Sea fuel transfers ring environmental alarm
Ship-to-ship oil transfers (file photo)
(CNS): Ship-to-ship transfers of fuel products just beyond the edge of Cayman waters, about 15 miles out to sea, are causing concern for some conservationists, who are worried that the unregulated activity, which is beyond the control of local authorities, could present a future environmental disaster for Cayman. Speaking at a recent National Conservation Council meeting, NCC member Davy Ebanks raised his concerns that the transfers are a “disaster waiting to happen” and said he wants government to step in, as some Cayman-based shipping companies are involved.
While these types of ship-to-ship transfers were once common in Cayman waters, employing many locals, especially from the Brac, when the island was once known for its shipping expertise, over the years the industry has shrunk and now takes place beyond the country’s 12-mile water border. According to government officials, the fuel being transferred is refined, but Ebanks is concerned that some of the transfers involve crude oil, which could pose a serious threat to Cayman’s beaches if there was a spill.
CNS contacted one of the local companies, West Indian Marine, that is understood to be participating in the transfer by supplying the equipment, people and vessels needed to help the international tankers involved transfer their cargos, but our enquiries have remained unanswered for over a week. No one from the firm confirmed their involvement and none of the questions we asked about the transfers were answered.
Environment Minister Wayne Panton has said that the issue is a challenging one because the government has no power over the activity. However, responding to Ebanks by email, Panton said that potential spills were not a major concern because the transfers are believed to be refined fuels, such as liquid propane, which evaporates.
In addition, the transfers are taking place northwest of Grand Cayman, which means the prevailing winds would be unlikely to impact the local beaches. Panton said that Cayman could only intervene in the activity if there was a direct and imminent threat, which he said could not be substantiated.
However, Davy Ebanks, told the NCC last month that since no one is regulating the transfer, there is no way to be certain that crude oil is not being transferred and that prevailing winds could not always be relied upon to ensure that any oil spill would not end up on local beaches. He also noted the implications of a spill that contaminated anywhere else if a Cayman firm was involved.
Ebanks, who has been tracking the activity on websites and apps and has also seen the transfers at sea, urged his NCC colleagues to consider the issue and said that because it was being conducted “just barely out of sight, people are turning a blind eye to a potential spill or accident”.
He said that he had pressed government officials and local politicians about plans to mitigate a potential oil spill because any efforts to implement rules to preserve the environment would be completely undermined.
Ebanks also believes the community should know more about this and that government needs to speak openly about what is involved and what it can do, because he does not believe the local authorities are powerless if registered Cayman firms are involved. Suggesting that the vacuum of details regarding the transfers is being filled with all sorts of rumour and speculation, he said his own concerns were about the potential environmental disaster.
He said that at the very least, even though the transfers may be happening leeward of Cayman and outside the country’s terretorial waters, the government and the people have a right to know what is being transferred by whom, for what reasons and, above all, what safety measures are being employed
Category: Marine Environment, Science & Nature
The arrival of the Kirkbots only confirms the connection that we have all suspected.
It is clear from the Section of the Maritime Convention below that Cayman can ,indeed take action to protect its shores. So our CIG needs to get stepping and examine with the help of the UK of course how it can protect its territorial rights and measures it can and cannot take to this risk that indeed exists.
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SECTION 4. UNITED NATIONS CONTIGUOUS ZONE
Article33
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
John Henry
How about the oil company here not having a fire protection system here in Grand Cayman or the Brac! Both in residential areas!
mmmm, would appear to be some kirkbots around…haven’t seen them for a while..
Obviously with a comment like that you do not like the democracy of public opinion.
The Ship to Ship transfer business has been a common operation all over the world since the 1960’s with the introduction of super tankers on long haul maritime routes. Just consider that this has been a common occurrence for around 60 years because super tankers VLCCs and ULCCs cannot access most ports due to limited draft restrictions in those ports. ie NO port in North America can accommodate VLCC and ULCC super tankers, therefore these tankers must conduct STS operations offshore the USA on a daily basis. There are many thousands of STS oil and dry bulk operations occurring annually around the world.
