Floundering, flooding, fires, failures, and fatalities are some of the major pitfalls and catastrophes that ship owners and seafarers face in today’s maritime environment.

There is nothing like a few pictures of maritime disasters to grab the attention of a knowledgeable maritime audience anywhere in the world.

Manning shortages, training deficiencies, adverse weather, regulatory requirements, vessel delays, and detentions in port, are just a few of many routine problems dealt with daily by ship managers everywhere.

How to keep the problems from becoming catastrophes, while continuing to remain cost effective in a highly competitive market, is the true dilemma faced by vessel owners and operators!

As a cadet in the Maritime Academy many years ago I recall having to memorize a quote inscribed on a bronze plaque at the campus. It read: “The sea is selective--slow at recognition of effort and aptitude, but fast in sinking the unfit” It was attributed to a graduate from 1897 named Capt. Felix Riesenberg. He was known for having made many arduous voyages around Cape Horn. He later wrote several books about his adventures. Captain Riesenberg’s insight was as true then as it was in the days of Magellan, and as it is today. The requirements and measurements for determining “fitness for duty,” as well as the tasks and training requiring effort and aptitude, have changed a great deal in the past hundred years, but the results for the unfit have not.

Most of us know that for every major vessel casualty there are thousands of routine voyages completed safely each day, by all types of vessels, across all of the oceans and major waterways on the planet. Still, there is always a risk factor that comes with the passage of ships on the water, and vessel casualties continue to occur. Many variables enter the equation for calculating the risks of each voyage. It is the job of maritime professionals afloat and ashore to help identify and eliminate as many of those risks as possible.

Assuring that our ships’ crews have received the highest quality education and training is one of the most effective ways of reducing the risk of a casualty. This point has been strongly emphasized by a great many organizations and most recently in the January 2005, Maritime Human Element Bulletin---ALERT! The bulletin, part of a project designed by the Nautical Institute and sponsored by Lloyds Register, stressed the theme of Education and Training. The Editor, our good friend and colleague, Commodore David Squire, correctly observed:

“…that awareness, effective communication, common sense and basic seamanship and engineering skills are taking a back seat to increased automation and electronic decision support systems, etc. It is important, therefore for all stakeholders to be aware of the human element issues associated with the human machine interface, and to encourage and promote the highest standards of education and training, and a common standard of professionalism in the industry.”

The “ALERT!” bulletins contain clear and concise information and advice for ship managers, training providers, and others interested in the human element relevant to the safe operation of modern vessels. More information can be found at www.he-alert.org.

Our modern seafarers require a much different set of skills than their brethren of a hundred years ago, but their job is no less difficult. Today’s mariner may not need to be able to climb a main mast with a coil of rope on one shoulder and a marlinspike in hand while rounding Cape Horn, but in comparison it is fair to say that the mariners of a hundred years ago did not need to operate ARPA, GMDSS, ECDIS, and GPS systems while monitoring the functions and status of cryogenic cargo systems, IG, LNG, LPG, or any variety of oil, chemical, and other HAZMAT cargoes aboard 300 meter long vessels traveling at 20 plus knots-----all while navigating through a new sea of regulatory and legal requirements that could well strand the modern mariner ashore as a “material witness,” or even in jail, for a single mistake. Providing modern mariners with the latest and most advanced electronic and computerized navigation and monitoring systems is prudent and admirable – PROVIDED that they also receive the appropriate education and training to operate these systems properly and effectively.

Only twenty years ago a seafarer needed only a desire to go to sea, a seaman’s card or book, and perhaps a license certificate as a deck or engine officer in order to join a ship. As a result of a handful of major ship casualties in the past two decades the training and documentation requirements for seafarers has increased exponentially.

Increasingly, Port State Control Officials are demanding proof of the training and certification of the mariners operating vessels within their ports and coastal waterways. Yet in spite of the increased training and documentation requirements, there is also a disturbing increase in the criminalization of seafarers after an incident or casualty occurs. Some of my colleagues will discuss this subject in greater detail later in this conference. This situation creates another difficult problem for ship managers, specifically: How do we successfully recruit qualified mariners and ensure they are properly trained and sufficiently documented to operate efficiently in today’s demanding maritime environment?

