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"Getting Gil?"

M/V Ady Gil Vs. M/V Shonan Maru 2

Who Caused The Collision? You Decide

A Cargo Law Mystery

Feature Date: Feb. 7 2010

Event Date: Jan. 6 2010

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On The Scene -- In The Southern Ocean

 A 2010 Countryman & McDaniel

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The Controversy Surrounding Sea Shepherd.- Feb. 9 2010

Reader Comments - Who Did It? Which Vessel Is To Blame?

Our Cargo Law Expert Renders A Decision On Cause - Feb. 11 2010

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Other Great Disasters of our Time

The Cargo Letter Photo Gallery of Transport Loss - Items Below Are Only A Sample

"Bear Eats Cub" - Jan. 30 2010

"Life & Death At Port -au-Prince" - Jan. 12 2010

"Miracle At Kingston" - Dec. 31 2009

"Did You Hear That?" - Dec. 26 2009

"Star Crossed" - JDS Kurama - Dec. 1 2009

"General Motors Increases Training" - Nov. 28 2009

"Singapore Sling" - M/V MSC Kalina - Nov. 12 2009

"Road Warrior" - Important Moments In Transport History - Nov. 2009

"The Bridge On The River Shetrumji" - India Road Trip - Nov. 2009

"Make 25 Knots, Then Sit" - M/V Marko Polo - Nov. 2009

"Reefer Madness" - M/V Vega Gotland - Oct. 2009

"Meet Me At The Roundabout" - M/V MCS Nikita - Sept. 2009

"Auckward Straddle" - Sept. 2009

"Death of M/V Ioannis N.V." - August 2009

"Big Bunch 'O Black Barges - Beached" - Barge Margaret

"Walvis Wollover" - June 2009

"Pacific Mis-Adventure" - May 2009

"MV Maersk Alabama - 206 Year Deja Vu" - April 2009

"The Retaking of M/V Maersk Alabama" - April 2009

"Miracle At Schiphol" - Flight TK 1951 - March. 2009

"Do Not Chill" - FedEx life with the ATR-42 - March. 2009

"Miracle On The Hudson" - Flight 1549 - Jan. 2009

"The Attack On M/V Zhen Hua 4" - Dec. 2008

"The Taking of MT Biscaglia" - Jan. 2009

"M/V Ciudad de Ushuaia Stuck At The Pole" - Dec. 2008

"The Taking of M/T Sirius Star" - Somalia Pirates Take Supertanker - Stakes Raised - Nov.- Jan. 2008

"Fedra Backs In" - Death of M/V Fedra" - Oct. 2008

"Tank You, From The Somali Pirates" - Somalia - M/V Faina - Sept.- Jan. 2009

"The Death of Hercules" - Nov. 2008

"JAXPORT Jumble" - August 2008

"Callsign Connie: 44 Tragic Days" - July 2008

"Too Little Runway - Too Much Plane" - TACA Flt 390 - June 2008

"Recurring Dream" - M/V Norwegian Dream - May 2008

"Paradise & Pirates" - S/V Le Ponant - April 2008

"The Light At The End of The Tunnel" - M/V Zhen Hua 10 & 23 - Mar. 2008

"Mess At Manzanillo" - M/V CMA CGM Dahlia - Mar. 2008

"Big Battered Banana Boat" - M/V Horncliff - Feb. 2008

"Back To The Beach" - M/V Riverdance - Feb. 2008

"Glider Operations At Heathrow" -- B-777 Crash - Jan. 2008

"Fighting Fires On Mars"- Martin Mars - Dec. 2007

"Steeplechase"- A340 - Nov. 2007

"Explorer Ship Down" - M/V Explorer - Nov. 2007

"Kwanyang Crane Kaboom" - Nov. 2007

"Den Den Done" - M/V Denden - Sept. 2007

"For The "L" of It" - M/V Action Alpha - August 2007

"Stack Attack!" - M/V Ital Florida - July 2007

"Pepito Flores Did Not Need To Die " - OUR INVESTIGATION RESULTS

"Riding Down The Marquis" - M/V Rickmars Dalian - June2007

"Carrying Coal To Newcastle" - M/V Pasha Bulker - June 2007

"Between A Yacht & A Hard Place" M/V Madame Butterfly - May 2007

"Boxing Up The Rhine" M/V Excelsior - April 2007

"Best Worst Laid Plans?" M/V Republica di Genoa - March 2007

"Crack'n On The Sidmouth" - M/V MSC Napoli - Jan. 2007 - Disaster In Real Time

"Full Speed Ahead" - M/V Alva Star - Nov. 2006

"Where The Trade Winds Blew" - Oct. 2006

"Maersk Montevideo Melee!" - M/V Leda Maersk - Oct. 2006

"Laying Down On The Job" - M/V Cougar Ace -- Aug. 2006 -- Amazing !