But are the transfers regulated is the question. (And, if yes, then the second question is what regulations should be applied.)
All shipping is highly regulated including all shipping operations by the following; IMO, MARPOL, SOLAS, CLASS, FLAG STATE, USCG, MCA, OCIMF, STS REGULATION AND STANDARDS, ETC ETC ETC.
USCG I recognized as US coast Guard. Which is the point. Cayman (as the flag state of the boats facilitating this STS transfer) are NOT regulating it. So most of those acronyms do not apply. At least not until there is a spill and then I assume someone will apply MARPOL to say ‘look, MARine POLlution’.
Cayman’s only connection to this seems to be a tugboat and maybe some tankermen to handle hoses. The tug is not in charge of the operation. Life will go on with Cayman involvment or without it.
You could say the same things about airplanes landing and taking off without the involvement of the fire service. But its just common sense to have them ready. This is the same scenario. Can we cope if there is an accident?
What is the government going to do about one of its BIGgest Loud Mouth supporters who runs around town like he is the First Sea Lord of the Cayman Islands. What some people need to do is stop ripping people off and pay their debts. Let me tell absolutely Nuttin!!!!!
Are you referring to yourself? This must be you.
I don’t buy the ministers argument that there is nothing that the Govt. can do. Have they issued a Trade and Businesd license to this company that enables them to perform these transfers just off of our shores or not.?
Just guessing but suspect not since the activity TAKES PLACE OUTSIDE CAYMAN where business licence laws do not apply, numb nuts.
I seen the big fenders used to do these ship to ship transfers anchored in George Town harbour, at least the govt. can do something about
What is wrong with people who are so negative and against everything including the construction of important infrastructure for the port with Cruise Berthing Facilities which will remove the current risks and damage occurring with cruise ship anchoring and now the Transfer business which has taken 35 years to regain and return the business to Cayman providing jobs and economic trickle down benefit to so many other businesses on the island. Next all these dooms-dayers will want to stop all tourism because of the detrimental effects it has on our environment and our stingrays. We have much more important issues at hand that need to be addressed by the DOE and the NCC like our waste dump which is an environmental disaster leaching toxic pollution into North Sound and Seven mile Beach, the Green Iguana and Lion Fish take over of our country. The DOE does nothing about the waste dump or the green iguanas or lion fish as they procrastinate in making effective decisions year after year on what is more important and what really matters. The problems just keep on growing worse and out of control. They cannot manage and control what they have and are forever deflecting focus away from the really important issues onto new issues all the time. Incompetent dysfunction at its very best.
That sounds like a lot of deflection in your comment.
Who will conduct the rescue operations in case of disaster? The Cayman Islands? Do they have the capabilities to execute it?
“Only a fool learns from his own mistakes. The wise man learns from the mistakes of others.”
1. Titanic disaster. PLANNING FOR UNTHINKABLE.
“The magnitude of disasters decreases to the extent that people believe that they
are possible, and plan to prevent them, or to minimize their effects.”
Kenneth E.F. Watt, The Titanic Effect-
2. Costa Concordia disaster
“The thing I constantly think about – we were so, so very lucky. The difference between our
ship and the Titanic is we weren’t caught in the middle of the ocean,” said Kajian…. “If we
had been caught in the middle of the ocean, most of these people wouldn’t have survived.”
Mike Kajian, passenger on board Costa Concordia
The unpredictable events are known as “Black Swans”
– events that are unforeseen and point to the limits of human knowledge. So disasters do happen. Be ready or not.
Generally I have a lot of time for the minister, but that answer is not good. So if there was an incident, it will blow away? Not necessarily true and I am sure Mexico, Belize, Cuba will not be happy with that.
West Indian Marine, is this the same group who is pushing for the destruction (sorry mean dredging) of Georgetown Harbour? Sounds a little fishy here!
Dredging just happens to be just a part of developing the country’s infrastructure for Cruise Berthing facilities so how can you direction blame to any particular company or person in this regard as this is a Govt. initiative supported by the majority of Cayman’s electorate and representatives.
