oil Spill (1991 - Kuwait)

During the Gulf War, Iraqi forces invaded Kuwait. As they were being driven out

by Coalition forces they opened pipeline valves at the Sea Island Oil Terminal,

spilling the oil onto the ground. They also spilled the cargo of tankers into the

Persian Gulf. During their retreat they set many fires at wells and pipeline

terminals. It is impossible to determine the total volume of oil spilled but the

total could be about 11 million barrels.

Lakeview Gusher (1910-11 -

California, USA)

The Lakeview Gusher was an

out-of-control oil well that

spilled an estimated 9 million

barrels of oil in Kern County,

California. The well delivered oil

faster than crews were able to

route it into storage tanks. The pressurized well erupted like a geyser, spilling oil

onto the ground for over one year until it played out naturally.

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Deepwater Horizon (2010 - Gulf

of Mexico)

The Deepwater Horizon Oil Spill

began on April 20, 2010 when an

explosion destroyed the Deepwater

Horizon drilling rig, causing a

pressurized flow of oil near the

wellhead on the Gulf of Mexico

floor in over 5,000 feet of water. Numerous attempts to stop the leak in that

difficult environment were partially successful. The well was finally killed on

September 19, 2010. The amount of oil lost is unknown because accurate

estimates cannot be made from ocean floor video observations. The high

estimate from the government-appointed Flow Rate Technical Group is 4.9

million barrels.

Ixtoc (1979 - Gulf of Mexico)

Ixtoc was an exploratory well being drilled by Pemex, Mexico's government-

owned oil company, in the Bay of Campeche, Gulf of Mexico.

It was located about 60 miles northwest of Ciudad del Carmen in waters about

160 feet deep. The spill was triggered when the drilling rig lost mud circulation

and pressure reduction on the reservoir triggered a blowout. The oil caught fire

and the rig collapsed into the ocean. The estimated amount of oil spilled was 3.3

million barrels.

DEEPWATER HORIZON

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Atlantic Empress (1979 - West Indies)

The Atlantic Empress was a Greek oil tanker that collided with another ship off

the coast of Trinidad and Tobago on July 19, 1979. About 2.12 million barrels of

oil were spilled.

Mingbulak (1992 - Uzbekistan)

The Mingbulak oil spill occurred on March 2, 1992 at the Mingbulak oil field in

the Fergana Valley of Uzbekistan. The spill was caused by a blowout that caught

fire and burned for two months. About 2.11 million barrels of oil were contained

behind an emergency dam.

ABT Summer (1991 - Atlantic Ocean)

The ABT Summer was a tanker that was severely damaged by an explosion on

May 28, 1991 off the coast of Angola. It was carrying a cargo of about 1.92

million barrels of crude oil. The tanker sank in the Atlantic.

Castillio de Bellver (1983 - Atlantic Ocean)

The Castillio de Bellver was severely damaged by a fire on August 6, 1983 off the

coast of South Africa with about 1.87 million barrels of oil on board. The tanker

washed aground and broke in two. The stern drifted from shore and sank in the

Atlantic.

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Amoco Cadiz (1978 - Atlantic Ocean)

The Amoco Cadiz was a very large

crude carrier that encountered an

extreme storm and ran aground on the

coast of Brittany, France on March 16,

1978. The ship had about 1.6 million

barrels of oil onboard. A rip in the hull

from the grounding started the spill. The ship broke up over the next few days,

spilling most of the oil.

MT Haven (1991 - Mediterranean)

The MT Haven was a very large crude carrier that caught fire and sank in the

Mediterranean Sea off the coast of Italy on April 11, 1991. It was carrying 1.14

million barrels of crude oil.

AMOCO CADIZ

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The Exxon Valdez oil spill

THE EXXON VALDEZ OIL SPILL OCCURRED IN PRINCE WILLIAM SOUND, ALASKA, ON MARCH 24, 1989, WHEN THE TANKER STRUCK IN PRINCE WILLIAM SOUNDS BLIGH REEF AND SPILLED 260,000 TO 750,000 BARRELS OF CRUDE OIL. HOWEVER, PRINCE WILLIAM SOUND'S REMOTE LOCATION, MADE GOVERNMENT AND INDUSTRY RESPONSE EFFORTS DIFFICULT. THE REGION IS A HABITAT FOR SALMON, SEA OTTERS, SEALS AND SEABIRDS. THE OIL, COVERED 2,100 KM OF COASTLINE, AND 28,000 KM2 OF OCEAN.

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8.4.2 Lecture 2: Heavy metal pollution

Heavy metals are a great concern because they enter the food chain. Some

dangerous metals being introduced into the ocean are mercury, lead, nickel,

arsenic, cadmium and copper. These metals do not disintegrate rapidly in the

marine environment and can accumulate in living organisms.

Heavy metals have a relatively high density and are toxic or poisonous at low

concentrations. Mercury and lead poisoning cause brain damage and behavioral

disturbances in children. Copper is also dangerous to marine organisms, it has

been used in marine anti-fouling paints.

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However, coal combustion, electric utilities, steel and iron manufacturing, fuel

oils, fuel additives, and incineration of urban refuse are the major sources of

oceanic and atmospheric contamination by heavy metals.

Heavy metal contaminated runoff from the land, rain of pollutants from the air,

and fallout from shipwrecks pollute the ocean with dangerous metals.

Antifouling paints

Heavy metals contained in marine ship-antifouling paints are generally

acknowledged to be one of the most important sea pollution sources.

The invention of organotin self-polishing antifouling technology in 1960s

marked a new stage of antifouling technology development. According to the

IMO, this kind of antifouling paints was widely used on ships. In the recent

decades, there has been an increasing understanding of the harmful effects

caused by organotins upon the marine environment. Organotin is so toxic that

even very low concentration could cause damage to sea animals, such as oysters,

mussels, fish, and shellfish, causing harmful effects on public health through the

food chains.

The application of organotin antifouling paints got to be restricted in the late

1980s. A legal ban, from IMO came into effect in 2003, and it was stipulated in

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explicit terms that all ships coated with organotin antifouling paints would not

be permitted to berth.

Ship breaking

Most of the heavy metal pollution comes from ship breaking or ship demolition,

which is a type of ship disposal involving the breaking up of ships for scrap

recycling, with the hulls being discarded in ship graveyards. Most ships have a

lifespan of a few decades before there is so much wear that refitting and repair

becomes

uneconomical.

Ship breaking

allows materials

from the ship,

especially steel, to

be reused.

The ship breaking

industry creates

numerous hazards

for the coastal and

marine

environment. Ship breaking releases a large number of dangerous pollutants,

including toxic waste, oil, polychlorinated biphenyls, and heavy metals, into

SHIP BREAKING IN INDIA

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the waters and seabed. While most of the oil is removed before a ship is

scrapped, sand used to mop up the remaining oil is thrown into the sea. High

concentrations of oil and grease,

including solid waste, are then found in

the coastal waters, choking marine life.

