The Maritime Advocate online–Issue 642


1. Cartner on the Loss of the El Faro
2. 50 Years of Maritime Law in Motion
3. NYPE Time Charter 2015
4. NAMEPA’s Annual Conference
5. What Code Colour does Shipping Enjoy?
6. People and Places

Situation Vacant

Apostleship of the Sea is seeking a Corporate Fundraising Officer to
join its innovative fundraising team in London. This role is focussed
on the identification and delivery of engaging and sustainable corporate
partnerships and will be responsible for managing a pipeline of prospects
to ensure the organisation meets its long and short term strategic objectives.

The key responsibilities for this role include:-
– Researching, identifying and approaching new corporate partnerships

– Build and develop new business introductions and relationships
– Lead on pitch and negotiation stages to secure new partners
– Maintain accurate contact management records to ensure clear reporting

– Report against income and expenditure budget

The successful applicant will have the following skills and experience:-

– Proven experience of developing innovative corporate propositions

– Significant experience of securing proactive corporate partnerships

– Exceptional listening skills and effective written and oral communication
skills with an inspiring communication style
– Creative, imaginative, shows initiative, a self-starter

Location London

Salary £35K pro rata, 4 days per week

Closes 30 Nov 2015
Interviews 14th December 2015

For an application pack or for more information contact John Green on
07505 653801 or:-

FOB Network News

The current count of Members is 3770.

FOB is social networking for the maritime classes. Members
are visible to other members but not the internet entire. There is no
flaming and there is a group open for most people’s taste. This time
of year the P&I World Group features the broker reports on the P&I
industry both mutual and fixed premium

Our new supply of news on the FOB News Page comes to us
from Sam Chamber and Co’s Splash 24/7 service for which we send many


Registration for FOB is gratis for individuals. Businesses
can take out a page for a small supporting contribution and we welcome
firms prepared to sponsor Group pages or advertise with us. This helps
to keep FOB a going concern and puts a smile on the face of our programmers
and accountants..

FOB is a project designed to adapt the new ways of using the internet
for the sorts of people who read The Maritime Advocate.

You are welcome to join

1. Cartner on the Loss of the El Faro

Our friends over at Maritime TV have sent us the link
to “Conversations with Cartner”, a weekly video and blog discussion
with Shipmaster and Maritime Lawyer, Dr. John A.C. Cartner.

In this program in the series, Dr. Cartner provides his
thoughts on the tragic loss of the S.S. El Faro, a few days after the
ship disappeared in the path of Hurricane Joaquin with 33 people aboard—28
Americans and five Poles. With what little is known, Dr. Cartner attempts
to provide some perspective, after the Coast Guard announced the vessel’s

2. 50 Years of Maritime Law in Motion

Peter Laurijssen FICS writes:-

On the occasion of its 50th anniversary, specialist law review ETL-
European Transport Law – is organizing a seminar in its home town of
Antwerp (Belgium) on 10th November, 2015. ETL has lined up a series
of internationally renowned specialists in maritime and transport law
as speakers, who will be looking back over 50 years of maritime law
in motion and at what the future may bring. Concurrently, a special
anniversary edition of ETL will be published with contributions from
these and other authorities in maritime law.

3. NYPE Time Charter 2015

Gemma Wilkie has sent in this news from BIMCO:-

BIMCO has today jointly issued the first revision of the New York Produce
Exchange Time Charter (NYPE) since 1993, following three years of intensive
discussions between BIMCO, copyright holder the Association of Ship
Brokers and Agents (ASBA) and the Singapore Maritime Foundation (SMF).

BIMCO, ASBA and the SMF have consulted with the industry globally during
the development of the new edition of NYPE to gather a clear picture
of commonly made amendments and rider clauses added by practitioners.
Careful account has been taken of the interests of owners and charterers
together to create a more balanced agreement than in previous versions
of the charter.

