hip-source Oil Pollution Fund

3.80 BCP Carrier #17 (2001)

The local CCG ER officerfu·st advised theAdmini trator ofthls _incider�t. On October 3, 2001, this 279 gross ton, Canadmn regr teredwooden barge, built in 1943, sank in Ladysmith harbour, British Columbia. The barge had orne 2,300 litres ofdiesel and some 1,100 litres of hydraulic oil in tanks and equipment aboard. The CCG officeroutlined the options available to the CCG to deal with the situation. It was stated that thebargewas in poor condition and that it may break apart iflifted.

The CCG responded, booming the site, employed diver to plug thevents,andremoved the loo e oil thathad collected in the booms. The barge, itself, was not visible from the surlace.The SOPFengagedcounselanda surveyor. The LadysmithTown council became involved. Thebarge had sunk in a BCCrownwater lease.

The reported owner stated he would fax an action plan to the CCG but in the meantime, as a precaution that agency obtained quotations to remove the pollution threat. On October 22, 2001, the owner advi ed the CCG that he was unable to handle the ituation. The CCG tasked a contractor to raise and remove the wreck. The CCG continued their monitoring ofthe site. A local beach, with minor pollution, wa cleaned-up.

Preparations for salvage began on November I, 2001, with the barge being partially floated on ovember3 and pumped dry on ovember4, 2001. Pump were u ed to keep the barge dewatered. The barge was confirmed as being in poorcondition. The salvor removed much of the pollution threat, including taking out the fuel tanks, before moving the barge to theirprerni e fordismantlin and disposal. Thebar·gewas brought to the alvors premises in Ladysmith on November 17, 2001, and dismantling was completed by November 20, 2001.

The CCG Claim Status report of December 31, 2001, notes that the incident will be the subject ofaclaim by that agency.

3.81 Ocean Venture 1 (2001)

Crown counsel forthe CCG advised theAdmini trator ofthis incident on October 24, 2001. This is a 5,955 gross ton cargo ship, registered in Panama. On October 5, 2001, a strong smell ofdiesel oil was noted in the Pmt ofRimouski, Quebec. Oil wa found on the water near to the Ocean Venture 1. Contractors were employed to clean-up the spillage and some 6,060 litres ofoily water, estimated to contain some 1,000 1irr·es ofoil, together with 16 barTels ofdebris were collected. The clean up was completed in one day, the same day as the spill was found. It was statedthat, over a similar· period, the vessel had changed ownership.

TheCrown presented the CCG's claim to the SOPFto recover theircosts and expenses in the incident, amounting to $13,237.81. The Administrator received the claim on November 28, 2001, and wrote to the registered owners in Panama on November 29, 2001, submitting acopy ofthe claim. He requested the owners to settle directly with the rown. TheAdmini�trator advi ed the owner oftheir responsibilities under the Ml.A and noted that the debt would follow the ship, even ifsold.

Noreplywasreceived from any entity admitting owner hipofthe hip.TheAdmini trator inve tigated and asse ed the claim, finding $13,090.65 established a<; at December 17, 2001, and invited furthercomments fromCrown counsel. With winterfastapproaching, the crew left the ship on December 18, 2001. The ship's agent was unabletoobtain any money fromthestated owner and unable totake any action. The hip, without heator lighting appeared to beabandoned.Another problem wasthat the Ocean Venture 1 was loaded with baggedcoar e alt andthere was adi pute over acceptance ofthe cargo.

The SOPFappointeda urveyor. It was decided that governmentagencie had to actbecau e, among other matter , thedamagewhich could becau ed to the hip by the freezing condition TCM employed contractor to upply the hip with electricity from hore andemployed ecurityguard

Crown coun el replied to theAdrnini tratoron February 27, 2002, offeringju tification forthe CCG co not establi hed by theAdrnini trator in hi fir t review. Thi rational was accepted by theAdrnini trator, who then arTanged on March 22, 2002, to tran fer 13,195.01, plu $383.01 intere t, to DFO (CCG' ) account. The i ue of Schedule 13 admini tration fee wasagreed to remain out tanding pending further inve tigation by the Admini tratorandre olution with the Crown.