Selection of a quality Flag Administration for vessel registration is one of the most important ways of reducing risks for concerned ship managers and owners. Having an affiliation with only reputable manning agencies and training institutions is another key factor in assuring crew competency and compliance.

Only a Flag Administration dedicated to quality and safety maintains the expertise and resources to verify the qualifications of mariners and ensure the veracity and compliance of training providers and manning agents around the world. The valuable experience gained from decades of regulatory oversight and compliance for a variety of vessel types, manned by multi-national crews, can be essential in helping vessel operators identify requirements and promulgate rapid solutions. The demand for accurate and verifiable Flag State certificates, endorsements, and seafarer credentials has more than tripled over the past several years.

The International Maritime Organization (IMO) has established the minimum requirements and recommendations for the Standards of Training Certification and Watchkeeping for Seafarers (STCW) Convention. Included with the training requirements are the standards and recommendations for documenting that training and certification. IMO’s MSC Circular 1134, contains a list of member parties that have (and I quote) “…communicated information which demonstrates that full and complete effect is given to the relevant provisions of the Convention.” (Unquote). The annex to this circular is better known by most as the IMO “White List.” What many people may not realize is that there are many levels of compliance and certification, and inclusion on the IMO list does not guarantee that a party has fully complied with all provisions of the Convention. For example: Some parties have been recognized for the training and certification of unlicensed crew members or those persons forming part of a navigation or engineering watch, but have not been recognized or approved to certify officers in charge of a watch. Other parties have been accepted only for ENDORSEMENT of existing Certificates of Competency, but have not been recognized for direct certification of seafarers.

Vessel operators need to be aware that simply employing seafarers holding credentials issued by parties shown on the IMO “White List” is NOT a guarantee of having properly trained and documented crewmembers on their ships. In the past, some unscrupulous manning agents and training facilities that operate only a “document factory,” and provide certificates of training to seafarers that are just partially qualified, or not qualified at all, under STCW requirements have been uncovered. If an agent promises to provide crew members at such a substantially lower cost than average that it just seems too good to be true—then be careful, because it probably isn’t.

I attended the LSM Manning conference held in Shanghai last October and happened to overhear a new manning agent trying to market his services to a vessel operator. I spoke briefly with the operator later and he told me that the agent was assuring him he could provide fully documented Masters and Chief Engineers that would cost less than $1200 US dollars per month in salary. Recall I said, “documented”—they were not necessarily trained or English speaking. The operator refused the offer of course. Still, it is astonishing to believe that manning providers continue to believe that vessel owners, who have invested millions of dollars in their ships, would be so interested in trusting the operation of their vessels to only the least costly officers available.

It reminded me of the time a reporter once asked U.S. astronaut Neil Armstrong to relate his thoughts as Apollo 11 approached the moon. He said, “All I could think of was that I was up there in a spaceship built by the lowest bidder.” I believe that the Space Administration changed to accepting the “best value” bid, as opposed to the lowest bidder after the failure of the Apollo 13 mission thus learning the hard way that cheaper is hardly ever better.

How many among us, upon learning that we needed life saving heart surgery, would seek out the least expensive heart surgeon to do the job? Neither would we seek out the least expensive hospital that employed only marginally trained support staff. We should demand no less than high quality, well trained, officers and seafarers to protect the safety of our vessels and the lives of their crews!

Regulation I/10 of the Convention details the requirements for the recognition and endorsement of certificates between IMO recognized parties. A very important provision of this regulation is the requirement for a valid undertaking between parties agreeing to the recognition of their certificates. The exchange of information between parties, and a thorough knowledge and familiarization of the requirements is essential to assure compliance and avoid Port State Control actions related to STCW deficiencies.

Another very important provision of Regulation I/10 of the Convention is the need to have current Flag State recognition for the certification of key personnel, primarily management level and watch keeping officers, PRIOR to allowing them to serve aboard ship. Many of you are familiar with CRAs, or Certificates of Receipt of Applications. Only the Flag Administration can provide the “documentary evidence” required by the STCW Convention that will satisfy Port State Control Officials and avoid vessel detentions. Unlicensed crewmembers are permitted to join a vessel on the basis of recognized third party credentials once they have simply completed application for Flag State documents, but ship’s officers must show documentary proof from a vessel’s Flag Administration that their documents have been received and accepted. The lack of properly issued documents has been the basis for vessel detentions in the past.

