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Follow-up to Vessel Incidents in Antarctic Waters - Antarctic and by wangnianwu

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                              Agenda Item:      ATCM 10,
                                                   CEP 9
                              Presented by:        ASOC
                                  Original:        English
                                Submitted:      14/05/2012




Follow-up to Vessel Incidents in Antarctic
                Waters




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                           Antarctic Treaty System Follow-up
                         to Vessel Incidents in Antarctic Waters
                                       Information Paper submitted by ASOC1


Abstract
This information paper undertakes a preliminary assessment of reporting following a vessel incident. It
considers the comprehensiveness of reporting on the incident and any subsequent investigation into the cause
of the incident. It also addresses reporting of the extent and impact of pollution arising from an incident, and
the implementation of lessons learned or recommendations arising from an incident via the initial response,
environmental monitoring or subsequent investigation. It identifies a number of shortcomings in the current
system and recommends that the ATCM and CCAMLR address these as a matter of urgency.


Introduction
In the past decade a significant number of vessel incidents have focused attention on operations in Antarctic
waters. One outcome was the introduction of a ban on the use and carriage of heavy fuel oils by vessels
operating south of 60 degrees South. Another is the ongoing development of a mandatory Polar Code. ASOC
has previously raised (see ATCM32_IP034 and DE 53/18/3) the importance of ensuring that lessons are
learned from each incident and used to inform the development of the Polar Code. It is also important to
ensure that the recommendations arising from investigations are followed through and fully implemented.

Investigations should be thorough in terms of the incident and the factors leading to the incident, and should
also address the full consequence of the incident, including pollution occurring as a result of the incident
(either known or the potential for pollution). Where appropriate, monitoring should be undertaken to assess
the impact on the environment.

Recent incidents in Europe, for example the grounding of the oil tanker Sea Empress in West Wales in 1996,
the structural failure of the oil tanker Erika off the west coast of France in 1999, the sinking of the passenger
ferry MS Estonia in the Baltic in 1994, and the structural failure of the container vessel MSC Napoli in the
English Channel in 2007, have resulted in a number of inquiries and reports, leading to significant changes in
operations and regulations at the national and regional levels. Following the grounding and oil spill from the
Sea Empress the Marine Accident Investigation Branch (MAIB) prepared a report into the grounding and
subsequent salvage, and an environmental evaluation committee prepared a report on the environmental
impacts of the oil spill (MAIB, 1997; SEEEC, 1998). Subsequently a review of the power of State
intervention and the command and control of salvage was also conducted by Lord Donaldson (Donaldson,
J.F., 1999) leading to 26 recommendations relating to intervention, compensation, liability, command and
control. Following the capsizing of the MS Estonia with the loss of 852 lives in the Baltic in 1994, a number
of reports into the disaster were published, including the report of a Joint Accident Investigation Commission
(JAIB, 1997) and independent investigation by German experts (Holtappels & Hummel, 1999), followed by
the European Commission publishing a new set of proposed measures aimed at improving passenger ship
safety in 2001. In response to the structural failure of the container vessel MSC Napoli, the MAIB published
a report on the structural failure (MAIB, 2008), while various government departments, agencies and
research bodies were involved in post-incident monitoring of the impact (Cefas, 2007). While following a
series of large oil spills in European waters, but largely in response to the Erika oil spill, the European
Commission produced three packages of measures aimed at improving shipping safety and reducing
environmental damage2.

1
  Lead author Dr. Sian Prior with comments by, James Barnes, Claire Christian, Lyn Goldsworthy, Dr. Ricardo. Roura, Paula Senff
and other ASOC colleagues.
2
  http://europa.eu/legislation_summaries/transport/waterborne_transport/l24230_en.htm
http://europa.eu/legislation_summaries/transport/waterborne_transport/l24242_en.htm

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While recognizing that to date incidents in Antarctic waters have not been on the same scale and that based
on current shipping patterns a large-scale spill of cargo oil or containers is not a possibility, ASOC suggests
that Antarctic parties can learn from these incidents, and should review the adequacy of:

    •    response to incidents,
    •    pollution monitoring arising as a result of an incident and pollution impacts,
    •    investigations of incidents, and
    •    implementation of recommendations from incidents.


