New Development

On January 20, 2006, the Coast Guard published new guidance for the enforcement of MARPOL Annex I during port-state control examinations. See G-PCV Policy Letter 06-01. http://www.uscg.mil/ hq/g-m/moc/pol0601.pdf. This policy letter is intended to provide guidance on inspection and testing procedures to Coast Guard law enforcement officers to facilitate consistent MARPOL Annex I enforcement. The policy letter was prompted by the increasing frequency of criminal prosecutions for non-compliance with Annex I as demonstrated by the letter’s emphasis is on the oil-water separator, the oil content meter, and the oil record book.

Analysis

MARPOL 73/78 entered into force on October 2, 1983. Intentional discharges of oily bilge water and sludge in contravention of MARPOL requirements are a significant and imminent threat to the marine environment according to the Coast Guard. Recent MARPOL Annex I prosecutions have demonstrated that ship operators and crewmembers regularly hide accidental or deliberate discharges of oily waste and sludge, likely as a result of malfunctioning equipment, poorly management maintenance programs, or to reduce operational costs.

The policy guidance is to be used by boarding officers during routine port-state control inspections or when they suspect a vessel of being in violation of the applicable MARPOL Annex I regulations. The new guidance provides for procedures related to:

• Documentation Review
• Vessel Examination and Operational Inspection of Equipment
• Conducting an Expanded Review
• Detention
• Initiating an Investigation

Recommendations

Owners and operators should review these new procedures and consider using them as a checklist for auditing MARPOL Annex I equipment aboard their vessels in order to ensure compliance with applicable requirements. In addition, the policy letter should be required reading for engineers, masters, and shoreside management.

The purpose of this newsletter is to review the latest developments which are of interest to clients of Blank Rome LLP.  The information contained herein is abridged from legislation, court decisions and administrative rulings and should not be construed as legal or investment advice or opinion, and is not a substitute for the advice of counsel or an investment advisor.