Coast Guard news 9-22

[Saltwater Fishing]

DETROIT – Coast Guard Sector Detroit suspended the merchant mariner’s license of a Port Huron, Mich., man Sept. 21, 2010, for violating Coast Guard regulations governing small passenger vessel operations.

The individual, holder of a Coast Guard issued master’s license, was charged with misconduct and had his mariner’s license suspended for six months outright, followed by a 36-month probationary period for knowingly carrying more than six paying passengers onboard the vessel Pon Tiki on at least two occasions without the vessel being inspected or certificated for that service.

Coast Guard regulations require that small passenger vessels (less than 100 gross tons) operating on U.S. navigable waterways be inspected by the Coast Guard and issued a Certificate of Inspection before the vessel may carry more than six paying passengers. Coast Guard marine inspectors ensure that vessels required to be inspected meet very strict guidelines for structural integrity, lifesaving, firefighting, and other safety standards. Prior to the discovery of these violations, Sector Detroit marine inspectors attempted to assist the licensed master in gaining compliance with the small passenger vessel requirements through a courtesy inspection and detailed correspondence outlining the steps the master needed to take before carrying paying passengers.

Failure to comply with the requirements for small passenger vessel inspection and certification is an offense which poses serious risks to the safety of both the passengers onboard and to U.S. ports and waterways. Coast Guard Sector Detroit will investigate allegations of violations of the laws and regulations promulgated to promote marine safety and pursue enforcement action against any party found to be in violation.

http://coastguardnews.com/coast-guar...ns/2010/09/21/

[Saltwater Fishing]

Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Irika Shipping S.A., a ship management corporation registered in Panama and doing business in Greece, today to pay a $4 million penalty, which includes a $3 million criminal fine and $1 million in organizational community service payments that will fund various marine environmental projects. Judge Motz also sentenced Irika to serve the maximum of five years probation, subject to following a compliance program that includes audits by an independent firm and oversight by a court appointed monitor.

Judge Motz also ordered today that four crewmembers that notified authorities about illegal discharges of oil and plastic from the M/V Iorana, a Greek flagged cargo ship, should split a $500,000 award under the Act to Prevent Pollution from Ships which provides that whistleblowers may receive an award of up to one-half of fines collected under that statute.

Irika Shipping pleaded guilty on July 8, 2010, as part of a multi-district plea agreement arising out of charges brought in the District of Maryland, Western District of Washington, and Eastern District of Louisiana, including felony violations of the Act to Prevent Pollution from Ships, related to port calls in Baltimore, Tacoma, Wash., and New Orleans by the M/V Iorana, and obstruction of justice charges based upon false statements to the Coast Guard, destruction of evidence and other acts of concealment.

In Maryland, $750,000 of the criminal penalty will go to the congressionally established National Fish & Wildlife Foundation and be used for Chesapeake Bay projects. In Washington, $125,000 will go to environmental projects in and around the waters of Puget Sound and the Straits of Juan De Fuca. In Louisiana, $125,000 will go toward funding habitat conservation, protection, restoration, and management projects to benefit fish and wildlife resources and habitats.

According to court documents, the investigation into the M/V Iorana was launched in January 2010 after a crew member passed a note to the Customs and Border Protection inspector upon the ship’s arrival in Baltimore alleging that the ship’s chief engineer had directed the dumping of waste oil overboard through a bypass hose that circumvented pollution prevention equipment required by law. The whistleblower’s note stated: “We are asking help to any authorities concerned about this, because we must protect our environment and our marine lives.”

“Deliberate pollution and intentional falsification of records to cover up the crime are serious crimes that will be vigorously prosecuted,” said Ignacia S. Moreno, Assistant Attorney General, Environment & Natural Resources, U.S. Department of Justice. “This company will now have significant oversight from outside auditors to make sure that it gets into full compliance,” said Moreno.

“Irika Shipping blatantly violated the law by dumping oil in the ocean and then lying to the Coast Guard about it, completely ignoring the terms of its agreement following a previous prosecution for the same conduct” said Rod J. Rosenstein, U.S. Attorney for the District of Maryland. “As part of the punishment for this crime, Irika Shipping will pay a fine of $4 million, including $750,000 to be used directly to help protect the Chesapeake Bay, and Irika will remain under court supervision for five years.”

