3. • The 4 presenters –
• Capt. Farhat Imam – today’s Chairman
• Mr.Vinod Kumar – Advocate
• Mike Mitchell – facilitator
• John Curley – time keeper
• ER / Salvage /WR – some definitions
• Chairman’s opening remarks
• Our agenda / some objective / rules of road / themes for the day
• Resolve – so who are they?
4.
5. • We can learn from the past - incidents / solutions / best practice?
• Case studies will help us all be better prepared
• NationalAdministrations – should there be more legislation to
manage their maritime ER preparedness?
• Contractual circumstances have such a big impact on the success or
failure of any case – we shall embrace the multitude of contractual
circumstances in each of our case studies, to see if there are any
trends / learning points
6. Indian Shipping Industry
Fastest Growing Economy
More than Half of the Border is with The Sea
95% Trade by Volume Done Through Sea
Huge Potential For
Infrastructure Development
Professional Enhancement
Clean Energy Expansion
Growth and Expansion is Paramount,however India
is Deficient in the Posture Required for Emergency
Response,Wreck removal, Oil and Hazmat Pollution
Prevention
Areas of Improvement – Training of Personnel,
Facilities, Response Time and Enforcement
7. • Roles and expectations of the Key Stakeholders
• Contracts of Engagement
• Global Emergency Response Legislation
• India’s Current Response Legislation
• Emergency Response Preparedness
• Resolve’s Capability in India
• Final Session with intent to identify what can be done for the future
• Interspersed by 8 short but interesting case studies
8. • We need your participation – opinion – interaction
• Please ask questions
• Presentations will be interactive with four of us giving opinions
• There are no right or wrong questions and answers – this forum is
about getting the cards on the table and having open debate as to
“how we can improve the future”
• We will run the flip chart to gather interesting items or topics to
refer to later
• At end of each case study we shall have learning slide & we shall ask
for comments from audience
9.
10. • Salvage – any act or activity undertaken to assist a vessel or any
property in danger, in what ever waters the act or activity takes
place
• Salvage - “... a voluntary service which confers a benefit by saving
or helping to save a recognised subject of salvage when in danger
from which it cannot be extricated unaided ... “
• Salvage -“A science of vague assumptions, based on debatable
figures, from inconclusive instruments, performed with equipment of
problematical accuracy by persons of questionable mentality!!”
11. • Wreck Removal is where the ship has become a CTL (where the
costs of salvage and repair approach or are greater than the market
/ insured value of the ship) from a position where the local
authorities require it removal. The ship has changed from an asset
to a liability.
14. Our Core Services
Emergency Towing
Resolve provides
emergency towing
services worldwide
using both our fleet
and that of our service
contractors
Salvage
Resolve pre-positioned
resources ensures rapid
response to our clients
needs across the globe
Marine Services
Resolve actively assists
its clients with non-
emergency activities
such as underwater
repairs and hull
cleaning
Compliance
Resolve offers
compliance coverage
for OPA-90, China
SPRO & Alaska APC
Safety Training
Resolve provides
training for vessel
crews in addition to its
own response
personnel
16. Each depot is designed to minimize the amount of
time to respond to a casualty
Strategically located emergency depots
Equipment is packaged with documentation ready to
be deployed on a vessel or aircraft & flown anywhere
in the world at a moments notice.
Fly Away Packages
R&D / constant innovation and upgrades to deal with
the difficulties of operating in a salvage environment.
Custom Equipment
Emergency Depots
Always looking for new regions to expand our
capability based on our clients needs.
Continual Expansion
18. Coast to Coast Compliance
Responding to the needs of our clients
China SPRO OPA-90 SMFF
Alaska APC
19. Trains shipboard firefighters, vessel crews, and land
based firefighters at its facility in Fort Lauderdale.
Over 33,000 trained to date
Fire School
Courses can be customized to your SPPs to provide
realistic and relevant training.
Bridge Simulator
Customized vessel resource management combine
bridge and engine training.
Engine Room Simulator
SafetyTraining
Resolve’s training mediums have expanded into
eLearning.
eLearning
24. • Set the Scene
• Political Sensitivities
• Commercial Issues / Government Intervention
• Operational Planning
• A Salvor’s Dream!
