| Comments and Observations: | Govt. of Ireland (26 October 2023)
In relation to the “abandonment date” – our records indicate that this vessel was not in the port of Castletownbere on 1st August 2023. AIS tracks show the vessel as being at sea at this time (see attached). Our records further indicate the next call to Castletownbere for this vessel took place on 4th October 2023. We would therefore suggest that the provider of the information is invited to clarify this aspect of the report, which will enable us to further analyse the case and to provide further comments as appropriate.
Govt. of Ireland (27 October 2023)
Noted reference to MLC, which is not applicable to fishing vessels.
With regard to the place of abandonment on 1st August, this should be described as “at sea”, otherwise the impression is given to the reader that the crew were onboard in Castletownbere for over 2 months, which was not the case.
ITF (27 October 2023)
As per MLC Standard A2.5.2, abandonment occurs when one of three conditions are met. In this case, the trigger is the failure to pay wages for two months. The date on which the crew were unpaid for two months was 1 August 2023. Therefore the crew have been abandoned since that date.
The ITF discovered the abandonment when the vessel called at Castletownbere, therefore the abandonment port is listed as Castletownbere.
ITF (1 November 2023)
You are correct, the MLC does not apply to fishing vessels, but the definition of abandonment for the purposes of the abandonment database is the same.
The vessel was towed to Castletownbere on 4 October and remained there for 9 days with crew abandoned. MSO inspected the vessel while it was in Castletownbere. It seems MSO is fully aware of the situation and that the crew should be deemed abandoned.
I see no reason to change the port of abandonment from that reported.
I am happy for the above details to be included in the database so that there is no confusion as to how long the vessel remained in Castletownbere.
Govt. of Ireland (2 November 2023)
In applying non-statutory criteria for reporting to the database, it remains important that such reporting is concise and consistent. We understand that database entries should state the date and place of the “abandonment” of the crew . Whereas the date of “abandonment” in this case appears to be 01/08/23, the place of such “abandonment” was not in Ireland and should not be recorded as Castletownbere. We noted other examples in the database use narrative including such terms as ”En route”, “vessel is still sailing” , “drifting” etc. In this case, we understand the vessel was engaged in fishing operations in the North Atlantic as per the AIS extract we supplied previously.
Noting the “Notification Date” of 23/10/23, if the report is to contain information concerning the vessel’s movements subsequent to 01/08/23, then it is important that this is concise and complete. We understand that the vessel subsequently arrived in La Coruna, Spain on or about 20th October 2023, so it would be important to include this port in any narrative clarifying the vessels movements up to 23/10/23 and whilst repatriation of the fishers continues to be pending.
Govt. of Ireland (9 November 2023)
The vessel was neither in Castletownbere nor “on the way” to Castletownbere on 1st August 2023. The vessel did not proceed to Castletownbere until over 2 months afterwards. Noting this is a public database the inaccurate entry should be corrected as soon as possible. We provided a suggestion for an accurate entry - “engaged in fishing operations in the North Atlantic” and we also provided an AIS track with co-ordinates if required for a precise location.
Corrective action should be performed as soon as possible,to remedy the misleading database entry.
Govt. of Spain (14 November 2023)
After consultation with the Company of ESPEMAR DOS where different documents were considered by the Local Maritime Authority in La Coruña, the situation concerning the crew may be summarized as follow:
1. The Company ESPEMAR DOS uses to rely in the same crew for their fishing vessels so that the crew of ESPEMAR DOS is made up of the same members on a regular basis. The majority from Spain and other from Indonesia.
2. Most of the Indonesian crew members keep the labour relationships with the Company for years. They use to go on holiday to Indonesia and go back to Spain to continue working on board regularly. Travel costs are paid by the Company as shown by the Company’s documents that has been provided.
3. Indonesian crew members usually request to be paid in cash or when they arrive to port instead of using bank transfer meaning that sometimes they need to wait to call in La Coruña to receive their wages. According to the document provided by the Company all crew members have got their salaries.
4. The identification of the insurer has also been accredited. ESPEMAR DOS is covered by British Marine Ltd as a P&I, Mutua de Seguros Marítimos de Vigo for Hull and Machinery and by MG for labour accidents.
ITF (16 November 2023)
Fishing vessels can still be considered abandoned for the purposes of the abandonment database. Given the definition is provided for in MLC, this is the definition that is generally accepted for all vessels.
I disagree that the report gives the impression that the crew were on board for two months in Castletownbere. Clearly though, the crew were in the port of Castletownbere while in a state of abandonment and this is where the abandonment was discovered.
Cases recorded as “at sea” etc are recorded as such as that is the position of the vessel when the case is discovered and reported.
Govt. of Ireland (21 November 2023)
The MLC states three criteria for abandonment and it appears to be “common ground” that for this fishing vessel, the date of abandonment occurred on 1st August 2023 with the “triggering criteria” being the failure to pay contractual wages for a period of at least two months, which we understand occurred on that date. The database displays the corresponding date of abandonment of each case. There appears to be no justification whatsoever for reporting a different location from where the vessel actually was located on this date.
The date that the abandonment was discovered may indeed be later, but this does not become the date of abandonment in accordance with the MLC criteria, nor does the location of the vessel on such a later date become the place of abandonment.
Data quality is of paramount importance with any database and especially those that are publicly accessible and where the information may be used for other purposes. Entries in the database that are not accurate are not acceptable.
The position of this Administration is that the place of abandonment for this case is currently incorrectly reported in the database and this requires amendment to correctly record the actual location of the vessel on the date when the abandonment took place, as per the MLC criteria used for reporting abandonment cases and so maintaining the highest possible data quality standards, which is important for all users of the database.
ITF (27 November 2023)
Wages have been paid and the crew have been repatriated.
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