It’s possible that I shall make an ass of myself. But in that case one can always get out of it with a little dialectic. I have, of course, so worded my proposition as to be right either way (K.Marx, Letter to F.Engels on the Indian Mutiny)
Friday, July 21, 2023
SMIT Team Set to Begin Oil Transfer from Decaying FSO Safer
The UN-led effort to prevent a potential environmental and humanitarian catastrophe from the decaying supertanker FSO Safer off Yemen’s coast has taken a major step forward with the replacement vessel Nautica now en route to the site.
All technical preparations and agreements for the oil transfer operation have now been finalized.
The FSO Safer, containing an estimated 1.14 million barrels of oil, has been at risk of breaking up or exploding for years after the vessel was abandoned in 2015 due to the conflict in Yemen.
The UN has warned that a major spill would devastate fishing communities on Yemen’s Red Sea coast and cost estimated at $20 billion to cleanup. Disruptions to shipping through the Bab al-Mandab strait to the Suez Canal could cost billions more in global trade losses every day.
The UN Development Programme is implementing the operation to remove the oil. The UNDP has contracted SMIT, a subsidiary of Boskalis, for the operation.
The oil aboard the FSO Safer will be pumped out via a ship-to-ship transfer that is expected to take about two weeks to complete once the replacement vessel arrives.
A SMIT team has been on site at the Safer since late May aboard the multi-purpose cable laying vessel Ndeaver to prepare for the oil transfer operation.
The UNDP purchased the Nautica from Belgian tanker company Euronav in April specifically for the operation.
“With the Nautica now en route, we expect the removal of oil from the Safer to begin in the next week,” said UNDP Administrator Achim Steiner. “Removing the threat the Safer poses will be a huge achievement for the many people who have worked tirelessly on this complex and difficult project over months and years to bring us to this point. We will not rest until that threat is gone, and today we are close to beginning the operation.”
David Gressly, has UN Resident and Humanitarian Coordinator for Yemen, has led UN system-wide efforts on the Safersince September 2021.
“The ship-to-ship transfer of the oil is an important milestone, but not the end of the operation. The next critical step is the installation of a CALM buoy to which the replacement vessel will be safely moored,” said Gressly from aboard the Nautica. “I thank donors, private companies and the general public for providing the funds that have brought us so far.”
Panama’s Surprising IMO Win: Unpacking The UN Agency’s Controversial Election
By Captain John Konrad (gCaptain) In a surprising twist, Arsenio Antonio Dominguez Velasco of Panama emerged victorious in the United Nations’ International Maritime Organization (IMO) election for secretary-general, unexpectedly trumping China’s robustly backed candidate, Zhang Xiaojie, and fending off late competition from Finland and Turkey. This election signifies a notable transformation in leadership, causing a ripple of discomfort due to Panama’s intimate connections with China and its controversial status as a Flag of Convenience (FOC) nation. The maritime industry frequently reproaches FOCs for lenient laws safeguarding seafarers, lackadaisical attitude towards inquiries into ship mishaps, and the troubling registration of Ghost Fleet ships implicated in the transport of Russian oil.
Additionally, there is palpable disappointment among some due to the election of a seasoned IMO insider – the organization has been criticized by many as being a source of chaos rather than solutions to a growing number of maritime problems around the world – over progressive candidates, such as Dominica’s Dr. Cleopatra Doumbia-Henry. The latter, if elected, would have been the first woman at the helm of the organization. She also positioned herself as a strong climate change candidate, and promised to implement reforms to combat sexual assault at sea.
Did China Support Dominguez Velasco?
Why would China support Panama? Nobody is certain they did but thousands of Chinese-built ships are registered with Panama and China has, over the years, built strong diplomatic, economic, and personal ties with Panama, a fact that has not been lost on analysts. Following a switch of diplomatic recognition from Taiwan to the People’s Republic of China in 2017 under former President Juan Carlos Varela, Panama has seen a multi-billion dollar surge in Chinese investment in the country. Infrastructure projects ranging from bridges and commercial ports to a rail line and a cruise ship terminal have been the main areas of Chinese focus.
“China is seeking greater influence inside U.N. agencies—and it’s entered the race to head one with authority over global shipping rules,” warned Brett D. Schaefer a Senior Research Fellow at the Heritage Institute in a May report. “We have seen what the Chinese Communist Party (CCP) is capable of when awarded (influence at UN agencies). One need only look from 2015 to 2021, when Chinese national Fang Liu undermined the mission and integrity of the ICAO. Specifically, she used her influence to block Taiwanese participation, undermine accountability, and conceal a Chinese cyber-attack on the ICAO that spread malware to member governments and private industry.”
