nded 19 Fou 36 $4.00 USD

o i April 2012 Vol. 42, N 2 nc 63 idelights or 19 porated S Written by Masters & Pilots, for Masters & Pilots 2012 Annual General Meeting NW Passage and Arctic Shipping

Master experiences Armed Response Teams on recent voyage through Gulf of Aden

Perspectives on the Costa Concordia

NOAA Navigation Response Teams may face elimination

IFSMA reports on IMO sub-committeees

Published by the Council of American Master Mariners, Inc. The Council of American Master Mariners is dedicated to supporting and strengthening the United States Merchant Marine and the position of the Master by fostering the exchange of maritime information and sharing our experience. We are committed to the promotion of nautical education, the improvement of training standards, and the support of the publication of professional literature. The Council monitors, comments, and takes positions on local, state, federal and international legislation and regulation that affect the Master. ATTL The Council of American Master Mariners, Inc. SE E

C Annual General Meeting A C

M D M P Professional Development Conference AGM & May 9-11, 2012 ¶ Seattle, WA USA Hosted by the Seattle / Pacific Northwest CAMM Chapter

PDC Speakers* J. Penelope Goforth Maritime author and researcher. Presentation on NW Passage Captain Beverly Havlik Northwest Passage USCG, Icebreaker program LCDR Dave Zezula NOAA Chief of Pacific Hydrographic Arctic Shipping Branch, Northwest Passage Charting & Curtis Ebbesmeyer, Ph.D. Oceanographer, Tracking the Pacific Ocean Debris from Tsunamis Professional Development Conference Presentations and discussions on the Northwest Passage and Invited Speakers* Pacific Maritime Institute Arctic shipping and the challenges facing mariners including Ice Navigation routing, ice navigation, charting, politics, safety and more. Representatives from Company of Master Mariners of Canada; Canadian perspective on Arctic Shipping Business Meeting USCG District Commander Invited as Gala Keynote Speaker Vote on CAMM Positions and proposals moving CAMM forward. CAMM positions are used as our voice in Congressional matters *Subject to change and International Conventions through IFSMA and the IMO.

Gala Dinner Formal evening with Keynote Speaker, the Lalonde Spirit of the Event Chairperson: Seas Award Presentation, Introduction of 2012-2014 National Capt. Richard Klein [email protected] Officers, and recognitions. Sponsorship Opportunities Available

 Sidelights April 2012 The Council of American Master Mariners, Inc. Conference Agenda

Registration Wednesday May 9 Registration forms are now available on the CAMM website. Follow the Golf Outing links to 2012 PDC & AGM. Please be sure to register early; registrations are $50 per person, cart, fees & lunch included due April 15, 2012. Mt. Si Golf Course 1000 hrs staggered start PDC Dinner aboard Queen of Seattle CAMM Welcome Reception The Queen Of Seattle is an old fashioned sternwheeler Red Lion Downtown with a working steam engine. Guests will be allowed to visit below and view the steam engine working. We will be touring Lake Union and up to the Government locks for a 2 ½ hour trip which includes a catered dinner. Thursday May 10 Professional Development Activities / Day Trips Conference Golf: For early arrivals, bring your clubs and join us for a round of golf, $65 per person, lunch included staggered start, on Wednesday at 1000 hrs. Guest Speakers Guest Tour: Spouses and guests are invited to “Ride the Ducks” touring Guest Tour - Ride the Ducks Seattle and waterways on Thursday. $40 per person, includes transportation Dinner & Evening Social Venue and Accomodations $40 per person, includes transportation Queen of Seattle Lake Union, Seattle Downtown Seattle Red Lion 1415 Fifth Avenue • 3 blocks from the Monorail Seattle WA 98101 (takes you to the Space Needle) www.redlion.com • 3 blocks to great shopping like Friday May 11 1-855-515-1144 Westlake Plaza, Nordstrom, & Pacific Annual General Meeting Code: CAMM0509 Place $65 per person, lunch included Rate: $159.99 + taxes • 5 blocks form Pike Place Market Officer Reports (per night, room only) • 2 blocks from light rail (SEA airport) Council Business Strategic Plan Views & Positions Discussion

ATTL SE E Gala Dinner $60 per person

C Annual General Meeting

A C Keynote Speaker M D M P Professional Development Conference AGM & Lalonde Spirit of the Seas Award Presentation Print and return the registration form today! Introduction of 2012-2014 National Officers www.mastermariner.org Recognitions Registration and room bookings due April 15, 2012

The Council of American Master Mariners, Inc. April 2012 Sidelights  Lynnwood, WA 98046-5034 www.mastermariner.org

South Atlantic Region MAILING ADDRESS P.O. Box 5034 PORT EVERGLADES / MIAMI Lynnwood, WA 98046-5034 Captain David Goff, President 561-392-5476 NATIONAL OFFICERS [email protected] President Meetings at 1200, the 3rd Wednesday of the Captain Cal Hunziker month, except July and August. Location var- [email protected] North Atlantic Region ies, so please call or check website for current 253-862-7493 NEW YORK / NEW JERSEY location. First Vice President Chapter Inactive Mailing Address: 1106 S.W. 12th Road Captain Liz Clark Boca Raton, FL 33486 [email protected] Anyone interesting in restarting this chapter, 954-781-0183 please contact National President Capt. TAMPA BAY Cal Hunziker. Second Vice President Captain David H. Williams, President Captain Vic Faulkner BALTIMORE / WASHINGTON 352-637-1464 [email protected] [email protected] 360-798-9530 Captain Joe Hartnett, President 410-867-0556 Meetings at 1130 on the 2nd Tuesday of each Treasurer and Secretary [email protected] month, except July, August and September. Captain Donald Moore, Jr. Columbia Restaurant, 7th Ave. and 22nd St. [email protected] Meetings at 1130 monthly, except June - 425-775-2331 August. Steady date TBD. Pilot Maritime Center Mailing Address: 1760 E. Littleton Ct. (3rd Floor) 3720 Dillon Street, Baltimore, MD. Inverness, FL 34453 North Atlantic Regional Vice President OPEN Mailing Address: P.O. Box 700 North Pacific Region Edgewater, MD 21037-0400 SEATTLE / PACIFIC NORTHWEST South Atlantic Regional Vice President NORFOLK / HAMPTON ROADS / TIDEWATER Captain Richard Klein, President Captain Jerome Benyo 425-746-6475 [email protected] Chapter Inactive [email protected] 727-791-0313 Anyone interesting in restarting this chapter, Meetings at 1130 on the 1st Thursday of each Gulf Regional Vice President please contact National President Capt. Cal month. Rock Salt Steaks and Seafood, Lake Captain Robert A. Phillips Hunziker. Union, 1232 Westlake Ave. N, Seattle. [email protected] 504-737-6619 Mailing Address: PO Box 99392 Seattle, WA 98139 South Pacific Regional Vice President Captain Klaus Niem Gulf Coast Region COLUMBIA RIVER [email protected] NEW ORLEANS 707-255-6567 Captain Vic Faulkner, President Captain Karl Jaskierny, President 360-798-9530 North Pacific Regional Vice President 504-737-4849 [email protected] Captain Carl Johannes [email protected] Meetings at 1200 on the 2nd Thursday of Meetings are at 1200 on the 2nd Friday of 206-448-3433 each month, except July and August at Don’s each month. Red Lion Inn at the Quay in Seafood Hut, 4801 Veterans Blvd., Metairie, Vancouver, WA (I-5 and the Columbia River). Immediate Past President LA. Captain Tom Bradley Mailing Address: 121 Hazel Dell View [email protected] Mailing Address: 8112 Ferrara Drive Castle Rock, WA 98611 360-901-1257 Harahan, LA 70123 MOBILE BAY South Pacific Region APPOINTMENTS & CHAIRS Captain Pete Booth, President LOS ANGELES / LONG BEACH BOG at Large 850-456-2400 Captain David Boatner, President Captain Warren G. Leback [email protected] 805479-8461 Council Chaplain Meetings on the 2nd Tuesday of each month [email protected] Fr. Sinclair Oubre at 1330. Ryan’s Grill, Buffet, & Bakery, 4439 Meetings at 1200 on the 2nd Tuesday of each Constitution and Bylaws Rangeline Road, Mobile, Alabama. month, except August. Ante’s Restaurant, 729 Committee Chair Mailing Address: 615 Bayshore Drive #408 S. Ante Perkov Way, San Pedro, CA. Captain Chick Gedney Pensacola, FL 32507-3565 Mailing Address: 533 N. Marine Ave Membership Committee Chair Wilmington, CA 90744-5527 Captain Liz Clark HOUSTON Master’s Paperwork Reduction Captain Michael J. Mc Cright, President SAN FRANCISCO BAY AREA Committee Chair [email protected] Captain Klaus Niem, President Captain Warren Leback Meetings on the 2nd Thursday of each month, 707-255-6567 Positions Committee Chair September - April. TAMUG Blue Room, [email protected] Lyn McClelland Galveston, TX. Meetings on the 1st Tuesday of each month, Finance Oversight Committee Mailing Address: 11:30, Sinbad’s Pier 2 Restaurant in San Captain David Williams 4620 Fairmont Pkwy, Suite 203 Francisco, south of Ferry Building. Captain Gussie Roth Pasadena, TX 77504 Mailing Address: 4207 Chardonnay Ct. Captain Don Mercereau Napa, CA 94558-2562 In This Issue

On THe Cover The U.S.-Flag Sunshine State. Photo by Captain Terry Jednaszewski. View From the Bridge 6 Sidelights President Captain Cal Hunziker reflects on 4605 NW 139th Loop Vancouver, WA 98685 the past four years and a recent visit to the 360-901-1257 Titanic exposition in San Diego reminds [email protected] him of human elements of sailing today. He Editor-in-Chief ends with an invitation to Seattle for CAMM’s Captain Tom Bradley Professional Development Conference and Annual General Meeting in May. eDITORial Board Capt. Tom Bradley Capt. John Konrad Capt. Pete Booth Capt. Ron Meiczinger In the Council 7 Capt. John A.C. Cartner Capt. Klaus Niem Capt. Cal Hunziker Capt. Bob Phillips Council Chapter & Officer Reports...... 7 New Members...... 8 COntributors Reports 2012 Annual General Meeting...... 2-3, 11 A.K. Bansal Tuuli Messer-Bookman Tom Bradley Donald Moore, Jr. Watchkeepers’ Report...... 10 John A. C. Cartner Jan Newton Cross’d the Final Bar...... 11 Peter Chelemedos Klaus Niem Chaplain’s Report...... 12 Jackson Davis Sinclair Oubre Michael Henderson Tom Stapleton Cal Hunziker Douglas Subcleff Rodger MacDonald Will Watson In the Industry 13 John McCann Paul Willers George Marshall, Jr. Cowardice is not unlawful...... 13 Flag State support seafarers abused COPY eDITORS by pirates...... 14 Davyne Bradley Pat Moloney NOAA Navigation Response Teams face Liz Clark Klaus Niem possible elimination...... 16 NOAA Electronic Navigation Charts®...... 17 Design & Layout NANOOS: Ocean Acidification...... 18 Davyne Bradley

Printing Sir Speedy Largo In the Membership 20 Advertising Manager & Admin Armed Response Teams...... 20 Capt. Tom Bradley Abandoning his ship...... 22 [email protected] 360-901-1257 Peter, The Odyssey of a Merchant Mariner...... 24 To Submit Material George Marshall, Jr...... 26 We welcome your articles, comments, Old tanker captain on a fancy cruise...... 27 illustrations and photographs. Please email or send your submissions to Sidelights Chair Capt. Tom Bradley at the above address. All submissions will be reviewed, but are not International Perspective 28 guaranteed to be published. IFSMA...... 28 UNITY FOR SAFETY AT SEA Publication Deadlines IMO World Maritime Day...... 29 Issue Submission Release CMMC: National Master John McCann...... 31 IFSMA February Jan. 5 Feb. 1 The Costa Concordia...... 30 April March 1 April 1 June May 1 June 1 October Sept. 1 Oct. 1 December Nov. 1 Dec. 1 NOTICE The articles in this magazine are entirely those of the writer, and do not necessarily reflect the views of CAMM nor its Board of Governors.

