Maritime Safety News Today – 25th April 2008

Somali forces storm hijacked Dubai ship, arrest pirates

MOGADISHU, Somalia (AP) — Security forces in northern Somalia stormed a hijacked ship carrying food Tuesday, rescuing hostages and arresting seven pirates, officials said. The seizure was the latest in a spate of pirate attacks off the increasingly lawless Somali coast.

NYK says tanker holed in attack
Marine Log – New York,NY,USA
The ship manager, TMM, has reported to the Maritime Safety Agency that the weapon used by the small unidentified boat appeared to be a rocket launcher.

Spain works to secure release of fishing boat hijacked off coast …
PR-Inside.com (Pressemitteilung) – Wien,Austria
«It is a concern for the brokers,» he said of the piracy off Somalia. Cyrus Mody, a senior analyst at the International Maritime Bureau, a UN body that

Cosco Busan’s pilot charged with felonies
San Francisco Chronicle – CA, USA
(04-22) 16:35 PDT SAN FRANCISCO — The pilot of the container ship that struck the Bay Bridge in November and spilled more than 50000 gallons of fuel oil

Captain: No way to avoid collision
WZTV – Nashville,TN,USA
He says he shined a navigation light on the vessel in an attempt to get the attention of the operator, but failed to get it. Killed in the accident were

Firms bid to salvage shipwreck
Kathimerini – Athens,Greece
… staged a protest on the anniversary of the cruise liner’s sinking, calling for the vessel to be salvaged and all spilt fuel to be pumped out of the sea.

INTERTANKO launches Tanker Officer Training Standards (TOTS) Initiative

INTERTANKO is delighted to launch its Tanker Officer Training Standards (TOTS) initiative, an ambitious project on which it has been working with some intensity in a bid to respond to industry concerns over how to establish officer training standards.

NTSB “Could Do Better”

The Government Accountability Office (GAO) released the testimony report of its examination of management practices of the National Transportation Safety Board (NTSB). The GAO found that the agency made progress since the previous GAO review, but that there is still room for improvement. The NTSB should develop transparent, risk-based criteria for selecting which marine accidents it will investigate. Writing of the reports of marine accident investigations has materially improved. GAO-08-652T (4/23/08).

EU sending Spain satellite images of the ‘New Flame’
Panorama – Gibraltar,UK
The PP party, in raising the question about the New Flame, even made what are incorrect statements such as that the vessel is on the seabed on the Algeciras

Not Being John Cota

“Capt. Cota acknowledges the lack of situational awareness and does not expect it to happen again.”
Board of Pilot Commissioners for the Bays: Investigation into the grounding of the M/V Pioneer…on 20 February 2006.

Bay pilot John Cota’s week it wasn’t, starting April 8, 2008. Since the US Department of Justice has already charged him on two criminal counts, an act likely to hinder a helpful investigation, his lawyers advised him to claim the protection under the Fifth Amendment of the US constitution against self-incrimination and declined to give testimony at the public hearings of the US National Transportation Safety Board, a protection ironically, which the US government does not want extended to non-US seafarers.

The ship’s crew, currently detained as ‘material witnesses’ for Cota’s trial did not give testimony, either.

Much of the second day of the hearing was occupied by evidence on Cota’s medical condition and previous history of alcohol abuse – he was tested for alcohol immediately after the incident and found clear. After the incident, the US Coast Guard asked Cota to surrender his mariner’s license because “the listed potential side effects of those medications and how they may or may not have some impact upon his judgment, his ability to function, cognitive ability,” said Chief of the Regional Exam Center, George Buffleben.

A medical witness, Dr. Robert Bourgeois, told the hearing “I wouldn’t want anyone taking those medicines and having to make decisions in a safety-sensitive position”. When askled if he would let his children board a bus with a driver using such medication, he said “my kids would not be on that bus”.

John Cota, call sign Romeo, was evaluated for renewal of his license in January 2007 under a system that is currently undergoing changes. However, this does call into question the effectiveness of the medical examination process.