The Admini tratorawait development concerning the ve el with re pectto po ible recovery action pur uant to ection 87 Ml.A.

3.82 Rivtow Lion (2001)

Thi i a561 gro ton Canadian teel tug, built in 1940. The tug, previou lypartofthe fleet ofthe well-known We tCoasttowingcompanyi no longerowned by them. ACCG Statu report advi ed theAdmini tratorthat, on ovember6, 2001, an oily heen was ob ervedcorning from thetugas hewasmoored in an urn a.JTOW Maple Bay. Maple Bay i ituated on the SE coast of Vancouver I land, a few mile outh ofCrofton.

The owner authorized acontractor toboardthe tug to �se _ s theco t ofremedying the ituation, orremo e the i.JqUlds aboard Therewa acon iderable amount ofoil in the tug. The causeofthe oil spilling o erthe ide was becau e the tug, generally in poorcondition had a filler pipetoalubeoil tankru tedthrough, uch that rain entered the tankandthe oily watercontents,eventually, overflowed mto the vessel and al o into the sea.

The owner requested the contractor to take whatever act10 _ n was necessaryto comply with CCG reqUlrements.

Ship-source Oil Pollution Fund

B ovemb r 9, 2001, it appeared that the owner \l ould not take the immediate action required, in luding accepting financial re pon ibility, so the 0 " a forced to act. The CCO contracted forthe r mo aJ ofthe content from the overflowing oil tank. t the time, the Rivtow Lion was moored to an abandoned fi h farm structure, a mooring not con idered ecure. The CCO then arranged for the tug to be towed to apropermo01ing buoy in Pallicia Bay.

The dmini tratorappointed counsel and a surveyor, to actfor him. The CCO obtainedquotationsforthe removal ofthe potential forthe oil pollution and contractedwithacompany in Ladysmith, Btitish Columbia.Thecontractorthen tartedtheconsiderable taskofmakingthe tugoil-free. On February 7, 2002, the contractor advi edthatthey had succe sfullyemptied thetugofwa te products andcleanedthe hull; they stated they had removed 23,154 litre die el, 1 1,889 litres waste oil and 9,100 litresofoily water. However on March 21, 2002, the SOPFwas advised that notall oftheoil had been removedtothe atisfaction oftheCCG

On March 22, 2002, the CCO ER officer, a surveyor acting forthe CCG, and the SOPF urveyor made a i it to the tug.

At the end ofthe fi cal yearit wa tated thatoil wa still being removed from the Rivtow Lion, that there wa "no new " from the ownerand that the ceo was con idering option for di po al ofthe ve sel.

3.83 Reed Point Marina (2001)

3.15 in thi Annual Reportgi e detail ofa fire which broke out on October 16, 1999, and de troyed pleasure craft in the Reed Point Marina, ancouver harbour, Briti hColumbia. Another, irnilar, ftrebrokeout in the marinaduring the earl hour on ovember 7, 200I. In thi late t incident three boat hou e and three pleasure craft were in ol ed. Afireboat from nearby Port Moody and a frre truck re ponded, extingui hing the fire.The VPAformally handedoverthe role ofOSC to theCCO the arneday.Contractor and CCO equipmentwereu ed tocontain and recoverthe oil on the water.

The Admini trator appointed lo al coun el. It wa e timated that potential pollution wa between 2,000 and 8,000 litre ofdie el. The CCO took oil ample . The CCO Claim Statu report for December 31, 2001, note that their re pon e will be the ubject ofaclaim.

3.84 Duke (2001)

ACCOStatu report advi ed theAdmini tratorthatthi US regi tered fi hing ve el ran agroundon ovember8, 200I, in EdyePas , Hecate Strait, northern Briti h Columbia. The Duke later ank in orne4 metresof water; the crew was re cued.The wreck wasdeemeda navigational hazard, as well asa threat tothe environment. Die el andhydraulic oil werereleased from the wreck into the Pass. The owner re ponded and made arrangementsto lift the ve el.

Monitored by the CCG, on November 12, 2001, divers pluggedthe vents andthe vessel was lifted and secured alongsideabarge. Thecraftwas then taken toa shipyard in Prince Rupert, northern BritishColumbia, and reported tobe safely alongside on November 13, 2001.

