Bunker Conv Case Studies
Bunker Conv Case Studies
Bunker Conv Case Studies
I would like to draw attention to bunker-oil spills.International conventions such as ‘CLC 92’, ‘FUND 92’ and
earlier avatars such as ‘TOVALAP’ and ‘CRISTAL’, apply only to tankers. Bunker spills, however, occur not only from
tankers, but also from dry cargo ships and other non-tankers, which are much more numerous as compared to
tankers. Bunker spills are, therefore, a common source of oil pollution from ships. The statistics of oil spill-incidents
that have occurred in Indian waters clearly indicate that bunker-oil spills contribute almost eighty percent of these
incidents.
Today, many bulk carriers and container ships carry large quantities of bunker fuel. MV Chitra carried about
2600 tons of Bunker fuel. Fortunately, only about 800 tons of fuel oil egressed from its tanks. Bunker oil pollution can
cause considerable damage to marine environment, as it is low-grade, highly viscous and persistent. A relatively
small quantity of this highly-persistent fuel, may be dis-proportionably damaging and more expensive to remove vis-
à-vis light crude oil. Towards this, the Government of India has made efforts to accede to the ‘IMO Bunker Convention
- 2001’, and to incorporate the salient aspects of the convention into the MS Act, 1958, through an amendment. In
order to provide an insight into the legal and operational aspects of the Bunker Convention, this edition of ‘Blue
Waters’ has been exclusively dedicated to Bunker Convention issues.
The energy requirements of a fast growing economy like India are immense, and accordingly large quantities of
oil and other raw materials are imported. With advancements in ship building technology, transportation of large
amounts of oil-cargo through sea has seen significant improvement with regards to safety and environmental protection
measures. This is particularly true in the case of tankers. However, the Indian coastline has regularly been witnessing
small oil spill incidents, especially by the bulk carriers and general cargo ships. This may be attributed to several
factors, most important amongst them being ‘unseaworthy ships’. There is, therefore, an urgent requirement for the
MoS to address this issue.
The past six months have witnessed three oil spill incidents in Indian waters. All these incidents were responded
to effectively and none of them caused any significant impact on our marine environment, including the shore lines.
I am happy to note that most of the decisions taken at the NOSDCP, and preparedness meetings have been or
are in the process of being addressed, and I take this opportunity to compliment all stake holders for the same.
Finally, I would like to re-iterate that there is no end to preparedness, as it is a continuous evaluation of risks and
the level of readiness of personnel and equipment. I earnestly request Ports, Oil companies, State Governments
and other Departments to extend necessary support to the Coast Guard to put in place an effective system to
respond to oil spills in the future.
Jai Hind
(Anil Chopra)
Vice Admiral
31 Jul 11 Director General
New Delhi Indian Coast Guard
Jan 2011 Vol XII Issue 1
Editorial
CONTENTS
This edition of “Blue Waters” focuses on the
‘IMO Bunker Convention’ as the Bunker Oil Spill ARTICLES
impinges very seriously on the oil spill response
efforts in India. Efforts are made to provide both Legal Issues on Bunker Convention 3
the operational and legal aspects of bunker oil
spills. Bunker Oil – The Bigger Silent Killer 11
In the last edition of ‘Blue Waters’, a case Case Study – Oil Spill Response 15
study on oil spill response undertaken for Operations for MV Mirach
MV Black Rose was included, so as to provide
insight into the operational, technical and legal
aspects of oil spill response. Continuing the REPORTS
same trend, this edition of ‘Blue Waters’ also
India Watch
includes a case study on ‘MV Mirach’, which
sank near Crocodile Rocks, Colachel (Tamil Oil Leak from ONGC Pipeline 19
Nadu) on 12 Apr 11, and causing a minor bunker at Mumbai High
oil pollution around the area.
Oil Recovery from MV Juttha Pathama 19
The conduct of oil spill response
conferences, seminars and workshops benefit Oil Pollution by MV Ratna Urvi 20
both the users such as shipowners/offshore
platform operators, and regulators. Such Oil Spill by MV Mirach 20
conferences are conducted on a regular basis
abroad, but very few are conducted in India. To
fill this vacuum, ‘M/s iTen Media’ with support IMO NEWS
from the oil industry is conducting an
International Seminar on Oil Spill, (OSI-2011), Energy Efficency Design Index (EEDI) 21
at Goa from 29 Sep – 01 Oct 11. It is the
endeavour of the organisers to conduct it on
regular basis, so as to create a platform for EVENTS
exchange of ideas and formation of strategies. I
16th National Oil Spill Disaster 24
solicit the presence of all concerned, to attend
Contingency Plan (NOSDCP) and
the conference and benefit from it.