This does not necessarily mean that Cota was suffering impairment. If he was, the hearing was told, it would be difficult for the master or officers to tell whether or not he was so impaired as to present a hazard. Under US legislation ship’s officers are required to obey the orders of the pilot unless he is clearly incompetent or incapacitated.

There has been much comment about alleged problems with the radar, AIS and ECIDS, with Cota saying that the latter was confusing. It is clear for the VDR transcript that he was struggling with both. The pilot who had conducted the Cosco Busan inbound, Captain Nyborg, had no problems with radar or AIS, and these were found to be working after the incident.

He also had little problem communicating with the Captain, Mao Cai Sun, nor with the helmsman.

Captain Nyborg did notice a problem with the ECDIS, with the track being offset to the west. Nyborg disembarked the Cosco Busan and later went to the pilot conference centre for a monthly meeting. From there he saw the ship coming away from anchorage 7 and moving towards anchorage 9, “I was surprised because I recognized her as a ship I put in Oakland, and it would be very unusual for that ship to be coming to the wrong direction unless something had happened or something was wrong, like if they had a breakdown or something” said Nyborg. Other pilots present told Nyborg about the allision.

“I tried to remember where, you know, what issues I might have had with it, and what my, you know, if I had any difficulties or, you know, bad helmsman or anything like that. Nothing stuck out in my mind except that I, I remembered that, gee, I think that ECDIS display was showing a poor course as far as — a poor planned route through Delta Echo span, and I wondered if they had tracked the same deal coming outbound,” he told investigators.

Cota arrived at the meeting looking shaken: “(He) actually sat down within 3 or 4 feet of me, and I scooted my chair over and out of concern asked him, John, how you doing? He described how he was doing. Oh, my God, John, what happened? And, and he was visibly shaken. And I said you know what you should look into that – you should look into this ECDIS display because I believe it was, it was running West of where it should have been on my inbound. And of course I didn’t need it, but if you relied on it at all maybe it ought to be something that is investigated.”

Surprisingly, or prehaps not considering the possible emotional impact of the event, Cota forgot about the meeting: “John called me last night, and he had actually — didn’t recall me telling him that. He’s like there’s rumor around that you saw this or saw that, and I’m like, John, I talked to you at the meeting. Didn’t you remember that meeting? He said, no. I was really rattled, and I probably talked to people I didn’t, I don’t remember talking to. And that’s very understandable, you know,” said Nyborg.

To be continued

Cosco Busan TV

The Cosco Busan Hearings can be watched live here. heaRing start at 8.30 local time (NY).

Live Webcast!
Real Video
Windows Media

Cosco Busan Pilot Claims The 5th

Cosco Busan pilot John Cota has invoked his right under the 5th Amendment of the US Constitution, which protects accused persons from self-incrimination, not to appear at the US National Transportation Safety Board hearings which start on 8th April. Through lawyers, he claims that VTS personnel were betting on whether the 65,131 tonnes container ship would hit the San Francisco -Oakland Bay Bridge on November 7, 2007.

Sideswiping the bridge’s fenders, a gash was opened in the ship’s side that resulted in a 55,000 gallon spill of fuel oil.

The two-day public NTSB hearings will follow a 7th April conference to fix the final agenda. NTSB Chairman Mark V. Rosenker, who will chair the hearing says, “This accident presents the Board with many questions, such as: Was the Cosco Busan’s bridge navigation equipment working properly? Was there adequate oversight of the San Francisco bar pilot? Did the Coast Guard’s Vessel Traffic Service exert the appropriate level of control over the Cosco Busan?”

A further issue may be the possible effect of medication being taken by Cota for sleep apnea.

Cota’s lawyers claim that the Coast Guard VTS service could have avoided the accident but did not clearly communicate their concern to Cota and that VTS personnel discussed and took bets on whether the Cosco Busan would hit the bridge, based on “waterfront rumours”. The letter also says that the Coast Guard did not warn mariners about the fog and that Cota “… prevented a worse catastrophe by his clear and cool thinking.”