Key features of NYPE 2015 include:

* A choice of trip or period charter.
* Optional Not Always Afloat But Safely Aground (NAABSA) provision.
* Choice of cargo readiness at delivery port or first load port.
* Obligation on owners/charterers to restrict further employment immediately
prior to delivery/re-delivery that might delay the ship.
* Owners to provide and maintain Certificates of Financial Responsibility
for oil pollution as required at the start of the charter period.
* Detailed bunker provisions for period and trip charter options covering
quantities and prices; bunkering operations and sampling; quality and
liability; fuel testing; and low sulphur fuels.
* Updated and clarified hire payment provisions relating to grace period,
suspension and withdrawal consistent with recent legal decisions.
* Detailed and clarified speed and performance clause.
* A broad choice of law and arbitration options – New York/US law; London/English
law; Singapore/Singapore or English law; or a free choice agreed by
the parties.
*additional clauses dealing with a range of current issues:-

* hold cleaning/residue disposal in accordance with MARPOL;
* International Maritime Solid Bulk Cargoes (IMSBC) Code;
* hull fouling;
* electronic bills of lading;
*slow steaming;
*ISM/ISPS Codes;
*ballast water exchange regulations

For explanatory notes go to:-

For a sample copy of NYPE 2015 go to:-

4. NAMEPA’s Annual Conference

Carleen Lyden-Kluss writes:-

The theme of this year’s NAMEPA (North American Marine Environment
Protection Association) Annual Conference, ‘Managing Change in a Changing
World’, explores and discusses how to manage the changes in regulation,
energy efficiency, port waste reception facilities, leadership paradigms,
and cybersecurity. The conference will be held on October 29th at The
Water Club on East River at 30th Street in New York, NY beginning at

“Our industry is evolving at a pace that is faster than ever
before and will not be lessening,” stated Clay Maitland, Founding
Chairman of NAMEPA. “We need the awareness and the tools for managing
this change.”

An increased public demand for performance and the industry’s need
to respond in an efficient and cost effective manner will drive discussions
on managing the changing regulatory framework and evolving technologies.
Also, a senior leadership roundtable will share their experiences in
managing changes in their organizations.

The opening keynote speaker will be RDML Paul Thomas, Assistant Commandant
for Prevention Policy of the United States Coast Guard. Katie Cubina
of Sea Research Foundation will deliver the luncheon keynote address
updating industry on managing a balance between conservation and commerce.
Other speakers include Paal Johansen of DNV GL, Anuj Chopra of RightShip,
Matt Thomas of Blank Rome, Captain David Condino of the US Coast Guard,
Tim Curl of Nature Environment & Marine Services, Jorge Duran of
OAS/CIP, Ginger Garte of Lloyd’s Register, Lars Pedersen of BIMCO, and
James Watson of ABS Americas. The senior leadership roundtable will
feature some of the NAMEPA Marine Environment Protection Award winners:
Marc Gagnon of Fednav, Paul “Chip” Jaenichen of MARAD, Jeffrey
Pribor of Jefferies, Jim Butler of Alaska Maritime Prevention and Response
Network, and Chris Koch, retired President and CEO of World Shipping

The day will be capped by NAMEPA’s Annual Awards Dinner, which will
honor Fednav, MARAD, Alaska Maritime Prevention and Response Network,
Jefferies, Maritime Solutions, ORCA (Oil Response Cleaning Apparatus),
Massachusetts Maritime Academy, and Jack Gallagher and Dave Barry of
Gallagher Marine Systems. Chris Koch, retired President and CEO of World
Shipping Council will receive the Lifetime Achievement Award.

To see the full program, hotel information and to register for this
event, please visit:-


5. What Code Colour does Shipping Enjoy?

It has been a while since we last featured the thoughts of the sanest
man in Security, Bruce Schneier. Here is an essay which appears in his
latest newsletter:-

Living in a Code Yellow World

In the 1980s, handgun expert Jeff Cooper invented something called
the Color Code to describe what he called the “combat mind-set.”
Here is his summary-:

In White you are unprepared and unready to take lethal
action. If you are attacked in White you will probably
die unless your adversary is totally inept.

In Yellow you bring yourself to the understanding that your
life may be in danger and that you may have to do something
about it.

In Orange you have determined upon a specific adversary and
are prepared to take action which may result in his death,
but you are not in a lethal mode.

In Red you are in a lethal mode and will shoot if
circumstances warrant.

Cooper talked about remaining in Code Yellow over time, but he didn’t
write about its psychological toll. It’s significant. Our brains can’t
be on that alert level constantly. We need downtime. We need to relax.
This is why we have friends around whom we can let our guard down and
homes where we can close our doors to outsiders. We only want to visit
Yellowland occasionally.

