Catching Polluters: Marine Pollution Enforcement—Part 1

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by LCDR David O’Connell, U.S. Coast Guard Office of Maritime and International Law.


Port State Control
Port state control is an internationally accepted process through which a nation exercises its authority over foreign vessels when those vessels are in waters subject to its jurisdiction.

Environmental Protection
Under the umbrella of environmental protection, the main treaty for which Coast Guard port state control officers verify compliance is the International Convention for the Prevention of Pollution from Ships, or “MARPOL.”

MARPOL Annex I regulates the discharge of oil from ships. It is also designed to control the operational discharges of oil and oily waste that accumulate in ships as a result of normal operations.

The handling of oily waste is a constant challenge because it is continually produced, and the operation and maintenance of pollution prevention equipment takes time and effort. Additionally, disposal options can be costly. This has led some vessels to discharge oily waste overboard in direct contravention of MARPOL requirements.

The Oil Record Book
Oil record books, which capture all related onboard pollution prevention efforts, are examined regularly as part of the Coast Guard’s port state control program. Indications that large amounts of oily bilge waste are being discharged may indicate that there are substantial problems in the machinery space or elsewhere within the ship.

Irregular entries or a lack of entries may indicate that pollution prevention equipment is not being used properly and there is a potential violation.

In the most serious cases involving intentional discharges of oily waste or attempts to deliberately deceive Coast Guard port state control officers, the case can be referred for criminal prosecution.

Deliberate Discharge
Unfortunately, incidents of non-compliance with MARPOL Annex I requirements are on the rise. To combat this, the Coast Guard developed guidance on procedures to detect and respond to potential MARPOL Annex I violations.

The guidance focuses on scrutinizing the oil record book for irregularities, such as:
· oily water separators processing amounts that exceed capacity,
· dates not in order,
· missing pages,
· wrong codes,
· entries with the same time and amount processed,
· soundings taken during the inspection that do not match the latest entries.

Signs of bypassing of pollution prevention equipment:
· loose bolts,
· blanked flanges,
· different color piping,
· chipped or fresh paint,
· oil stains around pollution prevention equipment or overboard piping.

Despite the guidance being fully transparent to the marine industry and the success the Coast Guard has had in detecting and prosecuting these cases, discoveries of illegal operations continue at an alarming rate.

In part two we will examine Coast Guard prevention and detection efforts.

Photo Caption: Tell-tale signs of tampering include new bolts, different-colored piping, paint chipped from frequent handling, and oil stains on the bulkhead.

For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Upcoming in Proceedings

OUT NOW! Summer 2010: Maritime Domain Awareness
• Transforming MDA policy
• Transforming MDA capabilities
• Transforming MDA through technology
• Lessons Learned:
1) Arctic Rose: A fishing vessel meets a mysterious end in the Bering Sea.
2) Tug Valour: Failed assumptions lead to a fatal sinking at sea.

Fall 2010: Recreational Boating Safety (RBS)
• RBS program synopsis
• State RBS involvement
• RBS partners
• Manufacturing standards
• USCG Auxiliary
• Small vessel security
• Lessons Learned:
Barkald/Essence: A routine passage turns tragic.

Winter 2010-11: Fishing Vessel Safety
• Commercial Fishing Vessel Safety program synopsis
• Lessons learned
• Training and outreach
• Collaborative efforts/improvements

Your Opinion
• What do you want to read in Proceedings?
• What area under the Coast Guard’s marine safety, security, and environmental protection missions affects you most?
• What do you want to know more about?

Post a comment here or send us an e-mail at HQS-DG-NMCProceedings@uscg.mil.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

U.S. Coast Guard Activities Far East—Coast Guard challenges and opportunities beyond the dateline

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by LCDR Richter Tipton and CAPT Gerald Swanson, U.S. Coast Guard Activities Far East.


U.S. Coast Guard Activities Far East (FEACT) is a forward-deployed Coast Guard operational command responsible for Coast Guard missions across the Asia-Pacific region.

Stretching from Russia to New Zealand, and from Madagascar to French Polynesia, this area of responsibility contains the world’s largest commercial ports and strategically important shipping routes, as well as the maritime industry’s largest shipbuilding and repair centers.

Safety, Security, Response, Diplomacy
FEACT executes the Coast Guard’s International Port Security and marine safety (inspection/certification/casualty investigation) program for all U.S. flag vessels operating in the region, including the U.S. Navy’s Military Sealift Command fleet.