The Chinese delegation has big smiles as they congratulate Dominguez Velasco
Even if the Panama delegation is not directly influenced by China, the election has raised some concerns due to Panama’s association as a “flag of convenience” FOC which, along with other FOCs, ship the majority of Chinese exports. This term refers to the practice of countries registering ships under flags with less stringent requirements, leading to substandard practices. Most concerning is the fact that Panama is among the FOCs that have registered tankers suspected of transporting Russian oil, forming part of the so-called Ghost Fleet. The largest buyer of Ghost Fleet oil is China. This combination of Russian oil, Chinese buyers, and flag of convenience registered ships is what former Supreme Allied Commander, Admiral By James Stavridis called a “ticking time bomb“.
Panama’s Spotty Record
In addition to registering Ghost Fleet ships, Panama (and other Flag Of Convenience registries) has a spotty record for safety. When, for example, an American-flagged ship is lost at sea the investigation reports – handled by the NTSB – are often hundreds of pages long and include costly science and black box recovery operations. Panama rarely recovers black boxes that are submerged and their incident investigation reports often appear quickly written and lack scientific vigor.
Responding to these concerns, Panama’s maritime authority had earlier announced efforts to clean up its fleet and prevent the detention of substandard Panama-flagged ships in foreign ports. This commitment, however, has not eased the suspicions of some advocacy groups who monitor global maritime activities closely.
Women At Sea
The results of the election were also a setback for women’s representation in maritime leadership. Despite having three strong women candidates from Finland, Kenya, and Dominica, none were able to get the votes needed to win. This is viewed as a missed opportunity to address some of the pressing issues in the maritime industry such as sexual assaults at sea and the gender imbalance in maritime roles.
Some critics of the IMO have expressed disappointment at the election of an insider, Dominguez Velasco, who currently serves as the director of the Marine Environment Division of the IMO. These critics argue that the organization has been lax in its duty to regulate emissions from shipping and to prevent sexual harassment at sea, amongst other issues. This IMO division received particularly harsh criticism for its handling of the Wakashio oil shipped in 2020.
This election also comes at a time when the US Coast Guard – which leads the US delegation and votes on the election – is under fire for sexual assault at sea coverups.
During a recent U.S. Senate Committee hearing, the Coast Guard was criticized for its handling of sexual assault cases and its lack of accountability and transparency. Most notably, Senators Maria Cantwell and Ted Cruz expressed anger over the USCG’s handling of sexual assaults within the maritime industry and demanded an Inspector General investigation of the coverup which will likely include a full review of why the USCG has made little progress in advancing Secretary Pete Buttigieg’s concerns with the IMO, and if a USCG delegate to the IMO blocked new Mishipman X SASH initiatives at an IMO committee last year.
“Senators took turns raging at the Coast Guard’s ‘heartbreaking, maddening, frustrating and intolerable‘ record of handling sexual assaults. Furious legislators slapped the embattled Service with an Inspector General investigation and demanded greater accountability from a Coast Guard that is struggling to reconcile a demanding, zero-defect culture with an imperfect reality,” said Craig Hooper of Forbes. “When the Coast Guard cannot move accurate information up through its own Command Chain, and the assorted pressures of the Coast Guard’s zero-defect culture show signs of bending and breaking the Coast Guard’s core values of honor, respect, and devotion to duty, it’s a problem.”
Yet as infuriated as the US Senate is at the US Coast Guard, the IMO – and the USCG members of the US delegation – have done even less to prevent assaults in the wake of the Midshipman X scandal, and the incidents of harassment, assault, and rape at sea aboard ships of many nations which have been reported to the IMO.
What is Arsenio Antonio Dominguez Velasco’s plan to protect women at sea? We don’t know because, unfortunately, his campaign speech, available via Vimeo, fails to address the issue at all.
The revelations about the USCG’s handling of sexual assault allegations and IMO’s lack of action preventing rapes at sea show that more work needs to be done in creating safe working environments aboard ships. The IMO has been criticized for its perceived inaction on the issue, and many are wondering how Dominguez Velasco will address SASH (Sexual Assault and Sexual Harassment) concerns.
The Vote
Despite these criticisms, the electoral process proceeded as planned today with Dominguez Velasco securing 21 votes in the final round, against 8 for Finland and 11 for Turkey. The election of Dominguez Velasco will be submitted to the 33rd session of the Assembly of IMO later this year for approval.
Before joining the IMO, Dominguez Velasco worked for the Panama Maritime Authority and has a wealth of experience in maritime affairs. His tenure as the secretary-general will commence on January 1st, 2024, and he is expected to serve a four-year term.