"Vine Ripened Tires" - M/V Saga Spray -- May 2006 -- Amazing !

"Singles Only" -- Our One Photo Disasters

These Are Only Examples

"Mis-Fortune" - M/V Hyundai Fortune - March 2006

"Scheldt Snafu!" - M/V Grande Nigeria - Feb. 2006

"A Day A The Beach - M/V APL Panama - Jan. 2006 - OUR EPIC COVERAGE

"NO Rails" - destruction of New Orleans - Dec. 2005

"Backhaul !" - for July 2005

"The Boeing Tri-Motor" - for April 2005

"Catch of The Day" - for March 2005

"One Brick Short of A Runway" - for Jan. 2005

"Taichung Tumble" - May 2009

"World's Most Stupid Pirates" - May 2009

"LAX Lunch Deja Vu" - May 2009

M/T Vicuna Explodes - for Jan. 2005

"Unstacked" - overboard & Dr. Beach - Nov. 2004

"Coal Face" - the cargo was danger - July 2004

"Super Loss" - March 2004

"On A Wing & A Prayer" - Jan. 2004

"Stepping In It" - Dec. 2003

"Angel Fire" - Nov. 2003

"Broken Spirit" - M/V Tasman Spirit - Aug. 2003

"Denise & Polargo" - a love story - July 2003

"Columbia River Round Up" - June 2003

"Keel Hualed" - M/V Hual Europe - May 2003

"Thrice Bitten" -- M/V Tricolor - Jan. 2003

"Ramp-Age" - Feb. 2003

"Piñata" - breaking the box - Jan. 2003

"Halifax Hash"--M/V Maersk Carolina - Jan. 2003

"Thar She Blows!" - M/V Hanjin Pennsylvania - Nov. 2002

"T-E-U Bar-Be-Cue" - aftermath of M/V Hanjin Pennsylvania

"Container Pool" - a mystery - May 2002

"Strangers On My Flight" -- by Frank Sinatra - don't blame us - we only report this stuff!

"Dropping In On The Trucker" - it happened again - April 2002

"UNDER Achiever" - tell your friends ! - March 2002

Tell It To The U.S. Marines! - A Symbol of Our Day of Infamy - Sept. 11

Heavy Metal - lifting the un-liftable object - Disaster at Monrovia July 2001

Rail Mate -- an Egyptian rail loss - Tragedy At Ain Sokhna July 2001

Meals: Ready To Explode - Navy container barbecue at Guam! June 2001

America West Kisses Concrete M/V Ville De Orion - stack shift at LAX

U.S. Navy EP- 3 -- China Hostage Situation - Spring 2001

Attack On USS Cole (DDG-67) - - Dramatic Photos!

M/V OOCL America - Feb. 2000

M/V APL China - world's greatest container disaster - Nov. 1998

M/V New Carissa - the ship that would not die - 1999

M/V Tampa Maersk "on a dock diet"

Hanjin's Bad Stab - Under The Dock At Pusan, Korea - Exclusive Photo!

The Cargo Letter Photo Gallery of Transport Loss

 

 

 

 

 

"Getting Gil?"

M/V Ady Gil Vs. M/V Shonan Maru 2

On The Scene In The Southern Ocean

Who Caused The Collision?