Recent incidents involving vessels in Antarctic waters
Table 1 (Annex 1) provides a list of incidents that have occurred in the past 6 years in Antarctic waters
involving a range of vessels including cruise ships, fishing vessels and yachts. It identifies the nature of the
incident and, where it is known, if pollution occurred as a result of the incident. Several of these have
resulted in loss of life, while others could easily have done so.


Reporting on incidents – response, monitoring, investigation and implementation
Although the responsibility for incident response, monitoring of pollution, investigation into an incident and
the delivery of recommendations arising from the investigation lies primarily with the Flag States, Antarctic
Treaty Parties (ATPs) also have responsibilities placed on them by the Environmental Protocol to report to
the ATCM following an incident, including on emergency response action and on the outcome of monitoring
to assess the extent and impact of pollution. Based on the Protocol’s environmental principles (Article 3) and
requirements for cooperation (Article 6), compliance and notification (Article 13), emergency response
action (Article 15) and annual reporting (Article 17), ASOC submits that ATPs should be reporting to the
ATCM on all aspects of a vessel incident – the initial incident and consequences, extent and impact of
associated pollution (when pollution results), monitoring programmes established to determine the impact of
pollution, investigations into the incident and subsequent efforts to implement recommendations arising from
investigations.3 The ATCM should consider the reports and determine if any further action is necessary.

ASOC has analyzed the follow-up to a number of recent incidents, focusing in particular on reporting on the
incident, environmental response and monitoring of impact, subsequent investigation, and implementation of
recommendations arising from the investigation (See Annex 1, Table 2).

Of the submissions analysed a number reported on the response to the incidents. For example XXX ATCM
IP 40 submitted by New Zealand in response to the fire on board the Japanese Whaling Vessel Nisshin Maru,
XXXI ATCM IP121 on the Fram incident and XXXIV ATCM IP59 on the grounding of the Polar Star both
submitted by Norway. Very few, however, reported on an investigation into the cause of the incident and
provided information on recommendations resulting from an investigation. A notable exception was a paper
submitted by Belgium, which was neither the flag state nor the permitting / licensing state, on the report by
the Liberian flag on the sinking of MS Explorer (XXXII ATCM IP120). This report is the official
investigation into the sinking of the Explorer from the Liberian Commissioner of Maritime Affairs and
includes eleven recommendations covering:

    •    competency training,
    •    carriage of immersion suits for all passengers and crew,
    •    partially enclosed lifeboats,
    •    documentation and training of expedition staff as vessel crew,
    •    revision of procedures with respect to gauging records,



http://www.seas-at-risk.org/n3.php?page=132
3
  For a further discussion of reporting after environmental damage, see IP 57 (submitted by ASOC to ATCM XXXV), Repair or
remediation of environmental damage.

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    •   minimum requirements for deck and shell plating thickness for all ice class vessels, and survey
        procedures,
    •   abandon ship procedures,
    •   crowd control procedures,
    •   drilling and training in lifeboat engines,
    •   procedures for emergency briefings, and
    •   development of crisis management plans.

There has not been a report updating the ATCM on progress in implementing these recommendations.

Another notable report was submitted by Norway, the flag state, following the M/S Nordkapp incident (XXX
ATCM WP37 rev. 1). The report covers both the incident and the spill of diesel, the only report to address
the response to and impact of pollution arising from the incident. It highlights a number of issues that “will
require further evaluation and consideration in the months and years to come”, including the need to:

    •   consider what types of equipment are appropriate for handling different types of fuel spills in
        Antarctica,
    •   consider whether there is a need to strengthen legal requirements relating to the use of response
        equipment and competency in using it,
    •   continue to address the HFO issue,
    •   consider and discuss advantages to developing a common incident response strategy framework
        within the ATS,
    •   consider and discuss advantages in developing a common incident response strategy framework
        within the ATS, and
    •   consider and discuss advantages of developing a common incident information exchange strategy
        framework within the ATS.

Again there has not been a report updating the ATCM on progress in implementing these recommendations.