The Council of American Master Mariners, Inc. April 2012 Sidelights  from the

Bon Voyage

It is with a he came out of the forecastle where he the industry do not. To tell the truth, I mixture of started at the age of 13, in 1871. At the wouldn’t want anyone in the industry sadness and age of 21, Smith passed his second mate’s knowing my name for either of those joy that I license and in 1875 his master’s license actions. Never forget, our job as master write this last at the age of 25. At the age of 26 he com- on merchant ships are first and foremost Captain Cal Hunziker View From manded his first sailing vessel, the Lizzie the safety of our vessel, cargo and crew. CAMM National The Bridge. As Finnell, hauling guano from Peru. He As I leave this post, I wish you all fair President I reflect over joined White Star Lines in 1880 sailing winds, following seas, a safe harbor and #2457-R the past four as fourth officer. He rose through the a career that you can be proud of when years, I note the many gains and losses ranks and got his first White Star com- you retire. that life is brought myself and CAMM mand at age 37 on the passenger ship As you are aware, the 2012 AGM is and the maritime community as a whole. Republic. From there on, Captain Smith being held in Seattle. It is my sincere CAMM has grown in stature and recog- was given command of larger and larger hope to see many of you there from all nition not only in the United States but vessels and his reputation grew among our port chapters. I know that the Seattle internationally as well. We have gained the “rich and famous” of the time as the chapter has a full and interesting program new membership within our ranks and millionaires captain. Although known laid out for both captains and spouses. look forward to continued success under as a “Safe Captain”, he was also known From golf on Wednesday to a dinner new leadership. Conversely, we have lost to drive his vessels even in foul weath- cruise on Thursday, and the gala dinner many of our friends and comrades as the er. Unfortunately, his need to maintain on Friday will be a hit for everyone. Of years have passed. They are gone but not maximum speed finally did him in. The course, the PDC, with its emphasis on forgotten and their contributions to our “Safe Captain” lost his ship and his life by the Arctic passage and Arctic navigation organization have made it stronger. It is pushing too hard one time too many. will be a must see. The business meet- my hope that the younger men take the A story was relayed to me today about ing on Friday should also be interesting, helm at CAMM will carry on the tradi- an interview by Barbara Walters of with reports on piracy and criminaliza- tions that were laid down before them. Captain Joe Hazelwood. In the inter- tion. For those who have an extra week, While on vacation this past week I was view, Walters asked Hazelwood how he the cruise season to Alaska starts that privileged to be able to visit the Titanic felt about his name being associated weekend and National Maritime Week exposition in San Diego. While of course with the greatest oil spill in America. concludes with the Tug Boat races in the show was mainly about the ship and Captain Hazelwood in return ask her if Elliot Bay on Saturday. Come and enjoy its passengers, there was a small section she knew who Captain Edward Smith Pacific Northwest hospitality. devoted to Captain Edward Smith, the was. She replied that she didn’t know the ship’s master. Upon returning home I name and Captain Hazelwood informed did some further research into Captain her who he was. Yes, those of us in Captain Calvin C. Hunziker Smith’s life and found that he lived a the industry know who Captains Smith life similar to many of us. Born in 1850, and Hazelwood are, but most outside

 Sidelights April 2012 The Council of American Master Mariners, Inc. Council Reports

Secretary’s Report ment solicitations continues to show will be hard to beat. My thanks, too, to Submitted by Captain Don Moore, Jr. interest. Captain Tom Bradley, Sidelights the many contributors and supporters Preparations continue for the AGM Editor asks all hands to submit to him who were vital to Sidelights’ success. to be held in Seattle in May 2012. The contact names of any one in the Maritime My hope is that you continue with your Seattle Chapter is putting together what Related Field that could be approached support. looks like an informative, entertain- for ad sales. ing and enjoyable AGM. Details can be As of 03/06/2012 we have collected Seattle / PNW found elsewhere in this publication. $1,575 and we are expecting a lot more Submitted by Captain Douglas Subcleff Election Ballot cards and member to come in the near future. Chapter Secretary Proxy Cards were sent out to all active This column will be my final col- Seattle PNW Chapter Vice President, members who were current in dues as of umn submitted to Sidelights as National Captain Chuck Lund, was the officer 12/31/2011. Those who were in arrears Secretary/Treasurer. My tour will end in charge for the February meeting. He will be receiving these ballots when their with the elections to be held at our AGM started off with a gracious welcome to dues are paid. in May. all. Captain Cal Hunziker provided a As of 2/29/2012 there were 826 active I consider myself to be very grateful brief summary of Council news that members listed in our data base. Of to be associated with The Council of included an update on the situation with this number, 464 have responded with American Master Mariners, and espe- the imprisoned Bulgarian shipmaster required dues and completed personal cially to serve as a National officer for in Panama and talked about what will data sheets. That leaves 362 members the last seven years. I have met and be published in the February issue of who have not responded. I am hoping worked with many terrific individuals. Sidelights. Captain Lund provided the to see the vast majority of this number I will continue to be active in the latest details about the Council’s annual received by the time the AGM comes National organization, and I will lend meeting to be held in May in Seattle. around. a hand in the Seattle chapter. Thank Captain Doug Subcleff showed a short We have collected a total of $28,551. you for making my tour of duty as your YMTA promotional DVD, followed by This represents $24,030 in dues, $2,636 Secretary/Treasurer an extremely pleas- a review of the lessons learned from the in raffle ticket sales, $240 in new mem- ant one. cruise ship Costa Concordia disaster. ber application fees, $70 in personal There was no guest speaker scheduled donations, and $1,575 in advertising in Sidelights Committee for February, so we tried something else. Sidelights. Submitted by Captain Tom Bradley, We asked everyone in attendance to We have had some luck so far this Committee Chair either write down or speak about some- year collecting back dues. Dues received As this is my last issue of Sidelights thing that they appreciated or remem- breakdown looks like this: as Editor-in-Chief, I want to say thank bered about their spouse from those sea- 2010 dues = $120 you for allowing me to serve as editor going days. Everyone responded; some 2011 dues = $1,140 and remind you of what Sidelights has by writing on a note card and some by 2012 dues = $22,650 become. It is the best marketing tool standing up and sharing a story. It made 2013 dues = $120 the Council has ever had, it increased for an interesting afternoon. Our ongoing new member drive con- national and world-wide knowledge and The Chapter recognized Mrs. Debbie tinues to show progress. We have signed awareness of CAMM, and helped to Lund for her work in support of the five new members since the last issue of bring in more members than ever before. Seattle PNW Chapter. Debbie has often Sidelights and have upgraded another Through Sidelights, the members were volunteered her time to assist the Seattle from special to regular membership sta- kept apprised of Council news, hap- Chapter with many tasks, from enve- tus. One of our new members is the first penings and issues that effects mariners lope-stuffing for the chapter treasurer to ever CAMM Cadet member. A list of the today, especially for those who can- the creation of her unique Super Bowl new members approved is published on not attend chapter meetings regularly. baskets for the raffle. page 8. Remember, if you recruit three History of members’ service to our coun- The March meeting began with a con- new members, you will receive a break try were recorded with their recounts of gratulatory round of applause to Captain in your dues for the next year. times at sea. Peter Chelemedos in recognition of his Our mailing of Sidelights advertise- I believe we have set a standard that Continued on page  >>>

The Council of American Master Mariners, Inc. April 2012 Sidelights  Council>>>Continued from page  ern coast of Alaska. An offshore drill Chapter meeting, the Seattle Pacific 90th birthday (Feb 10th). Peter contin- rig named the Kulluk is now at Vigor Northwest Chapter of the Council of ues to amaze us with his many maritime Shipyards in Seattle and will soon be American Master Mariners announced recollections. The meeting included a departing for these waters. a special Recognition Award to be pre- presentation by Captain Richard Klein The Chapter held a moment of silence sented to Georgia O’Neill for her many about his work with the American in honor of Georgia O’Neill, who passed years of service at the Seattle MM&P Bureau of Shipping on a barge modi- away on February 22nd at the age of union hall. At this particular meeting, it fication job in a Bellingham shipyard. 90. Georgia had worked many years at did not take long for a few stories to be The work is part of a massive energy the Seattle MM&P union hall and was shared. Captain Mel Flavel remembered company project that is being planned friends with many CAMM members. how Georgia would give him a call about for potential exploration off the north- On February 4, 2010, at our February having some lunch and he knew then that he might be shipping out soon. Pat Hartle recalled the retirement planning assistance Georgia gave her husband, Larry Gellerman, whose last job was as a Port Captain for Matson. Donald Moore recalled how, years ago, Georgia would let his kids play with her typewriter during a visit to the Hall and that now, it is a computer instead of a typewriter Photo: Doug Subcleff Left: Mrs. Debbie Lund, recognized for her work in support of that Kathy (Georgia’s replacement at the the Seattle PNW Chapter. Above: Captain Peter Chelemedos, MM&P) lets the next generation of kids who celebrated his 90th birthday, is all smiles as he receives play on. Georgia was unable to make it their raffle prize from Captain Moore. to the luncheon due to an ear infection, Photo: Doug Subcleff INTERNATIONAL ORGANIZATION OF New Members MASTERS, MATES & PILOTS ILA/AFL-CIO 3258-R Captain Jeremy Allen of Wilkes Barre, PA Congratulations! Upgrade from Special to Regular Recently completed maiden voyage as Master A dynamic advocate for the Sponsored by Captain Liz Clark, #997-L American Merchant Marine and a 3322-R Captain John E. Taylor of Houston, TX voice in Washington, D.C., for the Shoreside Operations Management; BP Shipping Sponsored by Captain Jack Carroll #2844-R U.S.-flag maritime industry. 3323-R Captain James Joseph Brady of Bellevue, WA Columbia River Bar Pilot Go to www.bridgedeck.org Sponsored by Captain Daniel Jordan, #2698-R to find out more about our work. 3324-A Captain Timothy R. Browne of Deerfield Beach, FL Former small tug master, involvement in Great Lakes Maritime Industry and memorial. Sponsored by Captain Dave Goff, #1885-R 3325-A Ms. Pat Hartle of Seattle, WA American President Lines, Ret.; Active in many local maritime organizations. Sponsored by Captain Donald M. Moore, #1513-L 3326-A Cadet Nathaniel K. Lammers of Traverse City, MI Student at Great Lakes Maritime Academy, targeted graduation date on 01/30/2014 Proudly serving in peace Sponsored by Captain John Konrad #3205-S and war since 1880 Triple our Membership Drive Timothy A. Brown Don Marcus Sponsor 3 approved new members and be eligible to International International President Secretary-Treasurer earn a free year’s membership dues! Membership appli- cations are available online at www.mastermariner.org. 700 Maritime Boulevard, Suite B Linthicum Heights, MD 21090-1953 Applicants must include a copy of their current U.S.C.G. 410-850-8700 www.bridgedeck.org license for timely processing.

 Sidelights April 2012 The Council of American Master Mariners, Inc. so former Seattle Chapter President, Francisco waterfront. the change of watch to President, Captain Captain Andy Subcleff, volunteered to Due to lackluster membership atten- Michael McCright and VP, Captain Joe visit with Georgia at her house that same dance, Captain Chriss Carson suggest- Perry. Secretary Captain Gussie Roth day. He presented her with a bouquet of ed to dedicate one monthly luncheon and Treasurer Captain Wayne Farthing flowers and the Recognition Certificate. with members from the SF pilots, APL, retained their positions. Georgia was overwhelmed by all of the Matson, MSC, Mobile Oil and Exxon. Of Meetings have returned to TAMUG attention. She really appreciated the course the luncheon/business meeting when the Academy is in session, handwritten notes to her from the meet- will be open to all CAMM members. September thru April. ing. She said she thoroughly enjoyed her At our February luncheon, we host- The March meeting marked our work at the MM&P. She also described ed Captain John Prince, Chief of Staff first back in TAMUG’s Blue Room in all the seafarers she had worked with to Admiral Castillo of the 11th USCG Galveston with four members and 8 over the years as “They were the greatest District, as our guest speaker. Captain cadets present. Mr. Mike Usher, Pilot bunch of guys you’ll ever know!” Prince’s Power Point presentation includ- Board Compliance Manager at the Port ed information about the various USCG of Houston Authority, was our guest Columbia River vessels, from the oldest to their newest speaker. Mr. Usher has over 37 years Submitted by Captain Tom Bradley Endurance Cutters and their various of experience in the maritime industry Chapter Member duties. including Homeland Security. It and holds a 1600 GRT USCG license, a Meetings continue to be at the Red was amazing to see that some of the old First-Class Pilot license, and is an IMO- Lion at the Quay in Vancouver the sec- buoy tenders are still functioning. certified Marine Investigator. He gave us ond Friday of the month. At our February The membership observed a moment a very positive and upbeat discussion on meeting, we elected our officers for the of silence in memory of the untimely the Port of Houston, and their ongoing year 2012: Vic Faulkner, President; Dan deaths of Captain Frank Madeiros and marine operations and expansions. After Jordan, VP; and Bill Good, Secretary/ Mrs. Cay Gedney, wife of past CAMM an extended question and answer ses- Treasurer. Complying with the by-laws President Captain Chick Gedney. Frank sion, the meeting was adjourned. of the chapter, we assigned the elected and I had sailed on the Californian ex Our next scheduled meeting is April officers as the three members to be co- Angela Petrie. The Californian, a wine 12 with Captain Jim Cleary speaking signers for the bank accounts. We set tanker, was employed in the Intercoastal on MARAD and their role in operating the calendar for the upcoming year for trade with many funny stories to tell ships in time of war and peace, and in business and meetings. We are looking about her and her crew. times of crisis. forward to the new year and working with our new members from Astoria. Los Angeles / Long Beach New Orleans We voted to forego meetings for June Submitted by Captain Dave Boatner, excerpted from newsletter and July, and will resume in August with Chapter President Our February meeting was attended a meeting in Astoria, Oregon. The Los Angeles / Long Beach Chapter by 13 members and guests at the Global meets at noon the second Tuesday of the Maritime Ministries Port Ministry San Francisco Bay Area month [except August] at Ante’s restau- Center. Many thanks to Chaplain Philip Submitted by Captain Klaus Niem rant in San Pedro. We usually have any- Vandercook for all his efforts and a good Chapter President where from 6 to 10 members in atten- time was had by all. Our March meeting At our January meeting, we had nine dance. Although our chapter has lost a will return to our normal location, Don’s of our usual suspects in attendance. few great captains during the last several Seafood Hut in Metairie. We discussed the upcoming America years, members still take an active inter- Cup event with a changing of the San est in their profession and encourage all Tampa Bay Masters living or visiting in the area to excerpted from Tampa’s CAMMLetter participate in our monthly meetings. The February 14th, 2012 CAMM Tampa Bay Chapter luncheon meeting Houston was called to order at 1215 hours with Submitted by Captain Micheal J. McCright twelve members and one guest present. Chapter President Captain Jerry Benyo gave a brief report At our February meeting, we elected on IFSMA activities and forthcoming the 2012 slate of officers and turned over meetings. Captain Dave Williams dis- cussed the brunch meeting at Mimi’s Captain John Prince, Chief of Staff to Admiral Café on Saturday, March 24th at 1030 Castillo of the 11th USCG District and CAMM member Captain Ehrling Carlsen at San hours. Francisco Bay Chapter’s February meeting. Continued on next page >>>

