BOW WAVE 377

Bow Wave Issue 377--Beachcombers Edition

news and views on trade, insurance and risk

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(c)2007 WavyLine.com	Issue No 377 12 Feb 07
Published free of charge to Readers
Editor: Sam Ignarski
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In this issue:

1. Welcome
2. The Month of January 2007 in Marine
3. The Mission to Seafarers’ Triathlon
4. 22nd Marine Ball in Dubai
5. SASMEX Returns with Awards
6. And Finally...

1. Welcome

Poem of the Week

Jack + Judy

She was stuck on him like a three-cent stamp
on a postcard showing a roadside diner
shaped like a hat;
stuck like a stool on a chrome stem
waiting to swivel a customer,
or the naked thigh on a summer day
clinging to the vinyl seat.

He could read her like a two-bit cook
reads a scribbled order
jammed on a spike,
fluttering under the greasy fan;
like egg on a fork between the tines,
or a hot beef sandwich between the teeth.

Together, they're waiting on the night,
halfway between Peoria and Baton Rouge,
where the word OPEN, in red block letters,
hangs under the words, EAT HERE,
spelled out in perfect blue.

Doreen Fitzgerald, from Cake: Selected Poems

New Readers this week include:-

Master Mariner Patrick Taylor
Underwriter James Harden of British Marine
Brokerom
Anthony Cerchiai of the Generali
Sandy Cheng, MD of Global Cargo International in HK

News of Readers

Mark Carter--once a denizen of your editor's old HK office and lately (very late in fact) heading up the Gard UK's office-- has decided after a few months in office to leave for personal reasons. Our informants suggest the decision was prompted by the immanence of late parenthood and the drawbacks of absentee fatherhood . If this is so one would expect an ex resident of the HK regional scene to have learned a thing or two about the values of the personal and the corporate.

Readers Write

From Derek Luxford of Austrialian solicitors Hicksons:-

Some of you may have seen on tv or read in the papers in the last few weeks scenes of hundreds of people
flocking to a beach in Devon (UK) furiously helping themselves to cargoes washed up on the beach from the container vessel MSC NAPOLI as if there was no tomorrow. The ship has not sunk, it is stranded and most of its cargo (all in containers) is still on the ship. The containers which have ended up on the beach appear to have been washed off the ship accidentally as opposed to being deliberately jettisoned to lighten the cargo. The cargo includes valuable items like BMW motor bikes as well as less attractive consumer goods such as disposable nappies, and chemicals and other dangerous goods. These cargo hunters have been variously called pirates, scavengers, salvors, and lots else besides. Some of them look very professional and others look a bit like Spike Milligan's "Beachcomber" character for those old enough to recall his madcap tv show some years ago.

Who owns the goods ? Can you just help yourself in these situations? Can you keep the goods with or without paying anyone for them? Do you have to tell anyone that you have taken the goods? What would happen if the vessel was stranded off a Sydney beach?

The answer is much the same in Australia as in England due to the prominence of English maritime law and customs in Australia and many other places. The situation is governed by the Commonwealth Navigation Act 1912 and the common law. This is the legal position:

1. No, you can not just help yourself with impunity.

2. The goods still belong to their owner (ie whoever paid

3. You should report your find of the wrecked cargo to the quaintly named Receiver of Wrecks! In practice this may mean the local policeman. If you do this you may in some circumstances be able to obtain a salvage award as remuneration from salving the cargo if it has any marketable value after your salvage efforts. Do not expect much of a reward unless your efforts have involved unusual risk to your own life or property.

4. If you just make off stealthily with what you have picked up on the beach with no intention of returning it to its rightful owner you are a good old fashioned thief and liable to prosecution if you do not return the goods. It's also common law conversion. The insurers of the goods may come after you exercising their subrogated rights. Those people unwise enough to have advertised their beachcombing activities to the world may well find themselves having to invite the Courts to look at ways of expanding defences such as "I was just trying to give the bike a decent home guv' till the real owner came along, and no, I have no idea why it appeared on ebay".

5. You can always buy the goods from their true owner on a "salvage" basis which will give you a bargain and good title as well as showing you are a good citizen. I can see lots of people rushing to the owners can't you? However the scavengers are not pirates. Piracy involves boarding a ship at sea with violence;

6. Best to do it quietly at night and keep quiet later is the lesson for the beachwise.

7. If the ship is not floated free or otherwise moved fairly soon then the Government will give its owners a Wreck Removal Notice to move it to stop it being a menace to navigation, the environment etc; big penalties apply if it is not moved pronto.