ATCM XXXI IP52 reporting into the main engine failure of FV Argos Georgia in the Ross Sea on 24
December 2007 by the United Kingdom and XXX CCAMLR BG 34 following-up on information regarding
the capsize and loss of the Insung No.1 by Korea both address incidents relating to fishing vessels and both
make a number of lessons and / or recommendations including:

    •   the need for contingency planning in respect of mechanical spares, provisions,
    •   risk assessment in relation to pairing / buddying of vessels or operating a vessel on its own,
    •   the need to be fully prepared for harsh weather and all shutters on the sides of vessels to be closed
        when not operating,
    •   the need for safety-related materials to be available in languages that all crew members can
        understand,
    •   proper emergency training to be provided to all crew, and
    •   the need for rescuing people in the water to take priority over those on boats.

In reviewing the United States’ Report on Inspections undertaken in 2006, it was noted that the Captain of
the M/S Explorer had informed the Inspection Team that a seam in the forepeak of the vessel had been
opened following a big growler strike during the previous season’s passage through the Lemaire Channel.
The strike caused damage and a leak resulted from a ballast tank. The ship was subsequently repaired in
Ushuaia (US Department of State, 2006).

Concluding remarks
From a preliminary assessment, it is apparent that for a considerable number of the incidents that have
occurred in the past six years, there has not been a report submitted to either the ATCM or CCAMLR on the

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incident. Of the papers that have been submitted, very few reported on the cause of the incident and the
findings of any investigation carried out. In only one case was there any attempt to report on pollution that
occurred during the course of the incident, although pollution is likely to have resulted from at least 6 or 7 of
the incidents. In addition, it appears that there has been no monitoring of impact of pollution in the vast
majority of cases where it occurred. Finally, when an incident has been reported to the ATCM and / or
CCAMLR, there has been no reported follow up on the implementation of the recommendations arising. This
preliminary assessment indicates that there are a number of gaps in the reporting effort.

As a result, at ATCM XXXV ASOC calls on Antarctic Treaty Parties to adopt a Resolution addressing the
need to:

    •   remind ATPs and flag states of the importance of reporting on incidents, environmental monitoring
        and investigation, so that the full impacts can be assessed and so that lessons can be learnt and
        applied,
    •   reiterate the importance of thorough investigation of incidents, so that lessons can be identified,
    •   review environmental response to vessel incidents, and
    •   require follow-up reports to review progress on delivery and implementation of recommendations to
        be submitted to ATCM, and when appropriate to CCAMLR.


References

ATCM 32_IP034 Managing Antarctic vessels – Avoiding future disasters. Submitted by ASOC.

Cefas, 2007. Environmental monitoring conducted in Lyme Bay following the grounding of MSC Napoli in
January, 2007 with an assessment of impact. Sci. Ser. Aquat. Monit. Rep., Cefas, Lowestoft, 61: 36pp.

DE 53/18/3, 20 November 2009. Shipping management issues to be addressed. Submitted by FOEI, IUCN,
IFAW and WWF.

Donaldson, JF, Command and control. Lord Donaldson’s review of salvage and intervention and their
command and control, London: The Stationary Office, 1999.

Holtappels, P., Dr & Hummel, W., Captain, 1999. Investigation Report on the capsizing on 28 September
1994 in the Baltic Sea of the Ro-Ro Passenger Vessel MV Estonia.

JAIB, 1997. Final Report on the MV Estonia disaster of 28 September, 1994. Joint Accident Investigation
Commission of MV Estonia and Edita Ltd. Helsinki.

Marine Accident Investigation Branch, 1997. Report of the Chief Inspector of Marine Accidents into the
grounding and subsequent salvage of the tanker Sea Empress at Milford Haven between 15 and 21 February
1996. The Stationary Office, London.

Marine Accident Investigation Branch, 2008. Report on the Investigation of the structural failure of MSC
Napoli English Channel on 18 January 2007. Report No9/2008. 48pp.

Sea Empress Environmental Evaluation Committee (SEEEC), 1998. The Environmental Impacts of the Sea
Empress Oil Spill, Final Report of the Sea Empress Environmental Evaluation Committee, The Stationary
Office, London, 1998.

US Department of State, 2006. Report of Inspections under Article VII of the Antarctic Treaty and Article 14
of the Protocol on Environmental Protection. United States Antarctic Inspection Team 2006.




