Δευτέρα 29 Αυγούστου 2022

THE INCIDENT

On January 7, 2021, the dry bulk carrier Ocean Princess struck the uncrewed/out-of-service oil and gas production platform SP-83A while operating 24 miles south of Pilottown, La. No pollution or injuries were reported.

Damage to the vessel and platform totaled an estimated US$1.5 million.


The 24-person crew of the Ocean Princess was drifting overnight in the Gulf of Mexico before going to New Orleans to load a cargo of grain. The master planned to drift throughout the night with the engine on 15-minute standby, keeping clear of traffic and platforms.

To give the crewmembers rest time after cleaning cargo holds during the day, the master scheduled himself to be on the bridge with the mate on watch, supplementing the watch and the duties of the lookout. After engaging the engine to maneuver the vessel, the master stated he saw a dim yellow light and checked the radar. The master and the second officer on watch investigated the light and believed it was coming from an oil platform 5-6 miles away. Roughly 10 minutes later, the Ocean Princess struck platform SP-83A.

CHARTING ERROR

The master and second officer told NTSB investigators they never saw SP-83A on the radar. After the contact, both noted that the platform was on the paper chart used on the bridge by the mate on the watch, but SP-83A did not appear on the electronic chart display and information system (ECDIS).

Platform SP-83A was not charted on the official U.S. electronic or paper navigation charts that provided the chart data to the ECDIS aboard the Ocean Princess. The platform did appear on the British Admiralty paper chart that the mate on watch was using at the time of the contact. The platform had been added to the U.S. paper charts when installed in 1990, but for an unknown reason was omitted 20 years later, in 2010, from two larger-scale U.S. paper charts. It remained off the two paper charts and electronic navigation charts (ENCs) for over 11 years—until after the contact. Following the contact, the National Oceanic and Atmospheric Administration (NOAA) updated and corrected the electronic and paper charts that had been erroneously missing platform SP-83A.

PROBABLE CAUSE

The NTSB determined the probable cause of the contact of the Ocean Princess with platform SP-83A was poor bridge resource management, which resulted in the bridge team not identifying the platform and recognizing the risk it posed to their safe navigation even though they saw its lights about 10 minutes before the casualty. Contributing was platform SP-83A not being shown on the vessel’s electronic chart display and information system due to a charting error.

LESSONS LEARNED

The effective use of all available resources by a bridge team, including paper charts, electronic charts, and radars, increases collective situational awareness and contributes to a safe navigation watch. When identifying hazards, bridge teams should avoid over reliance on a single data source by cross-checking information with available bridge resources and communicating identified risks with fellow watchstanders to ensure a shared mental model.

Increasing operator vigilance and combating over reliance requires healthy skepticism about situations and information sources regardless of how accurate they could be, or how confident one is in their own assessment. In this casualty, the electronic chart display and information system (ECDIS) was missing the oil platform struck by the vessel due to a charting error.

The vessel’s safety management system noted, “ECDIS is a valuable asset in assisting navigators and allowing them more time to maintain a proper lookout by providing them with more detailed situational awareness.” However, it also warned, “navigators should always cross check ECDIS information with the other sources,” and, if not used properly, “ECDIS may contribute to accidents rather than preventing them.” The inability to recognize the fallibility of technology, such as an ECDIS, can result in operator over reliance and overconfidence that degrades sound navigation practices and negatively affects situational awareness.

FATIGUE AND DISTRACTION

Although not specifically mentioned in the NTSB’s determination of probable cause, the full report notes in its analysis that “the effects of fatigue likely impacted the master’s performance in simultaneous roles as master and lookout, affecting his judgment and situational awareness in the events before the contact.”

Another issue dealt with in the analysis, is distraction, with the report saying, “competing tasks, such as critical stability calculations, and personal conversations in the period leading to the contact likely distracted both the master and the second officer from their primary navigation duties. Distraction can reduce operator vigilance and negatively affect situational awareness.”

For more details, you can download the NTSB report below:

https://maritimecyprus.com/wp-content/uploads/2022/08/Ocean-Princess-Report.pdf


Κυριακή 21 Αυγούστου 2022

European Commission Publishes Latest Implementing Regulation (EU) 2022/1157 on Marine Equipment

This new requirement entered into force on August 15, 2022. The Implementing Regulation is published on an annual basis and lays down rules for the application of the Directive 2014/90/EU on Marine Equipment regarding conformity and certification requirements for equipment to be installed on EU-flagged vessels.