January 6 2010

 

 

M//V Ady Gil - In Better Days

M/V Ady Gil
M/V Shonan Maru 2

Ex- Earthrace (2006-09)

Type: Trimaran

Owner: Pete Bethune

Port of registry: Auckland, New Zealand

Builder: Calibre Boats

Laid down: January 2005

Launched: February 22, 2006

Fate: Reported as sinking on January 7, 2010 at 17:20 GMT after collision with M/V Sh?nan Maru 2

Displacement: 13 ton

Length: 78 ft (24 m)

Beam: 23 ft (7.0 m)

Draught: 4 ft (1.2 m)

Draft: 14 ft (4.3 m)

Propulsion: 2 x 350 kW (540 hp) Cummins Mercruise

Gearboxes: ZF 305A (single speed)

Speed: 45 knots (83.3 km/h)

Range: 3,000 nautical miles (5,556 km) from 10,000 litres (2,200 imp gal) of fuel capacity

Complement: 4&endash;8

Class and type: Fisheries

Launched: 1972

Operator: Institute of Cetacean Research

Port of registry: Okinawa Prefecture, Japan.

Builder: Hitachi Shipbuilding, Osaka

Tonnage: 491 DWT:

Length: 52.3 meters (172 ft)

Beam: 8.6 meters (28.2 ft)

Draft: 3.4 meters (11.2 ft)

Decks: 80 square meters

Propulsion: 1 x Diesel 1100BHP

Speed: 12 knots

Crew: 9

Identification: IMO Number: 7225166

MMSI Number: 431934000

Callsign: JFCF

Status: Active: Southern Ocean and Antarctic Ocean

A Cargo Nightmare Prize Contender

The Date: January 6 2010

The Time: 1500 Hrs.

The Place: In The Southern Ocean off New Zealand

Hollywood Businessman Ady Gil Bankrolled A New Vessel For The Sea Shepard 2010 Season.

A US$2M Trimaran Superboat Originally Named M/V Earthrace Which Claimed The World Record For Circumnavigating The Globe.

 Wave-Piercing Trimaran M/V Ady Gil At Home Port In Auckland, New Zealand

M/V Ady Gil, ex-Earthrace, was a 78-foot (24 m), wave-piercing trimaran, which was originally created as part of a project to break the world record for circumnavigating the globe in a powerboat. The vessel was powered by biodiesel fuel, but was also capable of running on regular diesel fuel. It used other eco-friendly materials, such as vegetable oil lubricants, hemp composites, and non-toxic anti-fouling, and had features such as bilge water filters.

The first attempt at the global circumnavigation record in 2007 was ill-fated. The boat several times encountered mechanical problems, and collided with a Guatemalan fishing boat, killing one of the other boat's crew. While the crew of the M/V Earthrace was later absolved of any responsibility, the delay forced the restart of the record attempt, while more mechanical issues later aborted it. In 2008, the second journey proved successful - though again, numerous technical problems had to be overcome before the record was achieved, with the vessel finally making the return to Sagunto, Spain after just under 61 days on June 27, 2008.

  

In late 2009, it was announced that the vessel, now repainted black and named M/V Ady Gil, would be participating in anti-whaling operations under the lead of the Sea Shepherd Conservation Society.

Stern View of M/V Ady Gil

Modern M/V Ady Gil Cockpit For Open Ocean Fast Operations
On The M/V Ady Gil Flight Deck

It was announced that M/V Earthrace would accompany Sea Shepherd in its 2009-10 operations (named 'Waltzing Matilda' against Japanese whaling in the Southern Ocean Whale Sanctuary. Pete Bethune, the operator, said that an agreement was reached with Sea Shepherd for the vessel to adopt a support role. Sea Shepherd noted that the vessel had been the only one in the fleet fast enough to keep up with all vessels of the Japanese whaling fleet.

On October 17, 2009, M/V Earthrace was presented to the media with a new black paint job, and it was re-named M/V Ady Gil, after the name of a major sponsor (a Hollywood lighting-equipment magnate who had donated US$1M to the group). The new paint job and futuristic appearance of the boat itself often evoked comparisons to Batman vehicles and stealth crafts in the media.

4-8 layers of Kevlar were added to protect the hull against ice with the thickness depending on the location, with all areas under the waterline getting the extra laminations of kevlar as well as some areas above the waterline. To reduce its radar profile for the Japanese fleet, the ship was painted with a paint intended to scatter radar signals and a broadband radar which has near-zero radar emissions. Despite being referred to a a stealth craft, M/V Ady Gil lacks the flat sides and very sharp angles used in stealth craft to reduce the sufaces for radar to bounce off. Other electronics upgrades included FLIR cameras, Iridium satellite communications as well as an array of speakers which were intended for propaganda purposes. Bethune said that he intended to play songs like Tangaroa from New Zealand musician Tiki Taane to the whalers, a "growling big sort of a song about the God of the Sea who looks after us".

