President’s Corner

We are rapidly approaching (one month or so) the next NAMSGlobal Board Meeting. As discussed in the last NAMS eNews, it will be on Sunday, September 16, 2012 from 1300 to 1600 at:

Liberty International Underwriters
One Riverway, Suite 400
Houston, Texas 77056

We will need an RSVP if you plan to be personally in attendance or by phone. Please let Evie know immediately. The Board members will be given preference for personal attendance due to space limitations. Lunch will be provided for those in attendance and a call in number will be provided to those who RSVP as such.

Now is the time to submit a proposal or agenda item to the Board for the next NAMS Global Board Meeting. There is a form available from Evie that needs to be filled out with sufficient background for the Board of Directors to vote on the proposal. We look forward to receiving these items in the near future.

The Board meeting is in conjunction with the Houston Marine Insurance Seminar. This will be an approved Continuing Education credit forum. We expect up to 10 credits for it.

As we move forward on a number of initiatives, I wanted to discuss just a few in more depth:

  • Marine Warranty Surveyor – Doug Devoy, Greg Gant and Chris Bowman have been hard at work hammering out a plan for this creation as a new Surveyor Discipline. We hope to have fully positive news at the meeting.
  • Ed Shearer and his team are busy with the Subchapter M protocol development. Again, we expect a full update and plan going forward.
  • Various members are working on a fishing boat proposal, updates to guidelines and other factors needing to be completed for the continuity of NAMSGlobal.
  • One agenda item that I have spoken in the past about is the requirement of 350 surveys for applicants seeking CMS status. Based on my knowledge of the industry and the differences between the types of surveys done, this may be an antiquated hurdle. It eliminates many very capable mariners who do surveys from our ranks. We will be discussing this at the next Board of Directors meeting so I look forward to your comments on this subject.

On a very positive note, we continue to see an influx of new applicants and members. On a negative note, our membership is aging and we are just staying even with the retiring members.

Let’s all make a promise to recruit one new member by the end of my term.

On the subject of the Continuing Education credits, please talk to Dick Frenzel or the Committee before moving forward on things that are non-standard or “out of the box.” Give the Committee a chance to review the proposed CE credits to prevent any issues with acceptance.

We look forward to seeing you all in September. I will publish directions and access procedures about one week prior to the event. The website for the HMIS is It is in the Westin Galleria Hotel (10 minute drive from my office).

Keep your sails trimmed until then.

Steven P. Weiss, NAMS-CMS, President

Editor’s Message

The news articles and current events you send in make the NAMSGlobal E-News interesting to readers in all disciplines of marine survey: Send new material to [email protected].

Thanks, and best regards to all.
Greg Weeter, Editor

Qualifications & Certifications Committee Message

As many of you know, we are working on bringing our NAMSGlobal test content, format, and methods, up to modern standards.

Ian Cairns and his subcommittee have done an excellent job with the cargo test with Sub-Sections for specialties, Liquid Cargo and Tanker Surveyor, Draft Surveyor, and General Cargo Surveyor. The questions are in a variety of forms such as T or F, multiple choice, and a few narrative. This will enable us to move into the secure on-line mode in the future.

The Hull and Machinery Test is near completion, by John Colletti and his sub-committee, with Sub-Sections for Blue Water and Brown Water Surveyors. They are still working on fine-tuning more of the narrative questions into multiple-choice questions, which is not easy in many areas.

Our biggest challenge is with the Y&SC Test. The current tests are cumbersome, subjective, and in many cases ” out of date” as far as CFR’s, ABYC, and NFPA are concerned.
So here is where we need your help. We are soliciting multiple choice, T&F, and Short Narrative type Questions and Answers, from each and every NAMS Y&SC surveyor, CMSs & Associates. Multiple Choice questions must have; one correct answer, one maybe answer, and one or two wrong answers, the correct answered identified. T&F questions must be clear and not tricky, the correct answer identified.

Any Narrative questions should be clear and concise, worded to where it can be answered within 25-30 words. Your correct answer must also be furnished.

Any Q&A that are taken from any Laws or Standards, must have the correct reference with the answer.

As an Incentive to participate in the effort, every 5 Q&A accepted will get you one CE. Ten will get you two CEs. So, Let’s get going.

Don’t hesitate to contact me with any questions concerning this opportunity.