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Annex 1 – Tables 1 and 2
Table 1: Examples of recent vessel incidents in the Southern Ocean
           Vessel                   Nature of incident        Pollution
M/V Lyubov Orlova,           Grounding
Nov 2006 (cruise ship)
M/V Nordkapp,                Ran aground                      Spillage of an unknown amount
Jan 2007 (cruise ship)                                        of marine diesel at Port Foster,
                                                              Deception Island, South Shetland
                                                              Islands
Nisshin Maru,                Explosion and fire; one dead
Feb 2007 (whaling vessel)
M/S Explorer,                Holed and sunk                   Loss of fuel oil and other
Nov 2007 (cruise ship)                                        pollutants, Bransfield Strait, near
                                                              South Shetland Islands
Argos Georgia,               Loss of power
Dec 2007 (fishing vessel)
M/S Fram,                    Lost engine power / hit glacier
Dec 2007 (cruise ship)
M/V Ushuaia,                 Ran aground                      A small amount of fuel oil
Dec 2008 (cruise ship)                                        leakage was reported with oil spill
                                                              barrier deployed. A 500 x 50m
                                                              slick was reported in the vicinity
                                                              of the vessel
M/V Ocean Nova,              Ran aground
Feb 2009 (cruise ship)
In Sung 22,                  Fire on board
June 2009 (fishing vessel)
Clelia II,                   Ran aground
Dec 2009 (cruise ship)
Shonan Maru 2 / Ady Gil,     Collision resulting in Ady Gil   Fuel oil and other pollutants from
Jan 2010 (whaling vessel /   sinking                          Ady Gil reported removed from
independent vessel )                                          vessel before sinking, Dumont
                                                              d’Urville Sea
Clelia II,                   Electrical failure
Dec 2010 (cruise ship)
Insung No 1,                 Sank; twenty one dead            Fuel oil sank with ship, north of
Dec 2010 (fishing vessel)                                     the Ross Sea
M/V Polar Star,              Ran aground
Jan 2011 (cruise ship)
Berserk,                     Lost, presumed sunk              Would have carried some oil, lost
Feb 2011 (yacht)                                              in Ross Sea
Sparta,                      Holed in ice
Dec 2011 (fishing vessel)
Jeong Woo 2,                 Fire, presumed sunk; three       Likely fuel oil – though possibly
Jan 2012 (fishing vessel)    dead                             all consumed by fire, Ross Sea
Brazilian oil barge,         Capsized and sank                Cargo of 10,000 litres (2,600
Feb 2012 (oil barge)                                          gallons) of diesel on board – no
                                                              leak initially, King George Island,
                                                              South Shetland Islands
Endless Sea,                 Beset in ice and sank            Reported to be carrying about
April 2012 (yacht)                                            8000 litres of fuel, King George
                                                              Island, South Shetland Islands
M/V Plancius,                Reduced propulsion
April 2012 (cruise ship)

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Table 2: Reports submitted to ATCM and CCAMLR following recent vessel incidents
                 Incident                                  Reports

M/v Lyubov Orlova,       Grounding              XXX ATCM IP10: The incident is referred to in the
Nov 2006 (cruise                                United States’ Report of Inspections under Article VII
ship)                                           of the Antarctic Treaty and Article 14 of the Protocol
                                                on Environmental Protection. United States Antarctic
Flag: Malta                                     Inspections Team 2006. US Department of State.
M/V Nordkapp,            Ran aground –          XXX ATCM WP37 rev. 1: The M/S Nordkapp
Jan 2007 (cruise ship)   spillage of            incident. Submitted by Norway.
                         unknown amount         The report covers both the incident and the spill of
Flag: Norway             of marine diesel       diesel and highlights a number of issues that “will
                                                require further evaluation and consideration in the
                                                months and years to come”, including:
                                                -Consider what types of equipment are appropriate for
                                                handling different types of fuel spills in Antarctica
                                                -Consider whether there is a need to strengthen legal
                                                requirements relating to the use of response equipment
                                                and competency in using it
                                                - Continue to address the HFO issue
                                                - Consider and discuss advantages to developing a
                                                common incident response strategy framework within
                                                the ATS
                                                - Consider and discuss advantages in developing a
                                                common incident response strategy framework within
                                                the ATS
                                                - Consider and discuss advantages of developing a
                                                common incident information exchange strategy
                                                framework within the ATS.