Since 9/11, the US has increasingly become Yellowland, a place where
we assume danger is imminent. It’s damaging to us individually and as
a society.

I don’t mean to minimize actual danger. Some people really do live
in a Code Yellow world, due to the failures of government in their home
countries. Even there, we know how hard it is for them to maintain a
constant level of alertness in the face of constant danger. Psychologist
Abraham Maslow wrote about this, making safety a basic level in his
hierarchy of needs. A lack of safety makes people anxious and tense,
and the long term effects are debilitating.

The same effects occur when we believe we’re living in an unsafe situation
even if we’re not. The psychological term for this is hypervigilance.
Hypervigilance in the face of imagined danger causes stress and anxiety.
This, in turn, alters how your hippocampus functions, and causes an
excess of cortisol in your body. Now cortisol is great in small and
infrequent doses, and helps you run away from tigers. But it destroys
your brain and body if you marinate in it for extended periods of time.

Not only does trying to live in Yellowland harm you physically, it
changes how you interact with your environment and it impairs your judgment.
You forget what’s normal and start seeing the enemy everywhere. Terrorism
actually relies on this kind of reaction to succeed.

Here’s an example from The Washington Post last year: “I was taking
pictures of my daughters. A stranger thought I was exploiting them.”
A father wrote about his run-in with an off-duty DHS agent, who interpreted
an innocent family photoshoot as something nefarious and proceeded to
harass and lecture the family. That the parents were white and the daughters
Asian added a racist element to the encounter.

At the time, people wrote about this as an example of worst-case thinking,
saying that as a DHS agent, “he’s paid to suspect the worst at
all times and butt in.” While, yes, it was a “disturbing reminder
of how the mantra of ‘see something, say something’ has muddied the
waters of what constitutes suspicious activity,” I think there’s
a deeper story here. The agent is trying to live his life in Yellowland,
and it caused him to see predators where there weren’t any.

I call these “movie-plot threats,” scenarios that would make
great action movies but that are implausible in real life. Yellowland
is filled with them.

Last December former DHS director Tom Ridge wrote about the security
risks of building a NFL stadium near the Los Angeles Airport. His report
is full of movie-plot threats, including terrorists shooting down a
plane and crashing it into a stadium. His conclusion, that it is simply
too dangerous to build a sports stadium within a few miles of the airport,
is absurd. He’s been living too long in Yellowland.

That our brains aren’t built to live in Yellowland makes sense, because
actual attacks are rare. The person walking towards you on the street
isn’t an attacker. The person doing something unexpected over there
isn’t a terrorist. Crashing an airplane into a sports stadium is more
suitable to a Die Hard movie than real life. And the white man taking
pictures of two Asian teenagers on a ferry isn’t a sex slaver. (I mean,

Most of us, that DHS agent included, are complete amateurs at knowing
the difference between something benign and something that’s actually
dangerous. Combine this with the rarity of attacks, and you end up with
an overwhelming number of false alarms. This is the ultimate problem
with programs like “see something, say something.” They waste
an enormous amount of time and money.

Those of us fortunate enough to live in a Code White society are much
better served acting like we do. This is something we need to learn
at all levels, from our personal interactions to our national policy.
Since the terrorist attacks of 9/11, many of our counterterrorism policies
have helped convince people they’re not safe, and that they need to
be in a constant state of readiness. We need our leaders to lead us
out of Yellowland, not to perpetuate it.

6. People and Places

Chris Shirling-Rooke has been confirmed as the new CEO for Mersey Maritime
following the retirement of his predecessor, Jim Teasdale.

Mr Shirling-Rooke, who joined Mersey Maritime as Commercial Director
in 2013, took on the role of Acting CEO 12 months ago and, during that
time, has been instrumental in forming strategic partnerships with key
Mersey Maritime members including Liverpool John Moores University (LJMU),
Dong Energy, the Peel Group and Seatruck to forge closer links with
the education sector and maritime businesses in the Liverpool City Region.