Winds Of Change
The election of Dominguez Velasco comes at a critical time for the IMO as the organization struggles to balance the demands of environmental sustainability and industry growth while protecting seafarers from harassment and assault. Just two weeks prior to the election, the IMO agreed on a revised strategy to decarbonize the global shipping industry. This strategy includes reducing emissions by at least 20% by 2030 and reaching net-zero emissions around 2050. Most climate experts agree that strong leadership is needed in IMO for global carbon targets to be met. Time will tell if Arsenio Dominguez will play that leadership role on the world stage and travel to meet world leaders at global summits or, like most of his predecessors, remain mostly within the once smoke-filled rooms of IMO headquarters in London.
Either way, the appointment of Dominguez Velasco as the secretary-general will certainly be influential in the coming years as the IMO strives to implement its ambitious environmental agenda while maintaining its regulatory mandate. It remains to be seen how these dynamics will unfold under Panama’s leadership.
ECOCIDE
Sunken Tug Spills Diesel in Tennessee River
Containment boom limits diesel discharge from a partially sunken tugboat in Florence, Alabama, July 17, 2023. The Coast Guard and partner agencies responded to the fuel discharge, which has a maximum potential spill of 2,500 gallons. (U.S. Coast Guard photo, courtesy Marine Safety Detachment Nashville)
The U.S. Coast Guard and partner agencies are responding to a diesel fuel spill from a sunken tugboat on the Tennessee River, near Florence, Alabama.
Most of the fuel is being contained by deployed hard boom and is being recovered via a vacuum truck and drum skimmer. The maximum potential for spill is 2,500 gallons of diesel fuel, and there have been no reports of injuries or wildlife impact.
Coast Guard Sector Ohio Valley was notified of the sunken tugboat in the Port of Florence, near mile marker 257 on the Tennessee River, by RMB Marine Services on Sunday at 2 p.m.
Pollution responders from Coast Guard Marine Safety Detachment Nashville have been deployed to assess the situation on scene.
Coast Guard Marine Safety Detachment Nashville is assessing the situation. RMB Marine Services and E3 OMI are working together to clean up the discharged product. An estimated 200 feet of hard boom was deployed Sunday to contain the product in the water. Another 350 feet of boom was deployed Monday as a secondary barrier.
The Coast Guard is investigating the cause of the incident.
BOEM Completes Environmental Analysis for Fourth U.S. Offshore Wind Farm
Revolution Wind would become the fourth approved commercial-scale offshore wind farm in the U.S.
The United States is accelerating its offshore wind development with the Bureau of Ocean Energy Management (BOEM) reporting it has completed its environmental analysis for the next offshore wind farm, coming less than two weeks after it published the Record of Decision for another wind farm.
The proposed Revolution Wind Farm Project to be located offshore Rhode Island would become the fourth, large-scale, commercial wind farm approved in the United States. Proposed by a partnership of Ørsted and Eversource, the plan for Revolution Wind calls for constructing an offshore wind energy project of up to 100 wind turbines, capable of generating up to 880 megawatts. It will be located approximately 15 nautical miles southeast of Point Judith, Rhode Island.
“This milestone represents another important step forward in building a new clean energy economy here in the United States,” said BOEM Director Elizabeth Klein. The process, she noted was informed by feedback from industry, ocean users, communities, Tribal Nations, and other stakeholders.
BOEM published a draft EIS, initiating a 45-day public comment period on September 2, 2022, and was closed on October 17, 2022. BOEM also held three in-person and two virtual public meetings to solicit additional feedback on the draft EIS. They report receiving a total of 124 comments from Federal, Tribal, state, and local government agencies; non-governmental organizations; and the public during the comment period.
Based on all of the input and its review of the plan, BOEM reports it developed a preferred alternative that includes fewer turbines to reduce impacts on visual resources and benthic habitat. They believe the Final EIS allows for ocean co-use, and meet the energy needs of Rhode Island.
The Notice of Availability for the Final Environmental Impact Statement for Revolution Wind’s proposed project will publish in the Federal Register on July 21, 2023. The Final EIS analyzes the potential environmental impacts of the activities laid out in Revolution Wind’s Construction and Operations Plan.
If approved, Revolution Wind would be the fourth commercial-scale offshore wind project located on the U.S. Outer Continental Shelf approved by the Biden-Harris administration. BOEM plans to issue a Record of Decision on whether to approve, approve with modification, or disapprove the project this summer.