The Sea Shepherd crew said before the journey that M/V Ady Gil would not be used as a confrontational vessel like the M/V Steve Irwin. However, appearing to contradict this, Sea Shepherd leader Paul Watson stated in October 2009 that with a top speed of 50 knots, the vessel would be used to intercept the harpoon ships and physically block them from harpooning whales, allowing Sea Shepherd to "mount the most ambitious and aggressive effort to date to obstruct the slaughter of the whales in the Southern Ocean."

While many see the Sea Shepherd operation to help preserve a precious natural resource, others consider these mariners are pirates and a menace to safety.

M/V Ady Gil Crew Discusses The Anti-Whaling Voyage To The Southern Ocean

The Anti-Whaling Voyage of M/V Ady Gil Begins To The Southern Ocean

M/V Ady Gil Departs Auckland For The Southern Ocean In December 2009

A Major Foe Will Be Japanese Institute of Cetacean Research Vessel M/V Shonan Maru 2 Which Sields The Whaling Fleet

Japanese Institute of Cetacean Research Vessel M/V Shonan Maru 2

The Vessel Has The Rig of A Harpoon Ship

M/V Shonan Maru No. 2, A Harpoon Ship Which Is Part of The Japanese Whaling fFeet

Seen Beyond An Iceberg In The Antarctic Southern Ocean On Dec. 18 2009

M/V Ady Gil Has Arrived In The Southern Ocean With Escort M/V Bob Barker

M/V Shonan Maru No. 2 Is Engagded In A Game Of Cat & Mouse With M/V Ady Gil In The Southern Ocean In Dec. 2009

To Thwart Whaling Activity The Crew of M/V Ady Gil Casts A Laser Onto The Bridge of M/V Shonan Maru No. 2

The Conduct Is Objectively Reckless, But Does It Matter We Are Within A Marine Sanctuary?

Tempers Have Reached A Boiling Point. Ship Happens At Any Boiling Point.

M/V Ady Gil Starts A Run To Harass M/V Shonan Maru 2

During the days before the collision, M/V Ady Gil harassed Japanese whaling vessels during their hunt. The crew ,towed ropes in an attempt to foul the propellers of the Japanese ships and pointed photonic disruptors at the crew of M/V Shonan Maru 2 while using a projectile launcher to fire capsules of foul-smelling butyric acid. Is this illegal conduct warranted?

M/V Ady Gil Is Equipped With Screw Fouling Ropes & Capsules of Foul-Smelling Butyric Acid. Justified?

The Crew of Feels Accomplishment of A Run On M/V Shonan Maru 2. Heroes Or Pirates?

But Now Tempers Have Passe Beyond The Boiling Point. Ancient Blood Gives Rise. Has M/V Shonan Maru 2 Been Harassed Too Much?

The Cargo Letter - Jan. 8 2010

Anti-whaling group Sea Shepherds' 78-ft speed vessel M/V Ady Gil (ex-Earth Race), with crew of 6, was struck by Japanese whaling vessel M/V Shonan Maru 2 on Jan. 6 in a stand off in the Southern Ocean and ultimately sank on Jan. 8. No serious injuries reported. [From our Sr. Correspondent Tim Schwabedissen, 8-1-10]
M/V Shonan Maru 2 Bears Down On M/V Ady Gil

This Picture Was Taken on Dec. 18 2009 -- An Indication of What Was To Come

 

Japanese Harpoon Vessel M/V Shonan Maru 2 Fires Water Cannon & Bears Down On M/V Ady Gil -- Jan. 6 2009

But -- M/V Ady Gil Has Crossed The "T' -- Vessels At The Moment of Truth -- The Moment of Collision

Experts Are Divided Over Which Vessel Caused The Collision -- But All Agree The Practices Are Dangerous On Both Sides