The success of these ventures has culminated in a recent major announcement
that the disused Grade II-listed Hydraulic Tower in Wirral’s docklands
is to be transformed into a £30m ‘Maritime Knowledge Hub’,
for advanced manufacturing and engineering skills, and business support.


Lloyd Warwick has opened an associate office in Johannesburg, South
Africa. The new office complements the existing global network, which
serves the mining, energy, heavy industry and power generation insurance

The new office is located at:-

Lloyd Warwick International (South Africa) Pty Ltd
140 A Kelvin Drive, Morningside Manor, Johannesburg, South Africa


Club Managers Thomas Miller have acquired a controlling shareholding
in Osprey Holdings Ltd, a provider of marine and aerospace insurance
products. The purchase is subject to regulatory approval.

Established as an Underwriting Agency in 1991, Osprey offers a broad
range of marine insurance products and has recently diversified into
aerospace. Osprey’s growth since 1991 has come from delivering
fixed premium P&I and related insurance solutions to niche markets
around the world and notably it was one of the first such dedicated
Agencies to do so in the London insurance market.

Editorial Note: Readers who would like to know more about Osprey in
particular and the fixed premium P&I market in general can access
the thorough report of Messrs AJ Gallager here for enlightenment:-



From the Avo Archive

The website of this newsletter contains all the editorial material
since the inception of the Maritime Advocate as a print based quarterly
in 1997 under the founding aegis of John Guy, Chris Hewer and Manfred
Arnold. Readers can go to the site and search the database on the home
page in its entirety. If you are looking for an old case, an old controversy
or you would just like to see how many times you and your firm have
featured in our annals feel free to access the archive. It is like this
e-zine, free to Readers and we always appreciate the support of advertisers
and sponsors.

Our researches lately took us to this item on maritime language which
appeared in Issue 299 of April 17th, 2007

Speaking the language

AMERICAN humorist Robert Benchley once said that examining words was
one of the easiest methods of acquiring insanity. He wrote, “Just
examine a word you have written, and then call up Dr Jessup and tell
him to come and get you. Tell him to wear just what he has on.”

One wonders what Benchley would have made of the maritime lexicon,
which in truth hasn’t changed very much in the 62 years since his death.
Take a word like ‘demurrage’, for instance. Please. Can there really
be such a word? And don’t mention ‘deadfreight’, which even the American
spell-checker doesn’t recognise.

Some people, especially all of them, believe that the maritime lexicon
was written and developed by lawyers, so that they could decide what
it meant, when it suited them. This is nonsense. Lawyers are not that
clever. The maritime language has developed through the thoughts and
exigencies of generations of seafarers, and any attempt to interfere
with it is not likely to succeed.

Some years ago, somebody invented a language called ‘Seaspeak’, but
its failure to catch on may lie in the pursuit of too much simplification.
For example, Clause 4 of the Asbatankvoy charter, which reads, “The
Charterer shall name the loading port or ports at least twenty-four
(24) hours prior to the Vessel’s readiness to sail from the last previous
port of discharge, or from bunkering port for the voyage, or upon signing
this Charter if the Vessel has already sailed,” is rendered in
Seaspeak simply as, ‘Whatever’.

This is not to say that Seaspeak is dead. But it is, at best, resting.
Shipping, like other industries, should stick to its knitting. It has
its own language, and its own lawyers and arbitrators to sort out what
it means, if anything. Similarly, people should stick to their own industries.

It was always a bad idea for P&I clubs to insure architects, and
an even worse idea for anybody to allow European dentists to become
shipowners. At the height of the latter craze, a root canal specialist
in Odense, boasting to a charterer sitting in his surgery that he was
part-owner of a fleet of twenty tankers, was mortified to be told, “That’s
a lot of bottoms.”

Bad News

When the blond answered her front door, it was only to hear the sorry
tidings, shouted through the crack of the open door, that her husband
had been killed.

“And that’s not the worst of it, Ma’am,” said the foreman.
“He was run over by a steamroller.”

“I’m in my bathrobe,” said the new widow. “Could you
slip him under the door?”

Marketing–Its all in the Writing

According to Paul Dixon, these all escaped the proof readers eagle

“Include your children when baking cookies!