Additionally, the response/security department operates a team of 10 international port security liaison officers spread across the Japan, Singapore, and Seoul offices. The logistics department deals with issues unique to overseas missions such as obtaining visas and clearance approvals for international travel, specialized training for foreign deployment, protocol with industry and government officials, and maintaining critical relationships with our Department of Defense, the U.S. Embassy, and foreign nation hosts.

Uniquely FEACT
One aspect of the FEACT mission is the sheer number of cultures and various customs and traditions we encounter. To be successful, officers must be familiar with the cultures of all the countries they visit.

One week you might be greeting a Fijian with a hearty “Bula,” and the next week it’s “Annyong haseyo” in Korea. In one country you might shake hands, while in another it is only culturally proper to bow. Keeping it all straight can be complicated, but getting it wrong may undermine the success of the mission.

In several of the FEACT countries, the Coast Guard officer might be one of the few Americans the locals ever see, so it’s important to leave a good impression. Solid understanding of the country’s culture and the ability to identify critical factors help each of our members avoid cultural pitfalls.

On the Horizon
Because of FEACT’s close, long-standing relationships in our Asia-Pacific region, we find ourselves in a good position to help the Coast Guard and Department of Homeland Security move forward with a consolidated and comprehensive international engagement strategy for the region.


Photo 1: Coast Guard Activities Far East staff gathers in Japan for annual training and orientation.











Photo 2: LT Ken McCain of FEACT’s prevention department often flies thousands of miles to inspect vessels in other countries.












Photo 3: CDR Yuri Graves of FEACT’s security department, right, visits a foreign port as the international port security liaison officer. FEACT’s liaison officers make dozens of country visits per year, covering 105 million square miles of the Asia-Pacific region.









Photo 4: FEACT’s prevention department staff inspects a dry dock facility in the Asia-Pacific region.













Photo 5: Proliferation Security Initiative 2007 exercise at Yokosuka, Japan. The U.S. officers (from left) CDR Mark Eyler, LT Gregg Maye, LCDR Rich Kavanaugh, and LCDR Wes Bringham, USN, demonstrated how the USCG and USN work together during joint operations aboard a Japanese Maritime Self Defense Force ship.







For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Search and Rescue Engagement—a great return on investment

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by Mr. David L. Edwards, U.S. Coast Guard Office of Search and Rescue.


The Personal Touch
Though quiet in nature, engagement is a vital part of the U.S. Coast Guard’s Search and Rescue (SAR) program. Reaching out and planning ahead with our neighbors—including other countries, responders, commercial enterprises, national, and private and international organizations—ensures that the best use is made of all available resources to assist persons, vessels, or aircraft in distress.

What’s in it for Us?
Even so, there is periodic concern from those who ask, “What is the return on investment for SAR engagement in lands far away from our coasts?”

One answer: U.S. citizens by the millions travel around the globe. Our citizens have come to expect U.S. government support when they get into a crisis away from home.

Additionally, many U.S. agencies, other countries, and international organizations continue to seek out the U.S. Coast Guard to learn from our search and rescue competency.

Soft Power
The U.S. Coast Guard enjoys a reputation of being invited in by many countries that may not want to “talk” to other parts of the U.S. government.

As a unique instrument of U.S. foreign policy by virtue of our multi-mission character and broad statutory authorities, we can leverage this professional reputation to the benefit of the U.S. Coast Guard, the United States, and the international community. In this way, international SAR engagement can be thought of as a form of “soft power.”

Field Impact
Additionally, international engagement conducted by the SAR program office supports field-level search and rescue mission execution. Engagement helps transform our neighboring nations into force multipliers, rather than a possible drain on U.S. resources.

For example, U.S. Coast Guard joint rescue coordination centers and joint rescue sub-centers (JRSCs) are renowned for developing contacts and coordinating response to distress alerts at the extremes of their SAR regions.

Several Coast Guard districts have established a type of engagement program to work with neighboring countries. JRSC/Sector San Juan and JRSC/Sector Guam have particularly notable processes for face-to-face sessions on a recurring basis with the many nations (with many languages and cultures) within and surrounding their SAR regions.

A Parting Shot
For the U.S. Coast Guard, the return on investment includes reduced operational costs, lives saved in areas traveled by U.S. citizens and others around the globe, operational efficiency and interoperability due to international adoption of U.S. standards and practices, and respect for U.S. leadership and its position in the world.


For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

The Arctic—a growing search and rescue challenge

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by Mr. Rick Button, U.S. Coast Guard Office of Search and Rescue, and LT Amber S. Ward, U.S. Coast Guard Office of Maritime and International Law.