The CCO made arrangements to obtain an LOU before the repaired Duke was allowed to leave Canadian waters. As a result ofbeing keptfully informed by CCO ER Prince Rupert officials, theAdministratorwas able to intervene to ensure his rights were protected. On December4, 2001, a LOU to the amount of $20,000 was signed on behalfofthe owners by, what appeared to be, underwriting agents in Seattle. Normally a LOU is signed on behalfofthe insurers or P&I Club. The Adrninisa·atorappointed local counsel, who arranged for a LOU tobe issued by another Vancouverbased counsel on December 6, 2001. Following receipt ofthis latest form ofthe LOU, the Adminisa·ator indicated he had no objection to the Duke now leavingCanada,although he emphasized he could not speak on behalfofother parties. The Adrninisa·atoralso noted that the CCO had recent positive experience ofthe shipownerpaying ceo costs and expenses promptly.

The CCO ubsequently advised that the shipownerhad paid the Crown's claim in full.

Thi incident illustrates the importanceoftimely communication byCCO ER officials with the Admini tratorand CCO legal counsel respecting the receipt offinancial secUJity before the release ofa ve set involved in an incident. The Adminisa·ator is grateful forthe prompt action by the CCO ER Prince Rupert official in this regard.

The Admini trator clo ed hi file.

3.85 Roxanne Reanne (2001)

Thi wa a 23 gro s ton Canadian woodenfishing ve el, built in 1980. ACCO Status report advised the Admini tratorthat, during a tormon November20, 2001, the ve el broke her moorings and ran aground on avy I land, nearSt. Andrews, New Brunswick. St. Andrew is on the north hore ofthe Bay ofFundy, clo e to the American border. The CCO responded and, on ovember 22, 2001, found that the ve set contained die el and lube oil ; however, to that time no pollution had occurred. The Roxanne Reanne was refloated and towed to St. Andrew public whatfwhere the CCO arTanged for the, approximately, 450 litres ofdie el and 40 litre oflube oil to be removed. The owner was located in Montreal but he stated he had no insurance and took no action.

At the reque t ofthe CCO a marine surveyorexamined the Roxanne Rea1we on November 29, 2001. The vessel was found to be in deterioratedcondition and that the hull as i , where is. could have a maximum value of$1,000.

hip-source Oil Pollution Fund

On December 12, 2001, the CCG moved the ve sel to Bayside, New Brunswick where, on the next day, a contractor commenced demolition. On December 14, 2001, demolition wa completed to the CCG's ati faction and the debris had been transported to an approved landfill site.

The CCG Claim Status Report of December 31, 2001, notes that their costs and expen es in thi incident will bethe subject ofrecovery action.

3.86 Seaspan 112 (2001)

T�i is anotherexample ofa well known company, in this case Seaspan International, selling a vessel to a new owner, and the new owner retaining the original name although not associated with the original owners.

The TSB advisedthat this 505 gross ton Canadian steel barge took a heavy list on November 29, 2001, while alongside at Drury Inlet, near Port Hardy, northern Vancouver Island. The barge had deck cargo including a fuel truck, the fuel truck slid intothe waterwhich the TSB stated, caused some pollution. Thebarge also ' had fuel tanks aboard.

The owners responded and re tored the listin barge to upright on November 30, 2001. By Decembe 4, 2001, through their own resourceful action, the barge owner had retrievedthe truck from the waterand put it ashore. Those on site repOited to the CCG that there had been no pollution a a result ofthis incident.

TheCCG and theAdmini tratorcon iderthe incident closed.

3.87 Pamela-Fallon 1st (2001)

The TSB reported that, on December 1, 2001, this 9 GT wooden Canadian fi hing vessel ank at the public wharfin Port aux Basque , Newfoundland. The ve el was stated to have been fully submergedandthat there was "minimal" oil pollution. The ves el was subsequently raised.

TheAdministratorcon iders it unlikely that there will be aclaim against the SOPF forthis incident and ha closed his file.