Preparedness Meeting, Kochi
INFORMATIONS
ARTICLES
to the Port and the Coastal areas due to high persistence
LEGAL ISSUES ON
BUNKER CONVENTION quality of the fuel oil carried by MV Chitra. The legal
framework for oil spill response for bunker oil spills
Deputy Inspector General Donny Michael
was a cause of concern across the globe as the Civil
Director (FE), CGHQ, New Delhi
Liability Convention (CLC) and Fund Convention (Fund)
apply only to spills from a “Ship” and this is defined in
Introduction
terms which in general are limited to oil tankers. As a
Oil spills from dry cargo ships and other non result , they did not apply to bunker spills from vessels
tankers are much more numerous than tankers and such as dry cargo ships, LNG or LPG carriers, chemical
bunker spills are therefore a common source of oil carriers, passengers ships, or other vessels not engaged
pollution from ships. Many bulk carriers and container in the carriage of bulk oil.
ships carry bunker fuel of 10,000 tons or more and
these are larger quantities than many of the world’s Bunker Convention
tankers carry as cargo. Even a small bunker spills can The IMO Diplomatic conference in March 2001,
cause considerable damage as these oils are highly adopted the International convention on Civil Liability
viscous and persistent. A new record for the most for Bunker Oil Pollution Damage. In 2007, the necessary
expensive ever oil spill in terms of dollars per barrel number of ratification was reached for the Convention
was set by the 43,000 dwt wood chip carrier MV KURE, to enter into force on 21 Nov 2008. The key features of
when it struck the dock at a loading facility and ruptured the Convention have much in common with CLC,
a fuel tank in Humbolt Bay, California, USA in Nov 1997. namely strict liability imposed on the owner of the ship,
In India, the 800 ton fuel oil spillage from MV Chitra off and limitation of Liability, coupled with a system of
Mumbai in Aug 2010, caused severe economic damage compulsory insurance.
3
Jul 2011 Vol XII Issue 2
By the time, the Convention was adopted, strict If a tanker carrying a cargo of persistent oil in bulk
liability had become commonplace in the domestic spills persistent oil from its bunkers, and causes damage
legislation of many states, and limitation of liability in a CLC state, then CLC will apply irrespective of
for bunker spills was generally available under the whether cargo also is spilt.” However, CLC 69 will not
LLMC 1976 Convention.” The principal benefit apply to bunker spills where (i) the tanker involved in
introduced by the Convention is a system of the incident is sailing in ballast, or (ii) it is carrying a
compulsory insurance, to ensure that valid claims cargo of non-persistent oil (eg aviation fuel), or (iii) the
are duly satisfied by rights of direct action against oil spilt from its bunkers is non-persistent. If such spills
approved insurers. occur in a CLC state which is a party to CLC 69 rather
than CLC 92, the Convention will have no application
Position in India
and the incident will be governed by the Bunkers
India has not ratified the Bunker Convention. The Convention or otherwise by national laws”.
oil spill compensation from Bunker oil spills is addressed
Bunker Oil Spill from Tankers - Position under
through the Convention on Limitation of Liability of
the 1992 Civil Liability and Fund Conventions
Maritime Claims (LLMC), 1976. The provisions of LLMC
1976 convention is incorporated under Part XA of the The 1992 Conventions likewise apply only to
Merchant Shipping Act 1958. In the case of oil spill from incidents involving a ‘Ship”, but they define this term as
a tanker, the oil spill damage and compensation are “any seagoing vessel and sea-borne craft of any type
addressed through CLC and Fund and they are whatsoever constructed or adapted for the carriage of
incorporated in part XB and XC of the Merchant oil in bulk as cargo…”. Accordingly, for the 1992
Shipping Act 1958. Conventions to apply, it is not a requirement that the
tanker should be “actually carrying oil in bulk as cargo”,
Bunker Oil Spill from Tankers - Position under
as is necessary for the purposes of CLC 69. The 1992
the Civil Liability Convention 1969
Convention will apply to bunker spills not only from laden
Where a CLC state is affected by a bunker spill tankers’ but also to those from tankers in ballast;
from an oil tanker, or by a grave imminent threat of moreover they will probably apply in most cases to
such a spill, the position differs under CLC 69 on the
one hand and, on the other under the 1992 Civil Liability
and Fund Conventions. CLC 69 will apply to an oil
pollution incident only if the vessel concerned was
“actually carrying oil in bulk as cargo”. It defines the
term “Oil” as ‘any persistant hydrocarbon mineral oil’
whether carried on board a ship as cargo or in the
bunkers of such a ship.