Ship breaking has become an issue of

major environmental concern. Many

ship breaking yards in developing

nations have lax or no environmental

law, enabling large quantities of highly

toxic materials to escape into the

environment and causing serious

health problems among ship breakers,

the local population and wildlife.

U.S. AGREES TO REMOVE TOXIC 'GHOST

FLEET' SHIPS MARCH 2010

AFTER YEARS OF LEGAL WRANGLING, THE

FEDERAL GOVERNMENT AGREED TO REMOVE A

FLEET OF MILITARY SHIPS THAT HAS DROPPED

TONS OF HEAVY METAL POLLUTION INTO A

WATERWAY NORTHEAST OF SAN FRANCISCO.

AS PART OF A SETTLEMENT WITH

ENVIRONMENTAL GROUPS, THE U.S.

MARITIME ADMINISTRATION SAID IT WILL

REMOVE 52 OBSOLETE VESSELS, NICKNAMED

THE GHOST FLEET, FROM THE ESTUARY

BETWEEN THE SAN FRANCISCO BAY AND THE

SACRAMENTO-SAN JOAQUIN RIVER DELTA.

OFFICIALS SAY IT IS LIKELY THAT ALL OF THE

SHIPS WILL BE TOWED OUT OF THE BAY AND

RECYCLED FOR SCRAP.

THE SHIPS ALREADY HAVE SHED MORE THAN

20 TONS OF HEAVY METALS INTO THE BAY,

INCLUDING LEAD, ZINC, COPPER AND

CADMIUM, SAID MICHAEL WALL, CHIEF

LITIGATOR FOR THE NATURAL RESOURCES

DEFENSE COUNCIL IN SAN FRANCISCO. IF

THEY ARE NOT CLEANED UP, THEY COULD LOSE

AS MUCH AS 50 TONS MORE.

"MANY OF THESE SHIPS HAVE BEEN MOORED

THERE SINCE THE VIETNAM WAR WITH NO

MAINTENANCE," SAID WALL, WHO ESTIMATES

THAT THE CLEANUP COULD COST MORE THAN

$100 MILLION. "THE PAINT, LOADED WITH

HEAVY METALS, HAS BEEN FLAKING OFF AND

POLLUTING THE BAY."

GHOST FLEET, SAN FRANCISCO

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8.4.3 Lecture 3: Radioactive pollution

Commercial nuclear reactors as well as medical,

research, industry and military facilities produce

radioactive waste. The ocean bed is used for the

dumping of high level nuclear waste, as an

alternative to disposal on land. These discharges

have resulted in the widespread contamination

of living marine resources over a wide area.

They can also enter the food chain as some

organisms like shell fish concentrate

radioactivity in their bodies which are later

consumed by humans.

The liquid waste is sealed into glass, and stored

in steel canisters containing concrete. These

containers are dumped in the sediment on the

ocean floor

According to UNEP, large quantities radioactive

waste has intentionally been dumped into the

oceans at over 80 locations worldwide. Marine

accidents, losses and deliberate dumping now

mean that some 50 warheads, 23 reactors and

HISTORY OF MODERN PIRACY [DURING THE SOMALI CIVIL WAR, THERE WAS NO COAST GUARD TO PROTECT AGAINST

FISHING TRAWLERS FROM

OTHER COUNTRIES ILLEGALLY

FISHING AND BIG COMPANIES

DUMPING WASTE

(INCLUDING NUCLEAR WASTE) WHICH KILLED FISH IN SOMALI WATERS.

LOCAL FISHERMEN STARTED TO BAND TOGETHER TO

PROTECT THEIR RESOURCES. DUE TO THE CLAN-BASED NATURE OF SOMALI SOCIETY, THE LACK OF A CENTRAL

GOVERNMENT AND

SOMALIA'S STRATEGIC LOCATION AT THE HORN OF AFRICA, CONDITIONS WERE RIPE FOR THE GROWTH OF

PIRACY IN THE EARLY

1990S.

CURRENT ECONOMIC SITUATION IN SOMALIA AND THE LUCRATIVE SUCCESS OF

MANY HIJACKING

OPERATIONS HAVE DRAWN

YOUNG MEN TOWARD GANGS

OF PIRATES. SOME PIRATES ARE FORMER FISHERMEN, WHOSE LIVELIHOODS WERE

HURT BY FOREIGN SHIPS

ILLEGALLY FISHING IN

SOMALI WATERS.]

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an unknown number of other devices rest on the sea bed.

The most significant authorized releases of radio nuclides to the sea are from

nuclear fuel-cycle installations, located at Sellafield (Great Britain) La Hague and

Marcoule (France), Trombay (India), and Toki-Mura (Japan).

Almost every country in the Caribbean Region has been targeted as a nuclear

waste dumpsite by waste brokers operating from developing countries. A

serious potential risk both for people and the environment of the region is the

transport of radioactive material by ships through the Panama Canal.

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8.4.4 Lecture 4: Waste disposal

Each year millions of tons of material are disposed of at sea. About 90% of that

quantity is dredged sediment from estuarine or marine sources or excavated

native till from land based sources. Most of the dredged material is moved each

year to keep shipping channels and harbors clear for navigation.

Here are a few examples of activities and their related substances involving

disposal at sea:

The sand at the bottom of a channel is dredged and disposed elsewhere at

sea to help control rising water levels and increase ship safety.

A fish plant in a remote location disposes of the fish wastes (flesh, skin,

bones, entrails, shells etc.) at sea as there is no other practical option.

A ship is cleaned and sunk at sea when no ship recycling facility is

available.

A rock slide occurs on a remote road along the coast, and the rocks are

disposed of at sea for efficiency in cleaning up the road since the rocks do

not represent a potential risk for the marine environment.

Ship waste discharged at open sea.

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Ship waste fits into the following categories:

Liquid wastes

Liquid wastes include drain, soil and waste pipes. Sewage, ballast water, bilge

water or any other liquid containing contaminating or toxic wastes should not

be discharged within an area from which water for a water supply is drawn, or

in any area restricted for the discharge of wastes by any national or local

authority.

Wastes requiring treatment

All ships should be equipped with facilities for managing wastes from toilets and

urinals, fecal material from hospital facilities and medical care areas, and wastes

from food-refuse grinders.

Excess sludge

Ship waste

Liquid waste

Wastes requiring treatment

Excess sludge

Food waste

Health care wastes

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Galley wastes may contain grease and excess sludge. The grease collected may

be disposed of by incineration, by storage for shore disposal, or by overboard

discharge on the high seas.

Food wastes

All ships should be equipped with facilities for safe storage of food refuse.

Health care wastes

All ships should be equipped with facilities for treating and/or safely storing

medical care wastes. Medical waste is any waste generated during patient

diagnosis, treatment or immunization, and includes infectious and non-

infectious waste.