Watch Collision Video From Both Sides & Decide
-- see below
 

M/V Ady Gil Takes The Hit And Is Thrown To Starboard

M/V Ady Gil Crew Is Blasted To The Deck

M/V Ady Gil Is Crushed At The Bow By The Ramming of M/V Shonan Maru 2

M/V Ady Gil Is Left In The Wake As The M/V Shonan Maru No. 2 Water Cannon Fires

M/V Ady Gil -- World Record For Circumnavigating The Globe -- Now In Ruins

On January 6, 2010 the vessel was involved in a collision at sea with the Japanese M/V Shonan Maru 2, which was engaged in security and support for the whaling fleet. One of M/V Ady Gil's six crew members, a New Zealand cameraman, sustained broken ribs. Crew on three vessels, M/V Shonan Maru 2, M/V Ady Gil, and M/V Bob Barker, a Sea Shepherd Conservation Society support ship, took footage of the incident, and video of the incident has been released by both the Institute of Cetacean Research and the Sea Shepherd Conservation Society.

Each side blames the other for the incident, arguing that the skipper of the other vessel must have miscalculated during a dangerous maneuver. According to Capt. Paul Watson, President of the Sea Shepherd Conservation Society, both vessels were stationary in the water when M/V Shonan Maru No. 2 started up and then steered deliberately into M/V Ady Gil. The Japanese Fisheries Agency blames the collision on Sea Shepherd, saying M/V Shonan Maru No. 2 had employed a water cannon to deter M/V Ady Gil, but the anti-whaling vessel undertook maneuvers like suddenly reducing speed, resulting in the collision. Opinions in news media organisations vary similarly. Some blame M/V Ady Gil for powering up to intentionally propel itself into the whaler's path, some accuse M/V Shonan Maru No. 2 of intentionally ramming a stationary vessel - with both sides basing their views primarily on the released video footage. Others place the blame more evenly.

Crew of M/V Bob Barker Rescues M/V Ady Gil Crew

The vessel's six crew members were rescued from the stricken craft by the crew of M/V Bob Barker, a former Norwegian whaler recently purchased and refitted with a US$5M donation from Bob Barker, who hosted the TV game show "The Price Is Right" for 35 years. M/V Bob Barker would share the pain on Feb. 6 2010.

M/V Ady Gil Would Sink In The Southern Ocean Jan. 8 2010

Having sustained severe damage, M/V Ady Gil was abandoned in the early morning hours of January 8 whilst it was being towed towards the French Dumont d'Urville Station in Antarctica. While weather conditions had been reported as favorable for the salvage attempt, the process of towing the vessel was reported to have caused it to take on more water. The abandonment was criticized by the Institute of Cetacean Research due to the 'willful polluting' of the Antarctic seas via a substance, thought to be fuel, seen leaking from the abandoned vessel in an Institute video. The Institute also claimed to have recovered a number of large-size arrows floating near the wreck, arguing that these proved Sea Shepherd was willing to endanger human life with their tactics. Sea Shepherd responded that all fuel and oil had been taken off-board the drifting vessel, at risk to the crew, and accused the Institute of manufacturing fake evidence themselves to slander Sea Shepherd.

The Cargo Letter - Jan. 10 2010

On January 6, 2010 the vessel was involved in a collision at sea with M/V Ady Gilwhich was assisting Sea Shepherd operations against Japanese whaling in the Southern Ocean Whale Sanctuary. Out of the crew of six from the M/V Ady Gil, one New Zealand cameraman sustained broken ribs.The M/V Ady Gil, sank soon after. The third vessel at location, Sea Shepherd's M/V Bob Barker, and the M/V Shonan Maru 2, took footage of the incident. Video of the incident has been released by both Institute of Cetacean Research and Sea Shepherd Conservation Society.

Both sides blamed each other, each stating that the other side miscalculated a maneuver. The New Zealand government expressed concern at the risk of human lives in the hostile environment, and also repeated its opposition to whaling in the Sanctuary. A spokesman for the Institute said that Japan would continue to protect their operations "in whatever way it can" and that further clashes would be likely unless Sea Shepherd stopped its operations.

On January 9, 2010, Sea Shepherd lodged a piracy complaint against the captain and the crew of the M/V Shonan Maru 2 in the Dutch courts.