The regulation includes the Annex which details the applicable requirements, testing standards, modules for conformity assessment and any applicable dates for placement on the market for each listed piece of marine equipment subject to the Directive and Implementing Regulation. The products covered include life-saving, fire protection, navigation, radio communication, pollution prevention and other marine equipment subject to statutory requirements.

Equipment manufacturers are encouraged to review the Annex to the Implementing Regulation for any updates or changes to the requirements applicable to their products.

Manufacturers need to have valid MED certification (Modules B+D, B+E, B+F or G certificates) to be allowed to place their products on the European market. The conformity of the products is confirmed by the manufacturer at the end of the production phase by affixing the wheel mark on the product and issuing the Declaration of Conformity.

The Declaration of Conformity issued by the manufacturer for products produced after 15 August 2022 shall follow the 6th Implementing Regulation.

Manufacturers are requested to compare the conformity of their products with the design, construction, and performance requirements as well as the testing standards of the currently valid Implementing Regulation. For products where changed requirements and testing standards are addressed, new or additional tests may be required.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R1157&qid=1658306288906&from=en


Τετάρτη 10 Αυγούστου 2022

SEA/LNG builds case for retrofitting VLCCs to LNG

 Retrofitting existing very large crude carriers (VLCC) to run on LNG as fuel has enormous benefits over alternative options to future-proof the ships from becoming obsolete as new environmental regulations take the stage in 2023, a new study from SEA/LNG claims.

The multi-sector industry coalition compared three scenarios in an investment case study including an LNG retrofit, a scrubber-fitted VLCC running on heavy fuel oil, and a conventional VLCC sailing on very low sulphur fuel oil (VLSFO). The study did not include the case involving VLCCs opting for slow steaming.

The business case compares a 300K DWT VLCC trading from the Arabian Gulf to China. The 11,700 nautical mile round trip from Ras Tanura to Ningbo was chosen to represent the major energy trade corridor from the Middle East to China.


When it comes to meeting the Carbon Intensity Index (CII), the study found that HFO scrubber option would fall from C to D rating in 2023 and into E mid-year 2028. Compliant VLSFO would fall from a C to D rating in 2025 and into E in 2030. Finally, LNG would maintain rating B until it slides into C mid-2027 before finally slipping to D in 2032.

“The LNG retrofit enjoys the commercial chartering financial advantages of one or more grade ratings above HFO scrubber or compliant VLSFO options,” the study said. “The potential use of bioLNG as a drop-in blend could increase compliance further.”

Additionally, SEA LNG said that retrofitting may also offer financial incentives to ship owners with regard to future fuel prices, especially taking into account the likely introduction of carbon pricing in shipping.

The investment case study further predicts that retrofitting costs for an existing trading vessel for LNG fuel would continue to improve and that relatively quick re-entry of the vessel into service would save about 2 years to owners when compared to newbuilds in today’s strong shipbuilding market.

What is more, newbuilding projects are restricted by limited yard capacity and long lead schedule availability, which is not the case with retrofit facilities.

The obvious candidates should be “LNG Ready” ships as they have addressed critical design issues during the new construction phase allowing for a smoother retrofit/upgrade campaign.

Τρίτη 9 Αυγούστου 2022

TAIC Investigation: Fire on cargo vessel as hot-work precautions not fully implemented

The incident

At 1700 on 17 December 2020, the Kota Bahagia berthed alongside at Wharf 4, Napier Port, New Zealand. The cargo for discharge at Napier included wind turbine components that had been carried from Taicang, China.

Shore-based staff, including stevedores1 and fitters from a local engineering company, boarded the vessel to commence unlashing the cargo in preparation for discharge.

Cargo-discharge operations commenced at 2212 and continued overnight.













At about 0648 on 18 December 2020, two fitters from a local engineering company commenced hot work3 in number 2 cargo hold ‘tween deck. The number 2 ‘tween deck cargo consisted of nine 40-foot (12-metre) containers at the forward 5 end and six wind turbine nacelles6 at the aft7 end.

Specifically, the fitters’ task was to remove the cargo stoppers8 that had been welded to the ‘tween deck pontoons9 for securing the cargo. The removal of the cargo stoppers required oxygen/acetylene gas-cutting. One of the fitters carried out the cutting operations. The other watched for stray sparks and ejections of hot material, and placed the offcuts in a steel bucket after cooling them with water from a portable fire extinguisher.

