Mumbai Oil Spill: Key Issues- Action Required
By Steven L D' Souza
16 August, 2010
Countercurrents.org
The collision between MSC Chitra and MV Khalija III on August 7 th 2010, near Prongs Light, a lighthouse off the coast of Mumbai, between JNPT and Mumbai ports , two of the nation's busiest ports that handle nearly 40% of sea bound traffic, and 75%(JNPT) of container traffic, raises many key issues that need to be addressed as well as call for some immediate as well as long term remedial action. The MSC Chitra had on board nearly 2450 containers, about 2500 tonnes of furnace oil and some 300 tonnes of diesel fuel,. Some 220 odd containers are reportedly fallen/sunk/floating in the coastal water of the Arabian sea. A brief synopsis of key issues and action –both short term ,and long term required on a war footing .
• There is an urgent need to appoint a Directorate General of Ports to handle routine matters like VTMS (Vessel Traffic Management System), logistics, warehousing, co-ordination other statutory agencies in all major ports . Presently even routine matters referred to the Shipping Ministry at Delhi. This new proposed Directorate, proposed earlier by former Shipping Secretary D. T. Joseph, would enable quicker decisions of regular routine matters including Disaster Management and should be in place as soon as possible. This statutory body would be on lines of TAMP (Tariff Authority for Major Ports) already in existence. Alternately if DG ports, not possible, TAMP should be given this responsibility.
• Pilots escorting outgoing vessels should not be allowed to disembark before the ship safely leaves the channel into the high seas (as reportedly happened in case of outgoing vessel MSC Chitra). Similarly incoming vessel like MV Khalijia III should not be allowed to enter the inner channel unless the escort or pilot of the port is on board. On that fateful day both the escort / pilots were not on board or piloting the ships. Is it any surprise that the tragic incident occurred?
• The inquiry by DG shipping should ascertain reasons for incoming MV Khalijia III failing to submit the PAN ( Pre Arrival Notification) before entering the harbor, and why no pilot was escorting the vessel through the channel. The collision took place before the pilot for incoming vessel could board ship.
• It is a common perception that vessels more than 20 years old are not very seaworthy, and many foreign ports do not allow then to operate, fearing breakdown in operational efficiency. Incidentally Chitra about 31 years old and Khalija III about 26 years old, some experts feel that faulty electronic steering system of Khalija III led to the collision.
• The VTMS (Vessel Traffic Management System) has high frequency radio / electronic communication facilities (JNPT operates on VHF-13 and Mumbai Port VHF -12). Two VHF channels allowed for all ships entering either Mumbai Port or JNPT, the second to serve as a back up channel. How did both the VHF channels fail for both the ships?
• The Union Environment Minister has promised setting up Tier I pollution response system to combat oil spills (Tier I upto 700 tonnes). However the oil spill now exceeding 2000 tonnes (Tier III-Maximum). Why not have a pollution response system upto Tier III ?.
• The Union Environment Minister Shri Jairam Ramesh stresses need for India to be part of Bunker Convention of the IMO ( International Maritime Organisation) to enable India to claim greater compensation for such accidents in future. Due to stringent norms in other foreign ports, old and sometimes unseaworthy ships prefer to sail to India, since in absence of India being a signatory to the convention it would escape having to pay heavy damages in case of incidents like the present one had this occurred in a major foreign port, the compensation and damages to be paid would have been heavy. This is another Bhopal Gas Tragedy, albeit this one has occurred not on land but on sea; this one mercifully has not taken lives, but rather caused havoc on marine environment on a large scale. Hope that necessary action for signing the convention will be initiated at the earliest.
• The fuel oil (diesel and furnace ) spill is more difficult to treat with Chemical dispersants (being thicker than normal crude oil) part of it will remain untreated and drift towards the coast / mangroves on coast. It will seriously impact both marine flora, fauna and fishes like prawn Bombay duck, shrimps etc that are found more on coast than high seas.
• About 40 odd containers containing hazardous chemicals and pesticides are still floating around in the sea. The Coast Guard / Navy should continue mapping / sight sonar scan to trace all containers , especially those carrying these hazardous chemicals and pesticides, since if undetected, and if it leaks into the waters, it will virtually finish off all marine flora and fauna and the fishing industry in the affected parts of the coastline.