The Cargo Letter -- Feb. 6 2010

Sea Shepherd ship M/V Bob Barker and the stern of the whale chaser F/V Yushin Maru No. 3 collided on Feb 6, leaving a meter-long gash in the side of the activists' vessel. M/V Bob Barker was in close pursuit of the whaling factory ship F/V Nisshin Maru but was being circled by four other vessels of the fleet. Despite the damage, the 1200-ton M/V Bob Barker was keeping up its pursuit of the F/V Nisshin Maru, which was headed towards the coast of the Australian Antarctic Territory, about 200 kilometers east of Mawson Station. Japan's Institute of Cetacean Research (ICR) said the M/V Bob Barker kept approaching dangerously close to the stern of the F/V Nisshin Maru, and its fleet was ''making efforts to shake off the M/V Bob Barker. The Australian Customs and Fisheries patrol ship Oceanic Viking is believed to be in the region.

The Intentions Are Pure For Saving Whales

The Methods Are Under World Debate As Questionable & Dangerous

The Determination Cannot Be Questioned -- But Should It Be Prosecuted?

These Are Big Questions Which Will Ultimately Be Resolved By A U.S. Court

Sea Shepherd Leader Capt. Paul Watson  

Hero or Villain?

From Our Reader - 9 Feb. 2010

I am very surprised with your Ady Gil story. From what i have seen on video and what many others are saying. Ady Gil moved into the path of the whalers ship as can be seen with the jet wash/ roost from the back of the Ady Gil. I would of thought you guys would not even go near a story like this. Sea Shepherd are going to kill somebody someday its just waiting to happen. If they were off the coast of somalia they would have been sunk. Even on the Sea Shepherds websit they state the following

Captain Paul Watson responded to the Canadian Navy spokesperson at the time by saying:

"Since World War II, the Sea Shepherd Conservation Society has boarded more ships, rammed more ships, engaged in more high seas confrontations and sunk more ships than the Canadian Navy. They are hardly in a position to presume to judge what we are competent or capable of doing."

They bragg about sabotage, ramming and other violent acts costing millions of dollars. They openly scoff at the deaths of sealers etc and some of ss supporters are even talking about murder anfd killing of crews etc. I have been looking at Cargo Law for many years and feel very dissapointed in this story. They are not nice folks the Sea Shepherds more over they are thugs. Rightly or wrongly the Japanese hunt whales who are there to stop them.

Its like somebody saying you guys cannot produce the storys that you do anymore. Or you need your webcams taken down at the Airport etc etc.. Again very dissapointed in this story its publicity, hungry Watson does not need. If they are carrying out a legitimate job why are they wearing masks etc

Thank you,
Christine Hathcock

Editor Notes - 9 Feb. 2010

Dear Christine,

We welcome your letter because it contains factual observations which need to be heard.

You may not have noticed, but we are well aware of the controversy and tried to tell the story in a factual manner which pointed out the questionable practices of Sea Shepherd. For example, our comments in the orginal story included the following:

"Each side blames the other for the incident, arguing that the skipper of the other vessel must have miscalculated during a dangerous maneuver."

"The Japanese Fisheries Agency blames the collision on Sea Shepherd, saying M/V Shonan Maru No. 2 had employed a water cannon to deter M/V Ady Gil, but the anti-whaling vessel undertook maneuvers like suddenly reducing speed, resulting in the collision. Opinions in news media organizations vary similarly. Some blame M/V Ady Gil for powering up to intentionally propel itself into the whaler's path, some accuse M/V Shonan Maru No. 2 of intentionally ramming a stationary vessel - with both sides basing their views primarily on the released video footage. Others place the blame more evenly."

"Having sustained severe damage, M/V Ady Gil was abandoned in the early morning hours of January 8 whilst it was being towed towards the French Dumont d'Urville Station in Antarctica. While weather conditions had been reported as favorable for the salvage attempt, the process of towing the vessel was reported to have caused it to take on more water. The abandonment was criticized by the Institute of Cetacean Research due to the 'willful polluting' of the Antarctic seas via a substance, thought to be fuel, seen leaking from the abandoned vessel in an Institute video. The Institute also claimed to have recovered a number of large-size arrows floating near the wreck, arguing that these proved Sea Shepherd was willing to endanger human life with their tactics."