Not supported by a majority of the electorate. (At least that you or anyone else can prove. And, no, just because someone may have voted PPM in the last election that does not mean that they agree with everything the PPM proposed then, i.e., including cruise dock, nor that they still agree with it now that the Government’s own consultants have shown it will be unafordable and not good value for money even if the money could be fond to carry it out. – They pointed out that landside improvements would be more beneficial than the cruise piers.)
Obviously you do not know what is going on in your own country.
Even if the cargoes were only Propane, how effective are the safety measures. Any accident would involve an explosion which would severely damage both vessels, and they would both be carrying bunker fuel oil which is likely to be released from their tanks. Overall, Davey Ebanks has raised some valid issues.
However, as CIG has been living with the knowledge that at least one fuel terminal at Jackson Point has been operating without a competent fire safety system for some time, we are unlikely to see any action from them.
As a mariner myself, I find it very interesting that the minister makes no mention of the direction of the currents and only the wind. Chances are that the currents would have more affect. Weak argument.!!
Not for lighter fluids floating on the surface.
It is well known that the currents west of Cayman and offshore flow to the northwest which is the start the Gulfstream.
These ships are doing the exchanges only a few miles West of 12 Mile Bank (visible by the naked eye) which is miles away from the gulf stream current. The currents out there are un-predicable and often flow towards the island.
If you are a mariner you would know that the current offshore and west of Cayman flow at quite a rate to the northwest being the origins of the US gulf stream through the Yucatan around west of Cuba and up the east coast of the USA.
We need to send the Cayman Marine enforcement boats out there to see what is going on.. Oh wait, it may be rough and its more than 12 miles. Sorry, not going to happen any time soon, so lets stop talking about it. Non story
At 6:49, can you please state how many Caymanians have been hired as a result of this venture or state how much money t CIG collects.? Didn’t think so.!!
Answer is Zero.!!!
Yep, Cayman can’t collect money from people doing business outside Cayman territory. Isn’t that actually the basis of your offshore finance business also?
Many Caymanians benefit with a huge trickle down effect through our economy.
Is this the same company that was asked to conduct the secondary survey for the cruise ship port and is it the same minister of tourism that is in charge of the Port Authority. CNS can you please clarify?
CNS: The survey referred to was conducted by CSA Ocean Sciences Inc for West Indian Marine, who were, I believe contracted by government. You can find the survey on the CNS Library here
And yes, the Ministry of District Administration, Tourism and Transport, which is the portfolio of Deputy Premier Moses Kirkconnell, has oversight of both the cruise port development and the CI Port Authority.
Things that make you go ..hmmmmm
Your comment has no relevance to this article.
Ok stooge, only the blind can’t see the glaring conflict of interest.
What does this have to do with the subject. Total irrelevance.
In the 1980’s, during the time that Governor Russell was in office, the Cayman Islands requested a 200 mile exclusive fisheries zone, and the UK secured for Cayman a 200 mile exclusive fishing zone. At that time, no one foresaw that other economic activities within that 200 mile zone could put Cayman’s environment and economy at risk and so our government did not ask for and did not get a 200 mile exclusive economic zone. We need to secure a 200 mile EEZ now to protect our future.
Contrary to the simple-minded comment @6:43, claiming a 200 mile fisheries zone or EEZ does not mean Cayman will have patrol boats cruising downtown Havana. The 200 mile fisheries zone we currently have means that we are permitted to enforce our domestic fisheries laws (which sadly we don’t actually do) up to 200 miles beyond our territorial limits. Where neighbouring countries also claim such a 200 mile limit but the distance between our shores is less than 400 miles, our fisheries laws would generally be enforceable up to half the distance between Cayman and our neighbours. In the case of Honduras, the UK entered into a treaty with Honduras a few years ago on Cayman’s behalf that delineates our respective areas of enforcement competence where our claims over the sea overlap.
The 200 mile EEZ that is badly needed to protect Cayman’s future is now the standard in law of the sea. Cayman is one of the few jurisdictions that does not claim a 200 mile EEZ. The UK has secured a 200 mile EEZ for itself, Bermuda and a number of other OTs. Successive Cayman governments have simply not bothered to make the request.
