Sidelights June 2013 the Council of American Master Mariners, Inc

nded 19 Fou 36 $4.00 USD

i June 2013 Vol. 43, No 3 nc 63 idelights or 19 porated S Published by the Council of American Master Mariners, Inc. 2013 CAMM Annual Meetings Professional Development Conference Target Postions

IOOS Tools Voyage Report 2013 IFSMA General Assembly Piracy and Hijacking

Mission Statement www.mastermariner.org 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. · Mission-tested security teams · Strategically deployed operator MARITIME SECURITY SOLUTIONS support vessels WORLDWIDE · 24/7 manned mission operations centers · Threat analysis center · Route-specific intelligence assessments

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IMLEA SAMI MSC Certified Member Executive Member In This Issue

On THe Cover View of Alameda waterway, west of the Port of Oakland Inner Harbor, from the hospitality suite at CAMM’s Annual View From the Bridge 5 Meeting in Oakland, Calif. Photo by Davyne Bradley. President Captain R.J. Klein’s State of CAMM address sets forth goals to advancing CAMM Sidelights as a respected professional organization 1525 N. Miranda Lane actively participating in industry legislation Green Valley, AZ 85614-6236 360-901-1257 and regulations and promoting the American [email protected] merchant fleet.

Editor-in-Chief Captain Tom Bradley In the Council 6 Secretary/Treasury Report...... 6 eDITORial Board Council Capt. Tom Bradley Capt. John Konrad Chapter & Officer Reports...... 7 Capt. Pete Booth Capt. Ron Meiczinger Reports Cross’d the Final Bar...... 9 Capt. John A.C. Cartner Capt. Klaus Niem Dear CAMM...... 9 Capt. Chick Gedney Capt. Bob Phillips Capt. Cal Hunziker Chaplain’s Report...... 10

COntributors A.K. Bansal R.J. Klein Jerry Benyo John Adam Konrad 2013 CAMM PDC & AGM 11 Tom Bradley Sinclair Oubre Peter Chelemedos Douglas Subcleff PDC Speaker Summaries...... 12 Kevin Coulombe Danielle Williams Officer Reports...... 17 John Dickie David H .Williams Committee Reports...... 19 Positions Reports...... 20 COPY eDITORS Davyne Bradley Pat Moloney Gala Dinner...... 22 Liz Clark Klaus Niem

Design & Layout In the Industry 24 Davyne Bradley IOOS/SCCOOS ocean observation tools...... 24 Printing Modern Litho, Jefferson City, Mo.

Advertising Manager & Admin Captain Tom Bradley In the Membership 26 [email protected] 360-901-1257 Peter, The Odyssey of a Merchant Mariner...... 26 To Submit Material We welcome your articles, comments, Voyage Report: Captain Kevin Coulombe.....30 illustrations and photographs. Please Plimsoll Line, Bowditch and iPhone...... 31 email or send your submissions to Sidelights Chair Captain Tom Bradley at the above address. All submissions will be reviewed, but are not guaranteed to be published. International Perspective 32 IFSMA...... 32 Publication Deadlines Issue Submission Release Secretary John Dickie Report...... 32 February Jan. 15 Feb. 5 Captain Benyo Report ��33 April March 1 April 1 Piracy and Hijacking...... 34 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. CAMM is an independent professional organization, and is not affiliated with nor endorses any union or political party.

The Council of American Master Mariners, Inc. June 2013 Sidelights 3 P.O. Box 5034 Lynnwood, WA 98046-5034 www.mastermariner.org

naTiOnal OffiCerS South Atlantic Region President POrT evergladeS / MiaMi Captain R.J. Klein Mailing addreSS Captain Paul Coan, President [email protected] The Council of American Master Mariners, Inc. [email protected] 425-246-9814 1760 E Littleton Ct. Inverness, FL 34453 Meetings at 1200, the 3rd Thursday of the First Vice President month, except July and August at the Deerfield Captain Joe Hartnett Country Club Lounge, 50 Fairway Dr., Deerfield [email protected] North Atlantic Region Beach, FL. 410-867-0556 neW YOrK / neW JerSeY Second Vice President TaMPa BaY Captain George Sandberg, President Captain Dan Jordan Captain David H. Williams, President [email protected] [email protected] 631-375-5830 cell; 631-878-0579 home 352-637-1464 503-338-8599 [email protected] Meeting locations TBD. Treasurer and Secretary Meetings at 1130 on the 2nd Tuesday of each Captain David Williams Mailing Address: Box 581 month, except July, August and September. [email protected] Center Moriches, NY 11934 Columbia Restaurant, 7th Ave. and 22nd St. 352-637-1464 BalTiMOre / WaSHingTOn d.C. Mailing Address: 1760 E. Littleton Ct. North Atlantic Regional Vice President Inverness, FL 34453 Captain Frank Zabrocky Captain Joe Hartnett, President [email protected] 410-867-0556 203-359-8494 [email protected] North Pacific Region South Atlantic Regional Vice President Meetings at 1130 monthly, except June - SeaTTle / PaCifiC nOrTHWeST Captain Jerome Benyo August. Check website for date and location. [email protected] Locations vary between Baltimore and D.C. Captain Richard Klein, President 727-791-0313 425-746-6475 Mailing Address: P.O. Box 700 [email protected] Gulf Regional Vice President Edgewater, MD 21037-0400 Captain Robert A. Phillips Meetings at 1130 on the 1st Thursday of each [email protected] nOrfOlK / HaMPTOn rOadS / TideWaTer month. Rock Salt Steaks and Seafood, Lake Union, 1232 Westlake Ave. N, Seattle. 504-737-6619 Chapter Inactive Mailing Address: PO Box 99392 South Pacific Regional Vice President Anyone interesting in restarting this chapter, Seattle, WA 98139 Captain Klaus Niem please contact Regional VP Captain Frank [email protected] Zabrocky. 707-255-6567 COluMBia river North Pacific Regional Vice President Gulf Coast Region Captain Vic Faulkner, President Captain Carl Johannes 360-798-9530 neW OrleanS [email protected] [email protected] 206-448-3433 Captain Karl Jaskierny, President Meetings are at 1200 on the 2nd Friday of 504-737-4849 Immediate Past President each month. Red Lion Inn at the Quay in Captain Cal Hunziker Meetings at 1200 on the 2nd Thursday of Vancouver, WA (I-5 and the Columbia River). [email protected] each month, except July and August at Don’s Mailing Address: 121 Hazel Dell View 253-862-7493 Seafood Hut, 4801 Veterans Blvd., Metairie, Castle Rock, WA 98611 LA. Council Chaplain Father Sinclair Oubre Mailing Address: 8112 Ferrara Drive South Pacific Region [email protected] Harahan, LA 70123 409-749-0171 lOS angeleS / lOng BeaCH MOBile BaY Captain David Boatner, President Captain Jerome “Rusty” Kligore, President 805-479-8461 CHairS 251-490-2741 [email protected] BOG at Large nd nd Captain Tom Bradley Meetings on the 2 Tuesday of each Meetings at 1200 on the 2 Tuesday of each month at 1300. Felix’s Fish Camp Grill: 1530 month, except August. Crowne Plaza Hotel, Constitution and Bylaws Battleship Pkwy, Spanish Ft., AL. Beacon Room, 601 S Palos Verdes St., San Committee Chair Pedro, CA. Captain Chick Gedney Mailing Address: 6208 Pier Ave, Fairhope, AL 36532 Mailing Address: 533 N. Marine Ave Government Relations Committee Chair Wilmington, CA 90744-5527 Captain Joe Hartnett HOuSTOn Membership Committee Chair Captain Michael J. Mc Cright, President San franCiSCO BaY area Captain Liz Clark [email protected] Captain Klaus Niem, President Pilot Relations Committee Chair Meetings monthly, September - May. Check 707-255-6567 Captain Dan Jordan website for specific dates. 1130 hrs, TAMUG [email protected] Positions Committee Chair Blue Room, Galveston, TX. Meetings on the 1st Tuesday of each month, Ms. Lyn McClelland Mailing Address: 11:30, Sinbad’s Pier 2 Restaurant in San Sidelights & Website Committee Chair 4620 Fairmont Pkwy, Suite 203 Francisco, south of Ferry Building. Captain Tom Bradley Pasadena, TX 77504 Mailing Address: 4207 Chardonnay Ct. Napa, CA 94558-2562

4 Sidelights June 2013 The Council of American Master Mariners, Inc. from the

State of CAMM The past presidents have built a good foundation. I will endeavor to move forward and continue the process of making CAMM a well respected and professional organization.

Work done at funds would become available, making it tions in order of importance. The rank- the just com- possible for CAMM to send representa- ing included those submitted by email pleted Annual tives to national and international mari- from members unable to attend. Captain R.J. Klein General time events and conferences on a more The top five were: CAMM National Meeting consistent bases. 1) 2004-01 Criminalization of Ship President (AGM) will Masters #1751-R enable us to At the Annual General 2) 2012-04 Jones Act keep making headway. Meeting (AGM) 3) 2007-06 Seaman’s Manslaughter At the end of 2012, we had 742 mem- The San Francisco Chapter did a nice Act bers, 613 of which are Regular or Regular job of hosting the AGM and the speakers 4) 2004-02 Port of Refuge Pilot members (82.6%). We have 68 for Thursday’s Professional Development 5) 2011-03 Recognition of Foreign active seagoing masters. Approximately Conference were well received. Mr. C. Licenses, STCW Certificates, 48% of our members are NOT affiliat- James Patti, President of the Maritime Endorsements on U.S. Vessels ed with chapters. The recent revitalized Institute for Research and Industrial Over the next year, CAMM will make NY/NJ Chapter in the North Atlantic Development (MIRAID) gave informa- a concentrated effort to advance and, Region will no doubt change these per- tive insight into congressional lobby- where possible, bring resolution to these centages. All non-chapter members are ing efforts in the maritime industry. Of five positions. It cannot be done alone. encouraged to engage in CAMM activi- particular note was the annual Maritime I will be posting information on the ties by writing, using the website or mak- Industry Congressional Sail-In held in website as to how we may be able to ing contact by email. (For information early May. At the Sail-In, a unified mari- achieve our goal. I welcome any and all on the NY/NJ Chapter contact Captain time industry briefs Congress on how assistance and suggestions. If there is a George Sandberg at captsandberg@mas- a vibrant U.S. maritime industry makes particular position on which you would termariner.org). the United States stronger. An increase like to take the lead or be a contributor, Our finances will allow us to con- of CAMM’s presence at next year’s Sail- contact [email protected]. tinue as in previous years (see Captain In is anticipated. Go to www.gcaptain. William’s report for details). Captain com/third-annual-sail-in-updates/ for The Board of Governors Bradley has been able to reduce the cost more information on this year’s event. Meeting of Sidelights publication significantly, Ms. Lyn McClelland, chairperson of The BOG discussed the handling of which will preserve this vital tool and the Positions Committee, did an out- nominations for the Lalonde “Spirit of allow it to maintain it’s current high stan- standing job of compiling and present- the Sea” Award. It was decided that the dard. We expect an increase in advertising CAMM’s Positions and Views for nomination process would be empha- ing on the website which will enable us review (see page 20). During the AGM, sized and that nominations be forth- to upgrade the site. A “Members Only” members voted on CAMM’s Positions coming before Thanksgiving. This will section will be created to facilitate inter- and Views. The vote on positions was to enable us to have well qualified candi- nal discussion and permit the posting of amend, continue, discontinue, or table. dates nominated prior to the January members only information. One of the The vote on views was to move from 15th deadline. main financial goals for this year will view to position, continue as a view, or The BOG took up the possibility of be to make Sidelights and the website discontinue. After working through this rewriting the Constitution to correct revenue neutral. By doing so, additional process, the members ranked the posi- Continued on page 6 >>>

The Council of American Master Mariners, Inc. June 2013 Sidelights 5 In the Council

Secretary & Treasury Report

Secretary Report Treasury Report This year the total paid member- In 2012 collected membership dues of $38,460, contribu- ship is 480 all types plus 70 Exempt tions of $120, the raffle $3,420 and $520 application fees. members for a total of 550 mem- Sidelights revenue was $19,794 for a total of $62,319. bers in good standing. There are Expenses of $38,556 for Sidelights, Travel to convention 211 who are in arrears. Of these, 19 $14,645, Operating Expenses $2,902, Travel for IFSMA $1,893, have been sent the final notice and Management and Accountings Fees $6,600. Other Expenses have until April 30 to become cur- $5,334 for a total of $69,930. Net Income -$7,607. rent or be terminated. At the end The balance sheet had assets of $29,207 on Jan. 1, 2012 and by Captain of 2012, members in good standing $21, 600 on Dec. 31, 2012. David H. Williams were 589 all types plus 70 Exempt Through April 20, 2013, CAMM collected $30,810 in dues CAMM National members for a total of 659. There $1,490 in other contributions and $5,510 for the raffle and Secretary / Treasurer was a total of 102 members in $120 application fees. Total before Sidelights revenue $37, 930. #2318-R arrears at the end of the year. We As of 20 April 2013 there were $17,115 in revenue of which are about where we were last year at this time for dues paid. $15,540 is in receivables for Sidelights. Total revenue this year Second Notice dues invoices will go out later this year. Last to date (4/20/13) of $55,045. year’s second notice brought in 90 members dues. Balance sheet as of April 20, 2013 has assets of $61,897. So far since the last meeting in Seattle we have gained 7 new The budget for 2013 was approved in November 2012 by the members. We’ve had 16 members pass away since the meeting Finance Committee with notes. These notes and the budget in Seattle. There are nine members missing and I am follow- will be a topic of discussion this afternoon. The presentation ing up on these members. As can be seen, membership is not will show an analysis of this year’s budget modified for actual growing. Specific efforts by all needs to be made to recruit new income and expenses for the first quarter. The spreadsheet can members. quickly show projections for 2014.¶

View >>>Continued from page 5 next AGM. Join CAMM unclear passages and to bring the CAMM makes our voice stronger By-laws in line with the Constitution. It Return to Mystic Seaport • Representation at IMO via IFSMA was further suggested that we make this Under the authority of CAMM’s • Partnership with industry advocates document a single document by having a Constitution [Article IX, Section 1 (c)], • Concerns with fatigue and manning. constitution only — no By-laws. Subjects the BOG selected Mystic Seaport as the Promotes U.S. Flag Fleet that need additional amplification or location of the next AGM. The AGM • Supports the Jones Act, cargo prefer- clarification would be done under “Rules has not been held in the North Atlantic ence laws, and legislation protecting American jobs and readiness of the and Regulations” which would be docu- Region since 1999. The NY/NJ PONY U.S. Merchant Marine as a military mented and printed for all members. Chapter hosted that year and it was also support force. All that would be required to change or the first time CAMM held a PDC. The On your side amend the Rules and Regulations would date is yet to be determined but we are • Opposes criminalization; aids in be a vote by the BOG and a distribution targeting late May 2014. Information finding fair representation. of the changes to the membership. As will be posted on the website as soon as Membership Qualifications* most of our changes have been to the dates are confirmed. This will be a great • 500+ GRT USCG Master’s License* by-laws, a one document solution as venue for CAMM and a maritime rich • Cadet or instructor at a maritime described would simplify the process. destination for both local and national training school By email we will advance this sugges- members. Start making your plans. • High maritime industry distinction To Apply tion and form a Constitutional Re-write www.mastermariner.org/membership Committee. The intent will be to have the document ready for a vote at the Captain R.J. Klein

6 Sidelights June 2013 The Council of American Master Mariners, Inc. Council Reports

Editor’s Note: McClelland (#3104-A), along with co- -1830) credited with the discovery of the Most chapter reports will be found in the judges Captain John Clary (NOAA) and greenhouse effect; the amazing 1988 dis- AGM section of Sidelights on pages 17-19. Michael Heys (Operations Manager, covery 250 feet deep in the ice of the lost Compass Courses) awarded scholar- P-38 squadron that had crash-landed in Seattle / Pacific Northwest ships to six high-school graduates head- Greenland in 1942; how hurricanes orig- submitted by Captain Douglas Subcleff ing to careers in the maritime industry. inate off Dakar, Senegal; and the ongoing Chapter Secretary The SPNW CAMM Chapter supports decline of ice in the Arctic. Our chapter is saddened to report YMTA with an annual golf tournament But what was most interesting was Captain William P. Crawford, founder fundraiser. Ms. Mallory Suggs is the the family connection that he spoke of. of Crawford Nautical School, cross’d the recipient of the $5,000 SPNW CAMM His father, Joseph Eachus, was a U.S. final bar on March 20, 2013. Captain scholarship. Navy Lieutenant in WWII. He was the William P. Crawford was honored in 2010 At the May meeting, Captain Klein only American naval officer assigned as CAMM Seattle’s Maritime Person of reported on business from the National to Bletchley Park, the site of the United the Year. William Crawford’s sea service meeting in Oakland. Kingdom’s main code decryption cen- began in WWII and he became an unlim- Dr. James Eachus, Ph.D., Scientist, ter. Lt. Joseph Eachus’s name has been ited shipmaster at the age of 22. After the computer geek, and storyteller gave a inscribed on the Bletchley Park “Roll of war he practiced admiralty law prior to verbal presentation on the Global War Honour” for his service from 1942 to joining the family navigation school that and Global Warming. He spoke first 1945. originated back to 1923 with locations about what a difference a week makes, In his conclusion, Jim stated that there over the years in San Pedro, San Diego, that is, from December 1, 1941 to are many scientists who have known the Wilmington and San Francisco. Since December 8, 1941. The pre-war climate facts about the global warming trend, 1985, the Crawford Nautical School has was dramatically changed after the “tip- but so far unable to convince the public been located in Seattle. In addition to ping point” that was Pearl Harbor. Dr. of the need for serious action. This, plus directing operations for over 20 years, Eachus talked for nearly half an hour. the lack of a “Pearl Harbor” type of tip- Captain Crawford authored a series of No notes, no slideshow... just a lot of ping point has so far inhibited the solu- professional textbooks on terrestrial stories, that initially, did not appear to tion process. navigation, celestial navigation, weather be connected; but, in the end, were. Dr. Eachus also had a “Climate and Rules of the Road. He never fully He effectively made a link between the Change” recommended reading list retired and continued to teach classes intensity of the United States war effort hand-out sheet. Our Thanks to Jim for part-time and was, in fact, teaching a in WWII and how a potentially similar a very thought-provoking presentation! class when he suffered a stroke at the age dedication could be utilized to help deal Continued on next page >>> of 90. In the words of his family, “We will with today’s global warming scenario. follow his wake for the rest of our lives.” Along the way, Jim’s stories referenced Truly an amazing man who left behind a persons and events of historical interest: lasting, maritime legacy. French physicist Joseph Fourier (1768 Our April meeting revolved around Below: YMTA Scholarship judges panel: Captain John Clary (NOAA), discussions of the upcoming National Ms. Lyn McClelland (#3104-A), Captain Kevin Coulombe (#3221-R) and meetings in Oakland, namely views and Michael Heys (Operations Manager, Compass Courses). Right: Ms. Mallory Suggs, recipient of the $5,000 SPNW CAMM positions, and how CAMM can take Scholarship. action on some of these to accomplish legislative changes. On April 20, two of our chapter members served as judges for Youth Maritime Training Association’s (YMTA) Norm Manly Scholarship Presentations. CAMM members Captain Kevin Coulombe (#3221-R) and Ms. Lyn Photos: Doug Subcleff

