Sidelights February 2013 the Council of American Master Mariners, Inc

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ON THE COVER Seabulk Arctic on the calm morning waters in Tampa Bay. Photo by Captain Terry Jednaszewski. View From the Bridge 7 Arctic Shipping and the Need for Emergency SIDELIGHTS 4605 NW 139th Loop Response Infrastructure CAMM National Vancouver, WA 98685 President R.J. Klein points out the seemingly 360-901-1257 obvious need for safety equipment and [email protected] services to support the growing Arctic EDITOR-IN-CHIEF shipping pushed by commercial interests. Captain Tom Bradley

EDITORIAL BOARD In the Council Capt. Tom Bradley Capt. John Konrad Capt. Pete Booth Capt. Ron Meiczinger 2013 CAMM PDC / AGM Info...... 4-5; 38-39 Capt. John A.C. Cartner Capt. Klaus Niem Secretary / Treasury Report...... 8 Capt. Chick Gedney Capt. Bob Phillips Council New Members...... 8 Chapter & Officer Reports...... 9 CONTRIBUTORS Reports Dear CAMM...... 11 A.K. Bansal John Adam Konrad Tom Bradley Jennie Lyons TAMUG Cadets...... 12 John A. C. Cartner John McCann Chaplain’s Column...... 14 Peter Chelemedos Pat Moloney Cross’d the Final Bar...... 15 Jeff Cowan Klaus Niem Simon Daniels Sinclair Oubre John Dickie Douglas Subcleff Michael Henderson William H. Watson R.J. Klein Kevin Wakefield In the Industry 16 Alan Knight David Williams Piracy Daily...... 16 Private Navies...... 17 COPY EDITORS Davyne Bradley Pat Moloney NOAA Navigation Response to Sandy...... 19 Liz Clark Klaus Niem IOOS® Matters to Mariners...... 22 Articulated Tug Barge Quandary...... 24 DESIGN & LAYOUT Davyne Bradley

PRINTING Modern Litho, Jefferson City, Missouri In the Membership 26 Peter, The Odyssey of a ADVERTISING MANAGER & ADMIN Merchant Mariner...... 26 Captain Tom Bradley [email protected] Bravery: Turning Toward Danger...... 28 360-901-1257 Old Ship Aficionados...... 29

TO SUBMIT MATERIAL We welcome your articles, comments, illustrations and photographs. Please email or send your submissions International Perspective 30 to Sidelights Chair Captain Tom Bradley at the above address. All IFSMA Secretary–General Report...... 30 submissions will be reviewed, but are IMO Press Briefing...... 31 not guaranteed to be published. CMMC: National Master John McCann...... 33 PUBLICATION DEADLINES Three Shipwrecks and a Lighthouse...... 32 Issue Submission Release Criminalization for the New Millenium...... 34 February Jan. 15 Feb. 5 Disasters Aided by Electronic Instruments.....35 April March 1 April 1 June May 1 June 1 October Sept. 1 Oct. 1 NOTICE The articles in this magazine are entirely those of the writer, and do not necessarily December Nov. 1 Dec. 1 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. February 2013 Sidelights 3 ANC FR IS N Y ARE C A A O A B S

C CAMM Annual General Meeting A C M D Professional Develop ment Conference M P AGM & April 24-26, 2013 Hosted by the San Francisco Bay Area CAMM Chapter

Ms. Jenifer Rhoades IOOS® Regional Focal Point, NOAA Venue: Mr. Thomas Bethel American Maritime Officers Union President

10 Washington Street CAMM Business Meeting Oakland, CA 94607 www.waterfronthoteloakland.com State of CAMM Address by CAMM President Captain R.J. Klein 1-888-842-5333 Officers’ Reports Group Rate Code: CAMM2013 CAMM Views and Positions CAMM Strategic Plan Event Chairperson: Anyone interested may register to attend the business meeting; however, only CAMM Captain Klaus “Nick” Niem members will have a voice. [email protected] Sponsorship Opportunities Available

Registration and room bookings due March 1, 2013 Print and return the registration form today!

4 Sidelights February 2013 The Council of American Master Mariners, Inc. CAMM Annual General Meeting Professional Develop ment Conference Oakland, CA USA Hosted by the San Francisco Bay Area CAMM Chapter

Gala Dinner Registration Registration forms are now Formal evening available on the inside back cover Gala Dinner Keynote Speaker of this issue or on CAMM’s website. Follow the links to 2013 PDC & Rear Admiral Thomas A. Cropper AGM. Please be sure to register President, California Maritime Academy early; registrations are due TOPIC: Maritime Schools and Education March 1, 2013. Rear Admiral Cropper began his presidency on July 1, 2012 after a 31-year career in the United States Navy. Most recently, Accommodations Cropper directed education and at-sea training for Navy Book your room at the ships and aviation squadrons deploying to the western Waterfront Hotel before March Pacific and the Middle East. 1, 2013 using our group rate code CAMM2013. CAMM has secured room rates at $159 + Lalonde Spirit of the Seas Award Presentation tax per night. Parking is $12/ The Father Maurice Lalonde Spirit of the Seas Award is the day. Complimentary continental highest honor that the Council of American Master Mariners breakfast and lunch are available can award a member for all of the following: humanitarianism, for registered meeting attendees in professionalism, seamanship, life-time achievement and the conference room. noteworthy accomplishments, along with contributions to the maritime industry and the ‘Spirit of the Seas’ in their everyday Activities / Day Trips lives. Spouses and guests are invited to join hostesses for a ferry ride across the bay into San Francisco City on Cash Raffle Ticket Winners Drawn & Silent Auction Thursday, April 25. RAFFLE Buy, sell and return the raffle tickets in your annual dues packet for 1ST PRIZE $ 750 a chance to win cold hard cash. Sponsorship A Silent Auction will open during the PDC, continue through 2ND Prize $ 450 Opportunities the AGM, and close at the Gala Dinner. Join in CAMM’s only 3RD Prize $ 150 Corporate and organization fundraisers for the year! Mr. Thomas Bethel $200 each - OR - $2000 12/book sponsorships are available at American Maritime Officers Union President different levels. Please contact event chairman Captain Klaus Niem for a sponsorship packet. Thank you to our Sponsors Master, Mates & Pilots

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The Council of American Master Mariners, Inc. February 2013 Sidelights 5 P.O. Box 5034 The Council of American Master Mariners, Inc. Lynnwood, WA 98046-5034 www.mastermariner.org

South Atlantic Region NATIONAL OFFICERS PORT EVERGLADES / MIAMI President Captain David Goff, President Captain R.J. Klein MAILING ADDRESS 561-392-5476 [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 Wednesday of the First Vice President month, except July and August. Location var- Captain Joe Hartnett ies, so please call or check website for current [email protected] North Atlantic Region location. 410-867-0556 NEW YORK / NEW JERSEY Mailing Address: 1106 S.W. 12th Road Second Vice President Boca Raton, FL 33486 Captain Dan Jordan Captain Frank Zabrocky [email protected] [email protected] TAMPA BAY 503-338-8599 203-359-8494 Captain Zabrocky is restarting this chapter. Captain David H. Williams, President Treasurer and Secretary 352-637-1464 Captain David Williams Please contact him for more info and to help activate this chapter. [email protected] [email protected] nd 352-637-1464 Meetings at 1130 on the 2 Tuesday of each BALTIMORE / WASHINGTON D.C. month, except July, August and September. North Atlantic Regional Vice President Columbia Restaurant, 7th Ave. and 22nd St. Captain Frank Zabrocky Captain Joe Hartnett, President [email protected] 410-867-0556 Mailing Address: 1760 E. Littleton Ct. 203-359-8494 [email protected] Inverness, FL 34453 South Atlantic Regional Vice President Meetings at 1130 monthly, except June - North Pacific Region Captain Jerome Benyo August. Check website for date and location. [email protected] Locations vary between Baltimore and D.C. SEATTLE / PACIFIC NORTHWEST 727-791-0313 Mailing Address: P.O. Box 700 Captain Richard Klein, President Gulf Regional Vice President Edgewater, MD 21037-0400 425-746-6475 Captain Robert A. Phillips [email protected] [email protected] NORFOLK / HAMPTON ROADS / TIDEWATER Meetings at 1130 on the 1st Thursday of each 504-737-6619 Chapter Inactive month. Rock Salt Steaks and Seafood, Lake South Pacific Regional Vice President Anyone interesting in restarting this chapter, Union, 1232 Westlake Ave. N, Seattle. Captain Klaus Niem please contact Regional VP Captain Frank Mailing Address: PO Box 99392 [email protected] Zabrocky. Seattle, WA 98139 707-255-6567 North Pacific Regional Vice President Gulf Coast Region COLUMBIA RIVER Captain Carl Johannes Captain Vic Faulkner, President NEW ORLEANS [email protected] 360-798-9530 206-448-3433 Captain Karl Jaskierny, President [email protected] 504-737-4849 Immediate Past President Meetings are at 1200 on the 2nd Friday of Captain Cal Hunziker Meetings at 1200 on the 2nd Thursday of each month. Red Lion Inn at the Quay in [email protected] each month, except July and August at Don’s Vancouver, WA (I-5 and the Columbia River). 253-862-7493 Seafood Hut, 4801 Veterans Blvd., Metairie, Mailing Address: 121 Hazel Dell View LA. Council Chaplain Castle Rock, WA 98611 Father Sinclair Oubre Mailing Address: 8112 Ferrara Drive [email protected] Harahan, LA 70123 South Pacific Region 409-749-0171 MOBILE BAY LOS ANGELES / LONG BEACH Captain Rusty Kligore, President Captain David Boatner, President CHAIRS 251-928-9753 805-479-8461 BOG at Large [email protected] [email protected] Captain Tom Bradley Meetings on the 2nd Tuesday of each Meetings at 1200 on the 2nd Tuesday of each Constitution and Bylaws month at 1300. Felix’s Fish Camp Grill: 1530 month, except August. Ante’s Restaurant, 729 Committee Chair Battleship Pkwy, Spanish Ft., AL. S. Ante Perkov Way, San Pedro, CA. Captain Chick Gedney Mailing Address: 615 Bayshore Drive #408 Mailing Address: 533 N. Marine Ave Government Relations Committee Chair Pensacola, FL 32507-3565 Wilmington, CA 90744-5527 Captain Joe Hartnett Membership Committee Chair HOUSTON SAN FRANCISCO BAY AREA Captain Liz Clark Captain Michael J. Mc Cright, President Captain Klaus Niem, President Pilot Relations Committee Chair [email protected] 707-255-6567 Captain Dan Jordan Meetings monthly, September - May. Check [email protected] Positions Committee Chair website for specific dates. 1130 hrs, TAMUG Meetings on the 1st Tuesday of each month, Ms. Lyn McClelland Blue Room, Galveston, TX. 11:30, Sinbad’s Pier 2 Restaurant in San Sidelights & Website Committee Chair Mailing Address: Francisco, south of Ferry Building. Captain Tom Bradley 4620 Fairmont Pkwy, Suite 203 Mailing Address: 4207 Chardonnay Ct. Pasadena, TX 77504 Napa, CA 94558-2562

6 Sidelights February 2013 The Council of American Master Mariners, Inc. from the

Arctic Shipping and the need for Emergency Response Infrastructure I recently read its positions on ILO/IMO Guidelines ter in its Arctic is causing a stir in the Polar Express, for Fair Treatment of Seafarers, One Canadian media, and well it should.” Captain R.J. Klein A Voyage Man Bridge Watch and Watch Stander’s In August 2010 the passenger ship CAMM National across the Fatigue and Task-based Manning (go to Clipper Adventure went aground near President Melting Arctic, positions at www.mastermariner.org for Kugluktuk, Nunavut, Canada (near the #1751-R an article in the details). Southeast entrance to the Arctic Ocean). December 24th issue of the New Yorker. The article was written because voy- Owners claimed it was on an “uncharted The article describes the voyage of a bulk ages via the NSR are uncommon and rock.” In fact, it was on a ledge that had carrier (the Nordic Odyssey) loaded with little known to the general public. A been published in the NM in 2007. iron ore sailing via the Northern Sea record number of ships – 46 – used the An example of the need for having Route (NRS) from Murmansk, Russia to NSR in 2012. The Northwest Passage emergency response infrastructure in Huanghua, China. It was a well written (NWP) had 21 private “yachts” transit in place is the grounding of the Kulluk article, especially for those who have 2012, including the 31-foot sailing vessel off Kodiak Island. It appears a major never been to sea. Belzebub II and a 644-foot, 43,000 ton maritime incident was avoided but only Several descriptions stood out, includ- M/V The World, a passenger/condo ship. after the tug alert was sent from Prince ing the challenges of navigating the Mr. Gessen mentioned that the mapping William Sound and other assist vessels Arctic, the reduced manning aboard in the Arctic was unreliable but did not arrived from Seattle. ships, and shore leave for seafarers. The discuss the lack of emergency response The requirement for emergency sup- author (Keith Gessen) stated that since infrastructure or support along either port along the arctic routes is obvious 9/11 “the United States abrogated centu- route. We know that many shipping and it must be addressed by the boarding ries of international practice by severely companies commercial needs often chal- nations. The U.S. may have taken small restricting foreign seafarers’ ability to go lenge the need for safety. steps this year by completing the over- ashore. The crew stated, ‘The only country From the Wall Street Journal’s Market haul of the Polar Star and by approving as restrictive as the U.S.,’ they said, ‘was Watch 28 August, 2012: funds for the refurbishing of the Polar Saudi Arabia.’” “During this Arctic tourism season Sea. The U.S. will soon have two service- During our last AGM meeting, we in the once-inaccessible north, the able heavy ice breakers to go along with learned that this is true, even when for- world’s largest privately owned yacht, the lighter Healy. eign seaman are rescuing U.S. citizens the 200-meter-long World, is getting CAMM needs to support every effort from freezing. Captain Havlik of the set to sail for the increasingly ice-free to build at least two new icebreakers as Healy told us that the crew of the Renda Northwest Passage with 400 passen- the lead time for icebreakers is eight to was not allowed ashore after their com- gers aboard. Alarm bells are ringing ten years. At the next AGM we should bined effort to break through the ice and onshore about what would happen if discuss taking a position to support deliver needed gasoline and diesel fuel huge yachts and cruise ships like The the IMO 2009 Guidelines for Ships to Nome. Mr. Gessen describes the crew World hit an iceberg or a storm in the Operating in Polar Waters. ¶ experiencing boredom. We know this Passage and started to sink. can be at least partly attributed to the Canada simply isn’t prepared for reduced manning aboard ships. This re- such a disaster, experts are now say- affirms why CAMM needs to continue ing. The prospect of a maritime disas- Captain R.J. Klein