“POE GIANT 12” – Case Study
25. Morning of December 30, 2014 - POE GIANT 12 broke tow while in
transit from Singapore to Kuantan, Malaysia
26. - Grounding position, west of Horsburgh
Light House with a northerly heading.
- Starboard list 10 degrees leaning
towards to the Light house.
- Personnel from the Lighthouse had
been evacuated after grounding.
Location – Singapore Straits
41. Ship Owners
• Owners must activate their company emergency response plans after an incident.
• In the first instance, the owner is responsible for the salvage. That is, owner must pay for it.
• Owner’s will arrange insurances though Hull and Machinery and P&I to cover salvage costs.
• The vessel owner is always responsible.
• Owners must act as a prudent uninsured to mitigate losses.
• Owners must support their Master.
• Owners must liaise with their insurers, port authorities, salvors, charterers, cargo interests.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
42. Class
•Class will advise on the recommended actions to repair any damage to the vessel.
•However, owners may also arrange an Emergency Response Service with them.
•Authorities may only accept the salvage plan or part of it provided that Class has inspected
and reported on the vessel.
•Ensure they are involved and aware from the outset.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
43. Cargo Owners
• Will be particularly interested in their cargo, not others’ cargo or ship.
• May be required to assist with the salvage; e.g. obtained specialized vessel.
• Bound by contract of carriage, will contribute to the salvage costs.
• May seek to avoid any salvage contribution if they can show ship is at fault.
• Access should be restricted to their cargo only.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
44. Hull & Machinery (H&M)
•Insures owner for salvage costs for vessel.
•Keen interest in whether vessel can be saved.
•If CTL, H&M usually pay their obligation and abandon vessel.
•However, some H&M insurers may cover third party liabilities.
•Will always send a representative - allowed to have Special Representative when SCOPIC invoked.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
45. P&I Club
• Cover third party risk such as personnel enquiry, cargo matters, pollution and wreck removal.
• Hence, keenly involved in casualties where salvage is required.
• Will provide technical support to Owner/Master through appointment of experts.
• Liable for compensation to salvors if SCOPIC invoked.
• Will have representatives on site either separately and/or through local correspondent.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
46. Admiralty Lawyers
• All salvage operations require a legal input.
• Therefore admiralty lawyers appointed by each party involved in salvage to protect their
interests.
• Many attend on site, so always check their credentials, before handing over information.
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
47. Authorities
•Will always seek to be involved.
•Have obligations under the laws of the country where the casualty is.
•Will seek to determine cause of casualty.
•Will need to be advised of plans for salvage
•Will have to give approvals
•Conflict of priorities
•Places of Refuge
ROLES AND RESPONSIBILITY
OF PARTIES INVOLVED
53. • Incident: Received a call August 13, 2017 of
the M/V CHESHIRE reportedly in the midst of a
self sustained decomposition event.
• Vessel Location: 120 nautical miles South of
Grand Canary
• LOF was Accepted / Signed
• RESOLVE Immediately Mobilized Personnel &
Assets
54. Day 1 On Site
• SalvageTeam on Site with
Support from Grand Canary,
Singapore Office, Florida HQ
• 2 FifiTugs Engaged to Provide
Cooling Efforts
• SalvageTeam assessing
Ability to board vessel and
connect tow wire
55. Understanding the Cargo
• Cargo Reacts onceTemperature
Reaches 150 degrees C
(Endothermic becomes
Exothermic at that temperature)
• Gasses emitted are toxic and will
kill anyone near the gasses
without breathing apparatus
• When combined with water
creates Nitric Acid
56. Need to Board Vessel
• Large amount ofToxic gas &
seas make boarding
impossible
• Helicopter Mobilized to Assist
with the boarding effort
• Vessel is now 120 nm from
Airport
• Evaluating Safety vs.
Operation
57. • Tug Connection Made!!
• Salvage Crew BoardedVessel
in 4 meter swell by using
grappling hook and climbing
up by hand
• Helicopter ready to depart
and to survey scene and begin
to support operations
58. Now What?
• Vessel under Tow 180 miles from
Nearest land
• Cargo Hold 1 Reacting
• Toxic & Very Visible Cloud
• Authorities will not allow ship
within 50 miles of land
• Spanish Coast Guard Vessel on Site
62. CHESHIRE - Summary
• Port of Refuge: vessel was towed to mainland Spain
• Cargo was discharged using the vessel’s own cranes
• All parties boarded to inspect
• CHESHIRE ultimately declared a constructive total loss and towed to Turkey for scrapping
63.
