May 2012

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Shiptalk May 2012

Welcome

It’s been an awful month for shipping, the deaths of Maersk Mc-Kinney Møller and the Mission to Seafarers chief Tom Heffer have cast two very different, but equally dark shadows across the industry.

In this issue we will look at their lives, work and the effect that their passing brings to shipping. We also look at the world of video nasties...what happens when the collective knees jerk as pirates are shot by armed guards? We also bring startling news from our Life at Sea surveys about the scale of piracy and the effect on serving seafarers.

It was a special day for Shiptalk on Twitter recently, as we broke through the 1000 followers mark. So from @shiptalkdotcom #abigthankyou...or whatever the kids say these days.

Shiptalk.com…………………reading you loud and clear!

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We are sure we can provide you with the image you have been looking for so not why not drop us an image enquiry at enquiries@shiptalkimages.com and we will see what we can do for you.

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SECURITY
Video nasty

The maritime world has been divided over video footage purporting to show armed guards annihilating a skiff as it closes in on the vessel they are protecting.

When the video purporting to show an armed security team blasting away at a group of skiffs emerged into the public domain last month it was clearly going to raise some questions. You've probably already seen the video in which American sounding guards are seemingly caught on the hop by an incoming skiff - before firing 223 warning shots to the head of the "pirates". Some have joked about the effective use of bullets as the best form of "Ship to Skiff" communication, but it is a little more serious than that.

For every “Punch and Judy” response, “That’s the way to do it”, there are many more considered and concerned views. Ever since the use of armed security guards took off, the one real concern has been of a “Blackwater at sea”, and many think that this is what they have witnessed on YouTube.

The video really has done the rounds, just like the security team, and there hasn’t been a movie with this much shooting up since Trainspotting. It has appalled some, and caused applause elsewhere – but what will the longer term effects be?

The IMO is due to sit this month, and high on the Maritime Safety Committee agenda is the issue of armed guards, this video will likely concentrate the minds as they look to establish a standard, a system of check and a mechanism to police armed guards. The fact remains that armed guards work, and while shipping is about life and trade, not death – we have to recognise that pirates need to be scared witless and they have to know that if they approach ships with a view to hijacking them, then there will be dire consequences.

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Master’s Role

What the video of pirates being shot up has also done, is focus the issue back onto liability. Who will be for the chop when the lawyers come knocking? When the gun points at the pirates, will the finger of blame point at the Captain?

Many are now looking to BIMCOs standard armed guard contract, “Guardcon”. According to BIMCOs Giles Noakes one of the main aims of the contract was to distance the master from liability for the actions of the security team. The case of the “Enrica Lexie” in which Italian marines shot up some Indian fishermen could well have seen the master dragged into court. Where the soldiers are of fortune, rather than a nation, will it make a difference?

Guardcon, makes very interesting reading (for those who like that kind of thing), it places the responsibility for firing onto the security team. They have rules for the use of force, and they can use them in response to an "actual, perceived or threatened act of piracy and/or violent robbery and/or capture/seizure by third parties". All well and good, but the contract gives the Master express authority to order the Security Personnel to cease fire.

However, as has been pointed out the Master is unlikely to have the necessary expertise to control the use of firearms; this is the professed expertise of the trained Security Personnel and their leadership by the Team Leader. Allied to that, the Master could be in the citadel when the right time to cease firing occurs.

The issue of when to cease firing is the key, but there are now concerns that Masters may be called to book because they did not tell the guards to stop firing. Bearing in mind that the decision to start firing may be easier to take, the concept of the right moment to stop firing is a very difficult one.

Stop firing too early and you could still be hijacked, keep firing and you could end up in court. That is one tough call.

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Fishermen Fears

The Indian government has responded to concerns of its fishermen, and issued a notice to vessels covering navigation off the Indian Coast - transgressing of fishing nets - mistaking fishing boats with pirate skiffs.

Shipping traffic has increased significantly off the western Indian coast, as more vessels look to hug the coast to avoid pirate attacks. However this has brought the vessels into increased conflict with local fishing fleets.

With over 300,000 fishing boats in operations off the Indian coast, activity can be pretty intense, and ships will see small boats if they are close to the coast. The boats have 4-5 crew onboard and tend to use outboard engines. The fact is, they look like pirates...and mistakes have been made. This is not helped by the fact that when ships pass through the area, they often pass through fishing nets too – this leads the fishermen to sail towards the vessels in an attempt to attract attention and raise the alarm.

As we can perhaps imagine, this in turn can lead to armed guards getting a little anxious, with potentially lethal results.