The Council of American Master Mariners, Inc. June 2013 Sidelights 7 In the Council

Council >>>Continued from page 7 Port Everglades / Miami ticipated in the 2013 Maritime Industry July “field trip” meeting: Captain submitted by Captain Liz Clark, Congressional Sail-In in Washington, Moore announced that plans are being Chapter Vice President D.C. on May 8; and Maritime Day made to hold our July meeting aboard The chapter is saddened to report the Celebrations aboard the N/S Savannah the CMA training vessel, Golden Bear, passing of Captain Dave Goff. on May 18 and in Washington, D.C. on on Wednesday, July 3rd when the ship The PEV/Miami CAMM Chapter has May 22. ¶ calls to the Port of Seattle. The last a new President, Captain Paul Coan time we had an opportunity to visit the (#3021-R), who is a sea-going Master Golden Bear was in August of 2010. with Mærsk/Sealand. We continue to meet on the 3rd Thursday of the month Houston except July and August at the Deerfield submitted by Captain Michael Mc Cright, Country Club Lounge. We also have a Chapter President new Secretary/Treasurer, Captain Tim The cadets and School Ship T.S. Browne (#3324-A), a relatively new General Rudder are in the “go” mode. The chapter member from Chicago who is next official meeting is for September moving down here permanently. 2013 at TAMUG. Baltimore / Washington D.C. New Orleans submitted by Captain Joe Hartnett, submitted by Captain Karl Jaskierny, Chapter President Chapter President In lieu of meetings, the chapter par- The chapter held its regular April and May luncheons at Don’s Seafood Hut in Metairie, La. At the May meeting, we Photo: Courtesy Joe Hartnett discussed business from the National Above: CAMM members aboard the N/S Savannah. Captains Nicholas Warmouth, Chris meeting, and this was also the last meet- Yearwood, Arthur Jensen, and Joe Hartnett. ing before our summer pause. Captain Tim Brown, not pictured, was also present. Mobile Bay Left: Captain Joe Hartnett congratulates Congressman Elijah E. Cummings (D-MD) No report submitted. for being honored during the 2013 Salute to Photo: Courtesy Joe Hartnett Congress. CAMM in Action Medical Evaluations A1.2 - Medical Certificate. CAMM’s CAMM responded to a Notice response is posted on our website of Proposed Rule Making (NPRM) under Press Releases. USCG Docket Number 2013-0089, in response to a Congressional mandate Criminalization Cases that the USCG evaluate the NMC’s CAMM continues to work behind Cartner & Fiske, LLC merchant mariner medical evalua- the scenes, in efforts with IFSMA, in Washington, D.C. tion program and provide alterna- cases we cannot publicly discuss. tives similar to those used by the FAA and Federal Motor Carrier Safety Support for H.R. 1678 Maritime, Aviation, Administration (FMCSA). Saving Essential American Commercial and CAMM has long opposed the Sailors (SEAS) Act International Taxation NMC’s current system and advocated CAMM will send a letter to for a system similar to the FAA. Representative Elijah E. Cummings and Expatriation Law CAMM’s comments asked the expressing our support in his efforts USCG to concede their current sys- to protect the Jones Act and support jacc@c aw.net tem does not work and to implement for H.R. 1678 which reinstates cargo guidelines as set forth in and compli- preference to 75%. 202 429 2500 ant with ILO-MLC 2006 Regulation

8 Sidelights June 2013 The Council of American Master Mariners, Inc. Cross’d the FinAL bAr

Harald Beck, 74, Jan. 9. A resident Gerald H. Helterline, 90, Dec. 27, 2012. A resident of Walnut Creek, Calif., and a pen- Coldspring, Texas, and a pensioner since 1980, he last sailed for sioner since 1995, he last sailed for Marine Transport Lines as third mate aboard the American President Lines as sec- SS Marine Electric. In his spare time, he enjoyed painting and ond mate aboard the SS President drawing. His daughter Amelia survives him. Washington. He is survived by his sons Alexander, Daniel, Harald Robert and Lorenz. Warren L. Hutchings, 88, Nov. 25, 2012. A pensioner since 1989 and a resident of Houston, Texas, he last sailed for Lykes Father Maurice Lalonde #2149-L Heights, N.Y. before moving to the South Florida area. He Brothers Steamship as third mate aboard the SS Ashley Lykes. Father Maurice Lalonde, 89, passed away on April 21, 2013. initially served in the Merchant Marine in support of the CAMM is grateful for the years he served as our Chaplain, Vietnam War as a deck officer and earned his Masters License and are honored to have named our most prestigious award in 1971. As an officer and Master he sailed for over 30 years, Walter R. Day, 90, Dec. 7, 2012. A resident of Seattle, Wash., in his honor, the Lalonde Spirit of the Seas Award. PleaseFrank see Knowles, mostly 73, with March Navieras 14. Veteran de Puerto Rico (NPR). and a pensioner since 1987, he last sailed for Lykes Brothers Father Oubre’s column on the next page for more on Fathership pilot FrankIn retirement,Knowles died Captain after Goff was actively involved in Boy Steamship as master of the SS Tyson Lykes. Lalonde. falling fromScouting, the Jacob’s was ladder an International of a bulk Transport Workers’ Federation carrier off InspectorPanama City, for Fla.the He South initially Florida region, was the National Captain David Goff #1885-R was able toVice cling President to a life raft of thrownthe American by Merchant Marine Veterans Port Everglades/Miami the pilot boatAssociation, operator, butserved then on lost the his General Executive Board for the David C. Goff, 67, March 27, a CAMM Chapter President hold and driftedInternational away. An Organization emergency of Masters, Mates and Pilots and member of the MM&P General helicopter and fixed-wing aircraft were Executive Board and the MM&P David C. Goff, 67, of Boca Raton, was a lifelong active and committed crew member of the Fla., passed away on Marchimmediately 27th, WWII deployed Liberty by theShip, U.S. John Coast W. Brown in Baltimore, Md. Representative in Port Everglades, Guard, but visibility was poor in the Fla. A friend and mentor to 2013. He was born on August 5, 1945, Dave was an avid scholar of the history of the American in Chicago, Ill. and spent hisearly youth morning Merchant darkness. Marine, His bodyand he was was always eager to share his knowl- countless MM&P members and found two hours later by searchers in staffers over the course of many growing up in Wilmette, Ill. where he edge with others. the bulk carrier’s fast rescue craft. years, Dave was a lifelong active was very involved in Boy Scouts and Dave is survived and dearly missed by his daughter, son and “We are deeply saddened at the loss of one of our fellow and committed crewmember of Sea Scouts, attaining the rank of Eagle four grandchildren. A memorial and celebration of his life was harbor pilots and a dear friend,” said a spokesperson for the the World War II Liberty Ship Scout and Quartermaster respectively. held in Pompano Beach, Fla. on Friday the 5th of April. In lieu John W. Brown. He attended the United StatesFlorida Merchant Harbor MarinePilots Association Academy inof a flowers, statement. the “Captainfamily requests donations be made to the David Dave was an avid scholar of in Kings Point, N.Y. and graduatedFrank Knowlesin 1967 haswith been a U.S. a dedicated Navy Goff and Memorial brave harbor Fund pilot at the non-profit organization Project the history of the American Merchant Marine,Reserve and commission. he was He marriedsince he andwas licensedlived in in Brooklyn 1976. Our thoughtsLiberty Ship, and prayersPO Box are 25846, with Baltimore, MD 21224. ¶ always eager to share his knowledge with others. For several his wife, Gail, and his family. Words cannot express the grief years he wrote a history column, “Sailing Through Time,” and sadness that every harbor pilot across the state feels today at for the MM&P magazine “The Master, Mate & Pilot.” He this tragic loss.” sailed as an MM&P officer for over 30 years, mostly with Navieras de Puerto Rico (NPR). He last sailed as captain for NPR Carolina. Wayne E. Lien, 86, Dec.19, 2012. A resident of Mesa, Ariz., and a Dave served as National Vice PresidentDear of the American CAMM,pensioner since 1992, he last sailed for Lykes Brothers Steamship Merchant Marine Veterans Association.E Hemma was alsoMærsk as master of the SS Thompson Lykes. ForIf CAMM over 20 isyears, to regain he was some of its past authority and cred- the Pensioners’ Representative on the MM&P General I was appalled to read an unexpurgateda member of letter the Fountain from a CAMM Hills Kiwanis ibility, Club it cannot and the go Deserton with this type of mentality. Executive Board. Among his many activities on behalf of member concerning WalMartMariners and Emma Organization. Mærsk. This His wifewas Eileen,Best sons regards, Jack, Wayne and merchant mariners was work as an inspector in southern taken directly from a misinformedJay, daughter on line Tammy,letter that seven has beengrandchildren Captain and Gerard three great-Hasselbach Florida for the International Transport Workers’ Federation. grandchildren survive him. “On behalf of the membership of Masters,circulating Mates for & six years. While most of the data about the #1705-R Pilots, we wish to express our sadness onship’s the passingcharacteristics of are true, this ship was not chartered by WalMart to carry cargo from China to the US. In fact, it has Response from Editor-in-Cheif our steadfast Union Brother,” said MM&P International Theodore C. Marchion Dec. 21, 2012. A pensioner since 1992 President Don Marcus. “An expert masternever mariner, even beentrade to the USA and its regular run is from China Captain Jerry Hasselbach, through the Suez canal to N. Europe.and a resident The news of Anaconda, about the Montana,ship Thank he last you sailed for foryour Farrell input, it is very valuable to us. unionist and chronicler of labor and maritime history, Dave Lines as master of the SS Export Freedom. He was a member of was active in promoting his chosen profession,is so old merchant that there is already a newer larger class of Maersk If a person is a member of CAMM, we try and publish the Masons and the Shriners, and he loved to hunt and fish. His mariners of all stripes and his Union Brothersships being and Sisters. added to the China to Europe run the first of these what they send to us (mostly in their own words) as it is the wife Louise, four children and five grandchildren survive him. MM&P has suffered a great loss.” Triple E class ships is due out in 13 days. The Emma just expe- members’ magazine, this was sent in by a member. We don’t The family requests that any donationsrienced in his enginememory room be flooding and made the news this week have the time nor enough help to do the research to fact check made to the David Goff Memorial Fundbecause at the non-profit it has to go into shipyard for repairs in Palermo. (The these types of letters or to find out whether true or not. organization Project Liberty Ship, PO Boxreport 25846, of thatBaltimore, would be interesting news). The fact that you took the time to send us a correction MD 21224. Stupid erroneous comments from the email without addi- helps CAMM regain some of its past authority and credibility. tional research or editing in our national magazine is why We look forward to your continued input (hopefully for each CAMM has gotten such a bad reputation as a group of old issue). retired guys who still talk about life at sea as it was 40 years ago Best Regards, March - April 2013 and have no concept -of 24 what - is going on in today’s merchantThe MasterCaptain, MateTom Bradley & Pilot marine.

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. CAMM is an independent professional organization, and is not affiliated with nor endorses any union or political party.

The Council of American Master Mariners, Inc. June 2013 Sidelights 9 In the Council

A Sailor’s Priest

Priests are frequently asked, “What priest inspired you to become a priest?” For most the Holy Name Friary’s obituary: Missionary Union office and as part priests, they of the pastoral staff of St. Francis of will tell of a “Born Oct. 27, 1923 in Ilion, N.Y., Assisi Church. parish priest, to Eugene and Mildred Lalonde, a professor in Venant was baptized Maurice Eugene “In 1991, Fr. Lalonde moved high school or at Annunciation Church in Ilion. to Sacred Heart Friary in East by Father college, or for After graduating in 1942 from high Rutherford, N.J. Retiring from Sinclair Oubre many young- school in Malone, N.Y., Venant the Merchant Marine in 1992, he CAMM Chaplain er priests, entered the N.Y. State Maritime returned to pastoral work, first at #3220-A Blessed John Academy in the Bronx, N.Y., from Our Lady of Vilnius Church in New Paul II. which he graduated in 1944. York City, then, in 1994, at St. Agnes For myself, the priests I knew did not Church in New York City, assisting in inspire me to emulate them. Actually, “For the following two and a half the parish until 2007. their mediocrity motivated me to go to years, he served in the U.S. Navy. (He the seminary, and try to do better. After received three bronze stars for his “On May 4, 1999, the Council of 27 years as a priest, I am now significant- service. One for service at Iwo Jima. American Master Mariners named ly more humble about my judgements of While in the Navy, he served onboard Capt. Venant the first recipient of the my brother priests. a submarine and an aircraft car- Lalonde Spirit of the Sea Award for In 2004, I finally discovered a priest rier as a Lieutenant.) He entered St. his exemplary service to humankind who could be an inspiration and a model Joseph Seminary in Callicoon, N.Y., and seafarers in particular....” to me in my own priesthood journey. In in 1946. Fr. Lalonde was received October of that year, while attending the into the Order on Aug. 12, 1948 at St. Eternal Rest Grant Unto Him, O’ Lord, Admiral of the Oceans Seas Dinner in Bonaventure Friary in Paterson, N.J. and Let Perpetual Light Shine upon New York, I made it a point to visit Fr. Receiving the religious name Venant, Him. Amen. ¶ Lalonde at St. Agnes Church. I sat with he professed first vows on Aug. 13, him for hours, and intensely listened as 1949 in Paterson. he talked about his vocation, his mari- Apostleship of the Sea - time career, and the manner in which he “In 1956, Venant volunteered as United States of America incorporated his love of Christ and His a missionary in Bolivia, where he Church with his love of the sea. served for 15 years, almost entirely The professional association of Fr. Lalonde was an example of the rar- among the indigenous people. (Due Catholic Mariners and the official est of priests. One who dedicates his life to health reasons, he returned to Organization for Catholic Cruise to bring his priestly ministry to where the United States in 1971. Shortly Ship Priests and Maritime Ministers men and women work. In doing so, he after, Fr. Lalonde took a leave from Please contact us if you are was able to bring God’s grace into places ministry to continue his maritime interested in becoming an that were devoid of redemptive blessings. training.... In 1974, he was given AOS-USA member! Fr. Lalonde passed away on April 21, permission to enter the Apostleship 1500 Jefferson Drive 2013, at Holy Name Friary in Ringwood, of the Sea. For the next 17 years, he Port Arthur, TX 77642 New Jersey. He had been a Franciscan worked in the Merchant Marine... [email protected] for 63 years, a Catholic priest for 58 while exercising a priestly ministry Voice: 409.985.4545 years, and a U.S. merchant mariner for aboard ship. When not at sea, he www.aos-usa.org 69 years. Here are some excerpts from assisted at the Province’s Franciscan

10 Sidelights June 2013 The Council of American Master Mariners, Inc. nded 19 Fou 36 The Council of American Master Mariners, Inc. Annual General Meeting Professional Development Conference in 3 co 96 rporated 1 April 24-26, 2013 ¶ Oakland, CA USA

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Hosted by the San Francisco Bay Area CAMM Chapter Captains Jeremy Hope, Tom Picha, and Fred Jones attentively listen to Captain John A.C. Cartner’s opinion of TWIC. Key phrases from PDC/AGM 2013: Captain Dave Boatner: “It’s the law. We must comply. We must deal with it,” in reference to MLC 2006.

Professional Development Conference Brief summaries of our invited speakers’ presentations on aspects Captain Pat Moloney, “Let’s look at who’s got it of safety, manning, fatigue, fuel [fatigue management] right switchovers, ocean observation and mimic them...” tools and more. Captains Ehrling Carlsen, RJ Klein, and Fred Jones. CAMM Business Meeting Summaries of officers’ reports, target positions discussions. Gala Dinner Keynote Speaker Rear Admiral Thomas A. Cropper, President,

California Captains Joe Hartnett, Paul Hanley, Maritime Academy & Dan Jordan Commander Jason Tama receives copies of Sidelights from Captain Tom Bradley. Captain Cal Hunziker joins the conversation. Thank You Sponsors: CAMM Member 1963-R Master, Mates & Pilots Law Offices of George W. Nowell

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M A • S T S E T RS O M PIL ATES AND View of the Turning Basin, Port of Oakland, from the hospitality suite anjin Brussels has just completed the turn and the late afternoon. The H CSCL Le Havre enters to make the turn.