Regards, Dick Frenzel
Chairman Q&C Committee
[email protected]
Phone 713-419-8855

NAMS Applicants, New Members, Changes in Status

New Applicants
Name Status / Discipline Applying For Region Sponsor(s)
Casey Herschler Apprentice / H&M W. Gulf James Pritchard
Michael Previti, NAMS-Associate NAMS-CMS / Y&SC C. Atlantic David C. Manning
William G. Tomberlin, Jr. NAMS-CMS / Cargo S. Atlantic Kelly Pulsifer

New Members Elected 19 July 2012

Certified Members
Name Discipline Region Sponsor(s)
Barnaby Blanch Y&SC N. England Dexter Holaday
Michael Hunter Y&SC W. Rivers Roy Smith


Apprentice Members
Name Discipline Region Sponsor(s)
Jarred McAfee Cargo W. Rivers John R. Dott


Requesting Change in Status
Member Name & Current Status Requesting Change To Region
Edgar Alan Benton, NAMS-CMS Retired W. Canada
Pete Brown, NAMS-CMS Retired S. Atlantic
Fred Leonard, NAMS-CMS Retired N. England
Jules L. Schubert, NAMS-CMS Retired E. Gulf
Uwe Jaeckel, NAMS-CMS Inactive S. Pacific States
Anastasios Makropoulos, Inactive NAMS-CMS G. Lakes

Crossed The Bar

Sunset and evening star, And one clear call for me!And may there be no moaning of the bar, When I put out to sea,But such a tide as moving seems asleep, Too full for sound and foam,When that which drew from out the boundless deep Turns again home.Twilight and evening bell, And after that the dark!And may there be no sadness of farewell, When I embark;


For though from out our bourne of Time and Place The flood may bear me far,

I hope to see my Pilot face to face When I have crossed the bar.


William (Bill) Nesser, 1920 – 2012 Bill was a retired CMS member, of Louisiana. He passed away in late July, 2012. He joined NAMS in 1970 and retired in 1986. Bill was a proud veteran of the Merchant Marines serving during WWII.
Robert Reutti (1921 – 2012) NAMS Charter Member and Life Member Bob recently passed away in Spring Hill, Florida. Link to the Obituary:
Delbert “Bud” Eugene Tretter, NAMS-CMS, 1931 – 2012 Bud resided in Lomita, California. He was a long time boater (lived aboard a sailboat beginning at age 2). He was also a Veteran of Korean War in U S Air Force, worked in his father’s shipyard, former NAMS Regional Director, ABYC member, raced in four Transpac races, acted in the McHale’s Navy TV show. Courtesy Peter Britton, NAMS-CMS
Robert Loeser, Honorary NAMS Member, 1921 – 2010 Kim MacCartney reports that one of our long time NAMSGlobal Honorary members, Robert Loeser, passed away in October, 2010. He had been living in Corvallis, Oregon. Mr. Loeser was instrumental in the formation of ABYC, and in consulting, preparing and presenting numerous Boat Accident Investigation Seminars. He was Member Emeritus of the NFPA Committee on Motor Craft.

Upcoming Educational Events

ABYC Webinars on Electric Shock Drowning

This Webinar is free of charge.

In response to the recent multiple tragedies, ABYC and various instructors present Parts I and II of an updated and FREE Electric Shock Drowning Webinar to alert the unsuspecting to the dangers of this Invisible Killer. The ESD Webinars will be available for unlimited viewing at no charge for a limited time.

These essential and educational webinars cover the basics of electric shock drowning unfamiliar to many marine professionals. Topics include: real life stories/examples, the mechanics of electric shock drowning, detecting electrical current in waterways, and prevention. Who should attend? Marina owners/operators, electricians both land and marine, boat owners, insurance companies, investigators, first responders such as fire, rescue, coast guard and anyone who spends time on, in, or around fresh water.

Please check the ABYC Education Calendar for upcoming Webinars and Education Courses.

AIMU Online Education

There are new additions to AIMU’s online Web Lecture Center, which now offers fourteen webinars. The online Web Lecture Center can be accessed through the AIMU website under the ‘Education’ tab or directly at Additional recordings will be added continually and will particularly benefit those who prefer viewing the lectures at their convenience. The fee for each webinar is $50 (members) and $75 (non-members).