3.88 Coastal Express (2001)

This incident was one ofthe more setious casualtie reported to the Administratorforthe year. The Coastal Express was a new 3,230 gross ton Canadian barge, purposefully constructed for a pusher tug/ RoRo (roll on - roll oft) barge service between Vancouver Island and the mainland, including the caniage ofdangerous goods. It was designed so that, normally, a complete roadtractorand trailer would drive on at the loading terminaland offatthe destination.Thetug Seaspan Challenger, in the barge notch, left Nanaimo on December 14, 2001, bound forTilbury Island (Fraser

River). In the Strait ofGeorgia the vessels ran mto gale conditions, with the wind stated to be gusting to 35 knot The tug damaged her pushing connections and began totake on water. The tug came out ofthe notch and, using herbow, tried to hold the bargeoffthe land without succes Later the ame morning, the barge grounded on Carlo Island, a small rock island, to the east ofGabriola I land, off anaimo.

The owners mounted a full re pon e but for a greater partofthe time the weather continued adverse. During the lull in the weather, theowner were able to remove the various oil from thebarge, which they achieved by December 17, 2001. It wa tated that the barge had 47 trailer unit on board, 7 ofwhich contained dangerou cargo and that approximately one third ofthe unit fell intothe sea. December 16, 200 I, the CCGo er flew the grounding ite and ob erved a mall oil heen in the area, which oil wa con idered unrecoverable.

The barge wa badly damaged and declared a Con tructive Total Lo The owner obtained an ocean-dumping permit and, on January 29, 2002, the refloated barge wa towed the few mile to deep water in the Strait ofGeorgia and unk fordi po al. There wa a light oil lick relea ed on inking which, again, wa con idered non-recoverable.

Armed with the knowledge of the owner' action and the limitedre pon e nece ary by the CCG, the Admini tratorcon ider the incident fini hed from the SOPF' per pective, and ha clo ed hi file.

3.89 Sjard (2002)

Canadian are increasingly concerned at oil pill offthe Canadiancoasts,primarilybecau e oftheharmto eabird population, ome pecie ofwhich areon the vergeofextinction. It wa , therefore, ofconcern to the Admini tratorwhen he learned ofthe abandonment of the Sjard, whichcasualtyoccurred January 27, 2002.The Sjard was a 5,753 gro ton Antiguan cargo ves el en route fromLatviato St. John' , ewfoundland, tated to be loaded with wirerodand coil The e el took on waterand was abandoned in hea weathercondition in the Atlantic inpo ition 4 degree 40.6 minute orth and45 degree 01.6 minute We t, approximate) 330 nautical mile east of ewfoundland.

A Spani h trawler afely re cued the mixed nationality crew of 14. The Sjard wasnot een again and i pre umed to have unk. The Admini trator i not aware ofthe amount ofoil aboard at the time of inking.

3.90 Cala Palamos (2002)

ACCG Status Report advi ed the Admini trator ofthi incident. On February 21, 2002, it wa reported to MCTS by the pilot aboard the Ca/a Palamos that there wa oi� on the waterbetween piers 34 and 35, Halifax extendmg out into the harbour The CCG re ponded a?d employe�contractor to contain and clean up the otl. It was estlmated that some 4,300 litres of lubricating oil was involved.

Th . ala Pa/amo i a 14,366gross ton Cyptiot ontamer el and, at thetimeofthe pilot's report, she ' asdepartlng HalifaxforCuba. The TCMS aiTancred for oil amp! tobetaken from the ve sel on her ani�al in Cuba ET February 25, 2002. On March 25, 2002, cow1 el forthe hip's P&I Club provided an LOU to the Crown forthe amountof$100,000.00, which included th SOPFa anamedbeneficiary. TheAdministrator awaitstheoutcome.