The Council of American Master Mariners, Inc. April 2012 Sidelights  In the Council

at Bath Iron Works Shipyard located in Captain John A.C. Cartner spoke to the Bath, Maine. He was involved in con- group on the latest developments of tracts, design and construction as well as the two paramount subjects facing the the delivery of both naval and commer- Master, piracy and the criminalization cial vessels. Jim is a graduate of Maine of mariners. Maritime Academy. We are sorry to report that Captain TAMUG Cadets John Garrott, #471-L, Cross’d The Final We are pleased to Bar in January 2012. Captain Garrott report the cadet group was a long time member of the Tampa is now growing; Cadet Photo: Chris Yearwood Dr. Captain John A.C. Cartner, CAMM member Bay Chapter and a retired Port Captain Wakefield has now stepped up to be and shipmaster turned maritime lawyer, for Farrel Lines. The chapter extends it’s TAMUG CAMM Chapter President, spoke to Baltimore/D.C. members on the heartfelt condolences to his family. with new recruits Owens, Coleman, and latest developments of the two paramount subjects facing the Master, piracy and the others coming aboard. criminalization of mariners. Baltimore / Washington DC submitted by Captain Joe Hartnett Mobile Bay Council>>>Continued from page  Chapter President New York / New Jersey Our guest speaker, Jim Blenkhorn, was The Chapter held its February meeting Port Everglades / Miami introduced by Captain Dave Williams. at the National Press Club in Washington No reports submitted. ¶ Mr. Blenkhorn presented an interesting D.C. on February 23, 2012 with 11 mem- talk about his experiences while working bers and two guests present. Author and Watchkeepers Report USCG National Maritime Center (NMC) by Tuuli Messer-Bookman, #3293-S Processing of Merchant Mariner Credentials Mariner Training and Assessment Data for mariners not needing a TWIC Program Because security checks and collection of biometric data The final testing of the Mariner Training and Assessment for mariners seeking Merchant Mariner Credentials (MMCs) Data program (MTAD) is complete and the National Maritime were traditionally conducted as part of the TWIC application, Center will make MTAD available to designated school rep- any mariner seeking to renew their MMC was also required resentatives beginning January 3, 2012. NMC envisions a to obtain a TWIC, even if a TWIC was not required by their Merchant Mariner Secure Electronic Application System that job. provides a single point of entry for the maritime industry in Under a new policy (CG-543 Policy Letter 11-15), the support of the merchant mariner credentialing process. USCG is allowing certain mariners to renew their MMCs The MTAD program allows designated school representa- without having to first get their TWIC. This policy applies to tives to enter student course completion information via the mariners who are inactive, or not operating under the author- Coast Guard’s “Homeport” website. Course completion infor- ity of their credential, or those who are serving aboard vessels mation is then merged with the mariner’s electronic record that are not required to have security plans. Mariners seeking and is readily available to NMC Evaluators. an original MMC or who have never held a TWIC will still be To register for a Homeport account, please submit an email required to obtain a TWIC, as that is the only process under request to [email protected]. Email account requests which the USCG collects bio-metric data from applicants. must contain a scanned letter on school letterhead designating school representatives who require accounts (those who will Notice on Implementation of 2010 be conducting data entry). Include position, email address Amendments to STCW and phone number for these personnel. The letters must be The USCG has published notice in the Federal Register signed by the school president, director, CEO or similar school announcing steps for implementation of the 2010 amend- official. ments concerning rest and security-related training require- Registered users will receive an email containing a username ments. Details can be found at www.gpo.gov/fdsys/pkg/FR- and password with a link to the Homeport website. 2012-01-04/pdf/2011-33818.pdf or by contacting Ms. Mayte For additional information, please contact the NMC MTAD Medina at 202-372-1406 or [email protected]. Administrators at [email protected]. As always, information from NMC can be found at http:// www.uscg.mil/nmc. ¶

10 Sidelights April 2012 The Council of American Master Mariners, Inc. ATTL SE E

C Annual General Meeting

A C

M D M P AGM & Business update Professional Development National Officer Nominations Venue and Accommodations Conference Officers have been officially nomi- See page 2-3 for details. The PDC will feature discussion on nated for 2012-2014 and ballots were the NW Passage / Arctic shipping and mailed to current members. Only ballots Registration the challenges for mariners including returned to the P.O. Box will be counted. Event registration is separate from routing, ice navigation, politics, safety, Please note the change of North Atlantic hotel accommodations. The registration and more. VP nominee to Captain Frank Zabrocky, form is on CAMM’s website and must be As of publication date, we’ve con- #1964-R of Darien, CT. returned no later than April 15, 2012. firmed four speakers and have invited a representative from Canada to talk Constitution & By-Laws Socials about the Canadian perspective of the No changes submitted for 2012. Golf outing on Wed., May 9th, to the Northwest Passage, Pacific Maritime beautiful Mt. Si Golf Course, A 1000am Institute to present on ice navigation. For Views & Positions staggered start at $50 per person includes our Gala Dinner Keynote Speaker, we’ve Please review the views and positions green fee, cart and lunch. invited a District Commander from the on CAMM’s website. Submit thoughts The welcome social at the Red Lion USCG to speak on Arctic Shipping and and new views to committee chair Lyn will be late afternoon / early evening the Northwest Passage. McClelland at [email protected]. with dinner on your own. Cuisine of Afterwards, we’ll set sail aboard the Current positions will be reviewed and many ethnics are within walking dis- largest steam powered paddle wheeler voted on to continue or drop (moot), tance. west of the Mississippi, Queen of Seattle, and new views will be voted on. Thursday we will entertain spouses for a salmon dinner and cruise. As of publication date, no new views and companions with a Seattle tour have been submitted for review. aboard a “Duck”.¶

Commodore Kenneth Orcutt #1385-R he retired. He was the 2010 recipient of the Lalonde Spirit Kenneth R. Orcutt, 86, died February of the Seas Award and was one of the early pioneers of ship- 6th. Born in Whittier, CA, he graduat- board calculators and PCs. He once declined an offer to take ed from California Maritime Academy a shoreside position with Hewlett-Packard to write maritime in 1944 and sailed/worked for APL for software. He and his amazing wife, Patricia, were avid airplane 18 years. At age 25 he was assigned pilots, who built and flew their own stunt planes. For the as their Port Captain in Hong Kong. past 17 years they have funded a Memorial College Fund for While in his twenties, he sailed relief disadvantaged high school students in Dayton, NV. He was a Master, with a permanent assignment Master’s Master and is survived by his loyal and loving wife of on the President Buchanan by age 32. 31 years, Patricia.¶ After APL, he was a Panama Canal pilot Please have a “Moment of Silence” for the following departed brothers. for six years and returned to sea in the mid-60’s with Seatrain Lines, which was Captain Olin Edwards, III #234-R of Sag Harbor, NY, crossed 03/11/2011 later absorbed by Matson Navigation Lines Captain Robert Durgin #330-L of Holland, MA, crossed 05/06/2011 in 1974. He retired in 1992 after 30 years as Captain Joseph Houston #374-L of el Cajon, CA, crossed 01/17/2011 Master. His last command was the MV RJ Captain John Garrott #471-L of Bayonet Point, FL, crossed 01/2012 Pfeiffer, and after 48 years in the maritime Captain William E. Hooper #767-R of Groves, TX, crossed 12/20/2010 industry, 45 years in the Naval Reserve Captain Donald Graham #816-R of Falmouth, MA, crossed 10/2011 (CAPTAIN), and a distinguished career Captain Daniel Kozak #974-R of Corpus Christie, TX, crossed 01/2012 as Matson’s longest-serving Commodore,

The Council of American Master Mariners, Inc. April 2012 Sidelights 11 In the Council

The dignity of all people

On Monday, deeply troubled how the lives of 4375 • January 15, 2012 — 6,536-dwt December 21, Filipinos only garnered two minutes Korean M/V Doola No 3 exploded 1987, I was on NPR, while the loss of the Costa in waters 6 km northwest of Jawol shaving with Concordia and 33 passengers and crew- Island, off Incheon. The vessel had NPR’s morn- members continue to be a hot item forty- been on its way back to the port of ing addition five days later. Daesan after unloading a cargo of playing in the This could have been a press anom- gasoline at Incheon. Eleven seafar- by Father background. aly, or an example of the information ers are missing and feared dead. Sinclair Oubre A news item revolution that has taken place over the Orthodox, Catholics and some by Dr. Captain CAMM Chaplain caught my past twenty-five years. We now have Christian denominations are in the midst John A.C. Cartner #3220-A attention. The the internet, twenty-four-hour news, of the season of Lent. It is a penitential #2574-R ferry Dona Paz had collided with the Facebook, and much more. Maybe this time. By prayer and ascetical practices, motor tanker Vector in the Sibuyan Sea doesn’t really have anything to do with the penitent should shed himself or her- among the islands of the Philippines. who died, but the power of the modern self of the false gods that dominate his or The death toll was set at 1,495 passen- media. her life. In the place of these false gods, gers and crewmembers. As days passed, Sadly, that’s not the case. On February he or she can see and live what is true. there was total silence about what had 2, 2012, the ferry Rabual Queen sank How wonderful it would be that to cel- happened, how many survived, and what off Papua New Guinea. Like twenty- ebrate the great feast of Easter by seeing was the cause of the greatest peacetime five years before, I heard a short story every human life has value whether the maritime disaster since the Titanic. on NPR, then nothing. When I google person is on a luxury cruise liner or a I didn’t see the name Dona Paz until “Rabaul Queen,” the stories dry up after Filipino ferry. 1999, when I visited the Global Mariner, only three days. Yet, the stories of the My prayers are that you and your fam- which was on a world-tour to focus the Italian passenger ship continue to flow. ily will be greatly blessed in this holy world’s attention on the consequences of Since the Costa Concordia foundered, time. ¶ substandard shipping. One exhibit listed 127 passengers and seafarers have lost major maritime disasters. There she was their lives: on the top of the list, but now the death • February 2, 2012 — Passenger M/V toll had dramatically increased. In the Rabaul Queen sinks carrying 350 Apostleship of the Sea - end, investigators concluded that the people while on a voyage from United States of America ship’s passenger manifest failed to record Kimbe to Lae, PNG. 246 people most of the Dona Paz’s passengers. In were reported rescued, four bodies The professional association of reality, 4,375 people had died. recovered, 100 are presumed to be Catholic Mariners and the official Organization for Catholic Cruise In January of this year, we were dead. Ship Priests and Maritime Ministers overwhelmed with the drama playing • January 31, 2012 — M/V Vera sinks out along the Italian coast. The Costa off Turkey. Three crewmembers res- Please contact us if you are Concordia, with 4,200 passengers and cued, and nine are missing. interested in becoming an crewmembers, was foundering. For • January 15, 2012 — 4,100-dwt M/V AOS-USA member! weeks, news stories relayed every detail Edirne sank 5 km from the port 1500 Jefferson Drive about the ship, the passengers, the crew, of Durres, Albania. The vessel had Port Arthur, TX 77642 the captain, and those whose bodies taken on fuel there. One body was [email protected] were recovered. However, only 33 pas- found. Two others, including the Voice: 409.985.4545 sengers appear to have died. captain, are missing. Twelve men www.aos-usa.org In comparing these two stories, I am were rescued.

12 Sidelights April 2012 The Council of American Master Mariners, Inc. Cowardice and not going down with the ship for expiation are not unlawful

I have written in this journal on several occasions about the phenomenon of seafarer criminalization. Lest my suf- experienced. He had been entrusted with to die for commerce…” and in a harsh fering readers a $450 million ship and the souls aboard. sense he was completely correct. We think other- However, an event of this scope is a carry cargo (and people) for freights. wise, I will once-in-a-lifetime happening. I make no Would the death of the man on the scene state clearly excuses for him. I do think, however, expiate his soul of immorality? Again, by Dr. Captain that not all that he did not know what to do as he nonsense. John A.C. Cartner cases where- began to comprehend the enormity of Another interesting phenomenon #2574-R in a master what was occurring. I think, frankly, he arises. He is charged in some quarters is arrested are proximate state acts of expressed that emotion that each of us with cowardice. That charge too is non- criminalization. I have suggested that has. He was so afraid he could not act sensical. Our masters are not naval offi- the master of Rena which grounded and rationally. Further, I think that he is not cers who are paid not to be cowards and capsized off New Zealand smacked of as bright as some others may be. Taken who have deadly coercion back of them the beginnings of criminalization. To together he exacerbated his already bad if necessary to make sure they are not the great credit of that state, the rules of situation. We have all due process of law and the substantive been in paralyzing fear We have all been in paralyzing fear criminal law have been carefully and at sea — at least briefly. meticulously applied to the master with A person who has com- at sea— at least briefly. no hint of criminalization seen yet. manded a ship who says A person who has commanded a ship who The master of the Costa Concordia otherwise is not being appears to be a case which, as the Rena, wholly candid. The brev- says otherwise is not being wholly candid. is not illustrative of criminalization. As ity of his man’s fear lasted the facts emerge daily some things are sufficiently long that he is now suffering cowards. We carry trade goods. We pro- clear. The master was conning the ship. the consequences of the facts arising, the tect no states or their governments with The ship grounded on a well-known law applied to those facts and its impli- force and controlled violence. We do not reef. The master did not efficiently lead cations. He, as it is proper after such an go into harm’s way unless we know the abandonment of the vessel and beyond event, is in serious trouble. harm and the profit we might make if we violating some technical rules appears It is interesting that a moral side of his do and the insurance company agrees. to have left the ship during those opera- behavior keeps arising. The argument Our masters are not naval commanding tions of which he was by law in charge. goes like this: This man was Master officers. Bravery and valor is not in the Charges have been proffered, but to the under God and he did not die with his job description. Of course cowardice credit of the Italian judiciary some have ship therefore he is immoral. That is has strong implications of immorality. been dropped for lack of evidence — for utter nonsense. Immoral he may be, but Again, the man may have committed now — of the prosecutors. Further, the not because he did not go die. What has criminal acts. The wheels of justice are master is under house arrest and not happened is horrible. He had no intent beginning to grind in the societal desire jailed and appears to be treated humane- I think to do those deeds. People died. to exact just retribution. Immorality and ly by the government. He had no intent, I think, to kill people. cowardice however and not dying for One asks about the case. What was The ship is likely lost. He had no intent commerce are not crimes. this man thinking? Therein may lie the there, either. Should a man die because So we will continue to watch this answer. He apparently, as all modern of misjudgement and intentional conse- unfold. Many snippets will be leaked and masters, was well trained. He was well quences? Conrad said, “It is bad enough Continued on page 15 >>>