Diploma in Yacht & Small Craft Surveying, Online
Level One (leading to Level Two – Practical Training Week & Surveyors Log Book and Level Three – Peer Review)

For the 2011-2012 Diploma In Yacht & Small Craft Surveying brochure, please click here. For further information please contact: Ken Lovegrove. International Distance Learning Representative Email: [email protected]Telephone: +1 250 833 5771 or FREEPHONE +1 800 262 9176 [email protected]

SUNY Maritime College Online

SUNY Maritime College is offering the online courses listed below. All four courses are offered entirely online. Classes: Typical costs for online classes are $800.00 plus class book. Saving travel, lodging, meals and time away from your business practice. CEUs earned the typical 6-week course earns 18 credit hours for continuing education credits.

Class schedule for 09/2012 – 05/2013:

  • HULL: 09/13/12 to 10/22/12
  • CARGO: 11/01/12 to 12/12/12
  • YACHT: 1/18/13 to 02/28/13
  • CARGO: 03/01/13 to 04/11/13
  • HULL: 04/12/13 to 05/23/13

To obtain syllabus of the classes contact: Janet Peck, NAMS-CMS, [email protected] To enroll in any of these classes you should contact: Margaret Poppiti Administrative Assistant Department of Professional Education & Training SUNY Maritime College, 6 Pennyfield Avenue, Throggs Neck, NY 10465 (718) 409-7341 [email protected]

30 August 2012, Brisbane, Queensland, Australia

Australasian Institute of Marine Surveyors Biennial Conference, Stamford Plaza. The Conference is titled ‘Major Port Development – The Gladstone Experience’. For anyone wanting to know more they can e-mail the following: [email protected] or [email protected]

5 & 6 September 2012, London, UK

3rd Maritime Salvage & Casualty Response Seminar.

Among the key topics this year we include a Ship Owner’s Perspective: What is the general perception of salvage and casualty response? Expectations of cost and service, desirable relationship between salvors and insurance. We also have a Panel Discussion which among other issues will touch on Environmental Response & Reward, and relationships between insurance industries and the salvors. Peter Townsend – Senior Underwriter, Hull & Liability, Vice President- Swiss Re and Jonathan Lloyd Jones- Managing Director- JLJ Maritime are among the panelists.

For registration information, contact: Dimitri Pavlyk on +44 207 981 2503 or [email protected]

4 – 7 September 2012, Hamburg-Germany

Shipbuilding, Machinery & Marine Technology (SSM) – International Trade Fair

SMM is the leading international forum of the maritime industry. Every two years, the representatives of the shipbuilding and marine equipment industries from all parts of the world meet in Hamburg, present innovations and forward looking technologies, and set the course for future success of the industry.

Main Product Groups: Ship Building, Shipyard Industry, Ship’s Equipments, Gears and Drives Technology, Electrical Engineering, Electronics, Ocean Engineering, Ports, Port technology, Load transfer systems, Shipping companies, Consulting, Services, Defense Technology, Offshore Technology, Environmental Engineering, Vessels, Shipping, Marine Engines, Sensors, Supervision Equipment, Information Systems.

16-18 Sept 2012, Houston Texas

Houston Marine Insurance Seminar. For details, go to

2-4 October, 2012, Louisville, Kentucky

IBEX The International Boatbuilders Exhibition & Conference. For details, go to

NAMSGlobal will have a booth at IBEX. All members attending IBEX are encouraged to assist by manning the booth. Please email Greg Weeter with your contact info. We have several exhibitor parking passes available for early replies.

5 October 2012 Louisville, Kentucky

Western Rivers Region Regional Meeting following IBEX. Details to be posted on NAMSGlobal Website Events Page.

10 – 13 October 2012 Baltimore, MD

SAMS Annual Meeting & Conference. For details, go to

The Society of Accredited Marine Surveyors®, Inc. will hold its 2012 Annual Conference and Educational Training Symposia at the Hyatt Regency Baltimore on the Inner Harbor, 300 Light Street. For further information call the SAMS Office Manager, Rhea Shea, at 800-344-9077 or Email [email protected].

5-6 November 2012 Dubai, UAE

This is a unique two-day course based on the bestselling book Report Writing for Marine Surveyors by Mike Wall. The course is aimed at all marine surveyors – new and fully-experienced alike – and provides the essential tools, tips and skills for them to prepare, write and present clear, precise, consistent and useful reports for their clients. The course addresses every point in a logical and understandable manner and provides excellent examples on why certain types of report work and others don’t. Even the most experienced, knowledgeable and well-trained marine surveyor needs to be able to express his findings in a well-structured, easily-read and properly presented report in order to maximize the impact of his work. This course provides the right tools to do just that.