Nisshin Maru,            Explosion and fire     XXX ATCM IP 40: Fire on Board of the Japanese
Feb 2007 (whaling                               Whaling Vessel Nisshin Maru. Submitted by New
vessel)                                         Zealand.
                                                New Zealand’s paper provides information on the New
Flag: Japan                                     Zealand’s response to the incident. It does not cover an
                                                investigation into the incident or make any further
                                                recommendations.
M/V Explorer,            Holed and sunk –       XXXI ATCM SP13 Sinking of M/V Explorer Flag
Nov 2007 (cruise         loss of fuel oil and   State Investigation. Submitted by the ATS.
ship)                    other pollutants       This submission provides a synopsis of the incident.
                                                &
Flag: Liberia                                   XXXII ATCM IP120: Report by Liberia on Sinking of
                                                MS Explorer. Submitted by Belgium.
                                                This report is the official investigation into the sinking
                                                of the Explorer from the Liberian Commissioner of
                                                Maritime Affairs, Republic of Liberia. It includes
                                                eleven recommendations covering, but not limited to:
                                                - competency training
                                                - carriage of immersion suits for all passengers and
                                                  crew
                                                - partially enclosed lifeboats
                                                - documentation and training of expedition staff as
                                                  vessel crew
                                                - revision of procedures with respect to gauging

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                                                   records, minimum requirements for deck and shell
                                                   plating thickness for all ice class vessels, and survey
                                                   procedures,
                                                 - abandon ship procedures,
                                                 - crowd control procedures,
                                                 - drilling and training in lifeboat engines,
                                                 - procedures for emergency briefings,
                                                 - the development of crisis management plans.
Argos Georgia,           Loss of power           XXXI ATCM IP52: Report of Main Engine Failure of
Dec 2007 (fishing                                FV Argos Georgia in the Ross Sea on 24 December
vessel)                                          2007. Submitted the United Kingdom.
                                                 The report includes lessons learnt relating to
Flag: UK                                         contingency planning in respect of mechanical spares,
                                                 provisions, and risk assessment in relation to pairing /
                                                 buddying of vessels or operating a vessel on its own.
M/S Fram,                Lost engine power /     XXXI ATCM IP121: The Fram Incident. Submitted by
Dec 2007 (cruise ship)   hit glacier             Norway.
                                                 The paper reports on the response to the incident and
Flag: Norway                                     the investigation into the cause of the incident. There
                                                 are no further recommendations.
M/V Ushuaia,             Ran aground
Dec 2008 (cruise ship)   Small fuel oil leak -
                         500 x 50m slick
Flag: Panama             reported
M/V Ocean Nova,          Ran aground
Feb 2009 (cruise ship)

Flag: Bahamas
In Sung 22,              Fire on board           XXVIII CCAMLR 30: Fire On Board The In Sung
June 2009 (fishing                               22 in CCAMLR Statistical Subarea 48.3. Submitted
vessel)                                          by the United Kingdom.
                                                 This paper reports on the incident and the rescue of
                                                 the crew and vessel. The paper recommends the
                                                 adoption of a CCAMLR resolution urging all
                                                 members to ratify the International Convention on
                                                 Salvage if they have not done so.
Clelia II,               Ran aground
Dec 2009 (cruise ship)

Flag: Malta
Shonan Maru 2 / Ady      Collision – Ady Gil     No reports submitted to ATCM and / or CCAMLR.
Gil,                     sunk
Jan 2010                                         Australian Maritime Safety Authority fact finding
(whaling vessel /                                report into the reported collision involving the New
independent vessel )                             Zealand registered craft Ady Gil and the Japan
                                                 registered whaling ship Shonan Maru No. 2 in the
Flags: Japan / New                               Southern Ocean on 6 January 2010
Zealand                                          The New Zealand and Japanese governments
                                                 conducted investigations too.
                                                 http://www.maritimenz.govt.nz/AdyGil/Investigation-
                                                 report-Ady-Gil-Shonan-Maru-Lo-rez.pdf.
Clelia II,               Electrical failure
Dec 2010 (cruise ship)