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Clean seas campaign

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8.4.5 Lecture 5: MARPOL 73/78

The International Convention for the Prevention of Pollution from Ships

(MARPOL) is the main international convention covering prevention of pollution

of the marine environment by ships from operational or accidental causes. It is a

combination of two treaties adopted in 1973 and 1978 respectively. It has been

updated by amendments through the years.

The 1973 Convention covered

pollution by oil, chemicals, and

harmful substances in packaged

form, sewage and garbage. The

Protocol of 1978 was adopted at a

Conference on Tanker Safety and

Pollution Prevention in response to

a series of tanker accidents in 1976-

1977.

MARPOL is one of the most important international marine environmental

conventions. It was designed to minimize pollution of the seas, including

dumping, oil and exhaust pollution. Its stated object is to preserve the marine

environment through the complete elimination of pollution by oil and other

harmful substances and the minimization of accidental discharge of such

substances.

38


The Convention includes regulations aimed at preventing and minimizing

pollution from ships, both accidental pollution and that from routine operations,

and currently contains six technical annexes. Special Areas with strict controls

on operational discharges are included in most Annexes:

Annex I - Regulations for the prevention of pollution by oil (entered into force

2 October 1983)

Covers prevention of pollution by oil from operational measures as well as from

accidental discharges. The 1992 amendments to Annex I made it mandatory for

new oil tankers to have double hulls and brought in a phase-in schedule for

existing tankers to fit double hulls, which was subsequently revised in 2001 and

2003.

Annex II - Regulations for the control of pollution by noxious liquid

substances in bulk (entered into force 2 October 1983)

MARPOL 73/78 - Annexes

Anex I: Oil

Annex II: Noxious liquid substances carried in bulk

Annex III: Harmful substances carried in packaged form

Annex IV: Sewage

Annex V: Garbage

Annex VI: Air pollution

39


Details the discharge criteria and measures for the control of pollution by

noxious liquid substances carried in bulk. The discharge of their residues is

allowed only to reception facilities until certain concentrations and conditions

(which vary with the category of substances) are complied with. In any case, no

discharge of residues containing noxious substances is permitted within 12

miles of the nearest land.

Annex III - Prevention of pollution by harmful substances carried by sea in

packaged form (entered into force 1 July 1992)

Contains general requirements for the issuing of detailed standards on packing,

marking, labeling, documentation, stowage, quantity limitations, exceptions and

notifications for preventing pollution by harmful substances.

Annex IV - Prevention of pollution by sewage from ships (entered into force

27 September 2003)

Contains requirements to control pollution of the sea by sewage.

Annex V - Prevention of pollution by garbage from ships (entered into force

31 December 1988)

This deals with different types of garbage and specifies the distances from land

and the manner in which they may be disposed of. The requirements are much

stricter in a number of special areas, but perhaps the most important feature of

40


the Annex is the complete ban imposed on the dumping into the sea of all forms

of plastic.

Annex VI - Prevention of air pollution from Ships (entered into force 19 May

2005)

The regulations in this annex set limits on sulfur oxide and nitrogen oxide

emissions from ship exhausts as well as particulate matter and prohibit

deliberate emissions of ozone depleting substances.

Emission control areas set more stringent standards.

All ships flagged under countries that are signatories

to MARPOL are subject to its requirements,

regardless of where they sail, and member nations

are responsible for vessels registered under their

respective nationalities.

In order for the IMO standards to be binding, they

must first be ratified by a total number of member countries whose combined

gross tonnage represents at least 50% of the worlds gross tonnage, a process

that can be lengthy. A system of tacit acceptance has therefore been put into

place, whereby if no objections are heard from a member state after a certain

period has elapsed, it is assumed they have assented to the treaty.

41


All six Annexes have been ratified by the requisite number of nations. The

country where a ship is registered (flag state) is responsible for certifying the

ships compliance with MARPOLs pollution prevention standards. Each

signatory nation is responsible for enacting domestic laws to implement the

convention and effectively pledges to comply with the convention, annexes, and

related laws of other nations. In the United States, for example, the relevant

implementation legislation is the Act to Prevent Pollution from Ships.

One of the difficulties in implementing MARPOL arises

from the very international nature of maritime

shipping. The country that the ship visits can conduct

its own examination to verify a ships compliance with

international standards and can detain the ship if it

finds significant noncompliance. When incidents occur

outside such country's jurisdiction or jurisdiction

cannot be determined, the country refers cases to flag

states, in accordance with MARPOL.

42


8.4.6 Auto evaluation

1. What is ocean pollution?

2. List the main sources of ocean pollution.

3. Why are oil spills dangerous to the marine environment?

4. Mention some of the largest oil spills.

5. What is ship breaking?

6. What is the difference between heavy metal pollution and radioactive

pollution?

7. What is the meaning of MARPOL 73/78?

8. List the annexes of MARPOL 73/78

8.5 VIDEOS

8.5.1 Video: The legacy of Exxon Valdez

HTTP://WWW.YOUTUBE.COM/WATCH?V=VHYT_Q0YJ5C&FEATURE=WATCH-NOW-

BUTTON&WIDE=1

Exxon Valdez leaked more than 40 million liters of crude oil into Alaska's

pristine waterways nineteen years ago. Today, oil is still polluting the shores and

bankrupted fishermen are still waiting for the $5 billion payout granted in 1994.

43


8.5.2 Video: BPs Deepwater Horizon oil rig disaster

HTTP://WWW.YOUTUBE.COM/WATCH?V=DB9T0XYKHRA

HTTP://WWW.YOUTUBE.COM/WATCH?V=TXNFPKJ9AU8&FEATURE=RELATED

HTTP://WWW.YOUTUBE.COM/WATCH?V=UBQFO0X0NLO&FEATURE=RELATED

HTTP://WWW.YOUTUBE.COM/WATCH?V=PLKTYYLJ54S&FEATURE=RELATED

BP's Deepwater Horizon oil rig exploded, sunk, and caused the worst oil spill in

US history.

8.6 ASSIGNMENTS

8.6.1 Individual assignment

Investigate about the ship breaking industry. Look for the latest news regarding

countries where vessels are dismantled, breaking technology and pollution to

the local environment, population and food chain, among others.

8.6.2 Group assignment

Watch the video from Exxon Valdez spill and Deepwater Horizon accident.

Discuss the implications of the environmental damage. Pay special attention to

the cleaning efforts and the damaged caused to the fishing industry, tourist

industry and natural resources. In the case of the Deepwater Horizon, pay

special attention to crew members and the victims.

44


9 MODULE 2.COLLISIONS AND SAVAGE

9.1 CONTENT

UNIT 6. COLREGs

UNIT 7. Reports in case of marine casualties

UNIT 8. Marine salvage

UNIT 9. Salvage contracts

9.2 OBJECTIVES OF THIS MODULE


To discuss the responsibilities in case of maritime casualties.

To evaluate the different situation between vessels that might end

up as a casualty.

To prepare reports in case of maritime casualties.

To comprehend salvage contracts and services.