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USCG Sector San Francisco Commander Jason Tama USCG Sector San Francisco, Acting Deputy Commander and Chief of Prevention

events annually, embark an average of and one from the week before with a 36 search and rescue missions amount- derrick tug and barge headed to Los ing to six saved lives per week, and Angeles. are the top port for marine casualty The region is environmentally sen- investigations. The Sector had the first sitive with zero public tolerance for VTS system in the country installed pollution, both in terms of spills and 40 years ago, spurred by the collision emissions. He briefly talked about fuel of two Chevron tankers in fog outside switchover and marine casualties, know- the Golden Gate in 1971 and the passing Captain Jeff Cowan would cover the ing of the Ports and Waterways Safety topic more in-depth later in the day. Commander Jason Tama relayed Act. VTS allows mariners and USCG to The sectors receive notices from regrets from Captain Greg Stump, who handle offshore approaches, central bay, USCG headquarters regarding greylist took over as Commander of Sector and river delta systems with challeng- trends; they watch very closely at those San Francisco ten days earlier. The ing weather off coast, several bay and particular items to provide proper over- Commandant of the Coast Guard vis- delta bridges, strong currents and 100+ sight during inspections. ited San Francisco that morning, and days of fog. Mariners must be prepared A trend is that some have become Captain Stump had to attend to that. for unpredictable, rapid development of complacent about carrying safety gear or Commander Tama opened with a local fog and low visibility navigation. not understanding the most basic prin- quick overview of the Coast Guard’s The area saw 123,000+ transits in 2012. ciples of seamanship. Fatigue plagues role in Sector San Francisco, which in Commander Tama showed slides and fishing vessels, where often the vessels general, doesn’t vary much with other actions taken with the arrival of the first are small and only have one or two sectors in the nation. The Sector is the ultra-large vessels into Oakland, maneu- men on board. The Sector is work- largest in the continental U.S., stretching vering 1205-foot vessels in a 1500-foot ing to educate and make tools for cop- from the Oregon border to the San Louis turning basin, at the very limit of the ing with fatigue available to the fishing Obispo county line with 800 personnel U.S. Army Corps of Engineers design. community. Some with nice sailboats augmented by 1500 Auxiliary. However, Operation parameters established after and yachts think they’re good to go. Sector SF’s large diversity of active mari- simulations with pilots at California Commander Tama showed slides of local time activities – container ships, refiner- Maritime Academy are to require two incidents, some in recent regattas and ies and tankers, cruise ships, ferries, fish- pilots aboard, four tugs, and visibility with trial runs for the America’s Cup; ing vessels, tourist ships, yachts, boaters, and daylight hour restrictions. The port some with textbook response, others kayaks, kiteboarders, swimmers, and has now seen dozens of safe arrivals and with fatal consequences that could have surfers – all converge to make interest- departures. been less severe with proper safety gear, ing challenges for both the USCG and Commander Tama briefly talked about training and calls to the USCG for help professional mariners. Their job revolves the differences in investigations from the sooner. ¶ around balancing the different users on Pilots Commission, the NTSB, and the the waterways; no one has exclusive USCG. Pilotage commissions generally rights to the waterways. look exclusively at the role of the pilot, America’s Cup When the USCG reorganized post 9-11, whereas the USCG looks at the entire Commander Jason Tama, USCG field operations were essentially divided system of safety including the bridge America’s Cup poses several challenges. into response and prevention. Prevention crew, VTS, ATON, visibility, etc. which First, race organizers want to bring the race includes safety inspections and vessel takes time. The USCG is required to in from the ocean and put it in front for the traffic management; response is search notify the NTSB when damage exceeds public, bringing it into the natural amphi- and rescue, law enforcement, and pollu- $500,000, and from there it is up to the theater of the bay. High winds, strong cur- tion response. The system works well and NTSB if they investigate. Typically the rents, and a smaller race area mean higher has great logistical support. NTSB makes the decision to investigate speeds, higher risks and even higher con- Sector SF has the busiest command or not based on the USCG report and sequences. Most of the maritime industry center in the USCG, due to the diversity their current workload priorities. He agrees the America Cup is good for the and relatively year-round good weath- showed slides and noted recent cases local economy, but need to keep businesses er. The Sector permits 1400 maritime with the Cosco Busan, Overseas Reymar,

12 Sidelights June 2013 The Council of American Master Mariners, Inc. Professional Development Conference

Congressional lobbying efforts in the Maritime Industry Mr. C. James Patti Maritime Institute of Research and Industrial Development (MIRAID) President

Mr. C. James Patti updated CAMM tended consequence is that under the tural industry, on a number of legislative issues affect- law, if the ship does not receive the the MSC fleet, ing the merchant marine, illustrat- full authorized payment, they are free international ing how many of them tie together and clear to leave the U.S. Flag with- political to form a coordinated maritime policy. out consequences. Tremendous strides implications USA Maritime is an organization which were made, backed by the Department and domestic political implications, brings the industry together to lobby for of Defense (DoD), to ensure funding as U.S. tax dollars will likely be spent common interests. resumes in August, but it is very unclear overseas instead of investing back into Mr. Patti explained how loopholes what operators may do in September. American jobs. in the Internal Revenue Code regard- The DoD is now a staunch supporter Under cargo preference laws, from ing Harbor Maintenance Fund serves as of the MSC fleet. Doing the math, they 1954-1885, U.S. Flag vessels were economic disincentive for the Marine realized $185 million keeps U.S. Flag required to carry 50% of U.S. financed Highway Transportation System by tax- ships and American crew available when cargo. In 1985, cargo preference ing each container at each port, in con- needed, whereas if they had to build increased to 75%. In 2012, it dropped trast to truck and rail shipping, where their own, it would cost upwards of $15 back to 50%. H.R. 1678, the Saving cargo is not taxed again upon arrival as it billion just to replicate vessel capabilities. Essential American Sailors (SEAS) Act, transfers through ports and distribution It is essential to keep American mari- if passed, will repeal the language and centers. The tonnage tax, when passed, ners employed as seafarers, otherwise restore it back to 75%. In a related battle, put U.S. Flag vessels on even ground, they find new trades. It’s hard to get many agencies add wording to circum- but the way the industry has evolved, them back, and their seafaring skills may vent cargo preference laws, but it is not domestic operators are now on unequal diminish. America can’t afford to give up enforced nor are there any penalties in ground with foreign flag vessels. the U.S. Flag fleet because of broad rang- the law for the judge to mete out. Sequestration will potentially have ing implications from economic, home- Mr. Patti formed maritime action a significant impact on the Maritime land security, and military perspectives. committees (MACs) in 41 of 435 dis- Security Program (MSC), which sup- Cargo Preference Laws and The Food tricts across the country. Members meet ports a fleet of 60 militarily useful U.S. for Peace Program (PL480) are essential casually with their congressmen or their Flag vessels, the core of the MSC Fleet. in providing cargo that keeps 50 of the staff quarterly. These are not hard lobby- An annual appropriation of $186 mil- 60 MSC vessels operating. The Obama ing sessions, but a chance to let congress- lion (appx. $3.1M per ship) supports administration has proposed revamping men know there are people who live, the private/public partnership to offset the program to a cash voucher system work and more importantly, vote in their the higher costs of American labor and common in Europe, instead of deliver- district who have a vested interest in operations versus a foreign flag. Funding ing U.S. produced agriculture as a “gift maritime matters. A short brief is circu- will run out in mid-August until FY2014 from the USA.” Eliminating it will have lated by Mr. Patti to both volunteers and commences October 2013. The unin- significant impacts to the U.S. agricul- congressional staff prior to the meeting and volunteers are encouraged to ask any questions they want based off the sheet. and ports open. Months were These discussions give congressmen spent working with stakehold- greater justification for bringing these ers to come up with a race issues into conversations and as a result, area that allows the deep draft the first ever maritime caucus has finally channel (and ports) to stay formed. Mr. Patti asks CAMM members open, creates an access lane for to join or form MACs in their districts. tourist boats to operate from Please contact Patti for details. ¶ Fisherman’s Wharf, and lanes for ferries and cruise ships to For more information on maritime legis- continue operations. Opening lation issues, visit www.usamaritime.org. ceremonies are July 4th with Mr. Patti's email is [email protected]. finals in September. ¶

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North American Emission Control Areas Captain Jeff Cowan CAMM member #3070-R , Office of Spill Prevention and Response, State of California

Captain Jeff Cowan, in past issues of refinery blenders are using less expen- while tran- Sidelights, wrote about low sulfur dis- sive cutter stock to reduce sulfur with a siting pilot- tillate fuel switchover requirements for 100% increase in catalytic fines (Al+Si) age waters emission control areas and frequent loss or Silica. This is essentially sand in the to make of propulsion (LOP) associated with fuel system. Some highly aromatic cut- these adjust- those switchovers. He looked at case ter stock can cause long ignition delays. ments. When studies of why they occur and methods With newer electronic injectors, engi- anchoring, ships attempt to come astern of mitigating losses. neers can delay the combustion time. at 7 knots. It can be done, but requires a The Overseas Clearmar experiment- Lube oils, to counter-act the sulfur, lot of air. Put the engine to a stop, wait ed with the switchover to distillate fuel add calcium carbonate. The calcium for the prop to stop, then apply the stern coming out of the Golden Gate in 2009 often ends up on piston crowns and bell and put to half. Get the full dose in, before the requirement. The LOP caused rings and causes scraping. Lower TBN then reduce it. When burning distillate, by human error was flipping a 3-way lube oils have less calcium. HFO leaves dead slow ahead does not work because valve; unheated LSFO infiltrated the fuel asphaltane deposits that distillate fuel of loss of BTU and RPMs. system and shut down the main and releases. Engineers are now replacing To prevent a LOP which could result auxiliary engines. Luckily, the pilot still O-rings and cleaning filters and fuel sys- in a oil spill, Captain Cowan recom- had a man on the bow who immediately tems more frequently, which takes time, mends practicing the fuel switch with dropped anchor and tugs passing nearby and leads to other tasks not completed engineers operating the main control held them out from the headlands. and fatigue. engine from the engine room, notating IMO requires 1% Low Sulfur Fuel Oil Failure to start is the most common fuel rack setting adjustments and limita- (LSFO) within 200 miles of the coast. LOP when switching fuel. The fuel rack tions. The crew should be familiar with California requires 1% Sulfur Distillate and air need to be adjusted, which can- and practice failure to start corrective Fuel Oil within 24 miles of the coast. not be done from the bridge. A senior protocols, and adhering to rest require- Effective January 1, 2014, operators must engineer must be in the engine control ments, because fatigue is a component in burn 0.1% distillate fuel within 24 miles room during switchovers and especially poor decision making. ¶ off the coast of California, then January 1, 2015, IMO mandates 0.1% sulfur distillate within 200 miles of coastlines. Seafarer Services in Oakland Ship operators may need to increase Father Joseph Phan their capacity for carrying the distillate International Maritime Center (IMC) (also known as Oakland Seaman’s Club) fuel and carry different cylinder lube Apostleship of the Seas oils; total base number (TBN) 40 and TBN 70. Father Joseph Phan explained the his- Episcopal, Catholic, Heavy Fuel Oil (HFO) at 3% sulfur and tory of seafarers’ centers in the San Lutheran, Baptist and LSFO at 1% sulfur are heated to 150°C. Francisco Bay area, beginning with an Presbyterian faiths. IMC provides free However, distillate fuel is heated to 40°C, Apostleship of the Sea (AOS) center for Wi-Fi, internet access, phone access, and causing several incompatibility issues in seamen in San Francisco and the move a small activities center weekdays 1000- the fuel systems and lines. Marine gas to Oakland with a Stella Maris center 2200. On weekends, Father Joseph visits oil (MGO) loses viscosity when heated in the 1960s. However, in 1987 when ships, provides mass and communion which causes increased wear on high the Port expanded, the Port took back services, and provides support to officers pressure fuel components. When cool- the land and destroyed the building. By and crew aboard the vessel. ing for distillate fuel, fuel pump O-rings 1992, the need for a seafarers center was Father Joseph, who joined the IMC accustomed to the 3% HFO at 150°C, urgent. The Episcopal Church led the board in 2006, is committed full time shrink and subsequently leak. charge to house an interfaith center with to the Seaman’s Club. He finds seafar- The 1% distillate now used sourced grants from the International Transport ers ministry very humble; “the invisible from the USA is good quality “cutter Workers Federation (ITF). The current ministry to invisible people.” He told the stock”, blending 3% HFO with MGO. center is a small yet comfortable por- story of one seafarer who said, “today is However, in other areas of the world, table with chaplains and volunteers from a good day. I talked to God this morning

14 Sidelights June 2013 The Council of American Master Mariners, Inc. Professional Development Conference

Integrated Ocean Observing Systems Ms. Jenifer Rhoades (IOOS®-NOAA) and Ms. Julie Thomas (SCCOOS®)

Ms. Jenifer Rhoades explained IOOS® the Nation. Observations are and their 11 Regional Associations. difficult. Satellites can only see IOOS at the federal level acts as the the surface of the oceans, so system architect providing the frame- continuous and automatic obser- work to support regional and local goals, vations from buoys, gages, and building trust by providing reliable and high frequency (HF) radars relied upon. LA/LB operations. SCCOOS® (Southern quality data, and provide products that Saltwater and bio-fouling are unkind California Coastal Ocean Observing are tailored and driven by the user com- to observing systems; gear must be fre- System, an IOOS regional association) munity. The U.S. funds 50% of the global quently cleaned and able to collect data developed a product that displays condi- ocean observing system. A key part- in all kinds of weather. tions at the entrance to LA/LB. A three- ner within NOAA is PORTS® (Physical HF radar systems measure the speed day forecast is sent to LA/LB pilots if the Oceanographic Real-time System), and direction of ocean surface currents wave period is greater than 12 seconds, which measures and disseminates obser- in near real-time and are effective even as supertankers will pitch in longer peri- vations and predictions of water levels, under cloudy or adverse conditions, od swells, and deep draft vessels run the currents, salinity, and meteorological when satellite sensors are ineffective. The risk of hitting the bottom. parameters (e.g., winds, atmospheric ability to collect accurate data on surface Ms. Thomas showed how wave direc- pressure, air and water temperatures) current direction and speed is critical tion and offshore islands can make a dif- that mariners need to navigate safely. for providing reliable information to ference in approach during an adverse The tools developed by IOOS and support navigation, pollutant tracking, weather system. Real-time data and pre- their regional associations are available search and rescue, harmful algal bloom dictions were able to route vessel traffic online and/or as apps through IOOS, monitoring, ecosystem assessment, and safely in and out of LA/LB, while five NOAA and the regional sites. has even been used to track forensic data miles away navigation was unsafe. Wave Surface waves have a profound impact and solve a murder case. directional data is within 5 degrees and navigation, safety, off-shore operations, Ms. Rhoades gave examples of local wave height 1 cm accuracy. recreation, and the economic vitality of uses and Ms. Julie Thomas followed The San Francisco buoy can be prob- up with specifics. USCG Search and lematic; it is frequently dislodged by Rescue determined over a 96-hour peri- vessels (at least 3x/year). It has been Seafarer Services in Oakland in mass, and my family back home by od, IOOS data and tools can decrease entangled with ships, knocked loose and Father Joseph Phan Skype in your center.” the search area by 66%. USCG San tracked to local beaches; Captain Dan International Maritime Center (IMC) (also known as Oakland Seaman’s Club) When Customs and Border Patrol Francisco claims that when the National Jordan had been awakened at 0400 to Apostleship of the Seas (CBP) imposes restrictions on foreign Weather Service began bar forecasts send a crew out to retrieve it at the seafarers leaving ships, Father Joseph, when the buoy was launched in 2005, Columbia River Bar, and once it made as along with volunteers, move into action incidents decreased from 130 in 2004 to far as Canada before retrieval. visiting ships in port, bringing phones, 25 in 2009. Ocean Station Papa (mid-pacific, modems, and communion services Wave heights and long period swell south of the Aleutians), sets the wave aboard. Quite often, by rules set by CBP, can prove both dangerous and costly for climate for all waves that come in from seafarers are often not allowed off the the NW on the west coast. ship in the USA if it is their first time in This year, they broke the the USA. record with largest wave at Recently, Father Joseph served as 14 meters (28 metre peak), Chaplain (AOS) aboard a cruise ship breaking the previous one in during Easter week this year sailing Westport, Wash, at 12 meters from San Francisco through the Panama since measuring began in Canal. The passengers were grateful to 1981.¶ have a priest aboard during these Holy days. He gave services every morning to Display of HF Radar observational the passengers and to crew members at data along mid-Atlantic coast midnight. ¶ during Hurricane Sandy.