64. 3
• Lloyd’s Open Form – brief history and current version
• SCOPIC Clause – why and how works
• BIMCO standard contracts –
• Wreckhire
• Wreckstage
• Wreckfixed
• Towcon/Towhire
• Marine ServiceAgreements
• Responsecon (US and outside US versions)
65.
66. • The reward shall be fixed with a view to encouraging salvage operations,
• taking into account the following criteria under Article 13:
a) the salved value of the vessel and other property;
b) the skill and efforts of the salvors in preventing or minimizing damage to
the environment;
c) the measure of success obtained by the salvor;
d) the nature and degree of the danger;
e) the skill and efforts of the salvors in salving the vessel, other property
and life;
67. • f) the time used and expenses and losses incurred by the salvors;
• g) the risk of liability and other risks run by the salvors or their
• equipment;
• h) the promptness of the services rendered;
• i) the availability and use of vessels or other equipment intended for
• salvage operations;
• j) the state of readiness and efficiency of the salvors equipment and
• value there of.
68. Lloyds Open Form
• Salvage
• History of LOF
• 2011 version
Scopic Clause
• History
• How it works
Bimco Wreck Contracts
“The Good, the Bad and the Ugly”
• Wreck Hire 2010
• Wreck Stage 2010
• Wreck Fixed 201
• Services contracts – differ from salvage
• Main features
69. Other Contracts
• Tow Hire 2008
• Tow Con 2008
• Supplytime 2005/2017
• Contractors own Marine Services Agreements
• Responsecon (US and outside US versions)
81. CONTRACTUAL AGENDA
• Signed Wreck Stage contract with The Swedish Club
JULY – 2012
• MNZ had 2 Maritime Transport Act Notices in place -
Notice 248 – information / updates / no unauthorized access / pollution & DG’s /
complete removal
Notice 100A – secure & remove remains of vessel until no hazard or other
lawful means of dealing
• Bow reduction to 1m below LAT – started August 2012
• An evolving work scope
109. • Contracts – LOF/Scopic – Wreckstage – Addendum x 6
• Authorities - MNZ
• Environment – HFO/debris from containers/’nurdles’
• Insurers – H&M/P&I
• Other circumstance and issues – Astrolabe Reef and prevailing
weather and local pressures!
110. 4
• Oil spills or huge loss of life – have been the legislative drivers -Titanic
• OPA 90 ExxonValdez - USCG
• Alaska APC – USCG
• China SPRO (Dalian disaster?)
112. Oil Pollution Act of 1990 (OPA 90)
Requirements:
Vessel Response Plan (VRP)
SMT – Spill Management Team
OSRO – Oil Spill Removal Organization
SMFF – Salvage and Marine Fire Fighting
Effects:
Firm Implementation by US Government
Swift and Responsible Emergency Response
Significant Decline in Oil Spill Disasters
Construction of Double Hull Vessels
Growth of Economy
114. The Deepwater Horizon Oil Spill - 2010
• The OPA-90 regulation mandated BP’s deep involvement
• Required response capabilities resulted in best possible containment of the spill
120. Coast to Coast Compliance
Responding to the needs of our clients
China SPRO OPA-90 SMFF
Alaska APC
121. “… the cornerstone of Chinese marine pollution law system”
Effective 1 January 2012
1 Call China - Oil Pollution Regulation in China:
A Practical Guide to the New Marine Pollution
Legislation
122. China Background
• March 1, 2010 notice of
January 1, 2011 start
• July 2010 Dalian spill
• Postponed implementation
one year
• Uncertain poorly equipped
government-led response
• Increase in shipping calls &
tonnages
129. •Provide vessels with one-stop services of emergency standby and response
for pollution incidents;
•Coordinate and direct planning and execution of emergency instructions
compliant with relevant emergency command authority, government, MSA
or other authorities
Purpose
130.
131. • For the port of Shanghai – all terminals operated by SIPG. Specific
contract to be signed with contractor for these terminals.