The Arctic was once a nearly impassable environment. Not any longer. The rapidly receding Arctic ice is opening up enough to allow summer sailing through both the Northeast and Northwest Passages. Many shipping companies are looking to cut costs by using these shipping routes at the top of the world.

As a result, nations responsible for aeronautical and maritime search and rescue (SAR) in the Arctic are facing the potential for an increase in disasters. With the enormous distances, vast barren landscapes, and harsh conditions, the challenge for Arctic nations is immense. The troubling reality is that there is limited search and rescue response capability in the Arctic.

The good news is that SAR authorities recognize the significance of the Arctic changes. Local, regional, national, and international cooperation to support lifesaving is stronger than ever.

Coast Guard SAR Program
The primary objective of the Coast Guard SAR program is to save lives at sea. The search and rescue program is highly respected within the international community, and the Coast Guard takes seriously its responsibility as an international SAR leader.

Based on priorities outlined in the National Security Council’s interagency review of Arctic policy, it is anticipated that the Coast Guard’s role and missions in the Arctic will continue to expand.

Arctic Exercises
In preparation for its increasing responsibilities, the Coast Guard has been conducting exercises while patrolling in the Arctic Ocean, determining which assets are best capable of operating in the icy climate. As a result, the Coast Guard learned key lessons to improve its arctic SAR capabilities.

On the Horizon
The Coast Guard Search and Rescue program is committed to maintaining a world leadership position in maritime SAR and minimizing the loss of life, injury, and property loss and damage in the maritime environment. Bearing these objectives in mind, the Coast Guard will continue to work toward meeting the challenge of providing critical rescue assistance in one of Earth’s most extreme environments.


For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Coast Guard International Port Security Liaison Officers

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by CDR Adam Shaw, U.S. Coast Guard International Port Security Program Activities Europe.


The primary mission for an international port security liaison officer (IPSLO) is to assess the anti-terrorism measures implemented at foreign ports by reviewing their security practices, increasing international awareness of maritime security, and championing best practices to improve maritime governance.

Achieving Compliance, Cooperation, Coordination
In addition, one of the liaison officer’s most important objectives is developing relationships to build trust. IPSLOs are required to make regular visits to the countries in their portfolios. These visits allow the officer to ensure the ports are maintaining effective security measures as defined by the International Ship and Port Facility Security code and to develop relationships with their in-country counterparts.

Diplomacy
In many cases, the only exposure a foreign government will ever have with the U.S. Coast Guard is through the international port security liaison officer. During a port security visit, it is not uncommon for an IPSLO to field a wide range of questions regarding port state control detentions, boarding officer training, small boat procurement, search and rescue doctrine, response to marine environmental pollution, and more.

An IPSLO’s most critical skills involve effective cross-cultural communications, diplomacy, and the ability to get a wide range of agencies to work together in support of a common goal. The success of the International Port Security program has garnered the U.S. Coast Guard a unique role in global maritime security and has allowed us to develop strong diplomatic ties with our international maritime trading partners.

Photo Caption: At left, CDR Adam Shaw, USCG international port security liaison officer, greets the president of Benin, Thomas Yayi Boni, at the presidential palace in Benin, Africa. Also in attendance is the U.S. ambassador to Benin, Gayleatha Brown, and LCDR Robert Keith, USCG international port security liaison officer.


For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Proceedings Summer 2010 Available Online

The current edition of Proceedings (Summer 2010 – Maritime Domain Awareness) is available online at http://www.uscg.mil/proceedings/.

This “Maritime Domain Awareness” issue features efforts by the U.S. Coast Guard and our interagency partners to transform MDA through a whole-of-government approach to policy, capability, and technology.

It emphasizes why maritime domain awareness is essential to all we do and demonstrates why improving MDA needs to be a shared, ongoing responsibility.

The issue also includes a special section of 12 articles highlighting the USCG Haiti earthquake response.

The Model Maritime Service Code

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by LT Tamara Wallen, Legal Advisor, U.S. Coast Guard Office of Maritime and International Law.

Most Recent Edition
The 2008 edition of the Model Maritime Service Code incorporated developments in domestic and international law since the first edition was published in 1995.

The latest revision of the model code is arranged into 18 chapters. The first three chapters are dedicated to establishing a maritime force—one organized and authorized to assert maritime jurisdiction over activities, vessels, and persons in specified geographic areas. These chapters also include a general description of maritime crimes.