If we now had a 200 mile EEZ we would be able to regulate activities that could damage our environment and economy.
In the present situation and for future situations that will inevitably arise, we need Mr. Panton and his colleagues to make a formal request to the UK NOW asking the UK to formally claim a 200 mile EEZ for Cayman.
You cant just claim areas where there is an overlap of the usual 200 mile zone – it has to be negotiated or referred for arbitration under the relevant treaty. In our case it is not simply halfway either. The party with the greatest degree of coastline is likely to succeed in claiming more than the smaller territory such as ourselves.
rubbish – look at the Honduras treaty before you post nonsense.
I wish there was a way to invite you to try it then hero. You have absolutely no clue what you are talking about.
If you are China you can do what you want. Difference between Cayman and them is they have a 5,000,000 man standing military to back it up.
Some people have absolutely no common sense because 200nm places you on land in both Cuba and Jamaica. and If Cuba and Jamaica did the same Cayman would lose more than they would gain.
200 miles? I highly doubt that claim. It is 140 miles to Cayo Largo, Cuba and just under 200 miles to Negril, Jamaica. So if what you say is true, Cayman interests could go fishing & conduct activities in another countries coastline & waters? Also the U.K. would be unable to grant any inclusion in international waters. Try to get your facts straight before spewing BS.
International shipping especially the maritime LPG. LNG, Product and Oil tanker business – this business was fine and perfectively acceptable practice in the Brac in the 1980’s when the shipping industry was allot less regulated and all tankers at that time were single hull tankers, however today the maritime industry is very tightly regulated, inspected and audited and operations such as the STS transfer business are carefully monitored and regulated having to comply with International Standards and Regulations for this practice with only double hull tankers in use today, in world wide shipping. All STS offshore activity is being carried out in International waters so [critics would] also have to stop all the STS activities in the US Gulf, Caribbean, Panama, Aruba, St Eustatius, Trinidad and the Bahamas in addition to well over 100 other jurisdictions around the world in International waters,
XXXX the Cruise Ship business is far more of an environmental risk to the Cayman Islands with cruise ships anchored so close to shore. They do not have double hull bottoms and sides that tankers do and they carry bunker fuels in double bottom tanks as all ships do.
Two main reason is they do offshore is to not paying any taxes to Cayman government also super tanker can’t dock in Cayman as no deep water. They need deeper water than cruise ships.
Why would they want to dock in Cayman?
There is exactly nothing Cayman can do about this even if there was a reason to get involved.
The UK has claimed for Cayman only a 12 mile territorial sea and a 200 mile fisheries zone but not a 200 mile exclusive economic zone. Therefore these ships are free to transfer oil and engage in other risky activities close to our shores.
The UK could claim such an exclusive economic zone for Cayman as it has for Bermuda and a number of other OTs.
Perhaps Mr. Panton and his colleagues could ask the UK to specify a 200 mile exclusive economic zone for Cayman rather than just a fisheries zone that Cayman does not enforce in any event.
The UN website which has the relevant information on this problem is: http://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/table_summary_of_claims.pdf
You dummy, 200 mile exclusive economic zone places Cayman well within and on land in Cuba and Jamaica.
You unkind idiot, the 200 mile exclusive economic zone is a concept that is modified where different nations are closer together than 400 miles apart. Think you are the first person to think of this limitation? Now who is the dummy?
From Wikipedia: “Generally, a state’s exclusive economic zone is an area beyond and adjacent to the territorial sea, extending seaward to a distance of no more than 200 nautical miles (370 km) out from its coastal baseline. The exception to this rule occurs when exclusive economic zones would overlap; that is, state coastal baselines are less than 400 nautical miles (740 km) apart. When an overlap occurs, it is up to the states to delineate the actual maritime boundary.[3] Generally, any point within an overlapping area defaults to the nearest state”.
YOUB ARE THE BIGGEST DUMMY, 200 miles means where no one else claims the sea and if some Country is closer than 200 miles, then Cayman and the other Country would share half between the two countries, which could be (EG) 50 miles each.
