Amended USCG Marine Casualties Reporting Requirements

From ECM Maritime Client Alert 1-2006:

Effective January 17, 2006, the USCG will add “significant harm to the environment” as a reportable marine casualty (46 CFR Part 4, 33 CFR 151 & 153)*. Vessels will be required to report marine casualties when those casualties involve material damage affecting the seaworthiness or efficiency of the vessel, or significant harm to the environment.

The Master must report, without delay, incidents of significant harm to the appropriate officer or agency of the government of the country in whose waters the incident occurs; and the nearest Captain of the Port (COTP) or the National Response Center (NRC). Reports by radio are encouraged as the fastest means possible.

The following criteria apply for submitting a report to the USCG:

1. For incidents involving US vessels in any body of water; or

2. Incidents involving foreign flag vessels in the navigable waters of the US (within 12 miles); or

3. Incidents involving foreign flag tank vessels within waters subject to the jurisdiction of the US, including the Exclusive Economic Zone (EEZ), which is generally 200 miles from shore.

“Significant harm to the environment” means:

1. In US navigable waters (within 12 miles), a discharge of oil that causes a water quality violation, discoloration, sheen, sludge, emulsion or quantities equal to or greater than the reportable quantity in any 24 hour period.

2. In other waters subject to jurisdiction of the US, including the EEZ, a discharge of oil in excess of quantities or instantaneous rate allowed by regulation or in special designated areas for Annex I of MARPOL 73/78; or noxious liquid substances (NLS) discharge from cargo or slop tanks that exceeds regulatory limits.

3. In US waters, including the EEZ, a probable discharge of oil, hazardous substances, marine pollutants, or noxious liquid substances. Factors to consider in determining whether a discharge is probable include, but are not limited to:

• Ship location and proximity to land or other navigational hazards;
• Weather;
• Tide current;
• Sea state;
• Traffic density;
• The nature of damage to the vessel; and
• Failure or breakdown aboard the vessel, its machinery, or equipment.

* The regulation was published in the U.S. Federal Register for 16 December 2005. Click here to view.