The master and the harbour master had issued permits allowing this hot work to take place. The fitters had completed their own job safety analysis prior to the vessel’s arrival.

At about 0942, stevedores commenced discharging containers from number 2 cargo hold. Two stevedores were located inside number 2 cargo hold and one stevedore was driving the vessel’s crane. After discharging four containers, the stevedores took their morning-tea break. No containers were discharged between 1000 and 1030. During this time the master of the Kota Bahagia conducted rounds of the deck and found that all was quiet. The master did not see anybody in number 2 cargo hold. However, the fitters had remained in the cargo hold to finish cutting off the remaining cargo stoppers while the stevedores were on their break.

After resuming cargo operations and discharging one container, one of the stevedores, who was standing next to the remaining containers, noticed white smoke in number 2 cargo hold. The two stevedores and two fitters in the hold discussed whether it was dust or smoke. The fitters had completed their work in the ‘tween deck and were stowing the gas-cutting equipment so that it could be removed from the cargo hold. Shortly afterward, one of the stevedores repeated that it could be smoke. At about 1039, as the crane driver returned the container spreader11 to the cargo hold, the smoke turned black and thickened and the workers in the cargo hold realised there was a fire. Within 10 to 20 seconds the smoke became very thick and the workers in the cargo hold had to pass in close proximity to the fire to get out of the hold.

By 1043 all the workers were out of the cargo hold and the crane driver had stopped the crane, called “fire” over the radio and vacated the crane cab. They all went down to the quay and headed towards the designated muster point for shore-based staff.

The deck cadet, who was on gangway duty, called the chief officer on the radio to report that there was smoke coming from number 2 cargo hold. The chief officer, who was on deck directing the crew as they removed the pontoons from number 4 cargo hold, told the cadet to activate the fire alarm. The master, who had been resting in the master’s cabin, heard an alarm sounding on the bridge at about the same time. The master went to the bridge to investigate the cause of the alarm and saw that the cargo hold smoke-detection system had been activated.

The chief officer went forward, towards number 2 cargo hold, and saw workers who were not crew members running aft towards the gangway. The cargo superintendent was the only other person on deck near number 2 hatch whom the chief officer noticed. The chief officer asked the cargo superintendent if the shore workers had all gone ashore and determined that there were no workers left inside number 2 cargo hold.

By 1045 thick black smoke was visible coming out of number 2 cargo hold and the vessel’s fire alarm was ringing. The chief officer and the cargo superintendent started to rig fire hoses on deck while the vessel’s crew assembled at their emergency muster stations. The Kota Bahagia’s fire response plan designated the crew into five emergency parties with assembly points on the bridge, the engine control room and on deck in front of the accommodation. The crew who assembled on deck made up three of the emergency parties – two firefighting parties and one first-aid party. Once the crew had assembled in their respective emergency parties, the master co-ordinated the initial fire response actions to determine the extent of the fire and the best way to suppress it.

Analysis

#1 Hot work on board

Following the extinction of the fire, number 2 cargo hold and its contents were examined forensically. Burn patterns and damage comparisons provided indicators of the location of the fire’s origin. The most damage was sustained on the ‘tween deck, with mainly heat and smoke damage in the lower hold.

The nacelle that was stowed athwartship32, port side, at the aft end of the ‘tween deck sustained the most damage (see Figures 13 and 14) and it is very likely that the fire originated either underneath this nacelle or between the nacelle and the side of the cargo hold. The presence of clean burn33 on the side of the cargo hold showed that the fire was so hot in this location that the soot deposits were burnt off.

The Transport Accident Investigation Commission (Commission) engaged the services of a specialist fire investigator to complete a report on the origin and cause of the fire. The fire investigator’s conclusion was that the most likely ignition sequence was a hot slag bead from the gas-cutting igniting the sawdust from the dunnage that was used between the cargo and the steel deck, resulting in a smouldering fire.

#2 Safety precautions and the permit-to-work system

The vessel operator had a permit-to-work system in place, which covered high-risk activities that required additional safety assessments and additional safety measures. Hot work is considered high risk as it includes the use of welding, burning or soldering equipment and power tools that generate sparks. It was included in the list of activities that the operator considered to be high risk and there was a section in the Safety and Emergency Manual that provided specific instructions for carrying out hot work safely.