This follows the publishing of the Record of Decision approvalfor Ørsted’s Ocean Wind project which will be 1,100 MW located approximately 15 miles off the coast of southern New Jersey. The decision was released on July 5 with the company announcing that it is on track to begin onshore construction activities in the fall of 2023, with offshore construction ramping up in 2024. Ocean Wind 1 is expected to begin commercial operations in 2025.
Construction is underway for the Vineyard Wind project in Massachusetts and the South Fork Wind project in New York. Both recently marked “first steel in the water” for their projects as they vie to be the first commercial-scale offshore wind farm completed in the United States. Both of these projects are targeting the end of this year to complete construction and begin power generation.
BOEM highlights that these projects mark important steps in the goal of deploying 30 gigawatts of offshore wind energy capacity by 2030 for the United States. The Bureau highlights that since the start of the Biden-Harris administration, it has also held three offshore wind lease auctions and initiated the environmental review of 10 offshore wind projects, and advanced the process to explore additional Wind Energy Areas in Oregon, the Gulf of Maine, and Central Atlantic. BOEM currently expects to review at least 16 Construction and Operations Plans of commercial, offshore wind energy facilities by 2025, which would represent more than 27 GW of energy.
Key UK Offshore Wind Project Axed in Blow to Climate Plans
General view of the Walney Extension offshore wind farm operated by Orsted off the coast of Blackpool, Britain September 5, 2018. REUTERS/Phil Noble//File Photo
Vattenfall AB halted the development of an offshore wind project in the UK after costs surged, posing a major setback for a key part of Britain’s climate and energy security plans.
The Swedish utility said a wind farm planned in the North Sea, which would provide power for 1.5 million UK homes, is no longer viable after costs for the technology soared 40%. Vattenfall will take a hit of 5.5 billion Swedish krona ($537 million) because of the decision, it said in a report released Thursday.
“Although demand for fossil-free electricity is greater than ever, the market for offshore wind power is challenging,” Vattenfall Chief Executive Officer Anna Borg said in a statement. “Higher inflation and capital costs are affecting the entire energy sector, but the geopolitical situation has made offshore wind and its supply chain particularly vulnerable.”
Vattenfall’s decision follows years of soaring costs for materials, logistics and financing — threatening the viability of a technology that’s key to cutting reliance on gas and coal-fired power stations. Nowhere is the dependence on offshore wind greater than in Britain, which plans to nearly quadruple its fleet of wind farms at sea by the end of the decade.
The decision not to build the wind farm leave the UK more dependent on imported fossil fuels, undermining promises by Conservative Party prime ministers, including Rishi Sunak, to use offshore wind to boost the country’s energy independence.
“The government has set very challenging targets for the expansion of offshore wind in order to bolster our energy security through clean domestic power which can reduce our costly reliance on imported fossil fuels,” said Adam Berman, deputy director at industry group Energy UK. “The government needs to recognize the much-changed economic picture for developers.”
Norfolk Project
Vattenfall’s 1.4-gigawatt Norfolk Boreas wind farm was key to realizing the UK’s plans in the near term. It’s among projects at an advanced stage of development, and a final investment decision was expected later this year. Last year, the company received a government-backed contract for the project that would have locked in record-low power prices for 15 years. But the low price may have ultimately doomed the project.
“The market framework in the UK that’s supposed to incentivize investment in renewables isn’t reflecting the current market environment,” said Helene Bistrom, the head of Vattenfall’s wind business. “This is important for the UK, but Vattenfall needs to invest responsibly.”
Developers had warned the government that rising costs could jeopardize projects that won those contracts. However, a number of the companies decided to push on, or have said they plan to do so. That relieved some pressure, but any major wind farm that doesn’t get built leaves a void of power production that will have to be filled.
“If government gets the policy wrong on the current round of renewables auctions and doesn’t keep pace with increasing costs, the UK could end up even more reliant on foreign gas, leaving households on the hook with higher bills,” said Jess Ralston, head of energy at the Energy and Climate Intelligence Unit. “Doubling down on renewables, which remain much cheaper than gas, means in future price spikes we’ll be less exposed.”
For Britain to realize its 2030 offshore wind goal would require just about everything to go right. Now with at least one major project stopped, reaching that goal becomes less likely. And it will be more expensive than once thought.
Vattenfall said its wind business overall is profitable and that it’s looking at options for the Norfolk Boreas project and others it’s developing in the same area.
Vattenfall has become the latest developer of wind farms to report that rising costs are undermining the economics of offshore projects. The Swedish energy company announced that it has decided to shelve a late-stage development project in the UK saying the market for offshore wind power is “challenging.” The company’s decision also raised broader concerns for the UK’s offshore wind energy sector which is a key component of the government’s future energy plans.