“The Coast Guard’s partnerships with local, state and federal agencies played a vital role in the investigation and prosecution of this case,” said Coast Guard Capt. Mark O’Malley, Captain of the Port of Baltimore. “Let this serve as a wake-up call to other companies, or groups that are illegally dumping in our waters. The cost of the penalties and environmental damages far outweigh the cost of compliances.”

“EPA is extremely pleased that part of the sentence will be used for projects to enhance the quality of the Chesapeake Bay, North America’s largest and most biologically diverse estuary,” said Fred Burnside, Director of EPA’s Office of Criminal Enforcement. “EPA recently announced its Chesapeake Bay Compliance and Enforcement Strategy, a multi-state, multi-year strategy which will guide the use of EPA’s compliance and enforcement tools to target sources of pollution impairing the Bay and it is appropriate to use fines from vessels that use the seas as dumping grounds to help protect the Bay.
During a Coast Guard inspection on Jan. 8, 2010, the Coast Guard obtained photographs and video taken on the whistleblower crew member’s cell phone showing the use of a 103-foot long “magic hose” to bypass the ship’s oily water separator. The illicit bypass system used to discharge oily waste, including sludge, was routed through the ship’s boiler blow down system where any trace of oil could be expected to be steam cleaned away. The illegal discharges were concealed in a fraudulent oil record book, a required log in which all overboard discharges are to be recorded.

Irika Shipping admitted the following in a detailed joint factual statement:

* Approximately 23 cubic meters of oil contaminated sludge and bilge waste (approximately 6,000 gallons) were dumped overboard in December 2009 during the voyage from Gibraltar to Baltimore using the 103-foot bypass hose;

* The flanges where the bypass hose was connected were repainted before arriving in port in order to cover up tool marks caused when the bypass hose was connected and disconnected;

* The bypass was used at night, and plastic bags filled with oil soaked rags used to clean the bilge tank, which was contaminated with sludge and cleaned with diesel fuel, were dumped overboard at night;

* Additional episodes of illegal discharges took place after the ship’s first voyage in June 2009 and continued through the middle of December 2009;

* Irika Shipping did not have a company budget, a budget for the vessel or a waste management plan. Irika’s crew members received little training regarding the company’s environmental policies;

* Crew members were not informed by the company that it had previously been involved in an environmental crimes prosecution and, as a result, was to have been operating under a court-imposed Environmental Compliance Program; and

* Irika obstructed justice in various ways including: senior ship officers made false statements to the Coast Guard, crew members were told to lie to the Coast Guard, and evidence of illegal dumping was destroyed.

As set forth in the plea agreement, Irika pleaded guilty in U.S. District Court in Baltimore, Maryland to two counts of violating the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book and garbage record book; one count of obstruction of the Coast Guard’s inspection; three counts of concealing evidence; one count of making materially false statements; and one count of obstruction of justice. The maximum penalty for each of these felony offenses is $500,000 or up to twice the gross gain or loss from the offense.

In 2007, Irika Shipping was also the operator of the M/V Irika, a ship subject to a similar prosecution in Tacoma, Washington, where the ship’s owner, Irika Maritime S.A., and the ship’s chief engineer were convicted. As part of the sentence in that case, both Irika Maritime and Irika Shipping were required to develop and implement an Environmental Compliance Plan that would apply during a four year period of probation to the entire fleet of vessels managed by Irika Shipping, including new vessels such as the M/V Iorana.

In connection with its 2010 guilty plea, Irika admitted that it hired back the convicted chief engineer from the prior case who committed new violations on the M/V Iorana during the probationary period. A subsequent chief engineer, Triantafyllos Marmaras, was in charge at the time of the January 2010 inspection in Baltimore. Chief Engineer Marmaras pleaded guilty in June 2010, in U.S. District Court in Baltimore, to obstruction of justice charges and was sentenced to probation, a $3,000 fine, and banned for five years from returning to the United States as a crew member in a related case.