It is interesting to note that the burden of pressure here is on the ship, and not the fishermen. We would like to think that there is a large scale outreach and education programme to warn of the new dangers of approaching merchant vessels.

If fishermen look like pirates, and act like pirates...well then, we can perhaps imagine the consequences.

Ships should be able to avoid the pirate hotspots, but that shouldn’t mean they can shoot up the innocent locals. Therefore, it would seem that technology should come to the fore – and the Indian government should issue fishermen with transponders to mark areas in which nets have been set. At least that way they can mark their fishing patches without having to rush headlong into the mouth of fire. Heck if the transponders can monitor the AIS signals from the ships, the lawyers can even get the money back for any damaged nets.

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SAFETY
Kitted out

It’s not just Indian fishermen who can benefit from technology - in a line up which would make the Gadget Show prize fund blush, GCaptain recently looked at the booming market for “anti-pirate PPE”. So what kit should self respectin’ and protectin; seafarers look to treat themselves too?

Well our favourite is the Kevlar clipboard – the very idea that officious bureaucrats could require a means of gathering data while protecting themselves from gunfire is intriguing.

Next up is the bulletproof lifevest – yes you read that correctly. Apparently the Mullion Ballistics Life Jacket is SOLAS approved and provides NIJ3A rated ballistic protection, the highest soft armour level for stopping flying bullets, knife stabs and even spike attacks…but allows you to float. Amazing, we want one.

Mind you the experts warn that the ballistic lifevest can only do so much. It can’t stop close range rifle shots or fragmentation damage from an RPG. To move you to the next level of protection you need Pinnacle’s maritime body armour or, our favourite, the Northgear Ballistic Floatation Vest. We like it because it comes complete with reflective tape and an international orange colour scheme. The whole idea of making yourself as visible as possible while not wanting to be shot by the enemy is a philosophical debate too far for us, but if we were out in the HRA, we’d want one!

So – you’ve got the clipboard and the lifevest. What else do you need to look cool, yet feel protected? Why, High-Impact Sunglasses of course.

As the pirates attack out of the sun like khat crazed kamikazes you need to be able to spot ‘em and stop a bullet. The ESS 5B’s come with U.S. Military Spec ballistic high-impact lenses. They won’t stop a direct shot (that would be mad), but you’ll be protected from shrapnel and bits of flying Kevlar clipboard.

The good ideas continue at http://goo.gl/fnnHD and we think you’ll find some useful additions to your Christmas list.

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Titanic View

A Nordic safety group has called for a review of the way existing tonnage can be exempt from new safety rules.

The Skagerrak Foundation has written to the International Maritime Organization (IMO) and European Maritime Safety Agency calling for so-called “grandfather clauses” to be used sparingly and for the industry to adopt a more risk-based approach.

Grandfather clauses have been written into some safety regulations agreed at the IMO after concerns that new rules would be prohibitively expensive for owners of older tonnage with only a limited lifespan.

Skagerrak board member have criticised national maritime administrations that bow to commercial pressures when applying IMO rules on safety and make use of the grandfather clause.

Backing up their concerns, they claim that the “Titanic” could still be compliant with much of the safety of life at sea convention and its subsequent amendments as it would be eligible for several exemptions from applying many rules written after it was built.

Whenever safety can be compromised for commercial reasons, there are those who will look to exploit the loopholes. These are the bean counters who know the rules and understand the balance sheet, but who care little for the potential wider consequences.

It is all too easy to grandfather in the open lifeboats or CO2 systems, but is enough of a view taken to the actual risks? The Skagerrak Foundation does not oppose the grandfather clause in some circumstances, but wants to see a risk-based approach based on the principles of the International Safety Management (ISM) Code.

The stance has been set out in a letter to the IMO, and it is hoped that a more careful approach will be taken to old ships trying to operate under new rules.

Safety should come first, grandfather or no.

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EU Ban Fear

The potential ban on Filipino seafarers by the EU is still looming as the European Maritime Safety Agency (EMSA) continues its due diligence process and research.

It doesn’t really take a genius, or a multi billion Euro authority, to know that some schools in the Philippines are better than others. Or that there are some shortcuts in training, some bribery, a sprinkling of corruption and some good old fashioned incompetence.

But is this the right way to go about assessing those aspects, and is a ban a solution, or just a knee jerk reaction? We were always taught never to react, but to respond, meaning that you should think things through – strategise a solution, not just lash together a quick fix.

Most can recognise why a ban could be justified, but that wouldn’t fix the actual problem. It would cause some frantic recalibration of standards, but it wouldn’t fix the owners who were willing to accept sub-standard seafarers, or the training systems onboard which failed to turn the unpromising pigs ears of poor seafarers into silk purses of merchant officers.