• The environment damage assessment being done by the NIO (National Institute of Oceangraphy) Goa and the National Environment Engineering Institute (NEERI) should be expedited, and completed within a fixed time frame , and recommendations made public for discussion before its implementation.
• The report to be submitted by CMFI ( Central Marine Fisheries Research Institute) on loss of fishermen livelihood should also involve discussion with fishermen and other stake holders , the report should be made public for discussion especially on issue of compensation and measures to prevent such threat to their livelihood in future.
• All hazardous goods stored in all Major ports, lying indisposed should be auctioned off / disposed off under Section 61 and 62 of the Major Port Trust Act of 1963 r/w relevant provisions of the Customs Act 1962. For item under Custom seizure / detention the hazardous goods should be transported to factory premises / godown of importer before effecting the seizure. If no claimant, then Customs / Port Trust can jointly auction the goods after statutory period of normal customs clearancefor bill of entry for home consumption. The Customs should seriously consider withdrawing Bonded warehousing facilities to hazardous goods / chemicals within the port, since a slight leakage / mishap can cause disaster that can engulf the entire port in flames and cripple the port operations Hazardous goods / chemicals shoud be cleared within stipulated period or they should be jointly disposed / auctioned off jointly by both the parts ( demurrage charges) and Customs (import duty charges) authorities. CBEC / Directorate of shipping should ensure compliance by all ports / Customs House within a time frame not exceeding 3 months for undisposed goods, and ensure fresh guidelines followed in future.
• The National oil spill contingency plan of 2006 , mandatory for all Port Trusts should be made mandatory for all parts across the country , both major ports and minor ports, since substantially portion of hazardous import / export also done at minor parts across the country.
• In many foreign parts, stringent check of vessels more than 20 years old are done much before the vessel is allowed to enter the channel, to ensure that they are fully operational and sea worthy. A similar such system should be in place, atleast in major ports like JNPT and Mumbai which are subject even otherwise to heavy congestion charges and waiting period before entering the barbour.
• There is a tendency for many importers especially big companies and MNCs to build up inventory by importing certain hazardous chemicals / goods when thy are cheap in international markets, for in excess of storage space in their factories, by using warehouse space I ports instead. This facilitation by the port and Customs authorities should stop, and no extended warehousing period for hazardous goods / chemicals should be permitted beyond the normal period (including extended period) as stipulated in the Customs Act. In short, these goods import should be not on into Bond Bill of Entry, But Only Bill of Entry for Home Consumption.
• The Minister of shipping Shri Jairam Ramesh on July 27, 2010 promised that the Government will install High Resolution “Radiation Monitoring Portals (RMP) in all major ports by 2012 to help prevent smuggling / in out of radio active hazardous materials after recent tragedy and tragic death of a worker in New Delhi. The Government should ensure by periodic monitoring that assurance give on floor of Parliament will be implemented in earnest.
• Fishing activity in affected areas where oil spill has spread should be permitted only after the Government through testing done by statutory agencies and competent research bodies certify that fishing can resume without any further testing for oil and dispersant contamination in the fishes caught in those waters.
• There is a long standing promise of installing Huge Electronic Scanning Machines at all major ports , mainly with a view to prevent smuggling / state security point of view. This much needed safety measure in form of scanning machines will not only bring more security, but also faster clearance and less transaction and demurrage costs. Presently visual examination / percentage examination by customs authorities not fool proof but also causes delay and at times hold up of consignment / harassment for the importers. Such scanning machines should be installed at all ports without any delay at the earliest.
By Steven L D' SouzaMBA, ex IRS, Management Consultant Mumbai
(The author had worked in Senior Positions as Class I Officer in Major Ports in Mumbai, Mangalore, Goa, Viskhapatnam, etc., He was also involved as head of the team sea going for sea patrolling /anti smuggling operations along the west coast primarily in Maharashtra and Gujarat . He was Joint-in-charge of India's first everjoint chief of Joint Coastal Patrolling Exercise conducted by Customs, Police and Navy / Coast guard in Maharashtra in 1994.)