Cota faces prosecution for two misdemeanors under the Clean Water Act and the Migratory Bird Treaty Act. If found guilty, Cota could face a one year prison sentence or fines totalling $115,000.  Some six members of the Cosco Busan crew, who have not been charged are in detention as ‘material witnesses’ pending Cota’s trial.

The Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun has charged Cota with misconduct and the US Coast Guard has demanded his Merchant Marine Officer’s license because it “believes he is not physically competent to maintain the license.”

Regardless of the results of Cota’s trial or the NTSB hearing, the incident will throw the spotlight on the relationship between Pilot and Master, recently the subject of a Maritime Executive editorial, As pointed out in the responses to that item, the pilkot, at least under US law, is more than merely an adviser, a master is required to obey the pilot, and the bridge crew are required to obey the pilot as if he was the master, unless there is clear indication of the pilot’s incapacity or incompetence.

By which it’s usually too late.

Article of note: Joe O’Keefe – Criminalizing the Cosco Busan Incident

Joe O’Keefe of Maritime Executive magazine reviews the impact of criminal charges recently laid against the pilot of the Cosco Busan.  It could be the end of an era that has long passed it’s use by date.

Says Joe:

“I don’t know who made the decision to move the Cosco Busan (or why) on that fateful day. Perhaps we’ll never know. What I do know is that last week’s announcement by the Department of Justice changes the rules of the game forever. And, the Coast Guard is very soon going to have to change the answer to a certain multiple choice question on the Rules of the Road Exam, which asks, “What is the role of the pilot on the bridge of a large cargo vessel?” Hint: the answer is no longer “c.”  “

Read it here. 

Cosco Busan Crew Still Detained Without Charge

Shortly after Cosco Busan pilot John Cota was charged by the US Department Of Justice for matters related to the Cosco Busan oil spill after its allision with the San Francisco Oakland Bridge, US newspaper National Examiner journalist John Upton revealed that six members of the Cosco Busan crew, including the captain and chief engineer, are being detained in an unknown location without charge.

The US DOJ has, it is claimed, refused to give information on the whereabouts of the men.

Last month the International Transport Workers Federation, ITF, the International Chamber of Shipping and the International Shipping Federation launched a campaign for the fair treatment of seafarers following a maritime accident. A poster has been distributed which may be downloaded from the ISF/ICS or from the ITF.

Under International Maritime Organisation and International Labour Organisation guidelines seafarers have a number of rights, including the right not to self-incriminate and the right to legal counsel.

Under the new IMO code for investing maritime casualties, members states would be required to follow a code of practice which protects seafarers rights in a sort of maritime version of the ‘Miranda rights’. The US, however, objects to the human rights provision in the draft code.

US Justice Department statement on Cosco Busan Pilot

Ship Pilot Charged in San Francisco Bay Oil Spill Case

WASHINGTON—John Joseph Cota, the pilot of the Cosco Busan, the 65,131-ton container ship that collided with the San Francisco Bay Bridge resulting in the discharge of approximately 58,000 gallons of oil, was charged today with violations of the Clean Water Act and the Migratory Bird Treaty Act, announced Ronald J. Tenpas, Assistant Attorney General for the Environment and Natural Resources Division and Joseph P. Russoniello, U.S. Attorney for the Northern District of California.

According to the criminal information filed in U.S. District Court in San Francisco, Cota was licensed by the U.S. Coast Guard and the State of California as a Bar Pilot. He was a member of the San Francisco Bar Pilots and had been employed in the San Francisco Bay since 1981. Pilots are licensed professionals who are responsible for navigating ships through challenging waters. In California, large ocean-going vessels are required to be piloted when entering or leaving port.

The criminal information alleges that on Nov. 7, 2007, Cota negligently caused the discharge of approximately 58,000 gallons of heavy fuel oil from the Cosco Busan in violation of the Clean Water Act, as amended by the Oil Pollution Act of 1990. According to the charges, while piloting the ship from port in heavy fog, he failed to pilot a collision free course and failed to adequately review the proposed course with the Captain and crew on official navigational charts. Further, he failed to use the ship’s radar as he approached the Bay Bridge, use positional fixes or verify the ship’s position using official aids of navigation, throughout the voyage. According to the criminal information, these failures led to the Cosco Busan striking the bridge and spilling the oil.