"The New Zealand government expressed concern at the risk of human lives in the hostile environment, and also repeated its opposition to whaling in the Sanctuary."

"The Methods (of Sea Shepherd) Are Under World Debate As Questionable"

We have deep personal feeling about alleged invasion of a Marine Sanctuary to hunt protected whales.

We also have personal feelings about the obvious danger to mariners posed by Sea Shepherd, but our task is present these features in a manner which presents both sides of the story -- especially where a decades old controversy is concerned. Having met our editorial goal, the feature was presented for its value in demonstrating still more of the many risks which make the ocean environment so dangerous to mariners and to the shippers who have no clue what dangers are presented for their cargo on the open ocean frontier.

This story remains largely unknown and needs to be told to the general public, not just the industry insiders.

All this said, we have posted a "?" to our title "Getting Gil?" and added some additional remarks to remove any remaining questions that our feature was in any way intended to promote or glamorize the Sea Shepherds.

McD

WHO DID IT? - Which vessel caused the collision?

Our Expert Report Will Follow, based upon maritime rules of the road & years of experience. But What Do You Think & Why?

Judge For Yourself -- The Video:

Video of The Collision - From Japan Institute of Cetacean Research

Video of THe Collision -- From Sea Shepherd Society

QUESTION: Does the M/V Shonan Maru No. 2 suddenly turn sharply to starboard? You decide.

McD

The Cargo Law Expert Renders A Decision -- shades of the Cold War - 11 Feb. 2010

Though no firm conclusion can be drawn from the two videos, certainly the ultimate impression exists that SHONAN MARU 2 was the "last chance" aggressor. The situation is reminiscent of the Cold War shadowing or harassing, depending upon one's point of view, maneauvers conducted by the United States and Soviet navies.

In the Japanese video, ADY GIL seems to be pacing SHONAN MARU 2 on the latter's starboard side in clear visibility, vessels in visual sight of each other COLREGS conditions. Whether one vessel was more than 22.5 degrees abaft the other's beam is unclear. If "yes," it was a COLREGS Rule 13 overtaking situation, with the overtaking vessel obligated to keep out of the way.If "no," it was a Rule 15 crossing situation, with SHONAN MARU 2 obligated to keep of the way. The Sea Sheppard video does not disclose any SHONAN MARU 2 day signal entitling her to preference under the COLREGS. More light would be shed on the issue if the Japanese commentary were translated, but no celebratory "banzai!" was heard.

The Sea Sheppard video is more illuminating. There SHONAN MARU 2 clearly appears to be turning to starboard, thereby creating a collision situation. Whether SHONAN MARU 2's intent was to "T-bone" ADY GIL or merely brush her aside is less clear, but in any event SHONAN MARU 2's turn was a violation of multiple Rules, and contrary to these traditions of the sea that abhor imperiling fellow mariners.

However, the analysis ought not end there. Obviously ADY GIL was not where she was in the exercise of traditional legitimate maritime commerce. ADY GIL was present solely to be provocative, and was acting in a manner inimical to the well being of SHONAN MARU 2 and her personnel. Even a free exercise of speech argument should not condone ADY GIL's physical behavior. The COLREGS exist to prevent collisions at sea, but may be said to exist in a larger framework of maritime safety/reality. While the behavior of ADY GIL could be argued a Rule 2(a) "special circumstance," that should not excuse SHONAN MARU 2's apparent violation of the COLREGS. SHONAN MARU 2's defense (barring argument of a fortuitous steering gear failure or the like) may well be a nautical self defense argument, weaving in the argument that ADY GIL was creating, if not inviting, foreseeable risk of harm to herself.

Is there perhaps a parallel or analogy to be drawn to the debate over the limits of self defense to be employed by vessels transiting the pirate infested waters of the western Indian Ocean? Clearly the confrontation was escalating and mariners notoriously are disinclined to turn the other cheek. Perhaps the ultimate conclusion is that ADY GIL received what she invited, and should be thankful no lives were lost or serious injuries suffered.

Geoffrey Gill, Esq.

Geoffrey W. Gill, Esq. is a graduate of Fordham University School of Law and United States Merchant Marine Academy. He was a licensed Master & after years at sea now practices maritime hull & yacht litigation in California, Florida & New York at the Law Offices of Countryman & McDanielMr.Gill frequently lectures on the subject of "Human Error" in the causation of maritime loss at such institutions as the U.S. Merchant Marine Academy & other maritime academies.He is the author of the popular West's Publishing Company series "Gill On Admiralty".