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

Secretary & Treasury Report 2012 has been a year of a change of command. The change went smoothly. This report features financial so it can continue to be relevant and effective in the industry. reports for 2012. As this report is The conventions provide a very good atmosphere to improve being written we are preparing to CAMM and it’s mission. mail out our yearly appeal for dues. I hope to see you at the convention in April. ¶ In 2012 CAMM had a total of 768 members of which 663 were in 2012 Year End Financial Reports (unaudited) good standing including 16 hon- Current Assets oree members. This compares with Checking / Savings by Captain 755 members of which 700 were in 10000 Bank Accounts 17891.66 David Williams good standing in 2011. Membership Accounts Receivable CAMM National continues to be an on going drive 11000 Accounts Receivables 4575.00 Secretary/Treasurer for more. All members are encour- Other Assests #2318-R aged to pursue new members. The 12100 Inventory Assets 693.25 application forms can be copied off the web site. I can send you TOTAL ASSETS 23159.91 some if you prefer. The program of one year dues free for each Liabilities & Equity three new members recruited is still in effect. 30000 Opening Balance Equity 29207.87 The 2012 convention was held in Seattle and was well Net Income -6047.96 attended. The minutes of the 2012 meeting will be at the 2013 TOTAL LIABILITIES & EQUITY 23159.91 convention in San Francisco on April 25/26. A second notice was sent out to those members who had not 2012 Income paid dues in 2012 and was well responded to. 45030 Interest-Savings, Short-term CD 3.09 Unfortunately at present we have 19 members who are being 46200 Contributions Gifts, Grants served their 90 day notice of termination. 46230 Membership Dues 38460.00 A continuing theme of 2012 was in dealing with the shrink- 46260 All Other Contributions 125.00 ing resources available to CAMM and what activities to be 46430 Sidelights Magazine 20604.00 involved in. The main activities are with IFSMA (International 46440 Web Site 750.00 Federation of Ship Masters Association). The association 46610 Gross Income from gaming activity 3420.00 meets in various ports of members around the world. One of 46690 Application Fees 520.00 this years’ meeting is in Australia. TOTAL INCOME 63882.09 Other activities include membership drives, and publica- 2012 Expenses tion of Sidelights magazine. 62110 Management 6000.00 The financial reports shown here show we collected $38,460 62130 Accounting Fees 600.00 in dues, $20,604 in advertising for Sidelights. Total income for 62520 Web Site Exp 600.00 2012 was 63,882.09. In expenses the big items were $38,556.55 62772 Travel IFSMA 1893.00 for Sidelights and $14,645.31 for the conventions. Total 62790 Conferences and Convention 14645.31 Expenses were $69,930.25. As stated in one of my columns 62792 Convention Advance to Chapter 1500.00 there was a very lively and frank discussion of these costs at 63020 Payments to Affiliates - IFSMA 1447.62 the last Annual General Meeting in Seattle. They continue. 65120 Printing and Copying 37.230 In 2012 Sidelights collected $16,029.00 in revenue with 65131 Postage, Mailing Service 1235.43 65140 Bank Charges 48.08 $4575.00 due, total $20,604. 65150 Miscellaneous 245.48 This year’s appeal for dues will have a place for voluntary 65180 Supplies 1336.55 contributions as well as the raffle tickets. In addition I will run 65230 Sidelights Magazine 38556.55 a silent auction at the convention for a CAMM clock. 65250 Direct Expense Gaming 1785.00 I hope all members take these activities to raise addi- TOTAL EXPENSE 69930.25 tional monies to heart and try and support our organization NET INCOME -6048.16

8 Sidelights February 2013 The Council of American Master Mariners, Inc. Council Reports

Sidelights Committee Marine Center. The process included Service Support. His current vessel, the Submitted by Captain Tom Bradley the removal of derelict, abandoned boats USNS John Ericsson, is part of 34 ship Committee Chair on Port of Tacoma donated land, as well Combat Logistics Force (CLF). These We’ve made a few changes to the web- as the reconfiguration of dock facilities. ships provide fuel and supplies for U.S. site and to Sidelights. Back in November, The Tacoma Sea Scout program has Navy ships at sea. His ship’s complement we launched the CAMM 2013 PDC / been highly successful, with about 250 is normally 89. The John Ericsson is one AGM website, with info on speakers, participants at this time and up to 500 of the Fleet Replenishment Oilers and links to fill in and print the registration other young people from Tacoma public is home-ported in Guam. Built in 1990, form, and links to book your accommo- schools participating in associated pro- length 677 feet, 31,700 DWT, 34,442 dations at the Waterfront Hotel online. grams throughout the year. HP, twin screw, speed 20 knots. All CLF We also updated a few corrections on The funding, which is donation-based, ships are government owned and crewed outdated pages (previous officers, old includes a $500 annual scholarship from by civil service mariners. There also can meeting dates, broken links). Please, if YMTA. Also contributing to the success be a small contingent of Navy person- you come across any errors, let us know of this program are a number of dedi- nel for operational support including via email (webmaster@mastermariner. cated volunteers, including 17 licensed helicopter operations. Captain Kirk has org) so we can correct them. masters. Tom also mentioned that, as been working for MSC for 32 years. He As for Sidelights, this is the first issue Master of the MV Charles N Curtis, he noted that, for mariners starting out, printed by our new printer. Based in enjoys observing students doing their MSC is a great way to get a lot of sea Jefferson City, Missouri, we hope to best to navigate and stay on the vessel time. Another benefit is the amount have speedier mailing to the West Coast traffic lane outer perimeter line marked invested into the training and certifica- than our previous Florida-based printer. on the chart! tion of new officers, which is something As always, we welcome feedback, com- Our January 3rd meeting was attended getting more difficult for a mariner to do ments, and suggestions for improve- by a total of 14 at the Rock Salt restau- independently these days. The final part ments; along with letters to the editor, rant location. Chapter member, Captain of the presentation was a very impressive articles, photographs, paid advertise- Richard Kirk, CMA 1981 graduate, gave description of underway replenishment ments, and more. (sidelights@master- a very interesting presentation about the operations. Kudos to Captain Kirk on a mariner.org). Military Sealift Command. His presen- job well done! tation included a brief history of this Our next meeting on February 7th will Seattle / PNW organization that has evolved from the Continued on next page >>> Submitted by Captain Douglas Subcleff Army Transport Service to Chapter Secretary MTS, then MSTS and final- An impressive total of 19 were in ly MSC. He also described attendance at our December meeting. the four main ship groups: The guest speaker was Captain Tom Combat Logistics Force, Rogers, President of the Tacoma Youth Special Mission Program, Marine Foundation. Tom spoke about Repositioning Program and the new Tacoma Youth Marine Center located on the east side of the Foss Waterway, Port of Tacoma. Boats in their fleet include the 1931-built Charles N. Curtis, the 90-ft sailing yawl Odyssey and the 38-ft sailing and rowing gig Verite Photo: Doug Subcleff (replica of an 18th century French long- Left: Captain Tom Rogers, President of Tacoma Youth Marine Foundation. boat). Above: SPNW Chapter member Captain Richard Kirk, Master Captain Rogers spoke about the many of the USNS John Ericsson, gives a presentation on the Military years it took to develop the new Youth Sealift Command. Photo: Doug Subcleff

The Council of American Master Mariners, Inc. February 2013 Sidelights 9 Council >>>Continued from page 9 by the usual suspects. A motion was same as above was presented and dis- be our special Valentine’s Month theme made, M/S/A to accept the invitation of cussed with the campus and cadets. Mr. with special gifts for the ladies in atten- the USMMAAA Chapter to attend their Jan Flores, FSO manager for OSG, the dance. Our guest speaker will be Connie luncheon on the SS Jeremiah O’Brien on operator of the tankers made a nice Buhl, 1981 graduate of USMMA. She February 12. The guest speaker will be presentation of those shuttle tankers. will be speaking on the topic of women Col. James Helis (U.S. Army, Ret.), the Presentation was well received by fac- in the Merchant Marine. new Kings Point Superintendent. ulty, staff and cadets. Our many thanks to Petrobras Columbia River Los Angeles / Long Beach Americas (http://www.petrobras.com/ Submitted by Captain Tom Bradley Submitted by Captain Dave Boatner, en/countries/u-s-a/) for their presenta- Chapter Member Chapter President tion, and OSG’s Jan Flores for their Jones For the 2013 slate of officers, the The Los Angeles / Long Beach Chapter Act shuttle tanker demonstration and Columbia River chapter re-elected meets at noon the second Tuesday of the display (www.OSG.com). Captain Vic Faulkner as its President, month [except August] at Ante’s res- December 13, 2012 The Houston and Captain Dan Jordan as VP, and Captain taurant in San Pedro. We usually have Texas Chapter (one in the same) of Bill Good as Secretary/Treasurer. We anywhere from six to ten members in CAMM attended the MM&P holiday are pleased to say all members are paid attendance. Like many CAMM chapters, party at Brady’s Landing. A pleasant up for the 2013 year and welcome new LA/LB struggles to increase numbers at afternoon was had by all. It was good chapter member CE Paul Siracusa. local meetings. Our members take an to catch up with old shipmates, shake Luncheon meetings continue on the active interest in their profession and hands and say hello. Many thanks to 2nd Friday of the month at the Red Lion encourage all Masters living or visiting MM&P for hosting such a nice party Inn at the Quay, Vancouver, WA. in the area to participate in our monthly (www.bridgedeck.org). meetings. The Chapter has changed meeting San Francisco Bay Area times and dates for the remainder of the Submitted by Captain Klaus Niem Houston season to Feb. 21, March 21, April 18, Chapter President Submitted by Captain Michael Mc Cright and May 9, followed by a summer break. The December meeting finalized the Chapter President Meeting times change to 1130 hours; PDC & AGM. All guest speakers have On Nov. 27, 2012 we held a meet- location remains the Mary Moody accepted our invitations. The chapter ing with CAMM members at 1200 hrs. Northen Student Services Center, Private passed a motion by Captain Niem to and watched a Petrobras Americas pre- dining room. send a condolence card to the USCG and sentation of the Cascade and Chinook USCG Chief Petty Officer Terrell Horne Offshore Development, the first float- Mobile Bay III, who was killed by Mexican drug ing production, storage and offloading Submitted by Captain Mark Robinson smugglers of the Southern California (FPSO) in operation here in the Gulf of Chapter Secretary Coast. Captain Dave Boatner of the L.A. Mexico (GOM). The BW Pioneer, as the The chapter elected Captain Rusty Chapter graciously accepted to do this in FPSO is called, is serviced by two Jones Kilgore as its new president. Chapter the name of CAMM. Act tankers appropriately the named the meetings are now taking place at Felix’s Another motion was made, M/S/A for Overseas Cascade and Overseas Chinook. Fish Camp Grill on the Causeway in all Chapter members in arrears in their We had approximately 10 members Mobile: 1530 Battleship Parkway in chapter dues for more than two years, in attendance at this meeting on the Spanish Ft, Alabama. Meetings continue and to remain in good standing, to pay TAMUG campus. to be the 2nd Tuesday of the month at the annual dues starting 2013. At 1600 hrs. same day we held a 1300 hours. The January meeting was attended campus wide TAMUG ZOPT, and the

New Members Triple our Membership Drive

3331-RP Captain Nicholas J. Warmouth of Feasterville, PA Sponsor 3 approved new members and be eligible to Docking Pilot Delaware River Sponsored by Captain Joe Hartnett, #2193-R earn a free year’s membership dues! Ask your Chapter President for more details. Membership applications 3332-R Captain Albert Earl Bergeron of Harrison, ME Master of USNS Seay, USNS Shughart are available online at www.mastermariner.org. Please Sponsored by Captain Liz Clark #997-L remember applicants must include a copy of their current U.S.C.G. License for timely processing.

10 Sidelights February 2013 The Council of American Master Mariners, Inc. Baltimore / Washington, D.C. Chapter members attended the bers in Baltimore/Washington, D.C. and Submitted by Captain Joe Hartnett Baltimore Port Alliance (BPA) Annual the surrounding states to join our chap- Chapter President Bull and Oyster Roast at the Museum ter and assist in promoting CAMM in The chapter members who attended of Industry in Baltimore in January. The the mid-Atlantic. the last meeting approved two donations BPA is a non-profit group of maritime Our chapter would like to welcome for the holiday season. The first was to business representatives who share a Captain Nick Warmouth, Docking Pilot, the Maritime Industries Academy High common concern about maritime com- Moran Towing of Philadelphia who was School in Baltimore. We have recently merce in the Port Of Baltimore. recently approved for membership in partnered with the Baltimore City Public Chapter members also attended the CAMM. School system to assist at the academy Washington, D.C. Propeller Club lun- as needed. Our second donation was to cheon in January. The guest speaker New Orleans the Apostleship Of The Sea Ministry. was Major General Michael Walsh; Tampa Bay We have committed to support Rev. Deputy Commanding General for Civil Port Everglades / Miami Msgr. John L. Fitzgerald in his efforts and Emergency Operations; U.S. Army New York / New Jersey to assist visiting seafarers in the Port Of Corps of Engineers. No report submitted. ¶ Baltimore. Our chapter welcomes national mem- Dear CAMM, Titanic same Europe to New York route over a 7 month period, and I refer to the letter submitted by Captin A.K. Bansal of it is inconceivable that the White Star Marine Superintendent the Company of Master Mariners of India in the December would not have transferred some of the experienced and/or Edition of Sidelights. This letter referred to some thoughts Senior men from the various trades on the Olympic and placed regarding the loss of the Titanic and Costa Concordia, one in them on the Titanic. These men would have been placed on 1912, the other in 2012. I will address only the Titanic. the Titanic as outfitting proceeded. It should also be noted that Captain Bansal states that there was general gossip among the majority of the crew would have been drawn from the two seafarers around 1912 that it was the intention of the White ports, Liverpool and Southampton, these were the ports from Star Line to build vessels which could compete with others on which the majority of the liners crews were recruited as they the busy Europe to New York service and win the Atlantic Blue were experienced passenger liners crews. Ribbon. Well the two Cunarders, Mauretania and Lusitania, Therefore I doubt there was any confusion regarding both of 37,938 gross tons and 27.4 knots had, in 1904, already the crews, there was confusion among the passengers, who captured that prize and the Mauretania retained it for 22 years. refused to believe the ship was sinking, and despite urging of However the White Star Line did not propose to challenge officers and crew, would not board the lifeboats. The warmth Cunard on the basis of speed, they decided to build three and lighting on board the vessel looked to be far more com- new vessels, each of 52,000 gross tons, making them then the forting than the black and probably freezing waters of the largest vessels in the world and the most luxurious, and with North Atlantic. It would appear that the majority of the crew a moderate speed of 22-23 knots they expected to capture the remained at their posts, only 214 were rescued out of 885, and majority of the passengers on the above named run. some, if not all, would have been employed as crew manning The first of these new vessels was the Olympic, launched, fit- the lifeboats. ted out and trading seven months before the Titanic was ready, this latter vessel was an exact copy of the Olympic, but slightly Captain Geoffrey S. Vale, MA. more luxurious. The third vessel, the Brittanic, launched in Company of Master Mariners of Canada 1914, was in many respects different, having the advantage of adapting to new Regulations brought about by the sinking of PS. The oak panelling from the first class smoking room the Titanic. of the Olympic may still be seen in the ballroom of the White Yes, there were too few lifeboats for the number of crew Swan Hotel in Alnwick, Northumberland, England, which I and passengers, but I take issue with Captain Bansal about have personally seen and was impressed with the quality of the the ability of the 885 crew to carry out their duties. After all, workmanship. ¶ the Olympic, an exact sister, had made several voyages on the

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. February 2013 Sidelights 11 In the Council