To complete a permit-to-work, one or more checklists must be completed. The checklists used on board the Kota Bahagia contained a series of steps to ensure that a risk assessment was carried out and that safety control measures were in place before hot work was allowed to commence. PIL’s safety management system included the following procedures:

  • The Chief Officer or Second Engineer shall conduct safety checks and submit the completed checklist (S-02(1) and S-02(2), as revised) to the Master or Chief Engineer confirming that the work to be carried out satisfies the safety requirement.
  • Upon approval, the Master or Chief Engineer signs the application and instruct the Chief Officer or Second Engineer to ensure and monitor the safety requirements.
  • While in port, local regulations should be strictly followed, including the seeking of permission from the Port Authorities.

#3 Co-ordinated incident response

Under New Zealand’s Health and Safety at Work Act 2015, an employer must ensure, so far as is reasonably practicable, the health and safety of its workers while at work. The nature of a port environment means that multiple organisations, of which each has its own safety management system, have to work alongside the framework of the port’s health and safety management system. When an emergency situation arises on board a foreign-flagged vessel, the vessel’s own safety management system and its emergency procedures also need to be taken into account.

Fire and Emergency NZ responded to the request for assistance from the master and the port. Responding to maritime incidents is an additional function37 for Fire and Emergency NZ that it performs only to the extent that it has the capability and capacity to do so without compromising its ability to perform its primary functions. Its primary functions 38 include:

  • Providing fire prevention, response and suppression services.
  • Stabilising and rendering safe incidents that involved hazardous substances.
  • Rescuing persons who were trapped as a result of transport accidents or other incidents.

Conclusions

Molten material, ejected during gas-cutting activities, very likely ignited dry sawdust nearby, which created a smouldering fire that ignited the polyvinyl-chloride tarpaulins and other combustible components of the fibre-glass project cargo.

Hot-work precautions, such as crew supervision and the readiness of firefighting equipment, were not fully implemented.

The tight stowage of the project cargo made it difficult for the fitters to control the ejection of hot slag beads and sparks and hampered the view and access of the person assisting with the gas-cutting operations.

Fire and Emergency New Zealand responders did not initially give due regard to the master’s command status and knowledge of the ship and its systems.

The vessel’s carbon dioxide fire-suppression system could not be activated until the cargo hold was closed and sealed. However, the hatch cover could not be closed until the crane wire and container spreader were hoisted out of the hold.

In addition, at the time of the incident the ship’s crew did not implement the requirements set out in PIL’s safety management system and the harbourmaster’s hot-work permit, or ensure the safe execution and supervision of hot work carried out by shore-based contractors on board the vessel.

Moreover, at the time of the incident PIL’s safety management system did not ensure a safe execution of hot work by shore-based contractors.

In addition, the suppression of the fire was delayed because the various parties involved did not have a shared and consistent understanding of each other’s roles and objectives.

Lessons learned

  • A risk assessment for hot work should give particular consideration to the contents of and any constraints in the area where the hot work is to be carried out. The risk assessment should be applied systematically and then monitored to ensure compliance.
  • A shipboard fire response is based on the vessel’s design, fire protection systems and crew numbers. Shore-based firefighting assistance and incident management systems should enhance and support the response made by the ship’s crew, not erode it.

 https://safety4sea.com/wp-content/uploads/2022/08/TAIC-Kota-Bahagia-Report-2022_08.pdf


The New MLC Amendments

During the inspection, AMSA found evidence that the employment agreement had not been met, the food and drinking water were not of appropriate quality, quantity, and nutritional value for seafarers, and seafarers were not provided with adequate medical care after being injured onboard.










During the Part II of the fourth meeting of the Special Tripartite Committee (STC) of the Maritime Labour Convention, 2006 (MLC, 2006) (the “meeting”) held from 5 to 13 May 2022, amendments to the MLC 2006 and resolutions were adopted, entering into force by December 2024. Seafarers have won significant concessions on connectivity, food, and personal protective equipment during negotiations for amendments to the Maritime Labor Convention, 2006 (MLC).