As a result of the discharge of heavy fuel oil from the Cosco Busan, approximately 2,000 birds died, including Brown Pelicans, Marbled Murrelets and Western Grebes. The Brown Pelican is a federally endangered species and the Marbled Murrelet is a federally threatened species and an endangered species under California law.

Cota is charged with one count of violating the CWA and one count of violating the MBTA. The maximum penalty for a misdemeanor violation of the CWA is one year in prison and a $100,000 fine, and the maximum penalty for a misdemeanor violation of the MBTA is 6 months in prison and a $15,000 fine. A criminal information is merely an accusation. All defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.

The investigation is ongoing and is being conducted by the Coast Guard Investigative Service, the EPA Criminal Investigation Division, the Federal Bureau of Investigation, the U.S. Fish and Wildlife Service and the California Department of Fish and Game, Office of Spill Prevention and Response.

The case is being prosecuted by Assistant U.S. Attorney Stacey Geis of the U.S. Attorney’s Office for the Northern District of California, and David Joyce, Trial Attorney with the Justice Department’s Environmental and Natural Resources Division with the assistance of Ana Guerra.

Pursuant to the Crime Victims’ Rights Act, crime victims are afforded certain statutory rights including the opportunity to attend all public hearings and provide input to the prosecution. Those adversely impacted by the oil spill are encouraged to visit http://www.usdoj.gov/usao/can/community/Notifications/index.html and the Crime Victims’ Rights Act.

Maritime Safety News Today – 5th March 2008

Felixstowe cranes collapse in high winds

03 Mar 2008

Two ship-to-shore gantry cranes at Felixstowe’s Landguard Terminal ended up in a mangled heap on the quayside at the weekend after a ship delivering three new ship-to-shore cranes to the port broke loose from its moorings in high winds and crashed into them.

Bangladesh ferry toll reaches 45, police say
AFP –
DHAKA (AFP) — Rescuers in Bangladesh found six more bodies Sunday as the death toll from a ferry accident last week near Dhaka reached 45 with several still

Fishing crew airlifted to safety
Newstalk ZB – New Zealand
… winds are hampering the efforts of an oil spill response team heading to the site of a grounding of a commercial fishing vessel in the Far North.

Japan warship collides with freighter in Vietnam
Reuters – USA
The reason for the collision in Vietnam, which scratched paint off the Cambodian ship and bent a flag pole on the Japanese vessel, was not yet clear,

Oil spilled by freighter forces closing of Boca Chica beach
Dominican Today – Santo Domingo,Dominican Republic
The Dominican Navy and Environmental Police agents retained the ship after the accident, said Environment minister Omar Ramirez, after meeting with the

Ship insurer pays $2M over San Francisco oil spill
Business Insurance – Chicago,IL,USA
By Judy Greenwald SAN FRANCISCO—The insurer of a ship that spilled fuel oil into San Francisco Bay following a November accident has made an initial payment

Desal workers strike over safety fears
ABC Online – Australia
Maritime Union of Australia secretary Warren Smith says basic safety standards are not being met on the site. “These are basic issues, such as no recovery

Salvage Team Assessing Boat Grounded on Reef
Scoop.co.nz – New Zealand
… with the grounding has now improved significantly. An Auckland-based salvage team appointed by the Seawyf’s owner had headed out to the grounded vessel

Workboats Fiji to remove vessel
Fiji Times – Suva,Fiji
Crew discovered that the vessel listed on the starboard side, that the Ground Deck was full of water, the cargo hold half full of sand, there were further

Turkey hints at maritime fraud behind missing Rezzak
Daily News & Analysis – Mumbai,India
Surprisingly, other sophisticated gadgets like the Global Maritime Distress and Safety System and Emergency Position Indicating Radio Beacon had also

One dead in boat collision off Bamfield
BCLocalNews – Victoria,BC,Canada
A 30-year-old female passenger was thrown from the vessel entering the inlet. She was recovered from the water and both CPR and first aid were administered.