How can we fix the actual system, not just the foolish schools which have let their standards drop because they could?

An EU ban will affect shipping from stern to bow, and from keel to masthead. It will mean that other administrations will have to look at similar measures, in short it will force the poker game of manning to an end. All hands will have to shown, and it is hard to see who would actually win.

By all means threaten a ban, in fact do all possible to make the bad guys sweat and the lazy lecturers pull up their socks. The EU should explore all means possible before painting itself into a corner and actually taking the nuclear option.

We hope that common sense prevails, and that just as the standards are raised, we believe the threat should be lifted too.

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PEOPLE
Double Loss

Maersk Mc-Kinney Møller, the owner of the world's largest container-shipping company and Denmark's richest man, died last month aged 98.

Mc-Kinney Moeller ran Copenhagen-based A.P. Moeller-Maersk A/S (MAERSKB) for 38 years before stepping down as chairman in December 2003. He took over the closely-held company in 1965 after the death of his father, Arnold Peter Moeller, who founded the business with one second-hand steamship in 1904.

Mc-Kinney Moeller built the shipping company into a corporation with annual sales last year of $60 billion -- equivalent to almost 20 percent of Denmark's gross domestic product -- employing 108,000 people in more than 130 countries.

The container line which he built transports about 15 percent of the world's manufactured goods. While competition has bitten into the company, it is still one of the most recognisable and respected shipping companies there are.

Another loss to shipping last month was the tragic and untimely death of Mission to Seafarers secretary-general, the Rev Tom Heffer.

Tom was an incredibly committed, passionate, lively, warm and amiable person and having taken the reins of the Mission only relatively recently he had overseen changes and evolution the likes of which will position the Mission well for the years to come.

As demands on seafarer welfare organisations intensify, especially with piracy a key concern, Tom worked tirelessly to forge the Mission to Seafarers into something greater even than the sum of its parts. Whenever we met Tom, or heard him speak – he was able to cut through barriers, and delivered a common sense vision of how life for seafarers should and could be improved.

While Tom’s line manager was God, he never distanced himself from his own flock – those who go to the sea in ships. He will be missed by those who knew him, and by those that knew he was working so hard for them.

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Justice for Seafarers

Almost one master in four has faced criminal charges at some point, with the vast majority convinced that they did not receive fair treatment, according to research conducted by legal research centre Seafarers’ Rights International (SRI).

Questions in the survey specifically asked about the experiences of seafarers who had faced criminal charges. 44% of seafarers reported that they were bodily searched. 87% who faced charges relating to the discharge of their professional duties said that they did not have legal representation; 91% of seafarers who needed interpretation services said that they were not provided with such services; and 89% of seafarers who had faced criminal charges said that they did not have their rights explained to them.

Seafarers were also specifically asked about their perceptions. 80% who had faced criminal charges felt intimidated or threatened. Concerning casualty inquiries and accident investigations, 46% of seafarers who answered the question said that they would be reluctant to cooperate fully and openly with such inquiries. Reasons expressed included: “The information that I would provide might be used against me”; “I would fear incriminating myself”; "Anything you say can be used as evidence against you”.

Overall, 81% of seafarers who faced criminal charges did not consider that they had received fair treatment.

This is a frightening and depressing state of affairs – the fact that seafarers face more charges, searches and prison time than Somali pirates, and we can see that things are seriously wrong.

The issue of criminalising seafarers just will not go away - and the SRI hopes that the report will provide momentum for increased efforts to ensure fair treatment of seafarers, whether innocent or guilty of a criminal charge, and that from this survey, the faces and the voices of the seafarers will be seen clearly and heard loudly".

The full report of the survey will shortly be available on SRI's website www.seafarersrights.org

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CRUISE
New Love Boat

We could scarcely disguise our sadness last month when we announced the demise of the “Love Boat”. The ship which had done so much to foster our desire to go to sea, being cut up for so many razor blades.

So it was with a huge grin when we spotted that a Norwegian Cruise Liner has become the backdrop for a new reality show, "Love for Sail".

In each episode, mate-seeking men and women will board the new love boat to embark on what they hope will be a voyage of love. While there's no Julie McCoy, there are cruise directors Bucko and Carmen who help match make for the women at open mixers. The passengers go on dates, parties and shore excursions, stopping in ports of call that include Ocho Rios, Jamaica and Nassau, Bahamas.

The series will be shot on the Norwegian Epic, Norwegian Pearl and Norwegian Star with scenes filmed in the Mandara Spa, the Bliss Ultra Lounge and La Cucina Italian Restaurant -- giving views into some areas of the ships not open to the general public.