This prosecution was made possible through the combined efforts of the U.S. Coast Guard Sector Baltimore, the Coast Guard Investigative Service, Coast Guard Fifth District Legal Office, Coast Guard Office of Maritime and International Law, Coast Guard Office of Investigations and Analysis, Environmental Protection Agency Criminal Investigations Division with assistance from the U.S. Customs and Border Protection. The cases were prosecuted by Richard A. Udell, Senior Trial Attorney of the Environmental Crimes Section of the U.S. Department of Justice, P. Michael Cunningham, Assistant U.S. Attorney in Baltimore, James Oesterle, Assistant U.S. Attorney in Seattle, and Dorothy Manning Taylor, Assistant U.S. Attorney in New Orleans.

http://coastguardnews.com/coast-guar...ny/2010/09/21/

[Saltwater Fishing]

PORTSMOUTH, Va. — A Coast Guard Academy admissions event is scheduled to be held at the Base Support Unit in Portsmouth Thursday and Friday.

An admissions officer from the academy will be available to answer questions about the application process and opportunities in attending the Coast Guard Academy.

A tour of the sector as well as a Coast Guard cutter will also be provided.

Set on a waterfront campus in New London Conn., the Coast Guard Academy is the smallest of the five federal service academies and offers an educational experience with an emphasis on leadership, integrity, physical fitness, professional development and a student-to-teacher ratio of 8-to-1.

Registration is required for the event.

Registration and additional information can be found by visiting: http://admissions.uscga.edu/i2e/acad...n/locater2.asp and selecting Virginia.

For more information about the Coast Guard Academy, visit: http://www.uscga.edu/.

For questions about the event, please contact Lt. j.g. Cosimo Cambi at 860-701-6780 or 860-625-2014.

http://coastguardnews.com/coast-guar...se/2010/09/21/

[Saltwater Fishing]

SOUTH PORTLAND, MAINE — The Coast Guard recommended Tuesday to the Federal Energy Regulatory Commission that the waterways associated with the Calais LNG, LLC proposal to construct an LNG facility in Calais, Maine, are suitable for LNG vessel transits provided certain safety and security actions are taken as part of the permit.

The Coast Guard’s role in the process was to assess the safety and security issues associated with LNG tankers transiting the Passamaquoddy Bay and the St. Croix River.

As part of the Coast Guard’s contribution to the FERC review process, the Coast Guard Captain of the Port for Northern New England, along with key stakeholders, reviewed and validated the navigation safety and maritime security aspects of the Calais LNG, LLC proposal.

FERC has final approval authority on site placement and authorization to construct the facility. The letter of recommendation provides the Coast Guard’s assessment of the suitability of the waterway for LNG marine traffic..

The Coast Guard received official notification from Calais LNG, LLC of their proposal to build an LNG terminal in Calais, Maine, in May 2008.

Since the applicant’s filing, officials from Coast Guard Sector Northern New England have worked with the applicant, port and community stakeholders as well as state and local emergency responders to assess the safety and security issues associated with LNG tankers transiting the waterways.

“We are pleased with the cooperation of our port partners who have provided their candor and expertise to the review process,” offered Captain James McPherson, Coast Guard Captain of the Port. “We will continue to work with the community and our fellow emergency responders to ensure that appropriate measures are taken to assure the safety and security of the port and surrounding communities.”

In an 88 page analysis, the Coast Guard reviewed and validated Calais LNG’s Waterway Suitability Assessment. The review was conducted in full consultation and cooperation with port and community stakeholders.

If licensed by FERC, Calais LNG, LLC will be required to submit an Emergency Response Plan to address safety and security issues identified in the WSA and the Coast Guard’s analysis.

The letter of recommendation is included on the FERC docket and can be found at:

http://www.ferc.gov/docs-filing/elibrary.asp

For more information about FERC’s permitting process, contact FERC or visit FERC’s website at: http://www.ferc.gov

http://coastguardnews.com/coast-guar...ty/2010/09/21/

[Saltwater Fishing]

KODIAK, Alaska – Sitka Mountain Rescue with Coast Guard assistance rescued a man from a sinking fishing vessel in Sitka Sound late Monday.

The Coast Guard and Sitka Mountain Rescue personnel heard a distress call on VHF-FM channel 16 from a man aboard the 44-foot Wrangell-based trawler Zimovia about 11:10 p.m. The 74-year-old master stated his vessel was taking on water off Kulichkof Rock.

A Sitka Mountain Rescue boat crew aboard a 19-foot fiberglass skiff and a Coast Guard Air Station Sitka MH-60 Jayhawk crew launched at 11:40 p.m. to respond. The helicopter crew located the Zimovia and guided SMR to the scene. SMR personnel arrived at 11:57 p.m. and managed to recover the man moments before the Zimovia sank.