The fourth chapter is dedicated to authorizing a maritime force to conduct investigations, assess and impose civil penalties, and refer cases for criminal prosecution. The remaining chapters address many individual missions that may be performed by a maritime force.

Using the Model Code
Each chapter begins with an introductory section followed by a summary of relevant international law and U.S. Coast Guard efforts in the mission area.

Supplemental information is provided in the guidance and implementation section to provide operational depth and practical guidance to the law. Model legislative text can easily be adapted to fit into existing legal regimes and address the particular needs of each state.

The revised code highlights issues for consideration and provides drafting guidance for consideration. The content has been cross-referenced, and related topics and relevant principles of law are listed in each chapter to assist drafters wishing to adopt particular sections to ensure that an effective legal framework is achieved. Links to relevant conventions, U.S. statutes, regulations, and resources are listed at the conclusion of each chapter.


For more information:

For more information on the Model Maritime Service Code, contact the USCG Office of International Affairs.

Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Coasties at the State Department

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by CDR Mark Skolnicki.


The U.S. Coast Guard has been involved in international engagement activities with the U.S. State Department for many years. The USCG has assigned liaison officers to work at the department’s headquarters in the Harry S. Truman Building (or “Main State”) in the Foggy Bottom neighborhood of Washington, D.C.

The senior Coast Guard liaison officer (CGLO) to the Department of State serves as a maritime policy advisor for worldwide issues on Coast Guard international policy and related matters. This officer coordinates issues related to security assistance, international training, capacity development, and VIP visits.

The Coast Guard liaison officer for the Office of the Americas (OA) programs serves as a law enforcement advisor on worldwide Coast Guard-related matters, concentrating on counter-narcotics and migration issues, and is the primary Department of State point of contact for coordinating real-time maritime operational threat response courses of action.

In June 2001, the first Coast Guard officer started working for OA, detailed from the Coast Guard’s Office of Maritime and International Law. This officer coordinates delivery of interagency goals for maritime safety, security, and environmental protection at the International Maritime Organization (IMO) and monitors a broad range of maritime issues with other nations.

The Coast Guard officer detailed to the Bureau of Oceans and International Environmental and Scientific Affairs serves as the executive secretary to the State Department’s Shipping Coordinating Committee.


For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

International Engagement

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by RDML Charles D. Michel.


The world community’s increasing interconnectedness presents unparalleled opportunities for economic growth and progress. At the same time, shrinking buffers of time and space between nations may harbor new threats and challenges.

The U.S. Coast Guard carries out its missions on every continent and in every ocean, and has a key role to play in promoting U.S. interests around the globe. There is no other organization that has the capability to deploy such a broad range of both “soft power” (diplomacy, rule of law, training, mission experience) and “hard power” (national defense and law enforcement capabilities) options to further national objectives in the maritime realm.

International engagement, which the Coast Guard carries out effectively across a wide spectrum of issues, is more relevant and important than ever before. The next series of blog posts showcase some of the ways the Coast Guard is leading global maritime international engagement.


For more information:
Full article is available at http://www.uscg.mil/proceedings/summer2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Upcoming in Proceedings

Summer 2010: Maritime Domain Awareness
• Transforming MDA policy
• Transforming MDA capabilities
• Transforming MDA through technology
• Lessons Learned: 1) Arctic Rose: A fishing vessel meets a mysterious end in the Bering Sea. 2) Tug Valour: Failed assumptions lead to a fatal sinking at sea.

Fall 2010: Recreational Boating Safety (RBS)
• RBS program synopsis
• State RBS involvement
• RBS partners
• Manufacturing standards
• USCG Auxiliary
• Small vessel security
• Lessons Learned: Barkald/Essence: A routine passage turns tragic.

Winter 2010-11: Fishing Vessel Safety
• Commercial Fishing Vessel Safety program synopsis
• Lessons learned
• Training and outreach
• Improvement

Your Opinion
• What do you want to read in Proceedings?
• What area under the Coast Guard’s marine safety, security, and environmental protection missions affects you most?
• What do you want to know more about?


Post a comment here or send us an e-mail at HQS-DG-NMCProceedings@uscg.mil.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Security with Compassion

Excerpt from U.S. Coast Guard “Proceedings of the Marine Safety & Security Council” magazine by LCDR Tony Russell, former Commanding Officer, USCGC Nantucket.