4
Jul 2011 Vol XII Issue 2
bunker spills from tankers employed for the carriage will involve an escape of cargo from a laden tanker,
of clean oil cargoes, if the vessel concerned has and the Civil Liability Convention will apply to the
been constructed of adapted to carry cargoes of incident in respect of any damage sustained in a
persistent oil. contracting state.
Under the 1992 Conventions compensation is A spill during bunkering operations may result from
payable for the cost of preventive measures taken in the joint blame both of the supply of vessel and the
response to a grave a and imminent threat of pollution, ship taking bunkering operations may result from
without an actual spill of oil being required; however, the joint blame both of the supply vessel and the
the bunker oil which causes, or, threatens to cause, ship taking bunkering on board. Assuming that
pollution damage must be persistent for the Convention the circumstances indicate an escape or discharge
to apply”. from the supply vessel, this vessel will bear full
responsibility for the incident under the strict liability
Spills during Bunkering Operation
provisions of CLC, without prejudice to a right of
Whilst the more significant cases of bunker pollution course for a contribution from the owners of the other
normally result from casualties such as collisions or vessel.
stranding, a number of bunker oil spills have occurred
Legal Aspects of Bunker Convention
during pumping operations in port. Though the quantity
spilt has usually been relatively small, there have been Despite its similarities with the Civil Liability
several incidents of this type in which considerable Conventions, and the fact that several of its provisions
damage has been caused. are modeled on those in CLC, the Bunkers Convention
does differ from CLC in certain important respects
Where bunkers are supplied by another seagoing
discussed below.
vessel such as an oil barge of supply tanker, it may be
relevant to examine whether the escape or discharge Geographical scope
of oil occurred from the ship taking the bunkers, or from
The geographical scope of the Bunkers
the vessel supplying them. In the latter case the spill
Convention is the same as that of CLC 1992. It
embraces damage occurring within the territory,
including the territorial sea, of a contracting state,
and also within the exclusive economic zone of
a contracting state as determined in accordance
with international law. The Convention also applies
to preventive measures, wherever taken, to avoid
or minimize oil pollution damage within these
areas”.
5
Jul 2011 Vol XII Issue 2
The term “Ship” is defined as ‘any seagoing The shipowner is also exonerated wholly or partially
vessel and seaborne craft, or any type whatsoever.” from liability to claimants in respect of pollution damage
This embraces a much wider class of vessels than which is shown to have resulted wholly or partially from
that embraced by the definition of ‘Ship’ in the Civil an act of omission of the claimant done with intent to
Liability Convention (which in principal apply only cause damage or from the claimant’s negligence. Those
to oil tankers), and it is likely to be interpreted as exonerations also are couched in identical language to
applying to various types of offshore units as well as that used in CLC, and they may give rise to similar
conventional ships of all kinds. issues.
The term “bunker oil” means “any hydrocarbon Dissimilarities with CLC
mineral oil, including lubricating oil, used or intended
There are certain respects in which the liability
to be used for the operation of propulsion of the ship,
provisions of the Bunkers Convention differ significantly
and any residues of such oil”. For these purposes,
unlike the position under CLC, it is not necessary for
the oil to be persistent. The inclusion of residues results
in liability attaching for any pollution damage resulting
from discharge of effluents including oily wastes from
bunker fuel, whether by accident or by operations
discharge.”
6
Jul 2011 Vol XII Issue 2
from those of CLC. The difference owes its origin to shipowner may have.
the fact that the Convention establishes a single – tier
In practice this may result in proceedings, being
liability regime, in contrast with the two-tier scheme
brought against two or more ‘shipowner’ defendants,
applicable to such vessels in member states of the
but in general this should not affect the amount
Supplementary Fund. There is no international Fund
recoverable. Only the registered owner is required to
financed by cargo receivers from which compensation
maintain approved insurance against liability under the
may be obtained if adequate recompense cannot be
Convention, and nothing in the Convention affects the
obtained from the owner of the ship involved in a
right of any ‘shipowner’ defendant or of the ship’s insurer
bunker spill. In these circumstances scope is
to limit liability in accordance with the applicable
persevered in the Bunker Convention for claimants to
limitation regime.
pursue remedies against a wider range of potential
defendants than would be possible under CLC. This is In states where the 1976 Limitation Convention
reflected in a relatively wide definition of the ‘Shipowner’ (LLMC) is in force as it is in India, the right of
on whom strict liability is imposed, and in the absence limitation is available to the charterer, manager and
of channeling provisions excluding the liability of other operator of the ship as well as the owner, and their
parties. aggregate liabilities are subject to a single liability
limit”. Assuming that insurance is in place as required
Parties liable under the Convention
by the Bunkers Convention, it is likely in practice
The Bunkers Convention imposes liability on the that the liability of the registered owner will be
‘Ship owner’ defined as ‘the owner, including the satisfied by the insurer, thereby relieving other
registered owner, bareboat charterer, manager and potential defendants of liability under the Convention,
operation of the ship.” This means that there is a but subject to any rights of recourse which the registered
broader range of parties potentially liable under the owner may have against them.