The New MLC Amendments are related to regulations 1.4, 2.5, 3.1, 3.2, 4.1, and 4.3 and Appendices A2-I and A4-I of the MLC, 2006 and were adopted to ensure that:

  1. Seafarers have appropriately sized personal protective equipment (PPE) to accommodate the growing number of female seafarers.
  2. Free drinking water of good quality is available for seafarers.
  3. States shall further facilitate the prompt repatriation of abandoned seafarers.
  4. States shall provide medical care to seafarers in need of immediate assistance and facilitate the repatriation of the remains of seafarers – who have died on board. Seafarers are informed of their rights relating to the obligation of recruitment and placement services to compensate seafarers for monetary losses.
  5. All deaths of seafarers are recorded and reported annually to the ILO and the relevant data is published.
  6. Seafarers are informed of their rights regarding the obligation of recruitment and placement services to compensate seafarers for monetary losses.

The adopted amendments will be implemented by the Flag States. Therefore, Companies should seek information from their respective flag State(s) to update their existing Safety Management System procedures.

You can read and download the full text of MLC amendments at the below link:

https://maritimecyprus.com/wp-content/uploads/2022/08/wcms_845316.pdf


 

Singapore to suspend Glencore’s bunkering licence over fuel contamination role

The Maritime and Port Authority of Singapore (MPA) has announced the suspension of Glencore’s bunkering licence for two months, effective August 18th. The move follows an investigation into recent bunker fuel contamination at Singapore port. Cases began to come to light in March this year, with several ships being supplied with high sulphur fuel oil that contained high concentration levels of chlorinated organic compounds.

Tracking down the source of the contamination took some time, but was eventually traced to a batch supplied by Glencore Singapore Pte Ltd (Glencore) and PetroChina International (Singapore).

That fuel oil was traced back to a tanker at the Port of Khor Fakkan, UAE.

The investigation found that “between 21st and 23rd March 2022, the fuel oil testing laboratory engaged by Glencore reported results showing that the samples taken from the parcels of fuel oil Glencore purchased, contained concentrations of COCs that ranged from approximately 2,000 ppm to 15,000 ppm. COCs are not commonly present in bunker fuel, especially at such elevated levels. “

MPA’s investigation found that “despite this, Glencore continued to supply bunkers blended with the fuel purchased that was contaminated with high levels of COC to vessels in the Port of Singapore from 22nd March 2022 to 1st April 2022”.

MPA said that, by so doing, Glencore contravened the terms and conditions of its bunkering licence.

There were 24 vessels recorded as having been supplied with the affected fuel by Glencore, between March 22nd and April 1st, and at least three vessels had reported issues with their fuel pumps and engines.

MPA said that it has asked Glencore to improve its internal procedures to ensure that, in future, prompt action was taken when the company became aware of, or reasonably suspected, any irregularity in fuel quality.

Separately, MPA’s investigation revealed that PetroChina had stopped delivery of the contaminated fuel promptly by March 19th, once it received its own test results that the fuel it supplied was contaminated with COC. Therefore, MPA has decided not to take any action against PetroChina.

Παρασκευή 5 Αυγούστου 2022

EGCSA Interactive Map – For the latest updates on scrubbers regulations

Marpol Annex VI requires ships to reduce SOx emissions either by burning low sulphur fuel or by cleaning the exhaust gas. Exhaust gas cleaning systems (EGCS), also known as "scrubbers", have been fitted onboard many ships as an acceptable equivalent method of compliance under Marpol Annex VI. 



Concerns that wash water discharged from open-loop scrubbers may have harmful effects on local waters has however led to many ports introducing regulations either to ban ships fitted with open-loop scrubbers or to impose additional requirements relating to the discharge of wash water from such systems. To assist operators to avoid issues with local regulations, the Exhaust Gas Cleaning System Association (EGCSA), launched a free-to-access Global Marine SOx Emissions Regulation map on their website, www.egcsa.com. This map provides links (please click on the markers and the ECA boundary lines) to verified information on local regulations. 

https://www.egcsa.com/map-regulations/

BIMCO issues the Infectious or Contagious Disease Clause for Time Charter Parties 2022

BIMCO IOCD Clause 2022 is appropriate for outbreaks of diseases on a pandemic scale like Covid-19, and outbreaks at a regional level, such as the Ebola virus epidemic in West Africa in 2014-2016.

In undertaking this revision, BIMCO has focused on a balanced approach to risk allocation. In particular, the clause focuses on keeping the contract going, which will help avoid potentially costly disputes and supply-chain disruptions.

Natalya Adamantia Skjelmose of Norden and chairperson of the drafting committee explained the objectives of the revision. “Our main goal was to develop a clause that reflects commercial realities, is balanced with protecting owners’, operators’ and charterers’ interests and offers workable and practical solutions and keeps the trade continuing.”