45



Collisions and

salvage

COLREGs

Reports in case of marine

casualties

Marine salvage

Salvage contracts

46


9.4 LECTURES

9.4.1 Lecture 6: COLREGs

The International Regulations for Preventing Collisions at Sea 1972 (COLREGs),

published by the IMO, set out the rules of the road to be followed by ships and

other vessels at sea. COLREGs can also refer to the specific political line that

divides inland waterways (subject to navigation rules) and coastal waterways. It

was designed to update and replace the Collision

Regulations of 1960 which were adopted at the same

time as the 1960 SOLAS Convention.

One of the most important aspects in the 1972

COLREGs was the recognition given to traffic

separation schemes. It gives guidance in determining

safe speed, risk of collision and the conduct of vessels

operating in or near traffic separation schemes.

The first such traffic separation scheme was established in the Dover Strait in

1967. It was operated on a voluntary basis at first but in 1971 the IMO adopted a

resolution stating that that observance of all traffic separation schemes is made

mandatory, and the COLREGs make this obligation clear.

The COLREGs include 38 rules divided into five sections: Part A, General; Part

B, Steering and Sailing; Part C, Lights and Shapes; Part D, Sound and Light

47


signals; and Part E, Exemptions. There are also four annexes containing technical

requirements concerning lights and shapes and their positioning; sound

signaling appliances; additional signals for fishing vessels when operating in

close proximity, and international distress signals.

Part A - General

Rules apply to all vessels upon the high seas and all waters connected to

the high seas and navigable by seagoing vessels.

Responsibility of the master, owner and crew to comply with the rules.

Part B - Steering and sailing

Conduct of vessels in any condition of visibility and applies in any

condition of visibility.

Safe speed.

Risk of collision and actions to be taken to avoid collision.

Behavior of vessels in or near traffic separation schemes.

COLREGs

Part A: General

Part B: Steering and sailing

Part C: Light and shapes

Part D: Sound and light signals

Part E: Exemptions

48


Conduct of vessels in sight of one another and in restricted visibility

Part C - Lights and shapes

Rules concerning lights.

Part D - Sound and light signals

Regulates whistles, blasts and distress signals.

Part E - Exemptions

Ships built or already under construction when the 1972 Collision

Regulations entered into force may be exempted from some requirements

for light and sound signals for specified periods.

The COLREGs include four annexes:

COLREGs - Annexes

Annex I: Positioning and technical details of lights and shapes.

Annex II: Additional signals for fishing vessels fishing in close proximity.

Annex III: Technical details of sounds signals appliances.

Annex IV: Distress signals, which lists the signals indicating distress and need of assistance.

49


50


9.4.2 Lecture 7: Reports in case of marine casualties

The IMO defines marine casualty means, as an event that has resulted in any of

the following:

The death of, or serious injury to, a person that is caused by, or in

connection with, the operations of a ship.

The loss of a person from a ship that is caused by, or in connection with,

the operations of a ship.

The loss, presumed loss or abandonment of a ship.

Material damage to a ship.

The stranding or disabling of a ship, or the involvement of a ship in a

collision.

Material damage being caused by, or in connection with, the operation of

a ship.

Damage to the environment brought about by the damage of a ship or

ships being caused by, or in connection with, the operations of a ship or

ships.

All reportable marine casualties should be reported immediately to their

authorities. Marine casualties and accidents have to be investigated in order to

determine the causal factors, so that through regulation and education we might

prevent similar incidents from recurring. We also investigate these incidents to

collect evidence of misconduct, negligence, or violation of law or regulation.

51


Under SOLAS, MARPOL and the Load Lines Conventions, each Administration

undertakes to conduct an investigation into any casualty occurring to ships

under its flag subject to those conventions and to supply the IMO with pertinent

information concerning the findings of such investigations.

Code for the Investigation of Marine Casualties and Incidents

With the adoption of the Code for the Investigation of Marine Casualties and

Incidents, adopted in 1999, the IMO provides guidelines for the investigation of

human factors.

This Code recognizes that under IMO conventions each flag State has a duty to

conduct an investigation into any casualty occurring to any of its ships when it

judges that such an investigation may assist in determining what changes in the

present regulations may be desirable or if such a casualty has produced a major

deleterious effect upon the environment. The Code also requires a marine safety

investigation to be conducted into every very serious marine

casualty, defined as a marine casualty involving the total loss

of the ship or a death or severe damage to the environment.

The aim of this Code is to promote a common approach to the

safety investigation of marine casualties and incidents, and

also to promote co-operation between States in identifying the contributing

52


factors leading to marine casualties. The result of this common approach and co-

operation will be to aid remedial action and to enhance the safety of seafarers

and passengers and the protection of the marine environment.

Lessons learned for presentation to seafarers

CAPSIZING WHAT HAPPENED? THE FISHING VESSEL WAS ENGAGED IN TRAWLING ABOUT THREE CABLES FROM SHORE WITH SEAS BROAD ON THE BEAM WHEN IT WAS STRUCK BY A LARGE

BREAKING WAVE AND CAPSIZED. THE MASTER, WHO WAS ALONE IN THE WHEELHOUSE, HAD NOTICED THE APPROACHING WAVE WAS MUCH LARGER THAN THE OTHERS AND HAD BEGUN TURNING THE VESSEL TO PORT TO MEET IT. THE MASTER WAS THROWN INTO THE SEA AND MANAGED TO SWIM ASHORE. TWO OTHER CREW MEMBERS WHO WERE RESTING BELOW IN THE ACCOMMODATION DID

NOT SURVIVE. WHY DID IT HAPPEN? THE MASTER WAS ALONE ON THE BRIDGE ENGAGED IN BOTH NAVIGATING THE VESSEL AND FISHING. THE VESSEL WAS IN CLOSE PROXIMITY TO THE SHORE AND IN AN AREA OF SHALLOW WATERS KNOWN FOR ITS LARGE BREAKING WAVES. GUARD RINGS WERE SET UP ON THE RADAR TO MAINTAIN A COURSE ALONG THE LIMIT OF THE ZONE, BUT THE ALARMS WERE NOT ENABLED. WHAT CAN WE LEARN?

TO RECOGNIZE AND TAKE INTO ACCOUNT THE RISKS ASSOCIATED WITH THE OPERATING CONDITIONS OF THE AREA TO BE FISHED.

THE IMPORTANCE OF MAKING FULL USE OF NAVIGATIONAL EQUIPMENT ALARMS.

THE IMPORTANCE OF KEEPING WATERTIGHT DOORS CLOSED WHEN AT SEA.

53


9.4.3 Lecture 8: Marine salvage

Marine salvage is the process of rescuing a ship, its cargo, or other property

from peril. Salvage encompasses rescue towing, refloating a sunken or

grounded vessel, or patching or repairing a ship. Today the protection of the

environment from cargoes such as oil or other contaminants is often

considered a high priority.

Salvors are seamen and engineers who carry out salvage to vessels that are

not owned by them, and who are not members of the vessel's original crew.

When salvaging large ships, they may use cranes, floating dry docks and

divers to lift and repair ships for short journeys to safety towed by a tugboat.