Convention than under CLC, where liability is imposed
on the “owner” of the ship, defined in the case of
registered ship as the registered owner”.
7
Jul 2011 Vol XII Issue 2
which a claim can be enforced. Possibly its greatest dedicated to pollution claims, and instead the liability
significant may be in cases where pollution damage is limit is linked to that applying under the national or
caused in a state which is not a party significance may international limitation regime, if any, in force in the state
be in cases where pollution damage is caused in a state where the damage is suffered. Accordingly, a limitation
which is not a party to LLMC; where the applicable fund established for claims under the Convention may
national limitation regime, if any, does not extend the need to be available also for non-pollution claims
right of limitation to the bareboat charterer, manager or arising from the same incident. A further consequence
operator of the ship; and where a defendant unable to of the approach taken to limitation is that the Bunkers
limit liability has been against which a claim can be Convention does not contain provisions comparable to
enforced. those in CLC with respect to limitation procedure and
release of security. Similar provisions are contained,
Limitation of liability however, in LLMC.
As with CLC, the corollary of the strict liability
Claims subject to limitation under LLMC
imposed by the Bunker Convention on the shipowner,
Linkage to LLMC in the Bunker Convention reflects
and of the rights which it creates of direct action against
the insurer of the registered owner, is that their liability a widely held assumption that claims for bunker oil
pollution fall within the categories of maritime claim for
under the Convention are subject to limitation.
which liability may be limited under the 1976 Convention.
Nothing in the Convention affects the right of the However, this is by no means free from doubt.
shipowner and insurer to limit liability under any
In its list of limitable claims LLMC makes no
applicable national or international regime, such as the
reference to pollution damage. Though some typical
8
Jul 2011 Vol XII Issue 2
categories of claim for pollution damage may fall system of compulsory insurance similar to that already
reasonably clearly within this list, others may not. These in place for tankers under CLC. Under the Bunkers
issues are particularly acute in relation to bunker spills, Convention, the registered owner of any ship of more
as the right to limit liability for clean-up costs after such than 1,000 gross tonnes is required to maintain
an incident is likely to depend on the same provisions insurance or other financial security to cover his liability
in LLMC as that dealing with wreck removal and some for pollution damage. As the definition of ‘ship’ is very
states have exercised right to exclusive wreck removal wide, this applies to all seagoing vessels and seaborne
claims when implementing the Convention in their craft of any type whatsoever.
national laws. This may have unintended implication in
A certificate attesting that insurance or security is in
the context of bunker spills.
force is to be issued to each ship by the appropriate
authorities of a contracting state. The certificate is to
be in the form of model annexed to the Convention,
must contain certain particulars, and must be carried
on board the ship. Claims for compensation for pollution
damage may be brought directly against the insurer
named in the certificate in respect of the liability of the
registered owner.
shipowners and their insurers prefer to assume issue determined by the above provisions is the amount
responsibility for such measures in order to exercise for which the insurer may be sued directly, without
control over costs. benefit of any policy defences which could be invoked
in defence of a claim for indemnity under the policy by
Compulsory insurance and certification the registered owner. As in the case of the limit of the
One of the most significant changes made by the owner’s liability, this will depend on the limitation regime
Convention is the introduction for non-tankers of a in force in the jurisdiction where the pollution damage
9
Jul 2011 Vol XII Issue 2
10
Jul 2011 Vol XII Issue 2
BUNKER OIL – addressing, for the first time, the problem of pollution
THE BIGGER SILENT KILLER caused by the escape of bunkers from general cargo
by ships. Not surprisingly the Convention follows the CLC
Pollution Response Team (East)
precedent in most respects. There are, however, a
number of notable differences and this paper will, in
Background
addition to summarizing the main provision of the
Bunker fuel is technically any type of fuel oil used
Bunker Convention, seek to identify and explain those
aboard ships. It gets its name from the containers on
differences. The International Group of P&I Clubs
ships and in ports that it is stored in; in the days of
suggested that the drafting of the 1992 Protocol is
steam they were coal bunkers but now they are bunker
widely recognized as defective and to overcome
fuel tanks. The Australian Customs and the Australian
this defect, it should be put right in the context of the
Tax Office define a bunker fuel as the fuel that powers
Bunker Convention.