“We have decided to stop the development of Norfolk Boreas in its current form,” Vattenfall President and CEO Anna Borg announced in the company’s mid-year financial report. “We will examine the best way forward for the entire Norfolk Zone, which in addition to Boreas also includes Vanguard East and West.”
The project was planned for an area about 30 miles off the south east coast of Britain. Boreas was to have an installed capacity of 1.4 GW and was due to deliver its first power in 2027. The zone with the three wind farms was to consist of between 180 and 312 turbines with a total capacity of 3.6 GW.
“Higher inflation and capital costs are affecting the entire energy sector, but the geopolitical situation has made offshore wind and its supply chain particularly vulnerable,” Borg said in explaining the decision to suspend the development project. She told investors that the company has seen cost increases of up to 40 percent, saying that this affects the future profitability of the project. They are citing soaring material and project costs along with the impact of inflation and interest rates on the projects’ economics.
The company, which has grown its wind portfolio in the past year from 4.2 GW to 5.6 GW, said it is still convinced that offshore wind power is “crucial for energy security.” Nonetheless, based on the changing economics, they are recording a more than $500 million impairment charge against earnings to stop the development of these UK projects.
Vattenfall had previously said the Boreas project and its advancement was “great news” for the UK. They received planning consent for the project in December 2021 and won Contracts for Difference a year ago. The company reported the contract provided for a 15-year fixed revenue stream with Reuters estimating the guaranteed minimum price at nearly $58 per MW hour. The company signed grid contracts with Siemens Energy and Aker Solutions last October and was expected to make a final investment decision later this year for Boreas.
The decision to suspend the development is raising broader questions about the UK’s industry. The government has highlighted that it plans to have 50 GW of offshore wind energy as part of its energy plan. The UK currently has around 14 GW of installed capacity. The Boreas project was seen as among the most advanced of the UK’s future projects.
Addressing investors, Borg said that they now believe that the UK does not currently have the investment environment needed to meet its offshore wind targets. The company hopes that the contract prices might improve to make it possible to go forward with projects. They said the incentives currently available no longer reflect market conditions while noting that other developers including Ørsted have also called for target support of the industry.
Biden Administration to Hold First-Ever Offshore Wind Lease Sale in Gulf of Mexico
Wind turbines off of Block Island, Rhode Island, one of two commercial offshore wind farms in the United States. Credit: PennyJack Creative/Shutterstock
The Department of the Interior will hold the first-ever offshore wind energy lease sale in the Gulf of Mexico, auctioning areas that have the potential to generate approximately 3.7 GW and power almost 1.3 million homes with clean, renewable energy.
The Final Sale Notice for Gulf Wind, which will be published in the Federal Register on July 21, 2023, includes three lease areas offshore Louisiana and Texas, totaling 301,746 acres.
“Today’s announcement marks another historic step in the Biden-Harris administration’s efforts to create a clean energy future. By catalyzing the offshore wind energy potential of the Gulf of Mexico, we can tackle the climate crisis, lower energy costs for families and create good-paying jobs,” said Secretary Deb Haaland.
The lease sale follows the Biden Administration’s third approval of a commercial-scale, offshore wind energy project in the United States and is part of the leasing path announced in 2021 as the administration seeks to deploy 30 gigawatts (GW) of offshore wind energy by 2030. The leasing path includes up to seven new offshore wind lease sales by 2025 in the Gulf of Maine, New York Bight, Central Atlantic, Gulf of Mexico, Carolinas, California, and Oregon. So far, BOEM has already held three offshore wind lease auctions, including a record-breaking sale offshore New York and the first-ever sale offshore the Pacific Coast in California.
“The Gulf of Mexico is poised to play a key role in our nation’s transition to a clean energy future,” said?BOEM Director Elizabeth Klein. “Today’s announcement follows years of engagement with government agencies, states, ocean users, and stakeholders in the Gulf of Mexico region. We look forward to continued collaboration in the years to come.”
The Department of the Interior announced the Proposed Sale Notice for offshore wind energy development in the Gulf of Mexico earlier this year, and received comments on several lease stipulations that support BOEM’s commitment to engage with underserved communities, ocean users, and other stakeholders. Some of these stipulations include bidding credits for supporting workforce training programs and establishing a fisheries compensatory mitigation fund, as well as requiring regular progress reports on engagement with Tribes and ocean users.
BOEM expects to review at least 16 Construction and Operations Plans of offshore wind energy facilities by 2025, representing over 27 GW of clean energy for the U.S.
A final date for the Gulf Wind lease sale has not been finalized.