The show is being produced by Studio Lambert, creators of "Undercover Boss", in which Norwegian CEO Kevin Sheehan starred in 2010.

"We are thrilled to work with Lifetime and our friends at Studio Lambert on a unique series that showcases the many aspects of cruising from lavish suites and incredible dining options to innovative on board activities and exciting shore excursions," said Sheehan.

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Storm about a Tea Cup

Forget Titanic, roll over Concordia, the real cruise ship story shaking the world last month was the news that Disney Cruise Line has decided to hang up its tea bags.

Please sit down if you aren’t already, because...gulp, all four cruise ships in the fleet will no longer offer High Tea beginning later this summer. Yes, you read right.

High Tea is a taste of luxury from a by-gone era, and is offered on cruises sailing seven nights or longer in the line's Palo restaurant, from 3-4 p.m. while the ship is out at sea. What does high tea consist of, I hear you cry...well, it is an array of traditional, herbal and flavoured teas along with finger foods and desserts at an extra cost of $10 per person.

The elimination of the high tea will allow the line to expand its brunch offerings, which actually sounds like an opportunity for expanding waistlines.

The final sailing dates for Disney's Palo High Tea will be July 22 for the Disney Dream, August 10 for the Disney Magic and August 13 for both the Disney Wonder and Disney Fantasy.

We urge you all to raise a pinky at 1500 wherever you are on these dates as yet another maritime tradition dies. High tea shall remain a fixture at Shiptalk towers, and as we have done for so long, our butler will bring out the silver and we shall sup and dine like Downton Abbey extras.

Send your pictures of rough tough seafarers having tea, cakes and raising a pinkie to newsroom@shiptalk.com or through Twitter @shiptalkdotcom #pinkie. The dirtier the overalls and daintier the cakes the better.

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GENERAL
Image Matters

According to BIMCO President and Chairman Yudhishthir Khatau, the global shipping industry should try to improve its social image. The call has come after a sorry year for shipping, in which a series of maritime accidents has dampened its relationship with the public.

Over the past year, shipping has seen some of the worst accidents in decades, with the capsized cruiseship Concordia and the leaking boxship Rena among the roll-call of shame.

These high profile failings have seen shipping painted as something of a global pariah. The world sees that ships and seafarers are victims of piracy, that ships pollute the skies and the seas, and that we can’t even keep from hitting things or each other. All in all, you can see perhaps why the lay person or politician may have a pretty unhealthy view of this most historic and global of industries.

We all know the figures, and if shipping fails as a business, then the whole of modern society and industry folds too. We are the lifeblood of the world, but perhaps we could be a little better at getting it across.

Speaking at a Corporate Social Responsibility (CSR) conference in Singapore, Khatau stated that, “We are what we do. But we are also what we are perceived to be…”

Mr Khatau stated that one key challenge that this industry has faced is related to image. He believes that adopting CSR initiatives would contribute towards improving the shipping industry’s image, while attracting more youngsters to work in the maritime transport sector.

These are of course fine words, but shipping has never really been one to put its money wholly where its mouth is. Sabyasachi Hajara, Shipping Corp of India’s Chairman and Managing Director, said key issues to address in shipping included lack of ownership transparency and insufficient up-front green investments, which weakened the public’s confidence in the industry. Then there is also the small matter of patchy adherence to IMO regulations.

True CSR can only come when an industry punches above its weight, when the minimum levels are exceeded and the collective benchmarks of performance raised. Until shipping pushes ahead with real change, then CSR will remain just marketing guff at the back of a glossy shipping company brochure.

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Bankers Guide

We were very eager to see a copy of a new publication, “Insights into Shipping 2012: A Guide to Shipping Finance in Asia, Africa and the Middle East”, a new guide issued by a leading bank.

Not since Andy Carroll headed his Wembley winner has something so big and bulky with Standard Chartered on its front caused so much excitement.

But like Liverpool’s number nine, does the guide deliver or is it just a big lumbering disappointment? Well, let’s see what the bankers think.

Well according to the report, dry bulk, liquid bulk and containers will continue to dominate world seaborne trade in coming years. The bankers believe that total trade volumes are expected to rise, which is good news for all of us in shipping.

More things moving means more ships, which means more people, jobs and opportunities. So where will these ships be going from and too? Well, overall they feel that China will continue to dominate world trade, with India as a distant follower. Further, the developed economies will continue to be a relatively smaller stimulus to global trade volume.

They also believe that with continued economic reform in Latin America and Africa, world trade looks set to witness considerable changes in the coming years.

So the outlook for the future is that things will still shift from East to West and South to North...but that we will increasingly resent them for it. So no real change there then.

You can see the full report at http://goo.gl/Vh8Ey

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