8. Ships are usually insured for wreck removal liabilities as well as for loss and damage to cargo and damage they cause to third parties and their properties. in these situtions the shipowner will usually arrange to have salvors attempt to salvage the ship and cargo as quickly as possible to prevent further loss and damage to everyone concerned including the environment. After the salvage is completed the parties try to sort out their claims as to who owes who how much for salvaging the ship and cargo and for causing the loss and damage in the first place. Sometimes these claims are resolved amicably and sometimes they end up in court or arbitration.

Watch out for any Transport and Trade team members bearing any articles looking suspiciously waterlogged.

Contact Derek at:-

Derek.Luxford@hicksons.com.au

Note from the Editor

This edition of Bow Wave is full with the events of the industry in months to come. At present we are observing the market rituals of the P&I renewal season upon which we will report in the coming weeks.

Will it be another year when the market grew by a further 5 per cent unknown to shipping statisticians?

Enjoy!

2. The Month of January 2007 in Marine

Jason Copland writes:-

Happy New Year to everyone, despite the stormy start with ice storms in the US and hurricanes in Europe, may 2007 prove to be a successful Marine year for all.

With the onset of severe storms in Northern Europe and resulting casualties, much press attention was dedicated to the events unfolding with the saga of the "MSC Napoli".

Jan 1 Apart from being the official start of the year for many people (and a day's holiday!) this date marked the end of the tariff market for non-life business in India. This could mean the end of cross subsidisation of lines of business and a pick up in marine rates in the long term

Jan 8 14 survivors from the sunk Indonesian ferry "Senopati Nusantara" rescued from life boat after nine days adrift, found some 310 miles from the sinking location

Jan 9 "USS Newport News" submarine collides with Japanese oil tanker " Mogamikawa" in the Straits of Hormuz. No injuries reported. Full details here:

http://www.marinelink.com/Story/ShowStory.aspx?StoryID=205573

Jan 11 Fairplay publishes an article on marine rates and threats following Iran's threat to close the Straits of Hormuz in the ongoing nuclear energy dispute - provoking reminders of the Tanker War in the Iran - Iraq conflict of the 1980's

Jan 11 Looking for a change in career? Thursday's "Insurance Day" is the one to read with a position for head of Marine offering a six-figure salary - that's sterling six figures! time to polish up the resumé. Jan 12 Insurance Day reported that the Scheme of Arrangement for Andrew Weir Insurance Company Ltd ceased on 20 December bringing to end the slow
demise of this company.

Jan 12 Bulker M/V "Server", Dainave Navigation, runs aground near the island of Fedje and subsequently splits apart - expected ATL with a hull value rumoured to be US$ 9 million. Oil clean-up and containment works in progress.

Jan 17 Atrium launches new Space vehicle - Atrium Space insurance Consortium to write, .... space risks

Jan 18 that six figure salary job is still up for grabs....

Jan 19 Storm warnings issued amidst reports that a containership has sunk in the English channel, rescue services picked up the 26 crew after they abandoned the 62,000 tonne "MSC Napoli" - more on "Napoli" to come....

Jan 19 Many feared dead after Indian boat capsizes on the Krishna river.

Jan 20 Hurricane force winds of "Kyril" sweep across Europe leaving a wake of destruction. Deutsche Bahn suspended all services nationwide and "severe" damage reported to the brand new Main Station in Berlin Rail and Air services severely disrupted

Jan 21 As with Oscar Wilde, the reports of the demise of the "MSC Napoli" were exaggerated - the vessel did not sink and after towage attempts were discontinued amidst fears of the vessel breaking apart, she was deliberately beached off Branscombe in south England.

Jan 22 Maritime and Coastguard Agency confirms some 158 containers from beached "MSC Napoli" have fallen overboard and around 40 have been stranded on the beaches.

Jan 22 Dockwise appoints Smit Salvage to raise the "Mighty Servant III" laying in 53 metres of water off Luanda.

Jan 22 Fancy a cruise in Abu Dhabi? The Abu Dhabi tourist department hires two cruise ships as floating hotels.

Jan 23 Scenes reminiscent of "Whisky Galore" as local (and some not so local) residents turn out and work through the night to assist in the "salvage" of goods from "MSC Napoli" washed up on the beaches. Headline pictures of brave citizens wheeling away brand new BMW motorbikes and other paraphernalia including exhaust pipes, steering wheels and beauty creams, ladies shoes and nappies. Clearly arrests will follow.

Jan 23 Nakilat will reportedly invest US$ 11 bn to become the largest owner of LNG/LPG tankers planning to acquire 60 ships by 2010 - per ship capacity to be between 210,000 and 270,000 cubic metres - that's a lot of gas.

Jan 24 Volkswagen South Africa gets an unexpected 4 week holiday as works forced to stop pending arrival of parts currently on board "MSC Napoli"

Jan 25 Daiwoo Shipbuilding announces it has won a US$500 m contract to build 5 4,700 TEU Container vessels for Hamburg Sued, to be delivered by 2010.