Editor Notes - 11 Feb. 2010

We do not suggest this discussion to now be closed. Identification of the "guilty party" is only one part of the process. Still, a few issues have bee sorted out.
1. The Japoanese have no right of hunting in a Maritime Sanctuary.

2. The actions of Sea Sephedrds were wanton & in violation of internatonal maritme law

3. M/V Shonan Maru No. 2 likely ran down M/V Ady Gil on Jan. 6 2010 in the Southern Ocean

What moral conclusions should be drawn from all this will be debated for years.

One thing we do know -- Japan's claimed "cultural right" of whaling should be taken up with purpose by the UN, IMO and related organizations without delay to craft a workable solutuion for the entire industry. Tap dancing around the issue is no longer acepptable.

The Cargo Law feature you have seen above makes clear -- failure of the UN & IMO to act will soon have a bad result. People are going to die.

McD


Shippers Must Have Quality Marine Cargo Insurance ........ Because......... "Ship Happens! ©"

To Repeat -- No Matter How Careful You Are -- Or Who You Hire ....... "Ship Happens! ©"

Get Your "Ship Happens! ©" Gear!

Visit The Cargo Law Ship's Store For Great Industry Gift Ideas!


The Dedication of This Feature Is Simple:

To The Whales of Our Oceans. May Those Who Remain Be Left In Peace. They Care Less About M/V Ady Gil & M/V Shonan Maru No. 2


SPECIAL NOTE: The historic dangers of carriage by air & sae continue to be quite real. Shippers must be encouraged to purchase high quality marine cargo insurance from their freight forwarder or customs broker

It's very dangerous out there.


INDEX TO OUR "Getting Gil" PAGE SPECIAL FEATURES:

Important Links To Our Feature:
M/V Ady Gil

Sea Shepard Forum

MV Sh?nan Maru 2


Our Daily Vessel Casualties - stay informed

"Singles Only" - visit our individual moments of transport crisis for more.

The Greatest Container Losses Of All Time - these are the grand fathers -

M/V OOCL America

M/V APL China

M/V APL Panama - The EPIC

"Great Misfortune"- M/V Hyundai Fortune - March 2006


SPECIAL NOTE: The historic dangers of carriage by sea continue to be quite real. Shippers must be encouraged to purchase high quality marine cargo insurance from their freight forwarder or customs broker. 

It's very dangerous out there.

Thanks To Our Contributors For The "Getting Gil" Feature

Our Contributor for this feature is greatly appreciated:
Christine Hathcock

Dan Fix

Anonymous Contributors Must Always Remain Anonymous*


NOTE: Please Provide Us With Your Additional Information For This Loss.

EDITOR'S NOTE FOR SURVEYORS, ATTORNEYS & MARINE ADJUSTERS: The Internet edition effort of The Cargo Letter now celebrates it's 8th Year of Service -- making us quite senior in this segment of the industry. We once estimated container underway losses at about 1,500 per year. Lloyd's put that figure at about 10,000 earlier this year. Quite obviously, the reporting mechanism for these massive losses is not supported by the lines. News of these events is not posted to the maritime community. Our new project is to call upon you -- those handling the claims -- to let us know of each container loss at sea-- in confidentiality. Many of you survey on behalf of cargo interests with no need for confidentiality. Others work for the lines & need to be protected. As a respected Int'l publication, The Cargo Letter enjoys full press privileges & cannot be forced to disclose our sources of information. No successful attempt has ever been made. If a personal notation for your report is desired -- each contributor will be given a "hot link" to your company Website in each & every report. Please take moment & report your "overside" containers to us. If you do not wish attribution, your entry will be "anonymous." This will will benefit our industry -- for obvious reasons! McD


* NOTE: The Cargo Letter wants you to know that by keeping the identity of our contributors 100% Confidential, you are able to view our continuing series of "Cargo Disasters." Our friends send us materials which benefit the industry. The materials are provided to our news publication with complete and enforceable confidentiality for the sender. In turn, we provide these materials to you.  

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