the engine of a ship or aircraft. Bunker A is No. 2 fuel
oil, bunker B is No. 4 or No. 5 and bunker C is No. 6. Classification
Since No. 6 is the most common, “bunker fuel” is often
In the maritime field, following type of classifications
used as a synonym for No. 6. No. 5 fuel oil is also called
are used for fuel oils.
navy special fuel oil or just navy special; No. 5 or 6 are
also called furnace fuel oil (FFO).Small molecules like (a) MGO (Marine gas oil). Roughly equivalent to
those in propane gas, naphtha, gasoline for cars, and No. 2 fuel oil, made from distillate only.
jet fuel have relatively low boiling points, and they are
(b) MDO (Marine diesel oil). A blend of heavy
removed at the start of the fractional distillation process.
gasoil that may contain very small amounts of
Heavier petroleum products like diesel and lubricating
black refinery feed stocks, but has a low
oil are much less volatile and distill out more slowly,
while bunker oil is literally the bottom of the barrel; the
only things more dense than bunker fuel are carbon
black feedstock and bituminous residue which is used
for paving roads (asphalt) and sealing roofs. Bunker
fuel can also be prepared by using burnt Motor oil
with 10 % diesel additives. At a Diplomatic Conference
held at IMO headquarters in London between Monday
March 19th and Friday March 23rd 2001, the final text of
a Bunker Pollution Convention was agreed. The
Convention was kept open for signature from October
1st 2001 until September 30th 2002. This Convention
therefore has to be seen as plugging a gap by
11
Jul 2011 Vol XII Issue 2
viscosity up to 12 cSt so it need not be heated coatings or exposure to toxic substances than adults
for use in internal combustion engines. due to their size, underdeveloped immune systems and
behaviors. Marine mammals, seabirds (especially
(c) IFO (Intermediate fuel oil). A blend of gasoil
penguins) and sea turtles are all particularly vulnerable
and heavy fuel oil, with less gasoil than marine
to oil on surface waters as they spend considerable
diesel oil.
amounts of time on the surface feeding, breathing and
(d) MFO (Marine fuel oil). Same as HFO (just
resting. Animals that become coated in or ingest oil often
another “naming”).
die quickly. Large numbers of animals were killed
(e) HFO (Heavy fuel oil). Pure or nearly pure immediately after the Exxon Valdez spill, including as
residual oil, roughly equivalent to No. 6 fuel many as 300 seals, 900 bald eagles, 2,800 sea otters
oil. and 250,000 seabirds.
Effects of Bunker fuel on Marine animals and Invisible loss to the environment
Environment
As ships get bigger, the pollution is getting worse.
Once oil makes its way into the environment, it The most staggering statistic of all is that just 16 of the
poses a range of threats to marine life. Animals coated world’s largest ships can produce as much lung-clogging
by even small amounts of oil may be unable to swim or sulphur pollution as all the world’s cars. Marine heavy
fly properly, maintain their body temperature, feed or fuel, or ‘bunker fuel’, which leaves behind a trail of
even reproduce. Oil can also cover beaches and other potentially lethal chemicals: sulphur and smoke that
vital habitats, making it difficult for animals to find have been linked to breathing problems, inflammation,
uncontaminated food and nesting and resting places. cancer and heart disease. James Corbett, of the
Some animals are more vulnerable to oil than others. University of Delaware, is an authority on ship
For example, young may be less able to deal with either emissions. He calculates a worldwide death toll of about
12
Jul 2011 Vol XII Issue 2
64,000 a year, of which 27,000 are in Europe. Britain is Both international shipping and aviation are exempt from
one of the worst-hit countries, with about 2,000 deaths the Kyoto Protocol rules on cutting carbon emissions.
from funnel fumes. Corbett predicts the global figure But green pressure is having its effect on airlines. Ahead
will rise to 87,000 deaths a year by 2012. Bunker fuel of 2010 Copenhagen climate talks, airlines have
is also thick with sulphur. IMO rules allow ships to burn promised to cut emissions by 50 per cent by 2050.
fuel containing up to 4.5 per cent sulphur. That is 4,500
Impact of Bunker fuel on Indian coasts
times more than is allowed in car fuel in the European
Union. The sulphur comes out of ship funnels as tiny There has been a considerable increase in shipping
particles, and it is these that get deep into lungs. Thanks through the Indian EEZ. Over 3000 tankers, transit
to the IMO’s rules, the largest ships can each emit as annually through the international sea-lanes bordering
much as 5,000 tons of sulphur in a year – the same as the Indian coast. This number is further expected to
50 million typical cars, each emitting an average of 100 increase by four times by 2020. The Gulf of Kutch in
the west and the Malacca Straits in the east are the
potential zones for major oil pollution. In Gulf of Kutch
alone, 1100 tankers ply annually. By 2020, this number
is likely to increase by four times to 4400 tankers
annually which is going to pose a major threat to the
ecologically sensitive marine park in the Gulf of Kutch.