The event will take place at the Jumeirah Emirates Towers, Dubai, UAE.

5 – 7 December 2012, New Orleans, LA

The International Boat Show, New Orleans, Louisiana. For details, go to The International Workboat Show.

30 January – 01 February 2013, Ft. Lauderdale, Florida

International Marina & Boatyard Conference. IMBC is the only conference specifically geared toward marina and boatyard owners, operators, and managers as well as dock masters, harbormasters, boat builders and repairers, and industry consultants. It is where dedicated marine professionals gather to exchange information, talk about the future of the industry, explore new methods and techniques, receive updates on revised standards and established rules, and discover new products. The conference is produced by the Association of Marina Industries (AMI). For details phone (401) 682-7334 or email [email protected]

3 – 5 March 2013, San Diego, CA

NAMSGlobal’s 51st National Marine Conference will e held at the Catamaran Resort Hotel & Spa, 3999 Mission Blvd., San Diego, CA. 92109
Conference room rate for Single/Double is $149.00, plus taxes
Reservations: 858.488.1081 or toll free 800.422.8386


Request For Volunteers For Committees

NFPA 302 Committee

The NFPA 302 Committee announces they would like to have a formal representative for NAMSGlobal aboard. Joe Derie, NAMS-CMS has expressed interest. There is a meeting in Boston, Massachusetts on August 28 and 29. Our new delegate could attend that meeting. Please call John McDevitt,, SAMS-SA if there are any questions about committee membership. Cell phone 
610-220-5619. To discuss being the NAMSGlobal delegate, please contact our NAMSGlobal President, Steven P. Weiss. Email [email protected].

NAMSGlobal Speakers Bureau

A new program was announced at the recent board and general membership meetings. In an effort to keep the NAMSGlobal brand prominent in the eyes of the boating public, the marine transportation and insurance industries, NAMSGlobal is setting up a Speakers Bureau. All NAMSGlobal members who are interested in presenting an informative program are encouraged to compile a presentation with photos. Groups desiring a speaker can select a member and agree on time and place. Contact Mike Beijar, NAMS-CMS (Website & Communications Committee) by email at [email protected] to list your topics of interest.

Articles Of Interest

Holiday Advisory

CargoNet’s analysis of historical cargo theft data shows that the rate of cargo theft increases over holiday weekends. These eleven steps can help your company prevent theft, as well as recover stolen cargo in the event that you suffer a loss.

  1. Ask local police agencies to make routine checks of facilities during holiday down time.
  2. Avoid having loaded trailers sit unattended over the weekend. If loaded trailers do need to sit unattended, be sure they are parked in secure areas.
  3. Make sure that both security managers and drivers have accurate license plate, VIN, and descriptive information for tractors, trailers, containers, and container chassis’. Police agencies will need this information to open an investigation in the event of an incident.
  4. Consider deploying covert tracking devices in product and on trailers. If using tracking devices, be sure to geo-fence all stationary trailers that are not being actively monitored.
  5. Secure all tractors with high-security locking devices, such as, air-cuff and tractor steering joint locks.
  6. Secure all trailers (loaded and unloaded) with high-security ISO 17712 compliant barrier seals in combination with hardened padlocks. Utilize king pin locks for unattached trailers.
  7. Check to make sure that facility lighting, back-up generators, alarm system(s) and surveillance equipment are all in good working order.
  8. Never treat any alarm signal as a “false alarm”. When targeting warehouse locations, cargo thieves tend to trip facility alarm systems multiple times before breaking-in to give law enforcement and facility managers the impression that the alarm system is malfunctioning.
  9. Remove keys from all facility equipment, especially motorized pallet jacks and forklifts.
  10. Document and report all suspicious activity that occurs in and around a facility to security personnel & the CargoNet operations center. This information can be critical to law enforcement in the event of a cargo theft incident.
  11. If you are a victim of a theft, immediately notify local law enforcement, and call the CargoNet operations center.