You have to love Wayne’s lackadaisical answer to Davy,
Davy, wha you want me do? Stop causin problems nah? Cha you don’t see I trying get elected agin…It ain’t nuttin PPM can do bout it anyhow. They out in international water and the wind go blow that lil bit of propane and gas way from ya anyway..If you want us save you a seat in West Bay dis time, you try go sit down and keep ya mout shut..
The Honorable Minister Mr. Wayne Panton is not some half-educated dim wit who Graduated high school lacking basic literacy skills. He is a qualified Lawyer, which means that even if he was a bad Lawyer, his level of education more than qualifies him for the position that he holds in our Government.
Regardless of your or my personal opinion of him, RESPECT is due to this son of our soil who has given of himself in service to his country and people.
I can’t say the same, can you?
Well with a name like Dick Wadd, I guess it does exclude you…
The vessels locally that are assisting should be clearing in and out of the country if they are operating 12 miles from shore, are they doing so?, if not that right there is a law broken and subject to the vessels being seized.
Does WIM have the correct business license to do this?.
The bigger question is what sea worthy condition are this tankers in? with new port regulations coming in all over the world in first world ports this may become a growing industry as a lot of these ships will not passed inspections and will not be allowed into ports , especially in the USA.
This happens everyday in the Gulf of Mexico off Texas and Louisiana.
Where it is regulated?
All ships and all shipping operations are highly regulated, have you not heard of IMO, Marpol, SOLAS, CLASS, OCIMF.
And which of them worry about local regulation? Or are you suggesting that within the
US EEZ in the Gulf they rely only on the acronyms you provided?
IMO (nope, thats International) MARPOL (only after the MARine POLlution has occurred). SOLAS is Safety Of Life At Sea, don’t really see how that plays in to it unless you’re expecting a ship-sinking explosion. OCIMF: Oil Companies International Marine Forum, yeah, that sounds like good local control protocols to use – are we? Any other acronyms you’d like to suggest are regulating this activity just off the bank?
Unfortunately you are unaware that vessels only clear if and when they enter a country’s territorial waters and not while they are in international waters which for Cayman the territorial waters is beyond 12nm
The CAYMAN EXCLUSIVE ECONOMIC ZONE (EEZ) extends some 60 to 70 miles out and around the islands and these economic activities within our zone are prohibited without the government permission…
Within the EEZ, the Cayman Islands has:
Sovereign rights for the purpose of exploring, exploiting, conserving and managing natural resources, whether living and nonliving, of the seabed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
Jurisdiction as provided for in international and domestic laws with regard to the establishment and use of artificial islands, installations, and structures, marine scientific research, and the protection and preservation of the marine environment; and
Other rights and duties provided for under international and domestic laws.
This could not be any clearer and Mr. Panton should start to brush up on his knowledge of maritime law and begin to pay attention…
Frank
Sorry but freedom of navigation on the high seas is still the rule. The EEZs are for the seabed and resources in the water. over it. Transshipment like this happens all over the place all the time.
Frank I am afraid you are out of your depth.
You seem to have a wealth of information. Will you please advise where we can find this law or regulation written down in black and white so we can look it up. Look forward to your reply to this question.
Perhaps the Royal Caymanian Navy could escort them away from our island.
SMH. You obviously need to stop shaking your head. What Panton said is 100% accurate. Exactly what do you want the government to do …pass a law that we cannot enforce????
Seriously stop shaking your head.
Who are the owners/partners of West Indian Marine ?
I believe the owners/partners are those who are strongly advocating against the cruise berthing facilities in Grand Cayman to protect their own daily interest in our waterfront activities.
I suppose it’s absolutely fine to say that the cruise berthing facility will destroy all coral in the George Town harbor including Seven Mile Beach, but it’s absolutely fine to make large sums of money per barrel – just immediately outside our territorial waters, passing dirty crude oil from one super tanker to another.
When an accidental spill occurs, will it be West Indian Marine or the the Cayman Islands Government and it’s people who will catch the flak internationally, for any environmental disaster just outside Cayman waters ?