13
Jul 2011 Vol XII Issue 2
conditions increase the risk factor. As many as fourteen tar balls were reported in the sea water. On account of
ships ran aground in the year 2006 on the west coast bunker oil spill affecting 110 kilometres of Maharashtra
of India during the southwest monsoon. There is always coast, heavy loss to coastal environment was reported
an increase in usage of petroleum products for and NEERI assessed the environmental loss as
development and the increase in the risk factor. Oil spills Rs. 515 crores.
are often taking place but these incidents are neither
reported nor detected thereby causing damage to
marine environment. As we know, the spill oil poses a
range of threats to marine animals as well as
environment. The inhalation and ingestion of compound
related to oil spills can also harm marine life in the long
and short term. A recent accident occurred in 2010, off
Mumbai caused a havoc to the mangroves, beaches,
aquatic animals when 800 tons of oil leaked from the
vessel MV Chitra. In another incident at Goa coast, the
14
Jul 2011 Vol XII Issue 2
Background
MV Mirach, IMO No. 81168841, call sign 3EEH8, 1982 built, Panamian registered bulk carrier, carrying 25000
tons of iron ore from Vizag and heading towards Karachi ran aground on a shallow patch off crocodile rock near
Colachel (South West) Tamil Nadu coast on 29 March 2011. The information on grounding was intimated to
Coast Guard by local marine police. The master of the vessel was immediately contacted, who stated that the
vessel’s bow has touched bottom and the ship will be able to refloat during the next high tide and required no
Coast Guard assistance.
Further investigation made by the Coast Guard ships on patrol revealed that the ship had 149 tons of fuel oil
and all underwater compartments are intact and there was no flooding inside any compartments. The ship also
reported that there was no oil spill. The crew was also reported to be safe. The master thereafter realized that the
ship cannot retrieve itself and requested the shipowner’s, M/s Pina Shipping Company, Panama to arrange for
salvors on 30 Mar 11. The owners intimated that a salvage contract was made with M/s Orient Blossom Pvt. Ltd
Singapore and the salvage experts arrived onboard the ship on 31 Mar 11 to carry out the damage assessment.
The Coast Guard ships were deployed in the area to maintain surveillance for likely oil spill from the ship and
to respond to such spill if required. In view of the presence of 149 tons of FFO, a notice to master/ship owners was
served under section 356 J of the Merchant Shipping Act 1958 on 30 Mar 11, to take appropriate measures to
prevent the escape of oil from the grounded vessel and to prevent damage to the marine environment from
possible oil pollution.
15
Jul 2011 Vol XII Issue 2
On 04 Apr 11, at about 0700 hrs, the local agent of the ship M/s JM Baxi, Tuticorin, intimated Coast Guard
that the grounded vessel’s forward portion has going down due to ingress of water in hold no. 2 and 3. The
crew embarked the life boat and abandoned the ship. However, the salvage team continued to remain onboard.
A Coast Guard Dornier sortie was launched on 04 Apr and it reported that the forward two holds were
➩
M.V. MIRACH ON 04.04.2011
submerged and there was no oil spill in the area. The Coast Guard advised the salvage team to transfer all fuel
oil from the wing tanks to centre tank and seal them as preventive measure. The salvage team accordingly
transferred all fuel oil to tanks No. 2 and 4 (centre tanks) which were located in higher position and had double
bottom protection.
A second aircraft sortie was launched in the afternoon and the aircraft observed iron ore contamination with
water near the ship. However, the aircraft also observed intermittent patches of oil sheen on sea surface in the
vicinity of the vessel which were attributed to escape of engine room bilges. The sheen was also found dissipating
naturally, due to rough sea conditions.
By around 05 Apr, 50 percent of the ship sank by the bow and a fresh slick of 100 m in length was reported by
the ICG ship. The shipowner in the interim, arranged a salvage vessel SMIT Nicobar from the salvor and it was
expected to reach the area by 09 Apr 11. The owners also arranged hot tap fuel removal equipment from Rotterdam.
By 06 Apr 11, thin windrows of oil sheen extending 8 to 10 miles and moving in 130 degrees direction was
observed by the Coast Guard aircraft. The aerial monitoring was regularly undertaken and the leakage of fuel
oil was reported in the sea area for the next four days.
