Arrested Chinese vessel faces more charges – to remain in custody until fines are paid: SAMSA

Pretoria: 18 May 2016

The Chinese fishing vessel, Lu Huang Yuan Yu 186 captured and arrested by South African authorities last weekend after being found to have conducted itself illegally, is to remain in South African custody until all fines imposed on its owners have been settled, alternatively, a court case is instituted, goes on trial and concluded.

An image of the Chinese vessel, Lu Huang Yuan Yu 186. Courtesy of Independent Online
An image of the Chinese vessel, Lu Huang Yuan Yu 186. Courtesy of Independent Online

This is according to the South African Maritime Safety Authority (SAMSA) which on Wednesday (18 May 2016) announced to have found that the vessel had contravened environmental laws governing the country’s territorial waters.

In the statement, SAMSA said its investigation had established that documentation of the vessel was  in order. However, it had been found to have violated the country’s environmental laws governing the oceans. SAMSA confirmed that: “the fishing vessel was detained today and two Admission of Contraventions were issued to the master and owner of the vessel.

“The detention and fines were issued because of an unauthorised pump and flexible pipes from the engine room bilges directly over the side and that no Oil Record Book was available on board the vessel.

An image taken by SAMSA investigators aboard the Chinese vessel arrested in Cape Town and which show the condition of some of the water and oil management pipeline on the vessel.
An image taken by SAMSA investigators aboard the Chinese fishing vessel arrested in Cape Town and which show the condition of some of the water and oil management pipeline on the vessel.

“This is a direct violation of our marine pollution legislation. The vessel will only be released once the two non-conformities has been rectified and detention fee paid.

“We still have to wait to see if the master and owner will accept and pay the Admission of Contraventions or prefer to go to court, in which case we will have to lay charges at the police station and allow the law to takes its course,” said SAMSA in a statement.

The organisation further said that the country’s ports authority, the Transnet National Ports Authority (TNPA) and other relevant authorities had been notified of the detention.

DAFF briefed on findings

Earlier on Wednesday, SAMSA officials also met and briefed the Deputy Minister of Transport, Ms Sindisiwe Chikunga of their findings and determination following a visit and on board investigation of the vessel by the organisation’s surveyors on Monday afternoon.

A second image taken by SAMSA investigators aboard the Chinese vessel arrested in Cape Town and which show the condition of some of the water and oil management pipeline on the vessel.
A second image taken by SAMSA investigators aboard the Chinese vessel arrested in Cape Town and which show the condition of some of the water and oil management pipeline on the vessel.

The SAMSA findings and fines will be in addition to a set of others fines imposed on the vessel by other South African authorities including DAFF and SARS.

This followed the capture and arrest of the Chinese fishing vessel with nine crew on board on Friday last week off the coast of the Eastern Cape and berthed at the port of Cape Town.

It and several similar vessels believed to be from the same company, en route to the DR Congo were sought to be rounded up by DAFF officials for inspection following reports of suspicious behaviour, but refused.

According to DAFF, the vessels were initially rounded up and ordered to obey officials, but soon scattered and disappeared, except for the one that was eventually captured and arrested.

A DAFF spokesman, Ms Bomikazi Molapo said: “The crew claimed to have been travelling to the Democratic Republic of Congo where they claim they were going to fish and claim to have the necessary permits to do so. We have also established that this fleet of nine vessels is related and belong to the same company.”

Shortly after its berthing at the Cape Town harbour on Saturday, according to DAFF, rummaging was conducted on the captured vessel involving the South African Police Service (SAPS), the South African Revenue Services (SARS) as well as the Department of Home Affairs (DHA).

Ms Molapo said while the early investigators found no fish on board the vessel, it had however violated the country’s Marine Living Resources Act (MLRA) in that the fishing vessel entered the country’s EEZ without the authority of a valid permit.

“The vessel also contravened Section 56 (2) in that (the) Master or crew member of the fishing vessel in question, did not immediately comply with lawful instruction as given by a fishery control officer and also did not facilitate the safe boarding, entry and inspection of the fishing vessel,” she said.

Due to these violations, DAFF issued a seizure notice that will involve the vessel, its gear and equipment, stores as well as cargo.

In terms of this, the vessel will not be allowed to leave the port of Cape Town or relocate to any other berthing space within the port, unless authorized to do so by DAFF.

According to DAFF, SARS had also fined the vessel R8 000 for tobacco and cigarette related charges. SAPS was also following up and investigating a case involving the keeping of dogs in the vessel.

Centre for Sea Watch and Response had kept an eye on the vessels

A screen image of the tracked route of the 10 Chinese fishing vessels that went past the South African coast and one of which was captured following to violation of some of the country's territorial waters' management laws.
A SAMSA Centre for Sea Watch and Response tracking system screen image of the tracked route of the 10 Chinese fishing vessels that went past the South African coast and one of which was captured following to violation of some of the country’s territorial waters’ management laws.

Meanwhile, it has since dawned that the SAMSA Centre for Sea Watch and Response (CSWR) had actually tracked a number of the vessels as soon as they were within South Africa’s territorial waters on 07 May 2016 and according to its report, the Chinese fishing vessels had left China at the end of March 2016 destined for the Congo in West Africa.

The Centre said it had tracking AIS data for only six of vessels, indicating that carriage of AIS transponders for fishing vessels was a “flag State” requirement and that not all fishing vessels carried these devices.

A SAMSA Centre for Sea Watch and Rescue image showing the location of the rest of the Chinese fishing vessels along the Namibian coast earlier this week
A SAMSA Centre for Sea Watch and Response image showing the location of the rest of the Chinese fishing vessels along the Namibian coast earlier this week

This notwithstanding, the Centre said it had noted that the 10 vessels were detected by MRCC Mauritius and their National Coast Guard (NCG) aircraft was launched to interrogate (them). Their identities were established as Lu Huang Yuan Yu 185, 187, 197 and 199 and these were heading towards Congo.

Six others, the Lu Huang Yuan Yu 186, 188,189,195, 198, and Xu Huo 9618 were bound for Port Louis, and arrived on 28 April before departing on 01 May after bunkering at outer anchorage.

The Centre said: “The vessels entered SA waters on 07 May; passing through territorial waters off Richards Bay about 19h00 on 08 May, and Durban on 09 May; then Port Elizabeth on 10 May and rounded Cape Agulhas on 11 May, and off Cape Town about 14h00 on 12 May heading toward Saldanha Bay area. This is a distance of about 880 miles in about 91 hours which equates to an average speed of 9,6 knots.

A SAMSA Centre for Sea Watch and Rescue tracking system image showing the actual route taken by the Chinese vessels since leaving China about two months ago.
A SAMSA Centre for Sea Watch and Response tracking system image showing the actual route taken by the Chinese vessels since leaving China about two months ago.

According to the Centre, the track data of the six vessels indicate that they entered the SA coast near Richards Bay and stayed within the territorial zone all the way and passed Cape Town in keeping with their response to the Mauritian Authority of heading to the Congo.

The Centre said following the attempted roundup of the fishing vessels for inspection by the DAFF’s coast guard vessel, the FPV Victoria Mxenge, about 25 miles SW of Saldanha, the vessels dispersed and eventually continued heading northward towards Namibian waters.

SAMSA said that Namibian authorities had since been informed about the alleged incidents in South African waters.

The latest tracks show eight of the 10 vessels off Angola, outside of their EEZ.

End.

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