Earlier this month, BOEM completed its environmental review of the proposed Revolution Wind Farm Project offshore Rhode Island, which proposes to construct up to 100 wind turbines capable of generating up to 880 megawatts, enough to provide an estimated 300,000 homes with clean renewable energy. The achievement marked the third commercial-scale offshore wind energy project approval in U.S. federal waters under the Biden Administration, joining the Vineyard Wind project and the South Fork Wind project, which are currently under construction.
OSHA Holds Maersk Line Limited Accountable for Whistleblower’s Firing
The U.S. Department of Labor has found that Maersk Line Limited (MLL), the US-flagged shipping arm of Danish conglomerate A.P. Moller-Maersk, violated whistleblower provisions of the Seaman’s Protection Act by suspending and later terminating a seamen who reported safety concerns to U.S. Coast Guard.
MLL says it disagrees with the decision and plans to appeal.
The Labor Department’s Occupational Safety and Health Administration (OSHA) has ordered MLL to reinstate the seaman and pay $457,759 in back wages, interest, compensatory damages, along with $250,000 in punitive damages.
The Seaman’s Protection Act allows seamen to report safety concerns or violations of maritime laws directly to the USCG and cooperate with federal officials at any time, regardless of company policy.
“Federal law protects a seaman’s right to report safety concerns to federal regulatory agencies, a fact every maritime industry employer and vessel owner must know,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences. The order underscores our commitment to enforcing whistleblower rights that protect seamen.”
OSHA investigators learned the seaman reported safety concerns about MLL’s containership Safmarine Mafadi to the U.S. Coast Guard in December 2020, including issues with lifeboat gear, unsupervised trainees causing spills, leaks in the starboard tunnel causing flooding, and rusted and corroded deck sockets needing repair. The seamen also reported alcohol consumption by crew members.
Maersk responded by suspending the seaman that same month before terminating them in March 2021, for making the complaint without notifying the company first.
“The U.S. Coast Guard is committed to partnering with OSHA in protecting whistleblowers and to vigorously enforce the Seaman’s Protection Act. We encourage everyone within the maritime domain to support and abide by these protections,” said Rear Admiral and Assistant Commandant for Prevention Policy for the U.S. Coast Guard Wayne Arguin.
Maersk Line Limited, headquartered in Norfolk, Virginia, operates the largest U.S. flag fleet in commercial service. The company employs around 700 U.S. mariners.
In addition to paying backpay and wages, MLL must also change its policy to allow seamen to contact regulatory agencies before notifying the company.
MLL said it disagrees with and is disappointed by OSHA’s “flawed” ruling:
“Maersk Line, Limited (MLL) disagrees with, and is disappointed by the Regional Administrator’s opinion in this case and fully intends to appeal this flawed decision. MLL is proud of its safety culture and its highest priority remains the safety and security of our mariners and shoreside colleagues. MLL cooperated fully with the U.S. Coast Guard in its investigation of these same events and the U.S. Coast Guard’s official report “[i]dentified no evidence that the vessel/crew was not taking appropriate actions to address any safety or equipment concerns.” The U.S. Coast Guard’s report further concluded that it discovered no evidence of violations of law or regulation. The U.S. Coast Guard’s report was in addition to an arbitrator’s decision who considered the same allegations made by this individual which found that the individual’s “sole motivation” was not safety but an “effort to thwart” a disciplinary action against him, concluding, “I find there was no need for urgent action on December 29, and Grievant knew it…In this light, Grievant’s complaints to the Coast Guard were neither reasonable nor in good faith.”
Nevertheless, the case highlights the importance of whistleblower protections for mariners and the need for a transparent safety culture in the maritime industry.
OSHA enforces whistleblower provisions for over 20 statutes that protect employees who report violations of various workplace safety and health, environmental, financial reform, and other laws.
Maersk Line Ltd Ordered to Rehire Chief Mate Who Tipped Off Coast Guard
The U.S. Occupational Safety and Health Administration (OSHA) has ordered Maersk's American division to pay an officer more than $700,000 after it dismissed him for telling the U.S. Coast Guard about alleged deficiencies aboard the boxship Maersk Tennessee (ex name Safmarine Mafadi).
On December 29, 2020, after a disagreement with his captain about alleged drinking on board, the chief mate aboard the Safmarine Mafadi reported a list of concerns about the ship's condition to the Coast Guard. According to the chief mate, the ship's lifeboat block and releasing gear were inoperable, crew members were drinking or in possession of alcohol on the ship, the emergency fire pump was broken, trainees were standing watch unsupervised, and the cargo hold bilge system was causing flooding.