3.91 Olga (2002)

Thi wa another off hare pollution incident, which cameto the attention oftheAdministratorthroucrh a meilia report. It wa stated that on February 26,l002 a CCG urveillance aircraft sighted the Olga with oil in herwake, about 80nautical milesoffthecoa tof ewfoundland.The Olga i aRus ianfi hingvessel. When Olga came intoLong Pond, ewfoundJand,on March 13, 2002 she wasboardedby inve tigatorsfrom TCMS andEC CWS. The masterand firstmatewere arre tedby EC peace officer The two ship' officer werechargedforalleged pollution offence underfederal en ironment legislation.Thetwo hip' officer were released aftertwoday andon payment of 5,000.00 bail. Accordingto meiliarep01t , it wase timatedthat ome 78 litre ofoily wasteand fuel had been discharged by the Olga in theob erved incident. The ve el was chargedbyTCforillegally di charging a pollutant in water underCanadianjuri diction,contrruyto pro i ion underthe CSA. Defen e coun el entered a not guilty pleaon behalfofthe officer and the hip' owner anda trial was chedu1ed forDecember2, 2002. An EC official indicated in mediareport that hargingthe officer ofthe e el, in addition toorin teadofthe ownersofthe e el, may be u ed a anenforcementtool in an increased marmerinfuturecase .

TheAdmini tratorawait the outcome ofthe court ca e with intere t but in the meantime ha clo ed hi file.

3.92 Lavallee II (2002)

The Lavallee II was built in 1942 a an American wooden mine weeperbut, latterly, had been employed as a herring einerand then a a herring tran porter. The ve el i 254 gro ton and would, ifoperating, require to be regi tered. At the time ofthe incident she wa on a beach, unregi tered, at Ecum Secum, ova Scotia, where heremainedforthe Ia t 18 month On March 8, 2002, it wa reported that oil wa being relea ed from the ve el into the harbour. The CCG re ponded on the arne day an ab orbent boom wa deployed. It wa found that the, engine-le , engine room wa flooded. The harbour, in ea on, hou e live lobster in cage and upport a rockweed harve t.

TheCCGemployedcontractor whoremoved the orne 10,000 litre ofdie el fromfuel tank insidethe ve el. The hullwasholed.Aprivate urveyoremployedbythe CCGconcluded thatthe ve el had no value. It i being

Ship-source Oil Pollution Fund

proposed that the mosteconomic solution tothe alleged continuingpotentialforoil pollution is tobreak-up the vessel on site. It appearedthat the Lavallee JJ was abandoned, although the nameofan ownerhad been provided and theCCG was attemptingtotracethis person.Thequestion ofbreaking upthevessel raisedthe issueoftoxicityofthepaintaboard,someofwhich was found toexceed Provincial limitsfordisposal in landfill sites.

TheAdministratorawaits the outcome.

3.93 Miles and Sea (2002)

Details ofthe vessel and locality will be found in 3.22. On March 15, 2002, it was reported thatthis vessel had been involved in another incident, similartothe previous one on March 18, 2001. OnMru·ch 15, 2002, the Miles and Sea wasagain rep01ted tobe sinking and spilling oil in Lions Head harbour. TI1eCCGre ponded, foundoil comingfromthesunken hullandcontactedtheowner. Theownersaidhe was unable totakeresponsibility for the re ponse.

TheCCG contractedforthe containment andclean upof theoil. It wasestimatedthatthe Miles and Sea contained 15 to 25 litre oflube oil and 3,500 litres ofdiesel fuel. Theves el hadsunk in a Small Craft Harbour, ownedby DFO, butlea edtothe local municipality.TheDFOwas concernedaboutthe ve sel remaining sunk in Crown prope1ty.

The Admini tratorawait developments.

3.94 Lake Carling (2002)

Thi 17,464 gro ton Marshall Islands bulk ca.!Tier reported on March 19, 2002, that she had experienced a large hull crackamidship on theport side. At the time the ve sel wa some 40 nautical miles northofles lie -de-Ja Madeleine, in the GulfofSt. Lawrence.The ye el wa loaded with iron ore, en route from SeptIle , Quebec, to Trinidad. The CCG developed an oil pill re pan e plan and prepared response equipment. The Lake Carling began totakeon water, which was controlled by pumping. There wa no pollution.

A tugdeprutedtoas i t the damaged vessel. In poor weathercondition the ves el anchored offles lies-deJa Madeleine. TCMS boarded the vessel for inspection and evaluation. Poorweathercontinued and after putting into Baie de Gaspe, the Lake Carling escorted by a tug and aCCG vessel sailed forQuebec City for dry-docking and repair .

The CCG con idered this to be a SAR incident, as oppo ed to a potential pollution incident. A claim again ttheSOPF is unlikely.TheAdministrator has closed his file.