Flag: Malta


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Insung No 1,             Sank – fuel oil sank   XXX CCAMLR BG 34: Follow-up Information
Dec 2010 (fishing        with ship              Regarding the Capsizal Incident of the Insung No.1.
vessel)                                         Submitted by Korea.
                                                The paper from Korea reports on the incident and
Flag: Korea                                     includes a list of four recommendations:
                                                     - All vessels operating or travelling through the
                                                         Southern Ocean should be fully prepared for
                                                         harsh weather and all shutters on the sides of
                                                         vessels should be closed when not operating.
                                                     - Safety-related materials should be available in
                                                         languages that all crew members can
                                                         understand.
                                                     - Proper emergency training should be provided
                                                         to all crew.
                                                     - When rescuing people in the water should take
                                                         priority over those on boats.
                                                XXXV ATCM WP 49: ATCM Response to CCAMLR
                                                Fishing Incidents. Submitted by New Zealand.
                                                This paper highlights the Sparta and Jeong Woo
                                                incidents but references the Insung No. 1 (see entry for
                                                Sparta).
M/V Polar Star,          Ran aground            XXXIV ATCM IP59: The grounding of the Polar Star.
Jan 2011 (cruise ship)                          Submitted by Norway.
                                                The paper briefly reports on the incident and the fact
Flag: Barbados                                  that booms were deployed as a precaution.
Berserk,                 Lost, presumed         XXXIV ATCM IP18: The Berserk Incident, Ross Sea,
Feb 2011 (yacht)         sunk would have        February 2011. Submitted by New Zealand, Norway
                         carried some oil       and the United States.
Flag: Norway                                    The report raises a number of concerns addressing lack
                                                of information on locations and activities, the
                                                presumed release of petroleum products and other
                                                contaminants, sharing of information between Treaty
                                                Parties, vessel position reporting to the relevant
                                                Maritime Rescue Coordination Centre, contingency
                                                planning, unauthorised activity including logistical
                                                support for such activity, guidelines for yachts and
                                                related activities.
                                                Also, ATCM XXXIV IP75: The Legal Aspects of the
                                                Berserk Expedition. Submitted by Norway.
Sparta,                  Holed in ice           XXXV ATCM WP 49: ATCM Response to CCAMLR
Dec 2011 (fishing                               Fishing Incidents. Submitted by New Zealand.
vessel)                                         The paper highlights important obligations for parties
                                                operating vessels in Antarctic waters, including the
Flag: Russia                                    obligation to provide contact and other relevant
                                                information to the responsible MRCC before entering
                                                an area and the obligation to use GMDSS equipment in
                                                an emergency. The paper also presents a draft
                                                resolution encouraging Treaty Parties to support the
                                                development of a mandatory Polar Code and the
                                                adoption of the Torremolinos protocol, report on any
                                                efforts to limit environmental impacts after vessel
                                                incident, ensure proper communications between
                                                vessels and MRCCs, strengthen safety standards over
                                                vessels operating in Antarctic waters that are under
                                                their jurisdiction, and urge CCAMLR to reaffirm a
                                                resolution that members should only license vessels

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                                               that meet the ICE-1C classification standard.
                                               &
                                               XXXV ATCM IP 17: Search and Rescue Incidents in
                                               the 2011/12 Season: FV SPARTA and FV JEONG
                                               WOO. Submitted by New Zealand.
                                               This report provides a timeline of the events for the
                                               SAR operations relating to the Sparta and the Jeong
                                               Woo 2 incidents.
Jeong Woo 2,            Fire, presumed         XXXV ATCM WP 49: ATCM Response to CCAMLR
Jan 2012 (fishing       sunk – possibly fuel   Fishing Incidents. Submitted by New Zealand.
vessel)                 oil though possibly    Includes a draft resolution for the ATCM and
                        all consumed by        highlights important obligations of parties that operate
Flag: Korea             fire                   vessels in Antarctic waters (see entry for Sparta).
                                               &
                                               XXXV ATCM IP 17: Search and Rescue Incidents in
                                               the 2011/12 Season: FV SPARTA and FV JEONG
                                               WOO. Submitted by New Zealand. This report
                                               provides a timeline of the events for the SAR
                                               operations relating to the Sparta and the Jeong Woo 2
                                               incidents.
Brazilian oil barge,    Capsized and sank
Feb 2012 (oil barge)    carrying 10,000
                        litres of diesel
Flag: Brazil
Endless Sea,            Beset in ice and
April 2012 (yacht)      sank – reported to
                        be carrying around
Flag: Brazil            8000 litres of fuel
M/V Plancius,           Reduced propulsion
April 2012 (cruise
ship)

Flag: the Netherlands




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