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TWIC Dr. Captain John A. C. Cartner Maritime Lawyer, CAMM member #2574-R , Principal Author, The International Law of the Shipmaster

Dr. Captain John A.C. Cartner account for every possible contingency. s e c u r i t y. spoke his perception on the TWIC® Then the big LUC (Law of Unintended The prob- (Transportation Worker Identification Consequences) comes into play. LUC lem lies in Credential) — what it is, could be, has permeates everything we do. The law how it’s done. TWIC was the creation become, and where it will go — based says that if you have a very complex sys- of three congressmen who were think- on factual records, drawing common tem, whether you create one or whether ing in terms of a national identity card sense parallels on several levels. A poll it exists in reality or nature, is doomed model. The American people don’t want of hands showed no one (at least in this to fail because you cannot account for that, but the model was there. The TSA’s room) truly believes the TWIC is useful every possible thing that might occur problem lies in the definition and the for maritime security. when you apply the complex system. In understanding of the entire industry, not The TWIC was created after 9-11 in Captain Cartner’s opinion, “TWIC is an just segments or how certain segments panic by Congress. However, panic cre- exercise in LUC.” interact. Most people in the industry ates undo haste; haste creates waste. The The USCG was saddled with the don’t even have a full sense of how the unfortunate “We are at war,” brought TWIC, a TSA program. The USCG could industry works, though they understand Department of Defense (DoD) contrac- see trouble coming with the TWIC and their segment well. The TSA oversees a tors to the table (who got the pot of didn’t rush to sign on. The USCG has program similar to TWIC in the chemi- money), and over-defined the problem. done vessel and port security extraordi- cal industry, with similar failures. The TWIC problem is really simple. narily well for many years with Z-cards. “TWIC is worse than a failure,” says We want to keep track of people in the The inability of the TSA to understand Captain Cartner. Money will be the limit industry: in and out of ports, on and off that and add another layer on top of that to the TWIC system; it will limp along ships, and so forth. Many industries and is a failure. until the money gets cut off. The TWIC companies track employees successfully. The problem with TWIC is more has too many built-in problems. Captain But when you over-define the problem, political than real. No one disputes the Cartner suggests scrapping TWIC and you create a complex system trying to notion there must be port and vessel start with something that makes sense. ¶

Maritime Labor Convention 2006 MLC 2006 I O Dr. Captain John A. C. Cartner Member Discussion Notes L MLC 2006 is the law and companies MLC 2006 will have it up to weekly inspections or the Chief must comply. Europeans are auditing many implications to each Master exer- Mate. The Master must hold crewmem- work hours; it will be interesting to see cising command authority on any large bers accountable for their involvement. how the USCG enforces the law. Often vessel. It is the fourth cornerstone of It is the Master’s right and duty to rest and work logs do not match. We’ve conventional law along with SOLAS, check the credentials of crewmen; get been talking about the need for rest as MARPOL and STCW and just as impor- any crewmember off the ship if anything companies reduce manning. The para- tant to Port State Control inspections. looks suspect, because if the cerwmem- dox is that we’re all personal experts at The Master is named by position 38 ber fails, it will bite you as a Master. fatigue management and have all bro- times (highly unusual in conventional When in a situation that calls for more ken rules or we would not be here as law) as the responsible entity with both manpower to keep your vessel out of an Masters. As long as companies aren’t expressed duties (must do) and strongly accident or major incident, then you can going to put more men on ships, and implied duties (ought to do). waive some requirements, but it must be until safe manning certifications are MLC 2006 grants basic rights most documented. expanded, it will continue. Let’s identify Americans take for granted: nutrition, All active Masters must read the docu- the countries and industries with suc- rest, wages, medical care, overtime, and ment in its entirety, found on the ILO cessful implementation of fatigue man- cooperative ways of dealing with fami- website. A book is also coming out in agement and mimic them. It is critical lies. The Master must be involved and August, which Captain Cartner wrote the CAMM remains involved with IFSMA track all of these things and cannot leave chapter on command implications. ¶ to resolve these issues internationally. ¶

16 Sidelights June 2013 The Council of American Master Mariners, Inc. At the Annual General Meeting

National Officers’ Reports National President the American Pilots Association membership. Captain R.J. Klein’s State of (APA) Conference in Washington, In the 1960s, shipping compa- CAMM Address is the first portion D.C. last fall. One issue of large nies in lower Manhattan moved of this issue’s View from the Bridge, impact comes from the cruise ship out; containers to New Jersey, and found on page 5. industry’s focus on shore based bulk to southern Connecticut. navigation. Starting in SE Alaska, The Connecticut Maritime First Vice President, and eventually all over the globe, Association (CMA) formed, and Government Relations companies are asking pilots to in March each year, hold a 4-day Captain Joe Hartnett provide track lines to the ship shipping conference with attend- Capt. R.J. Klein The three major maritime top- companies before they enter into ees from around the globe. At ics of concern in D.C. currently port, so they can plot them in this conference, many sub-groups are the Food for Peace program, their office, and if the ship devi- meet, and I think it could be a Maritime Security Program and ates from that track line, the sat good opportunity for CAMM to Jones Act, which Mr. Jim Patti phone rings from the office. The hold a meeting within this confer- explained in yesterday’s PDC. I Costa Concordia incident is the ence, present ourselves in a good urge CAMM to get our name on driving factor behind this push. light, since much of the industry board and assist USA Maritime Pilots are very much opposed. has not seen a meeting of ship- Capt. Joe Hartnett and pro-maritime lobbyists any masters. CMA is receptive to the way possible. Maritime TV (www. North Atlantic VP idea and I will continue to pursue maritimetv.com) interviewed Captain Frank Zabrocky it as an option. union and industry leaders who The New York chapter has a explained the background, along pulse. Since the last annual meet- South Atlantic VP with effects and consequences of ing in Seattle, I received three calls Captain Jerry Benyo these programs very well. from volunteers willing to restart Captain Ted Jednaszewski, The most effective results for the chapter. First from Captain Tampa Bay Pilot, reports the Capt. Dan Jordan change come from contacting Ed Gras who is enthusiastic and cruise industry is still considering Congressmen while they are in eager to help, but lives in Florida putting in a new cruise termi- their home offices. With full agen- six months out of the year. Then nal west of the Sunshine Skyway das, they are hard to reach when Captain George Sandberg, who Bridge to accommodate the larger they are in D.C. We lost many recently retired, and is also the NE cruise vessels. The Port of Tampa maritime friendly congressmen in USA representative for Nautical is worried about losing work. the last elections; we need to iden- Institute (NI). I believe Captain Everything continues to click in tify those freshman congressman Sandberg can provide great syn- Tampa; the chapter is working Capt. Frank Zabrocky who are maritime friendly and ergy with CAMM and the NI, great with regular meeting featur- express to them our concerns. starting with the May 2 NI meeting a 50/50 raffle drawing, where The Congressional Maritime ing in Boston, as advertised in the proceeds are often donated to the Sail-In will take place in a few previous issue of Sidelights. He Wounded Warriors Fund. weeks, where people through- stepped up to lead this endeav- out the community walk con- or as President. Next, Captain Gulf VP gressional halls to educate con- Carl Winter, a sea-going cable Captain Bob Phillips sends gress on the importance of the ship master out of New Jersey regrets he was not available to Capt. Jerry Benyo Merchant Marine. Also, on May volunteered as the chapter Vice attend. 8th, the Propeller Club will Honor President. Considering the New Congressman Elijah E. Cummings York CAMM region extends from South Pacific VP in Salute to Congress for his sup- the Canadian border to Delaware, Captain Klaus Niem port of our industry. I expect Captain Sandberg will My efforts to establish a CAMM move the meetings around, and chapter in Hawaii has proven Second Vice President, will likely not operate on a regular unsuccessful with little to no inter- Pilot Relations monthly schedule. I expect great est from Masters on the Islands. Capt. Klaus Niem Captain Dan Jordan things and the chapter will be Next month, I will attend local As part of my role as Pilot something CAMM will be proud high school job fairs, as I have Liaison for CAMM, I attended of. Now we need to muster the Continued on next page >>>

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VPs >>>Cont’d from page 17 North Pacific VP National Secretary/ in previous years, and explain Captain Carl Johannes sends Treasurer jobs available to young men and regrets and was not available to Captain David H. Williams women in the maritime industry. attend. Captain Williams report is pub- My efforts in the past have proven lished on page 6 in his regular successful with some attending column. ¶ maritime academies or receiving seamen’s papers. Chapter Officers’ Reports

New York try to help whenever and wher- Los Angeles / Unable to send representation. ever we can. Seafarer access is a Long Beach concern to us; access depends on Captain Dave Boatner, Baltimore/ the terminal and the company’s Chapter President Washington D.C. willingness to pay for the tempo- We’re a small chapter and meet Captain Joe Hartnett, rary visa for foreign seafarers to 2nd Tuesday of each month at Capt. David Williams Chapter President leave the ship. the hotel we had the CAMM- The chapter’s goal is to par- IFSMA Conference several years ticipate in as many maritime Norfolk ago. We have six consistent mem- functions in D.C. and Baltimore Inactive chapter. bers and concerned about no new as possible to promote CAMM members; everyone’s moved out and recruit new members. We Port Everglades / Miami into the suburbs from San Pedro. appreciated the ad in MM&P’s Not represented. CAMM is sad- Our chapter discussed Captain Master, Mate & Pilot publication dened to report the passing of this Klein’s suggestion that we focus Capt. Dave Boatner recruiting CAMM membership chapter’s president, Captain David on a certain set of views and posi- and Captain Frank Zabrocky’s Goff, less than one month before tions; our three most of concern efforts in the NE. We’ve recruited the meetings. were criminalization of shipmas- a docking master in Philadelphia ter, task-based manning, and of and another master in Norfolk in Tampa Bay course, Jones Act-PL480 is highly our attempt to develop the mid- Captain David Williams, important. Atlantic region. Chapter President We have had many discus- Participation in local events The Tampa chapter has 45 sions about what’s going to attract Ms. Lyn McClelland have paid off; CAMM is now members and holding, with new members; we feel the only becoming well-known with mem- mostly retired guys running into way to attract serving officers is bers of the Propeller Club and those problems retired guys run to become more involved with Kings Point Alumni chapters in in to. We hold regular meetings IFSMA and regulatory authori- both Baltimore and D.C. Our from October through June, with ties in Washington, D.C. and at CAMM chapter sponsored a hole a well-attended annual brunch at state levels, and provide a method at a charity golf tournament. Our Mimi’s and a Christmas Party. of genuine membership via the next event is a maritime career fair Finances are solid. internet. The chapter based model Capt. Tom Bradley and expo aboard the NS Savannah may not work anymore. I really as part of Maritime Day celebra- Mobile Bay applaud the efforts of members tions. We will man a table with Unable to send representation. on the East coast for being so suc- our banner and brochures and cessful. We are not and we’d like to tables. New Orleans see more of that. We’d really like The Chapter continues to sup- Unable to send representation. to what would make the serving port Maritime Academy High for shipmaster join this organization. underprivileged teens and the two Houston Even if they can’t make the meet- local seafarers’ centers with ser- Chapter President Captain ings, if it seems valuable to them, vice and monetary donations. We Michael Mc Cright sends regrets. they will join. I propose to redefine some of the special membership groups;

18 Sidelights June 2013 The Council of American Master Mariners, Inc. we seem to have a hole we need to fix. Astoria, Ore. Andy Subcleff especially enjoyed feeling You can be a cadet member, but then fall the steel of her bridge during the tour. off the radar as an unlimited 3rd or 2nd Seattle / Pacific Northwest CAMM Seattle Chapter member and mate; and unlimited chief mates unless Ms. Lyn McClelland, WWII veteran, Captain Andy Subcleff, they have a 16 GRT license. I would put Chapter Representative represented the Maritime Masonic forward an idea that surely someone The Seattle Chapter had a fun, exciting Lodge and the U.S. Merchant Marine in who hasn’t commanded a foreign voyage and productive year. the local Greenwood parade as part of on vessels shouldn’t be a regular mem- The Chapter supported the Youth the region’s Seafair celebrations. ber, but the special membership should Maritime Training Association (YMTA), Captain Kevin Coulombe, Seagoing be broadened a bit so we can keep dedicated to encouraging schools to Vice President, spoke at the August people from their cadet days through offer maritime curriculum for grades meeting about his latest voyages aboard third mate, second mate, chief mate, and K-12. The chapter’s fall golf tournament the MV Maersk Wyoming. He made two finally regular membership as a Master. raised $8,500 to support YMTA; $5,000 trips on the USA East Coast - Western of which went to the Norm Manly YMTA Asia trade, which added up to 110 days San Francisco Bay Area Scholarship in CAMM Seattle’s name. and included 4 transits of the Suez Canal Captain Klaus Niem, The Seattle Chapter hosted the CAMM and a special shipyard visit to Bahrain for Chapter President National PDC and AGM on May 10-12, application of new bottom paint. Kevin The chapter continues to award a having last hosted the event in 2004. The explained how making some fuel burn pair of binoculars to the graduate with theme was the Northwest Passage, focus- adjustments allowed him to increase the the highest GPA. Unfortunately, I was ing on international collaboration in this cargo lifting out of New York. unable to attend the ceremony to present region of the world. In October we honored Captain Norm it to the 2013 recipient, Matthew Bennet. Captain Beverly Havlik, Commanding Werner as our Maritime Person of the A past member, Captain Hal Robinson, Officer of USCG icebreaker Healy Year. Captain Werner served for 22 years cross’d the final bar and bequeathed (homeport Seattle), made quite an impact as a Panama Canal Pilot and as President a $25,000 scholarship to California while sharing her adventures aboard of the organization during the transition Maritime Academy, and $2500 to our the Healy as the ship worked with the of the Canal to Panama. After leaving the local CAMM chapter. We will discuss Canadian Coast Guard’s Heavy Arctic Canal Zone, he served for six years as a spending the money for a good cause. Icebreaker, CCGS Louis S. St-Laurent, and Grays Harbor Pilot, and then another 12 then, last January and February, when years as a Puget Sound Pilot. Columbia River she assisted the Russian tanker Renda At the November meeting the chapter Captain Dan Jordan, with an emergency fuel resupply trip to celebrated H.R. 23, the legislation which Chapter Vice President Nome, Alaska. provided a Belated Thank You to the The Columbia River Chapter has 22 Our July Chapter meeting featured a Merchant Mariners of WWII. Our Gala members, 14 of which are Columbia special tour of the USCGC Healy, cour- Christmas luncheon also honored our River Bar Pilots. We meet the 2nd Friday tesy of Captain Bev Havlik. It was a great WWII veteran members and provided of every month in Vancouver, Wash, turnout, and WWII veteran mariners good fellowship and warm wishes for the except twice a year when we meet in Captain Peter Chelemedos and Captain holiday season. ¶ Committee Reports Finance The finance committee put together the now. Do we want to get into more fund- Captain Dave Williams, Chair 2013 budget back in November 2012, raising? Our cash raffle is our only fun- [Summarized] and thus far, real numbers have turned draiser. We won’t be able to keep a nega- The CAMM fiscal year follows the cal- out better than expected, thought they tive annual cash flow for much longer. endar year, January 1 through December don’t put us ahead. Annual budget is 31. Captain David Williams displayed negative $7,607, and draws from money Sidelights 2012 actual numbers for each budget line in the bank at the beginning of the year. Captain Tom Bradley, Chair in both income and expenses. (Details Most of CAMM’s assets are cash in the [Summarized] are in the Secretary’s report on page 8 bank. In order to obtain advertisers, and in Sidelights February 2013.) He If you notice, we are still not gaining Sidelights must commit to printing for then moved on to 2013, using real num- anything, but the question is, what is it the entire year. Sidelights need advertis- bers for the first quarter and projected we want to do with our resources? At ers to support funding, and Captain Tom numbers for the remainder of 2013, to this moment we’re locked into doing Bradley needs help in obtaining adver- illustrate monthly cash flow for the year. nothing more than what we are doing Continued on next page >>>

The Council of American Master Mariners, Inc. June 2013 Sidelights 19 ANC FR IS N Y ARE C A A O A B S At the C Annual General Meeting A C M D M P AGM &

Committees >>>Cont’d from page 19 ests in purchasing cruises, books, and National President as well. The database tisers. Sidelights must be revenue neutral nautical artifacts and the income to do can store two sets of address with dates to continue; efforts this year include low- so. He compared advertising numbers for snowbirds, which greatly reduces ering the printing costs with a different with a few other maritime magazines. dead letter costs, and as part of the data printer, bringing Sidelights from a $4,600 All Sidelights needs is five or six more sheet sent out with dues invoices, mem- deficit to just under $1,000 deficit. All advertisers to become revenue neutral. bers can check their preferred method advertising invoices for 2013 have been The survey also showed many CAMM to receive Sidelights (email vs. print), sent out; some have been returned, oth- members feel Sidelights is necessary greatly reducing waste. Rosters based on ers are still coming in. and should not be scaled back. Once chapters and zip codes are available to Captain Tom Bradley asked members Sidelights becomes revenue neutral, CAMM members, and to those looking to sell subscriptions of Sidelights for $22 CAMM will have more funds available to re-establish chapters. annually, which barely covers the costs of to focus on sending representatives to Captain Bradley reminds members printing and mailing, as an effort to help key meetings to accomplish some of that CAMM group emails exist: “bog@ offset costs and increase readership. He the goals and make headway on target mastermariner.org” will send an email also asked members present to submit positions. to all CAMM’s Board of Governors, articles, and to ask their colleagues to “[email protected]” emails do so as well, and encouraged letters to Website the Sidelights committee (used for sub- the editor. Captain Tom Bradley, Chair missions), and “positions@mastermari- Back to advertising issues, Captain [Summarized] ner.org” emails those on the positions Klein chimed in that three years ago, The website continues to make small committee. Captains Cal Hunziker and Bradley changes and updates. Captain Bradley Captain Bradley encourages all mem- asked all chapters to obtain one ad each proposed selling more ads for the web- bers with ideas, no matter how screwy for Sidelights, which has not come to site, which he estimates can bring in they seem (because sometimes those fruition. He emphasized this is not a $5,000 for the year, maybe more. Revenue work the best), to send them his way one-man job, and the commitment to will be invested updating the website and and he’ll see what he can do. Also, if follow up with potential advertisers must improving usability functions. members see any errors on the website, be there. They showed the ad rate sheet, Captain Bradley displayed on screen please let the website committee (web- which is available on CAMM’s website. some of the features of CAMM’s MAS [email protected]) know so Captain Klein segued into the survey (Membership Administration System), those errors can be corrected. ¶ results from CAMM members, which used mostly by Secretary Captain Dave showed CAMM members have inter- Williams, but also accessible to the Old Business New Business Review of Current Positions Target Positions organization and USA Maritime, and Of the 25 positions from last year’s When CAMM President Captain Dick Captain Joe Hartnett, CAMM First VP/ AGM, four were continued without Klein took the helm of the organiza- Government Relations, who spoke of the amendment; 14 were amended; five were tion he immediately committed to assur- legislative process and the need to work returned to the Positions Committee as ing that our Views and Positions have with our Congressional representatives. Views, pending further rewording or real, positive impact on the maritime Their insights galvanized the member- clarification; two were combined with industry. The Positions Committee has ship at the AGM to commit to take a other Positions; and one (Seafarers’ responded by identifying relevant statu- more active role in moving our positions Biometric Cards) was discontinued tory/regulatory authorities for each posi- forward. because of technical difficulties current- tion and developing strategies through The collective votes of those who ly experienced with the TWIC Program. which we align our positions with other could and could not attend the AGM CAMM now holds 23 active Positions, organizations who share our concerns, produced a priority list on which action which can be found on CAMM’s website. to accomplish a mutual objective. is to be taken in the current year. They ¶ Excellent presentations were made are, in descending order: at the Professional Development 1) 2004-01 Criminalization of Ship Conference by Captain/Doctor John Masters Cartner, who updated us on the TWIC 2) 2012-04 Jones Act card, Jim Patti of MIRAID, who dis- 3) 2007-06 Seaman’s Manslaughter cussed issues of major importance to his Act

