Tag: Admission of Contravention

Arrested Taiwanese fishing vessel released from South Africa

RELEASED: Taiwanese fishing vessel released by South African authorities on Tuesday after it was arrested earlier this month and on inspection by SAMSA, was found to have violated anti-pollution conventions governing management of vessels at sea.
RELEASED: Taiwanese fishing vessel released by South African authorities on Tuesday after it was arrested earlier this month and on inspection by SAMSA, was found to have violated anti-pollution conventions governing management of vessels at sea.

Cape Town:  27 September, 2016

A Taiwanese fishing vessel arrested and detained in South Africa earlier this month has been released, the South African Maritime Safety Authority (SAMSA) confirmed on Tuesday.

SAMSA said in Cape Town on Wednesday that the vessel was released after it settled admissions of contravention imposed on it relating to violations it was found to have committed while sailing in the country’s waters on the Indian Ocean.

It had been found non-compliant with International Convention for the Prevention of Pollution from Ships, 1973, (MARPOL) as there was no record in the Oil Record Book of oily waste having been landed ashore or discharged through the oily water separator, a SAMSA statement said.

The arrest of the vessel known as the Chin Jen Wen on 09 September was conducted by the Department of Agriculture, Forestry and Fisheries (DAFF)  after it was spotted through the department’s Vessel Monitoring System (VMS) apparently entering the country’s Exclusive Economic Zone (EEZ) from Mossel Bay towards  Cape Town.

DAFF initially suspected that the vessel had not applied for permission to be in the area. Fisheries protection vessels including The Victoria Mxenge were then set successfully on its pursuit and arrest eventually culminating in its detention at the port of Cape Town.

While in detention under the Marine Living Resources Act, according to DAFF spokesman, Ms Bomikazi Molapo; the vessel would undergo a thorough inspection conducted by all relevant law enforcement stakeholders, including SAMSA – the country’s maritime safety authority.

SAMSA sought to ensure that it complied with all relevant international maritime conventions relevant to that type of vessel. SAMSA also used its jurisdiction as a Coastal State to ensure that the vessel was of no threat to the State from a safety and pollution perspective.

Ms Molapo said: “The Minister has undertaken to intensify the fight against any form of illegal fishing in our exclusive economic zone to ensure that our resources are utilized for the benefit of the country to reduce poverty and ensure food security for all. South African waters remain a sovereign jurisdiction and its marine living resources will be protected by the Department”.

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Penguins rescuers in Port Elizabeth in line for possible compensation

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Pretoria: 01 September 2016

Organizations involved in the rescue of dozens of penguins caught up in an oil spill along the Indian Ocean coast near Port Elizabeth in the Eastern Cape these last few weeks may be in line to recover some or all of the costs of the operation, according to the South African Maritime Safety Authority (SAMSA).

According to SAMSA Centre for Shipping’s executive head Captain Nigel Campbell this week, a Panama registered Turkish owned vessel found to have been responsible for the disastrous oil spill near Port Elizabeth three weeks ago had been issued with an Admission of Contravention amounting to a total R502 000, in addition to a R1-million provided by the vessel’s insurers for purposes of reimbursing people and or organizations involved in the rescue and clean-up of the sea birds.

More than a hundred penguins inhabiting a small island known as Jahleel near the Ngqurha deep water port some 30 kilometers north east of Port Elizabeth (a.k.a Mandela Bay), were affected by the oil spillage and it took a number of rescue organizations to collect them for cleaning and rehabilitation.

logo1Captain Campbell, in a statement responding to concerns expressed by a senior official of the Wildlife and Environmental Society of South Africa (WESSA) through a local Port Elizabeth daily newspaper this week, said SAMSA had responded immediately to two oil spillages that occurred in the vicinity.

The first spillage involved an accidental discharge of oil from a vessel loading bunkers and which sparked a concern at WESSA.

However, Captain Campbell to sought allay fears that the recently established shipping vessels’ bunkering service at the port of Port Elizabeth might prove problematic, indicating that the accidental spillage during the bunkering had been quickly cleaned up and was therefore not believed to have affected negatively the environment, but specifically wildlife.

Captain Campbell said: “The spill from the refuelling operation was approximately 100 litres and was cleaned up immediately. Although we are still awaiting the outcome of the testing of samples taken SAMSA strongly believes that this was not the source of the oil on the penguins.

“Some two days after this spill a large oil slick was found in the bay and additional slicks were noted further down the coast as far as Jeffrey’s Bay. Our investigation identified a vessel on passage to Cape Town that had pumped oily waste into the sea over a stretch of approximately 120 nautical miles through a faulty oily water separator.

penguins pe 1“The Turkish owned, Panamanian registered bulk carrier was subsequently detained in Cape Town as being unseaworthy. It was issued with an Admission of Contravention of R127 000 for this as well as an additional R375 000 for illegal discharge of oily waste.

“Furthermore the owners, through their insurers were required to lodge an undertaking of R1million to reimburse those parties that reacted to the spill, this would include the cleaning of penguins. The ship was only released from detention when all monies had been deposited,” said Captain Campbell.

Captain Campbell further explained the management of these Admissions of Contravention in terms of relevant legislation. He said the fines were essentially an “Admission of Contravention” in terms of Marine Pollution (Prevention of Pollution from Ships) Act No 2 of 1986.

“The monies received are deposited into the Maritime Fund which is managed by SAMSA but is controlled by the Minister of Transport.

“In terms of the SAMSA Act, an application to the Minister can be made only for the purpose of furthering the objectives of the Authority (SAMSA) and in this case, this would be ‘to prevent and combat pollution of the marine environment by ships’. The rehabilitation of wildlife would therefore be considered,” he said.

Meanwhile, WESSA chairman of the Algoa Bay (Port Elizabeth) branch, Ms Martheanne Finnemore in her letter published in The Herald; praised both SAMSA as well as the several organizations that responded quickly and decisively in alleviating the plight of the wild sea birds affected by the oil slick.

She said: “Well done SAMSA for imposing a fine of R350 000 on the ship that caused the spillage during the oil transfer. This money should be channelled to those voluntary organizations such as SAMREC (South African Marine Rehabilitation and Education Centre) and to SANCCOB (Southern African Foundation for the Conservation of Coastal Birds) and its facility at Cape St Francis Bay to enable them to continue doing their amazing work in rescuing and rehabilitating these iconic birds.”
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