The aim of the salvage may be to repair the vessel at a harbor or dry dock, or

to clear a channel for navigation. Another reason for salvage may be to

prevent pollution or damage to the marine environment. Alternatively the

vessel or valuable parts of the vessel or its cargo may be recovered for its

resale value, or for scrap.

54


Classification of salvage

Offshore salvage

The refloating of ships stranded or sunk in exposed waters is called offshore

salvage. In this type of salvage, vessels are exposed to waves, currents and

weather and are the most vulnerable and difficult to work on. They also tend

to deteriorate more rapidly than such vessels in protected harbors.

Offshore salvage

may provide only a

short window of

opportunity for the

salvage team due

to unusually high

tide or inclement

weather for

instance. The work

window may not

come around again for as long as weeks or months and in the interim, the

vessel will continue to deteriorate. As a result, it is often imperative to work

quickly. Typically, offshore salvage is conducted from pre-outfitted salvage

vessels and tugs. In addition, portable diving facilities may be transported by

helicopter or small boat to the work area. From a tactical point of view,

working in unprotected waters is less hospitable for floating cranes,

MSC NAPOLI

55


construction tenders, dredges and equipment barges. Plus, it is often difficult

to depend upon a stable workforce (welders, carpenters, etc.) as all personnel

must be present on site for the duration.

Harbor salvage

The term harbor salvage refers to the salvage of vessels stranded or sunk in

sheltered waters. Such vessels are not normally subject to the same

deterioration caused by marine and weather conditions as offshore salvage

vessels are. In addition,

unless the vessel to be

salvaged is obstructing

navigation, then there is no

need to work as swiftly as

in offshore salvage. Also,

harbor pre-salvage survey

and planning stages tend

to be less time consuming

and environmentally

dependent. It is also easier to gain access to local labor resources and heavy

equipment such as floating cranes and barges.

ALVASTAR

56


Cargo and equipment salvage

Saving the cargo and equipment aboard a vessel may be of higher priority

than saving the vessel itself. The cargo may pose an environmental hazard or

may include expensive materials such as machinery or precious metals. In

this form of salvage, the main focus is on the rapid removal of goods and may

include deliberate

dissection, disassembly or

destruction of the hull.

Wreck removal

Wreck removal focuses on

the removal of hazardous

or unsightly wrecks that

have little or no salvage

value. Because the objectives here are not to save the vessel, the wrecks are

usually refloated or removed by the cheapest and most practical method

possible. In many cases, hazardous materials must be removed prior to

disposing of the wreck. The most common techniques used in wreck removal

are cutting the hull into easily handled sections or refloating the vessel and

scuttling it in deeper waters.

BUNGAKELANA 3

57


Afloat salvage

The salvage of a vessel that is damaged

but still afloat is called afloat salvage.

This type of salvage is mostly

unobtrusive and involves primarily

damage control work such as hull

welding, stabilization (rebalancing

ballast tanks and shifting cargo) and

structural bracing. The vessel can remain underway with little disruption to

its original purpose and crew.

Clearance salvage

Clearance salvage is the coordinated removal or salvage of numerous vessels

in a harbor or waterway. It typically

follows a catastrophic event such as a

tsunami, hurricane or an act of war

(i.e. Japan Tsunami 2011). There may

be multiple vessel obstructions with

varying degrees of damage due to

collision, fire or explosions.

COUGAR ACE

58


SALVAGES

THE LARGEST MARINE SALVAGE OPERATION ON RECORD WAS THE HARBOR CLEARANCE AND SHIP RECOVERY AFTER THE ATTACK ON PEARL HARBOR.

NUESTRA SEORA DE ATOCHA WAS DISCOVERED IN 1985 AND WORTH AN

ESTIMATED $400 MILLION USD.

THE SEARCH FOR THE WRECKAGE AND FLIGHT DATA RECORDERS OF SOUTH AFRICAN AIRWAYS FLIGHT 295 IS AT 16,000 FEET (4,900 M) THE DEEPEST SUCCESSFUL MARINE SALVAGE OPERATION TO DATE.

ON 12 AUGUST 2000, THE RUSSIAN OSCAR CLASS SUBMARINE KURSK

SANK IN THE BARENTS SEA FOLLOWING AN INTERNAL EXPLOSION, LEADING TO THE DEATH OF 118 SAILORS AND OFFICERS. THE BADLY DAMAGED SUBMARINE WAS IN LATE 2001 TO RECOVER THE BODIES AND ELIMINATE THE HAZARD FROM THE KURSK'S TWO NUCLEAR REACTORS.

IN JULY 2006, THE JAPANESE CAR CARRIER THE COUGAR ACE, PACKED WITH 4,700 MAZDA CARS AND ISUZU TRUCKS BOUND FOR THE NORTH-AMERICAN MARKET WAS TRAVELING FROM JAPAN TO VANCOUVER, BRITISH COLUMBIA WHEN IT STRANDED IN THE PACIFIC OCEAN. THE SHIPS CONDITION QUICKLY BEGAN TO DETERIORATE AS IT TOOK ON WATER. THE SALVAGE TEAM INVOLVED HAD TO WORK SOLIDLY FOR 24 DAYS STRAIGHT TO TRY AND SAVE THE VESSEL AND ITS EXTREMELY

LUCRATIVE CARGO.

59


9.4.4 Lecture 9: Salvage contracts

Salvage projects may vary with respect to urgency and cost considerations.

When the vessel to be returned to service is commercial, the salvage

operation is typically driven by its commercial value and impact on

navigational waterways. Military vessels on the other hand are often salvaged

at any cost; even to exceed their operational value because of national

prestige and anti-abandonment policies. Another consideration may be loss

of revenue and service or the cost of the space it occupies.

Contract Salvage

In contract salvage the owner of the property and salvor enter into a salvage

contract prior to the commencement of salvage operations and the amount

that the salvor is paid is determined by the contract. This can be a fixed

amount, based on a time and materials basis, or any other terms that both

parties agree to. The contract may also state that payment is only due if the

salvage operation is successful (a.k.a. no cure, no pay), or that payment is due

even if the operation is not successful.

60


Pure salvage

In pure salvage (also called merit salvage), there is

no contract between the owner of the goods and the

salvor. The relationship is one which is implied by

law. The salvor of property under pure salvage must

bring his claim for salvage in federal court, which

will award salvage based upon the merit of the

service and the value of the salvaged property.

Pure salvage claims are divided into high-order and

low-order salvage. In high-order salvage, the salvor

exposes himself and his crew to the risk of injury

and loss or damage to his equipment in order to

salvage the property that is in peril.