CAMM Cadet sails on commercial vessel As a deck cadet attending the Texas Maritime Academy, I had the opportunity in the summer of 2012 to (including cadets) can use a Stop Work (the vessel has a DP-2 system), and even sail with Authority. The company even went as got my 30 days of familiarization signed H o r n b e c k far as to issue each cadet their own PPE. off and completed. While on the open Offshore At the conclusion of the orientation, sea, I was shown certain boat handling Services myself and the other cadets were shut- maneuvers and was even allowed to steer by Cadet (HOS). The tled down to Fourchon, La. to join our the vessel. Captain Billy and Captain Kevin Wakefield U.S. Federal respective vessels. Since my vessel had Johnny are natural teachers and were CAMM TAMUG Code allows not yet arrived, I spent the night on a always willing to answer any question Cadet Chapter cadets at the different HOS vessel. I was awakened at President state mari- 0800 by the mate on watch and told that time academies to sail on a commercial my vessel, the HOS Ridgewind, had just vessel for 90 days in place of sailing arrived. I grabbed my seabag and sextant for 60 days on a school training ves- and boarded the Ridgewind. sel. When the cadets at Texas Maritime The Ridgewind is a 265-foot OSV that Academy (TMA) had the annual “ship recently been converted from a frack- call” day in the spring, I chose to HOS as ing boat to a supply vessel. She seemed the company that I wanted to sail with. very new (having just come out of the Living and studying in Galveston, shipyard) and the crew accommoda- Texas, I first became cognizant of HOS tions were also in excellent condition. I when I would see their vessels around shared a room with another cadet, and in the docks near Pelican Island, where was assigned the 1200-0000 watch, while TMA is located. Their trademark black my roommate had the 0000-1200. I soon Photo: Courtesy Kevin Wakefield and orange boats caught my attention, met Captain Billy, and was given a safety HOS Ridgewind in dock. and I soon developed a keen interest briefing by the mate on my watch. Just with the company. I soon heard other as evening came, the Ridgewind received that I had. cadets talk about their positive experi- orders from the charterer to set sail for While the Ridgewind has all of the ence sailing with their HOS vessels on the drill ship. modern bridge equipment available, she their commercial cruise, and became The Ridgewind is a busy vessel, and still maintains the use of paper charts. I determined to sail with them. we never spent more than two days assisted the mates on chart corrections I was soon flown to New Orleans by in port. During my 92 days on the and learned how important charts can be HOS and put up in nice hotel located Ridgewind, I worked with and was men- in an age where there is an over reliance next to their home office in Covington, tored by two masters, Captain Billy and on electronic equipment. La. The following day, the other cadets Captain Johnny. Each captain works a HOS has a Streamlined Inspection and I were given a presentation on the 14/14 schedule, and proved excellent Program (SIP) with the Coast Guard, history of the company, as well as their mentors to a green deck cadet who had and I was able to shadow the mates policy and rules. One particular sub- never worked in the Gulf before. Both and engineers while they did their reg- ject which was stressed was the com- masters taught me how to operate bridge ular SIP inspections. This proved to pany’s safety policy and how a Job Safety equipment such as the RADAR and be invaluable, and showed me what is Analysis (JSA) must be completed before Noble Tec chart plotter. Prior to joining expected of an officer employed by HOS. every job. In the event that someone the Ridgewind, I took my DP induction However, the training did not stop with does that the job being performed is not course and was able to receive instruc- the licensed officers. The ABs taught me safe or up to HOS’s standards, anyone tion from the masters on the DP system how to start the FRC and how to oper-

12 Sidelights February 2013 The Council of American Master Mariners, Inc. ate the davit that launches it. I spent ty standards, and witnessed JSA being summer experience with HOS. They time working on deck with the ABs and completed for every job on board. The even wanted feedback on what could be learned the type of work and mainte- crew always wore PPE and every week better, but I had no complaints. I was nance that is required to keep a vessel the crew participated in safety meetings paid as an employee, was fed well, and like the Ridgewind in and weekly drills. The received first rate training on a state of pristine condition. vessel group manager vis- the art supply vessel. Upon the comple- One side of the off- ited the vessel every week tion of the presentation, the folks at HOS shore business that and made it a point to took us out to a nice dinner to celebrate made an impression on talk to each crew member the end of our cruise. me was how the mas- (including the cadets). I found my summer with Hornbeck ter communicated with At the end of my sum- Offshore Services to be an excellent the vessel’s charterer. mer commercial cruise, opportunity to see how the offshore Photo: Courtesy Kevin Wakefield Both captains were Captain Johnny with CAMM Cadet the other cadets and industry operates and what life on a always professional and Kevin Wakefield. I reported back to the work boat entails. I wish cadets could courteous with the oil home office in Covington, earn more than 90 days on a working company and ensured that all rules and and were again put up in hotel rooms vessel like the Ridgewind, and receive guidelines were followed and enforced. and provided meal vouchers. We were the type of mentoring that my captains These men could answer any question organized in small groups and told to gave me. With this type of training, about cargo space, liquid mud, and the put together a Power Point presentation perhaps cadets will be more adept to the deck cargo that was onboard. In short, for CEO Todd Hornbeck and the other demanding life at sea that we face upon Captain Billy and Captain Johnny knew senior officers of the company. While graduation. ¶ Ridgewind inside and out. presenting, Mr. Hornbeck and the other I saw firsthand of the company’s safe- officers listened to us talk about our CAMM in Action INTERNATIONAL ORGANIZATION OF Bulgarian Master jailed in Panama MASTERS, MATES & Captain Svetlozar Lyubomirov Sobadzhiev remains in Panamanian jail after drugs were found in the bow thrust- PILOTS, ILA/AFL-CIO er compartment in March 2011. Details can be found in Sidelights February and December 2012. CAMM aided ◊ Professional mariners in arranging legal counsel, and the Bulgarian Shipmaster ◊ State-of-the-art training Association continues to raise funds for his defense. ◊ A dynamic voice for the merchant marine

Views & Positions CAMM is working on three views to be voted into

Positions Statements at the national meeting in April: • Flag State Responsibilities in Incidents of Piracy. • Regulatory Burdens (encompassing those driven by STCW, Low Sulfur Fuel, Whale Strike Mitigation

and numerous other regulations. • Safety Infrastructure and Safety Guidelines for Arctic Navigation.

If you would like to add a view to this list, please email committee chair Ms. Lyn McClelland at positions@mas- Proudly serving in peace termariner.org. and war since 1880 Constitution and Bylaws Amendments

The committee is working on a few changes. Ballots Donald J. Marcus Steven E. Werse International International will be mailed prior to the AGM. President Secretary-Treasurer INTERNATIONAL ORGANIZATION OF 700 Maritime Boulevard, Suite B MASTERS, MATES & Linthicum Heights, MD 21090-1953 410-850-8700 www.bridgedeck.org PILOTS, ILA/AFL-CIO

◊ Professional mariners The Council of American Master Mariners, Inc. February 2013 Sidelights 13 ◊ State-of-the-art training ◊ A dynamic voice for the merchant marine

Proudly serving in peace and war since 1880

Donald J. Marcus Steven E. Werse International International President Secretary-Treasurer 700 Maritime Boulevard, Suite B Linthicum Heights, MD 21090-1953 410-850-8700 www.bridgedeck.org

In the Council

Passing the buck: Ten years on, the Prestige trial is more about money and blame than about finding answers

Reprinted with permission, and originally published in Lloyd’s List, January 7, 2013 Preface by Ten years is the passage of time since the ship, who with Captain Mangouras Father Oubre: the tanker Prestige suffered structural distinguished themselves in the emer- The grow- damage off the Spanish coast, break- gency, have probably wisely elected not ing use of ing up after having been denied a place to appear at the Spanish trial. There is criminal laws of refuge and forced into the stormy obviously a great deal at stake. by nations Atlantic by the authorities. What there is, even 10 years after these by Father to prosecute It took almost 10 years for the trial events, is a powerful memory in the Sinclair Oubre seafarers is a to begin in October. That itself, if you minds of all marine professionals of the CAMM Chaplain great concern believe that justice deferred is justice disgraceful way that the Spanish authori- #3220-A to CAMM denied, is nonsense and a disgrace. We ties treated the elderly shipmaster after and the Apostleship of the Sea. This con- are promised months more of this farce he was brought ashore, a survivor from cern was noted in the Pontifical Council in which the sorry saga will be replayed his sunken ship. for the Pastoral Care of Migrants and ad infinitum before 70 lawyers who rep- He was incarcerated like a common Itinerants’ 2012 Sea Sunday Message. resent the various parties. criminal, denied legal advice, denied There they noted: “We see seafarers work- Is it about justice... or money? Is it a return to his Greek homeland for ing in substandard conditions on board about blame? Is it about the truth, or months and treated as though he had old and rusted vessels, victims of crimi- the lessons that might be learned from wilfully wrecked his vessel. nalization, abandoned and often with the sequence of events that took place It was hard, sometimes, during this their salary not paid on time or not paid over six November days in the stormy period, to remember that we were deal- at all.” In the following article, Michael Atlantic? ing with a major European industrialised Grey of Lloyd’s List decries the criminal- If the latter, surely we know every state that subscribes to human rights ization of Captain Apostolos Mangouras. conceivable thing that occurred during legislation, not some third-world dicta- Since the shipowner, the flag state and this period and were long ago able to torship. the classification society could not be held draw conclusions about the ship and Whatever happens in this long- responsible by the Spanish government, its handling during the emergency; the delayed trial, it will be impossible to they have turned their attention to placing abandonment, reboarding and the role forget the appalling official treatment of all the responsibility on the captain. of the salvors, the authorities’ orders to this survivor from a shipwreck. the tugs to take the ship away from the Mind you, the treatment of Captain WHAT were you doing 10 years ago; coast, into the worsening weather. Mangouras is mirrored in other places could you go into a witness box and I would suggest that it is all about and other incidents around the world provide a factual, convincing record money and blame, the two closely con- during these past 10 years. Such behav- of events that took place in November nected in what has become an over- iour, with the master of a ship regarded 2002? politicised effort to blame everyone but as easy meat by authorities looking for Talk to our friends at the UK Marine the Spanish government and land the somebody to blame, is almost institu- Accident Investigation Branch and they insurers of the ship with a bill for around tionalised. will tell you that people’s recollection of $5bn. International Federation of events just days after an incident often Conveniently available for the largest Shipmasters’ Associations general sec- bears little resemblance to what really part of the blame is 79-year-old mas- retary John Dickie has suggested that happened, as evidenced by the vessel ter mariner Apostolos Mangouras, who in this trend towards criminalising the data recorder. faces, if found guilty, a prison sentence master, the common rule of English law That is why, they say, VDRs have revo- of 12 years. that holds one innocent until proved lutionised accident investigation. The chief officer and chief engineer of guilty no longer applies.

14 Sidelights February 2013 The Council of American Master Mariners, Inc. The master is held responsible these days for so many things over which he has little or no control, whether it is the weight and contents of sealed containers to the torpedo of cocaine that has been clamped by criminal frogmen to his Captain William T. Lyons #599-R ship’s bilge keel in a foreign port. Captain William T. Lyons, retired Panama Canal Pilot, died on January 6, 2013 He is expected to operate his ship in Jacksonville Florida, age 86. with inadequate crew numbers, at the Born in San Francisco on May 8, 1926, Captain Lyons first shipped out in the beck and call of chartering clerks who U.S. Merchant Marine at the age of 17. He attended the last wartime class at the demand that he sails into the teeth of a Maritime Service Officers Training School, Alameda, California where he earned gale with his deck cargo unlashed and his Third Mate’s license. threaten him when he tries to stick to his He received his Unlimited Master’s license in 1952, and sailed as Master with loading plan in the bulk terminal. the Military Sea Transportation Service (now Military Sealift Command) in Far Small wonder that a growing number Eastern waters. of professionals are leaving the sea, or Captain Lyons joined the Panama Canal Company in 1961 where he served as refusing promotion with the apparent Pilot, Assistant Port Captain, Pilot Training Officer and Marine Administrative risks it brings. Officer. It was a couple of years ago that a After retirement from the Panama Canal Company in 1976, he attended Florida very senior shipmaster noted that he State University College of Law, graduating and being admitted to the Florida had been at sea for more than 40 years, Bar in 1979. He was employed as a consultant in navigation, ship handling and nearly 30 in command, and “every b**** marine licensing by law firms and government agencies. He assisted in prepar- on the end of a telephone or email thinks ing course material and teaching ship handling to the first classes at the Ship they know more about running my ship Handling Simulator at the Maritime Institute of Technology and Graduate Studies than I do”. at Linthicum, Maryland, and piloted cruise ships in Southeastern Alaska during The irate shipmaster was, I thought summers from 1983 to 1991. then, on to something. But let us keep a He was predeceased by his wife, the former Virginia N. Keller. very close eye on that Spanish trial and what develops there over the next few Captain Francis Haggerty #1615-R months. Francis M. Haggerty crossed the bar on August 17, 2013. He was a resident of Captain Mangouras has become, Sciota, Pa., who last sailed for Sealand Services Inc. as master of the MV Sealand whether he likes it or not, something of Pacer. He served in the Merchant Marine during World War II and performed symbol. ¶ two years of active duty as a commissioned officer in the Navy in the 1950s. In addition to CAMM, he was a member of the Marine Society of the City of New York and the Boston Marine Society. In his free time, he enjoyed gardening and amateur radio. He is survived by his wife and two children. Apostleship of the Sea - United States of America Captain Clifford O. Bergstrom #2773-R Clifford O. Bergstrom, 93, of Seattle, Wash., crossed the bar on August 30, 2012. The professional association of He last sailed for Matson Navigation Co. as second mate aboard the SS Manulani. Catholic Mariners and the official He enjoyed his 1961 Metropolitan classic car, spending time with family and Organization for Catholic Cruise friends, and collecting posters. His wife of 44 years, Helen, survives him as well as Ship Priests and Maritime Ministers three children, two step-children, and eleven grandchildren. ¶

Please contact us if you are interested in becoming an AOS-USA member! “With ghosting sails we can glide along over water that 1500 Jefferson Drive scarcely shows a ripple and the feeling is one of calmness Port Arthur, TX 77642 [email protected] and tranquility.” Voice: 409.985.4545 — Hal Roth www.aos-usa.org

The Council of American Master Mariners, Inc. February 2013 Sidelights 15 In the Industry

Piracy Daily: The latest news on piracy and attacks against vessels, seafarers

Among the many problems the maritime world still faces day-to-day in this Information Age is the lack of report- com), part of the Internet TV Channel Law Association of the United States ing on the on the TV Worldwide Network, not only and a fellow CAMM member. “But I also scourge of used the occasion as the latest Webcast think that those must be supplemented piracy. in its Piracy Mitigation Strategies series, very strongly with private armed guards, But now, but later reported that panelist commen- because this is where the suppression by William H. Watson Piracy Daily tary had meant its program was attract- occurs, the tactical suppression, right #3256-A (www.pira- ing “significant international traffic.” there, right then at the spot.” cydaily.com), a new online publication In his keynote address, McKnight, “If governments of legitimately consti- created in the United States, seeks to the author of Pirate Alley: Commanding tuted states are not going to be govern- pull together both real-time news and Task Force 151 off Somalia, underlined ing the ocean then it will be governed opinion about a scourge that arguably the fact that “the people who have paid by whoever has the most firepower to has come to represent “the gravest threat for the armed security teams have not be there at the time,” added Charles to world trade in decades,” while serving been hijacked.” N. Dragonette, a recently-retired senior “as a catalyst for those in the fight against “We cannot afford to have the conta- advisor on piracy at the U.S. Office of a phenomenon that once again appears gion of the violation of the rule of law Naval Intelligence. “It was the Somali to have ‘metastasized’ globally.” spread with piracy and I fully agree pirates for a while… It will now be the While only officially launched in with Admiral Knight that we’ve got to private maritime security companies.” January 2013, Piracy Daily seems to have Navies doing this, Navies who can Martin Edwin Andersen, editor be making good on its promise to pull afford to do this,” stated another speaker, of both Piracy Daily and the Piracy together real-time news gathering from Dr. John A.C. Cartner, the designated Daily Bulletin, moderated the event. around the world, together with com- Proctor in Admiralty by the Maritime Andersen, a veteran foreign correspon- mentary and analysis from some of the world’s leading experts and people who, it notes, work today on maritime front lines. AdvanFort was the sponsor of Piracy Daily’s inaugural event. Held in early January at the National Press Club in Washington, D.C., RADM (ret.) Terry McKnight, the first commander of mul- tinational Task Force 151, two other well-known maritime security experts and myself addressed the subject of “Maritime Security: Today’s Victories Photo: Courtesy William H. Watson and Tomorrow’s Challenges.” Charles Dragonnette, retired after over four decades at the US Office of Naval Intelligence, Perhaps indicative of just how impor- describes challenges for both the world’s navies and the maritime industry in combatting piracy tant the issue is becoming, particularly during a panel discussion in January at the National Press Club. Also on the panel are (left to right): Martin Edwin Anderson, editor of Piracy Daily and moderator; RADM Terry McKnight, U.S. with new threats arising now in West Navy, Retired; John A.C. Cartner, a CAMM member and noted maritime attorney and author; and Africa, Maritime TV (www.MaritimeTV. William H. Watson, a CAMM member, president of AdvanFort and a noted expert on piracy.