Courtesy AIMU Weekly Bulletin

USCG – Phase 2 Towing Vessel Bridging Program

The Fifth Coast Guard District issued a bulletin announcing that Phase 2 of the Towing Vessel Bridging Program commenced on 1 July, 2012. The program transitions towing vessels from uninspected to inspected status. Phase 2 will focus on prioritized examinations, underway law enforcement boardings, and surge operations. Greater emphasis will be placed on those companies and vessels that have not participated in the Industry Initiated Exam (IIE) program. Marine Safety Information Bulletin 001-12 (6/25/12). Courtesy Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

USCG – TVNCOE listserv

You can now receive email notifications from the Coast Guard Towing Vessel National Center of Expertise (TVNCOE) by subscribing to the mailing list, which is hosted on the Coast Guard List Server (CGLS). They will use this mailing list to send out information that would be of interest to the owners and operators of Coast Guard regulated towing vessels and Coast Guard members who conduct towing vessel examinations and inspections. Items posted will include safety information, regulatory updates, updates to the TVNCOE website, etc.

To subscribe you will need to fill out a short electronic form. If you prefer to go to the CGLS to subscribe you can do so by going to Once you have read the warning statement click on the agree button and you will be taken to the homepage for the CGLS. On the CGLS homepage click on the “Hosted Groups” tab located towards the top of the page then click on the “Marine Safety” hyperlink. Scroll down until you see the list titled “Coast Guard Towing Vessel National Center of Expertise” and you will see a hyperlink titled “Subscribe/Unsubscribe” below the title. Clicking on that hyperlink will take you to the electronic form used to subscribe to the email list. (6/8/12). Courtesy Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant


In re Gore Marine Corp., 767 F. Supp. 2d 1316, 2011 AMC 1951 (M.D. Fla. 2011). The passenger and operator of a recreational fishing vessel were injured when the vessel they were traveling in allided with an anchored dredge pipeline at night. The court applied both the Oregon and Pennsylvania rules. In attempting to overcome the presumption of the Oregon rule, the fishing vessel operator argued that the dredge was improperly manned and equipped, and lacked a lookout as required by Rule 5 of the COLREGS. The court found the dredge to be properly manned, equipped and trained and that Rule 5 was inapplicable to the anchored vessels.

The fishing vessel operator also argued that Rule 7 was violated by failing to use all available means to avoid collision, and Rule 8 for failure to take action to avoid a collision. Again, the court found the Rules inapplicable to an anchored vessel, and even if Rule 7 did apply, the court found that the dredge crew used all available means. In applying the Pennsylvania rule, the court found that the fishing vessel operator violated both Rule 6 and Rule 7 of the COLREGS by failing to maintain a safe speed and failing to determine if risk of collision existed. The operator testified that she saw both red and green sidelights, indicating a collision course, but could not make out the vessel. The court found that upon closing the distance and still having doubt as to the vessel she was approaching, the operator had a duty to slow her speed and alter her course to avoid collision and she failed to do either. (MLA Report, Spring, 2011) Courtesy AIMU Weekly Bulletin.

Ocean Carriers Plan To Double Scrapping This Year

Ocean carriers and shipowners are set to scrap container ships totaling more than 200,000 20-foot equivalent units capacity in 2012, more than twice the capacity sent to breakers’ yards last year. But this will be dwarfed by new vessel deliveries, which are expected to hit 1.4 million TEUs in 2012, container market analyst Alphaliner said. So far this year 69 ships totaling 124,000 TEUs have been scrapped, compared to just 85,000 TEUs for the whole of 2011. By contrast, deliveries of new ships have already reached 621,000 TEUs.

Scrapping is expected to accelerate through the year, driven by low earnings and a weak outlook for older, less efficient vessels. The sharply higher demolition rate will make 2012 the second highest year of scrapping behind the record-breaking 379,000 TEUs broken up in 2009, according to Alphaliner. The average age of scrapped container ships has dropped to 26 years compared with 28 years in the past decade. (Journal of Commerce, 5/22/2012) Courtesy AIMU Weekly Bulletin.

Costa Concordia Salvage: Rotate And Refloat Ship, Then Tow It Away
David Tyler

In what is being called the largest salvage operation of its kind in history, two salvage companies have been hired to refloat and tow away Costa Concordia, the huge luxury cruise ship that struck a rock and foundered near an Italian island in January. Thirty people died and two are still missing as a result of the disaster. The ship, carrying 4,229 passengers and crew, tore a hole in its hull when its captain took the vessel to within 500 feet of Giglio Island on Jan. 13. The ship, listing sharply to starboard, came to rest on the bottom near the island, with its upper deck and much of its port side above the surface.