Examples of high-order salvage are boarding a

sinking ship in heavy weather, boarding a ship

which is on fire, raising a ship, plane, or other

sunken property, or towing a ship which is in the

surf away from the shore. Low-order salvage occurs

where the salvor is exposed to little or no personal

risk. Examples of low-order salvage include towing

another vessel in calm seas, supplying a vessel with

SMIT SALVAGE IS A DIVISION OF SMIT WHICH IS INVOLVED IN EMERGENCY RESPONSE, WRECK REMOVAL OPERATIONS AND

ENVIRONMENTAL CARE SERVICES. THE COMPANY MAINTAINS SPECIALIZED EQUIPMENT AND

EXPERT PERSONNEL IN A

STATE OF ROUND-THE-CLOCK READINESS TO RESPOND TO

INCIDENTS ANYWHERE IN THE

WORLD. SMITH SALVAGE OFFERS THE FOLLOWING SERVICES: - SALVAGE OF SHIP CASUALTIES, FOLLOWING COLLISION, GROUNDING, FIRE, ETC. - SEARCH, RECOVERY OR SALVAGE OF AIRCRAFTS AND HELICOPTERS, OR PARTS THEREOF. - ENVIRONMENTAL PROTECTION. - MARINE FIRE FIGHTING- - WRECK REMOVAL. - SHIP-TO-SHIP/SHIP-TO-SHORE (OIL) CARGO TRANSFER OPERATIONS. - DIVING SERVICES. - UNDERWATER FUEL/BUNKER REMOVAL. - MACHINERY PRESERVATION SERVICES. - SALVAGE CONSULTANCY. - PULLING/ HOISTING.

61


fuel, or pulling a vessel off a sand bar. Salvors performing high order salvage

receive substantially greater salvage award than those performing low order

salvage.

In order for a claim to be awarded three requirements must be met:

The property must be in peril.

The services must be rendered voluntarily (no duty to act.

The salvage must be successful in whole or in part.

There are several factors that would be considered by a court in establishing

the amount of the salvors award.

Difficulty of the operation.

The risk involved to the salvor.

The value of the property saved.

The degree of danger to which the property was exposed.

The potential environmental impacts.

Usually, salvage awards amount to 10 percent to 25 percent of the value of

the property.

Private boat owners, to protect themselves from salvage laws in the event of a

rescue, would be wise to clarify with their rescuer if the operation is to be

considered salvage, or simply assistance towing. If this is not done, the boat

owner may be shocked to discover that the rescuer may be eligible for a

62


substantial salvage award, and a lien may be placed on the vessel if it is not

paid.

Naval salvage

Several Navies have rescue salvage vessels which are to support their fleet

and to come to the aid of vessels in distress. Some naval operations of salvage

are initiated after a failed search for survivors operations.

International Convention on Salvage

The Convention replaced a convention on the law of salvage adopted in

Brussels in 1910 which incorporated the "'no cure, no pay" principle under

which a salvor is only rewarded for services if the operation is successful.

Although this basic philosophy worked well in most cases, it did not take

pollution into account. A salvor that prevented a major pollution incident (for

example, by towing a damaged tanker away from an environmentally

sensitive area) but did not manage to save the ship or the cargo got nothing.

There was therefore little incentive to a salvor to undertake an operation

which has only a slim chance of success.

The 1989 Convention seeks to remedy this deficiency by making provision for

an enhanced salvage award taking into account the skill and efforts of the

salvors in preventing or minimizing damage to the environment.

63


If, on the other hand, the salvor is negligent and has

consequently failed to prevent or minimize

environmental damage, special compensation may be

denied or reduced.

Salvage law has as a basis that a salvor should be

rewarded for risking his life and property to rescue the

property of another from peril. Rescuing vessel is entitled to a claim for

salvage. Likewise a vessel found badly damaged, abandoned and adrift after

enemy fire disabled her does not become a prize of a rescuing friendly vessel,

but the rescuers may claim salvage.

A vessel is considered in peril if it is in danger or could become in danger.

Examples of a vessel in peril are when it is aground or in danger of going

aground. Prior to a salvage attempt the salvor receives permission from the

owner or the master to assist the vessel. If the vessel is abandoned no

permission is needed.

Legal disputes do arise from the claiming of salvage rights. To reduce the

amount of a claim after an accident, boat owners or skippers often remain on

board and in command of the vessel; they do everything possible to minimize

further loss and seek to minimize the degree of risk the vessel is in. If another

64


vessel offers a tow and the master or owner negotiates an hourly rate before

accepting then salvage does not apply.

Some maritime rescue organizations, such as Britain's Royal National Lifeboat

Institution, insist the crews of their lifeboats renounce their right to claim

compensation for salvage.

In the United Kingdom under the Merchant Shipping Act 1995, jetsam,

flotsam, lagan and all other cargo and wreckage remain the property of their

original owners. Anyone, including recreational divers and beachcombers,

removing those goods must inform the Receiver of Wreck to avoid the

accusation of theft. As the leisure activity of wreck diving is common, there

are laws to protect historic wrecks of archaeological importance and the

Protection of Military Remains Act 1986 protects ships and aircraft that are

the last resting place of the remains of members of the armed forces.

65


9.4.5 Auto evaluation

1. What is the purpose of COLREGs?

2. Mention some of the COLREGs rules.

3. What is a marine casualty?

4. What is the difference of the Code for the Investigation of Marine and

Incidents and the International Convention on salvage?

5. Mention the different types of salvage.

6. Mention the principal differences between wreck removal and afloat

salvage.

7. What is contract salvage?

8. What is pure salvage?

9.5 VIDEOS

9.5.1 Code Red: Adriyatic

HTTP://CHANNEL.NATIONALGEOGRAPHIC.COM/EPISODE/SALVAGE-CODE-RED-

3289/OVERVIEW#TAB-VIDEOS/06528_00

Code Red. Salvage operations at the Adriyatic.

9.5.2 Video: Pearl Harbor Salvage Operations

HTTP://WWW.YOUTUBE.COM/WATCH?V=KCXJGZ1IOA8&FEATURE=RELATED

66


Salvage operations at Pearl Harbor on the USS Oklahoma and USS Utah single

photos of repaired Battleships from Pearl Harbor on duty in the Pacific.

9.5.3 Video: Marine Salvage Basics

HTTP://WWW.YOUTUBE.COM/WATCH?V=UPCHIHXG0SY

Basic Primer on Marine Salvage.

9.6 ASSIGNMENTS

9.6.1 Individual assignment

Watch the video of the Marine Salvage Basics and complement the information

you already have on pure salvage.

9.6.2 Group assignment

Watch the video of the Adriyatic salvage. Find information of the casualty report

and made a statement of what, why and what can we learn.

67


10 MODULE 3.LABOUR DISPUTES AND DISCIPLINARY PROCEDURES

10.1 CONTENT

UNIT 8. Maritime Labor Convention.

UNIT 9. Crimes committed at sea: Maritime piracy.

UNIT 10. Maritime liens.

UNIT 11. General averages.

10.2 OBJECTIVES OF THIS MODULE


To evaluate the laws related to seamen.

To comprehend the various offenses and crimes committed at

sea and their penalties.

To discuss about maritime liens.