A Coast Guard inspection team came aboard at 1745 hours the same day to look at the ship. The inspectors made note of a leak in the fire main in the starboard tunnel, a cracked safety rail, and lifeboat blocks in need of replacement.
As soon as the inspection was over, the captain suspended the chief mate and ordered him off the ship, according to OSHA. The mate was fired three months later for reporting problems to the Coast Guard "without discussing the issue(s) with the Ship Superintendent, Fleet Group, and the Marine Standards team," in violation of written company policy.
OSHA ruled that Maersk Line Limited's policy and its decision to fire the chief mate both violated the U.S. Seaman's Protection Act. The act allows merchant mariners to report problems aboard a U.S.-flagged vessel to the U.S. Coast Guard, without first going up the chain of command within their company - even if the company says that this is prohibited.
"Federal law protects a seaman's right to report safety concerns to federal regulatory agencies, a fact every maritime industry employer and vessel owner must know," said OSHA Regional Administrator Eric S. Harbin. "Failure to recognize these rights can instill a culture of intimidation that could lead to disastrous or deadly consequences."
OSHA determined that if the mate had not complained to the Coast Guard, he probably would have been promoted to master, based on his performance evaluations and related correspondence. It characterized his dismissal as an "illegal action" which had caused the mate "extreme hardship, financial stress, and suffering."
In its response, Maersk Line Limited argued that the ISM Code requires crewmembers to report issues up the chain of command, and it asserted that the mate had made the report in bad faith. It noted that the Coast Guard had cleared the ship to sail after the inspection.
OSHA has ordered Maersk Line Limited to reinstate the chief mate, promote him to the rank of master, and pay him about $460,000 in back pay, interest and compensatory damages, plus attorney's fees. The agency added the maximum possible punitive damages award ($250,000) to counteract what it described as the "chilling effect already present from Respondent’s illegal policy," and it ordered MLL to revise its internal rules for reporting.
Maersk Line Limited has the option to appeal OSHA's decision to an administrative law judge.
"The U.S. Coast Guard is committed to partnering with OSHA in protecting whistleblowers and to vigorously enforce the Seaman's Protection Act. We encourage everyone within the maritime domain to support and abide by these protections," said Assistant Commandant for Prevention Policy Rear Adm. Wayne Arguin in a statement.
ECOCIDE
Wakashio Report Released 3 Years After Grounding in Mauritius
A general view shows the bulk carrier ship MV Wakashio, that ran aground on a reef, at Riviere des Creoles, Mauritius, in this handout image obtained by Reuters on August 10, 2020. French Army command/Handout via REUTERS
Almost 3 years after the Wakashio bulk carrier ran aground and spilled oil along the coast of Mauritius, the Panama Maritime Authority’s investigation report into the accident has been made public.
The bulk carrier was without cargo when it grounded on a reef off Mauritius’ Pointe d’Esny during a voyage from Singapore to Brazil on July 25, 2020. The incident sparked an “environmental emergency” after the ship broke up and spilled approximately 1,000 tonnes of fuel oil into the pristine waters some two weeks after the grounding.
The report largely confirms what was already known about the incident, which is that the ship sailed too close to shore in an attempt to pick up cell phone signal so crew members could communicate with family and friends back home.
According to the report,, the Captain ordered the Chief Officer (OOW) to pass 5 miles south of Mauritius before attending a birthday party for one of the ship’s crew members. However, a misunderstanding over the correct course resulted in the ship sailing closer to shore than intended. The Chief Officer then failed to realize that the ship was heading towards shallow waters, likely because he was distracted by his cell phone. Although the Captain had returned to the bridge before the grounding, he also failed to realize that the vessel was off course.
The investigation found the probable cause to be the Captain’s failure to recognize the risk of passing close to the island, as well as the distraction of the Chief Officer caused by his search for a cell signal and communication with family members. Both also failed to notice the danger when monitoring electronic charts in the ship’s ECDIS system, which were displayed in a large-scale that prevented them from noticing that a grounding was imminent.
The report cited the lack of vigilance by the Captain and Chief Officer, the overconfidence of the Captain, and inadequate ISM procedures as factors that contributed to the incident.
It should be noted that both the Captain and Chief Officer were sentenced to prison for their roles in the accident and served 16-month sentences.
It should also be noted that the incident occurred amid the crew change crisis caused by the COVID-19 pandemic. In fact, the report points out that the ship’s previous Bosun had jumped overboard a month before the accident, leaving the AB position unfilled due to COVID-19 restrictions after the previous AB was promoted to Bosun.
Although the investigation report was submitted to the IMO in 2021, it has just now been made available to the public.