16 Sidelights February 2013 The Council of American Master Mariners, Inc. dent and a former professor at the National Defense University, under- scored the fact that the publications had been created as a critical resource for understanding a centuries-old The Problems with (and the first recognized) international crime against humanity. He later Private Navies reported that, “We’re excited about the strong interest level in our content since we’ve launched.” The notion that a private “The mission of Piracy Daily is to navy can be effective against keep government officials, security professionals and others ‘in the loop’ pirates is alluring. about the starkly contrasting worlds of piracy and counter-piracy,” Andersen The reasons a licensed reprisal recorded in England added. “It will put specific stories into it is hard was in the year 1295 under the reign of a needed larger context about where to do are Edward I. the threats are, how they are changing, daunting. This is all a nice way of saying that and what counter-piracy efforts can by Captain This is not- vessels under letters of marque may rob, do and need to be done to anticipate Dr. John A.C. Cartner withstand- steal, plunder and take vessels of other and defeat these deadly challenges.” #2574-R ing that for designated states in lieu of the issuing “Although admittedly an overly- long periods of history our ships sailed state’s naval actions. The reprisal is the used phrase, ‘lessons learned’ are key armed to protect against marauders or part that allows the lettered vessel to take here and are part of our news mix.” to attach them. Nowadays, the notion actions against the foreign state for woes One attendee of the conference later that violence of this sort is a monopoly it has inflicted on the issuing state and to reported that she quickly had become of the state tends to prevail. Thus, navies cross borders to do so. a critical fan, noting that the publica- under international law are run by states Things and vessels taken under let- tions’ launch began by its panel of or recognized political entities. Private ters are adjudicated in a prize court. participants offering, “different and entities are neither. Hence, under the The taker gets a cut and the state gets a unique viewpoints based on their rubrics of international law there is no cut. This is roughly analogous to cross individual experience in the maritime such thing as a private navy. This does between licensed mercenaries at sea industry.” not stop some from trying, especially for authorized by a state and proper salvors Danielle DiBruno, managing direc- purposes of the suppression of pirates. who use force to salvage whether the tor of Mobile Defense Systems, noted A private navy then is not an armed salved wishes to be salved or not. that “piracy, if left unfettered, will con- vessel or group of vessels authorized by Unfortunately, while letters of marque tinue to plague the international econ- a state. That requires a letter or letters have a long past and a curious history, omy” and therefore solutions such as to each vessel of marque and reprisal. the last one was issued by the Crown those involving public and private sec- Those ancient and hoary documents in the nineteenth century. It is doubtful tor cooperation were needed to play a allow private vessels – not persons – to that will be done again. This is because vital role. be licensed by a sovereign to do its bid- the Congress of Paris at the end of “Piracy Daily is a must read online ding in projecting state power at sea. the Crimean War produced the Paris publication for anyone who cares Edward III issued the first ones in 1354. Declaration of 1856 renouncing priva- about the global problem of piracy They were preceded by Henry III’s more teering worldwide. Eventually 45 states and until now, the unreported impact limited privateering licenses issued per- signed on not including, as one might it has on our American way of life,” sonally in 1243. That concept merged expect, the United States. DiBruno added. “Kudos to Piracy after a time until the modern letters of What does this mean? Aside from Daily for understanding the need to marque and reprisal arose in late Tudor there being no lawful way to have a pri- draw public attention to the piracy England. Grotius averred that letters of vate navy absent a sovereign to sponsor problem and the trickle down effect it marque and reprisal were analogous to one, private navies are none other than has on our global economy!” ¶ private war. A reprisal involved seek- privateers without license. Hence, they ing the sovereign’s permission to exact are pirates. What a fine kettle of fish — William H. Watson is a member of private retribution against some foreign pirates suppressing pirates. CAMM and is president of AdvanFort. prince or subject. The earliest instance of Continued on next page >>>

The Council of American Master Mariners, Inc. February 2013 Sidelights 17 In the Industry

Private Navies>>>Cont’d from page 17 the United States recognized the letters. guard merely lets the word out that the How can this be? The law tends Letters of marque and reprisal do not vessel is armed and shows its arms to overtime to be seamless. It is a fairly contemplate interesting and safe indoor those who might wish to board and the well settled rule of international law work. putative boarders are thereby deterred, that within that seamlessness compris- Modernly, privateers by the terms of then there is no killing. If the putative ing understandings among and within their letters were required to obey the boarders commence fire and endanger states that the private killing of a private laws of war and defer to treaty obliga- those aboard, return of fire is defensible person with intent to kill is unlawful. tions and to treat captives courteously as self-defense although the killing, if There are defenses such as self-defense, and kindly. Failure would result in the one occurs, must be defended after the however, that act is defined in its worst admiralty court’s revocation of the let- fact because it is not allowed before the context as murder. In lesser degrees such ters and refusal to award prize money or fact. killing is voluntary manslaughter. It does permit the forfeiture of bonds or award Rep. Ron Paul submitted a bill to not matter whether it is on the high seas, damages in tort against the privateer’s Congress in 2001 and again in 2011 to nowadays called international waters, or master, officers and ratings. authorize letters of marque and repri- not. Flag state law prevails on every ves- What if the vessel were not flagged? sal. Each failed to pass committee. So sel properly flagged. Hence, under flag That kind of vessel is a stateless vessel if one wishes to be a private navy he or state law, with no apparent exceptions, and is open prey to any state wishing to she must as if that hard-earned capi- private killing is private killing and that declare it so and seize it. A stateless ves- tal should be put there. It is a perhaps is unlawful. sels is similar to a stateless person – no romantic bet which would make good This historically did not stop priva- flag is a real problem. No passport, by movies but it is not a sure bet — and teers under letters. For example, the analogy, is a real problem. Therefore, one should never believe everything in a state of Texas when it pretended to be one must have a flag the way the system press release. ¶ a sovereign issued letters in a flag-of works. convenience play to pirates such as How do the armed guards get around © 2013 John A C Cartner, all rights Jeanne Lafitte. The Confederate States of this? Armed guards carry small arms. reserved. John A C Cartner is an unre- America issued them to their blockade That is different than arming a vessel stricted master mariner (US) and mari- runners. The United States declined to with naval gunnery. There is no law time lawyer practicing in Washington, recognize them until after a capture. that says one cannot have armed guards D.C. and practising in London and is the President Jefferson Davis advised that on a commercial vessel in international principal author of The International Law his government would hang one United waters if flag state law allows it. The of the Shipmaster (2009): Informa Lloyds States officer for every Confederate pri- rules against premeditated contract kill- and works on piracy. He can be reached at vateer hanged as a pirate. Thereafter, ing still prevail. However, if an armed [email protected].

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18 Sidelights February 2013 The Council of American Master Mariners, Inc. NOAA’s Navigation Response to Sandy Speeds Resumption of Port Operations

In October 2012, the hybrid cyclone-nor’easter known as Hurricane Sandy roared onto the mid-Atlantic Coast.

The reach of developed physically realistic models after storms and other damaging events, the storm was that captured the large scale of the sys- pulling high-tech survey vessels from astonishing, tem, giving forecasters more realistic their normal schedules and deploying submitted by with rain and scenarios of the storm’s devastation. As them to ports that need help. In addi- CMDR (Ret.) high winds a result, forecasters could better assess tion to four survey ships and additional Michael Henderson from the East how tides and Sandy’s complex winds research vessels, NOAA has six three- NOAA Office of the Coast to the would affect flooding. man navigation response teams, strategi- Coast Manager Great Lakes To provide situational awareness cally positioned along America’s coasts, #3239-A and snow on water, the Center for Operational which use 28’ Sea Arks equipped with across the Appalachia. Wind, waves, Oceanographic Products and Services multibeam and side scan sonar systems. and storm surge from Hurricane Sandy (CO-OPS) maintains a network of When it looked like Hurricane Sandy wreaked havoc especially along the oceanographic and meteorological sta- was going to threaten America’s ships, coasts of New York, New Jersey and tions along the U.S. coastlines and Great ports, and mariners, Coast Survey Connecticut. Lakes to monitor water levels, winds, launched into rapid maritime response, The men and women in NOAA’s barometric pressure and air/water tem- working in close coordination with the National Ocean Service helped ports perature. As Sandy approached, CO-OPS U.S. Coast Guard. Two objectives stood and coastal communities prepare for, regularly updated a “Storm QuickLook” out: move navigation response personnel and recover from, Sandy’s devastation. so the public and emergency responders and assets into position to move quickly had web access to observations and tidal once Sandy moved out; and batten down Preparing for the Historic predications. survey vessels, to protect them from Storm The National Ocean Service also storm damage. As Sandy approached, the entire East coordinates the U.S. Integrated Ocean On October 26, when Sandy struck Coast needed to know, with as much Observing System (IOOS), which pro- Cuba, Coast Survey assessed the readi- precision as possible, what to expect vided hourly updates from wind, wave, ness of its navigation response teams, from storm surge. Observations of water visibility, and air and water tempera- survey vessels, and equipment available levels, currents, and real-time weather ture sensors. IOOS partners along the to search for underwater dangers to information are always essential to prep- East Coast also supplied high-frequency navigation and to detect shifting sea- arations for response to storm tides and radar ocean current data and coastal floor bottoms. As Sandy turned to the coastal flooding. But Sandy was differ- wave forecasts. northeast off the coast of Florida, and ent. Forecasters use models to analyze a conditions went downhill, Coast Survey storm’s impact, but limitations in exist- Deploying for Rapid deployed personnel and hydrograph- ing storm surge systems challenged the Maritime Response ic survey assets. In the early days of forecasters. Sandy exceeded the size of The Office of Coast Survey used this the approaching event, a Coast Survey operational hurricane surge models and information, and more from NOAA’s navigation manager embedded with the its large, complex wind field was hard to National Hurricane Center and the Incident Command Center in north- reproduce. In addition, tides contribute National Weather Service, to pre-posi- ern Florida. When the storms’ trajec- to flooding but they were not explicitly tion navigation assets so they could tory started indicating a more north- included in many surge predictions. move quickly into port areas that would erly route, Coast Survey quickly pivoted To address Sandy’s unprecedented need surveys in order to resume opera- and embedded navigation managers at challenges, scientists with the Coast tions. Coast Survey regularly responds U.S. Coast Guard Incident Command Survey Development Laboratory quickly to requests for quick navigation surveys Continued on page 20 >>>

The Council of American Master Mariners, Inc. February 2013 Sidelights 19 In the Industry

NOAA >>>Continued from page 19 maintenance, and the crew worked water borne obstructions that forced Centers for New York – New Jersey and feverishly to complete the work and test a partial closure of the port. Working for Delaware Bay. They also worked with systems: they were able to get underway with the U.S. Coast Guard Maritime Coast Guard Captains of the Port for once the storm passed. Bay Hydro II Transportation System Recovery Unit, Virginia, Baltimore, and New England. surveyed in the Hampton Roads area, NOAA navigation managers and sur- checking channels needed by coal ship- veyors needed to provide near-real time Reopening Ports—the ments and aircraft carriers at Norfolk, updates on underwater object detection. Lifeline of Recovery while Hassler surveyed the deeper chan- NOAA Ship Thomas Jefferson broke Chesapeake Bay nels. away from their regularly scheduled sur- On October 29, while the storm was The timely resumption of port opera- vey in Long Island Sound and started out battering New York and New Jersey, tions proved vital for East Coast ship- for New York Harbor. Thomas Jefferson Coast Survey focused on navigation sur- ping, as the port began receiving cargo transited through the night to New York veys to restore maritime commerce in diverted from the Port of New York and Harbor, where they began surveying the Chesapeake Bay. The need for hydro- New Jersey, with more than a thousand at 3:12 in the morning of November graphic surveying was critical, as there containers offloaded on the first day of 1, looking for the sunken containers, were 78 large vessels, including portions full operations. debris, and shoaling. In the darkness, of the U.S. Navy’s Atlantic Fleet, waiting using high tech side scan sonar, Thomas to transit through the Bay’s entrance. Delaware Bay and Delaware River Jefferson conducted the hydrographic Ships carrying coal exports were waiting The Coast Guard Sector Delaware Bay survey of the designated areas on the asked for a survey of Hudson River. Marcus Hook anchor- Earlier, one of NOAA’s naviga- age on the Delaware tion response teams mobilized from River, and one of Connecticut and got underway in New NOAA’s six naviga- York at first light on October 31, sur- tion response teams veying Anchorage Channel. With the was able to conduct information provided by the Thomas after completing their Jefferson’s survey, combined with ear- surveys in the Port of lier work conducted by the navigation New York and New response team, the U.S. Coast Guard Jersey. The Research Captain of the Port opened the port to Vessel Potawaugh fuel barge traffic early on the morning of surveyed for shoaling November 1. that could pose a risk Thomas Jefferson then moved to the to safe navigation for Anchorage Channel, and two of her the Cape May – Lewes smaller vessels – also equipped with ferries and other ves- high-tech survey equipment – started sels. By comparing surveying at daybreak; one conducting a Photo: Courtesy NOAA Thomas Jefferson retrieves SSS after surveying Hudson River for new depths with pre- reconnaissance survey in the Buttermilk resumption of fuel barge traffic. vious depths, NOAA Channel, to locate sunken containers; discovered some and the other checking for shoaling in for clearance. The Coast Guard Captain extensive shoaling, which was promptly Sandy Hook Channel. The navigation of the Port for Hampton Roads asked reported to the Coast Guard for their team turned their attention to the next NOAA to survey critical portions of decision process. priority: the route up to the Manhattan Thimble Shoal Channel and Chesapeake cruise ship terminal, where two cruise Channel, the deep draft routes to the Port of New York and New Jersey ships needed to depart. ports of Hampton Roads and Baltimore. After Sandy cleared out, restoring fuel Meanwhile, another navigation Coast Survey had deployed R/V Bay flow into the New York area was a top response team broke off their regularly Hydro II to Norfolk in preparation for priority, as people were waiting for hours scheduled surveying off Florida’s coast, response, and the vessel was ready to to buy a small ration of gasoline. Tank and headed north to help in NY/NJ. The begin surveys as soon as the storm barges and ships carry tens of millions team arrived late at night on October 31, passed and water conditions were appro- of tons of petroleum products through and started their first surveying at day- priate. NOAA’s newest survey ship, the the Port of New York and New Jersey, break on November 1. They searched for Ferdinand R. Hassler, was in port for but barge deliveries were hampered by dangers to navigation between Global