20 Sidelights June 2013 The Council of American Master Mariners, Inc. 4) 2004-02 Ports of Refuge and hardship. two (2) year Medical Certificate would 5) 2011-03 Recognition of Foreign — Regulatory Burden on Ship be added to the MMC. Said Medical Licenses, STCW Certificates, Masters (2013-02) Certificate would be in compliance with Endorsements on U.S. Vessels SUPPORT appeals to the International MLC 2006, Regulation 1.2. For each of these target positions, the Maritime Organization to review and The ILO-MLC 2006, Standard A1.2 committee asks for members’ help in reduce the regulatory burden imposed – Medical Certificate, follows the gen- identifying allies, opponents, legislation, on vessel masters. eral concept currently used in the United decision-making bodies, strategies, and — Development of a Polar Code States by the FMCSA and FAA in their a champion (volunteer) to oversee the (2013-03) medical evaluation programs/systems. implementation of actions by CAMM in SUPPORT the development and While this is not one of the priority our goals to affecting change. implementation of a Polar Code by IMO. positions, an invitation for public com- — Food for Peace Program (2013-04) ment from the Coast Guard to close May Views SUPPORT the efforts of USA 2 required immediate action by CAMM. Nine Views were offered for consid- Maritime to prevent changes in the Food The Notice of Proposed Rule Making eration, several as a result of discussions for Peace Program, proposed in the (NPRM) USCG Docket Number 2013- held during the PDC. 5 Views moved to Administration’s FY2014 Budget, from 0089 included the following: Positions; 2 continue as Views (requir- its current requirement that food pur- “Section 718 of the Coast Guard ing further discussion before voting to chased under that program be grown in Authorization Act of 2012 directed declare them Positions) and one was the United States of America and trans- the Commandant of the Coast Guard discontinued. ported in Congressionally prescribed to submit to Congress an assess- Emergency Response Infrastructure percentages on U.S. Flag ships, to a cash ment of the Coast Guard National for Arctic Shipping (View 03-2013), rec- donation program through which recipi- Maritime Center’s merchant mariner ommends that IMO require that emer- ent countries may purchase food from medical evaluation program and gency response infrastructure for Arctic anywhere in the world, with no cargo alternatives to the program. Congress shipping be established by nations bor- preference provision. specifically asked the Coast Guard to dering Arctic shipping routes, but sup- — Increase in USF Requirement include an analysis of how a system ported financially by a toll and/or tax on under Food for Peace Program similar to the Federal Motor Carrier ships transiting Arctic routes. This View (2013-05) Safety Administration’s National was continued for further discussion. SUPPORT USA Maritime’s position Registry of Certified Medical New Maritime Administrator that the percentage of PL 480 cargoes Examiners program, and the Federal Requirements (View 03-2013) recom- which must be required to move on U.S. Aviation Administration’s Designated mends to President Obama and the new Flag ships be restored to 75%. Further Aviation Medical Examiners pro- Secretary of Transportation that a new SUPPORT efforts to legislate a meaning- gram, could be applied by the Coast Maritime Administrator be appointed, ful penalty for failure to ship on U.S. Flag Guard in making medical fitness who must have a working knowledge vessels, at the required percentage. determinations for issuance of mer- of the U.S. Merchant Marine and a well chant mariners’ documents.” documented background in the US ship- Actions Affecting Positions President Captain Klein submitted ping industry. This View was discontin- In 2011, CAMM opposed the current CAMM’s comments asking them to con- ued because patronage appointments are USCG Physical Guidelines for Merchant ceded their current system does not work made at the pleasure of the President. Mariners because the guidelines were and to implement guidelines set forth unclear. The position was amended as in MLC 2006 Regulation 1.2. Captain Positions adopted 2013 follows: Klein’s letter is posted on CAMM's web- — Flag State Responsibilities in SUPPORT the International Labor site under Press Releases. Incidents of Piracy (2013-01) Organization, Maritime Labour Members at the AGM also vote for RECOMMEND that the International Convention 2006 (ILO-MLC 2006), Captain Klein to send a letter on behalf Maritime Organization create a reg- Regulation 1.2 – Medical Certificate. of CAMM to Congressman Cummings ulation holding the flag state of any Adoption of ILO-MLC 2006, expressing our support in his efforts to merchant vessel held captive by pirates Regulation 1.2 Medical Certificate would protect the Jones Act and support for politically and financially responsible oblige the USCG to remove the medical H.R. 1678 which reinstates cargo prefer- for patrolling the pirate zone, freeing fitness requirements from the certifi- ence to 75%. the crew, releasing the vessel from the cate of professional competency cur- Please see CAMM’s website for the control of the pirates and compensating rently required in the Merchant Marine complete list of current positions and the crew and their families for lost wages Credential (MMC). An independent views. ¶

The Council of American Master Mariners, Inc. June 2013 Sidelights 21 ANC FR IS N Y ARE C A A O A B S At the C Gala Dinner A C M D M P AGM &

Keynote Speaker Rear Admiral Thomas A. Cropper President, California Maritime Academy After a generous introduction by an absolute necessity to the future of Captain R.J. Klein, Rear Admiral Thomas this country. He gave some statistics Cropper welcomed Captain Greg Stump, on exports and economy in California, in attendance, in his return as Captain showing the majority is by ship, tethered of the Port, Sector San Francisco. He to sea lanes. then recognized and thanked the true Many positive attributes were born veterans in the audience: the spouses with maritime influences. Rear Admiral of Master mariners, drawing a round Cropper posed mariners must be of applause. He also thanked the San viewed as practitioners of a profession, Francisco Bay Area CAMM Chapter as opposed to members of a vocation. Leadership and personal accountability and local mariners for their loyalty and We must advance to the next level and are the timeless attributes and the most support of Cal Maritime. He admitted embody the finest characteristics of the significant contribution the academies to being a little intimidated by the crowd profession. Autonomy embraces self- can make. – the best of the best in the merchant judgement, self-ethics and procedures. The good news, Rear Admiral Cropper marine. It is time for the industry to adopt a set said, is that they are on the right trajec- Rear Admiral Cropper acknowledged of more active peer review that moves tory and the keel is laid. The academies, CAMM’s common interest with the aspects of enforcement from the govern- working with industry, provide a contin- seven state-operated maritime acad- ment to the keepers of enforcement, the uum of personalized leadership develop- emies across the country to promote mariners. ment that will prepare graduates to join a effective seamanship. He noted CAMM’s The U.S. Flag fleet has decreased from nucleus of leadership challenges. efforts to help mariners express maritime over 1,000 vessels in 1953 to just under The bottom line is that the course issues and cultivate a sense of common 250 today. Larger, more complex vessels needs to change and transforming the purpose among the American Fleet. operate with fewer crew. It is clear that identity of mariners requires a great deal Rear Admiral Cropper raised the every facet of the industry craves high of heavy lifting by the industry. ¶ question, “is the merchant marine still quality deck personnel with integrity, relevant?” and if so, what measures can discipline, interpersonal skills, critical be taken to enhance its effectiveness? thinking skills, all while getting the The industry must get these answers job done. Academies producing third right, and define the guiding principles mates are missing the mark and must for change. Choices must be made with make a change to develop young mari- clear intent. With massive and persistent ners with exquisite leadership skills. education by the industry, the American public will quickly realize the American merchant marine are Captain Joe Hartnett, Rear Admiral Thomas Cropper, Captain Cal Hunziker

Rear Admiral Cropper, Captain Dan Jordan Captain Frank Zabrocky, Captain Tom Rear Admiral Cropper, Captain R.J. Klein Bradley, Rear Admiral Thomas Cropper

22 Sidelights June 2013 The Council of American Master Mariners, Inc. Captain R.J. Klein, Captain Cal Hunziker Captain and Mrs. Greg Stump, Ms. Lyn McClelland Captain Klaus Niem

Captain Pat Moloney, Captain Paul Hanley Captain and Mrs. Jeremy Hope Captain Jeffrey and Mary Wells

Captain Wayne Farthing

Captain Harry Bolton (Master TS Golden Bear/Cal Maritime), Captain Jeremy Hope, Captain Dave Boatner Captain Frank Zabrocky, Captain Pat Moloney

Mrs. Lyn Klein; Captain Dave and Earlene Williams Ms. Patricia Trieb and Captain Jerry Benyo

RaFfle

1st Prize: $750 Captain Charlotte Valentine #2867-R of Port Charlotte, Fla. 2ND Prize: $450 Captain Roger Hall, #3276-R of Marriottsville, Md. 3rd Prize: $150 Captain Daniel Mac Elrevey, #1437-R of Cape May, NJ. Captains R.J. Klein, Harry Bolton, Dan Jordan

The Council of American Master Mariners, Inc. June 2013 Sidelights 23 In the Industry

Southern California Coastal Ocean Observing System (SCCOOS) and the Leveraged Products Made Available For The Maritime Community

The U.S. and CeNCOOS bring together coastal promote public safety and the respon- Integrated observations to provide information sible use and enjoyments of our coastal Ocean necessary to address issues in climate resources. The majority of the funding Observing change, ecosystem preservation and for the CDIP is provided by the United System management, water quality, marine States Army Corps of Engineers and the (IOOS®) operations, coastal hazards and national California Department of Boating and delivers the security. Waterways. by Danielle Williams coastal data Scripps Institution of and informa- SCCOOS Leveraged Assets Oceanography tion needed to Surface currents, waves, and wind SCCOOS - Program improve safe- data are observed and forecasted on the Coordinator ty, enhance SCCOOS website. These integrated data the economy, and protect the environ- products combining location, surface ment as the U.S. contribution to Global currents, wave height, wave speed, and Ocean Observing System® (GOOS). The wind speed assist in a variety of marine coastal component includes 17 federal operations. agencies, 11 regional associations, and other consortia. At this time, the pri- High Frequency Radar (HFR) The Southern California Bight (SCB), SCCOOS’s observational area. mary funding agency is the National Derived Surface Currents Oceanic Atmospheric Administration. There’s a nationwide network of Winds HFR stations managed by the Coastal Weather Research & Forecasting Regional Observing Research and Development model (WRF) wind forecasts are provid- California has two ocean observing Center (www.cordc.ucsd.edu). ed by UCLA Department of Atmospheric systems, SCCOOS® (Southern California California’s 54 land-based stations track & Oceanic Sciences, Climate Sensitivity Coastal Ocean Observing System: www. past and near-real time movement of our Lounge and displayed on the SCCOOS sccoos.org) and CeNCOOS® (Central coastal waters. The transmitted energy website. 48 hour forecasts of wind direc- and Northern Coastal Ocean Observing is comparable to a household light bulb. tion and speed are available in 3 hour System - www.cencoos.org). SCCOOS increments. Waves Recent and histori- How You Can Access This cal coastal conditions, Information wave models, and fore- SCCOOS is dedicated to managing casts data are managed data as an “end-to-end” coastal ocean by the Coastal Data and observing system so it can be archived Information Program and available for dissemination for a - CDIP (www.cdip. variety of ways in a variety of formats. uscd.edu), and serves Our goals are to include interoperability, as a powerful tool for open access, discovery, sustained opera- addressing safe and effi- tions, and effective user feedback. cient maritime operations since 1975. The Maritime Trades and latest measurements are Commerce IOOS’s partnership provides data and information to improve our distributed to thousands SCCOOS hosts a customized web- understanding and management of our oceans, coasts, and Great Lakes. of users every hour to site was designed for Long Beach/Los

24 Sidelights June 2013 The Council of American Master Mariners, Inc. Angeles (LB/LA) Harbor entrances to ing as the world’s leading gateway for (i.e. lightering). provide critical marine conditions nec- US-Asia trade. The largest challenge for HFR derived surface current data are essary for the safe passage inbound and the ports are to assure that all com- used in the Office of Spill Preventions and outbound. The site is used for either mercial traffic, including cargo, fishing, Response (OSPR)/NOAA spill response near real-time decisions, or for planning harbor pilots, and recreational boaters training exercises, the General NOAA transit to and from Oil Modeling Environment (GNOME) the harbor safely. software for oil spill response. The cost to hold off a vessel offshore Search and Rescue is approximately Operations $200,000 per day; The U.S. Coast Guard, Navy, and therefore SCCOOS Marines require updated information sends automated on sea conditions for coastal flights, messages to Long target recovery and presentation, small Beach pilots when boat transfer, and Search and Rescue conditions may prove (SAR) mitigation. HFR derived surface hazardous. A 3-day current data are used in USCG Search forecast is sent to LA/ LB pilots when the wave period is greater than 12 seconds. This is important for supertankers as they The SCCOOS harbors product integrates wave data; HFR derived surface will start to pitch in currents, winds, meteorological data, sea surface temperature, tides, longer period swells. nautical charts, and shipping/ferry routes. www.sccoos.org/data/harbors/ Under keel clearance lalb is a concern for these purposes. deep draft vessels. Maritime transportation plays a major role in California’s economy and nation- Oil Spill Response and Recovery May 9, 2013 USCG rescues a sailboat after it allided al defense program. When combined, with San Clemente Island; the arrows are the surface the Port of Long Beach (LB) and the Port Oil spills and ocean pollutants can current direction. of Los Angeles (LA) are the 5th busi- have negative impact on wildlife, public est ports in the world. Together these health, and the local economy. Tracking and Rescue Optimal Planning System ports have the competitive edge with the pollution along the ocean’s surface is (SAROPS). record setting cargo operations, serv- essential to managing and protecting coastal waters. Summary As oil tankers increase in size and Technologies and observations com- draft it has become impossible to go into bined with online data delivery are port to offload. Therefore, smaller oil transforming management of our coastal tankers with the appropriate draft clear- and ocean resources to ensure a safe and ance will meet the ships and transfer oil healthy environment for current and future generations. These efforts illustrate the functional application of inte- grating regional assets, and the value of leveraging existing observations, models, and data management to develop useful products that contribute to maritime transport and commerce. The regional component if IOOS is supported by link- Above: Present day lightering operations ing observations, data management, and Left: An example of SCCOOS automated messages sent to Jacobsen pilots, a company modeling to provide needed data and that specializes in pilot transfers. information to regional stakeholders. ¶

The Council of American Master Mariners, Inc. June 2013 Sidelights 25 In the Membership

Peter, the Odyssey of a Merchant Mariner Chapter 16: Cape Decision September 1942 - February 1943

(WSA) recruiting and manning office We started aboard the ship and were in San Francisco billeted me at the Sir met at the gangway by an official-look- Francis Drake Hotel. ing personage wearing the uniform of a One evening I was in the nightclub Merchant Marine Cadet. He introduced on the top floor and heard a commo- himself as Harry Shafter, who, with his tion at the door. It turned out an air partner “Tiny,” would be with us this force officer wearing the gold leaves of a trip. Mr. Murray and I were in civilian major wanted to enter with two gorgeous clothes. We didn’t introduce ourselves blonds. The maitre d’ wouldn’t let him in but, when he told us the captain was not by Captain News items because he couldn’t prove he was over aboard just yet, we asked him to show us, Peter Chelemedos of the day — twenty-one. The major’s bluster while a couple of landlubbers from the WSA #1671-R November trying to impress his friends and show office, around the new ship. He did. 1942; General Eisenhower and his “authority” came to naught. Many The age-old way of indoctrinating a American troops land in Algiers and of us were secretly pleased with the out- newcomer to a profession calls for a bit Morocco. come as he left. of “hazing” or other form of trickery. Mr. November 19: American 32nd The WSA sent me to the New Orleans Shafter seemed to be a perfect foil, so we Division attack Japanese at Buna, office for assignment. let him take us from the crow’s nest to the New Guinea. The train trip to New Orleans was bilges, answering all our questions from November 23 to December 5: uneventful. I arrived in that fair city on a little notebook he had compiled and Australians take over Kokoda, New a Tuesday morning about nine o’clock. I adding new things we asked him about. Guinea. checked in at the WSA office and got a Anyway, he was pretty well acquainted In September, when I left the school room at the St. Charles Hotel. Then I set with the ship by the time we finished our at New London, I rode the train to New out to see the town and meet its people. inspection tour. Then he showed us to York. I stood on the platform at the end It looked a bit different from this view the captain’s cabin and we met Captain of the coach, watching the passing scen- than it had in 1938 when I had ridden H.E. Sorensen for the first time. ery — a proud new ensign in the U.S. in on a freight train and walked across Captain Sorensen, when I told him Maritime Service posed to show off the the Huey Long Bridge and down to the this would be my first trip as Third Mate, new gold stripe on my sleeve. A young Louisville & Nashville railroad yards to said, “I hope you’re not like all third boy came up to me as I stood there and hop a freight on eastward. mates and get married first thing now asked in a plaintive voice, “Where is your The next morning I was up at the that you have your license.” cart, mister? Don’t you have any more ice Master Mates and Pilots Union hall to Mr. Murray and I came around the cream?” register and look for a ship. I was dis- ship from day to day, looking over this I stopped off in Silvis, Illinois, and patched to Beaumont, Texas, to join the and that, and in a roundabout way get- Davenport, Iowa, on my way to San MS Cape Decision as Third Mate. I met ting this cadet, Shafter, and his partner, Francisco. Upon reaching San Francisco, the second mate, Mr. Murray (also from Tiny, to work cataloging charts and ship’s I made the rounds, my new Third Mate’s San Francisco), on the train. We went to stores while we supervised as “shore rep- ticket in hand, of the San Francisco dis- the Pennsylvania shipyard together to resentatives.” Consequently, most of the patch halls of the Master’s, Mates and find the ship. The ship was one of the ship’s paperwork was in shape for us by Pilots Union as well as the Maritime new C-1 types being mass produced for the time the stevedores finished loading Service dispatch office to seek a berth in the war effort by this shipyard as well as our cargo of rice and beans to sail for the Pacific. I figured it would be warm- other yards around the nation. It was a Puerto Rico. We casually mentioned to ner sailing there, and there wouldn’t be so brand new ship and, compared to the Cadet Shafter that we had heard rumors many submarines as the North Atlantic World War I rust-buckets we had sailed up in the office that they were having held. The War Shipping Administration on in the past, a floating palace. trouble filling the Third Mate’s berth