One other key stipulation of Regulation I/10 is that Endorsements issued by one party cannot be used as the basis for further Endorsement. I realize this may sound like legal double talk, but it has also been the reason for vessel delays and detentions in the past. Personnel agents and managers need to check crew documents carefully and make certain that seafarers have original certificates along with valid Flag State Endorsements. Remember that Endorsements are only valid while the underlying Certificate of Competency remains valid. We have encountered several attempts by seafarers to renew an Endorsement even though their national COC has expired.

National regulations vary greatly relative to the certification and licensing of seafarers. Regulation I/10 also requires senior management level officers, such as Masters and Chief Engineers, to have familiarity with the national regulations and legislation relevant to their duties and functions.

Under the STCW provisions, Flag Administrations and Companies are obligated to verify the authenticity and validity of original Certificates of Competency (COC) prior to authorizing mariners for service. This is especially important for senior officer positions, but all too often this obligation does not receive the priority it should.

The Marshall Islands Administration has been routinely verifying the validity of national COCs with issuing authorities, and our efforts have revealed some interesting attempts, or “scams,” to circumvent national and international requirements.

Some countries for example link their Certification of Officers with their national pension or social security system. These countries require older officers to officially retire their national license or COC in order to collect a pension or national assistance payment. We found that some of these “pensioners” were officially “retiring” their license to start getting a pension, but not before reporting it lost or missing---usually only a short while after getting it renewed for another five years---and having a duplicate issued. The duplicate license would then be presented to another Administration for Endorsement and the officer would continue to sail under another flag for five years while collecting a pension.

Unfortunately for these officers (mostly Masters and Chief Engineers) the license would be deemed invalid by the issuing authority when queried for verification. Once the original certificate is deemed invalid, subsequent Endorsements by other parties are no longer valid.

Fortunately for our operators, due to our diligent verification program, we are able to quickly identify this ploy and help them avoid the deployment of uncertified personnel that could have led to vessel detentions, or a litany of legal liabilities and complications if these semi-retired---officially uncertified---mariners were involved in a casualty or incident of any kind.

New requirements for seafarers’ identification documents are expected to necessitate even greater scrutiny of seafarer credentials and personnel data in the future. There will be requirements for the capture and verification of biometric data such as fingerprints and photographs from each crewmember. Background information and previous employment history may need to be checked by national authorities before credentials can be issued. Beware of crewing agents or individual seafarers that cannot supply the required information.

The majority of responsible vessel owners and operators have already realized the importance and prudence of having a written agreement with manning agents and mariners that specify the expectations, requirements, and remunerations for the services expected. Be certain that employment contracts, articles of agreement, and manning provisions are properly utilized and understood by all parties concerned. Regulation I/14 of the STCW Convention clearly details the responsibilities of shipping companies relevant to the manning, training, and documentation of seafarers assigned to their vessels. This is a regulation that should be enlarged and clearly posted on the wall of every manning agent and marine personnel office. Its contents bear careful consideration:

Vessel owners and operators should not do business with crewing agents that are not cognizant of these responsibilities and the other provisions of the STCW Convention.

IMO also provides guidance for Port State Control (PSC) Officers regarding the documentation required by ship’s personnel. PSC Officers should not demand more than the documentation required by the Convention—if they do beware---it may be time to go to the Captain’s locker! We all know that there are still many ports in the world where “problems” can only be solved with a carton of cigarettes or a bottle of whiskey. IMO’s MSC Circular 1030, which states that STCW certified officers do not need to provide additional documents to show evidence of training and proficiency in survival craft, advanced fire fighting, and first aid has cut down considerably on the Master’s expenditure of scotch and cigarettes.

There are still special requirements for the documentation and training of crew on specialized vessels such as tankers, gas carriers, roll on/ roll off passenger vessels and ferries, offshore drilling vessels and platforms, and cruise passenger vessels. As mentioned earlier, one of the best ways to assure that your crews meet the latest requirements is by associating with a quality vessel registry and using reputable manning agents. Utilize their expertise and experience to assure full compliance and optimize performance and you can avoid many of the regulatory and Port State Control problems that face the less prudent vessel operators.

I leave you with a quote to remember by the famous automobile inventor and manufacturer Henry Ford, who once said; “Quality means doing it right, even when no one is watching!”

Thank you.