68



Labor disputes and disciplinary procedures

Maritime Labor

Convention

Maritime piracy

Maritime liens

General averages

69


10.4 LECTURES

10.4.1 Lecture 1: International Labour Convention

The International Labor Conventions (ILO)s Maritime

Labor Convention (MLC), from 2006, provides

comprehensive rights and protection at work for the world's more than 1.2

million seafarers.

According to the MLC, seafarer means any person who is employed or engaged

or works in any capacity on board a ship to which the Convention applies. This

includes riding gangs and hotel staff on cruise ships.

The Convention aims to achieve both decent work for seafarers and secure

economic interests in fair competition for quality ship-owners. An estimated

90% of world trade is carried on ships and seafarers are in this sense essential

to international trade and the international economic and trade system. The

new labour standard consolidates and updates more than 68 international

labour standards related to the maritime sector adopted over the last 80 years.

Some of the Conventions included in the MLC are:

Minimum Age (Sea) Convention (Revised), 1936

Food and Catering (Ships' Crews) Convention, 1946

70


Medical Examination (Seafarers) Convention, 1946

Accommodation of Crews (Supplementary Provisions) Convention, 1970

Prevention of Accidents (Seafarers) Convention, 1970

Merchant Shipping (Minimum Standards) Convention, 1976

Health Protection and Medical Care (Seafarers) Convention, 1987

Repatriation of Seafarers Convention (Revised), 1987

Seafarers' Hours of Work and the Manning of Ships Convention, 1996

The MLC, also known as the Seafarers Bill of Rights sets out seafarers' rights to

decent conditions of work on a wide range of subjects and aims to be globally

applicable, easily understandable, readily updatable and uniformly enforced.

It has been designed to become a global instrument known as the fourth pillar of

the international regulatory regime for quality shipping, complementing the key

Conventions of the IMO

The decision by the ILO to move forward to create this major new maritime

labour Convention was the result of a joint resolution in

2001 by the international seafarers and ship owners

organizations, also supported by governments. They

pointed out that the shipping industry is the worlds first

genuinely global industry which requires an international

regulatory response of an appropriate global standard

71


applicable to the entire industry.

The MLC was adopted in February 2006. It will come

into force exactly 12 months after a minimum of 30

countries representing at least 33% of the world fleet

in gross tonnage have ratified the Convention.

As at January 2011, 12 countries had ratified the

Convention. Panama did it in 2009. These countries

represent 45% of the world fleet, which means that this element of the criteria

has already been met. This means that it only remains for another 18 countries

to ratify the Convention.

Rights of seafarers

Under the MLC, seafarers have the right to:

A safe and secure workplace.

Fair terms of employment.

Decent living and working conditions.

Social protection; access to medical care, health protection and welfare.

Freedom of association.

Have a union to negotiate a collective bargaining agreement (CBA).

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Coverage

The MLC covers all vessels OVER 500 gross tonnage operating in international

waters or between ports of different countries and applies to all seafarers, over

16 years old, with a valid medical certificate to work on a ship.

All ships are covered except:

Ships navigating exclusively in inland waters, close to the coast, in

sheltered waters or areas where port regulations apply

Fishing vessels.

Ships of traditional build, such as dhows or junks.

Warships and naval auxiliaries.

Ships below 200 GT, that are not carrying out international voyages, can

be excluded by the flag State from some of the requirements if the

seafarers rights concerned are already covered by national laws,

collective agreements or other measures.

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10.4.2 Lecture 2: Crimes committed at sea: Maritime piracy

Piracy and crime at sea have been perennial problems for seafarers throughout

history. But, in recent years, there has been a dramatic upsurge in the threat to

shipping and crews, particularly with attacks originating from the lawless

coastal regions of Somalia.

Piracy is a war-like act committed by non-state actors (private parties not

affiliated with any government) against

parties of a different nationality or against

vessels of their own nationality at sea, and

especially acts of robbery and/or criminal

violence at sea. People who engage in these

acts are called pirates.

The term can include acts committed on land, in the air, or in other major bodies

of water or on a shore. It does not normally include crimes committed against

persons traveling on the same vessel as the perpetrator (e.g. one passenger

stealing from others on the same vessel). The term has been used to refer to

raids across land borders by non-state agents.

Piracy should be distinguished from privateering, which was authorized by their

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national authorities and therefore a legitimate form of war-like activity by non-

state actors.

Maritime piracy, according to the United Nations Convention on the Law of the

Sea (UNCLOS) of 1982, consists of any criminal acts of violence, detention, rape,

or depredation committed for private ends by the crew or the passengers of a

private ship or aircraft that is directed on the high seas against another ship,

aircraft, or against persons or property on board a ship or aircraft. Piracy can

also be committed against a ship, aircraft, persons, or property in a place outside

the jurisdiction of any state; in fact piracy has been the first example of universal

jurisdiction.

Modern definitions of piracy include the following acts:

Boarding

Extortion

Hostage taking

Kidnapping of people for ransom

Murder

Robbery

Sabotage resulting in the ship subsequently sinking

Seizure of items or the ship

Shipwrecking done intentionally to a ship

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Modern piracy

Seaborne piracy against transport vessels remains a significant issue (with

estimated worldwide losses of US$13 to $16 billion per year), particularly in the

waters between the Red Sea and Indian Ocean, off the Somali coast, and also in

the Strait of Malacca and Singapore, which are used by over 50,000 commercial

ships a year. A recent surge in piracy off the Somali coast spurred a multi-

national effort led by the United States to patrol the waters near the Horn of

Africa. In the following picture, it is shown the states, terrorist havens, drug

routes, and areas prone to maritime piracy.

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Modern pirates favor small boats and taking advantage of the small number of

crew members on modern cargo vessels. They also use large vessels to supply

the smaller attack/boarding vessels. Modern pirates can be successful because a

large amount of international commerce occurs via shipping. Major shipping

routes take cargo ships through narrow bodies of water (such as the Gulf of

Aden and the Strait of Malacca) making them vulnerable to be overtaken and

boarded by small motorboats. Other active areas include the South China Sea

and the Niger Delta. As usage increases, many of

these ships have to lower cruising speeds to

allow for navigation and traffic control, making

them prime targets for piracy.

Modern pirates are sometimes linked with

organized-crime syndicates, but often are parts

of small individual groups.

The International Maritime Bureau (IMB) maintains statistics regarding pirate

attacks dating back to 1995. Their records indicate hostage-taking

overwhelmingly dominates the types of violence against seafarers. For example

in 2006, there were 239 attacks, 77 crew members were kidnapped and 188

taken hostage but only 15 of the pirate attacks resulted in murder. In 2007 the

attacks rose by 10% to 263 attacks. There was a 35% increase on reported

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attacks involving guns. Crew members that were injured numbered 64

compared to just 17 in 2006. That number does not include

hostages/kidnapping where they were not injured. At the end of 2010, around

500 seafarers from more than 18 countries were being held hostage by pirates.