Storm sinks “pirates” ship in Bahamas
Sebastian Sun (subscription) – Sebastian,FL,USA
The 104-foot dive boat SV Juliet, which was departing Turks and Caicos at the time, heard the USCG call and diverted 45 miles to the sinking boat’s location

Companies swap accusations over SKorea’s worst oil spill
AFP –
They have said it was impossible for the ship to have weighed anchor in time to avoid a collision, which took place nine minutes after the towlines snapped.

Commandant demands USCG treat mariners with “professionalism and …
Marine Log – New York,NY,USA
The Coast Guard has been making a major effort to get the maritime safety mission back on track since a House Subcommittee on Coast Guard and Navigation

Times Colonist – Victoria,British Columbia,Canada
… was a very substantial period of time between the sinking of the vessel and the RCMP to have access to any of the individuals on the ship,” she said.

Singapore – safety of towed ships and other floating objects The Singapore Maritime and Port Authority (MPA) issued a circular reminding owners, operators, and masters to observe relevant portions of the IMO Guidelines on the Safety of Towed Ships and Other Floating Objects.  Shipping Circular No. 7 of 2008 (2/27/08).

TSB to release report on ferry sinking next week in Vancouver
The Canadian Press – VICTORIA
Two people were killed, while 101 others were rescued before the 37-year-old ship sank about an hour after the collision. Three crew members lost their jobs

 

Maritime Safety News Today – 26 January 2008

Titas pipeline on blaze after hit by trawler
The Daily Star – Dhaka,Bangladesh
“Soon after the propeller of the vessel hit the pipeline with a bang, a huge swirl was created in the river and we thought our boat was sinking,” said 

Crippled ship is rescued
Melbourne Herald Sun – Australia
“She was en-route from New Zealand to India to be scrapped when she broke down and Maritime Safety Authorities asked us to take her in tow,” Capt .

OJ Freighter Hits Ship in NJ
The Associated Press –
The vessel was later stabilized and in no danger of sinking, though the extent of the damage was not immediately clear. The Orange Sun was on its way to a

Coast Guard assists sinking tugboat’s crew
Peninsula Daily – Port Angeles,WA,USA
The crew put on survival suits and got into the water as the vessel was sinking. A fishing vessel, the Kilchis, picked up the crew, and took them to a 

3 men rescued from sinking fishing boat
KING5.com – Seattle,WA,USA
AP SEATTLE – The Coast Guard says it has rescued three men from a fishing vessel that was taking on water after hitting a jetty at the exit to Grays Harbor

Dragger sinks near Trenton
Ellsworth American – Ellsworth,ME,USA
The Department of Marine Resources Marine Patrol and the United States Coast Guard (USCG) responded to the sinking. The vessel reportedly was attached to .

Trial opens over SKorea’s worst oil spill
AFP –
The accident happened after a line connecting one of two tugboats to the barge snapped, leaving the barge drifting uncontrollably towards the Hebei Spirit .

Hong Kong Tanker Owners Protest South Korean Indictment of Crew in …
Voice of America – USA
Last December, the Hebei Spirit, a Hong Kong-registered tanker, was at anchor off the west coast of South Korea. A drifting South Korean crane barge, 

KIRIBATI MAN DETAINED IN CHINA
Niu FM – Auckland,New Zealand
Auckland 8am: A maritime recruitment agancy says very little is known about a Kiribati seafarer being detained in China for drug smuggling – so the

Lawyers Plan to Meet Today Over Cosco Busan Oil Spill
KCBS – CA,USA
Friday, lawyers are supposed to discuss whether the process is on course for an April 28 hearing into the Cosco Busan’s collision with the Bay Bridge, 

Unions discuss FOC shipping with Irish ministers
Shipping Times – UK
They explained how crucial this was in light of the number of seafarers who disappear without a trace – some 1500 annually. Requests for assistance were 

53 ships docked without safety norms, SC told
Times of India – India
Since the September order, the nodal Gujarat Maritime Board has not given permission for ship-breaking because no shipbreaker has provided the requisite

Maritime Safety News Today – 19th January 2008

Total Responds to Erika Verdict

The French oil giant is “disappointed” that the Paris Criminal Court imposed a fine for the maritime pollution that occurred as result of the 1999 sinking of the tanker Erika.