The Council of American Master Mariners, Inc. April 2012 Sidelights 13 In the Industry

Flag states rally to support seafarers abused by pirates

Financial price tag of piracy tops $7 Billion during 2011 While it is mation from the reports that specifically Financial cost of piracy tops anecdotally identifies seafarers, their ships and vessel $7 billion in 2011 known that owners and operators. But, for the first An updated report issued by OBP now seafarers are time, this process will allow for research- shows that piracy cost the world over $7 s u f f e r i n g ers, scholars, journalists and others to billion during 2011. The report raises by Will Watson brutal abuse find the true impact of piracy— the concerns about the cost of Somali piracy #3256-A at the hands abuse of seafarers. to the world economy. Approximately Maritime Journalist of pirates Now, a fourth flag State, the 80% of all costs are borne by the shipping operating in the Indian Ocean, Gulf of Commonwealth of the Bahamas, has industry, while governments account for Guinea and other areas, there has been signed the Declaration. The world’s 20% of the expenditures associated with no central repository for information fourth largest flag state signed the countering piracy attacks. The report relating to this pattern of brutality… Declaration at a luncheon ceremony estimates the 2011 economic cost of until now. hosted by the Women’s International piracy was between $6.6 and $6.9 bil- Last year, the Oceans Beyond Piracy Shipping and Trading Association lion. (OBP) project, funded by the One Earth (WISTA) at the Connecticut Maritime “The report assesses nine different direct Future Foundation, held a series of Association (CMA) sponsored Shipping cost factors specifically focused on the eco- working group meetings. One outcome 2012 conference in Stamford. But the nomic impact of Somali piracy,” explained was an ongoing series of reports on the IMB isn’t satisfied with just having the Anna Bowden, the report’s author, “Over financial cost of piracy. Another outcome Big Four on record as opposing pirate the past year we have had substantial was a document called the Declaration brutality. cooperation from maritime stakeholders Condemning Acts of Violence Against The IMB is taking the Declaration to which has helped to ensure the figures are Seafarers. The Declaration, better known the International Maritime Organization as reliable as possible.” as The Washington Declaration, was (IMO) in May in hopes that many more The breakdown of the most notable flag States will agree to costs includes $2.7 billion in fuel costs share information. The associated with increased speeds of ves- The IMB isn’t satisfied with just having Paper to be presented sels transiting through high risk areas, the Big Four on record as opposing at the Maritime Safety $1.3 billion for military operations, and Committee (MSC 90) $1.1 billion for security equipment and pirate brutality … The IMB is taking meeting is being co-spon- armed guards. Additionally, $635 mil- the Declaration to the IMO in May. sored by the IMB, the lion is attributed to insurance, $486 to Republics of the Marshall $680 million is spent on re-routing ves- Islands and Panama, sels along the western coast of India, and signed in August by the Republics of the Intertanko and the International $195 million is the estimated cost for Marshall Islands, Liberia and Panama— Transport Workers Federation (ITF). increased labor costs and danger pay for the world’s three largest flag states. In the The Declaration was also promoted seafarers. declaration, the three flag states agreed at the Plenary meeting of the United The vast majority (99%) of the bil- to share details concerning pirate attacks Nations Contact Group on Piracy off the lions spent are attached to recurring with the International Maritime Bureau Coast of Somalia (CGPCS) that was held costs associated with the protection of (IMB) of the International Chamber of in New York at the end of March. vessels — costs which must be repeated Commerce. The IMB will remove infor- each year. This figure is in sharp contrast

14 Sidelights April 2012 The Council of American Master Mariners, Inc. to the $38 million spent for prosecution, the success of armed guards and military imprisonment, and building region- action in the later part of the year.” al and Somali capacity to fight piracy. Officially launched at a press confer- Average ransoms increased 25% from ence held at the Royal United Services approximately $4 million in 2010 to $5 Institute for Defence & Security Studies million in 2011. Although the total cost (RUSI) in Whitehall, London, the paper The Declaration Condemning Acts for ransoms was $160 million for 2011, was presented to maritime experts and of Violence Against Seafarers was money collected by pirates represents international press. The report will be signed on behalf of the Bahamas by a mere 2% of the total economic cost. used to raise important issues for the Commodore Davy Rolle, Managing While ransoms provide the incentive for Oceans Beyond Piracy Working Group, Director and CEO of the Bahamas Somali pirates to attack vessels and hold which is expected to release recommen- Maritime Authority. The signing took hostages, they represent a disproportion- dations for a better coordinated, and place at the annual luncheon of the ally small cost compared to the nearly $7 longer-looking strategy against piracy in Women’s International Shipping and billion spent to thwart these attacks. July 2012. Trading Association (WISTA) which “The human cost of piracy cannot be For more information about The preceded the opening of the Shipping defined in economic terms,” Bowden Economic Cost of Somali Piracy 2011, 2012 conference sponsored by the added. “We do note with great concern contact Anna Bowden at +1.303.709.5498 Connecticut Maritime Association. that there were a significant number of or by email at abowden@oneearthfuture. The Republics of the Marshall Islands, piracy-related deaths, hostages taken, org. The publication of the report was Liberia and Panama signed the and seafarers subject to traumatic armed made possible through the support of Declaration in August, 2011 at cer- attacks in 2011. This happened in spite of the One Earth Future Foundation, spon- emonies at the National Press Club in sor of the Oceans Beyond Piracy Project, Washington, D.C. which sponsors project initiatives in Photo (from left): William H. Watson, Cowardice>>>Cont’d from page 13 London and India. ¶ Deputy Commissioner of Maritime many diversions will appear in the search Affairs of the Republic of the Marshall for the truth. The official report may be Will Watson is a recovering journalist, Islands; Commodore Davy Rolle; years in coming out. The investigation maritime security professional and is a and Ms. Yvonne K. Clinton, Deputy for facts sufficient to convict may take member of both CAMM and the OBP Commissioner for Vessel registration months. For the time being, the master is Working Group. for the Liberian Maritime Authority. having some time out to reflect upon his errors as he and his lawyers attempt to craft defences— defences to which each Support CAMM’s only fundraiser! and every one of us is entitled, no matter how heinous, obscene or nauseating the crime with which the potential accused is associated. It may take a little longer to try to marry law and justice, but the wait is worth it. Every shipmaster today is saying under his breath, “There for the CA H 4 lucky winners take … $ grace of God go I.” We have all had lapses in professional judgment. We simply Raff le were not caught in these frightening and st Prize awful circumstances. ¶ 1 % 15 2nd prize Dr. Captain John. A.C. Cartner practices % % maritime law domestically and interna- 53rd & 4th prize tionally. He holds an unlimited USCG 25 Master’s license and was master under of all proceeds! charter to the U.S. Navy Military Sealift Winner drawn May 11, 2012 at the AGM in Seattle, WA. Command on jet fuel carriers and master Winner need not be a CAMM member nor present to win. of container and of tank vessels commer- Look for ticket books in your 2012 dues invoice packet or request more from Secretary Captain Don Moore. 00 - OR - 00 cially. $1 each $10 12/book

The Council of American Master Mariners, Inc. April 2012 Sidelights 15 In the Industry

“Here’s to the pilot that weathered the storm.” Today, the “storms” of government and navigation coalesce once more. “Here’s to the 2012 and 2013 plans for the Office of services in their Port Recovery Plans, the pilot that Coast Survey’s navigation response team and the federal Maritime Infrastructure weathered the surveys in critical port and coastal areas. Recovery Plan charges NOAA with storm.” The budget request, however, proposes responsibility to assess sea-floor condi- So wrote to eliminate the navigation response tions in the aftermath of hurricanes, by CMDR (Ret.) the Irish team program. ports and the shipping industry will Michael Henderson poet George The elimination of the program need to make alternate plans to acquire NOAA Office of the Canning, two directly affects the nation’s mariners. surveys for underwater dangers to navi- Coast Manager hundred years NOAA’s six navigation response teams gation. ago. While Canning’s line is often quoted work in the nation’s busiest ports, sur- I don’t want to sound too pessimistic. as a maritime saying, it was actually from veying for dangers to navigation and After all, the release of the president’s a poem he wrote in honor of England’s acquiring data to update nautical charts. budget is but the first step in a long Prime Minister. If Congress approves NOAA’s budget as process — one that will entail extensive Today, the “storms” of government proposed, the teams will start to wind discussions with and then final direction and navigation coalesce once more. down their scheduled surveys, in antici- from Congress. But the maritime indus- Making tough budget decisions, the fed- pation of program elimination. This will try needs to plan, and the timing is espe- eral government is battening down the likely slow down— or eliminate— many cially critical since the hurricane season hatches to concentrate on providing life- of the planned nautical chart updates does not officially end until November saving and job-supporting services for for high transit areas off the coasts of 30, and the navigation response program American citizens, communities, busi- Biloxi, Mobile, Savannah and Brunswick, could possibly end on September 30. Port nesses and infrastructure. One of those Puget Sound, some of the Texas coast- officials and the shipping industry need tough decisions affects NOAA’s provi- line, Thunder Bay, Eastern Long Island enough advance notice to make alternate sion of services to the nation’s mariners. Sound, Narragansett Bay and approach- plans to acquire surveys for shoaling and es, and LA and Long Beach. underwater dangers to navigation after Gulf and East Coast ports will have more Beyond the charting storms hit their areas. updates that will have to be This proposed program elimination immediate matters to deal with for delayed, however, Gulf and is a hard sacrifice made in the face of the upcoming hurricane season… The East Coast ports will have declining budgets. Just as American fam- more immediate matters to ilies and businesses have had to make navigation response teams they rely on deal with for the upcoming tough choices with tighter budgets, all may not be available … ports and the hurricane season. of the federal agencies face the challenge Ports are planning their of balancing across multiple immediate shipping industry will need to make emergency response pro- needs and between current and future alternate plans to acquire surveys for cedures and assets for this investments. year’s hurricane season, and Ports, and the mariners who use them, underwater dangers to navigation. NOAA is obligated to inform will have to factor this particular sacri- officials that the navigation fice into their planning for this fall and The President recently presented response teams they rely on may not be beyond. By planning now for a possible his budget request for fiscal year 2013, available for the final months of the sea- major reduction in NOAA hydrographic which begins October 1, 2012. My col- son. Since port authorities and the U.S. survey assets, they will be better pre- umn in the last issue of Sidelights laid out Coast Guard include NOAA’s navigation pared to weather the coming storms. ¶