26 Sidelights June 2013 The Council of American Master Mariners, Inc. and, if he did good work, we would be be ready any time they’re needed.” in a position to recommend him for a By the time Mr. Shafter returned to waiver to fill that berth himself. the bridge, he was just in time to watch He took us at our word, and made us change course around the buoy and every effort to work diligently at the head on down the next leg of the chan- tasks we found for him to do. When it nel. In the water. Then, for some reason, came time to sail, he stepped aside for us he stopped speaking to me altogether for to go down the gangplank, but we then a few days. introduced ourselves as the new second We reached Ponce, and proceeded to and third mates. He was silent for a few discharge the balance of our cargo, then days. shifted down the coast to Guanica for a We sailed on to Guantanamo and San cargo of rum and sugar. We sailed out Juan, Puerto Rico. We started to dis- of the tropic warmth of Puerto Rico to charge our cargo there, but at daybreak arrive in New York Harbor on Christmas the next day, we were ordered to pro- Day. Captain Sorensen went ashore from ceed around the east end of the island to the anchorage to get docking orders. Ponce, on the south coast. Cadet Shafter, meanwhile, was on the As the morning watch went on, we bridge looking through binoculars at his sailed into the reef-filled waters east of family’s home in Bay Ridge, Brooklyn. Puerto Rico. He was overjoyed at the prospect of At one point, the course headed spending the holidays at home. The directly for the next island east. The captain returned to the ship with orders Third Mate, MS Cape Decision, Beaumont, Texas, November 1942. channel ran very close to the coast at to sail to Charleston, South Carolina, to that point. Cadet Shafter was watching discharge our cargo. Was a sight that caught my eye. from the side of the wheel platform, News for January 1943 included — She was alone and I was alone getting more and more worried as we January 3: Entire Buna area of New And I heard her softly sigh. approached within a mile of the land at Guinea in Allied hands. I couldn’t leave her alone like that; fourteen knots. Finally, he came over and January 7: Japanese landed at Lae, I’m not that kind of guy. informed me of his belief that the pilot New Guinea. was trying to run the ship aground and In North Africa, Americans were I walked up to her and I spoke with her suggested that I order the course altered. advancing eastward in Algeria. In what I thought a winsome way, I had been checking our position on Kay’s Christmas letter had given me She smiled, you see, and answered me, the chart and thanked him for calling her address in Washington, D.C. So on “ ‘Twould make a lovely day it to my attention, saying, “This is the New Year’s weekend, I took the train If you’d share a bit of time with me.” place we go over the land on the wheels up from Charleston and arrived in I hardly knew what to say. with which this ship is equipped. Please Washington during the aftermath of a We walked a bit and we talked a bit pay my respects to the engineer on watch blizzard. The ground was frozen and That day by the side of the bay. and inform him that we will be using the after the tropical climate of our recent wheels and make sure he has sufficient trip, I was cold. 1 found Kay’s address, We listened to the music of a carousel, air in the tires.” and visited with her and her roommate, We rode the dodge-’em cars Mr. Shafter looked rather skeptical. Lillian, for the weekend. It was too cold We spent some time in the “House of Fun” I assured him that this was one of the for much sightseeing, so we just stayed And took the sky-ride to the stars. experimental ships fitted with wheels to inside and chatted. I managed to catch It was a kind of day that should never end counter the submarine menace by tra- a terrific cold and laryngitis to go with For a lonely couple of kids. versing land where feasible and that he it; by the time I returned to the ship, I It was long ago, but still I know had better hurry about the errand. could not talk. I always hope we’d meet again. It so happened that the first assistant The next weekend, I visited a beach engineer was at work on the compressed play land, inspiring the following: When I walked this young lady home air lines to the ship’s whistle at the time. that night to her old, side-porch house When Shafter paid my respects to the THE GIRL in Charleston, she said, “I want you to chief and informed him of my desires, As I walked one day by the side of the bay come in and meet my daddy. He’s the the chief sent word back: “The first is at Watching the ships go by sheriff.” work on the air lines, and the wheels will The flash of the gown of a red-haired girl Continued on next page >>>

The Council of American Master Mariners, Inc. June 2013 Sidelights 27 In the Membership

Chelemedos>>>Continued from page 27 lifeboats. I did not see Mr. Murray again Sitting uncomfortably as they had to do The Cape Decision stayed in Charleston until the middle of May half a world Except for those fortunate few after discharging her cargo, shifting to away. Who sat in the shadow of the sail the arm dock to load her outbound The submarine (U-105) came along- On the hard wooden benches along the rail cargo. Captain Sorensen ordered a pair side the lifeboat and their skipper asked And thwarts of the open boat. of long masts and larger sails for our for our captain. I pretended I didn’t see two lifeboats, and I worked with Cadet Captain Sorensen sitting in his bathrobe The men used anything, Shafter going through the supplies in the over an oar, and said he must be in the Handkerchiefs, boats. The other cadet worked with the other boat. I saw one of the men on the Undershirts, second mate cataloging the new charts conning tower counting us before the Even torn cuffs from their trousers and updating them from the Notices to submarine left to go over to the other To make covering Mariners. lifeboat. For their heads from the merciless rays A little while later, the submarine came Of the burning sun. back and said that the men in the other But when the cool night came, boat had said the captain was with us. I A shiver said, “No, I was under the impression he Would wrack the bodies had gone to the other boat. He sent me Of the forcibly chilled men. off while he checked around the ship for They would once again other possible casualties.” Be looking forward to morn The skipper asked me how many men And the rising in my crew. I stretched my answer a bit Of the warming sun. and said eighty-two. His reply was: “I am sorry, you lost ten men, but this is war. We sailed around the south end of the Captain H.E. Sorensen You job is to sail the ships and my job island after daybreak and through the All the time we had been aboard the is to stop you. I saw you first and sank submarine nets of Bridgetown Harbor ship, the second mate and I tried to recall you.” He asked if any of us needed medi- before the police launch picked us up just where the Cape Decision for which cal attention. and towed us to the dock. the ship was named was, and couldn’t. I then asked where the nearest land Our arrival in Bridgetown, Barbados, We sailed on January 23 for Dakar, was, as this was my first trip as Third in a lifeboat after sailing nearly a thou- West Africa, with a cargo of drums Mate, and I was new to these waters. sand miles was a welcome event for us, of gasoline and various military sup- He sent down for a chart and pointed to say the least. Getting or “land legs” plies. The eight-to-twelve watch through out that by sailing southwest, we should after ten days rolling around in a small the blue waters of the Gulf Stream was encounter either Barbados or Trinidad boat wasn’t easy. One reporter inferred peaceful. We were still quite aware of the with the favorable northeast tradewinds that we were probably drunk because we submarine dangers, though increased air and the prevailing currents. seemed so unsteady on our feet. cover had driven the wolf packs farther We waited a bit until they had scouted We were taken to the police station out into the Atlantic and down along the around in the debris then left, before put- for registering, each given a fifty-dollar coasts of South America near Trinidad. ting up the new masts and sails. We used draw so we could buy some clothes, then We traveled alone at fourteen knots. the original lifeboat sail for a balloon job assigned to several of the resort hotels When Mr. Murray, the second mate, and set out for Barbados, navigating with along the beach that lacked customers relieved me at midnight January 29, the sextant and pocket watch the captain because of the war. we were just about halfway across the had, set to Greenwich time. With the fair I was assigned to the Hotel Royal and Atlantic. I wrote up my log and, as I was winds, we were covering about 100 to given a room on the first floor on the leaving the chartroom, my eye caught 110 miles a day, and sailed the 953 miles ocean side. Trying to sleep with the roar the name “Cape Decision” on the radio in just under ten days, pickling up light of the breakers on the beach outside the direction finder chart of the West Coast on the island around midnight. door was interesting, as I dreamt I was posted on the bulkhead. I went back up still in the lifeboat. When I heard the on the top bridge to tell him about my THE SUN waves approaching, I would automati- find, and we spent a few minutes won- The warm trade winds scudded cally duck down to avoid getting wet. dering what mystery we should now turn The lifeboat Then I would awaken to realize where our attention to. At a good clip I was, and go back to sleep to have the Our ship was torpedoed at five that Across the empty tropic sea. same dream. morning, and we went off in separate There was no shade for the forty men The young lady at the desk, Madeline

28 Sidelights June 2013 The Council of American Master Mariners, Inc. comed me and took me under her wing, When it came time for me to leave, I did drove me around the island, and threw so reluctantly. a party for me for my twenty-first birth- At Trinidad, I checked in at the War day. Madeline and I never did make that Shipping Administration office for a let- movie. ter of identification and stayed there I stayed in Bridgetown about ten days, another three days awaiting transporta- while the forty members of the crew and tion back to Miami. Flying the thousand gun crew were flown to Trinidad a few miles to Miami in a few hours seemed to at a time for repatriation to the States. Continued on page 38 >>>

Above: Cape Decision Lifeboat, 1943. Right: Armed Guard survivors, MS Cape Decision, Bridgetown, Barbados, February 1943.

Bradshaw, seemed friendly enough and I got up my courage to ask her for a movie date. She wouldn’t say yes unless her mother approved, so I borrowed a bicycle and biked home with her to meet her mother. Mrs. Bradshaw wel-

MS Cape Decision

Company: Waterman Steamship Corp. Crew) landed at Bridgetown, Barbados Mobile, AL February 5, 1943 having traveled 957 Master: Holger Emile Sorensen Gross Tons: 5635 miles. The Captain hove to 2 miles off Dimensions: 393’ x 60’ x 25’ Ragged Pt. Lighthouse and about 0430 Home Port: Beaumont, TX when daylight broke, sailed the boat Built: 1942 @ Beaumont, TX to the mouth of the harbor. The other boat in charge of the Chief Mate with The Freighter, MS Cape Decision, was zine. About ten minutes later a third 35 survivors landed at St. Barthelmy on torpedoed at 0447 EWT on January torpedo hit on the starboard side in the February 9, 1943. The men in this boat 27, 1943 by the German submarine engine room. The ship took an immedi- were very grateful to the natives on St. U-105 (Nissen) in mid-Atlantic (23-00 ate list to port and sank by the stern at Barthelmy for the food and medicine North/47-29 West) while en route from 0601 EWT on January 27, 1943. they provided. Charleston, South Carolina to Freetown, The crew abandoned ship on the After the ship sank, the sub surfaced Sierra Leone with a cargo of war sup- Captain’s orders after the first attack. and the survivors were questioned. Two plies including a deck cargo of 2 planes Both lifeboats were safely launched and crew members (Third Assistant Engineer and 2 landing barges. She was sailing several rafts were cut loose. Two Navy and an A.B.) were taken aboard the sub. independently. Her complement was 42 men stationed at the after gun were the The Third Assistant Engineer held an merchant crew and 22 Navy Gun Crew last to leave. They were forced to jump unlimited Chief Engineer’s license and plus 3 U.S. Army passengers. There were overboard and were in danger of being this was taken away from him. The A.B.’s no casualties. Photo courtesy of John caught in the suction near the stern of the papers were also taken, but were later Lockhend. ship. The master dived overboard from returned to him. The two men were later At 0516 EWT, the ship was struck by his lifeboat and brought the exhausted allowed to return to the lifeboat. two torpedoes on the port side between men safely to his lifeboat. Number 2 boat U-105 (Nissen) was bombed and sunk #4 and #5 holds, opening a hole in #5 with the Master and 40 others (22 crew, 3 June 2, 1943 off Dakar, French West hold, and starting fires in the after maga- U.S. Army personnel, and 16 Navy Gun Africa. There were no survivors.

The Council of American Master Mariners, Inc. June 2013 Sidelights 29 In the Membership

Voyage Report – Winter 2013

I am Master of a liner container ship.

In synopsis, ship’s schedule. The Newark agent noted camera monitors at various critical sta- no changes that several ships in their portfolio were tions on the bridge and engine room. to report in delayed a day or more. The east bound Two of the camera monitors are located routing, the North Atlantic crossing was in rough on the bridge wings and are equipped voyage runs but following seas making for an easy to be remotely pointed in azimuth and USA East voyage and enabling us to recover our altitude. These cameras are meant to by Captain Coast to the schedule at the southbound canal transit. monitor and capture activities beyond Kevin Coulombe Persian Gulf The ship was fortunate to depart New the rail. Ostensibly they would capture #3221-R and India. York one week prior to hurricane Sandy. pirate activity, but barring that event I Container tonnage departing the USA The climate and sea conditions in the have found them useful to monitor pilot for the Suez Canal was good. Due to Mediterranean, Red Sea, Gulf of Aden, boardings at the IMO pilot ladders and the mix of fuels we are required to Persian Gulf and Indian Ocean were activity at the gangways. Operation of carry to meet low emission requirements pleasant. The west bound North Atlantic the system has been relatively simple there was some concern about maintain- crossing was hampered by very heavy and I can call up any camera from my ing stability late in the voyage and still seas. Initially the recommended routing office. Reliability has been an issue. The be capable of conducting ballast water was to the south of the Azores and then original mounting hardware fastenings exchanges and meet spot fuel purchasing a westerly rhumb line track but as we had to be replaced and the original opportunities. Adjusting the fuel burn- put the Rock of Gibraltar abeam this was means of signal transmission had to be out plan alleviated these concerns but suddenly amended, probably in recogni- reworked. (The vendor was seduced by left very little flexibility should the ship tion of the significant delay the route the ever attractive ship wiring to move be delayed or diverted for any reason. would incur and also of the complexity signals, but like other vendors before Despite the civil turmoil in Egypt, of the forecasted storm systems. Once them this proved to be unsuccessful.) the Suez Canal remains free and clear. clear of Cape St. Vincent the ship was The system has not been well received No delays were experienced during the routed north-northwest in an attempt by the crew. Despite ample warnings the scheduled transit of the canal although to round over the top of the prevalent crew still conduct themselves as though the southbound sea pilot in Port Said storms. Much of the westbound North the system were not there, so some inad- was not embarked until deep into the Atlantic voyage, except for the last 12 visable behavior has been captured to the channel prior to the canal. In the Red hours, was in very heavy seas, swells and system hard drive. There has also been Sea and Gulf of Aden no pirate activity high winds. Due to a loss of email com- some incidents of naive sabotage, the was reported or observed, yet the rec- munications I missed a routing update execution of which has been captured by ommended BMP4 and U.S. Coast Guard and bisected the primary storm system’s the system. The transgressors were dis- mandated pirate deterrent practices were low pressure center. I will address an ciplined as per the safety management observed including the armed security interesting aspect of modern marine procedure and corrected (with the assur- team. Cargo lift west bound was light as management for this leg of the voyage ance of more severe penalties otherwise.) typical for the service. later in this report. In recent years modern vessel man- In general, the climate and sea condi- During the voyage we worked with an agement has moved boldly into KPI tions were aggressive for the late winter. upgraded version of the ship based closed metrics. KPI came about in a big way While the U.S. East Coast was experienc- circuit video recording system (SCCTV.) with the rise of fuel prices, and in 2012 ing bracingly cold temperatures, it was During the first quarter 2013 the instal- saw my owners report a savings of tens mild for the rest of the trip. Sea condi- lation and activation of an SCCTV had of millions of dollars in fuel costs. These tions had racked up a day’s delay in the been initiated. The ship was fitted with KPI metric goals were facilitated in part