Jan 25 Pacific Gulf Marine ordered to pay US$ 1 million fine for deliberate acts of pollution involving "magic pipes" by-passing the bilge oily water separators

Jan 26 Dickensian Hulks to re-appear? British Government reportedly in discussion to buy two prison ships to ease prison overcrowding. Jan 27 What's the half-life of a vessel? NS "Savannah", (launched 1962) the US' first nuclear powered commercial vessel and historic landmark vessel to eventually enter dry-dock for decommissioning of its reactors - all fuel removed 30 years ago - story here:

http://www.marinelink.com/Story/ShowStory.aspx?StoryID=205779

Jan 28 M/V "Sierra Neva" blown onto the beach south of Algeciras and leaks oil on protected beaches.

Jan 29 Containers start to be unloaded from the "MSC You know the name by now" as the vessel continues to settle by the stern and shows signs of hogging

Jan 31 China contributed 14.52 m dwt of newbuilding in 2006, almost one fifth of the world total. Full story here:

http://www.marinelink.com/Story/ShowStory.aspx?StoryID=205821
Jan 31 In an official statement "The Sea Launch Zenit 3SL vehicle,...experienced an anomaly today during launch operations". This translates as massive explosion as rocket exploded during launch. Minimal damage to launch facilities and thankfully no casualties resulted. The rocket and cargo are scrap. (plenty of videos of this incident on the web for those interested).

Jan 31 "MSC Napoli" - 60% of oil reported removed from vessel, 57 of the missing containers now accounted for, container unloading operations continue.

3. The Mission to Seafarers’ Triathlon

Thanks to Mike Porter for passsing this one along: The Making Waves: Challenge 2007 triathlon is a sponsored event to help the Mission continue its worldwide care of seafarers. It is intended to be a fun social occasion for all the family as well as a networking opportunity.

You don’t have to be a super-fit athlete to take part in the triathlon, which consists of a 300m pool swim, a 15k off-road cycle ride and a 5km off-road run. You can enter as an individual and complete all three activities, or form a team of three with each member completing one of the elements. Anyone aged 15 or above on 31 December 2007 can take part.

The triathlon will be held at the Waterside Farm Sports Centre on Canvey Island, Essex, on Saturday 2 June 2007 at 3.30pm.

Lloyd’s List newspaper is the lead sponsor for the event which is expected to attract much support from the maritime industry. It will be registered by the British Triathlon Federation.

Mike Porter, managing director of events and training products at Informa Maritime Transport, suggested a sponsored fundraising triathlon after requests to organise one for the maritime industry. He is chairman of the Making Waves committee set up to organise the Mission’s triathlon and will be competing in the event.

Mike, who is active with the East Essex Triathlon Club, says: "What an excellent opportunity to get fit, raise money and race against the clock or your friends."
Among the committee members are: Julian Bray, editor of Lloyd’s List, Richard Fuller, chairman of the East Essex Triathlon Club and a keen triathelte who competed for Great Britain in the World Long Course Duathlon Age Group Championships; Chris Preedy, Associate Director-Marine at Miller Insurance Services Limited, whose 15 year-old daughter has been a triathlete since the age of nine at the East Essex club, and Ed Andrews, group advertisement manager at Informa Maritime, who, since starting sprint triathlons in 2000, plans to progress to full Ironman distance in 2008.

A standard triathlon is made up of a swim, followed by a cycle ride, followed by a run. Competitors race against the clock, which starts as they enter the swim and stops as they cross the finish line after the run.

In the Mission contest, prizes will be awarded in a number of categories, including fastest male and female individual, fastest male and female over 50, fastest team and fastest company.

To enter the Making Waves: Triathlon Challenge 2007, download a registration pack from the Mission’s website

http://www.missiontoseafarers.org

and return all forms and registration fees to Lucy Gregory, The Mission to Seafarers, St Michael Paternoster Royal, College Hill, London EC4R 2RL The registration fee is £22 for individual entrants and £51 for a team of three. Members of the British Triathlon Federation pay £20 per individual and £45 for a team of three.

4. 22nd Marine Ball in Dubai

Kevin Leach-Smith the Branch Secretary of the NI UAE Branch writes:-

friday 09 March will see the 22nd Marine Ball hosted by the Nautical Institute UAE Branch at the Hyatt Regency Hotel, Dubai.

The branch committee, ably lead by Captain Duncan Mckelvie, FNI, are currently hard at work to ensure the success of this black tie evening which has become one of the main events in the calendar of the Dubai Marine Community. A full house of some 700 branch members and guests are expected to attend. The theme this year is ‘The Creekside’ and the branch are delighted to have secured the services of Bow Wave's editor, Mr Sam Ignarski as principal guest.