Life at sea can be hard for the commercial seafarer. Complicating the matter is the labyrinth that is the international maritime industry, in which it is not uncommon for a ship to have regulatory, business, and physical ties to a multitude of countries and jurisdictions simultaneously. On occasion, this formula develops into a complex and frustrating problem for the U.S. Coast Guard, one that we cannot ultimately solve ourselves through our safety and security missions—only through partnership with industry and other non-governmental agencies.

More Than a Call for Help
Such was the case of the M/V Haitien Pride. It started when a Good Samaritan vessel received a mayday call from this foreign-flagged coastal freighter and its crew of seven, sailing from Haiti with the intent to enter Miami. This began an eight-day saga that required the efforts of multiple elements of Coast Guard Sector Miami, Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), the Seamen’s Church Institute of New York and New Jersey (SCI), the ship’s representative, and the governments of the Bahamas and the Philippines to bring it to a successful conclusion.

At 10:57 a.m., May 5, 2006, Sector Miami’s command center received a report that the M/V Haitien Pride was disabled and adrift approximately 27 miles southeast of Miami.

Refugees?
The Coast Guard Cutter Cormorant, with a port state control inspector aboard, was dispatched to conduct a search and rescue boarding on the vessel. In the meantime, the master and crew began to make various claims regarding poor conditions, accompanied by requests to enter Miami.

The vessel was found to be structurally sound and not in distress and the Cormorant provided food and water to sustain the crew. Sector Miami decided that the standard safety and security requirements for entry into the U.S. would not be waived and the vessel would have to submit the required advance notice of arrival, document of compliance, safety management certificate, and international ship security certificate.

These entry requirements were provided to the vessel’s owner and agent, as well as an attaché from the Philippine Consulate who was sent to help resolve the situation. They made the decision that meeting the requirements was not financially feasible and began to make arrangements for the vessel to go to the Bahamas.

The master and crew of the vessel were not pleased with this situation and continued to state their desire to take the vessel to Miami, where they hoped to deliver the ship to the owner in an attempt to get paid back wages and return to the Philippines.

A Run for the Border
On the morning of May 12, Sector Miami received a call from the vessel’s agent stating that it was once again en route to Miami. The situation suddenly got more serious, and the focus shifted from safety to security.

An aggressive effort was made to re-locate the vessel, which had turned off its required Automatic Identification System, making things more difficult. It was found drifting in the Gulf Stream, southeast of Miami. While the significant concern continued to be the safety of the crew, the Coast Guard and its DHS partners began developing a contingency plan in the event the vessel attempted an illegal entry.

Interdiction, Negotiation
An interagency boarding team was quickly assembled from the patrol boat Nantucket, Sector Miami PSC inspectors, agents from ICE, and a non-governmental advocate for seafarers—Douglas Stevenson from the Seamen’s Church Institute.

Once permitted aboard, the non-governmental seafarer advocate enacted the mission of the Seamen’s Church Institute—to provide support and advocacy to seafarers. In this case, he understood that the best thing the master could do for himself and his crew would be to go to the Bahamas, where no-cost arrangements could be made to repatriate them to the Philippines.

Resolution
Almost immediately after Stevenson stepped aboard, the tone and progress of the negotiations improved. This was likely due to SCI’s reputation, credibility, and the fact that someone other than a government agent was providing assurances of taking care of them.

In less than two hours, the master and crew agreed to go to the Bahamas if clearance could be arranged and assurance made that they would not be arrested upon arrival. The vessel safely anchored near Freeport the morning of May 13, and the crew was eventually repatriated.

Lessons Learned
Though unusual and challenging, this case had many positive benefits. It tested the improved relationships and coordination that have been established since the stand-up of the Department of Homeland Security. It demonstrated the value of the new Coast Guard sector’s unified command structure, combining response and prevention responsibilities under one commander. And it showed the value of looking beyond the obvious government agencies and involving third-party non-government organizations to help broker acceptable solutions in these very complex and sensitive situations that don’t fit neatly into DHS’s jurisdictional responsibilities.

The most significant point made by this case, and others like it, is that the Coast Guard can find that important and delicate balance among safety, security, and compassion that makes it such a unique military, law enforcement, and humanitarian organization.

“The Coast Guard’s best side really shined through and showed that it can provide compassionate assistance without jeopardizing safety and security,” summarized Stevenson.


For more information:
Full article and “Interagency Success Stories” edition of USCG Proceedings is available at http://www.uscg.mil/proceedings/spring2009.

Subscribe online at http://www.uscg.mil/proceedings/subscribe.asp.

Direct requests for print copies of this edition to: HQS-DG-NMCProceedings@uscg.mil.