30 Sidelights June 2013 The Council of American Master Mariners, Inc. by a slow steaming program and a ship longitudinal trim program. The slow What do the Plimsoll Line, steaming is self-explanatory. The longitudinal trim program adjusted trim iPhone and Nathaniel to optimize fuel consumption, in many cases adjusting trim so that the ship was down by the head. The program Bowditch have in common? has been greeted with some skepticism but has been proven empirically valid. (Former LASH ship mariners are well In the open- Nathaniel Bowditch, a master mari- acquainted with the practice.) ing presen- ner, published the American Practical Regrettably the trim program and tation of the Navigator, a guide to celestial naviga- the drive for favorable KPI metrics has Connecticut tion that could be understood by every led to an unfortunate consequence. As M a r i t i m e member of the ship’s crew, including described earlier, 2013 storm activity in Association’s – as Bowditch famously noted – the the North Atlantic (and Pacific) has been (CMA) ship’s cook. particularly ferocious, causing extensive Shipping Can the cook of a modern tanker delays to the fleet of up to a day or more by Captain 2013 con- read and understand an ECDIS opera- and inflicting costly damage to ships and John Adam Konrad ference, tion manual? Can he read and under- cargo. Bearing this in mind, during our #3205-S Gerardo A. stand the latest MARPOL regulations? storm tossed west bound North Atlantic Borromeao, President of V. Ships, the Can he send a mayday on the ship’s transit, I directed the chief mate to trim largest ship management company, GMDSS or steer a straight line on a the ship by the stern in order to protect called on industry leaders to propose DP ship? the foredeck from heavy seas. I duly ideas to improve the future of seafarers. For these reasons I called on clas- noted the trim in my metrics report. To this question my answer was sim- sification societies to fold seafarers into Then the communications commenced. ple: “the number one challenge facing the class approval process by inviting During the voyage I received no less mariners is complexity.” mariners to test new products and I than three messages from three different One vivid example of how a sim- asked that no new regulations or critical metric operations analyst questioning ple solution led to dramatic improve- equipment system be approved unless it the ships trim and instructing me to ments in the safe navigation of ships can be, with a minimum amount of correct it as per procedure. My metric was invented in the 1870s by Samuel prior training, operated by any crew- operations correspondents seemed igno- Plimsoll. The Plimsoll mark has saved member - preferably the ship’s cook. rant of my situation. The same metrics countless ships because it is simple, How can this be accomplished? report I complete captures the state of but unfortunately it’s simplicity has In the short term, simplification can wind, seas and swells but apparently been lost to modern stability comput- be achieved if class societies withhold metric operations did not know how ers laden with countless menus and too new approvals and ship owners with- to interpret or integrate that informa- many unused options. hold new purchase orders until equip- tion. After explaining the reason for my The SMA panel which included the ment manufacturers invite average sea- action twice, I directed the third corre- persons in charge of BIMCO, IACS, farers to test new equipment designs. If spondent to send all further inquiries to Intertanko, Intercargo, Intermanager - this simple step is taken I believe that my marine managers. I had the luxury of all important industry leaders capable both the overall quality and usabil- doing this given my experience and years of promoting change. ity of new products will dramatically of vested time in the industry. But, in the To help clarify my point I asked the improve. face of such critical, oblivious oversight, panel if new GMDSS consoles could I am confident that if seafarers are what would a master, newly engaged, be designed to be as easy to use as an consulted prior to approval of both less experienced, and less vested do? Will iPhone and if regulations could be writ- regulations and new equipment, we will metrics precipitate or cause a loss? We ten more simply. reduce the burden of training, reduce rode out the storms, experiencing some As an example I also told the panel the number of incidents and we will minor damage to a pair of lifering brack- how Celestial Navigation is a subject make mariners more confident and ets and to the starboard gangway. What that was once, like today’s new regu- capable ship navigators. ¶ might have happened were we ballasted lations, complicated and difficult to down by the head? ¶ understand. That changed in 1802 when

The Council of American Master Mariners, Inc. June 2013 Sidelights 31 UNITY FOR SAFETY AT SEA CAMM’s voice in the IMO IFSMA

Good-day, Mates!

Since the last in June this year. There have been other bers. Next year there will be a number article, in papers all of which are important to the of changes to the Executive Council March of this Master of ships and seafarers in general. with members stepping down and new year, there persons putting themselves forward for have been a IFSMA AGA election. lot of mari- The IFSMA Annual General Assembly time matters (AGA) was held in Melbourne, Australia Criminalization taking place the 16 – 17 April with the 75th Congress Criminalization of the seafarer contin- by where IFSMA of the Company of Master Mariners of ues to be a major problem for seafarers Captain John Dickie has been Australia taking place on the 17 – 19 in general and masters in particular. The Secretary-General involved with April. The numbers attending the AGA most consistent factor that arises in these IFSMA a positive out- were down from last year but consid- cases is the fact that the masters are not come. ering these times of austerity and the members of national associations or of cost of travelling to Australia, it is a big IFSMA and find themselves alone fac- Regulations thank you to all of those who managed ing criminal charges and the company At IMO the following meetings have to attend. The Papers presented will be nowhere to be seen. In some cases it taken place: Flag State Implementation; available on the IFSMA website in the would appear that a deal has been cut Ship Design and Equipment; Facilitation; near future along with the edited videos between the company and the authori- Legal; Standards of Training and of the speakers. Once again a number ties of the country where the alleged Watchkeeping. IFSMA is increasing the of quality papers were presented with offence has taken place and the Master is number of interventions made to ensure content relevant to the current issues in sacrificed for the release of the ship. that our voice is heard and in addition the maritime industry. The Australian In one particular case, still in progress, been part of co-sponsoring a number Congress was the perfect complement this was the case. Recognition must be of papers presented at the various meet- to the AGA, with issues affecting the given to Peter D. Wolf and John A. C. ings. This has been possible by the great- Australian Maritime Industry. Cartner, both of U.S. law firms who have er networking being accomplished at the It should be noted that the 2014 AGA carried out a lot of work and raised the IMO with Flag States and NGOs. will be held in Norway. It is hoped that public awareness of the case while giving Major successes have been at Legal it will take place in June. Once the dates their time on a “pro bono” basis. It is only 100 where the co-sponsored paper on are set, the relevant information will be by their work and that of other organiza- “Collation and Preservation of Evidence circulated to all associations and mem- tions that Masters do not become forgot- following an Allegation of a Serious Crime having taken Place on Board a Ship or following a Report of a Missing Person from a Ship and Pastoral and Medical Care of Victims” will have been taken to the next stage of the process. Another important paper co- sponsored with the ITF was the “Fair Treatment of Seafarers in the Event of a Maritime Accident”. In addition, at the STW Committee the co-sponsored paper on the Role of the Human Element – “Outcome of Project HORIZON” has Photo: Courtesy John Dickie been forwarded to MSC 92 to be held Attendees of IFSMA’s AGA in Melbourne, Australia.

32 Sidelights June 2013 The Council of American Master Mariners, Inc. UNITY FOR SAFETY Working together to protect and benefit Masters Internationally AT SEA IFSMA

CAMM’s report from ten and left to languish in prison with no hope of raising the funds IFSMA’s AGA needed to fight the case and gain their freedom. I was hon- (Privately Contracted Armed Security While saying this I am perfectly ored to attend Personnel) have been placed aboard cer- well aware that not everyone is the IFSMA tain ships, no attacks on those ships have innocent, but everyone is entitled Annual General taken place. Roles and responsibilities of to a fair hearing and trial. There is Assembly in both masters and PCASPs are well-defined, a need to remove the “guilty until Melbourne, with Master ultimately in charge. proven innocent” and get back to Australia repre- Administration burdens (mostly paper- “innocent until proven guilty” for senting CAMM work) and fatigue are related issues. In an the maritime industry and that and the USA, interesting note, the Dutch are studying Masters and others should not by one of 13 coun- different hours of different jobs aboard be placed in jail for years on end Captain Jerry Benyo tries represent- ships and fatigue times, based mostly on while waiting for trial. CAMM Representative ed. circadian rhythms. With MLC 2006 going IFSMA Vice President IFSMA into effect, it seems to me it’s leading to the Piracy membership now stands at 10,579 mem- point where you can’t move ships because Piracy is moving. While the bers and 36 associations. IFSMA recently everyone is fatigued. It’s a great idea, but number of successful acts at the accepted Singapore and Turkish ship- it’s not going to work. Companies will Horn of Africa is decreasing the masters associations into membership. likely call in another Master and crew to ransom demands are increasing. Panama, South Korea, and Yemen ship- move the ship if the Master reports fatigue. It is the transfer to the Gulf of masters have expressed interest in joining I don’t know how it’s going to end up. Guinea that is causing the most IFSMA. Panama would add about 300 [Editor’s note: This led to a discussion that concern. This is a different piracy members to IFSMA. boiled down to “It’s the law, and we must model, more violent and intimi- The role of the shipmaster, criminal- comply. See notes on page 16.” ] dating. Although the reports ization of masters, piracy, administration The biggest connection for CAMM to are of it mainly emanating from burdens, and fatigue were top discussions, IFSMA is to have representation from the Nigeria it must be said that the and reflected in the resolutions. shipmaster’s viewpoint in IMO in London. Nigerian Government is fighting Criminalization continues to be a focus, The USA delegation to IMO is typically back and trying, but it cannot do with several shipmasters held in jails all 20 U.S. Coast Guard officers, and there’s it alone. over the globe. Commentators such as hardly anyone representing the merchant The question that needs to be Professor Gold observe “the growth regula- marine. It’s very important for CAMM to asked: is piracy going to remain tion net of bloodhounds” and the escalation stay involved with IFSMA and for IFSMA with us for the foreseeable future? of legal standards which criminalize previ- to have representation on every IMO com- And if it is, how do ship-owners ously lawful seafarers activities. In April mittee to be involved with the formulation and crews cope as new areas are 2012, NGO Seafarers Rights International of the rules and regulations we live with. revealed? While armed guards do surveyed 3480 seafarers from 18 countries IFSMA Secretary-General Captain John have an admirable success rate, of 68 nationalities and found almost 24% Dickie is very active and attends many will it mean that ships have to of Masters had faced criminal charges. IMO meetings. factor in the carriage of armed Seafarers are increasingly targeted as the Captain Christer Lindvall will step down guards into operating costs? I scapegoats for maritime incidents whether as President of IFSMA in 2014. His replace- wish I had the perfect solution responsible or not. This increase in pros- ment will be discussed at the Executive but I cannot find one; many are ecutions deters qualified people from seek- Council (EXCO) meeting in late summer/ trying. However time moves on ing employment as seafarers. It should be early fall in London, which I will attend. I and every ship hijacked causes noted almost all accident investigations will advocate for a retired Master who has immense misery for everyone show it is not usually a single individual to time to devote to the job and responsibili- connected and concerned with blame for what has occurred. ties. the event. In regards to piracy, since PCASPs

The Council of American Master Mariners, Inc. June 2013 Sidelights 33 From the International Perspective

Piracy and Hijacking

Piracy is nothing new. Phoenicians are known to have resorted to piracy for well over a thousand years from 1550 b.c.

They are also Spain, Portugal and France. Some of the This weighs heavily in favor of piracy, known to best-known pirate bases were in Tortuga, especially if a coastal State does not act have threat- Port Royal and the Bahamas. Caribbean against its nationals or foreigners on its by ened ships pirates were mostly British, Dutch and own flag ships. Captain A.K. Bansal in Aegean French. Notorious among them were Sir If piracy is committed by anyone with- Company of Master and Med- Henry Morgan, Sir Francis Drake (both in its own national territorial waters, it is Mariners of India iterranean knighted in Britain), and Edward Teach. ‘armed robbery’ at best. But if a foreign Seas from as early as the 13th Century Alice Fish, known as ‘Pirate Aunty’ and flag ship is attacked outside its territo- b.c. This continued even after they were Anne Bonny were notorious female rial waters, a coastal State cannot legally absorbed into the Persian Empire in 539 pirates. Piracy was eliminated in these intervene as the attack is outside its b.c. Even commerce of Roman Empire areas in 18th century. jurisdiction and the ship is not of their was threatened by pirate states along Widely accepted tradition from ancient nationality. Traditionally, ships sailed the Anatolian coast when Julius Caesar times is that the high seas belong to no under the flag of the country where they was kidnapped by Sicilian pirates in one and to all the seven billion humans were owned. Seafarers on board were 75 b.c. Caeser is said to have doubled on this earth today. UNCLOS 1982 of the same nationality, which placed the ransom demanded for him by the accepted this tradition under Article 87, a strong obligation on the government pirates. After ransom was paid to release except that it reserved a 12-mile strip of of the flag state to protect them. This him, he raised a fleet and captured the seas along each coast to be sovereign changed during the British Empire when the pirates. In a.d. 846 Muslim pirates territory of the coastal State. British flag ships, carried British offi- sacked Rome and damaged the Vatican. Piracy is considered an International cers and engineers with Indian crew, Vikings of Scandinavia were known crime. This includes actions against a who were excellent seafarers but much pirates in medieval Europe. In a.d. 937 ship, aircraft, persons or property. A cheaper to employ. Irish pirates sided with Scots, Vikings pirate can be brought to justice by any Under American law, only ships built and the Welsh to invade England. Saint state into whose jurisdiction he comes. in the USA and crewed exclusively Patrick was also captured and enslaved UNCLOS Article 105 allows seizure of with American nationals can fly the by Irish pirates. pirate ships, property and arrest of per- American flag. Because it saves them British Admiralty Law defined piracy sons, “On the high seas, or in any other large sums of money, U.S. owners buy as ‘petit treason’. King Henry III took a place outside jurisdiction of any State.” ships built outside the U.S. and engage severe view of piracy. The first person But Article 107 limits allows such seizure cheaper crew from other countries, convicted and hanged for piracy was only by warships or military ships. With and therefore can not fly the American William Maurice in 1241. During the the exception of the USA, UNCLOS has flag. Hence Americans invented Flags reign of Henry VIII, pirates were defined been ratified by 159 countries where of Convenience (FOC). Today it means as felons and were subject to summary these concepts are Law. Law of the Flag that a ship owned by American nation- execution. State applies to all ships on the high seas, als purchases the right to fly the Flag The classic era of piracy was in the but Law of the Coastal State applies in its of a small country, and retain the right Caribbean from 1560 to the mid-1720s, territorial waters, regardless of the flag of to appoint cheap crew on board. They mainly out of conflicts over trade and the ship or nationality of those on board. secure themselves by insuring their ships colonization among rival European In any case, customary international law in the International market. They earn powers of the time, including England, restricts use of force on the high seas. high freight rates while avoiding high

34 Sidelights June 2013 The Council of American Master Mariners, Inc. American taxes. Because repairs in the a foreign flag ship, even though Indian in the Gulf of Aden because of the flag USA are expensive, they also take advan- owned with an entire Indian crew. of the ship and nationalities of the crew. tage of waivers of 50% duty on cheaper Fortunately, that lasted only few days If a warship goes to assist and injures or repairs performed on American ships in or there may have been public protests. kills someone, legal complications may foreign ports. There was quite a hue and cry in India arise. Recently, the British Foreign Office Belen Quezada was the first such ship against inactivity of the Indian govern- advised their Navy not to detain pirates to register in Panama in 1919. The mari- ment to rescue 18 Indian crew, includ- of certain nationalities because they time world followed suit from 1922. ing Captain P K Goyal, when the Stolt might claim asylum in Britain (under Liberian Registry was formed in 1948, Valour was hijacked by Somali pirates. British human rights legislation) if their again with help of American owners. Even the Supreme Court of India passed national laws include execution or muti- Today over half of merchant ship ton- strictures against the government for lation as punishments for their crimes. nage of the world flies FOC and engages not doing enough. They were ransomed Thus, no one is willing to help solve the officers, engineers and crew of different two months later when $2.5 million was problem. The usual excuse is “conflicting nationalities, creating a motley of irrec- paid by owners, no thanks to the Indian legal interests.” Modern pirates know it oncilable legal interests. Owners avoid government. and understand the concepts of inter- most rules, regulations, high taxes and Under existing laws, a Sovereign State national maritime law well. Thus they high cost of labor in their own countries. can take action against pirates in its ter- mostly hijack FOC ships with multina- Furthermore, as FOC ships have no ritorial waters, regardless of their nation- tional crew outside territorial waters of REAL nationality, their multinational ality or nationality of the ship. Such a any country, legally “on the high seas.” crew are beyond the reach of any single State can also take action against piracy Today, 90% of the world trade moves national seafarers’ trade union for rights to protect its own flag ships anywhere through major shipping routes such as of seafarers such as minimum wages, on the high seas. To take action against the Gulf of Aden and Malacca Straits minimum manning, safety and social pirates and to prosecute them for acts of in unarmed merchant ships. Due to standards. This allows owners to enforce piracy on foreign flag vessels on the high Somalia’s civil war since the 1990s, with- long working hours under unsafe condi- seas, even if just outside their territorial out an effective government, waters off tions and yet pay low wages. waters, is a complex legal issue under this coast have also become a major Since Flag of a State entitles protec- the laws of sovereignty of nations and threat to international shipping. The tion of the ship and all on board by freedom of the high seas. luxury cruise liner Seaborne Spirit was that country, France has twice rescued As a general rule, an FOC state rati- attacked with rocket launchers and French citizens taken hostage by Somali fies most international conventions, but machine guns 115 km off the coast of pirates from French vessels with French is unable and/or unwilling to enforce Somalia by heavily armed pirates in two crew, giving France a clear duty. Because them. It cannot effectively intervene speedboats from a mother ship, dam- FOC ships do not belong to nationals in cases of piracy and hijacking; first aging her ship side. The Master took of the flag State, and crew on board are because the ship maybe situated miles evasive action, ran over one of the pirate multinational, that duty and protection away from its territory; second because it boats and sailed away. is lacking. maybe too weak to take any action even On September 25, 2009, Somali pirates In December 2001, the M.V. Nisha if it had the will; and finally because it killed the Master and injured three crew was intercepted by H.M.S Southerland has merely sold the right to fly its flag to and a policeman because the Master of in international waters off the Sussex a foreign owner. Neither the ship belongs M.V. Barwaqo refused to divert when coast, about 30 miles south of Beachy to its nationals, nor those on board are attacked near Mogadishu. One crew of Head, when heading for the Tate & Lyle its subjects. A State whose nationals are a Taiwanese-flag fishing vessel was also sugar refinery in east London. Owned on board can not intervene because the murdered, apparently in retaliation for by Indians but sailing under FOC, the ship is under the law of the Flag State. reluctance of the owner to pay ransom. only country which could object to Naval ships of third countries cannot One Indian seafarer was shot dead on British commandos illegally boarding an intervene, because they may have no board the Sea Princess II in April 2009 unarmed merchant ship on the high seas legal rights to do so. after the ransom was paid, possibly a was the Flag State which was too weak The decision of a war ship to inter- backlash after three pirates were killed to even make a protest. Indian owners vene if a ship is hijacked on the high by U.S. Navy snipers to recapture the could not do much because the ship was seas is not only a function of the flag Master of Maersk Alabama. As a general under flag of convenience. alone, but also depends on nationality rule, pirates calculate that seafarers are The Indian government used it as a of crew on board. There are instances worth more alive than dead as owners fig leaf to hide its impotence and did not when naval units off the Somali Coast would always be under extra pressure to protest under the pretence that she was have refused to assist ships threatened Continued on next page >>>

