PROBLEM: Substandard vessels operating on the River.

The Miami River is vulnerable to the potential safety and environmental consequences posed by substandard foreign flag shipping. In general, a ship is regarded to be substandard if the hull, crew, machinery or equipment used for lifesaving, firefighting, and pollution prevention is substantially below the standards required by U.S. laws or international conventions.

SOLUTION: Targeting of high risk vessels - OPERATION SAFETY NET.

In April 1994 in response to a Congressional mandate, the Coast Guard implemented an initiative to eliminate substandard commercial ships from U.S. waters. The Seventh Coast Guard District, which includes the Miami River, instituted a three-year interim boarding program for foreign flag vessels under 500 gross tons. Many of these smaller freight vessels routinely operate between the Caribbean, Central America, and the Southeast United States. Named "Operation Safety Net," this interim program allowed for continued operation of these vessels so long as they met minimum interim standards and were working toward meeting acceptable international standards or U.S. regulations by the end of three years.

During this same general time frame, a Regional Port State Control System was established in the Caribbean. A comprehensive set of regulations, the Caribbean Cargo Ship Safety Code, was developed as a standard for inspection for vessels under 500 gross tons. This code would provide the first true international standard for freight vessels under 500 gross tons that are flagged in Caribbean countries signatory to the new code. In the Spring of 1997, the Coast Guard Captain of the Port held several "town-meetings" with ship owners, operators, agents and marine surveyors in order to address inspection requirements and the forthcoming enforcement deadlines. The Captain of the Port also attended a meeting of Haitian shipping interests and civic groups which was convened by the then director of the Haitian Port Authority. As a large number of vessels under 500 gross tons operating on the Miami River are Haitian, numerous parties attended to present their views and concerns. These meetings resulted in a meaningful dialogue and understanding between the Coast Guard and the regulated community.

OPERATION SAFETY NET - Statistics Summary For July 1, 1997 - December 31, 1997 Number of vessels given orders to depart (with cargo): 27 Number of vessels given orders to depart (w/o cargo): 14 Total number of vessels given orders to depart: 41 (Of the 41 total, 22 were wooden-hulled, 53%; 36 were Haiti flag; four Bahamas flag; one Belize flag.)

Beginning January 1, 1998, all vessels under 500 gross tons trading with U.S. ports in the Coast Guard's Seventh District must have a flag state Certificate, attesting to compliance with the new vessel standards of the Caribbean Cargo Ship Safety Code. Vessels failing to meet this requirement are denied entry into U.S. waters. The only exception is for vessels with pre-arranged appointments for dry-dock maintenance.

Operation Safety Net has had a dramatic impact on eliminating substandard ships from operating on the Miami River. Many wooden-hulled freighters and former fishing vessels could not meet acceptable standards and are no longer operating in U.S. waters.

On September 1, 1996, 51 foreign freight vessels were on Coast Guard and Customs hold pending resolution of discrepancies. As of January 1, 1998, that figure had been reduced to only 17. Preliminary vessel arrival information also suggests a trend of larger vessels over 500 gross tons engaging in the Haiti/U.S. trade, perhaps in response to the elimination of smaller substandard ships from ability to trade in U.S. waters.

PROBLEM: Incidents due to improper vessel maintenance. On several occasions in 1997, vessels which have lost propulsion or steerage, or which have been without proper anchors, been unable to operate anchor windlasses and machinery, or have failed to maintain an anchor watch have broken free and grounded, resulting in a threat to life, property and the environment. In the past year, two ships which routinely operate on the Miami River grounded on Miami's South Beach. Several other near groundings were narrowly averted as a result of timely notification and prompt action by the Coast Guard and commercial towing operators. Nearly all of these incidents could have been prevented by proper maintenance of ship's propulsion and other machinery, and by following standard practices of professional mariners.

Designated Waterfront Facility Inspections & Discrepancies* 1994/95: 4.0 Avg. per Inspection 1995/96: 1.6 Avg. per Inspection 1996/97: 1.4 Avg. per Inspection Since the QAT formation, the average number of discrepancies found during inspections and spotchecks has decreased by 65%. *Applies to 34 facilities on the Miami River that handle hazardous goods/dangerous cargo.

SOLUTION: Caribbean Cargo Ship Safety Code.

New inspection standards introduced by the Caribbean Cargo Ship Safety Code should help ensure that vessels are more thoroughly examined by flag state representatives. The result should be more timely and better maintenance of those vessels.

Except in cases of emergency, commercial vessels lacking a means of propulsion, electrical power, and/or steerage may not anchor anywhere within the Captain of the Port Zone without the express permission of the Captain of the Port. This requirement applies to all commercial vessels within U.S. territorial waters (three miles). Further, vessels required to anchor in an emergency must immediately notify the Captain of the Port in accordance with Title 33, Code of Federal Regulations, Part 160.215.

Phone: (305) 637-7977
Fax: (305) 637-7949
Email: [email protected]