132. Coast to Coast Compliance
Responding to the needs of our clients
China SPRO OPA-90 SMFF
Alaska APC
150. • DM Act enacted on 23 Dec 2005
• National Disaster Management Authority (NDMA) mandated to deal
with all types of disasters, natural or man made. “DISASTER” is defined
u/s 2(d) of the DM Act to mean a catastrophe, mishap, calamity or
grave occurrence in any area, arising from natural or man-made
causes, or by accident or negligence which results in substantial loss of
life or human suffering or damage to, and destruction of property, or
damage to, or degradation of environment, and is of such a nature or
magnitude as to be beyond the coping capacity of the community of
the affected area.
151. • National Disaster Management Authority (NDMA) set up under S-3 of
DM Act, with PM as Chairperson
• National Executive Committee (NEC), headed by Union Home Secretary
set up under S-8 of DM Act
• NEC coordinates and guides different departments of GoI during Crisis
• Defence Secretary, inter alia, member of NEC; Shipping Secretary is only
special invitee to meetings of NEC
152. • National Disaster Management Plan (NDMP) promulgated on 18 May
2016, more than a decade after enactment of DM Act
• As per NDMP nodal ministry to deal with Cyclone /Tornado /Tsunami is
Ministry of Earth Sciences
• NDMP and guidelines issued under DM Act primarily deal with land based
disasters, leveraging the nation’s federal structure at State, District &
Local Body levels
• Role of CentralGovernment under NDMP and other guidelines issued
under DM Act limited to giving directions to NEC, State
Governments/SDMAs (State DMAs) SECs (State ECs) etc., and
coordination with UN agencies and other international agencies and
Governments of foreign countries.
153. • NCMC, headed by the Cabinet Secretary handled all disasters at the national level
prior to enactment of the DM Act.
• NCMC continues to handle crises which have serious or national ramification
• As per NDMP, emergencies requiring the close involvement of security forces and /
or intelligence agencies such as terrorism (counter insurgency), law and order
situations, serial bomb blasts, hijacking, air accidents, CBRN (Chemical / Biological/
Radiological /Nuclear incidents), mine disaster, port and harbour emergencies,
forest fires and oil spills will continue to be handled by NCMC.
• Secretary, NDMA is permanent invitee to NCMC.The NCMC is supported by the
Crisis Management Groups (CMGs) of the various Central Nodal Ministries and are
assisted by NEC.
154. • DGS who is appointed under S-7 of the Merchant ShippingAct, 1958 (MS
Act) by Central Government is Maritime Administrator of India.
• Mercantile Marine Department (MMD), established under S-8 of the MS
Act, headed by Principal Officer (PO), in various port cities, function under
DGS.
• PO also appointed Registrars of Indian ships at such ports, under S- 24 of
the MSAct.
155.
156. • S 356-L - Pertain to power of the Central Government to give directions
to certain ships to render certain services in connection with
preventing/ containing pollution
• Part XII - Covers Investigations and Inquiries pertaining to shipping
casualties
• S 358 (1) - Lists the various Shipping Casualties
• S 358(2) - Requires Master, Pilot, Harbour Master etc. to report
ShippingCasualty
157. • Section 359 - Prescribe the procedure for preliminary inquiry into
ShippingCasualty
• Sections 360 & 361 - Prescribe that formal Investigation into a Shipping
Casualty shall be carried out by a Judicial Magistrate of the first Class or a
Metropolitan Magistrate
158. • Part XIII - Pertain toWreck and Salvage
• S-391 - Prescribes appointment of Receiver ofWrecks
• S-392 lists duties of Receiver
• S 402 - prescribes the salvage payable where Salvage services are rendered
within the Indian waters or from a ship registered in India
• S 402(2) - prescribes that Salvage payable in respect of preservation of life
shall be payable in priority to all other claims for Salvage.
159. The following Rules, Regulations prescribed under the MS Act, give further
elaborations on the statutory provisions.
• The Merchant Shipping (Regulation of Entry of Ships into Ports,
Anchorages and Offshore facilities) Rules, 2012, requires insurance
coverage against maritime claims and established procedures and
policies for their supervision. There is also a requirement that vessels
entering ports in India are to be classed with IACS member Class Society
160. Section 14 (1) of CG Act
It shall be the duty of the Coast Guard to protect by such measures, as it
thinks fit, the maritime and other national interests of India in the
maritime zones of India.