Julius Posselt of Oldendorff was also a member of the committee, and added “One of the main commercial problems for the industry we have seen when it comes to pandemics are delays caused by quarantines”. He emphasised that the committee focused on precisely this and made sure that the revised clause has a well-balanced allocation of liability reflecting the nature of a time charter party.

Infectious or contagious diseases on a pandemic or epidemic scale are likely to continue to confront and challenge the maritime sector and BIMCO provides contractual tools to tackle such challenges.

What one learned from the Covid-19 pandemic is that although mortality rates from the virus were relatively low per head of population, the social impact on the movement of people was significant. What is unknown is whether future pandemics will be of a similar nature or will be more life threatening, like Ebola.
The clause is therefore drafted on the premise that not every disease will be life-threatening and that the risk of crew infection can, in many cases, be avoided by taking measures to protect the crew and avoid the spread of the disease. It is based on three key principles:

1.    The owners’ measures to protect the crew;
2.    The allocation of liability for delays; and
3.    The owners’ right to refuse the charterers’ orders.

The clause assumes that the charterers have control over the ship and determine which ports to go to, with the owners under the obligation to follow those orders. This means that for a time charter party, the liabilities and responsibilities can be amended by the parties recognizing that the owners will know the ports at which the ship will call.

The new clause thus focuses on preventative measures which are appropriate to both the contracting parties’ interests.

https://maritimecyprus.com/wp-content/uploads/2022/07/BIMCO-Inectious-or-contagious-diseases-clause-2022.pdf


Πέμπτη 4 Αυγούστου 2022

IMO Regulatory Update - A Boost for Biofuels

Biofuels can play an important part in helping to lower carbon intensity for shipping. However, MARPOL Annex VI’s rules on bunker emissions which apply also to biofuels and biofuel blends, impose a challenge to the wider use of biofuels. Apart from limits on sulphur content, Regulation 18.3.2.2 also requires that such fuels shall not “… cause an engine to exceed the applicable NOx emission limit…”. Whilst it is not a challenge for biofuels to meet applicable sulphur limits, it has been more challenging to demonstrate that biofuels do not cause engines to exceed the applicable NOx emission limit. 

A new “Unified Interpretation (UI)” on the application of Regulation 18.3 MARPOL Annex VI in relation to biofuels was approved by the IMO’s MEPC in June 2022. According to the International Bunker Industry Association (IBIA), the UI means that biofuel blends up to 30% (B30) will be regarded in the same way as regular oil-based fuels. The UI also allows the use of B30 to B100 biofuels for “engines certified in accordance with regulation 13 of MARPOL Annex VI which can operate on a biofuel or a biofuel blend without changes to its NOx critical components or settings/operating values outside those as given by that engine’s approved Technical File”. 

The UI has been issued as MEPC.1/Circ.795/Rev.6, replacing MEPC.1/Circ.795/Rev.5.

Do you know the safe passages through the Bohai Strait in China?

The Bohai Strait in China is the only entrance and exit for vessels to the Bohai Sea. In recent years, there have been frequent reports of ships being fined by the authorities for crossing the areas with restricted navigation in the Bohai Strait.
Moreover, vessels often also come into contact with fishery farms or fishing nets when navigating in those areas. Members and masters of vessels calling at ports in the Bohai Sea are advised to familiarize themselves with the safe passages through Bohai Strait to avoid penalties and fishery related claims.

 

 

Sources: Lloyd’s List Intelligence - Transit Data (2017-2021); HiFleet - Chart image

Case study

In March 2022, a Gard Member’s cargo vessel was on an outbound passage in the Bohai Sea having departed from Tianjin. Before arriving at the Laotieshan Channel, the OOW received a VHF call from Dalian VTS stating that due to a military exercise in the area, the Laotieshan TSS was temporarily closed. The Master on the bridge considered the options available and decided to pass between the islands of Daqin Dao and Tuoji Dao. The vessel adjusted her course and passed through the Beituoji Waterway as shown in the below map. The next day the vessel received a message from the China Maritime Safety Administration (MSA) stating that the vessel had passed through the area with restricted navigation and was therefore in breach of China’s Marine Traffic Safety Law.

 

Source: HiFleet - Member vessel’s track in and out of the Bohai Strait

Fines

The local MSA imposed fines for the breach of the provisions for passing through the restricted area:

l   The owner was fined CNY 40,000 (USD 6,000).

l   The Master was fined CNY 8,000 (USD 1,200).

l   The OOW was fined CNY 6,000 (USD 900).