16
Jul 2011 Vol XII Issue 2
The salvage team reported that the leakage of oil from the ship is due to the crack in No 4 cargo hold. The fuel
oil was found oozing out at a regular rate and the salvage team could not contain the oil leakage. The salvage
team as last resort applied OSD on the oozing out area so as to disintegrate the thick fuel oil at the source of
release. By 11 Apr 11, the grounded vessel’s hull cracked into two separate position from hold no. 3 and by 12 Apr
11, the ship sank completely and minor sheen of oil was found continuously seeping out from the wreck.
The Coast Guard launched Operation Crocodile on 30 Mar 11, to keep a monitoring watch on the stranded
ship, as no oil spill was found from 30 Mar – 04 Apr 11. In addition, it was also appreciated that the local prevailing
current is likely to take the oil spill away from the shore.
However, due to the proximity of local tourist spots such as Vivekanand Rock and Kanyakumari beach/temple,
the Coast Guard launched operation ‘Samudra Swachchata’ on 05 April and five Coast Guard ships and Coast
Guard Dornier aircraft were deployed for monitoring and response roles. In addition, the Coast Guard pollution
response team for shoreline protection were mobilized from Chennai alongwith booms, skimmers and other
accessories to Colachel area. Certain vital areas were kept under close observation for laying the booms as
preventive measure. The Coast Guard ships and Dornier applied oil spill dispersant in the area to disperse the oil
in rough sea as the containment option was ruled out. The ships boarding team in difficult sea condition boarded
the wreck and monitored the situation closely.
Investigation
The preliminary inquiry revealed that the grounding of MV Mirach is attributabed to navigational errors on the
part of ships’s crew, wherein, the waypoint coordination were wrongly fed by the duty officer. In addition, it was
found that the ship steered very close to the shore to try to take short cut and went straight on crocodile rock.
17
Jul 2011 Vol XII Issue 2
The crocodile rock consists of series of pinnacle rocks which are generally submerged and form a unique eco
system. When MV Mirach ran aground, the ship was actually resting on top of few needle like rocks. By 04 Apr,
the forward portion to ship dipped due to ingress of water. By 11 Apr 11, the mid section broke into two, as it was
not supported by any rock. By 12 Apr 11, due to heavy sea action, the aft portion slipped from the rock support and
sank to the bottom.
The ship had a total of 05 tanks. The forward tank had 16 MT of FFO which got damaged totally and all oil
escaped into the sea. The two mid section tanks had 133 tons of FFO. By 06 Apr, the mid section developed a
crack and it is estimated about 33 MT of FFO escaped from the tanks. One tank located below machinery
compartment containing 34 MT of diesel oil was found safe and one lube oil tank having 20 MT of lube oil located
below accommodation area was also found safe.
Salvage operations.
By 30 Mar 11, the salvage team arrived on scene for assessment and survey of the vessel for removing the
trapped oil. By 09 Apr 11, the salvage tug SMIT NICOBAR arrived on scene to render necessary assistance to the
salvage team. By14 Apr, the diving equipment, air compressors, hot top equipment and other accessories were
brought to the area. By 15 Apr 11, the salvage team alongwith divers assessed the underwater area and commenced
the oil transfer operations to salvage tug. From 16 Apr – 20 Apr, a total of 80 MT of FFO was transferred from the
ship. Two hopper barges MV Sreekrishna and MV Subhtram were hired for transferring the recovered oil to the
port.
By 20 Apr 11, all the oil which were removable from the ship was taken out and the operation was terminated.
The vital lesson learnt from the operations is that there is no professional salvage company available in India
to remove oil from the stranded/sunken ship. The shipowners are totally dependent on foreign salvage company
which entails a time delay. Requirement exists to establish such salvage service within India to tackle similar
situation in future.
18
Jul 2011 Vol XII Issue 2
REPORTS
INDIA WATCH
Sagar Prabh/ Sagar Sevak and Malviya – 36 of M/s
OIL LEAK FROM ONGC PIPELINE AT
MUMBAI HIGH ONGC mobilised for inspection/defect rectification of
pipeline on 22 Jan 11. The Crude oil was diverted
Around 0950 hrs on 21 Jan 11, M/s ONGC, Mumbai through alternate route. The Operation “ Paryavaran
informed Coast Guard Regional HQrs (West) regarding Suraksha 01/11” was terminated at 1200 hrs on
oil pipeline rupture in BLQ-1 platform and subsequent 22 Jan 11.
crude oil leakage near platform at 0845 hrs in position
42 NM West of Prong Light (Mumbai). The loss of oil OIL RECOVERY FROM
estimated to be approx 25000 barrels by M/s ONGC. MV JUTTHA PATHAMA
Coast Guard Dornier was launched at 1043 hrs on 21
Jan 11 from CGAS Daman for an initial assessment. M/s Allied Shipping intimated on 03 Mar 11 that
one of their Vessel MV Juttha Pathama ran aground
on 28 Feb 11 at 2200 hrs near East of Okha Light. The
Vessel had at the time of grounding 241 tons of Furnace
Fuel oil as Bunkers. The Coast Guard vessel IC – 110
was deployed for monitoring of vessel any leakage of
bunker oil/marine pollution. As the Coast Guard did not
have any facility to remove the bunkers, from the ship,
the Coast Guard requested MoS/DGS may issue
necessary directives to the shipowners for early removal
of ships bunkers by involving a suitable salvage
company. The ship owner arranged salvors and 241
These sheen patches were observed to be salvors removed the trapped oil on 20 Apr 11.