16 Sidelights April 2012 The Council of American Master Mariners, Inc. NOAA Electronic Navigational Charts (ENC) submitted by Michael Henderson with the latest version of the paper/raster (SENC) with positional information from Also online at nauticalcharts.noaa.gov chart. All NOAA ENCs® that are built navigation sensors to assist the mariner in NOAA ENC® is a vector database of by private contractors are reviewed by route planning and route monitoring, and chart features built to the IHO’s S-57 NOAA cartographers before they are by displaying addition navigation related standard. NOAA’s Office of Coast Survey, posted on the Internet. information as required. as the U.S. national hydrographic office, NOAA cartographers and private To use ECDIS for paperless naviga- is exclusively responsible for production contractors (under NOAA supervision) tion, the ship’s bridge must have a type- and authorization of NOAA ENC® data apply updates to ENCs using high reso- approved ECDIS and carry the appropri- in U.S. waters. lution original source material. As new ate up-to-date Electronic Navigational NOAA ENCs® support real-time navi- source information arrives at NOAA Charts (ENC)1 for the voyage. gation, as well as the collision and ground- headquarters, cartographers update ing avoidance needs of the mariner, and NOAA ENCs® using high resolution Sources for U.S. ENCs accommodate a real-time tide and cur- position and depth information. NOAA is the sole producer of ENCs rent display capability that is essential for for U.S. waters. NOAA ENCs® are avail- large vessel navigation. NOAA ENCs® Are your ENCs Up-to-Date? able as free downloads from the Internet. also provide fully integrated vector base On July 1, 2012, the International Mariners who wish to download NOAA maps for use in geographic information Maritime Organization (IMO) amend- ENCs® directly and use the data to fuel systems (GIS) that are used for coastal ment to Safety of Life at Sea (SOLAS) ECDIS or ECS may do so. management or other purposes. Chapter V regulation 19.2 will enter into force. This amendment will require ships Updates for U.S. ENCs Building and Maintaining engaged on international voyages to be NOAA updates its ENC® suite each NOAA ENCs® fitted with an Electronic Chart Display week. The updates contain information In 1997, NOAA began a process of and Information System (ECDIS). IMO published in the Local Notice to Mariner building a portfolio of ENCs that encom- ECDIS performance standards (IMO and the Notice to Mariner. NOAA also pass the same areas covered by NOAA’s MSC 232[82]) define ECDIS: issues new editions of the ENC when it suite of approximately 1,000 paper and Electronic Chart Display and has made significant changes to the cov- raster charts. The ideal and most accu- Information System (ECDIS) means a erage area, such as a new hydrographic rate way to build ENCs is to recompile navigation information system which, survey, shoreline modification or chan- the paper chart from all of the original with adequate back up arrangements, can nel alignment. source material. Unfortunately, this pro- be accepted as complying with the up-to- NOAA ENCs® are available as base cess is impractical as it is far too labor date chart required by regulation V/19 cells (New Editions) or as update patch- intensive. Instead, NOAA ENCs® have and V/27 of the 1974 SOLAS Convention, es. ENC listings are at http://www.charts. been compiled from source on those by displaying selected information from noaa.gov/ENCs/ENCsIndvDole.shtml features that are deemed to be naviga- a system electronic navigation chart ¶ tionally significant. U.S. Army Corps of Engineers’ federal project limits have Timetable for ECDIS Carriage Requirement been captured from large-scale draw- Ship Type Size New ship Existing ship ings. These precise coordinates of chan- Passenger >=500 gross tons July 1, 2012 No later than 1st survey nel limits are being incorporated into the after July 1, 2014 ENC. Likewise, high-accuracy positions Tanker >=3,000 gross tons July 1, 2012 No later than 1st survey are being used to chart U.S. Coast Guard after July 1, 2015 aids to navigation. The paper chart has Dry Cargo >=50,000 gross tons July 1, 2013 No later than 1st survey been the source for the remainder of after July 1, 2016 items. NOAA has utilized private contractors >= 20,000 gross tons (new ships) July 1, 2013 No later than 1st survey 20-50,000 gross tones (existing ships) after July 1, 2017 to build NOAA ENCs®. Private compa- nies are provided high-resolution source >=10,000 gross tons (new ships) July 1, 2013 No later than 1st survey 10-20,000 gross tons (existing ships) after July 1, 2018 information such as U.S. Army Corps of Engineers channel limits, and aids to 3-10,000 gross tons July 1, 2014 No retrofit requirements to existing ships navigation established by the U.S. Coast <10.000 gross tons Guard. Contractors are also provided

The Council of American Master Mariners, Inc. April 2012 Sidelights 17 In the Industry

Observations to Assess and Monitor Ocean Acidification

NANOOS focuses on delivering data products relevant to a number of activities impacted by the coastal acidification (OA), are larger and are The same PNW coastal estuaries that ocean envi- occurring faster than we have ever seen are threatened by ocean acidification are r o n m e n t previously. If the acidification effect is the source of highly valued shellfish and i n c l u d i n g - strong enough, shells and skeletons of shellfish fisheries. Shellfish aquaculture m a r i t i m e marine organisms, many of which are provides an important source of jobs in by Jan Newton, Ph.D. operations, economically important, actually dis- Washington and Oregon, and revenues NANOOS coastal haz- solve. directly benefit state and local econo- Executive Director ards, ecosys- The distribution of effects from this mies. Loss of shellfish aquaculture from tem assessment, fisheries and coastal will be different around the globe. Here the Pacific Northwest would impose climate implications. In February, we in the Pacific Northwest, the domain substantial social and economic costs. reported on our work with tsunamis and of NANOOS, our attention is height- Therefore, this issue is of importance coastal hazards. Next month, we will tell ened because of a combination of factors to the NANOOS region. Over the last you about surface current measurements that renders the Pacific coast of North several years, NANOOS has evaluated and their use in a number of operational America more vulnerable to acidified or whether it’s observing efforts can help in settings. This month, we will introduce “corrosive” water events. First, because assessing this condition. work we are doing with NOAA regard- of global ocean circulation patterns, the NOAA is the nation’s lead agency ing the issue of ocean acidification. deep waters of the Pacific are the oldest for this issue and has established an We’re telling you about this as it’s a good in the world’s oceans and, to a degree, are Ocean Acidification program office at its example of the breadth of needs being more naturally corrosive than other areas headquarters in Washington, D.C. The addressed by Northwest Association of because of chemistry changes occurring NOAA Pacific Marine Environmental Networked Ocean Observing Systems over tens of thousands of years in from Laboratory (PMEL) in Seattle has world- (NANOOS) and because this issue is of their formation to arrival here. renowned expertise in the measurement significant importance to our region of On top of this natural increased acid- and evaluation of OA. NANOOS has the country. ity, our society’s addition of CO2 further partnered with PMEL to put their ocean First, some background. The United increases the acidity of Pacific coast carbon and acidity sensors on several States National Research Council has waters. Finally, seasonal upwelling along of the NANOOS network of buoys in shown that the chemistry of the ocean the coast transports the more corrosive Washington and Oregon. There are now is changing due to atmospheric carbon water onto the continental shelf, where such data from Newport, OR, and La dioxide (CO2) levels that are now higher in some areas these conditions can reach Push, WA, available for view on both than at any time in at least the past the surface and may affect organisms. NANOOS’ and NOAA’s Ocean Carbon 650,000 years. Measurements show that In coastal estuaries, inputs of nutri- websites. about 30% of the CO2 released to the ents and organic matter from land can Additionally, the NOAA Ocean atmosphere over the past 250 years from increase the water’s acidity even fur- Acidification Program Office is work- human activities is now dissolved in the ther. Consequently, natural processes, ing with the University of Washington ocean. Once dissolved in the ocean, CO2 additions of CO2 from man’s activities, and NANOOS to host two important interacts chemically with other compo- and additions of nutrients and organic PNW workshops regarding this issue, nents in seawater in a complex way to matter to estuaries all combine to inten- one on integrating ocean acidification change the very characteristics of the sify ocean acidification in the Pacific (OA) data management for the nation water itself. On a global basis, these Northwest (PNW) and especially in our and one on defining a global network for changes, commonly referred to as ocean coastal estuaries. OA monitoring.

18 Sidelights April 2012 The Council of American Master Mariners, Inc. The goal of the first workshop is to establish a national framework for Arctic Shipping: USCG Icebreaker Program the handling of ocean acidification data that makes it possible for users to locate, understand and utilize relevant The Coast Guard Cutter Healy data in support of scientific research approaches the Russian- flagged tanker Renda while and resource management. Outcomes breaking ice around the vessel include a shared vision for integrated 97 miles south of Nome, OA data management and an initial OA Alaska, Jan. 10, 2012. The two vessels departed Dutch Integrated Data Management Plan with Harbor for Nome on Jan. 3, an emphasis on near-term (2-year) goals. 2012, to deliver more than 1.3 This workshop, to be held in March 2012 million gallons of petroleum products to the city of Nome. in Seattle, will involve representatives from NOAA, IOOS, NSF, NASA, USGS, Photo: U.S. Coast Guard Petty Officer 1st Class Sara Francis. DOE and several other agencies involved in observations, experiments, modeling, Captain Beverly Havlik, slated CAMM PDC speaker, commander of the USCG and satellite research. Icebreaker Healy on a recent mission to deliver fuel to Nome, Alaska, in January. The second workshop, to be held in Healy, based in Seattle, is the only USCG icebreaker in service. The Healy, June in Seattle, will invite representatives deployed for seven months on science missions, sacrificed returning home to from around the world. The principal Seattle for the holiday to perform the mission. Healy and her crew broke their way goals of this international workshop are through 800 miles of Bering Sea ice to enable the Motor Vessel Renda to deliver to: (1) design the components and loca- 1.3 million gallons of fuel to the 3,600 people of Nome, Alaska after extreme tions of an international ocean acidifica- weather and ice formation precluded safe delivery of this vital commodity. The tion observing network that includes Healy is a medium-class icebreaker, designed to break through four feet of ice at repeat water column surveys, underway a speed of three knots. measurements on volunteer observing In a press release, Lt. Governor Mead Treadwell commended the crew of the ships, moorings, floats and gliders tak- U.S. Coast Guard Cutter Healy and praised the U.S.-Russia cooperation and ing into account existing networks and efforts of all who made the operation possible. A Jones Act waiver was necessary programs wherever possible; (2) identify for the Russian-tanker Renda to transport cargo between two American ports. measurement parameters and perfor- Lt. Gov. Treadwell testified on Dec. 1, 2011 before the U.S. House Subcommittee mance metrics for each major compo- on Coast Guard and Maritime Transportation on the immediate need for new nent of the observing system; and (3) polar class icebreakers in the Arctic. Of the Coast Guard’s only two heavy ice- develop a strategy for data quality assur- breakers, the Polar Sea has been decommissioned, and the Polar Star is undergo- ance and distribution. ing renovations that may only add another 7-10 years to its service. With a better coordinated and consis- “We need the Healy, and we need new Polar class icebreakers,” Treadwell said. tent observing network, we will improve “We need them to maintain the safety and health of Alaska’s coastal communities the capability to assess and respond to and environment… We need them to counter risks posed by new ship traffic carrying this important issue. NANOOS is only oil products through the Bering Strait, for science, and for security requirements that one of the eleven regional associations cannot be met with current capabilities.” working with NOAA IOOS and the OA USCG Commandant Admiral Papp, Jr. has requested $8M in the FY2013 bud- program offices to make progress on this get to initiate survey and design of a new Polar Icebreaker to ensure the Nation is work.¶ able to maintain a surface presence in the Arctic well into the future.

Dr. Jan Newton is a Principal In other USCG news, the FY2013 budget also requests funding for National Oceanographer with the Applied Physics Security Cutters. Commandant Admiral Papp, Jr. is quoted in Miltary Officer in Laboratory of the University of Washington an interview by Tom Philpott: “The National Security Cutter (NSC) is the flagship and affiliate faculty with the UW School of our recapitalization plan. It will replace our high-endurance cutters and carry out of Oceanography and the School of Marine missions at sea for the next 50 years. This last year, our acquisition professionals not Affairs . She co-chairs NOAA’s Alliance for only awarded a fixed-price contract for NSC 4 but also a contract for NSC 5, only Coastal Technologies Stakeholder Council $2 million higher. Given the rise in steel prices, that’s unbelievable. All we need is a and is currently working with colleagues steady funding stream to build out a total of eight ships (to replace 12 Hamilton-class at UW and NOAA to assess the status of high-endurance cutters). Three have been delivered. I’m asking for money for NSC ocean acidification in Puget Sound and 6 in the 2013 budget, for NSC 7 in the ‘14 budget, and for NSC 8 in the ‘15 budget. coastal Washington. If we get that, we’ll have all eight built by (FY) 2018.”

The Council of American Master Mariners, Inc. April 2012 Sidelights 19 In the Membership

Armed Response Teams: The right response to Somali piracy

by Captain When I reported aboard the Maersk Idaho in late Paul Willers #3287-R August I knew it was not going to be a typical voyage. This was not due to the delays caused and ammunition supplied. U.S. gov- officer after departure. At that point I to the vessel schedule by Hurricane ernment International Trafficking and met in my office with the four ex-navy Irene, but by the developments taken by Arms Regulations (ITAR) licensing was seals assigned to the vessel and wel- Maersk Line Limited (MLL) to provide required and ship specific with regard comed them aboard. I went over the an armed response team for our time in to weapon serial numbers. Gear bags assigned rooms, weapon locker location, the Red Sea, Indian Ocean and Arabian for the response team were also placed the upcoming vessel schedule and what Gulf. This was the next logical step aboard and sealed in the bonded locker. I knew about known pirate danger areas to be taken to protect the vessel crew, Transit of the Suez Canal requires four from recent reports received aboard. cargo and assets while in the High Risk days notice to the local agent with the In turn I was briefed on rules of Waters (HRW) plied by Somali pirates. request to transit with arms given in both engagement and procedure to follow in For the last six years I have been sailing English and Arabic at this time. The U.S. any encounters with small vessels that in these waters on the Maersk Alabama, State Department had reached an agree- approach the vessel. It was reinforced that Maersk Arizona and Maersk Idaho and ment with the Egyptian government that only the Master can authorize the use of watched the developments of Somali the arms would not have to be taken off lethal force. This is as it should be due to piracy tactics and responses by various the vessel by local authorities for the the legal requirements of International governments and shipping companies. canal transit as had been the practice in Law and the ultimate responsibility of The only effective response for vessels in the past. This avoided the vessel losing the Master. There would also be a review HRW under attack in that time period time and expense in reclaiming the arms and security audit conducted by the was having an armed response team after transit. Currently this agreement flag state (U.S. Coast Guard in our case) (ART) making sure Somali pirates never has been rescinded by the Egyptian gov- after any suspicious encounter. Helmet boarded the vessel by deterring them ernment in conflict with international cameras are used by the ART to record with force of arms. law and the arms are being taken off for any engagement. We set up a schedule of It had been many years since I had canal transit and stored in Egypt by the drills to incorporate the ART interaction been on a vessel that carried any arms port police until the vessel returns. with the crew and how to best utilize and I was interested in the reporting After sending the local agent the weap- the onboard resources. After the meet- requirements by the many countries on ons inventory and request for transit in a ing I opened the weapons locker and our route. This was to be a hybrid voy- timely fashion I found that “no news the ART checked all gear, weapons and age with the vessel transiting from the was good news” from the agent and the ammunition supplied with the current Maersk 49-day MECL1 service to the vessel transited the Suez Canal normally. inventory. 70-day MECL2 service after the Jebel As soon as the vessel cleared the canal The next day the stern area was des- Ali, United Arab Emirates (UAE) port jurisdiction line at Port Suez the 4-man ignated for live fire exercises to insure call. To prepare for the weapons aboard, response team joined the vessel from the the weapons functioned properly and MLL supplied the vessel an arms safe agent’s launch while underway. were sighted in. Security drills were con- which was placed in a bonded locker The team leader came to the bridge ducted to incorporate the ART and the aboard. Only the master has the arms while I was maneuvering out of Port crew together to provide the best options safe combination and there is a sepa- Suez and introduced himself. We set to repel a small boat attack. The next rate key lock to the bonded storeroom. up a meeting to discuss the upcom- day we conducted the required SOLAS Arms were loaded aboard on the East ing voyage, operations, rules of engage- drills. Coast and meticulous records keep with ment, and familiarizations as soon as Prior to reaching known pirate waters, regards to weapon type, serial numbers, I could turn over the con to the watch the ART set a watch schedule that would