 

The MSA also warned the vessel of potential claims against it as a result of contact with fishery farms and nets in the area. Fortunately, no such claims have been received to date.  

 

Transit data

The Bohai Strait is the only entrance and exit for vessels to the Bohai Sea. The Miaodao Archipelago, located in the middle and south of the strait, divides the strait into a dozen waterways. From north to south, there are the Laotieshan Channel, Daqin Waterway, Xiaoqin Waterway, Beituoji Waterway, Nantuoji Waterway, Changshan Waterway, Dengzhou Waterway, etc. According to information obtained from the Yantai MSA, most breaches are in the Beituoji Waterway of the Miaodao Archipelago, as also experienced by our Member’s vessel in the above case study. According to Lloyd’s List Intelligence, there are 125 transits by vessels of various types and larger than 3,000 Gross Tonnage (GT) of Beituoji waterway alone, during the period 2017 to 2021. Among them:

  • Foreign vessels account for 94% of the total transits.  
  • 58% vessels are bulk carriers and 27% are tankers of various types.
  • 45% ships are more than 199 metres in Length overall (LOA). In 2017, a fully cellular containership of 400-metre LOA transited the Beituoji Waterway.
  • 12% are vessels entered with Gard.

Passing through Bohai Strait safely

Information available in nautical publications

  • Paper charts: A cautionary note can be found on British Admiralty (BA) Charts (such as BA1206), stating that Laotieshan Shuidao, Changshan Shuidao and Miaodao Haixia (Dengzhou Shuidao) are the only navigable channels through the Bohai Strait. It is worth noting that only vessels of 200GT or less are permitted to transit Miaodao Haixia (Dengzhou Shuidao).
  • ECDIS: The following snapshot indicates how typical cautionary notes are displayed on the ECDISNavigating is prohibited in the fairways of Miaodao Qundao except Changshan Shuidao and Miaodao Haixia (Dengzhou Shuidao). Only vessels of less than 200GT can go through Miaodao Haixia.
 
Typical cautionary notes on the ECDIS
  • Admiralty Sailing Directions (ASD) NP32B states that foreign vessels are only permitted to use three of the channels, namely Laotieshan channel, Changshan channel and Miaodao Haixia (Dengzhou Shuidao) (for vessels of 200GT or less only).

Other maritime safety information

Shandong MSA has published several navigational warnings (NWs) and notices to mariners (NTMs) to address the frequent breaches by merchant vessels, such as the NW SD0434 and NTM No. 068 in 2017, NTM No. 0519 in 2020, NW SD0088 in 2022. The recent warning published on 14 March 2022 includes the following information:

BOHAI STRAIT, MIAODAO ARCHIPELAGO, BEITUOJI CHANNEL NOT OPEN.

PASSING THROUGH PROHIBITED.                       

SHANDONG MSA CHINA.

 