161. Without prejudice to the generality of the provisions of sub-section (1), the
measures referred to therein may provide for –
a) ensuring the safety and protection of artificial islands, offshore terminals,
installations and other structures and devices in any maritime zone;
b) providing protection to fishermen including assistance to them at sea while
in distress;
c) taking such measures as are necessary to preserve and protect the maritime
environment and to prevent and control marine pollution;
d) assisting the customs and other authorities in anti-smuggling operations;
e) enforcing the provisions of such enactments as are for the time being in force
in the maritime zones; and
f) such other matters, including measures for the safety of life and property at
sea and collection of scientific data, as may be prescribed.
162. The Coast Guard shall perform its functions under this section in accordance
with, and subject to such rules as may be prescribed and such rules may, in
particular, make provisions for ensuring that the Coast Guard functions in close
liaison with Union agencies, institutions and authorities so as to avoid
duplication of effort.
163. • The Major PortTrusts Act, 1963
• Indian Ports Act, 1908
• InlandVessels Act, 1917
• Indian Penal Code, 1860
• Environment Protection Act, 1986
164.
165.
166. Indian Coast Guard (ICG) is designated Central Co-ordinating
Authority (CCA) for combating Oil Spills in Indian waters and
undertaking oil spill prevention and control
Authority for designation of ICG :
• Office Memorandum of Ministry of Defence dated 07 Dec
1986
• Amendment to the GoI (Allocation of Business) Rules,
1961, vide Gazette Notification dated 12 Dec 2002
167. • NOS-DCP approved by Committee of Secretaries and originally
promulgated in 1996
• Amended Subsequently - Current Edition published in 2014
• Legal Basis – S-14 of the CG Act - vests with Coast Guard - Preservation
and Protection of Marine Environment & Prevention and Control of
Marine Pollution.
• Originally designed for responding to oil spill disasters in Indian water
168. • Revised in 2014 to facilitate national preparedness and response to
HNS incidents and fulfil India’s obligation to have National Plan to
respond to HNS incidents, as state party to Protocol on Preparedness,
Response, and Co-operation to Pollution Incidents by Hazardous and
Noxious Substances, 2000 (OPRC-HNS protocol)
• India has yet to accede to the Convention & Protocol.
169. • Defence Secretary is chairperson of the National Oil Spill Crisis
Management Group (NOS-CMG) for marine oil spill emergencies
• The Government of Coastal States to constitute State level Crisis
Management Group for management of oil pollution incidents - SOS-
CMG
• District and Local Crisis Management Groups called DOS-CMG & LOS-
CMG.
170. From Ships Designated Authority under MS Act, 1958
Offshore Installations and upstream
pipelines
Relevant Company with Assistance form
Statutory Agency
Shore terminals, refineries and downstream
pipelines
Designated authority under Petroleum and
Natural Gas Regulatory Board Act, 2006
Major Ports Port Authority under Major Ports Act
Non Major Ports Designated authority in the Coastal State or
UnionTerritory
171. Source Combat Agency
Oil terminal Oil company or terminal operator; responsibility for control will transfer to the
Statutory Agency, if beyond the capability of company terminal operator
Ports The port operator or responsible State Government authority
Within Shoreline and Intertidal
Zone
Responsible State Government Authority
Beyond baseline The Ministry of Defence via Indian Coast Guard; In incidents close to shore when oil is
likely to impact the shoreline, the State Government via the Statutory Agency will be
the Combat Agency for protecting the coastline, whilst DG Shipping assumes
responsibility for ship operational matters, such as containing the oil within the ship,
organizing salvage, etc.
Spills emanating from offshore
petroleum ops
The relevant company with assistance from the Statutory Agency
172. • Within Shoreline and Intertidal Zones – StatutoryAgency designated by
Government of Coastal State
• Government of Coastal State Responsible for Coordinating District &
Local Administration and Operation of National Plan for Shoreline
Response as per National Disaster Management Act, 2005.
•
• Beyond Baseline – Indian Coast Guard is the Statutory Agency.