20 Sidelights April 2012 The Council of American Master Mariners, Inc. have one man working with the bridge approval before entering port. In the ransom sources such as the capture of team 24 hours a day while underway. UAE the port security officer (PSFO) the American and Danish aid workers ART portable radios were programmed came aboard and personally inventoried ashore near the Kenyan boarder. Piracy into the vessel emergency frequencies the arms, took pictures and sealed the has always been a crime of opportunity. used to provide immediate contact with bonded arms locker with foil and a lock A Seal team rescued the two captives in the off-duty watch. When all the drills that he took the key for until the vessel a daring mission in January 2012. North were completed and adjustments made, was cleared for departure. The seal was Atlantic Treaty Organization (NATO) an unannounced security drill was con- inspected by the same security officer forces have jurisdiction over the area and ducted to test the policies implemented. upon departure and the key returned are considering attacking pirate enclaves I gave the ART free reign under the to the master. Otherwise, the clearance and equipment ashore in Somalia. The supervision of the Bridge Watch Officer process was routine in all the other ports fact remains as long as there is not a sta- to learn the operation of all the naviga- on the MECL2 service. ble government ashore in Somalia that tional equipment on the bridge and to Recent events have shown that the piracy will continue. Merchant ships assist as an additional lookout. the ARTs are having an effect on the by their mission and nature are defense- I found the ART had some addition- Somali pirates. Captures are starting to less unless armed. ARTs will continue al online resources concerning recent trend down even though attacks are to be needed aboard vessels in the area pirate attacks that could be accessed via up. Somali pirates are looking to other until this happens. ¶ the vessel internet. Whenever I had any new information provided to the vessel by the United Kingdom Maritime Trade Operations (UKMTO) based in Dubai The International Law or the company security officer (CSO) I briefed the bridge team and the ART as of the Shipmaster soon as possible. In no time the routine Part of the Essential Maritime and Transport Library Informa / Lloyds Press (2009) watches at sea became second nature and The International Law of the Shipmaster (Dec. 2009) I found having an ART aboard allowed has become the standard in the eld. Defending Against Pirates: me to reduce the vessel speed to the safe N economical speed for a timed arrival for The International Law of Small Arms, E the current passage to reduce fuel costs. Complements and SupplementsArmed The Guards International and Law ofPrivateers the Shipmaster W Thousands of dollars in fuel savings Complements and Supplements The International Law of the Shipmaster were achieved in the time the ART were aboard in high risk waters. With the ART acting as additional bridge lookouts, the daymen that I would normally use to supplement the bridge watch in HRW were able to continue with the deck maintenance. During the course of the voyage I used the ART to supplement the deck watch while along- side in Security 2 level ports without arms. During weekly drills I had some training conducted by the ex-Seals in their level expertise on medical response to gunshot wounds and what to expect in case of hostage rescue operation. Traveling through the ports in the Indian Ocean, Arabian Gulf and Red Website: Endorsed by The Council of Sea I found only Sri Lanka and United www.shipmasterlaw.com American Arab Emirates to pay particular atten- Master Mariners, Inc. Online orders at www.intershipmaster.com 10% discount to CAMM members applied on tion to the arms aboard with unique order fulfillment if noted on order form requirements. Sri Lanka required a 10- Cartner & Fiske, LLC / Shipmasterlaw Lawyers worldwide dedicated to the needs of shipmasters day notice of arms aboard to be submit- [email protected] ted by the agent to the government for

The Council of American Master Mariners, Inc. April 2012 Sidelights 21 In the Membership

Abandoning (His) Ship Costa Concordia: Why did it happen? Are cruise ships safe?

On a dark night on Friday the 13th at approximately 2130 hours, the behemoth cruise ship Costa Concordia a t t e m p t e d approaching the shoal at a rate of 1500 to his personal survival as he made his to pass close feet every minute, he swung the stern way ashore. When ashore, he contacted aboard to the sharply to port (left), clipping the east- the Italian Naval Officer-in-Charge to rocky island ern edge of the rocky shoal. For the next report the tragedy. He was severely rep- of Giglio, Italy. six seconds, her skin was ripped off her rimanded and ordered to do the right by Captain The ship mas- underbody hull along the port side, tear- thing — get back on your ship and direct Tom Stapleton ter, Captain ing open steel platting like a giant can the safe evacuation of passengers and # 2328-R F r a n c e s c o opener. Her momentum quickly carried crew! As of this date of writing, there are Schettino, in an apparent attempt to her past rocks into deeper water, leaving 17 confirmed dead and at least 16 pas- impress the newly-embarked 3,000 plus a deep and mortal wound more than 160 sengers or crew still missing. passengers and 1,200 crew members feet long the hull below the waterline. swerved off course and attempted to pass Embedded boulders were the grim trail What are the supposed close aboard the island. markers testifying to the horrific crash causes of this grounding and It was reported that the vessel was moments before. loss of life? taken off the Electronic Charting and The fatally-wounded vessel then lost While the formal investigation may Display Information System (ECDIS), an her propulsion and electrical-lighting take 12-18 months, it is clear as to some automatic GPS-charting-steering system systems as she slowed, staggered and of the basic causes: deviating from a designed to keep all large vessels safe drifted northward. The emergency gen- safe navigation track line on a 951 foot from surface and subsurface dangers. erators were activated to restore emer- vessel with 4,200 plus persons aboard A key feature of ECDIS is the predic- gency light and use of the bow thrust- to pass close aboard a dark, rocky island tive steering display which graphically er — a desperate attempt to steer the was reckless and dangerous; close-in displays where the vessel is projected bow away from Giglio harbor and more maneuvering without a functioning to be on the electronic chart with the rocks. At about 2145 hours the first bridge team, careful pre-plan, and a risk current rudder angle. By ignoring this alarm was sounded but it wasn’t the assessment, demonstrated a break down information, he missed the opportu- abandon ship signal. Confusion reigned in judgment and seamanship. nity to recognize the rocky shoals ahead among passengers and crew until a for- Vessels approaching shallow waters at and thus apply Hard Right rudder to mal notice to abandon ship was given by high speeds are subject to the ‘Bernoulli clear the shoals. Instead of navigation by 2210 hours. Effect’, namely, high velocity of water ECDIS and radar to swing clear of the under the keel creates low pressures and outlying rock formation, Isole Le Scole, Why didn’t the master sucks the vessel toward the obstruction Captain Schettino apparently relied on immediately sound the and shallow water (bank suction and his ‘Seaman’s eye’ while approaching the signal and direct efforts to squat effect). The 1992 grounding of the rocky coastline in the dead of night. evacuate HIS passengers and 963-foot cruise ship, Queen Elizabeth II, Reliance on visual piloting a 100,000 ton crew long before the ship off Nantucket Shoals off Massachusetts vessel making 15 knots with 4,200 trust- began the death throes of was largely-caused by this ‘squat’ effect ing souls aboard was at best, reckless. He heavy listing? which reduced the water under her intended to pass 1200 feet off the island, Instead, Captain Schettino vacillated keel by more than 7 feet—causing the a distance insufficient to clear the jagged in notifying his charge while he decisive- grounding! and submerged rocks of Le Scole. ly abandoned his own ship. The plight of In Giglio, squat and shallow water At about 2130 hours with his vessel his passengers and crew were secondary most likely increased Concordia’s turn-

22 Sidelights April 2012 The Council of American Master Mariners, Inc. ing radius—causing the ship to be less agents must educate passengers with majestic Alaskan waters to watch the maneuverable in avoiding the shoals. regard to the importance of safety: drills Hubbard Glacier close aboard that is The master then acerbated the disaster and equipment (usage and location). high risk. It is the chance of a high speed by not immediately notifying the shore The mindset of the traveler must collision or grounding such as the Costa responders and when he did, by delib- change — how many of us when check- Concordia that naval architects and ship erately understating the magnitude of ing into a hotel/motel or aboard a cruise owners must fear. A mortal gash span- the disaster. ship eschew the elevators for the stair- ning multiple watertight subdivisions ways, emergency exits? Do we really and heavy listings/capsizing poses the Where was the second-in- expect electrically-powered elevators to greatest risk to life. Lastly, someone command, the Chief Officer? be available when the cruise ship or hotel was responsible for promoting Captain With the ship master ‘missing ‘goes black?’ Do we expect others to be Schettino beyond his level of judgment in action’ where was his second in the experts in locating and employing and leadership. Selection for command command? — the person charged with ‘our’ safety equipment? Of all the fires, is a very high honor and in the American the safety equipment aboard. The news medical emergencies, and casualties at merchant marine it is unusual to pro- media has been silent about his absence sea during my career, the one common mote a promising chief officer before and actions — why? Despite a complete- thread was — they never happened dur- age forty — a very long vetting process. ly new group of passengers who boarded ing the day between 8-5. (As in the Bible, A contributing factor in this casualty the vessel just three hours earlier, no fire ‘We know not the hour’). The spastic appears to be caused by early promo- and emergency drills were conducted evacuation of the vessel was disgrace- tion and by Captain Schettino’s failure prior to sailing from port the same day ful — the long tradition of ‘women and to exercise of good judgment and com- because international regulations only children first’ was reduced to a near mand leadership. ¶ require these drills within 24 hours of cattle stampede, with the master shirk- sailing. Look for this international regu- ing his most basic responsibilities: safety Captain Tom Stapleton graduated from the lation to eventually be changed to ‘prior of his passengers and crew. California Maritime Academy and was in to sailing’. The trend to make cruise ships more the maritime industry for 40 years before The call to abandon ship was cha- open and with fewer water-tight com- retiring. He sailed worldwide aboard mer- otic with some boat commanders direct- partments above the main deck (for the chant and Army cargo ships for 26 years, ing passengers to return to their state- sake of hotel-like openness) should be including 16 years command of 860-foot rooms — a very dangerous directive that reconsidered, especially with the very container ships and later managed sev- cost some passengers their lives. Having small transverse stability righting arm eral fleets of cargo vessels. He holds an taken three cruises in the past three (the tendency for a vessel to remain Unlimited USCG Master’s license, served years, in every case, we, as passengers, upright at all times). Naval vessels, unlike as a Captain in the US Navy, and later were instructed not to bring personal cruise ships, have extensive compart- retired as a Colonel, US Army. He and his flotation devices (PFD’s) from our cab- ments to remain afloat any conceivable wife, Martha, reside in New Braunfels. ins but to rely on PFD’s provided at the casualty. lifeboats. This minimized the impor- The layman probably is unaware that tance of locating and donning this vital the comfortable long rolling period Though many sailors aim for life-saving device. For those passengers (in seconds—timed from one side to pinpoint navigation, they and crew who made it to safety in Giglio, the other and back) for a cruise ship most were very hesitant to later remove is longer than a container ship of the rarely achieve it. Expecting their PFD — with newly-found respect same size by international regulation too much accuracy will lead to for the lowly life jacket. but at a price — the greater the righting arm, the greater tendency for a vessel to frustration, time-consuming Are cruise ships safe? remain upright. Container ship mariners repetitions of bearings and They are well-designed but adherence endure effects of larger righting arms to safety policies and training could with shorter and often uncomfortable calculations, and overly be improved. The importance of safety rolling periods. Motor yachts in heavy optimistic projections that drills prior to a vessel’s departure from weather with their short rolling periods the initial port of of embarkation is are jostled by uncomfortable ‘snap’ roll- may cut corners and leave the essential. These ever-larger vessels with ing. Cruise vessels with greater righting boat high and dry on a reef. thousands aboard are more than just arms would better resist large angles of floating food and entertainment hotels; list, especially after hull flooding. —John Rousmaniere companies, crews, officers, and travel It’s not the cruise vessel drifting of the

The Council of American Master Mariners, Inc. April 2012 Sidelights 23 In the Membership

