Investigating Shipping Pollution Violations

Pacific Module 12 Vessel boarding and onboard Investigation

Aim

• Describe the steps to be taken prior to boarding and the required elements of a detailed investigation

Onboard Investigations Overview

• Document the primary investigative tools required for the collection of vessel pollution evidence – Steps to be taken prior to boarding– Required elements of a detailed inspection

Authority to Board

• National/domestic legislation• Awareness of security arrangements and

appropriate authorisation to enter the port• Investigators should be authorised or

appointed under the legislation

Powers of Authorised Officers

• Go on board with assistants & equipment necessary, undertake inquiries, inspections searches, seizures, arrests etc

• Inspect & test any machinery or equipment• Open & inspect any hold, bunker, tank etc• Require production of documentation• Make copies of documentation• Require Captain to certify copies of

documentation• Take samples

Basis for Investigation

• Detection of violation• Onboard investigations important process to obtaining

further evidence where there are clear grounds that a vessel has violated pollution laws

• Time critical• UNCLOS provisions• Domestic law provisions

– Search warrant or court order required (?)– Powers of authorised officers– Security

Investigation team

• Utilise various expertise– Police– Port State Control officers– Marine surveyors/engineers– Environment protection officers– Computer technology experts – Interpreters etc

Boarding the shipIdentification and

security

Preparation prior to boardingPreparation prior to boarding

• Ship arrival information• Port Authority, Maritime/Transport

Department, Customs• Crew list• Estimated time of arrival• Berth• Offshore anchorage• Other information about the vessel • Do NOT advise Vessel Agent

Investigations Plan

• Identify all evidence required• Roles of investigation team• Integrity of evidence• Chain of custody• Inspection Equipment• PPE• Clothing• Food - Water

Pre-Boarding Briefing

• Conduct a clear, concise and comprehensive briefing prior to boarding to ensure that all team members understand their roles and responsibilities and to ensure that all necessary equipment is on hand and in good working order

• Team leader relays all relevant information re: communications checks, emergency procedures etc. to establishing and maintaining a safe level of general ship board security

Getting Onboard

Plan on a long day!

Aspects of Onboard Investigation

1. Investigation of Certificates

2. Investigation of Record Books and other documentation

3. Detailed inspection of Engine room• Operating equipment• physical evidence• sampling

4. Interview crew members

Contemporaneous notes

• Ensure that all investigation officers maintain comprehensive notes of their roles and all activity

• Investigators will be required to provide written statements of their involvement in the investigation

• May be handwritten • Photographs and video footage should also

be taken of all relevant areas

Obtaining Shipboard Documentation As Evidence

• Originals – best evidence• Certified copies• Electronic documentation – hard drive• IMO MSC-MEPC.4/Circular 1 “Retention of

original records/documents onboard ships”• Maintain custody/control of documents

once taken as evidence• IMO requirements for documentation and

records

Ship documents essential for any

offence

• Certificate of Registry• International Safety Management ISM

Certificate/Manual• Official Log Book• Deck Log Book• Crew List• Master’s qualification• Master’s passport

Documentary Evidence

• Engineering Documentation1.Engine Room Log

2. International Oil Pollution Prevention Certificate (IOPP)

3.Oil Record Book Part I (Part II oil tankers)

4.Shipboard Oil Pollution Emergency Plan

5. Incinerator Log

6.Vessel diagrams – piping, tanks, equipment

Testimonial Evidence

• Interviews of crewmembers– Investigator’s notes– Documented in report

• Statements from crewmembers– Relevant officers and ratings

Physical Evidence

• Maintain custody• Photograph• Tag/label• Packaging • Prevent cross-

contamination • Inventory

Photograph’s and Video

• Photograph everything as found

• Overall and close up

• Comparison scale• Photo Log

Bypass pipe

Seized pipe

Overall with scale

Engine Room Inspection

Documentation Assessment

The documentation collected should be examined in detail including:

• Analysis of all waste streams to determine content, volume, method of storage, capacity for storage, treatment and disposal, and estimated cost

• Analysis of waste disposal records• Comparison to volumes purchased• Scheduling of routine maintenance• Identification of equipment and procedures necessary to

maintain systems and account for aging• Examination of Logs for recording waste streams and oil to sea

interfaces• Identification of procedures for routine use of bilge/ballast

crossovers and blind flanges• Discovery of any communication between shore management

and line engineers and lower level crew members• Identification of environmental component in routine shipboard

and safety meetings

Engine Room Inspection

• PSCO Familiarity with General Arrangements Drawing or Plan

• Engine room and machinery spaces• Designated Responsibilities within

Engineering Department• Remember that crew will have cleaned

areas prior to arrival in port• Take photographs and video footage

Equipment Inspection

• Oily water separator• Oil content monitor• Overboard discharge valve• Incinerator• Crew demonstrates familiarity with

equipment/operation

Signs of Unsatisfactory Maintenance

• Chronic water and oil leaks

• Lack of maintenance or repair

• Accumulation of rubbish

• Frayed or disconnected quick-closing valve wire

Signs of Unsatisfactory Maintenance

• Dirty decks, tank tops and bilges

• Corrosion of piping systems, frame members, machinery foundations

• Catch pans under leaking systems

Signs of Concealment of Violations

• Fresh paint• Bolt heads without paint• Hoses or pipes with flanged ends• Visible traces of oil consistent with

discharge

Modifications

Questions?