173. National Maritime Search & Rescue Manual (NMSAR)
• NMSAR prepared in line with International Aeronautical & Maritime Search & Rescue
(IAMSAR) Manual
• Indian Coast Guard has Maritime –Search & Rescue (M-SAR) coordinating
responsibilities in Indian Search & Rescue Region (ISRR)
• Current version of NMSAR promulgated on 27 Aug 2010 - incorporating Response for
Mass Rescue Operations that involve Immediate Assistance to Large Number of
Persons in Distress.
• Coast guard Maritime Rescue Coordinating Centre (MRCC) develop response and
contingency plans, drawn from NMSAR
174. • Coast Guard charter of duties related to SAR, vide Sections 14(2) (b) and 14(2)
(f) of Coast guard Act, 1978 include Providing protection to fishermen
including assistance to them at sea when in distress, safety of life and
property at sea, search & rescue at sea and enforcement of maritime law at
sea.
• For coordination of National SAR Objectives, National SAR Board Constituted
under Chairmanship of DG CG, vide vide Ministry of Shipping,GOI resolution
no. SW-MIC/27/77/MD/AG dated 28 Jan 2002
• DG CG also National Maritime Search & Rescue CoordinatingAuthority
(NMSARCA)
175. • National Search & Rescue Board (National SAR Board) formed subsequent
to India’s accession to InternationalConvention on Maritime Search and
Rescue, 1979 (SAR Convention) and consists mainly of Representatives from
Ministries / Departments of the Central Government
• National Maritime SAR Plan, 2013 published by National SAR Board and
available in Indian Coast Guard website.
• Toll free SAR distress telephone number 1554 installed at all Maritime
Rescue coordinating Centres (MRCCs) and (Maritime Rescue Sub Centres
(MRSCs). Number widely publicised amongst Seamen and Fishermen
community.
177. • Indian Coast Guard designated National Maritime Search & Rescue
Coordinating Authority (NMSARCA) – Rescue Duties Pertain to Indian
Search & Rescue Region (ISRR) situated outside base line.
• Responsibility for emergencies within Port Limits - Concerned Port
Authorities
• The Disaster Management Plans of Kandla, Mundra Ports and DMP
published by the Gujarat Maritime Board for Non-Major Ports of Gujarat
available in their respective websites
• The Mumbai Port Trust has a Disaster Management Plan; though not
available in its website.
178. • Port and Harbour emergencies to be handled by NCMC and Crisis
Management Groups (CMGs) set up under NCMC headed by Cabinet
Secretary as per National Disaster Management Plan (NDMP) and
Guidelines
• Responsibility for Port and Harbour emergencies do not come under
Organisations set up under DM Act.
179. • In practice, the Port Authorities initially use their own resources in fighting
fire
• When beyond their capability, Coast Guard gets involved, either on
intimation from Port Authorities or on Coast guard receiving calls onToll
Free SAR DistressTelephone Number 1554 installed at Maritime Rescue
Coordinating Centres / Maritime Rescue Sub Centres (MRCCs) / MRSCs.
• Coast guard uses their resources for fire-fighting and thereafter requisitions
vessels from SCI or ONGC with fire-fighting capabilities
• Most of the vessels owned or chartered by ONGC do not have capabilities to
carry out fire-fighting in shallow waters within the confines of ports.
180. • Indian Coast Guard Responsible for Pollution Control
• Designated CentralCo-ordinating Authority (CCA) for combatingOil
Spills in Indian waters and undertaking oil spill prevention and control
181. Responsible under the MS Act in respect of following:
• Issuance of statutory notice to the polluting ship actions if polluting ship
fails to take action to prevent or minimize pollution
• Advising concerned ports and other entities in respect of claims on
account of damage caused by the pollution
• Initiating legal action against the polluter
• Supervising salvage operations
• Investigating oil pollution contravention
• Taking administrative and legal action for processing claims against
damages incurred by Coast Guard and other agencies relating to any other
oil pollution incidents
182. • Advising the receiver of wreck with respect to pollution aspect and Response
• Advising Indian ship-owners to mobilize ships for the purpose of oil transhipment if
required.
• Even where casualty within port limits, in addition to the relevant Port Authority, the
DGS gets involved.