The prime focus of the event will once again be fund raising through a series of auctions. Over the past four years more than US$ 175,000 has been raised and distributed to a number of good causes including the Mission to Seafarers, the RNLI, Mercy Ships, Wheelchairs for Kids, Al Noor Special Needs School and a Sri Lankan Tsunami Fishing Boat project.

Contact Kevin at:

Tel (Direct): +971 4 3123315

Tel (Mobile): +971 50 4550597

kevin.leachsmith@aramco.com

5. SASMEX Returns with Awards

Paul Gunton, managing editor of Fairplay Shipping Weekly writes:-

Our sister magazine Safety at Sea International is re-launching its Safety at Sea and Marine Equipment Exhibition (SASMEX) on April 24-25. It will take place in Brighton.

Bow Wave readers may find the seminar programme particularly valuable and speakers include Neil Ferrer, Acting Chairman of the IMO's Maritime Safety Committee; Keith Tatman, Head of Risk Analysis & Prevention at the UK's MCA; Andreas Chrysostomou, Chairman of IMO's Marine Environment Protection Committee and Pottengal Mukundan, Director of Commercial Crime Services at the International Maritime Bureau. There will be four seminar sessions over two days, covering Evacuation Systems, Security, Regulation and Training & Education. Each session can be bought separately for just
£90 and there is a discount rate if you book by March 2nd. There is also some stand space available if you are quick.

Full details can be found at:-

http://www.sasmex.com

or by emailing Nigel Dickson, events manager at Lloyd's Register-Fairplay, at:-

nigel.dickson@lrfairplay.com.

An awards scheme is being run alongside the event, recognising advances in safety equipment, systems, management/operations and training. Full details and an entry form can be found by choosing 'Awards Dinner' from the event's homepage. Closing date for entries is March 23rd and winners will be announced at the dinner on April 24th.

6. And Finally...

Many thanks for this one to Phil Pearce who works at the UK Road Haulage Association's helpdesk

A real man?

A normal 30 something, having split from his latest girlfriend, decided to take a vacation. He booked himself on a Caribbean cruise and proceeded to have the time of his life, that is, until the ship sank. He found himself on an island with no other people, no supplies, nothing, only bananas and coconuts.
After about four months, he is lying on the beach one day when the most gorgeous woman he has ever seen rows up to the shore. In disbelief, he asks, "Where did you come from? How did you get here?"

She replies, "I rowed from the other side of the island. I landed here when my cruise ship sank."

"Amazing," he said. "You were really lucky to have a row boat wash up with you."

"Oh, this thing?" explains the woman. "I made the boat out of raw material I found on the island. The oars were whittled from gum tree branches, I wove the bottom from palm branches and the sides and stern came from a Eucalyptus tree."

"But, where did you get the tools?"

"Oh, that was no problem," replied the woman. "On the south side of the island, a very unusual stratum of alluvial rock is exposed. I found if I fired it to a certain temperature in my kiln, it melted into ductile iron. I used that for tools and used the tools to make the hardware."

The guy is stunned.

"Let's row over to my place," she says.

After a few minutes of rowing, she docks the boat at a small wharf. As the man looks to shore, he nearly falls off the boat. Before him is a stone walk leading to an exquisite bungalow painted in blue and white. While the woman ties up the rowboat with an expertly woven hemp rope, the man can only stare ahead, dumb struck. As they walk into the house, she says casually, "It's not much but I call it home. Sit down, please.

Would you like a drink?"

"No! No thank you," he blurts out, still dazed. "I can't take another drop of coconut juice."

"It's not coconut juice," winks the woman. "I have a still. How would you like a Pina Colada?"

Trying to hide his continued amazement, the man accepts and they sit down on her couch to talk.

After they have exchanged their stories, the woman announces, "I'm going to slip into something more comfortable. Would you like to take a shower and shave? There is a razor in the bathroom cabinet."

No longer questioning anything, the man goes into the bathroom. There, in the cabinet, a razor made from a piece of tortoise bone. Two shells honed to a hollow ground edge are fastened on to its end inside a swivel mechanism.

"This woman is amazing," he muses. "What next?"

When he returns, she greets him wearing nothing but vines, strategically positioned, and smelling faintly of gardenias. She beckons for him to sit down next to her.

"Tell me," she begins suggestively, slithering closer to him, "We've been out here for many months. You've been lonely. There's something I'm sure you really feel like doing right now, something you've been longing for?"

She stares into his eyes. He can't believe what he's hearing.

"You mean...", and he swallows excitedly and tears start to form in his eyes.........

"Don't tell me you've got Sky Sports"

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