In some cases, modern pirates are not interested in the cargo but instead in

taking the personal belongings of the crew and the contents of the ship's safe,

which might contain large amounts of cash needed for payroll and port fees. In

other cases, the pirates force the crew off

the ship and then sail it to a port to be

repainted and given a new identity

through false papers often purchased

from corrupt or complicit officials.

Environmental action groups such as Sea

Shepherd and Greenpeace have been accused of engaging in piracy and

terrorism, when they ram and throw butyric acid on the decks of ships engaged

in commercial fishing, shark poaching and finning, seal hunting, and whaling. In

two instances they boarded a Japanese whaling vessel. While non-lethal

weapons are used by these groups, their tactics and methods are considered acts

of piracy by some.

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Many nations forbid ships to enter

their territorial waters or ports if the

crew of the ships is armed in an

effort to restrict possible piracy.

Shipping companies sometimes hire

private armed security guards.

In modern times, ships and

airplanes are hijacked for political reasons as well. The perpetrators of these

acts could be described as pirates. An example is the hijacking of the Italian

civilian passenger ship Achille Lauro in 1985, which is generally regarded as an

act of piracy.

Modern pirates also use a great deal of technology. It has been reported that

crimes of piracy have involved the use of mobile phones, satellite phones, GPS,

Sonar systems, modern speedboats, assault rifles, shotguns, pistols, mounted

machine guns, and even RPGs and grenade launchers.

Pirate Economics

A 2011 report called The Economics of Piracy, investigated the causes and

consequences of international piracy, with a particular focus on piracy

emanating from Somalia. The report asserts that piracy is an emerging market in

its own right, valued at between US$4.98.3 billion in 2010 alone, and it

CREW OF THE FAINA

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establishes, for the first time, an economic model for assessing the costs and

benefits of international piracy. The report states that the number of pirates

could double by 2016, increasing by 400 each year. This is being fuelled by

attractive financial incentives with Somali pirates earning up to

US$79,000/year; equating to almost 150 times their countrys national average

wage.

Over the past five years, ransoms paid to Somali pirates have increased from an

average of $150,000 in 2005 to $5.4 million in 2010. The largest known ransom

payment was for the South Korean oil

tanker, the Samho Dream. This vessel

was ransomed for a record $9.5 million

in November 2010. By the end of 2010,

approximately $238 million was paid in

ransoms to Somali pirates in that year

alone.

Insurance Premiums

Shippers purchase four main types of insurance as indemnity against piracy:

War risk

Kidnap and ransom (K&R)

Cargo

Hull.

VLCC SAMHO DREAM

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The most significant increase in premiums has been in war risk and K&R. The

Gulf of Aden was classified as a war risk area by Lloyds Market Association

(LMA) Joint War Committee in May 2008, and is therefore subject to these

specific insurance premiums. The Cost of Piracy Model calculates the additional

cost of insurance to the shipping industry by using a lower bound estimate (10%

of ships purchasing these insurance premiums) and an upper bound estimate

(70% of ships). Its estimate that total excess costs of insurance due to Somali

piracy are between $460 million and $3.2 billion per year.

Legal authority

There are legal barriers to prosecuting individuals captured in international

waters. Some countries are struggling to apply existing maritime law,

international law, and their own laws, which limit them to having jurisdiction

over their own citizens. According to piracy experts, the goal is to deter and

disrupt pirate activity, and pirates are often detained, interrogated, disarmed,

and released. With millions of dollars at stake, pirates have little incentive to

stop.

Prosecutions are rare for several reasons. Modern laws against piracy are almost

non-existent. Warships that capture pirates have no jurisdiction to try them, and

NATO does not have a detention policy in place. Prosecutors have a hard time

assembling witnesses and finding translators, and countries are reluctant to

imprison pirates because they would be saddled with them upon their release.

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By contrast, the United States has a statute imposing a sentence of life in prison

for piracy committed anywhere on the high seas, regardless of the nationality of

the pirates or the victims.

While the non-wartime 20th century tradition has been for merchant vessels not

to be armed, the U.S. Government has recently changed the rules so that it is now

best practice for vessels to embark a team of armed private security guards.

Other measures vessels can take to protect themselves against piracy are

implementing a high freewall and vessel boarding protection systems (e.g., hot

water wall, electricity-charged water wall, automated fire monitor, slippery

foam).

Finally, in an emergency, warships can be called upon. In some areas such as

near Somalia, naval vessels from different nations are present that are able to

intercept vessels attacking merchant vessels.

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10.4.3 Lecture 3: Maritime liens

A maritime lien is a claim against a boat for non-payment of goods or services

supplied to a boat. The lien arises the moment the work is completed or the

goods are supplied. A lien becomes delinquent when the request for payment is

delayed or denied.

In admiralty law, a maritime lien is a privileged claim upon maritime property,

such as a ship, in respect of services rendered to, or the injuries caused by that

property. In common law, a lien is the right of the creditor to retain the

properties of his debtor until the debt is paid.

It is a proprietary lien which interest is about the res (property). It should be

understood that res may be the vessel (including its appurtenances and

equipment), the cargo, the freight or even the proceeds of sale. The rights

include jus in re (right on the property) and jus in rem (right against the

property). The doctrine of Maritime Lien is that a ship will be treated as a

wrongdoer, not the owner, that the loss, damage or harm is caused by the

maritime property, itself, and it has to make good for the loss. The attachment of

maritime lien will start when the cause of action arises and will not be

eliminated even by change of ownership in good faith purchase.

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Characteristics of maritime lien

Wages of the ships master and crew

Salvage operations

General average claims

Claims for the breach of a charter party

Preferred ship mortgages

Claims under maritime contracts for repairs, supplies, towage, pilotage

and a wide variety of other necessaries

Claims for maritime torts including personal injury and death, and

collision claims

Claims for the damage or loss of cargo

Claim by the carrier of cargo for unpaid freight and demurrage

Pollution claims

Although there is a list recognized by the admiralty jurisdiction, the definitions

and criteria are not the same under the maritime law of differing jurisdictions.

Discharge and distinction of lien

Although the maritime lien is attached to the maritime property whoever the

ship owner is, it is possible to discharge or eliminate the lien by several ways.

They include payment of the claims, waiver, laches, foreclosure, and sale or

destruction of the res.

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Another method is an execution sale in a rem. This also removes the attachment

of the lien. The new ship owner will get the vessel with clear title. This rule could

be applied in case of an international judicial sale, such as an action in rem.

Destruction of the res results in the extinction of the lien. In this case, the lien is

eliminated when the whole ship is destroyed. However, partial destruction of

the vessel will not extinguish the lien and the lien will be attached to the

remaining part of the vessel.

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10.4.4 Lecture 4: General averages

The law of general average is a legal principle of maritime law according to

which all parties in a sea venture proportionally share any losses resulting from

a voluntary sacrifice of part of the ship or cargo to save the whole in an

emergency. In the exigencies of hazards faced at sea, crew members often have

precious little time in which to determin

Manual-Ingles Tecnico Maritimo II

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