“Safety Experts Say School Bus Passengers Should Be Belted

“Something Went Wrong in Jet Crash, Expert Says

“British Left Waffles on Falkland Islands

“Lost: small apricot poodle. Reward. Neutered. Like one of the

“A superb and inexpensive restaurant. Fine food expertly served
by waitresses in appetizing forms.

“Dinner Special —
Turkey $2.35;
Chicken or Beef $2.25;
Children $2.00.

“For sale: an antique desk suitable for lady with thick legs and
large drawers.

“For sale: a quilted high chair that can be made into a table,
pottie chair, rocking horse, refrigerator, spring coat, size 8 and fur

“Four-poster bed, 101 years old. Perfect for antique lover.

“Now is your chance to have your ears pierced and get an extra
pair to take home, too.

“Wanted: 50 girls for stripping machine operators in factory

“Wanted: Unmarried girls to pick fresh fruit and produce at night.

“We do not tear your clothing with machinery. We do it carefully
by hand.

“No matter what your topcoat is made of, this miracle spray will
make it really repellent.

“For Sale. Three canaries of undermined sex.

“Great Dames for sale.

“Have several very old dresses from grandmother in beautiful

“Tired of cleaning yourself? Let me do it.

“20 dozen bottles of excelle[bsbb] The Sunday Funnies 06.ems nt
Old Tawny Port, sold to pay for charges, the owner having lost sight
of, and bottled by us last year.

“Dog for sale: eats anything and is fond of children.

“Vacation Special: have your home exterminated.

“If you think you’ve seen everything in Paris, visit the Pere
Lachasis Cemetery. It boasts such immortals as Moliere, Jean de la Fontain,
and Chopin.

“Mt. Kilimanjaro, the breathtaking backdrop for the Serena Lodge.
Swim in the lovely pool while you drink it all in.

“The hotel has bowling alleys, tennis courts, comfortable beds,
and other athletic facilities.

“Get rid of aunts: Zap does the job in 24 hours.

“Toaster: A gift that every member of the family appreciates.
Automatically burns toast.

“Sheer stockings. Designed for fancy dress, but so serviceable
that lots of women wear nothing else.

“Stock up and save. Limit: one.

“Save regularly in our bank. You’ll never reget it.

“We build bodies that last a lifetime. Offer expires December
31 or while supplies last.

“This is the model home for your future. It was panned by Better
Homes and Gardens.

“For Sale–Diamonds $20; microscopes $15.

“For Rent: 6-room hated apartment.

“Man, honest. Will take anything.

“Wanted: chambermaid in rectory. Love in, $200 a month. References

“Wanted: Part-time married girls for soda fountain in sandwich

“Man wanted to work in dynamite factory. Must be willing to travel.

“Used Cars: Why go elsewhere to be cheated? Come here first!

“Christmans tag-sale. Handmade gifts for the hard-to-find person.

“Modular Sofas. Only $299. For rest or fore play.

“Wanted: Hair-cutter. Excellent growth potential.

“Wanted. Man to take care of cow that does not smoke or drink.

“3-year-old teacher need for pre-school. Experience preferred.

“Our experienced Mom will care for your child. Fenced yard, meals,
and smacks included.[bsbb] The Sunday Funnies 06.ems

“Our bikinis are exciting. They are simply the tops.

“Auto Repair Service. Free pick-up and delivery. Try us once,
you’ll never go anywhere again.

“See ladies blouses. 50% off!

“Wanted: Preparer of food. Must be dependable, like the food business,
and be willing to get hands dirty.

“Illiterate? Write today for free help.

“Girl wanted to assist magician in cutting-off-head illusion.
Blue Cross and salary.

“Wanted. Widower with school-age children requires person to assume
general housekeeping duties. Must be capable of contributing to growth
of family.

“Mixing bowl set designed to please a cook with round bottom for
efficient beating.

“Mother’s helper–peasant working conditions.

“Semi-Annual after-Christmas Sale.

“And now, the Superstore–unequaled in size, unmatched in variety,
unrivaled inconvenience.

“We will oil your sewing machine and adjust tension in your home
for $1.00.

Thanks for Reading the Maritime Advocate online

Maritime Advocate Online is a weekly digest of news and views on the
maritime industries, with particular reference to legal issues and dispute
resolution. It is published to over 19 500 individual subscribers each
week and republished within firms and organisations all over the maritime
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