• DGS tends to go even beyond its duties under MS Act, and seeks to prevail upon
responsible parties / vessel owners to pay and settle claims that arise allegedly as a
consequence of the incident, including issuing directions for providing securities,
insisting on payments etc., without the owner having the benefit of having the claims
against them proved both in respect of liability and quantum.
• Also, GOI had through DGS, promulgated requirement of one each Emergency
TowingVessels to be stationed in West & East Coast for Emergency Response (AS
PART OF CASULATY EMERGENCY RESPONSE PROGRAM)
183. • Legislation not clear when situation beyond Capability of Port Authorities
and Assistance from Outside Agencies Required
• Port and Harbour Emergencies Required to be handled by National Crisis
Management Committee (NCMC), which organisation existed prior to
enactment of DM Act
• Not clear as to which Authority in Disaster Management Organisation
Responsible for ensuring suitable Disaster Management Plans /
Contingency Plans are in place for all Ports
184. • Indian Coast Guard under the Ministry of Defence
• Defence Secretary is Chairman of National Oil Spill Crisis Management
Group (NOS-CMG) for marine oil spill emergencies
• Ministry of Shipping (MoS), ICG, DGS and MMD need to function in a more
harmonious and integrated manner
185. • Synergising Casualty Response of Indian Coast Guard and DGS with ICG under
the Ministry of Defence, and all the other organisations such as DGS & MMD
which are designated authorities under the Merchant ShippingAct, with
Responsibility for shipping related matters functioning under (MoS)
• An organisation such as MCA of UK would be ideal.
• No particular authority and/or agency and/or established guidance / procedure
on/for shipping casualty in India.
186.
187.
188.
189.
190.
191.
192.
193.
194. 6
• OPA 90 v SOSREP situation – how they approach the issue of preparedness
• Tug Brokers
• Damage stability
• Drills
• Global ER support for ship owners regardless of National Legislation
195.
196.
197.
198. Vessel interests
•Ship owners
•Hull Underwriters
and P&I Clubs
•Vessel management
companies
Local Interests near
casualty
•Government both
federal and state
(pollution risk)
•Enforcement
agencies
Responders
attempting to
remedy the solution
•Salvors
199.
200. Evaluate Floating Conditions
Evaluate Ground Conditions
Salvage Solution
On Site Analysis
Convert Plan to Action
Capabilities Class Societies Select P&I Loading
Computer
Provider Differences
203. ASSESSMENT
TEAM
SPECIALIST
ADVISOR
EMERGEN
CY
TOWING
SALVAGE
SERVICE
S
INITIAL REMOTE
ASSESSMENT
RESPONSE SCENARIOS
Partnering with RESOLVE makes it possible to manage the difficult
early stages of any incident by pre-defining future response scenarios
and contractual circumstance ensuring business continuity.
ANNUAL
REVIEW
• Ensure a common
understanding of partnership
• Clarity of emergency contact
information
• Review emergency response
scenarios
REGULATORY COMPLIANCE
SERVICES
Partnering with RESOLVE ensures
statutory coverage for the
following compliance services:
OPA-90 SMFF
Alaska APC
China SPRO
Damage Stability Services (DS)
PARTNERSHIPP
PROCEDURES
• Review of the past
years marine incidents
• Lessons learned
• Salvage industry
update
205. Response Scenarios
Specialist Advisor
Expertise on the
ground to manage
difficult local
conditions
Assessment Team
Salvage teams on 24hr
readiness to get
onboard and provide
critical feedback
Emergency Towing
Strategically positioned
in-house fleet along
with global towage
network
Remote Assessment
Our trained personnel
are always a phone call
away
Salvage Services
Experience and
innovation to provide
cost effective solutions
216. M/V AMADEO 1
Incident: On August 18, 2014, the Ro-Ro cargo
ferry, AMADEO 1, hit an underwater rock formation
which breached her on starboard caused water
ingress into the lower car deck. The Master
grounded her on a nearby beach to keep her from
completely sinking.
