99045.FVS - July 15, 1999

The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL), is unambiguous in its application: it applies to all ships ! This includes fishing vessels.

Regulation 9 of Annex I of MARPOL is also unambiguous:

"(1)...any discharge into the sea of oil or oily mixtures...shall be prohibited except when all the following conditions are satisfied:...

(b) from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:
(i) the ship is not within a special area;
(ii) the ship is proceeding en route;
(iii) the oil content of the effluent without dilution does not exceed 15 parts per million; and
(iv) the ship has in operation equipment as required by regulation 16 of the Annex..."

"(6) The oil residues which cannot be discharged into the sea in compliance with paragraph (1), (2) and (4) of this regulation shall be retained on board or discharged to reception facilities."

I am reminding the owners of fishing vessels of this requirement as it has been alleged that vessels, which normally carry fuel oil in their fish tanks on the outbound passage, may be cleaning their tanks and disposing of the oily mixture overboard in violation of MARPOL and the Vanuatu Maritime Regulations, Chapter 4.

I would remind owners that such a violation would subject vessels to fines of from $5000 to $100,000. Effective immediately I will be directing safety inspectors assigned to conduct inspections of fishing vessels to carefully review the vessels' Oil Record Books and deck log books for proper entries. When it has been found that violations have occurred, vessels will be fined

Donald J. Sheetz
Executive Vice President