Chinese Ambassador to Canada CONG Peiwu Publishes a Byline Article Titled My Impression of Thunder Bay on TBNewsWatch
（From Chinese Embassy in Canada）
2023-07-19 22:48
On July 13, TBNewsWatch published a byline article by Chinese Ambassador to Canada, H. E. CONG Peiwu, titled "My impression of Thunder Bay". Here is the full text:
The serene Lake Superior offers beautiful views in June. More than a month ago, I paid a visit to Thunder Bay, which sits at the end of Lake Superior, and the good memories are still lingering in my mind.
During my stay in Thunder Bay, I was attracted by the breathtaking landscape. Located at the end of the shipping route through the Great Lakes in Canada, Thunder Bay of Ontario is known for its picturesque scenery and friendly people. In the morning, the rising sun, the tranquil lake and the reflection of the sleeping giant constitute a stunning view. In the dusk, the setting sun, the shimmering water, the cruise ships in the port and the summer breeze bring people coolness and tranquillity. When I walked to the downtown, I was greeted by lush parks.
During my stay in Thunder Bay, I learned about the robust and diversified local economy. I had extensive exchanges with people from many sectors, including those from the government, business, academia, and media. They introduced me the prosperous trade history of Thunder Bay, and the substantial progress in cultural diversity and economic diversification in recent years. As one of the largest cities in northwestern Ontario, it is rich in mineral resources, and enjoys robust development in many industries such as transportation, medical care and services. Thunder Bay has been participating in the development of wind energy and other renewable energy projects, developing and improving telemedicine services, encouraging and supporting aboriginal entrepreneurs' efforts to start businesses. I was impressed by the city's innovative spirit and commitment to multiculturalism. I'm confident that the coordinated development of traditional and innovative economies will surely be realized in a place where nature and urban life coexist harmoniously.
I also saw the diverse people-to-people and cultural exchanges between China and Canada in Thunder Bay. Before I came to Thunder Bay, I already knew that it is a Taiji-loving city with the largest proportion of Taiji participants in North America. My day in the city started with an early morning visit to an international Taiji park, where local citizens practice Taiji. I was moved by the scene of cultural integration. Because of Taiji, Thunder Bay and Jiaozuo city of central China's Henan Province established a sister city relationship years ago, and both cities have maintained close interactions. In addition, Nanning, the capital of south China's Guangxi Zhuang Autonomous Region, signed with Thunder Bay the letter of intent regarding establishing a sister city relationship. I also had exchanges with teachers and students of Lakehead University, who shared with me the vitality of the city and the good progress of academic and educational exchanges between China and Thunder Bay.
As a Chinese saying goes: "Nothing, not even mountains or oceans, can separate people with shared goals and vision." Though China and Thunder Bay are miles apart, we are close at heart. China is ready to work with all countries to make sure that its new accomplishments in modernization will be new opportunities for global development. I hope local institutions and friends from all walks of life will continue to support and facilitate exchanges at local levels between China and Canada, conducting via Taiji,etc., people-to-people and cultural exchanges and cooperation, to deepen friendship and gain more achievements.
Incarceration rate for Black Brazilians reaches historic high: Report
Number of Black inmates in Brazil reaches 442,033 in 2022, accounting for 68.2% of total prison population
21/07/2023 Friday AA
The number of Black inmates in Brazil’s penitentiary system reached an all-time high last year, according to a report published Thursday The annual report by the non-profit organization the Brazilian Public Security Forum (FBSP), which has been documenting crime, violence and the prison system in Brazil since 2005, said there were 442,033 Black inmates in 2022, accounting for 68.2% of the total prison population. In 2005, when the FBSP began operations, the Black prison population accounted for 58.4% of the total. The figures depicted in the report show a disproportionate trend between incarcerated Blacks and whites.
In 2022, white inmates accounted for 30.4% or 197,084 convicts, less than half of the Black prison population. In 2005, they accounted for 39.8%. "The Brazilian prison network lays bare structural racism. If from 2005 to 2022, there was a 215% growth in the incarcerated white population, there was a 381.3% growth in the Black population," said the report. Overall, Brazil’s prison population rose to 826,740 in 2022 from 815,165 in 2021, the report said, noting that overcrowding and unsanitary conditions are common. The study denounced a growing incarceration culture that is overrepresented by Black people. It also condemned the lack of concrete legal action and policy from the government, which only legitimizes "inequality" and "structural racism." In addition to the disproportionate rise in the incarceration of Black people, the FBSP also reported an increase in complaints of racism in Brazil in 2022, which were up 67% from the previous year. Additionally, reports of racial slurs also grew to 10,990 cases in 2022 from 10,814 in 2021.