20 Sidelights February 2013 The Council of American Master Mariners, Inc. Marine Terminal and Port Newark. updates. Surveying after hurricanes is sary, Coast Survey will follow up with In the following days, NOAA surveyed largely a search for dangers to navi- further surveying. Remote photographic the East River, Church Hill Channel, gation — wrecks, debris, shoaling — assessments taken after the hurricane Gravesend Bay, Kill Van Kull, Author in high commercial transit areas. The are factors, along with local requests, in Kill, and Port Elizabeth and Port Newark surveys are done quickly, often under prioritizing surveys for chart updates. ¶ in Newark Bay. less-than-perfect ocean conditions. The NOAA’s surveys comprised 82% of surveyors look for changes that would For more on NOAA National Ocean the total survey requests for the port. affect maritime traffic. If one of the Survey response to Hurricane Sandy, go to They searched approximately 20 square survey teams detects changes that may http://oceanservice.noaa.gov/news/week- nautical miles – representing about 70 necessitate a chart change, they inform lynews/oct12/nos-response-sandy.html miles of shipping lanes, channels, and the Coast Guard through a notice to Check out the NOAA Coast Survey blog terminals ‒ to find hazards to navigation. mariners. They will also provide high- for continuing updates on surveys and The surveys detected numerous hazards quality document documentation to charting. http://noaacoastsurvey.word- to navigation and located lost contain- Coast Survey cartographers or, if neces- press.com. ers throughout New York Harbor and her approaches, on which the Coast Guard was able to act. Capturing Devastation Imagery to Help Recovery and Rebuilding As soon as they could fly, the National Geodetic Survey conducted aerial photographic surveys of the battered coast. Crews flying in NOAA’s King Air and Twin Otter turboprop aircraft surveyed over 3,000 miles of coastline, and collected and processed over 10,000 images to document coastal damage and impacts to navigation. (See images at http://storms.ngs.noaa.gov/ storms/sandy/). FEMA uses NOAA’s imagery to assess damages, expedite claims from the public, and project tem- porary housing needs. The imagery also helps emergency and coastal managers develop recovery strategies, facilitate search- and-rescue efforts, identify hazards to navigation and HAZMAT spills, and locate errant vessels. By comparing before-and-after imagery, the public can assess damage to properties in their community. The imagery, combined with Coast Survey’s hydrographic survey information, will help NOAA prioritize future nautical chart

The Council of American Master Mariners, Inc. February 2013 Sidelights 21 In the Industry

How Integrated Ocean Observations Matter for Mariners

You use charts to navigate. You check the weather forecast to know when conditions are safe. You may visit larger ships with deeper drafts approach operator and the people of Lāna‘i. submitted by a website ports. In response, the Pacific Islands Ocean Jennie Lyons to find out Another example comes out of Hawai‘i, Observing System (PacIOOS, an IOOS U.S. IOOS Program what ocean where IOOS data delivered from a buoy region) and the University of Hawai‘i Communications currents are located outside Kaumalapau Harbor, the deployed a wave buoy just outside the Specialist doing, learn main harbor of Lāna‘i, is saving mari- harbor in 2007. Since the deployment, about the stage of the tide, or obtain ners time and money. The Kaumalapau barge operators know ahead of time sea surface temperature before heading Harbor is the most exposed out on the water or into port. No matter harbor in the State of Hawai‘i. what sector of the maritime industry you The Lanai Oil Company autho- are in, you rely on ocean and coastal data rized fuel barges to enter the and information. harbor to discharge 24 hours The U.S. Integrated Ocean Observing prior to arrival (Young Brothers, System (IOOS®) is expanding the amount Limited now owns the deliv- of ocean observing data available in our ery portion of the company). nation’s waters, testing and making new Knowing expected surge con- technologies operational, creating standards and protocols so different types of data are compatible, and then turning all that data into useful tools and products that we as a maritime community need every day. For starters, ocean and coastal data are turned into the tools and products that Photos: Courtesy The Pacific Islands Ocean Observing System are critical for the safe passage of vessels PacIOOS wave buoy pre and post deployment off Lāna‘i Island in Hawai‘i. and efficient harbor navigation for port managers and the maritime community. when they can safely make the trip and For example, IOOS paired currents data no barges have returned without making collected by radar systems with existing the drop-off. In addition to saving the wave data to create a user-friendly web- barge companies money and time, there site providing vessels with up-to-date sea ditions in the harbor for the barge’s is the benefit of increased safety and effi- conditions as they approach the Port of arrival is critical. In years past, 2–3 ciency and reduced threats of damage to Long Beach, California. This informa- fully-laden barges per year returned to the barge and risk of oil spill. tion can reduce the risk of accidents in Honolulu because ocean conditions were IOOS data is also serving mariners high-traffic areas. Knowing the latest sea too rough for the barge to safely enter in the Arctic. One good example is a conditions will become more important the Harbor to discharge. Each time a full new weather sensor on Portland Island. as climate change increases the number barge returned to Honolulu, it cost about The Marine Exchange of Alaska recently and severity of coastal storms and as $22,000, a large expense to the small fuel installed the sensor in support of an

22 Sidelights February 2013 The Council of American Master Mariners, Inc. Alaska Ocean Observing System (an IOOS region) initiative to expand weather sensors and enhance the dissemina- tion of weather data to mariners using the Alaska Automatic Identification System. The new weather station, located in the vicinity of Juneau, is the fourth such weather station installed in support of the initiative. The others are located at Homer, Mary Island, and Marmion Island. The weather data feeds to the National Weather Service network. Mariners can access the data to decide when conditions are safe to head out on the water. The U.S. IOOS is a coordinated national, international, regional and local network of observations, modeling, data management and communications. Graphic: Courtesy The Pacific Islands Ocean Observing System IOOS may not be a word in your every- PACIOOS wave buoy data. day vocabulary. But we are providing the knowledge society needs to protect life Users can select map layers to show make decisions to improve safety, eco- and property, sustain a growing econo- nautical charts, marine hazard warnings, nomic performance, and environmental my, safeguard ecosystems, and advance and habitat maps such as Essential Fish protections. quality of life for all people. Habitat and Marine Protected Areas. Before, during, and after Hurricane The range of ocean data products The site addresses a request from the Sandy, U.S. IOOS partners — including has dramatically increased and they are community to provide this information NOAA’s National Data Buoy Center, U.S. available through informative portals in one place, helping users plan safe, Army Corps of Engineers, NASA, and customized to meet user needs, such as productive, and efficient voyages. the IOOS Regional Associations — pro- those from the IOOS Regions. These Another example comes from the vided vital information to help coastal portals provide access to thousands of Central and Northern California Ocean authorities prepare for, mitigate, and coastal and ocean data sources and regu- Observing System (an IOOS region), respond to storm tides and coastal flood- larly experience up to tenfold increases where scientists added more than a ing. During the storm, IOOS sensors in site visits during extreme events, such dozen upgrades to a mobile data por- recorded near real-time information as Hurricane Sandy, demonstrating they tal last year. Changes include locations by both land and sea, monitoring the are now trusted sources of ocean, coast- and links to real-time data for 32 high- Hurricane to deliver the latest informa- al, and Great Lakes information. frequency radar stations that measure tion on surface conditions via a new The Gulf of Mexico Coastal Ocean ocean surface currents from the shore- website. Observing System (an IOOS region), for line, four new National Weather Service No matter what part of the maritime example, recently repackaged real-time wind stations, and a link to the data por- industry you are in, you rely on the data into a website that includes seven- tal’s mobile iPhone and Android apps. ocean and coastal data collected from day oceanographic and meteorological Visitors can obtain regularly updating our nation’s waters for safe navigation conditions and forecasts. The product views of the coast from six mapped and to inform your business operations. concept emerged during stakeholder webcams, utilize a new graphing system IOOS is working to collect more infor- workshops targeting boating and fishing with quicker data plots and depth mea- mation to develop additional tools and communities. Incorporating informa- surements, and differentiate among real- products specifically geared towards tion from GCOOS data providers and time (within 24 hours), inactive, and your needs. Help us make IOOS work several NOAA offices, the suite of infor- non-real-time data. Users can also apply for you by getting in touch with your mation offered includes near real-time two new map filter drop-down menus or local IOOS region and getting involved. weather radar, satellite cloud coverage, a new option to display the name, mea- Find out more on our website at www. sea surface and air temperature, wind surements, and organization responsible ioos.gov. ¶ speed and direction, surface current for an asset. The portal provides easy speed and direction, and water depth. access to information data users need to

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

The Articulated Tug Barge (ATB) Quandary

Oil tankers and cargo vessels face a number of oil spill prevention regulations, especially along the U.S. coast.

Surprisingly, port with the wind blowing 25+ knots ment and inclement weather, so it would many of the accompanied with 10+ foot seas. These most likely break the tow couplings. regulations are not the safest conditions for crew or If another sizable tow boat were not by Captain Jeff Cowan govern- the environment if the barge grounded. enroute, the U.S. could have a replay of #3070-R ing T-2 and An advantage an ATB has over a regu- the 1996 North Cape barge incident that T-3 sized tankers which carry between lar tug and tow barge is that it can take resulted in the release of 828,000 gallons 120,000 and 146,000 bbls of oil do not weather better allowing for a tighter of home heating oil. apply to the new Articulated Tug Barges schedule (though weather is still a great Another advantage to ITB/ATBs is (ATBs) that may carry as much if not concern). Since the tug for an ATB is cost savings from a reduced crew com- more (400,000 bbls). The ATB tug has notched (secured) to the barge while plement. Crewing aboard an ITB/ATB a “hinged” connection system which pushing and the tug is lighter than the ranges from eight to twelve depending allows movement in the fore and aft barge, the motion of the tug and barge upon routing compared to the 25 to (pitch) as compared to an Integrated Tug is much different. The barge could be 30 for a typical coastal tanker. Most of Barge (ITB) that locks together in forma- going up a swell or sea while the tug is the ATB tugs are less than 500 gross tion, essentially making one unit. going down. registered tons so when compared to The most popular ATB system is the But the cost advantage is mitigated ships, they allegedly do not need to carry Intercon system that uses large rams because as one industry insider said, they the same number of crew and in some (pins) embedded into the hull of the tug add an additional one to two days into instances do not have space for addi- that come out to engage the sides of the the schedule when chartering an ATB. tional crew. Interestingly, ATBs claim to barge notch, allowing the tug to pitch If the ATB exceeds the physical limits of be able to do all the things a coastwise at a different rate than the fully laden the pins, and it comes out of the notch tank ship can but with fewer people, and barge. due to breakage, etc., it creates a rolling usually only one engineer. In the not too distant past, the U.S. motion or pendulum effect in quarter- The lack of crew aboard an ATB com- coastwise trade was handled by tugs with ing and beam seas. Some ATBs do not pared to a tanker raises the question: barges towed on a long tow line. The have a lower wheelhouse but do have an If an ATB can do all a tanker can, quarters were cramped and the motion emergency steering station to keep the what tasks are not done that allow for very uncomfortable. Not to mention, poor souls out of the higher wheelhouse fewer crew? Industry consensus says they were slow and subject to weather pendulum. If out of the notch, an ATB these “ships” (when connected) are con- delays. One advantage these traditional must then try to control the barge via the structed to take advantage of a loophole tugs had over ships involved within the traditional towing arrangement or tow in the law. U.S. coastwise trade was lower operation wire, except the newer ATB tugs do not Since these boats do not travel more costs, mostly due to fuel consumption have the towline reels. than 200 miles from the U.S. coast and and manning, but they had the dis- On some tugs, the insurance wire not engaged in international voyages, advantage of the inability to maintain would already be attached if they became they are not subject to the International schedule due to weather. As an example, unnotched. Except for the lack of a tow Standards of Training, Certification and imagine shortening a tow to make the reel with wire, there would be no cate- Watchkeeping (STCW) nor will they be barge more manageable for going into nary to absorb the shock of barge move- subject to the upcoming Maritime Labor