Peter, the Odyssey of a Merchant Mariner Chapter 10: SS Northern Sword June - July 1940

by Captain Upon my since the National Maritime Union hall told the steward, “Issue a new one, and Peter Chelemedos return to was closed this time of night. check all the others in the crew’s quar- #1671-R New York, I I got the NMU patrolman to endorse ters. I want to keep a crew for once.” resumed my studies at the navigation the permit card I had obtained in my Later, as I lay in my bunk in the for- school at the Seamen’s Church Institute. rounds, and was signed on as Ordinary ward fo’c’s’le, I listened to the anchor One night at about eleven o’clock, as I Seaman on the SS Northern Sword. chains as they clanked in the hawse was busy studying for a test the next day, As I looked around the ship that night, pipes running alongside my bunk as the I was called down to the employment smelling the smells and looking over the ship rose and fell in the ocean waves. office on the second floor. Wondering painted-over rust spots on the deck and The steel bulkheads were rusted through what was in store for me as I rode the the old steam winches under the masts, to the shower room of the old ship, so slow elevator down, I was surprised to I thought of the many sea stories I had steam and odors wafted through the be offered the opportunity to join a read of foundering ships, sunk for their fo’c’s’le. ship whose entire crew had quit just insurance. I wondered if this would be After leaving Marcus Hook with a full before sailing and a new crew was being one. load of coal, the ship sailed south, stay- recruited for a “pier-head jump” (where The Northern Sword was a coal- ing away from the coast to keep out of you go directly to the ship without stop- burning ship with two hatches forward the Gulf Stream’s strong northerly set. ping even to pick up your clothes). and two hatches aft, built in 1918 at Captain Olsen and Mr. During, the chief Now, when the entire crew quits a ship Wilmington, Delaware. The crew’s quar- mate, upon learning of my interest in just before sailing, the suspicion would ters were forward, under the fo’c’s’le head. learning navigation, gave me copies of run through one’s mind of something Fresh water was carried in a small grav- their sun and star sights so I could prac- amiss. But, desperate for a paying job, I ity tank on the bridge, and would run tice my navigation lessons from school. accepted. out from time to time when all four men On night watches, I tried to identify the As I walked along South Street toward coming off watch would take showers. main navigation stars as they rose in the the pier, many thoughts went through The ship sailed at midnight from east or appeared in the southern sky as my mind as to the possible reasons South Street bound for Marcus Hook, the ship headed south. this job was available. In the glow of Pennsylvania to load coal for Martinique. The ship sailed past the Sombrero the lights from the pier warehouse, I I checked over the mattress of my bunk Island light into the quiet waters of the caught my first glimpse of the ship. As for bedbugs, etc., and took my pillow Caribbean, and on to Martinique. When I identified myself at the gangway and up to the steward to exchange it, as it the ship sailed past Saba Island, I recalled climbed aboard, I met the patrolman had the heavy odor of old sweat from the agile crew members on the Southern from the National Maritime Union, who a previous occupant. The steward was Lady. It had always astounded me to was at the gangway checking aboard the reluctant to exchange it until I showed it watch them climb up the forestay to the replacement crew, all recruited at the to the captain. masthead hand over hand. I thought, Seamen’s Church Institute hiring hall Captain Olsen threw it overboard and “There must be a developing strength

24 Sidelights April 2012 The Council of American Master Mariners, Inc. when a child is raised with the only Germans. In the harbor at that time was until it was time to go back on watch. entertainment climbing coconut trees.” the French naval ship Bearn. There was Captain Olsen was on the wing of When the ship docked at Martinique, much conjecture as to whether the officers the bridge when the ship sailed on the the stevedores rigged four long gang- would remain true to France, or turn the fourth night. I was on wheel watch when planks straight out from the side of the ship over to the Vichy France control of we heard a commotion on the foredeck. ship to the pier, two forward and two the Nazis. If this happened it would give Someone one on the foredeck was hol- aft. About 200 women and four men the Germans a base in the Caribbean for lering up to the bridge for the captain. then descended on the ship, opened the their U-boats. “Hey, are you the captain of this hatches and proceeded to discharge our ship?” cargo of 3,000 tons of coal. Docked in a nearby berth was a “Yes, I am. What is the problem?” The men ran the winches to haul the Greek ship, the Poseidon. I went aboard “1 was taking a shower and ran out of coal from the hold to the deck, and the and introduced myself to the captain. water.” women filled their baskets; while two Inasmuch as I had some Greek ances- “Is that you, Gus?” picked up the full basket placing it on try, I was welcomed, and the captain “Yes, it is, and I want some water to one’s head, each one carried off her own searched his crew list for anyone who rinse the soap off of me.” basket, picking up a tally stick at the came from Cephalonia, the island from “I’ll call down right away, Gus. If gangway. At the end of the day, their pay which my father’s family had originated. anyone on this ship deserves a bath, it’s depended on the number of tally sticks There were none, but Greek hospitality is you.” turned in. the same the world over. The ship sailed from Martinique to This went on for four days. One day, The Poseidon was loading a cargo of Surinam, Dutch Guiana, and up the one of the women took time out in the cognac, rum and champagne destined Surinam River to the bauxite mines. shelter deck to have a baby, and an hour for Marseilles. Since the Germans had The river is quite narrow and the ship later was back carrying coal. I dedicate just taken over France, the captain was brushed branches of the trees on both this poem to these women. [Below] reluctant to take his ship into that area. sides of the river. The monkeys in the I suggested that after he sailed he could trees were chattering and throwing at The war news from Europe was that divert at sea to New York, as he could us twigs, nuts and anything they could France had been taken over by the surely sell his cargo there. find. People in dugout canoes called out One of my shipmates on the for “chapeaux” as the ship passed and Coal And The Woman Northern Sword, one of the fire- the calls echoed and re-echoed farther She picked up in strong arms a basket men, was an old Bowery rep- up the river so there was always another And placed it on her head, robate named Gus. Gus would canoe to meet the ship as it rounded Then stood erect to carry it stand his watch in the coal-burn- each bend. Hats were a valuable com- Down the long plank to shore. ing fire room. When he got off modity in that hot climate. The white flower pattern watch, he would go to the gin mill The ship could only take half a load On her bright red dress at the end of the pier and drink because of the depth of the river. This Smudged by the dust of coal. cargo was carried to Port of Spain, The traces of sweat streaked Trinidad, and discharged onto a Down the determined brown face. barge. A return trip to Surinam for the other half of the cargo. This day of heavy toil, Then, back to Port of Spain to Another in a long life of toil. reload what we had left behind. The few francs earned this way During these two stops at Port To buy food for another day. of Spain, I was able to go ashore At the tolling of the nones to sample life in a tropic setting. She steps proudly ashore— The girls at the waterfront bar I Head erect. stopped in all seemed extremely A slight tremble in her walk friendly. I thought it too bad I Echoes the weariness in her bones. couldn’t stay long enough to get She has made her offering acquainted. To the altar When we sailed, we carried the Of the Gods cargo to Mobile, Alabama, for Of Commerce. Sweeping bauxite from the deck, SS Northern discharge. Sword, Surinam River jungle, July 1940. Continued on page 26 >>>

The Council of American Master Mariners, Inc. April 2012 Sidelights 25 In the Membership

Deck Cadet George M. Marshall, Jr. United States Merchant Marine Cadet Corps American President Lines ship SS President Garfield serving in the around-the-world passenger and cargo trade.

The caricature painting was done by an Italian artist who got aboard this passenger and cargo ship to earn some U.S. dollars. At the time there was rioting on the dock. by Captain Shore leave was not permitted for passengers or Jackson Davis by Captain members of the ship’s crew. #1644-R George M. Marshall, Jr. These were problem times subsequent to #116-L events leading to the beginning of WWII in Europe. I made four voyages around the world in this ship in 16 months to trans- ferring to the East Coast to complete three years of deck cadet training in the ship SS Express in January of 1943. I served in this ship from the time it was built. Voyage No 1 was to Mediterranean Sea ports. That sea was closed to U.S.-Flag ships. The following five voyages were on the India run via the Cape of Good Hope. The bombing of Pearl Harbor occurred when the SS Express was home- ward bound during voyage No 6 from India. I completed three years of deck cadet training shortly before arrival at the port of New York. I was assigned to federal cadet quarters at Fort Schuyler to prepare for U.S. Coast Guard 3rd Mate’s license examinations. On voyage No. 7, the SS Express was torpedoed by a German U-boat in the Mozambique Channel when homeward bound to New York. Who said 7 (with 11) was a lucky number? ¶

Peter>>>Continued from page 25 When I left the ship in Mobile, I was recog- nized by the immigration officer from my trips in on the Southern Lady two years previously. The immigration officer looked over my recently issued Seaman’s papers and congratulated me for getting them. The Freighter, SS Northern Sword, was Company: Sword Steamship Co. When I paid off, I took the train to Silvis and sunk in a collision with the Liberty Ship SS New York, NY Davenport to visit the Engholms and my pen pal, Fisher Ames on February 8, 1943 about 50 Master: Not Known Beverly, and to meet her mother and sister, Ruth, miles off Cristobal, CZ (10’28”N/79’23”W) Built: 1918, Wilmington, DE while en route in Convoy GZ-21 from New Dimensions: 300’ x 45’ x 23’ before I returned to New York. ¶ York to Brisbane, Australia via Charlseton. Home Port: New York, NY South Caroline and Wey West, Florida. Gross Tons: 2648 Former Name: (a) Norma

26 Sidelights April 2012 The Council of American Master Mariners, Inc. In the Membership

Old tanker captain on a fancy ship cruise

My family could not seem to grasp why this old sailor with forty years at sea was not excited. My wife’s worked as a credit card for ship board never make it with the stress of his job. daughter and purchases. Leaving and returning to the I could understand that; nearly six thou- husband were ship during the cruise you swiped it in a sand people on board a $545 million coming up on slot at the head of the gangway. dollar ship with a fourteen-story luxury their thirty- The ship had a small jerky motion hotel on top. by Captain year wedding while sailing in the waves created by the To feed this many passengers, they had Jackson Davis celebration. trade winds. Stabilizing fins in the hull, several buffets for breakfast and lunch, #1644-R Their son and three bow thrusters in the bow and two which reminded me of chow lines in the his new bride wanted to celebrate their thrusters in the stern. No tugs needed for military. Sit-down dinning rooms for honeymoon on a cruise. My wife had docking and departure. the evening meals. Snack bars by several a condo available in Orlando. The MS Everyone told me I would not be swimming pools/hot tubs. You could Carnival Dream would be sailing from allowed on the bridge; restrictions since order room service. All delicious foods. Cape Canaveral for a Caribbean Cruise. 9/11. On ‘Honor the Captain Night’, I saw very few flat tummies on board. It all came together, except she had to pay everybody showed up dressed formal- All deck chairs had pale bodies occupy- for double room on the ship. They talked ly. Here I am, dressed very casually. I ing them. Not many pretty young things me into agreeing to go with them. walked up to the Captain and handed with skimpy swim suits were available They could not seem to grasp why this him my business card. He read it and for viewing. I suspect they were in col- old sailor with forty years at sea was not said it would be his pleasure if I would lege or working for a living. When tied excited. About twenty years ago, Captain visit his bridge tomorrow while in port. up in port I found plenty of room for Don Miley and myself, with a couple of Wow! I then handed him a handful of exploring the vessel. nice ladies, charted a sailboat out of St. Sidelights magazines, pointing out items Carnival went to great lengths to keep Thomas for ten days. We thoroughly on pirates and criminalization of mas- people safe and healthy. Two other cruise explored the Virgin Islands. Tips to any ters, then left. lines had ships in the Caribbean isolated of you willing to do this. Taste the water The next day at 1130 a pretty lady for sickness while we were cruising there. in all tanks before sailing. Rent a boat escorted me to the bridge and pushed On our ship there were dispensers every that has a separate engine for boat’s elec- a coded keypad to open the door. The where for keeping you hands sanitary. In tricity; you will feel silly having to run enclosed bridge extended clear out over areas where the flooring was not carpet- the main engine four hours a day to keep the side. No open wings and all air-con- ed, the surface was treated with a coating the refrigerator cool with ten days food ditioned. More electronics then I ever of a very non-slip polish. In areas where while sailing in the trade winds without saw before, going all the way across the people were walking around with plates the sails up. bridge. Two steering stations with chairs of food and liquids, there was a attendant The Carnival Dream was built in Italy and two huge radar screens. One very with a mop to quickly dry any spots left in 2009. Italian officers with a crew small steering wheel between the steer- behind. When wandering around below of 1300. The steward’s department was ing stations. Engine controls located out decks and not sure which way was for- mostly Filipino, but all spoke good in the wings where you could see down ward, there would be an attendant to English. To keep muster on 4300 pas- to the hull for docking. My tour was cut point you in the right direction. I was sengers, they had an excellent system. As short by the arrival of the Master. He and really impressed with the care they gave you approach the gangway you showed two of his officers stood alongside of me us. I would recommend sailing on these your tickets and passports. They took and our picture was taken by a photog- vessels and Carnival to anyone. ¶ your photograph and handed you a ID rapher. We talked a little. He remarked card that opened your cabin door and on my age of 90 years and said he would

The Council of American Master Mariners, Inc. April 2012 Sidelights 27 UNITY FOR SAFETY AT SEA CAMM’s voice in the IMO IFSMA

IMO Sub-committee updates

The ‘IMO’ year started on with quite a surprise.

