USCG and MARPOL Annex I

In 2008 the USCG carried out over 11,500 Port State Control exams. 18% of all deficiencies were related to Marine Pollution, with 69 MARPOL detainable deficiencies. In 2008 the USCG did 12 criminal referrals, the majority of which were MARPOL Annex I related cases. Virtually all USCG districts are represented, and the US Department of Justice handed out fines totaling about $20 million.

That was in 2008. This year the US House of Representative passed a bill allowing for an increase in USCG personnel by 1500 persons. At the same time USCG put in place a policy to improve the level of proficiency of the USCG port state control officer.

The above suggests that the capabilities and efficiencies of US port state control are improving and will continue to do so in the coming years. We suggest that ship owners and managers should look seriously at ensuring their crews are well trained, the records well kept and equipment adequately funded to reduce the risk of a port state incident.

The USCG states that they will not recommend criminal prosecution in case of a pollution incident, unless there is high level corporate involvement or willful blindness by management. USCG sees "willful blindness" in inadequate engine room budgets and spare parts availability.

The USCG has a clear plan on how to find polluters; the US DoJ has a clear perspective on how to deter polluters from polluting again; they are not doing this by the "seat of their pants". Shouldn't you have in place a "compliance management system" for "due diligence"?