In late April, Titan Salvage, owned by Crowley Maritime Corp., and the Italian marine contractor Micoperi were awarded the contract to remove the 952-foot, 114,147-gross-ton ship in one piece. The contract is designed to minimize the environmental impact of the wreck and to protect the tourism economy of the nearby island. The salvage operation will be the largest ship removal, by weight, in history, Titan Vice President Rich Habib said at a May 18 press conference in Rome, where the salvage plan was unveiled. The project is expected to cost about $300 million. Titan-Micoperi hope to have the vessel refloated and towed to an Italian port by Jan. 31, 2013.

The salvage plan entails the use of caissons, cranes and pulling machines to roll the wrecked vessel upright onto specially constructed platforms underneath the ship. Water will be drained from the caissons, which will be filled with air to refloat the vessel. The work to remove the ship began in May. The massive scope of the project is one of the factors that make the job so difficult. “The most challenging aspect of this project that I see is the sheer magnitude of the vessel,” said David DeVilbiss, vice president of marine casualty and emergency response services at Global Diving & Salvage Inc., in Seattle. Another factor complicating the task is that the vessel is in a tourist area, close to shore. “You are definitely under a microscope,” he said. All the heavy fuel, diesel oil and sludge were removed from the wreck by March 24 by the Dutch salvage company SMIT. Titan and Micoperi will start by measuring water quality and surveying marine life before the project begins to establish a base line so the site can be restored to its original state. The structural integrity of the ship will also be checked.

Buck Banks, spokesman for the North American office of shipowner Costa Crociere, said the inspection of the wreck site will be done by July 31 and a safety survey of the wreck completed by Aug. 31. Titan-Micoperi will then install holdback pilings on the ocean floor on the ship’s starboard side, according to a video released May 18 by the two salvage companies. Tieback cables from the pilings will be attached to the ship’s hull to keep it from sliding into the ocean. Next, steel plate slings will be installed under the hull and connected to more tieback cables, according to the video. Large grout bags filled with sand and cement will be laid underneath the hull to provide more hull support, to help keep the steel plates in place and to help the ship pivot. Several platforms measuring about 130 by 130 feet each will be built and anchored to the ocean floor by restraining poles to support the ship when it is rolled upright. The poles will be drilled into the sea floor using a technique that will leave no debris behind after the poles have been removed, according to the video. Watertight caissons will be welded to the port side. They will come with the pulling machines already installed. The machines will be connected to pulling points on the platform. Using two cranes and the pulling machines, the ship will be pulled upright, inch by inch, aided by the caissons, which will be filled with water. Holdbacks on the starboard side will keep the ship from sliding along the ocean floor. Once the ship is righted, caissons will be welded to the starboard side. The water in the caissons will be purified to prevent pollution. Then the caissons will be filled with air, lifting the ship off the platforms. Costa Concordia will be towed to an Italian port yet to be determined, where it is likely to be scrapped. Representatives of Titan and Micoperi said they could not comment on the project for this article.

According to Joseph Farrell, president and CEO of Resolve Marine Group, the key point will come when the vessel is rolled upright. Resolve, which is based in Fort Lauderdale, Fla., and five other American companies were among the 10 finalists for the salvage contract. Farrell noted that the vessel is lying on two humps, fore and aft. “The rest of it is not very well supported,” Farrell said. “When they make that axis of the turn, from her beam ends to a vertical position, there is a potential to crush the hull.” Farrell said the grout bags Titan-Micoperi plans to lay down will help to create a more level surface on the sea floor between the bow and stern. This way “you’re not putting extreme loads on the fore and aft area when you’re rotating,” he said. “The grouting underneath the hull to share the load during the pivot is very important because the caissons filled with water to help the roll will add more weight bearing load.” To support the salvage operation, there will be two main offshore construction vessels and a variety of smaller vessels, said Banks. There will also be a fleet of anti-pollution vessels. The project will require hundreds of workers, said Farrell, adding that those working on the project will also have to be rotated out, which will increase the demand for qualified workers. “This will take a lot of people from around the world, given the extent and duration of the job,” Farrell said. Courtesy Professional Mariner Magazine

Salvage Up for Discussion

In 2009, the Comite Maritime International (“CMI), an entity, which unites the maritime law associations of several countries, created an international working group in order to review the International Convention on Maritime Salvage of 1989, which was adopted in Brazil through the Legislative Decree 263 of 13/03/2009.