20
Jul 2011 Vol XII Issue 2
IMO NEWS
ENERGY EFFICENCY DESIGN INDEX
(EEDI)
21
Jul 2011 Vol XII Issue 2
Committee agreed to recommend to the IMO Council Associations when it is possible to verify the Blue Card
an appropriate amendment to the Organization’s from the International Group’s website, and provide
strategic plan. criteria for accepting documentation from P&I Clubs
outside of the International Group
Bunkers Convention Implementation
STW validates marine environment awareness
The Committee approved a draft resolution on the
model course
issuing of certificates under the International Convention
on Civil Liability for Bunker Oil Pollution Damage, 2001, A new model course relating to marine environment
to ships that are also required to hold a certificate under awareness, designed to help meet new training
the International on Civil Liability for Oil Pollution requirements, was validated by the Sub-Committee on
Damage 1992, as amended, and decided to submit it Standards of Training and Watchkeeping (STW) when
to the 106th regular session of the Council for it met for its 42nd session. The course has been
consideration and, thereafter, for submission to the next developed in response to the new requirements for
session of the IMO Assembly for adoption. The marine environment awareness training in the Manila
resolution recommends that all States Parties to the Amendments to the International Convention on
Bunkers Convention issue the certificate prescribed by Standards of Training, Certification and Watchkeeping
the Bunkers Convention even when the ship also holds for Seafarers, 1978, and the Seafarers’Training,
a CLC Certificate; require ships having a gross tonnage Certification and Watchkeeping (STCW) Code, which
greater than 1000gt, flying their flag or entering or were adopted in Manila, the Philippines,in June 2010
leaving ports or offshore facilities in their territory, to be and enter into force in 2012. The Sub-Committee
insured and to hold a Bunkers Certificate as prescribed reiterated that validation of model courses by the Sub-
by the Bunkers Convention even when the ship already Committee in this context meant that it found no grounds
holds a CLC Certificate, and avoid taking action that to object to their contents. In doing so, the Sub-
could cause unnecessary bureaucracy. The Committee Committee did not approve the document and, it could
also approved Guidelines for accepting documentation therefore, not be regarded as an official interpretation
from insurance companies financial security providers of the Convention. The work plan to revise relevant
and P & I clubs, which recommend that a State Party to model courses pursuant to the Manila Amendments to
the Bunkers Convention should accept Blue Cards the STCW Convention and Code was also agreed by
issued by a member of the International Group of P & I the Sub-Committee.
23
Jul 2011 Vol XII Issue 2
EVENTS
Govt., NGOs and other volunteers who participated in
TH
16 NATIONAL OIL SPILL the cleanup operations to bring back the Coastline of
DISASTER CONTINGENCY PLAN Maharashtra close to the pre spill state. He insisted that
(NOSDCP) AND PREPAREDNESS all concerned agencies should take proactive measures
MEETING, KOCHI to deal with oil spills within their area and stringent
preventive, such vessel traffic control and port state
inspection so that oil spills does not occur as a result of
maritime accidents.
Departments, Ports and Oil Companies attended the Director (FE), CGHQ.
24
Jul 2011 Vol XII Issue 2
25
Jul 2011 Vol XII Issue 2
57 28/02/2004 01/Crude Oil 36 inches ONGC pipe line During Cruide oil trasfer
at MPT Oil Jetty from Jawahar Dweep to
(Tata Jetty -OPL PIRPAU) ONGC -Trombay through
36 ‘ pipe
58 01/10/2004 500 to 600 Ltrs Berth – MPT – 8 Goa During oil transfer
59 23/03/2005 110 Off Goa (Aguada Lt) MV Maritime Wisdom
off Aguada Lt.
26
S. No. Date Qty and Type of Spill Location Spilled by
(Tonnes)
63 06/05/2006 Minor spill (less than Sunken Tug off DCI Tug-IV
100 ltrs) Pt. Calimer Tamilnadu
77 21/01/2011 40 Tons Crude oil Mumbai High ONGC Mumbai Uran Pipeline