P r e p a r i n g made by the UK’s wreck commissioner, 18 and 19 of the International Code for the Sub- Lord Mersey, following the tragedy of for the Construction and Equipment C om m it t e e the Titanic. of Ships carrying Dangerous Chemicals on Stability The U.S. Senate debated the Titanic in Bulk (IBC Code), relating to specific and Load incident and in particular was more products. However in discussions with a Lines and specific about one key point; the subtle representative from the NGO concerned by Captain on Fishing danger of over-confidence of the Master. with the operation of bulk terminals, Rodger MacDonald Vessels’ Safety To quote – ‘Captain Smith’s indifference it became clear that all is not well with Secretary-General (SLF) 54th to danger was one of the direct and bulk residue clearing, particularly large IFSMA session, to contributing causes of this unnecessary bulkers. Clearing the residue from plates meet on the 16th January, the agenda tragedy…The mystery of his indifference and frames has proved a dangerous task looked reasonably bland with discus- to danger when other less pretentious ves- and there is a need to look at designing sions on guidelines for tanker damage sels doubled their lookout or stopped their holds so that bulk residue naturally falls stability requirements; unified interpre- engines finds no reasonable hypothesis in to the bottom of the hold. Sometimes we tation to load line treaties on guard conjecture or speculation’. I would ask overlook the obvious, but here is a clear rails; design and construction for off- all shipmasters to reflect on this and we case to support the double hull concept, shore supply vessels. Perhaps we were have to face up to the fact that ship just not just for environmental reasons, but all looking forward to see the seventh was not where it should have been. My also from the safety point of view of our elected Secretary-General of IMO, Mr. fear is that this will encourage those in seafarers. Koji Sekimizu of Japan, open his first coastal State positions ashore will press formal meeting. for more control on ships movements Ship Design and Equipment However, the Costa Concordia inci- and seek to copy the aviation industry. At the Sub-Committee on Ship Design dent on January 13 put a totally different During the weekend when the media and Equipment (DE), held between the complexion on the sub-committee meet- were focussed on the Costa Concordia, 13th and 17th February 2012, there ing. Of course little can be formally dis- two product tankers exploded with 14 was agreement on a new draft SOLAS cussed until the factual report from the seafarers being killed or lost. Of course requirements for the recovery of per- Italian Administration has been submit- you would not have heard about this sons from the water on all ships. The ted, which Mr. Sekimizu informed the in the national media; seafarers do not draft new SOLAS regulation III/17-1, flag State that this will be expected to be count apparently. The Doola No3 was lost to be submitted to the Maritime Safety presented to the MSC Committee which off South Korea and the Edirne off Sierra Committee (MSC) in May for approval, meets in May this year. That being stated, Leone and both these ships fall below the would require all ships to be provided the delegates could not avoid the images level of 8,000dwt which requires inert with plans and procedures to recov- of the tragedy involving a capsized large gas systems being fitted. Why do we er persons from the water, taking into cruise ship with still suspended lifeboats allow smaller tankers to remain unsafe account the Guidelines. and liferafts portrayed in all the newspa- like this? There was also agreement on the draft pers and on all the television channels. revised Code on noise levels on board This media criticism lasted all week and Bulk Liquids and Gases ships. This Code sets out mandatory the industry will have to rethink how it The Sub-Committee on Bulk Liquids noise level limits for machinery spaces, can restore the faith of the public at large. and Gases (BLG) commenced on January control rooms, workshops, accommoda- Perhaps the ship should remain where it 30th, but there was little of interest dis- tion and other spaces on board ships and is a monument to the industry’s vicissi- cussed at the meeting other than the revises the previous version published in tude in addressing the recommendations proposed amendments to chapters 17, 1973 (resolution A.468(XII)).

28 Sidelights April 2012 The Council of American Master Mariners, Inc. UNITY FOR SAFETY Working together to protect and benefit Masters Internationally AT SEA IFSMA

Work also continued on the develop- load release mechanisms not comply- ment of a mandatory Code for ships ing with new International Life-Saving Marine Environment operating in polar waters (Polar Code), Appliances (LSA) Code to be replaced As I am writing this column, the which is intended to cover the full range no later than the first scheduled dry- Marine Environment Committee is of shipping-related matters relevant to docking of the ship after 1 July 2014 but, in session. Of course the focus is on navigation in waters surrounding the in any case, not later than 1 July 2019. the MARPOL Annex IV and how can two pole— ship design, construction The SOLAS amendment, which is the industry deal with reducing Green and equipment; operational and train- expected to enter into force on 1 January House Gasses. What should seriously ing concerns; search and rescue; and, 2013, is intended to establish new, strict- concern us, is that to meet the strin- equally important, the protection of the er safety standards for lifeboat release gent reductions in CO2 emissions, the unique environment and eco-systems of and retrieval systems aimed at prevent- Naval Architects are recommending new the polar regions. ing accidents during lifeboat launching, designs that will reduce the speed of As I have mentioned in my previous and will require the assessment and pos- ships. We have expressed our concern columns, there has been intensive work sible replacement of a large number of as in reality this will reduce the engine in the sub-committee over a number of lifeboat release hooks. power available for the Master and under years to address the problem of accidents My hope is that Costa Concordia certain weather conditions this may with lifeboats, with the development and experience will encourage the indus- prove extremely dangerous. approval of relevant guidelines as well as try to seriously look at more modern If you have any views on my views the adoption of related amendments to approaches to life saving equipment on please raise them at your annual gen- SOLAS chapter III. In May 2011, IMO board ships. The technology is there, and eral meeting of the Council of American adopted a new paragraph 5 of SOLAS I believe davit launched lifeboats#!--?3IDLIGHTS!D?PDF!- should Master Mariners and let us know what regulation III/1 to require lifeboat on- be condemned to history. we can do about them.

World Maritime Day 2012: 100 years after the Titanic The World Maritime Day theme for 2012 is “IMO: One hundred years after the Titanic”, which will focus on

the Organization’s roots and raison d’être, i.e. safety # of life at sea. - One of the consequences of the sinking, in 1912, of the Titanic, in which more than 1,500 people lost their 9 lives, was the adoption, two years later, of the first #-

International Convention for the Safety of Life at Sea -9 (the SOLAS Convention). The 1914 version of the #9 Convention was gradually superseded, respectively, by SOLAS 1929, SOLAS 1948, SOLAS 1960 (the first #-9 adopted under the auspices of IMO, then known as + IMCO) and SOLAS 1974. SOLAS 1974 is still in force today, amended and updated many times. This year’s World Maritime Day theme will provide an opportunity to take stock of the developments in maritime safety since that disaster and to examine which areas of ship safety should be given priority in the years to come. The traditional diplomatic reception to celebrate the Day will be held at IMO Headquarters on 27 September 2012.

The Council of American Master Mariners, Inc. April 2012 Sidelights 29 From the International Perspective

The Costa Concordia This cruise liner ran aground off Italian coast with 17 people confirmed dead, and some missing. Press reports that obligation, this convention does not to jail for eight years, if he jumps ship say that pas- say when it is acceptable for him to leave and people die. Even so, such rules of law sengers com- a ship in danger. are not always enforced uniformly. plained that Most men perished on the HMS Since the Costa Concordia was within there was no Birkenhead which sank in 1852 because Italian territorial waters, Italian Law will by A.K. Bansal respect for women and children were loaded into apply to this disaster. Questions as to Company of Master the tradition life boats first. This did not happen whether the master broke Italian laws Mariners of India of women and in 1854, when the SS Arctic sank near are subject to interpretation and have to children first and master left the ship Newfoundland and male survivors from be decided by Italiancourts. Apparently when passengers were still on board. The this ship were branded cowards. In 1857, if the master does not leave last, he Italian Coast Guard has alleged that they the master of the SS Central America went risks two years in jail. The Italian court ordered master to go back on his ship to down with his ship, smoking a cigar, as has noted that the Master’s imprudence, assist in evacuation but he refused. women and children were helped into negligence and incompetence has caused Generally, on hearing an evacuation lifeboats by the crew and male passen- the shipwreck and 17 deaths by proceed- alarm on a cruise ship, passengers are gers. This captain is considered a symbol ing at 15 knots in proximity of reefs supposed to proceed to the loading area of bravery in America. and obstacles and not being able to act and board a lifeboat assigned to them Rolls of Oleron in 1160 AD first men- timely, appropriately and efficiently to based on their cabin numbers. But usu- tioned common law responsibilities of stop his ship and avoid this disaster. ally, crew just load whoever is ready to go a master. Various countries world wide The court has also noted that he was and equally usually, men may step aside adopted these Rolls of Oleron in their not last to leave the ship and left behind for women and children to go first. Old- own ways. If a master does not leave a about three hundred passengers, unable time seafaring traditions looked down distressed ship last, it is not a criminal to fend for themselves at night. on men who survived when female pas- offense in the USA. But if his negligence He is also charged with indulging in sengers perished in a shipwreck. But or misconduct results in deaths, he can ‘tourist navigation’ by bringing his ship this is NOT a tradition followed uni- be accused of manslaughter. There are within 0.28 km from coast. Apparently, versally and is not part of International many cases on this point in various he saw the jutting reef with which the Maritime Law. Furthermore there is no courts, but a master’s decision to leave ship impacted too late. He has admit- rule in international Maritime Law that a ship before passengers has not been ted this and also that he underestimat- the master has to be last to step into a addressed in them. There have been no ed the extent of damage and failed to lifeboat. Also there is no legal obligation cases in the last 30 odd years in which a notify coast guard timely, thus delay- for him to go down with the ship. It hap- master was accused of leaving a ship in ing emergency rescue operations. SOS pens many times that in emergencies it is such a manner. There has been a case in was only sent over half an hour later. not possible to account for every person which a seaman was convicted for aban- Abandon ship was ordered and Coast who was on board. Therefore, if a master doning passengers in a sinking ship. Guard informed even later. The master is required to be the last to leave his ship It seems that in Italy, a master who stated that when he left the ship while it would mean certain death for him. abandons his ship while passengers are passengers were still on board, he was Under International Convention for still on board may be charged under not willfully abandoning his ship but it Safety of Life at Sea, a master has to exer- Article 1097 of Italy’s Maritime Law for was necessary due to condition of the cise his professional judgment to protect failing in his duty. Punishment is up to deck. This does not seem to be correct passenger safety. While most experts two years in jail. Yet Italian law does not as he was accompanied by other crew would agree that his presence on the ship seem to specify exactly when the captain when he left the ship and abandonment to protect life is a prerequisite to fulfill is permitted to leave. Yet he can be sent was still going on. Other members of the

30 Sidelights April 2012 The Council of American Master Mariners, Inc. crew and officers on board were doing gets into the clutches of the prosecu- “Captain Coward” and “Chicken of the everything they could to make disem- tor, lawyers, owners and the state, who Sea!” This may be a bit too hard on barkation of passengers possible! shake him as a hound does a fox. He is him. It is evident that he may have been Captain Schettino is reported to have stripped of his career, money and good trying to show off by going so near to a reached a reef by lifeboat, refused to repute and is discarded to a footnote in beautiful island. But when all his bra- come back on board and to have made a lawbook. vado backfired, he may have found that no attempt to return at least to proxim- Captain Schettino was probably not he wasn’t as brave as he thought he was! ity of the ship. But he remained on the drunk, even though newspapers have Therefore he probably did what any one reef and was in touch with authorities reported he was drinking wine in the would have done in such a crises. Yet he by phone. Evidently he did not attempt company of a lady passenger. But it ran aground a $450 million cruise liner to flee or hinder his identification. Even seems that the world press calls him that caused 17 known deaths!? ¶ with all this, his behavior is not abandon- ment in Law, even though what he said about objective impossibility of directing From the Master’s Desk and managing the emergency and rescue by Captain John McCann, National Master procedures from on board the ship, does Company of Master Mariners of Canada not seem to be supported by evidence. Obviously his conduct on board On behalf of the Company of Divisions to reach out to the Assistant caused the shipwreck, deaths and viola- Master Mariners of Canada I would Commissionaires of Coast Guard in tion of a sacred maritime tradition that like to take the opportunity to note the regions to participate in some of a master should be the last to leave his that January 26, 2012 marked the 50th these events. Please visit their com- ship. Therefore he cannot be exempted anniversary of the Canadian Coast memorative website for further details from responsibility provided his culpable Guard. Congratulations on this major on their history and accomplishments: behavior and its gravity can be proved in milestone and for enjoying a history of www.ccg-gcc.gc.ca. Law. In fact he has himself admitted that great achievements. With respects to the business of his imprudence has caused this disaster I had the opportunity to attend the the Company in 2012, we hope to which has left the international maritime 50th anniversary gala on February capitalize on all the great work that world aghast! But because after having 4, 2012 and was pleased to see the has gone into the development of our left his ship — he did not attempt to level of support evident at the gala. strategic plan and most notably the escape — the Italian court has ordered From the Minister responsible for the Views and Positions initiative. Captain house arrest at his residence for the time Coast Guard, the Honourable Keith Yves Villemaire has agreed to fulfill being. He has also been prohibited to Ashfield, Commissionaire of the the role as Chair of this committee on communicate by any means with per- RCMP, Admiral of the Navy as well an interim bases and Captain James sons other than his cohabitants. as a host of other marine and shipping Calvesbert will focus on other action Whether it is masters of the Exxon dignitaries lent an air of great pride to items identified in the plan. Valdez, Heibi Spirit or Erika, and now of the Coast Guard as well as a great deal Given that the Company represents the Costa Concordia, fact is that justice of accomplishment. a professional body of knowledge, is a function of who hires the better set In commemoration of this anniver- the national and divisional views and of lawyers, which is obviously the gov- sary, the government of Canada has positions coordinators will be crucial ernment of the country, with unlimited struck a Coast Guard stamp as well as for us in developing those positions resources. With that kind of support, the new $50 bill that is adorned with a that will set the stage for supporting the prosecutor sees an opportunity to Coast Guard icebreaker. our seagoing members whether it is further his/her career aspirations by get- Many of our members had been or our position on dynamic position- ting a conviction. The owner sides with currently are Coast Guard captains ing qualifications, criminalization of the state, as that is who butters his bread, and enjoyed long and distinguished seafarers, piracy or positions that our especially as laws are quite conveniently careers within the ranks of the Coast members may identify as a particu- tilted in his favor and the master is now Guard. Several have gone on to become lar need to be reviewed. I would ask a press-created embarrassment. In any National Masters of the Company of all the Divisions to ensure that they case, the owner’s money is not endan- Master Mariners of Canada. identify a member who will be able gered as he is fully covered by his Hull There are many regional events tak- to work with Capt. Villemaire on this and P&I insurers, including his legal ing place in recognition of the anniver- important item. costs. Thus such trials become show sary and this may be a chance for the trials and the utterly powerless master

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