24 Sidelights February 2013 The Council of American Master Mariners, Inc. Convention 2006 (MLC 2006) guidelines level when involved in coastwise trade operations with a small crew (8), what coming into effect 20 August 2013. But, with numerous port calls/evolutions? shortcuts must ITB/ATB operators take? since most of these ATBs transport oil, In addition, due the limited size of In the 1990s, the State of Washington they fall under the auspices of the Oil these boats, they do not have the capac- tried to mandate as part of their Best Pollution Act of 1990 (OPA 90). OPA ity to carry enough spare parts or sus- Achievable Protection Regulations that 90 requires the crew have 36 hours rest tain an effective machine shop, so shore two licensed deck officers be on duty with in any 72-hour period but may work crews perform most of the maintenance a helmsmen and lookout while navigat- longer. Crew may work up to 15 hours and repairs. What happens at sea when ing or at anchor in state waters (among in one day but must have compensatory one of the generators is lost and a cargo/ other practices). The Independent rest within the remaining two days (i.e., ballast pump ceases function simultane- Tanker Owners (Intertanko) brought Day one, work 15 hours rest 9 hours; ously? Keep in mind that an ATB usu- suit citing conflicts with the Commerce day two, work 9 hours, rest 15; day ally only carries one engineer among the Clause among other facets of law. Under three, work 12 hours rest 12 hours, etc.). crew. A ship carrying the same amount United States vs. Locke, the Supreme This raises the question: Who works in of cargo as the tug/barge will typically Court struck down the Washington place of the hypothetical crewman on have seven: one Chief Engineer, a mini- mandate for watchkeeping since Federal Day two? Remember, this all transpires mum of three licensed engineers, at least law supersedes State law when the vessel aboard a vessel carrying a limited crew three unlicensed crew in the engine is involved in interstate commerce. size and transporting between 120,000 department, a sizable machine shop and While attending several different barrels to 400,000 barrels of oil. Do spare parts inventory. meetings with individuals from the U.S. these vessels sit idly alongside the dock Since 2001, ships engaged in interna- Federal government, conversations drift- or at anchor to allow the crew rest? tional voyages follow the International ed toward the operation of ATBs, and What work is not being done if no one Ship and Port Facility Security Code they often expressed reservations regard- is assigned to cover during rest hours? (ISPS) and every ship must have security ing the crewing aboard these boats and In California, there are berths that measures in place or risk losing trad- the amount of oil they transport. These require some ATBs to tie-up with 16 ing privileges if their International Ship individuals separately, at different times mooring lines. Luckily, most of these Security Certification (ISSC) is pulled. stated, “Something will have to happen for lines are stored on reels but it takes Domestic vessels must adhere to U.S. the regulations to change for ITB/ATBs.” people to lead out these lines, throw the 33 CFR 104 which mimics the ISPS Taken in perspective, the tankship Exxon heaving line, bend the heaving line onto and states among other requirements Valdez spilled 11 million gallons of oil the mooring line, slacken the line reel “that vessel access, including the embar- in Prince William Sound; the container and finally tighten that line on the reel. kation of persons and their effects, is con- ship Cosco Busan spilled 53,000 gallons Depending upon personnel available, t r o l l e d .” With a limited crew, pumping of oil in San Francisco Bay; and one of the process could take hours depending cargo, tying up/letting go, performing these ATBs has the potential to spill 12 upon type of line (Spectra type, regular sea watches, routine maintenance and million gallons (400,000 bbls) and with synthetic, wire) which would impact the inspections, ATB crews have a lot on only eight crew. With that risk, why will rest period for some crew. their plates. it take an oil spill of a magnitude in the Onboard, ships engaging international The U.K. and Maritime and millions of gallons to change regulation? routes must use the International Safety Coastguard Agency (MCA) recently One colleague with ATB experience Management System (SMS). Procedures published a study on fatigue and stated and presently sailing as a ship Master must be documented; records main- that “if the numbers of people fall short of expressed his dismay and frustration tained for inspections; maintenance kept what is required to carry out a task, then regarding the ATB quandary. “Yeah, Port and used in the spirit of safety. The workload, fatigue, stress levels and sick- State Control comes aboard my ship then SMS works if used as set down in the ness are increased; short-cuts are taken, proceeds to give me grief over a piece of International Safety Management Code. and the safety culture is compromised paper when they allow these ATBs to Besides performing required inspections by demotivation, low morale and absen- operate with impunity.” ¶ and maintenance, these iterations must teeism. Management efficiencies (in the be documented by someone. On a ship form of staff cuts) often result in unsafe Captain Jeff Cowan sailed aboard vari- with 23 crew it can it be done effectively. working efficiencies (in the form of short- ous containerships as Master, capping a Given the perceived need to administer cuts), a decrease in thoroughness and an 35-year sea-going career. SMS in the as yet unreleased 46 Code of increase in the number of mistakes – all Federal Regulations (CFR) Subchapter made worse due to fewer people having M, how does a tug with a crew of eight less time to prevent those mistakes devel- accomplish the same documentation oping into something worse.” To maintain

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

Peter, the Odyssey of a Merchant Mariner

Chapter 14: John Ericsson November 1941 – April 1942 by Captain Peter Chelemedos #1671-R After leaving the West Jaffrey at when we heard the radio report of the to unlock all the doors. Baltimore in early November, I made bombing of Pearl Harbor. The weekend of January 17, I took a a trip out to San Francisco to visit my I returned to New York and sat for my Friday night train up to Fall River and parents for Thanksgiving, hoping things Able Seaman’s and Lifeboat certificates. spent Saturday and Sunday morning would have changed at home. I visited the British Apprentices Club with Kay at her home, I met her family As my bus traveled toward Denver, and got to thinking about Kay, the girl I and some of her friends up there. It was two girls, one with pepper-colored hair had met the previous year. On a hunch, a pleasant weekend, brightened by the and the other with red, got on at Fort I called Preston House, the residence likely promise of adding Kay’s name to Collins, Colorado, to ride into Denver. hall where she had been staying. Mrs. my list of pen pals. I returned to the ship I was seated with a young fellow in Garrison, the house supervisor, gave me Monday morning and was logged for Marine Corps uniform, but we split up Kay’s forwarding address at Fall River, missing work Saturday morning. and joined these newcomers in the large Massachusetts. I sent Kay a Christmas We sailed from the Brooklyn Army rear seat and made efforts to become card and was overjoyed to receive one Base with troops of the 132nd Infantry acquainted. The girls were on a week- in return. and the Illinois National Guard. They end pass from their National Youth On January 2, I met Al Rosse again, had been on maneuvers in Louisiana Administration program at Fort Collins. and together we threw in our cards for when Pearl Harbor was bombed. They Since the Marine was under travel jobs as able seamen on the Swedish ship were brought from the warmth of the orders, he had to proceed west. But I Kungsholm, which had been taken over South to the snows of New York by troop was in no hurry, so I changed my ticket by the War Shipping Administration train, and now were heading for another and laid over to enjoy dinner with Fern and renamed the John Ericsson. She was part of the world. At least our small con- Canham and Esther Palmer at Denver. I being converted to carry troops; as part voy was headed South. enrolled them in my growing list of pen of our duties, we stood on a staging in At the Panama Canal, we were again pals before they saw me off on my bus to a snowstorm, wiping snow off with one over the side touching up the hull where San Francisco. hand and painting her once-white hull the gray paint had washed off, so didn’t After spending Thanksgiving at my gray with a brush in the other. get to look around the area. parents’ home, I felt our relationship The Swedes, before they left, had On the trip toward Melbourne, hadn’t improved. I painted the outside locked all the doors to the passenger Australia, the troops lined up in the of their house, but even that didn’t ease quarters and thrown the keys into a bar- passageways outside our crew rooms the tension. rel. The key tags and door identifications for their own chow line. I made friends On my way back to New York, I were marked in Swedish. We spent a with several of the MPs and, on the long stopped at Davenport, Iowa, and was couple of days wheeling the barrel down night watches, shared sandwiches with having lunch with my pen pal, Beverly, the passageways trying keys one by one some of them.

26 Sidelights February 2013 The Council of American Master Mariners, Inc. We arrived at Melbourne on March Allied side and the German-Japan-Italy back to the ship’s anchorage, I walked 7, 1942. We lay at a dock there for a Axis powers. around the town to look it over. I heard few days, during which time I did more In Melbourne one day, Al and I sat singing coming from one of the hous- painting on the hull. My watch partner, on the verandah of a hotel cafe and es, and the words were in English, not Al Rosse, and I would draw our paint watched the American troops march French, so I knocked on the door. An from the storekeeper and head for the by. The band as it passed was play- Australian schoolteacher was living area under the pier to paint the lower ing “Elmer’s Tune” and the GIs were there with a French family. I was invited part of the sides. When our paint was whistling it as they marched. It was in and was introduced to the family of gone, we would head up the beach under quite impressive. Following them was a Lucien Baumier. After a bowl of potato the pier for a couple of hours. Return for troop of Aussies; their band was playing soup and some conversation, I headed lunch. Draw another pot of paint for the “Waltzing Matilda” and their cadence back to the ship. afternoon and repeat the process. was in stride with the music. After disembarking the troops and I met a young lady at Melbourne whose When we sailed from Melbourne, it discharging the small cargo of guns father was a member of Parliament. He was for “somewhere in the South Pacific.” and ammunition from the baggage gave me a copy of the minutes of the We arrived at Noumea, New Caledonia, holds into lifeboats to ferry ashore, the Australian Parliament from December on March 17. As an able seaman, I was Ericsson sailed from Noumea direct to 8, 1941, to January 1942. It contained put in charge of a lifeboat used to ferry San Francisco. copies of the speeches in Parliament the first American troops ashore. When By April 1942, the Ericsson was in summarizing the events leading up to I got to the dock, I went up to a drugstore need of some voyage repairs and would the Japanese expansion in the Southwest and bought some picture postcards, then be in ‘Frisco for a while, so I paid off Pacific and copies of the telegrams sent to the post office to buy stamps and have with the rest of the crew. ¶ to and from the various governments the cards postmarked before the Army announcing the declaration of hostilities shut the civilian post office down. between the various countries on the Since I had to wait for another boat

MS John Ericsson

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

Bravery: Turning Towards The Dangerous and Unexpected Southern California brings images of convertibles twisting along coastal highways, miles of superb beaches and near perfect weather.

The descrip- ships wrecked here, but that the wrecks head back north for a few days, that the tion is accu- were abandoned; any salvage attempt weather was getting much worse. Four rate. Among was considered too dangerous and futile. hours later the cutter set sail in that very by Captain the many I mention this because last year I direction and my heart was reminded, John Adam Konrad highlights of joined the crew of a 43’ sailboat on a for the hundredth time in my career, of #3205-S California are voyage south, past Point Conception, the reasons I am thankful for each Coast two of my favorite places, the serene and to Santa Barbara. Departure was scenic Guardsman… when someone is, or even enchanting fishing town of Morro Bay, and ideal with whale spouts dotting the might be in danger, they willingly ignore California, a place I call home, and the horizon. Then Point Conception hit like their own advice. city of Santa Barbara‘s Mediterranean- sledgehammer. During that short 24-hr Last week the USCGC Halibut lost like climate has provided the nickname trip, I went from the pinnacle of joy to a crew member. Terrell Horne III, a “The American Riviera.” the desperate misery only a sailor on a 14-year career Senior Chief, was killed The Pacific Coast Highway, arguably small boat in bad weather can relate to. in the line of duty on Dec. 2, 2012, while America’s most scenic road, attracts Twenty foot seas came seemingly out of carrying out law enforcement opera- visitors from around the world. The nowhere and winds stood steady at 45 tions near Santa Cruz Island. During the route runs right along the coastline, knots, peaking much higher, for hours. remembrance ceremony, many talked of for most of the distance, giving visitors Then, once we had rounded the point, his distinguished career, the dangers of majestic views of the Pacific Ocean. calm and serenity returned. the job and his unquestionable bravery But in the area between Morro Bay and With the sun still low on the horizon at sea. To this I want to add another Santa Barbara the road turns several we entered Santa Barbra limping, the point… miles inland, avoiding the coast entirely. boom lashed to the deck after having Bravery is not in the unexpected, it’s in The official reason for the detour is to been ripped from the mast. We checked turning towards it. avoid Vandenberg Air Force Base, a in with Harbor Patrol and were soon And this is being a mariner, the pro- missile testing facility, but locals know greeted by a few members of the U.S. fession we love every day, except during that the road turns inland to avoid the Coast Guard. I don’t remember his name those rare, unexpected moments when desolate and wind swept coast at Point but one shook my hand, asking “Looks our hearts fill with fear and hate. Like Conception. like you’ve been around the point?” salt in the water, it’s part of the job, but If Santa Barbara is the American “Yes and she almost got the better of along with the joy of life at sea comes Riviera, then Point Conception is me. I’m not sure what happened, I wasn’t the responsibility to be prepared for the California’s Cape Horn. Alternately expecting such high winds. The weather unexpected. We sailors face occasional lashed with ferocious wind and short report showed clear sailing yesterday,” I hardships for the reward of a perfect day periods of pea-soup fog, exposed to large replied. at sea. This is not brave because brav- ocean waves and encrusted with jagged “Point Conception happened,” he said ery is not facing remote dangers with rocks, this small stretch of coast has with a knowing smile. honor when they arrive unexpectedly. been the setting of countless shipwrecks. We were then introduced to the crew No, bravery is seeking out unexpected This section of coastline is so danger- of the USCGC Halibut and my ques- danger with honor. As masters of large ous in fact that its most infamous story tions were met with smiles and adept vessels, we look at the Coast Guard as is not that an entire squadron of navy answers. Then we were warned not to saviors from an angry sea, but the dan-

28 Sidelights February 2013 The Council of American Master Mariners, Inc. For all you old ship aficionados Using drawings of a number of C-3 variations and some fill in of my own, I have brought one of my old sea-year ships back to life. She is a non-standard C-3; one of the originals built by Federal Shipbuilding and Drydock, Kearny, NJ, in by Captain 1941 as the Hawaiian Shipper for Matson. She was Pat Moloney flush deck and originally had her bridge on the boat Photo: Courtesy John Konrad / gCaptain #1829-R deck (02 level); sidelights were still down there. She gers they face are unexpected and wide was lend-leased to England in ‘42 (Empire Fulmar), but they found her too com- in scope. Few in my local community plicated to run and gave her back. She was converted to a troopship as Hawaiian expected drug smugglers to come so far Shipper again and picked up the bridge deck (03 level). north. What we did expect were lives After the war she was laid up, then bought by Pacific Transport Line and to be lost to nature and the merciless became the America Transport and got a series of passenger cabins installed on coast near Point Conception. While I the boat deck and a “grand staircase” down to the dining facilities on the cabin was working in the Gulf Of Mexico, deck (01 level). few expected USCG rescue helicopters would be forced to land on rooftops among an apocalyptic urban setting, but we did expect that the hurricane named Katrina would wreak havoc at sea. Few among the Halibut crew expected Horne would be lost to a reckless smuggler, but each knew with full confidence that, in the course of his career, Horne would save many lives. Senior Chief Horne did not sign up PTL laid her up eventually and she was pulled back out mothballs, painted in peacetime and find himself, years white and became the Michigan for State’s Line. After they laid her up, Waterman later, in an unexpected war. He faced it bought her for $100K, patched her up, renamed her Morning Light and chartered everyday. Horne was not brave because her to MSC for $10K/day to haul gov’t goods (ammo) to Viet Nam and other Far he acted honorably when the smuggler East pleasure spots. I was on her then in early ‘72. She was scrapped in Japan in turned toward his crew… he was Brave, 73 or 74. My favorite ship as a cadet. She had character. ¶ a hero, because he was the one who turned first. He, like the Coast Guard itself, turned towards danger on a daily BALLAST: basis. He is brave because his crewmates expected him to be ready to willingly Heavy material carried in a ship’s hold to increase stability in the trade his life for theirs each time the absence of cargo. Ballast originates from the Old Danish word Halibut cast off her lines. “baglast.” “Last” Bravery is ignoring your own advice meant burden, and turning towards danger. Bravery is and “bag” Horne and his crew. referred to rear. As 2012 comes to a close it’s impos- Taken together, sible to predict the most dangerous mis- baglast meant sions the Coast Guard will face next year, “to stow in the but it’s easy to be thankful of their prepa- rear of a ship to ration and bravery. Easy only because of tilt up the bow.” men like Horne. ¶ Grphic: Courtesy Seafarers LOG / 1965

The Council of American Master Mariners, Inc. February 2013 Sidelights 29 UNITY FOR SAFETY AT SEA CAMM’s voice in the IMO IFSMA