Frequent breaches

  1. Mariners on foreign ships are not familiar with the areas with restricted navigation in the waters of the Miaodao Archipelago. The statistics indicate that foreign ships account for 94% of the total transits of the Beituoji Waterway between 2017 and 2021 and Chinese ships account for 6%. The actual number of breaches by Chinese ships may be even less because the statistics also include approved transits by Chinese rescue ships and training ships.  
  2. Electronic charts do not display cautionary notes as clearly as paper charts. Many merchant vessels have been equipped with two sets of ECDIS to replace paper charts. However, ECDIS users have to query an object on the screen to find out more about it. Safety information such as the cautionary notes may not as readily available as on paper charts and it may take a few clicks to bring up a submenu to find the information.  
  3. The names of the various waterways as listed on nautical publications are not easily understood by some mariners. Out of respect for local culture or for consistency with information in Chinese publications, many geographical names used in maritime safety information is in Chinese Pinyin instead of a proper translation. These may not be easily understood by foreign mariners. For example, in nautical publications, quite often Haixia is used for Strait as in Bohai Haixia, Shuidao for Channel or Waterway as in Laotieshan Shuidao, Qundao for Archipelago as in Miaodao Qundao, etc.
  4. Vessels may choose alternative passages to avoid any area with military activities in the Bohai and North Yellow Seas. In our case study, the vessel decided to adjust her route because of the information received from Dalian VTS. There are frequent military drills and exercises in the Bohai and North Yellow Sea. Normally MSA will issue notices to mariners warning merchant vessels against entering the area. In order to avoid such area and possible congestion or delays, vessels may seek to use alternative routes that they normally would not take. Since Laotieshan TSS is within the coverage of Dalian VTS, the waters of the Miaodao Archipelago are under the administration of Yantai MSA. Vessels may find it difficult to obtain effective support or verification of any route adjustment or selection from the relevant VTS.
  5. Vessels may also adjust their routes to avoid high concentrations of fishing boats in the Laotieshan Channel or Changshan Waterway. During the fishing season, there are a large number of fishing boats in Bohai Strait and North Yellow Sea. There have been some collisions between merchant vessels and the fishing boats in Laotieshan Channel and Changshan Waterway in the past. For example, a collision between a merchant vessel and a fishing boat in the Laotieshan Channel in 2020 led to the sinking of the fishing boat with the loss of all 10 crew. Mariners may seek “alternative” routes if they expect increasing fishing traffic along their planned routes through the Laotieshan Channel or Changshan Waterway.
  6. Relevant maritime safety information (MSI) may not be readily available to mariners. The NWs published by China MSA are in English and Chinese, but NTMs are only in Chinese. And not all NWs or NTMs are picked up by the China Navy Hydrographic Office (CNHO). Since United Kingdom Hydrographic Office (UKHO) uses CNHO products, including Notice to Mariners to keep UKHO products up to date. If relevant MSI published by China MSA is not picked up by CNHO, mariners who relying on British Admiralty publications may not receive such navigationally significant information from UKHO.

Consequences of breaches

Penalties for non-compliance

According to the Maritime Traffic Safety Law of China, any breaches of the legislation will be dealt with by the MSA. Article 44 of the law requires that a vessel shall not enter or pass through the restricted navigation zone in violation of provisions. Article 103(7) sets out the penalties imposed on vessels entering or passing through restricted navigation zones in violation of the provisions. Accordingly, vessels shall follow the instructions received from the MSA to take corrective action and:

  • The owner, operator or manager of the vessel in violation of the law shall be fined not less than CNY 20,000 (USD 3,000) but not more than CNY 200,000 Yuan (USD 30,000),
  • The Master and any liable crew members shall be subject to a fine of not less than CNY 2,000 (USD 300) per person but not more than CNY 20,000 (USD 3,000) and suspension of their certificates of competency (COC) for three to twelve months, and
  • In more serious instances, the Master and any liable crew shall be subject to revocationof their certificates of competency.

The measure involving the suspension or revocation of certificates is only applicable to COC or COE issued by China MSA.                                                                               

Risk of navigation incidents

Contact incidents

Fishing and aquaculture are traditionally important livelihoods of local people living on the islands in the Miaodao Archipelago. Fishing nets or marine farms can be found in the waterways prohibited to navigation. Any vessels transiting the area are prone to coming into contact with marine farms or fishing nets.

Grounding

Merchant ships have been prohibited from navigating the waterways of the Miaodao Archipelago for decades due to militarily activities. The hydrography data for the area shown on nautical publications may not be accurate and reliable. For example, as highlighted in MSA’s information, there are reefs in the Beituoji Waterway making it unsafe for vessels, especially large vessels, to transit.

Recommendations

  • Masters of vessels calling northern Chinese ports in Bohai Sea are recommended to:
    • familiarize themselves with the safe passages through the Bohai Strait which are the Laotieshan Channel and the Changshan Waterway for vessels over 200GT. Both the Laotieshan Channel and the Changshan Waterway are properly surveyed and are under the supervision of respective VTS,
    • plan for potential congestion and delay, and consider using the other channel as an alternative route if one channel is temporarily not available for transit,and
    • refer to up to date nautical publications onboard, paper/ENC charts, ASDs, etc., and NWs/NTMs published by the MSA when preparing a passage plan, include notes in the plan on the safe passages through Bohai Strait, and make user areas on ECDIS to warn OOW of areas with restricted navigation.
  • Members with vessels trading to ports in the Bohai Sea are advised to:
    • share fleetwide circulars about the safe passages through Bohai Strait and the consequences for breaches to raise awareness among crew, and
    • exercise due diligence and remind crew to collect all relevant information on safe transit from nautical publications, ships’ agents and China MSA so as to make appropriate passage plans keeping away from areas with restricted navigation.

 




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