The convention deals with the remuneration of maritime salvage services replacing the previous rules in force of the Salvage Convention adopted in 1910 in Brussels, which incorporated the no cure, no pay principle, whereby the salvor is only remunerated by his services if the salvage operation is successful. The former regime provided few incentives for a salvor to take part in a salvage operation in which the chances of success were reduced.

The 1989 Convention tries to remedy such shortcoming ensuring that there is a special remuneration in such situations, taking into account the salvor’s skills and efforts in preventing or mitigating environmental damages, even if the salvor had not been successful in salvaging/rescuing the ship or cargo. The special remuneration consists in compensating the salvage costs increased by up to 30% of these expenses if thanks to the salvor’s efforts, the environmental damages were minimized or avoided. The court or appraiser of the remuneration may increase the compensation up to 100% of the salvage expenses if he judges this fair and reasonable. If, on the other hand, the salvor is negligent and consequently fails to minimize or avoid environmental damages, the special compensation shall be reduced or denied. The salvor’s remuneration is made by the ship and other interests involved in the ship’s voyage, at the proportion of the salvaged values.

The working group was formed after a CMI’s conference held in 2009 in Buenos Aires, when it was ascertained that there were great divergences of opinions between the solutions proposed by the 1989 Convention. The International Salvage Union and the insurance market understand the convention needs to be revised. On the other hand, the International Chamber of Shipping and the P&I Clubs are satisfied with the results of application of the Convention.

The Working Group is gathering information with all the associations that make up the CMI in order to assess this matter in more detail. At the CMI conference, to be held in China in the upcoming month of October, there will be several discussions on this theme. &

Courtesy Maritime Advocate Online a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: [email protected]

Court – LHWCA coverage

Over a strong dissent, the US Court of Appeals for the Fifth Circuit found no abuse of discretion in the award, under the Longshore and Harbor Workers’ Compensation Act (LHWCA), of disability benefits to an individual who incurred injury while working as a container repair mechanic for a company that repaired containers primarily from maritime sources but also from non-maritime sources. The container repair facility was located near, but not adjacent to, the waterfront. The court held that there was sufficient evidence in the record to uphold the findings that the injury was incurred on a maritime situs and that the individual was a maritime employee when the injury was incurred. New Orleans Depot Services v. Director, Office of Workers’ Compensation Programs, No. 11-60057 (5th Cir., 25 July 2012). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

FONASBA Supports Container Weight Verification Initiative

Better late than never we suppose. We learn that FONASBA, the international ship brokers and ship agents federation, has this week given its full backing to international government and industry efforts aimed at ensuring that shipping containers for export are accurately weighed.

The initiative, which is being led by the World Shipping Council in concert with shipowners’ association BIMCO, the International Association of Ports and Harbours, the International Chamber of Shipping and the International Transport Workers Federation, as well as the maritime administrations of Denmark, the Netherlands and the United States, will be launched at the 17th session of IMO’s Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC 17) in September.

The problem of under-declared and unverified containers is a serious one for ports and ships. A paper to be put forward at the IMO meeting revealed that in recent containership accidents, some boxes had been up to ten tonnes heavier than the manifest weight, leading to stack collapse, capsizes and even contributing to the break up of the vessel. Onshore, under-declaration has led to crane, straddle carrier and forklift failures as well as stack collapse, overturned trucks and damage to trains, roads and bridges.

With the ship agent being central to the movement of cargo to and from the vessel and port, issues arising from the handling of containers of unverified weight, especially those, which are under-declared, can affect the agent anywhere along the transport chain. Accordingly, FONASBA is very pleased to put its name to the initiative and to support it at the forthcoming IMO meeting.