A Warm Welcome to Everyone for 2013

There has been so much going on and there is even more to come this year. IFSMA will This Government is taking strong steps out professional indemnity insurance. not be sit- to tackle this but its resources are being MasterMarinerProtect can be used as a ting still but stretched in trying to cope with this yardstick to measure others by. But take progressing increasing threat. a good look around the market for what its agenda The relevance of all of this is that on 30 is available out there. by and expand- and 31 January I will be chairing the 4th At the end of January IFSMA will host Captain John Dickie ing globally Maritime Security and Piracy Summit the first meeting of NGOs and other Secretary-General to ensure that in London, representing IFSMA. The interested parties dealing with seafar- IFSMA the message speakers represent all sectors of the ers and other personnel employed in is being broadcast loud and clear. The industry. the maritime industry. This has taken a main concerns are in respect of unwar- Criminalization of the seafarer has lot of time and effort to bring together ranted criminalization of the seafarer seen an increase during 2012. I hold the the right people and a report will be and piracy issues. There is a lot more belief that all seafarers are innocent until made on how this meeting went and its than these two topics but they affect all proven guilty and not the other way potential development for the future. seafarers, but in particular masters of around. All too often, crew and in cer- Credit must go to Captain Hans Sande, ships trading to certain areas. tain cases masters have been sacrificed Vice President IFSMA from Norway On 24 December 2012 the news to flag states to ensure the release of the who voiced the initial concept and his that the crew of the Iceberg 1 had been ship. Cases can take years to come to support throughout the process. released was warmly met, but there are court and crew are being held in terrible The IMO have front loaded this year still too many seafarers detained. The conditions with no salary, cast adrift with the majority of the committees and case of Albedo where 7 crewmembers to survive as best they can. In dealing sub-committees having their meeting in were released because the ransom was with a number of cases it has become the first half of this year. January has Fire paid from their home country by a busi- readily apparent that the costs spiral to Protection and COMSAR. Reports can ness man is one to note. The other astronomical amounts which cannot be be found at the end of the month on the crewmembers were left hostage of the met by masters and crew alike. What has IFSMA website. pirates but more importantly the media become apparent is the perception by It is with regret that I could not accept reported that there had been fighting seafarers that the P&I Club lawyers have the invitation to attend a meeting in between the pirates and their investors their interests to the forefront. This is the USA. It is in conflict with the AGA over the ransom paid and who would often not the case. It must be stated that and planned visits to other Member retain control of the remaining hostages. in many cases the P&I Club and ship- Associations. But I will make sure that I This negates the illusion that the piracy owners have gone beyond their respon- do attend in the future. model in place is a simple one. Where sibilities to assist masters and crews, but Here is to a successful forthcoming there are large sums of money being the first responsibility of the P&I is to year and hopefully we will see a reduc- exchanged various groups will be found protect the interests of their members, tion in criminality, piracy and all forms behind the scenes pulling the strings. not the crews unless the interests coin- of maritime accidents. On the back of this, as the Horn of cide. Africa piracy is declining in the number In times of austerity it is extremely of successful pirate attacks, there is a difficult to raise funds for the defence surge in the Gulf of Guinea which is a costs of individuals. Everyone must be far more violent model with regrettably aware of their exposure and all that I the state of Nigeria being at its center. would ask is that they look at taking

30 Sidelights February 2013 The Council of American Master Mariners, Inc. Lives lost at sea halved and piracy eradicated should be targets

Speaking at sel safety. should be a clear target and that more the opening of • IMO’s Technical Cooperation activ- should be done towards this end. the IMO’s first ities in the field of domestic ferry He also said he would accelerate capac- meeting of the safety. ity building under the Djibouti Code year, the Sub- • The Secretary-General’s own initia- of Conduct. He urged IMO Member Committee tive for an “Accident Zero” cam- Governments that had been active in on Fire paign, in conjunction with the providing naval vessels to maintain naval Protection, International Association of Marine protection forces until the risk of piracy I M O Aids to Navigation and Lighthouse attack had been sufficiently eliminated Secretary- Authorities (IALA). from the Indian Ocean and the Gulf of IMO Press Briefing 03 General Koji He added that, in the first instance, Aden, and to urge shipping industry January 8, 2013 Sekimizu told IMO should consider establishing a leaders to ensure continuous implemen- delegates that it was his vision that halv- mechanism for the collection and col- tation of the BMP. ing lives lost at sea and eradicating pirate lation of statistics on lives lost to enable On a wider front, he confirmed his attacks, as well as ensuring the release of formal, official figures to be produced. support for the initiatives of the UN and all hostages can, and should, be legiti- With regard to piracy attacks and the international community to help mate targets, for the Organization and for hostage taking, Mr. Sekimizu said that Somalis re-establish law and order and shipping in the years to come. 2012 had been an encouraging year, revive their own livelihood and econo- Mr. Sekimizu said that the number of having witnessed a sharp reduction in my, and for countries in western Africa lives lost annually at sea has been over successful piracy incidents off the coast to enhance their maritime security and 1,000 for each of the past five years. of Somalia and in the Indian Ocean. aim for piracy-free waters in that region, Despite the difficulty in obtaining pre- However, 12 ships and 159 people were, too. cise and reliable data for such losses, he at the time of speaking, still in the hands said that approximate figures for 2012 of Somali pirates. 2013 World Maritime included approximately 100 lives lost in He said that complete eradication Day theme: “Sustainable the fishing sector, 400 in domestic oper- of piracy off the coast of Somalia and Development: IMO’s ations, and around 500 in other catego- the release of all hostages would be contribution beyond Rio+20” ries, including international shipping1. more ambitious targets, but, neverthe- Speaking at a reception to mark the An ambitious, but achievable target, less, should be the aim. He identified launch of the theme, Mr. Sekimizu said he said, would be to aim for a 50 per continuous protection by navies in the that, as the United Nations’ international cent reduction, to no more than 500 lives Gulf of Aden, consistent application regulatory body for shipping, IMO has lost annually, by 2015. He said that the of Best Management Practices (BMP), been, and continues to be, the focal point matter could be addressed at the IMO and proper handling of armed secu- for, and the driving force behind, efforts Symposium on Future Ship Safety in rity guards under national policies, tak- to ensure that the industry becomes June, and went on to identify a number ing into account discussions at IMO greener and cleaner. of mechanisms that could help the target and the International Organization for Mr. Sekimizu said that it was his inten- to be reached, specifically: Standardization (ISO), as key factors in tion to launch consultations on sustain- • Implementation of the Torremolinos achieving the first of these. able maritime development goals early Protocol through the Cape Town With regard to the release of hostages, this year, with a view to preparing a final Agreement, to improve fishing ves- Mr. Sekimizu welcomed the action taken policy document, which should include 1 These figures are from statistics generated by the Somali authority in Puntland to a clear concept of sustainable develop- by the Secretariat based on reported casualties secure the release of the crew members ment for the maritime industries and collected from various sources, including non- official reporting. They are neither accurate, nor of the MV Iceberg. But, he added, that the realistic but ambitious goals. comprehensive. release of all hostages as soon as possible

The Council of American Master Mariners, Inc. February 2013 Sidelights 31 Company of Master Mariners of Canada

Three Shipwrecks and a Lighthouse

Cape Otway, S.E. Australia. Prior to the American Captain Peck considered that the Neva in the Revolution, the British had shipped their was well clear of King Island, which Australian criminals to their American colonies, but partly blocks the western entrance to the state of with the Declaration of Independence, Bass Strait, the dreaded cry “Breakers Victoria, is the infant republic chose not to accept ahead!” rang out. Neva was running the Southern- the choice offerings of Britain’s jails, and before a stiff breeze, and though the most point of His Majesty’s Government was forced to helm was put hard down, it was too the mainland find alternative destinations for them. At late. Failing to clear the breakers, Neva of Australia. It the recommendation of Joseph Banks, grounded in a heavy swell. The Master by is a rocky cliff, the British Government decided that ordered the boats lowered, but they were Captain Alan Knight overlooking Australia was distant enough to make quickly swept away. Neva quickly broke CMMC Maritimes the western criminals think twice before commit- up in the pounding swell, and many of Division approaches to ting a crime, and organized the so- the women convicts drowned, chained the Bass Strait, which separates Tasmania called “First Fleet”, which sailed from in their jail cells. Only 22 people reached from the mainland, and Port Phillip Portsmouth on 17th May 1787, carrying the shore. Two had become mentally Bay, Melbourne’s magnificent harbour. 780 convicts, some with their children, a deranged and wandered into the bush, In these latitudes, the air is extremely contingent of Royal Marines, and what where they died. Five died of exposure, pure, for there is nothing upwind for was believed to be enough supplies to leaving only 15 survivors of the 241 who thousands of miles. The near-constant establish the new colony. After a voyage had sailed from Cork. Westerly winds push fierce currents of 15,000 miles, the eleven-ship convoy As was common in the 1830’s, the into the Bass Strait, and frequent low- arrived at Botany Bay on 18th January Continued on next page >>> pressure systems roar in off the Great 1788. At first the colony made little prog- Southern Ocean. The British Admiralty ress. Botany Bay (site of the present-day sailing directions caution that “following Sydney Airport) was unsuitable for set- the passage of a frontal system, the pre- tlement and farming, and the European vailing Westerly wind rapidly backs to the crops failed. Labor was in short supply, South East. A sailing ship would, under but ship-owners, doubtless motivated these circumstances, be in grave peril on solely by patriotism, offered their ships a lee shore”. as transport convicts, and a thriving It is not known which European trade was born. nation’s seafarers first traversed these In 1835, the Convict ship Neva, bound waters. Portugal, the Netherlands, and for Sydney from Cork, and carrying 241 Great Britain all have a viable claim. people, including 150 women convicts However, the visit of Captain James and their 33 children, 9 free women and Cook, accompanied by the botanist their 22 children, was approaching the Joseph Banks, in H.M.S. Endeavour, Bass Strait at the end of the voyage from paved the way for British settlement in England. At 1600 on 14th May, when

Photo: Mike Lehmann / Copyleft GFDL Above: Cape Otway Lighthouse on the southern coast of Australia. Left: View from atop Cape Otway Lighthouse overlooking Bass Straight. Photo: Stephen Bain / Copyleft GFDL

32 Sidelights February 2013 The Council of American Master Mariners, Inc. Company of Master Mariners of Canada

The Company of Master Mariners of Canada is a professional association for those qualified to command. It was established to encourage and maintain high and honourable standards within the nautical profession, further the efficiency of the Sea Service, and uphold the status, dignity and prestige of Master Mariners.

From the Master’s Desk

The National industry. from the treasurer. His diligent manage- Council would The panel was made up of distinguished ment of the Company’s finances enables like to thank lawyers as well as Mr. Sylvan Lachance, up to hold the dues to the current 2012 the Fundy Executive Director, Regulatory Services levels, therefore there will be no increase division for and Quality Assurance with Transport to dues in 2013. hosting the Canada (CMMC Capital Division The current slate of officers remain 1012 Annual member) and Mr. J. Richard W. Hall, the same and Captain Ivan Lantz was General Chairman of the Transportation Appeals appointed National Secretary on an by Meeting Tribunal of Canada. Mr. Lachance gave ongoing basis. Captain John McCann in Saint an overview of the new regime an the Some key priorities for 2013 will be: CMMC National John, New goals of the program and the panelists • Revamping our requirements and Master Brunswick. has the opportunity to speak about real subsequent implementation of The AGM was held in conjunction case studies under the new code fol- the amendments under the new with a legal seminar on Administrative lowed up by Mr. Hall who was able to Corporations Act and we now have Monetary Penalties (AMPs). Fundy divi- speak on the appeals process under the an ad hoc committee working on sion did a bang up job of organizing the AMP’s regime. this. seminar as well as hosting the AGM. The feedback was excellent on the • Review and updating our strate- Our thanks to all involved. quality of the seminar and panelists. gic plan under the leadership of The legal seminar was co-sponsored Again, this was another excellent Captain Jim Calvesbert. by the Fundy division as well as the example of the division’s initiative to • Appointment of Captain Peter Canadian Maritime Law Association raise the profile of the Company of Turner as the Chair of the Views and focused on the new compliance Mater Mariners of Canada. and Positions Committee. regime of penalties under such legisla- During the AGM, the Company dealt • Recruitment of new members. tion as the Canada Shipping Act and the with a number of issues that will be fur- The next AGM is scheduled to be Marine Transportation Security Act to ther outlined in the minutes coming out hosted by the Vancouver Division on name a few. Attendees came from both of the AGM. October 5, 2013. the legal community and the shipping Of particular note was the update

Shipwrecks >>>Continued from page 32 to ride out the storm, but immediately they wore ship, and took up their look- Cataraqui was built in Canada, load- the ship began to plunge into the huge out stations as Cataraqui resumed run- ed with timber, and sailed to England, swell, and suffer damage. The screaming ning downwind toward the Bass Strait. where she was auctioned, and became wind had just torn the last card out of In the darkness of 03rd August 1845, an Immigrant ship, making several Cataraqui smashed into King Island, successful trips from England to and quickly broke up, scattering her Australia. The 1840’s were a desper- human cargo into the raging sea. ate time in Britain and Ireland, and Daylight presented a horrible scene; thousands decided to try their luck two miles of the beach were strewn in Australia. In August 1845, near- with corpses, mainly women and ing Cape Otway with 370 passengers children, for the ship was carrying a and 38 crew, the heavy cloud-cover large number of married women and prevented Captain Findley from fix- Drawing: Public Domain their families to join their menfolk. ing his position. Reluctant to attempt Captain Findley’s hand, and he ordered Mr. Guthrie, the First Mate, survived by the Bass Straits without a reliable fix, he the ship to be turned downwind. We clinging to a spar which washed over the ordered Cataraqui turned head-to-wind can imagine the faces of the crew as Continued on page 37 >>>

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

The Criminalisation of the Ship’s Master: A new approach for the new Millennium The criminalisation of seafarers has been observed as a growing phenomenon for more than thirty years, present- ine the many facets of the mischief with criminal justice process. The approach ing a picture which the phenomenon confronts the which underlines the obligation of the by Simon Daniels, of increas- Master in their professional conduct, Flag State to the Port State for the acts or Ph.D. ing liabil- both in terms of Flag State and Port State omissions of its vessels will also encour- Senior Lecturer in ity upon the obligations. But the purpose goes further age the Flag State to regulate its ship- Maritime Law Master even than that, for upon this foundation we owners to the standards acceptable to the Warsash Maritime though their must synthesise options for a solution. global community of Port States. Those Academy, responsibili- The Master would identify their priority Flag States which fail to do so, may find Southampton Solent ties remain in a solution which removes the scourge themselves black-flagged and, thus, may University essentially of criminal negligence and restores the lose their attraction for registration, if unchanged in generations of maritime Master-Owner relationship to give them shipowners find their risk profiles com- law. Over the same period, the structure the protection which vicarious liability promised too far to make them finan- of the maritime environment in which affords any employee. But what about cially viable for modern trading. they work has changed dramatically, as the States Parties? If ever there were an Ultimately, this work is all about the evidenced by the complex evolution of intractable dispute, it is here. perception of justice in a globalized mar- fleet ownership and management and The most forceful argument calls for a itime community in the twenty-first cen- the resultant challenges in identifying combination which brings the priorities tury; but the real challenge is to ration- the party liable in a potential action. of the Port State and Flag State together, alise a new approach to criminalization, Paradoxically, the person least able to as the keystone to a compromise solu- which would meet the interests of justice influence such changes has been the tion, without any fresh treaty to contem- both for the Master and the State. In Master, who has seen the key features plate (or pay for). The Master remains the harsh reality of intractable disputes of their traditional relationship with the the organ of the Flag State, and the in the twenty-first century, that new ship operator blurring, as the structure Convention obligations under UNCLOS approach might mean a compromise, of maritime operations has evolved with underline the Flag State’s obligations. As which may not be ideal for the Master the demands of social and econom- such, no new body of international law is or for the State, but would be something ic change. The effect of these changes necessary if the Port and Flag States are which both can live with. has left the Master with diminishing to resolve the issues arising out of a casu- But, in the final analysis, unless the management influence without los- alty. So much of the responsibility lays at strange new crime of criminal negli- ing responsibility. They remain Master the feet of the Flag State, which must be gence, the foundation stone of the crimi- Under God, but without God’s authority held accountable for the breach of treaty nalization phenomenon, is removed over the management of the ship’s affairs. obligations to the Port State occasioned against the Master, any option, any new Faced with an increasing amount of by its ships (the emphasis on the noun approach, will simply shift the way in criminal prosecutions globally in recent ‘ships’ rather than ‘Masters’ in UNCLOS which the mischief is applied. They decades, the shipping industry has met is noteworthy), that dispute resolution might as well shift the deck-chairs on the phenomenon with growing dismay, between States Parties has a compelling the Titanic. ¶ the downstream consequence of which attraction, and it would be for the Flag has raised questions challenging the pro- State to prosecute the Master for the The full work is available from portionality and, indeed, the fairness, of breach of the international obligations Southampton Solent University and criminal accountability, in what is per- for which the State has made its Master may be accessed via the library link: ceived by the maritime community to be directly accountable. What the Flag State www.solent.ac.uk/library. Mr. Daniels a disharmonized system worldwide. does in terms of its own regulation pro- was awarded a Ph.D. for this paper. The purpose of this work is to exam- cess can be achieved by its own domestic