232. 7
• Team
• Assets
• Emphasis on the International support
• ER / Salvage /WR credentials over last 5 years – 2 x Indian Navy Projects /
Genessa / L&T Jacket / Amsterdam Bridge / Barges overturned / Black Rose
233. RESOLVE Projects In India
Kandla
Mumbai
Goa
Jaffna
Chennai
Paradip
Tuticorin
M/T Genessa
INS Sindhurakshak
INS Betwa
LTHE Jacket
M/V Amsterdam
Bridge
M/V Qing
Barge Season
KKS Wrecks
Barge Marine Power
M/V Black Rose
249. 2. Submarine Salvage Plan: Overview
• To occur after removal of weapons
• Conduct fuel removal and other preparations
• Refloat Submarine by dewatering aft compartments and providing assisted lift
(buoyancy module and lift barge)
• Systematically dewater weapons compartment and conduct inspection and debris
removal
• Dock submarine on suitable material barge
• Conduct necessary cleaning and maintenance
250. Fuel Removal:
Approx. 160 tons
• Utilize installed fuel transfer manifold if possible
• Conduct hot tap operations as required
255. Salvage Preparations
• Conduct detailed diving and sonar surveys
• Fabricate buoyancy module
• Discharge air from HP air flasks
• Test pump compartments 3 through 6
• Air test ballast tanks and restore buoyancy
• Conduct silt removal and localized dredging as required
• Install salvage pumps and blow-down system
• Prepare lift barge with chain puller lift system
• Install lifting straps under sub
• Install buoyancy module and connect lifting rigging
• Prepare material barge for submersible operations
261. 8
• Future scenarios - “what if” a 20,000TEU/6000PAX or 260,000CM Gas Ship
fits the rocks (MOL Comfort)
• Chairman’s Case Study – Genessa
• Chairman’s final review & remarks (are you now better informed and
prepared for future ER situations?)
• Lessons learned today (use flip chart feedback)
• Review our 4Themes of the day – are they still relevant now, and have we
addressed them suitably?
• Action plan for the future!
277. Potential Implementation in India
New Legislation Adopting Ideas From OPA-90 and SOSREP Successfully Implemented
in Developed Countries
Identification Of A Unified System
Development of a Single Panel For Emergency Response
Subscription BasedOne-Call Response
Training Of Personnel
Strict Enforcement and Implementation of Laws on Defaulters
ShortTerm and LongTerm Benefits:
Minimal Loss Of Life
Environmental Protection – Both Marine and Shore
Strengthening of India’s Reputation and Position in the International Shipping Industry
Growth In Shipping Industry
Growth In Indian Economy
280. Incident Details:
- M/T Genessa - On 17th Jan’18, whilst at anchor @ KANDLA, had
an explosión in the ER.
- Cargo - 30,000Tons of High Speed Diesel.The explosion was
contained inside the ER & Accomodation space;
- The Indian Coast Guard and KPT tugs led initial Fire Fighting
Efforts
- Casualty – 1 crew member died & another badly burnt & injured
- The Eng Rm was flooded due to Fire Fighting efforts;
- Accomodation – Mostly Burnt;
M/T Genessa | Kandla
282. M/T Genessa | Kandla
RESOLVE’s Salvage Operations:
• LOF Contract was signed on 18th January, 2018
- Activated ResponseTeam including SM, Naval Architect,
Salvage Eng, Divers &Techs;
- Salvage Equipment including Pumps, IG Gen, Pollution
Equipment, FF Equipment with SCBA’s & Chemical Suits;
• Secured Operational Permissions followed by:
- Stage 1 – Fire Fighting: Minimize the Fire Risk;
- Stage 2 - Stabilization: Dewatering the Engine Room
using Submersible Pumps; AND
- Stage 3 – Lightering: Transfer 30,000Tons of HSD to a
lightering Vessel; Inerting in progress throughout the Operations.
• 6th March, 2018 - All Operations were completed safely;
• MT GENESSA delivered to the Owners at Kandla Anchorage.
283. M/T Genessa | Kandla
Challenges:
- Catastrophic Explosion Risk; (30,000MT of HSD)
- Potential Environmental Disaster;
- Liaisoning with Stakeholders including
- Ship Owners/Operators,
- P N I Club & H & M Underwriters,
- Indian Coast Guard,
- Kandla Port Authority &
- DG Shipping
- Securing permissions to conduct
salvage operations resulted
in two weeks delay in attending
to an ever-deteriorating environment;