UK – update re sinking of ICE PRINCE The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the estimated clearance over the wreck of the ICE PRINCE is 46.8 meters, but that an Irish Lights vessel will examine and confirm the clearance.  In the meantime, a temporary exclusion zone of 1000 meters is in effect.  Bundles of the floating timber are breaking up, but may still present a hazard, particularly for smaller vessels.  An incident report provides further details. (1/17/08).

Bourbon Dolphin findings delayed
BBC News – UK
The publication of an official report into the sinking of the Bourbon Dolphin off Shetland has been delayed. The vessel capsized during an anchor handling

Man attempts suicide in protest at SKorea oil spill payout
AFP –
A barge drifting in stormy weather smashed into the 147000-ton Hong Kong-registered tanker Hebei Spirit on December 7, causing the tanker to spill some

Harbor pilot pulled from chilly gulf
The News Herald – Panama City,FL,USA
Knowles guided a 300-foot cargo ship bound for Mexico through the St. Andrew Pass and out to sea Wednesday afternoon. The captain used a ladder to climb out

Ship Hits Bay Area Bridge…Again
KCBS – CA,USA
(KCBS) — For the third time in three months a ship has collided with a Bay Area bridge. The US Coast Guard says that around 2:30 Wednesday morning,

Grounded Fishing Vessel’s Damage Assessed Transit Plan Developed
SitNews – Ketchikan,AK,USA
… boom continued to surround the vessel as a precaution and there have been no reports of petroleum leakage after the vessel’s initial grounding.

FG explains oil vessel explosion in PH
The Tide – Port Harcourt,Niger Delta,Nigeria
… Harcourt on Friday was caused by an accident. Our correspondent reports that a ship carrying 5000 tonnes of petrol exploded at the Port Harcourt Wharf.

Freighter to Replace Damaged Ship

Posted 01/18/08 at 10:26 AM

Commodore Goodwill sustained damage to its hull during high winds on December 10 and it is not known when it will be back in service. The ship usually delivers some food and goods to Guernsey. Condor Ferries has chartered the Triumph. The replacement ship will begin daily sailings to Guernsey from 1 February. Source: BBC

San Francisco Bay – initial report on Cosco Busan incident prepared

The US Coast Guard issued a press release stating that the initial report on the COSCO BUSAN incident has been prepared and forwarded to Headquarters for review.  The report, prepared by the Incident Specific Preparedness Review (ISPR) team, focuses on the first two weeks of the response to the November 7, 2007 allision of the freighter with a pier of the San Francisco-Oakland Bay Bridge and the ensuing oil spill.  Public release of the report is expected in approximately two weeks. (1/16/08).

Savannah River – grounded vessel refloated

The US Coast Guard issued a press release stating that the container ship that grounded in the Savannah River has been refloated with the assistance of two towing vessels.  The ship has been moved to an anchorage area until the problem causing the grounding has been identified and repaired.  The incident is under investigation. (1/16/08).

Duluth – salvage plan approved for partially sunken laker

The US Coast Guard issued a press release stating that the salvage plan has been approved for the laker that partially sank after striking a submerged object while approaching its pier in Duluth.  Deballasting is expected to take several days.  Then repairs can be effected. (1/16/08).

Cyprus and Syria Sign Cooperation Agreement on Maritime Pollution

The agreement entails “. . . combating marine pollution, training and rehabilitation, research and the possibility of holding twining among the Syrian and Cypriot ports.”

Dock owner stands firm over pilot’s sacking
Liverpool Echo – UK
The member of trade union Unite was dismissed after an incident involving the grounding of a pilot vessel. No-one was hurt but he lost his job after