34 Sidelights February 2013 The Council of American Master Mariners, Inc. Recent disasters aided by electronic instruments

On June In fact it was a wreck marking buoy, 17 9, 1995, the miles inland of where the ship should cruise liner have been. When she passed this buoy Royal Majesty 1.5 miles to port, he made a log book sailed from entry about it. But he did not see what Bermuda light the buoy was flashing to verify if it with 1509 was indeed BA buoy. When the master p e r s o n s asked him if BA buoy had been sighted, by on board, the chief officer confirmed it, but did not Captain A.K. Bansal equipped tell the master that he had not visually Company of Master with every affirmed that it was indeed BA buoy. Photo: Maersk Media Rlease Mariners of India modern navi- At 8 p.m. when the second officer gational instrument including an inte- (2/O) took over watch, the chief officer and Crown shoal, about 10 miles east of grated bridge system (IBS) connected to informed him that the ship was well Nantucket Island, at 1051 p.m. on June GPS, three radars, an autopilot, a radar- inside the traffic lane. The second officer 10, 1995, 17 miles off course causing map, Loran C, an echo sounder plus a reduced radar range to six miles to give heavy bottom damage and lost revenue. fathometer. the traffic lanes his full attention but did Fortunately she did not take in any water The ship was connected to her auto- not switch on a second radar to monitor and did not leak fuel, thanks to her pilot for the first 500-mile straight run to long range. Soon the lookout reported double bottom. Thankfully there were the entrance of approach to the Boston seeing a yellow light on port side! Several no deaths or injuries. A passenger with a traffic separation scheme. Her normal minutes later, both lookouts reported cell phone alerted the U.S. Coast Guard. watch routine was that the second offi- seeing high red lights on port side. Radio The ship was pulled out about 24 hours cer took over from the chief officer at 8 towers with flashing red lights are locat- later by the use of five tugs. p.m. till midnight. The navigator did the ed on the eastern end of Nantucket Only after she grounded it was found middle watch. All was uneventful during about 30 miles from traffic lanes and are that her GPS antenna had come off the first 24 hours. The ship apparently generally not visible to vessels transiting from its socket 52 minutes after sail- followed her set course of 336 degrees. the traffic lanes. But since the ship was ing. Her Atlas 481 echo sounder with Her GPS could provide accurate position 17 miles nearer, they were visible to the digital readout was not turned on. Her data to the NACOS 25 autopilot within lookout men. Nantucket Island was out fathometer alarm, normally set to go off 100 meters. In turn, the autopilot was of his six-mile radar range. Therefore at less than 3 meters below the keel, was to automatically correct the effect of set the second officer could see nothing and set at 0 in port. If it had been set to 3 and drift to keep the ship on her pro- did nothing. meters before sailing from Bermuda, the grammed track. At 14.1 knots, all fixes Press reports highlighted that two OOW would have been alerted 40 min- during the voyage were with position Portuguese fishing vessels called the ship utes before the grounding. Had the duty data from GPS. on VHF and warned the officer on watch officer taken note of the VHF warning Six lighted buoys named BA, BB, BC, (OOW) that his ship was off course. reportedly given to him by the fishing BD, BE and BF, with radar reflectors At 2145 the master asked the 2/O boats, he would have known that his ship define traffic lanes for ships going in whether he had seen the BB buoy. The was off course. and out of Boston. The chief officer saw 2/O replied that he had. But in fact he All this suggests that the navigating a radar blip at 6:45 p.m. seven nautical had not seen it. Soon after this, the look- officers were over-relying on their elec- miles away to port. Depending on the out informed him of “Blue and white tronic navigation equipment without wrong GPS display of ship’s position, he water ahead.” The 2/O looked at his appreciating their limitations. Perhaps concluded that this blip was the BA buoy chart and did nothing?! it was due to the euphoria created by they should have seen at about that time. The Royal Majesty grounded on Rose Continued on next page >>>

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

Electronic >>>Continued from page 35 Kariba. All three ships were navigat- in her forward port side, breached No 2 the fact that these very instruments had ing in thick fog, only on radar at full port ballast tank and 3 and 4 port fuel never let them down over many pre- speeds and none were sounding fog sig- tanks spilling 53,500 gallons of oil in San vious voyages. One wonders if it was nals. The master of the Kariba wrongly Francisco Bay. Damage was estimated good seafaring practice not to give their believed that the Clary was the give at $2.1 million for the ship, $1.5 million navigation a second independent check, way vessel under Rule 15. In fact, Rule for the bridge, and over 70 million for especially when she was nearing land. 19 applied in thick fog. Thinking that cleanup of pollution caused. Loran C was readily available, which the Clary did not give way, he altered As per the harbor safety plan, vessels does not rely on electronic signals from Kariba 30 degrees to starboard, collid- safely moored at a dock within the bay satellites but takes radio signals from ing with and sinking Tricolor. It is to be should not move out if visibility is less shore-based stations. It provides good noted that ships navigating in TSS are than 0.5 nautical mile. On that morning, accuracy along the U.S. coast and as not relieved of their obligations under visibility was reported at ⅛ to ¼ miles. the vessel approached closer, the posi- COLREGS. Hence following violations Rather than “talking” with the master tions would have been within about 500 of COLREGS: about visibility, the pilot told the mas- meters of each other. Ordinary practice All three ships violated Rules ter on boarding at 0651 that ‘this looks of seafarers requires us to recheck our 2(a), 6, 6(a), 19(b) and 19(d). They good’ and that he could “single up”. He position with auxiliary equipment pro- did not follow ordinary practice of sea- told investigators that it was common to vided on ships. men, proceeded at high speeds in TSS operate outbound voyages in fog. Rule 5 (a) of COLREGS stipulates that with visibility of 0.5 mile, in vicinity of In compliance with STCW, the com- “Every vessel shall at all times maintain other ships and did not take suitable pany’s SMS stated that pilot “acts only as a proper lookout by sight and hearing action in ample time to avoid collision. an advisor. Should Master consider the as well as by all available means…” So They also violated Rule 35(a) as none Pilot to be endangering the ship or contra- how have the duty officers of the Royal sounded fog signals in restricted visibil- vening any law, rule or regulation, he shall Majesty complied with these interna- ity and did not observe principles of safe reject the Pilot’s advice and relieve him of tional requirements, especially when navigation watch as per Part 3 Section his duties and assume control of the ship they ignored warnings from their own A-VIII/2 of STCW Code. The Clary and h i m s e l f .” The master was unaware of lookout men? Kariba altered course instead of reduc- how the pilot intended to proceed with Above all, what about ‘ordinary prac- ing speed. Kariba also violated Rule 5 by his ship. He should have exercised his tice of seamen’ to recheck everything we not detecting Tricolor on her starboard prime authority to refuse to cast off from do on the navigation bridge and position quarter and by altering course without a safe berth in thick fog when her bow we fix with an alternate system? There proper appraisal. Tricolor also violated could not be seen from the bridge. was a time when even gyro compass rule 19(e) by not reducing speed in thick The pilot was reported to have told was checked with magnetic compass fog when in close quarters situation with investigators that at about 0825, when after magnetic compass error was ascer- Kariba. the ship was turning to port to approach tained!? A U.S. District Court judge blamed the Bay Bridge at more than 10 knots, the the master of the Kariba for the “logic- “radar picture of the bridge got distorted”. Kariba, Tricolor, and Clary defying” navigation causing the colli- Also that minutes before the allision, On December 14, 2002, the M.V. Kariba sion which could have been avoided VTS gave the pilot incorrect confusing collided into and sank the M.V. Tricolor if the master had simply held Kariba’s navigational information about the ship’s in the Traffic Separation Scheme (TSS) course and cut speed under COLREGS. heading. The master was reported to of the English Channel, with visibility The case went on appeal and it was have told investigators that his previous less than half mile. Kariba at 16 knots reported that in view of above violations experience led him to assume that con- had Tricolor overtaking her on her star- by all three ships, it was held that all trolling authorities would close the port board side in the same NW part of TSS. three ships were liable. Kariba was held in such weather. He reportedly stated, “It Even though this ship was fitted with 63% liable, Clary 20% and Tricolor 17% is not for me to decide whether to set sail two radars and ARPA, and the master liable. or not under such condition... Basically, I was on the bridge monitoring naviga- have to follow the pilot’s direction. Even tion of his ship, he did not know that Cosco Busan though I realize that the master has full Tricolor was overtaking from under the On November 7, 2007, about 0830 responsibility.” stern of his ship at 17.9 knots! local time, the outbound container Claims against owners and managers A third ship, the M.V. Clary, approach- ship M/V Cosco Busan, allided with San of the ship for causing pollution with ing the North East part of TSS from the Francisco-Oakland Bay Bridge Delta spillage of 53,500 gallons of oil in San Atlantic, was on a collision course with Tower in dense fog. It caused a deep gash Francisco Bay were reportedly settled

36 Sidelights February 2013 The Council of American Master Mariners, Inc. at $44.4 million. Pilot John J. Cota was able to mariners provide them much nothing and only increased culpability of reported jailed for ten months. information. But Rule 5 mandates a both. MSC Prestige was found 60% liable proper lookout “by all available means,” and Samco Europe 40% liable. Samco Europe, MSC Prestige This is notwithstanding assistance of So, what about visual lookout from Exactly a month later, after midnight, electronic instruments. In this case, a sunset to sunrise under ROR provisions, on December 7, 2007, Samco Europe and good visual lookout would have been STCW stipulations and ordinary prac- MSC Prestige collided 16 miles southeast safer. tice of seafarers? ¶ of Bab El Mandeb traffic separation Neither vessel took correct action to scheme at the entrance to the Red Sea, avoid a dangerous close quarters situa- Captain A.K. Bansal is a Past Master at almost a 90 degree angle, in vis- tion. Failures by both vessels to indicate of the Company of Master Mariners of ibility of 10 miles. Total structural dam- their course alterations by sound and India. He is a practising Bar-at-Law in age was over $50 million. Samco Europe light signals under Rule 34 also con- India and the U.K. was loaded with 284,844 tons crude, tributed. VHF conversations achieved speed 16 knots. MSC Prestige had a speed of 26 knots. Both ships were equipped 3 Shipwrecks>>>Cont’d from page 36 He was aiming to pass 5-6 miles off the with two ARPA radars, AIS, ECDIS and reef, to the shore. There he found one lighthouse, and thus clear the Otway VDR and had each other on radar. Press passenger, and one crew member. Later, Reef. Returning to the deck after con- reports indicated that navigators on both six other crew members washed ashore. sulting his charts, Captain Allen felt ships were not keeping visual lookout Just 9 people survived. the ship touch bottom. Instantly, the in clear visibility but depended on VHF In the aftermath of the disaster, there rudder was torn off, and the wheelman and ARPA. was a public outcry for the establishment was washed overboard. With terrifying At 40 knots relative speed of both of a lighthouse on Cape Otway, so as to speed, Eric the Red broke up. Captain ships, even if radar echo of Samco Europe give mariners warning of the off-laying Allen recounted that “The mizzen top- was observed 9 miles away, total time Otway Reef, and also to give them a posi- mast fell with all the rigging, but strange available to avoid collision was less than tion fix before attempting the passage of to say, not a man was hurt by it, although 14 minutes. It was widely reported that the Bass Strait. District Superintendent they were all standing about. As soon as I both navigating officers were glued to Charles (later Governor) Latrobe gave found out that there was no hope, I said their radar sets and talking to each other orders, in 1846, for the lighthouse to be to Ned Sewall, the owner’s son, and the on VHF. Had the officers been observ- built. Progress was slow in the remote Third Mate, “Stick to me, and hang on to ing their approaches to each other in location, and the government foreclosed the mizzen mast” I peeled off everything such clear visibility they would have on the builder, completing the light- I had on except my drawers, thinking I seen the sidelights of the ships clearly house in August 1848. The 21 parabolic would be able to swim better without my to take appropriate action under ROR reflectors were made in Birmingham, clothes; and Sewall and myself, clinging to instead of depending on radar observa- England, and shipped to Parker River the mast, were washed overboard….It was tions and talking to each other on VHF. Inlet, six miles from Cape Otway, where a fearful sea; I have never seen anything MSC Prestige was the give way vessel. they were landed through the surf, and like it”. Attempting to swim to a more Under Rule 17, Samco Europe’s duty was carried overland. Soon the doggerel Last substantial raft of wreckage, and losing to maintain her course and speed. But sight the Mersey, next sight the Otway was touch with young Sewell in the pro- under Rule 17(a) (ii) she was required recited by seafarers as they followed the cess, Captain Allen became entangled to act to avoid collision when it became prevailing winds from England to Brazil, in ropes and was dragged under. He apparent that the other vessel was not to the Cape of Good Hope, and across managed to get free and surfaced near taking appropriate action. Rule 17(c) the Southern Ocean to Australia. some floating timber, and was able to also provides that stand on vessel shall In 1880 the U.S.-flag barque Eric the regain the detached deck, where he lay not alter course to port for a vessel on Red, built at Bath, Maine, for E. & A. paralyzed with cold. Shortly after, the her port side. Sewall, was chartered to carry U.S. trade lights of the steamer Dawn were sighted. It was also reported that no sound goods to the Melbourne International Dawn lowered boats, and searched for signals were given while altering course. Exhibition. Eighty-five days out of New survivors, recovering all except three Action agreed between ships on VHF York with 23 crew and 2 passengers, Eric crew members and one passenger. One cannot be against COLREGS. Therefore the Red was approaching Cape Otway body washed ashore at Cape Otway, and direct cause of collision can only be after an uneventful 85-day passage. The was buried at the lighthouse. The Master attributed to navigational action or inac- weather was hazy with a moderate NW of the Dawn was given a letter of thanks tion against Collision Regulations. wind. Captain Jacques Allen had all by the U.S. government. Extensive navigational aids now avail- sail set, except for the mizzen-royal.

The Council of American Master Mariners, Inc. February 2013 Sidelights 37 ANC FR IS N Y ARE C The Council of American Master Mariners, Inc. A A O A B S

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