[The parties should at their next conclave raise a glass and toast the efforts of David Cheslin, the container industry PR specialist who through his initiatives did more than his fair share to raise awareness of this chronic industrial problem–ed]

Courtesy Bow Wave–the marine and transport e-zine. BOW WAVE is published each week to over 15 000 Readers in the transport, insurance, shipping and finance industries. To subscribe contact Sam Ignarski [email protected]

Eastland sinking – 24 July 1915

On 24 July 1915, the passenger vessel EASTLAND capsized and sank at its dock on Lake Michigan in Chicago. Of the approximately 2,600 persons on board, 844 drowned. It remains the largest loss of life from a single shipwreck in the history of the Great Lakes. The ship was launched in 1903 and immediately acquired a reputation for being tender. It was top-heavy, with the center of gravity being too high, particularly when a large number of passengers congregated on the top deck. On the fatal date, the Western Electric Company had chartered the EASTLAND and two other passenger vessels to take employees and their families to a picnic in Michigan City. Legislation resulting from the Titanic disaster had recently been enacted requiring the EASTLAND and other passenger ships to install new (and heavier) lifeboats, further exacerbating its listing problem. At about 7:15 in the morning, shortly before the ship was due to get underway, it began to list to port. Despite desperate efforts by the crew to ballast the vessel, it lurched onto its side and sank at the pier. The company president and three senor company officers were indicted for manslaughter, but never tried. Legislation was later adopted mandating improvements to vessel stability. Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

Useful Links

Millionaire Disappears From Yacht

One of our members from Florida, Henry Pickersgill, NAMS-CMS, had a few seconds spot on the Good Morning America nationally televised show regarding the disappearance of a millionaire from his boat.

Hot Work

The Story Continues Courtesy of Dennis Bryant’s daily newsletter, we were reminded of how hot work stalks the purses of marine underwriters. The Australian Transport Safety Bureau (ATSB) has issued the report of its investigation into a cargo hold fire on board a the BBC Baltic, a general cargo ship, at Port Hedland, Western Australia on 26 January 2012. Employees of a local engineering company were gas cutting in the cargo hold when the fire started. Neither ship’s crew nor the local engineering company had considered and mitigated against the risk of fire. There was no fire watch. The measured words of the writers at the ATSB belong in the cuttings collections of docks and drydocks around the world:

Intermodal Containers: The Logistics of Leaving Afghanistan

Back in the day when your editor was a working underwriter of all things containerized, there were a few troublesome operators who insisted on including Afghanistan in their areas of operations. We used to assume that all containers bearing goods into the country were “one way boxes”, designed and destined to remain in-country. Courtesy of the Browser we learn from an article by Vanda Felbab-Brown in Foreign Affairs called Stuck in the Mud that this wise precaution is not likely to be followed by NATO. In a fascinating piece she writes:-: To get all its extra supplies out of Afghanistan, NATO needs to send one container over the Afghan border every seven minutes from now until 2015. With the Pakistan-Afghanistan border open again, much of that will travel southward. About a third, however, will make the even more perilous journey North, toward Tajikistan, Turkmenistan, and Uzbekistan. Given the conditions on these routes, NATO might not be leaving on time.

[If memory serves us well, we might expect to see, returned to international circulation, some of the most decrepit containers in the world. We predict a wet-damage bonanza–ed] Read the article in full here:-
Coast Guard Towing Vessel National Center of Expertise

A new frequently asked question (FAQ) regarding safety decal removal requirements after selling an uninspected towing vessel has been posted on the Towing Vessel National Center of Expertise website. The FAQ can be found in the Vessel Particulars section: The new FAQ reads: Q: Upon the sale of a UTV, is the removal of the Safety Decal required? ANS: The current edition of the UTV examination form (UTV Form 001 (6/11)) states, “The decal is to be removed from the vessel if the vessel is sold.” After further review and in the best interest of the TVBP it has been decided that the safety decals will not be removed on the sole basis of being sold. Current guidance is for Sectors not to actively engage in the removal of safety decals when vessels are sold. Working with the new owner or operator to ensure the vessel remains in compliance with current regulations is recommended. The decal removal stipulation in future UTV examination form revision(s) will be deleted.

New Poem Feature

Thanks to Ted Crosby, NAMS-CMS

With All Hands

I am the sea. I claim my own,
From all the sailor men ages have known,
From the savage who ventured his thong-bound raft
To the crew of the pride of the shipbuilders craft.
Out of them all, as centuries roll
Hundred by hundred, I take my toll.
I listen and smile as men on my breast
Toil on their voyages out of the west,
With child-like faith in courses they set.
Time remembers, but men forget
That out of the flotsam that puts to sea,
A tithe, my masters, belongs to me.

By James A. Quinby, The Street And The Sea


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