“This was a tough situation with the vessel unstable on the rocks being tossed about and we had to put our boat into the surf to get the master aboard our boat,” said Don Kluting, director Sitka Mountain Rescue, “We really appreciate our relationship and communication with the Coast Guard as a whole. It made it much easier for us knowing that H-60 crew was there if we ran into any trouble.”

Once aboard the SMR vessel the man was treated for cold weather exposure and taken to Sitka Community Hospital.

The Zimovia sank about 12:16 a.m. near a buoy in the sound. Personnel from Marine Safety Detachment Ketchikan and Aids to Navigation Team Ketchikan were underway at first light to look for pollution and ensure the buoy near where the vessel sank is watching properly. The sunken vessel is not a hazard to navigation.

It is unknown at this time how much diesel fuel is on board the vessel, the vessel’s maximum tank capacity is 1,400 gallons. Weather conditions were clear with light winds and calm seas.

MSD personnel are investigating the sinking.

http://coastguardnews.com/sitka-moun...nd/2010/09/21/

[Saltwater Fishing]

KODIAK, Alaska – The crew of the Coast Guard Cutter Sycamore is returning home to Cordova on Tuesday following 120 days underway supporting response efforts for the Deepwater Horizon /BP oil spill in the Gulf of Mexico. Sycamore also patrolled the Mid-Pacific in search of drug traffickers as they transited to and from the Gulf of Mexico.

Sycamore departed Cordova on May 24 en route Washington for a one month training assessment at the Coast Guard Afloat Training Group in Everett. The crew demonstrated their excellence in all assessment areas, ranging from damage control and communications to anti-terrorism and gunnery exercises. They achieved a “clean sweep” of all drills. The day before completing the training cycle, the ship received orders to “turn left” when exiting the Strait of Juan de Fuca and proceed through the Panama Canal to Pensacola, Florida for up to six months in support of Operation Deepwater Horizon.

With three days preparation in Seattle, Sycamore swapped out 18 crew members, loaded two weather buoys on deck, and took on fuel and supplies to make the 5,000 mile transit. Cmdr. James Houck, Sycamore’s commanding officer, described the crew’s reaction; “The crew took the changes in stride. Embodying the Coast Guard’s motto of Semper Paratus (Always Ready), we knew the nation needed us in the Gulf of Mexico and we responded with gusto. The disappointment of not being able to return home after a very successful training cycle was quickly overcome by the crew’s camaraderie and adventurous spirit as we headed out to do our duties.”

Between Seattle and the Panama Canal, Sycamore set two offshore weather buoys for the National Oceanic and Atmospheric Administration, retrieved and reset a wayward navigational buoy, and monitored the waters off Central America for drug trafficking.

During its 42 days in the Gulf of Mexico, the crew of the Sycamore directed the Coast Guard’s oil spill skimming and vessel of opportunity support fleets along the coasts of Louisiana, Mississippi, Alabama and Florida while constantly looking for skimmable oil. The crew also served as a search and rescue guard ship and provided hurricane contingency support.

“Sycamore’s crew responded remarkably to every challenge Deepwater Horizon through our way,” said Houck. “We are very proud of the contributions and hard work of the entire Coast Guard and applaud the many Coast Guardsmen involved in the response.”

The Sycamore is a 225-foot Seagoing Buoy Tender with a crew of seven officers and 44 enlisted. Sycamore was one of eight 225-foot Seagoing Buoy Tenders to respond to the Deepwater Horizon crisis. Their homeports range from Newport, R.I. to Honolulu, Hawaii. Sycamore’s homeport of Cordova, Alaska is the farthest from the Gulf of Mexico. Half of the Coast Guard’s 225 fleet was called to action, and seven of the eight remain in the Gulf of Mexico, awaiting detailed decontamination and to be cleaned of the oil they skimmed.

At the height of the Deepwater Horizon response 47,849 people, 123 aircraft and 8,044 vessels were deployed to collect, burn and disperse oil as well as protect sensitive shoreline, cleanup oil impacted areas, and monitor for the health and safety of people in the region.

http://coastguardnews.com/sycamore-c...ol/2010/09/21/