Davy Ebanks is absolutely correct to be very concerned about this activity.
Cuba is now getting three hundred flights per week including direct flights from New York, Chicago, Houston and Los Angles and building their tourism product daily. The major cruise lines are also preparing to go full speed ahead to Cuba as well.
While this is taking place, our Cayman Islands advocates are erecting stumbling blocks and the politicians are sitting around with their fingers up their ass or paying consultants fees to buy time to the next election.
And your only worrying about CUBA now?
The handwriting has been on the wall for the last 30 years and we have done absolutely NOTHING to either protect what little we have or prepare for the rainy days ahead!
Cruise Ship Pier? Are we nuts?
Prostituting ourselves to the low-end cruise ship industry is EXACTLY what has killed the CAYMAN tourisim product.
It’s simple economics: 15% of the people have 85% of the money, so cater to the Rich & prosperity comes with it, like we did in the 1980’s.
The Rich like ‘exclusivity’ and ‘anominity’ … they don’t like overcrowded and over-subscribed and they certainly don’t like fighting with red-necks and trailer-trash for attension in exclusive shopping, beach & diving locations.
No-where on earth sold more cameras and Rolex watches than CAYMAN (per capita).
We earned more money then than we do now (30 years later) and we weren’t TAXED to death by our Government & we didn’t owe anyone a dime.
CAYMAN was Tax Free and Debt Free.
We need to go backwards if we are to move forwards.
Paretos law mate, nearly there, 80/20
What a load of non sense and misinformation
All of this is totally irrelevant !!!
This was done hundreds (maybe thousands ) of times safely off of the Sister Islands. Too many self appointed experts in Cayman now. Cayman will soon restrict itself out of existence.
If the stakeholders can make money off the backs of honest business, they will.
Why don’t they worry about the moon falling out of the sky? when people have nothing to do but talk it will always hold back progress
But it is going to fall, I saw it on the Weather channel…
Big question is why do they do this? There is no need, most ports have refueling facilities.
Most ports also subject ships that enter to be inspected annually.
Nothing to do with re-fueling. Transferring cargo to shuttle tankers means the ULCC’s (ultra-large crude carriers) do not have to navigate into the Gulf of Mexico to unload at Gulf Coast oil terminals.
Supertankers try not to have to dock anywhere.
Sorry but your comment does not make any sense. The article is not about “refueling”
Is this the same PPM government that passed the National Conservation Law?
Stupid response from Minister of Environment Wayne Panton.
What does West Indian Marine have to hide they have been printing money for years from this dangerous practice? I guess it helps to be a loyal supporter of the current administration then no rules apply or can be enforced. SMH
on more reason why the Cayman Islands should be claiming more than a 12 mile radius for all three islands.
also a very disappointing response from the minister to say the least.
I don’t think international law allows you to claim more than 12 miles as “territorial waters”. I would also suggest that Cayman has insufficient assets to allow it to carry out a meaningful offshore enforcement policy beyond 12 miles. The best bet is to regulate activity on-island. The EEZ goes out to 200nm. Need to talk to the UK about patrolling that.
Come on and think for a moment, 200nm places you on land in Cuba and in Jamaica
Trouble understanding English? “Goes out to” means that that is it’s limit., not that it’s 200nm in every direction. Every country with a coastline has a maritime EEZ, so where the coastlines are closer than 400nm, there is a compromise. It’s simple – look it up on Wikipedia – or continue posting nonsense on here if you prefer
Sorry, but you can’t claim more than the UK claims. You can’t control the 12 miles you do have anyway.
Yeah and we can enforce it by sending cat boats out and crew armed with coconuts and suicide iguanas
What about the off-shore operation that once happened off Cayman Brac and the many times people have called in about the start up of that same operation again?
That same spineless Ministry has dealt with that in the same manner it did with the Iguanas. When will they ever get something right? Procrastinators!
SMH – This is a very sad, vindictive comment which only shows some peoples jealously and envy against others creating jobs and new business for the country.
How many jobs has SMH ever created, NONE!