The Council of American Master Mariners, Inc. June 2013 Sidelights 35 From the International Perspective

Piracy >>>Continued from page 35 in the International market, it ensures istries. However, the world merchant get them released by paying ransom. that their owners do not lose money. fleet continues to rely heavily on seafar- On November 15, 2008, the VLCC Traditionally ransom paid due to piracy ers from eastern Europe, India, Japan, Sirius Star, loaded with oil worth $100 is covered under the General Average Philippines and other countries. THAT million and carrying a 25-man crew (GA) contribution. Early cases support leaves the international maritime com- was hijacked 450 miles off Kenya. She this view. In Hicks v. Palington (1590) munity in a bind. was released on January 9, 2009, after Moore’s (QB) R 297, the UK court held Prosecuting pirates, rather than hang- ransom of $3 million was paid. Another that cargo given to pirates by way of ran- ing them from the yardarm, is a modern case of ransom and release was of the som was a sacrifice and could properly approach to Somali piracy that has turned Ukranian ship Faina. She was released be GA. Rationale was held to be that any parts of Indian Ocean into a no-go zone when $4.2 million ransom was paid in reasonable payment made to hijackers to for merchant ships. But some 2,000 years February 2009. secure release of the ship and cargo, rep- after Cicero defined pirates as the “com- There has been a complete arms resents a GA sacrifice made by the ship mon enemy of all,” nobody seems able to embargo against Somalia since 1992. At to save the entire maritime adventure. say, legally, exactly what a pirate is, even the 101st Council of IMO, India called Payment of ransom has not been illegal though piracy was the world’s first crime for a U.N. peace keeping force to tackle per se under English law since repeal of with universal jurisdiction, meaning that piracy off Somalia. From August 2008, a the 1782 Ransom Act. any country had the right to apprehend combined task force has taken on the role In 1840 in Peters. v. Warren Insurance, pirates on the high seas. Romans took of fighting Somali piracy by establishing the U.S. Supreme Court deemed, “ran- piracy so seriously they overrode a cau- a Maritime Security Patrol Area (MSPA) som a necessary means of deliverance tious Senate and gave near-dictatorial within Gulf of Aden. On October 7, from a peril insured against, acting powers to General Pompey, who soon 2008, the U.N. Security Council adopt- directly upon the property.” In the Royal swept away piracy in the Mediterranean. ed resolution 1838 calling on nations Boskalis Westminster NV v. Mountain In recent centuries, European countries to cooperate with Transitional Federal (1999) QB 674, the UK court held that such as Britain cracked down on pirates Government (TFG) to enter Somalian any reasonable payment made to hijack- except when enlisting some dubbed as territorial waters, apply military force ers to secure release of the ship and “privateers,” to help them fight their and use all necessary means to fight cargo, represents a GA sacrifice and can wars by raiding enemy ships. Pirates piracy. Soon thereafter resolution 1851 be recovered as contribution from cargo even spurred the creation of U.S. Navy authorized similar measures on Somali and other interests. Norwegian Marine after Jefferson protested against paying land under Chapter 7 of the U.N. Charter. Insurance Plan 1996 (2007) makes no about one-tenth of the federal budget to In February 2009, a U.S. Navy ship distinction between ‘piracy’ and ‘war’ Barbary Corsairs for safe passage of U.S. arrested two boat loads of pirate suspects and covers losses for piracy as ‘war risk.’ merchant ships. in the Gulf of Aden. When the Indian- §706.6 of German Commercial Code President Jefferson waged war against flagged ship Prem Divya was attacked by provides: “when in a case of arrest of the Barbary pirates. By 1815, the North armed men in a skiff who fired at the ship by enemies or pirates, ships and cargo African pirate kingdoms had been sub- vessel and tried to board, the Vella Gulf, are ransomed, whatever is paid as ransom dued. When Congress dealt with piracy a guided missile cruiser, heard a distress forms part of GA together with expenses in a statute four years later, the crime was call and sent a helicopter which fired a incurred for maintenance and ransom of so easy to recognize that legislators didn’t warning shot. The pirates tried to flee, hostages.” Today many marine insurance bother to describe it, just the punish- but the Vella Gulf and another U.S. war- policies include piracy as a war risk at ment. The 1819 statute that made piracy ship arranged to board the small craft extra premium. a capital offense (since changed to man- and arrested the suspects. This means that insurance costs have datory life in prison) simply deferred When the tanker Polaris was attacked, escalated. It is now dawning on ship to “the law of nations.” That legal punt AK47s and rocket-propelled grenades owners that FOC ships maybe commer- has kept American jurists scrambling were found in a skiff. Seven pirates cially convenient but are not safe. It may ever since. U.S. law made piracy a crime identified by the crew were arrested. On not be worthwhile to save on taxes and but didn’t define it. International law February 14, 2009, the Russian Cruiser other restrictions in their own countries contains differing, even contradictory, Peter the Great seized three suspected to flag their ships elsewhere and pay definitions. This confusion threatens to pirate boats in the Gulf of Aden and high insurance costs. This is a healthy hamstring U.S. efforts to crack down on captured ten hijackers off Socotra Island. development and should cause a rethink modern-day Blackbeards. Risk of owner of cargo on board a amongst some ship owners at risk from The question is: if you try to waylay hijacked ship is also an issue. Because piracy, to switch back from flags of and rob a ship at sea, but don’t succeed, both the ship and cargo are insured convenience to their own National reg- are you still a pirate? The stage was

36 Sidelights June 2013 The Council of American Master Mariners, Inc. set for the Norfolk trial when the USS piracy.” It was also argued that U.S. and rescued him, the lone Somali survi- Ashland, cruising in the Gulf of Aden courts should defer to international law, vor of that attack on Maersk Alabama about 330 miles off Djibouti, was fired especially the 1982 U.N. Law of the Sea pleaded guilty to lesser charges in New upon by Somali men in a small skiff. The Treaty, which the USA has never rati- York, not to piracy. Historically the last Ashland an amphibious dock landing fied. The judge in Norfolk ruled that the U.S. piracy conviction was in 1861 of a ship, returned fire with 25-mm cannon, conduct did not meet the standards of Confederate blockade runner. The 1958 wrecking the 18-foot skiff and sending “piracy as defined by the law of nations,” Geneva Convention offers an expansive its six occupants overboard. They sent taking into account mitigating factors definition of piracy as any illegal acts of a search boat to recover the Somalis such as the fact that the defendants violence, detention or depredation com- and photograph the smoking hulk of never boarded, nor attempted to board, mitted for private ends on the high seas. the skiff, which contained at least one the Ashland. The defendants’ skiff was One of the problems in bringing pirates weapon and what looked like a grappling destroyed by return fire after one of the to book is the resistance in most coun- hook or anchor. occupants had fired at the Ashland. tries against arresting pirates on the high Pirate suspects were moved into the Beyond legal wrangling and obscure seas and then trying to punish them in federal courthouse in Norfolk, Va., for historical references, piracy’s golden age their country. There have been few cases indictment on April 23, 2010, accused may have passed two centuries ago, but where pirates have been punished after of attacks on U.S. naval vessels off the it remains a scourge in places like the proper trials in courts. coast of Africa. The prosecution tried to Strait of Malacca, off the coast of Nigeria, The fact remains that most states can- convince the U.S. District Court, Eastern and east coast of Africa, where the disin- not legally define the crime of piracy on District of Virginia that they are guilty tegration of Somalia has led to a major the high seas. Somalian pirates are well not just of lesser charges, but face charg- resurgence. The first half of 2010 saw aware of this and therefore operate out- es of piracy, as violent attacks on the high about 200 raids and unsuccessful attacks side any State’s jurisdiction. They mostly seas without lawful authority have been on ships at sea worldwide, the bulk of attack FOC ships to counter any threat piracy since 1819. Defense argued that a them off Somalia. In August, two more through application of international law, slingshot fired upon another ship can- cargo ships were hijacked and about 18 which is totally inadequate to deal with not expose the defendant to a manda- ships and their crews were being held for this situation. A fleet of 40 warships tory life sentence. It was further argued ransom. The USA and other countries from 30 countries is patrolling the waters that under such a broad definition, helped Kenya, the closest stable country infested with Somali piracy. Yet, rather Greenpeace activists can be considered to the source, to put scores of pirates on than contain the problem, the warships pirates for their anti-whaling antics on trial. But Kenyan law requires witnesses have driven Somali pirates further into the seas. to testify on three separate occasions, the Indian Ocean! Defense lawyers trawled through his- which is impossible for merchant sailors. Today Somali piracy is a money mak- tory books and came across a 1820 The European Union has tried to jump- ing racket, origins and destinations of Supreme Court ruling in the case of start Kenya’s pirate prosecutions. which are far removed from protecting United States v. Smith, “We have, there- As of now most attackers captured coastal communities. A globalized black fore, no hesitation in declaring that pira- by European warships in the Indian market has emerged as a superpower cy, by the law of nations, is robbery Ocean are often let go for lack of any real with huge resources and become a lucra- upon the sea.” This gave defense lawyers legal recourse. A Spanish warship caught tive, multi-tiered multimillion dollar reason to argue that piracy is robbery seven Somali pirates red-handed in early illicit industry to challenge international and not attempted robbery on the high 2010, trying to waylay a Norwegian efforts to counter the growth and spread seas. Therefore since the attack on the chemical tanker. The Spanish frigate of piracy. Piracy has become highly effi- Ashland clearly failed, it wasn’t piracy. immediately released them because it cient, cut-throat and lucrative. Prosecution leaned heavily on a 1934 would have been difficult to prosecute In 2008 alone, ransoms amounted to ruling by Britain’s Privy Council in a case them. That leaves courtrooms like the $50 million at an average of $5 million. of a failed attack at sea near Hong Kong. one in Norfolk as among the best hopes By 2010 Somali piracy accounted for The jury found the defendants guilty, for bringing pirates to justice and deter- 208 incidents, 44 successful hijackings, subject to the question of whether it’s ring future ones. But even seemingly and 929 hostages. Mother ships support really piracy if no actual robbery occurs. clear-cut cases don’t necessarily pass small pirate skiffs, with arms, fuel, com- Hong Kong court acquitted the attack- muster in courts. munications and supplies to help them ers. Privy Council concluded that actual After a celebrated incident in April scour the oceans for their prey. They robbery is not an essential element in 2009, when U.S. Navy Seals snipers killed are well organized and need large sums the crime of piracy, “A frustrated attempt three Somali men holding an American of money to operate. Such investment to commit piratical robbery is equally master hostage on a small boat after a raid Continued on next page >>>

The Council of American Master Mariners, Inc. June 2013 Sidelights 37 From the International Perspective

Piracy >>>Continued from page 37 have to be paid high returns. bona fide shipping which transports a may or may not eventually bring returns. Thus modern piracy is a multi-tiered, vast majority of global freight essential This needs financiers big enough to take globally-connected organized crimi- for today’s life style of the international risks. Unsubstantiated reports indicate nal enterprise which is making a lot of community. that there are scores of “maritime com- money for a lot of people as a lucrative Insurers such as Lloyd’s, ostensibly panies” in Somalia and abroad who are business. Kenya’s notoriously corrupt against piracy, are demanding vastly involved in those kinds of investments. and opaque banking systems may be higher premiums. It is estimated that Today, with estimated average total laundering millions of dollars every year. major insurance companies in the UK operation cost of up to $150,000, piracy The U.S. State Department has identi- and USA have amassed over $700 billion operations depend on modern technol- fied Dubai as a center of pirate opera- in insurance premiums. Most recently, ogy, trained technicians, GPS and mili- tions, along with Kenya. The hawala the Gulf of Oman and more remote tary hardware. Those actually engaged system operates to move huge funds regions of the Indian Ocean were added in piracy are hired human teams, trans- without any involvement of bureaucracy, to the list of “high risk” areas for mer- ported to and from and maintained on banks and formal financial institutions. chants, amounting to higher insurance coastal bases. Hired armed men protect Because investigations into illicit foreign costs. Obviously with so much vest- pirate bases and take custody of hostages. capital have begun, tensions have arisen ed interest in making money, piracy is If a ship is successfully hijacked and ran- between native Kenyans and the large unlikely to dissipate on its own. ¶ som paid, each pirate may make $10,000 Somalian community plus financiers or more. A percentage of the ransom abroad. Captain A.K. Bansal is a member of the may also go to militias ashore. Local Somali piracy has generated real estate Company of Master Mariners of India communities may charge up to $100,000 booms as far as Dubai and Nairobi, and though qualified as a Bar-at-Law or more just for the right to anchor a through money laundering activities. As in India and the U.K., does not actively hijacked ship offshore. Local merchants piracy’s scope has broadened and pirate practice law. sell food and supplies to pirates at outra- attacks increase and become more suc- geously high prices. Obviously financiers cessful, it has made piracy a menace to

Chelemedos >>>Cont’d from page 29 Waterman Steamship Company’s office was being operated by Luckenbach take away the feeling of accomplishment to get paid off. Captain Sorensen told Steamship Company. She was laying at of the ten days in the lifeboat to cover the me that if I went back to San Francisco, the state docks at Mobile. I took the same distance. I could join the Cape San Martin, which night train over to meet the ship. I must Catching up on the news — January was outfitting there for Waterman. have gotten on a milk train, for it seemed 28, 1943: The Japanese attacked the I didn’t commit myself, but went over we stopped at every farm along the way Australians from Lae, New Guinea, to New Orleans to check in with War and didn’t arrive at Mobile until nine in but were driven back on January 30. Shipping Administration to get copies of the morning. I reported to the ship and Twelve U.S. flag ships had been sunk my license and seamen’s papers. found it wasn’t to sail for a couple of in the North Atlantic, including the A letter I received from Esther told me days, but I was so tired and nervous that Cape Decision, during January, and she had been abandoned by her husband I told the captain I couldn’t sail with him. another nineteen in February, includ- and was in a Denver hospital to have a I really felt the need of a rest. ing the troopship Henry R. Mallory baby. He understood and called for a with heavy loss of life. While at New Orleans, I had called replacement for me. Before going to When I landed in Miami I read the up Kay, who was in Washington, D.C., the depot to meet Kay, I stopped by the headlines of the paper: “Admiral Raeder working at the Pentagon. Apparently, Waterman Steamship Company office Has Ordered: No Survivors.” The accom- she had read the same headlines and for some last-minute adjustments to the panying news item outlined his orders also an article about a ship (the Henry R. pay due me. I told Captain Sorensen that to the U-boat fleet to leave no survivors Mallory) having been sunk and fifty per- Kay was on her way down so we could be from the ships they sank. The thought cent of the crew and troops lost because married. He said, “You’re just like all the passed through my mind of how the of the cold waters. She thought it might rest of the third mates. I warned you that U-boat skipper who had sunk our ship have been my ship. Anyway, she seemed license would change your life.” would react to that order. I assumed happy to hear from me and, as soon as I went down to the depot and met Kay from the few words I’d had with him that we got off the phone, she was on her way getting off the train. I had purchased he would not appreciate it, as he had a to Mobile to meet me. tickets to New Orleans and took her seaman’s feeling for his fellow seamen. I had been assigned by WSA to the right back aboard the same train. We I took the train over to Mobile to liberty ship George Chamberlin, which arrived in New Orleans late that night

38 Sidelights June 2013 The Council of American Master Mariners, Inc. BOB MAGEE and checked into the New Orleans Hotel. Memorial Golf Tournament The next day we set about to find out how to get married in a strange city. We went to the Officer’s Service Bureau at Seattle CAMM-YMTA the St. Charles Hotel. The charming ladies there, Mrs. Aldige 6th Annual Golf Tournament and Mrs. Scranton were helpful. The day being Mardi Gras, Great Golf for a Good Cause though there was no celebration during the war, all the city Proceeds benefit YMTA (Youth Maritime Training offices were closed. They sent us over to Gretna, across the Association), a non-profit organization that encourages Mississippi River, to get a license, and one of them recom- young people to seek careers in the maritime industry. mended a Lutheran minister she had met at a party the previ- We are Seeking ous week, a Dr. Kramer. After we had gotten the license, I called Dr. Kramer and, Sponsors and Golfers of all Abilities after outlining our situation, was invited to his church at 7:30 Weekend hackers and low handicappers welcome that evening, with the added instruction to bring two witness- Registration fee includes the round of golf, cart, es. I asked Mrs. Scranton and Mrs. Aldige if they could recom- driving range, drink coupons, mend someone, or if they themselves would be witnesses for and a buffet dinner. us. They were pleased to oblige, so we told them the name of $5,000 Hole-in-One Contest the church and the time. Featured events include driving & We went shopping for a new hat for Kay, and returned to putting contests, Accuracy Rewarded, the hotel to find a phone call from Mrs. Scranton awaiting us. awards dinner, auction, raffle and more. When we returned it, she invited us to come to her home for August 29, 2013 • Mt. Si Golf Course the ceremony, and it was there we were wed. ¶ 35 miles east of Seattle CAMM_Sidlights Ad_2012.pdf 11/15/11 9:24:08 AM www.mastermariner.org/golf

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