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La Temperance[disputed]


Abandonment ID: 00815
Ship name:La Temperance[disputed]
7-digit IMO no.:6719885
Port of abandonment:Miami, USA
Abandonment date:20 October 2023
Notification date:23 October 2023
Reporting Member Govt. or Org.:ITF
No. of Seafarers:7
Nationalities:Mexico(1); Nicaragua(6)
Circumstances:P&I : Unknown

Type : General Cargo

Owner is not providing sufficient funding for the crew to purchase provisions and is not providing actual provisions to the vessel. Provisions storage is empty. Crew has had to resort to using personal funds in order to provide food and has been forced to skip meals due to low funds in their own accounts.
Crew reports unpaid wages for the month of September despite appeals made directly to the owner. The owner is not providing suitable drinking water to the crew either via testing of onboard water tanks for safe consumption or by provision of bottled drinking water.
Actions taken:21 October 2023: Flag State informed
Contacted the owners and Togo flag state regarding MLC 2.5.2 P&I coverage during their term as the vesselís flag state
Repatriation status:23 October 2023: Repatriation pending
Comments and Observations:ITF (23 October 2023)
Vessel subject to USCG COTP Order at present

Govt. of United States (25 October 2023)
I am attached the U.S. Coast Guardís order keeping the LA TEMPERANCE in the port of Miami until sufficient food stores were provided. The LA TEMPERANCE arrived in Miami on 18 October 2023. The vessel had just recently (12 October) changed flags from Togo to Tanzania. Port State Control examiners attended the vessel on 18 October and discovered missing documentation (vessel stability info and fire control plan) and departed the vessel after issuing a COTP Order restricting cargo operations and departure. The vessel was attended again on 20 October when examiners discovered an incorrect Minimum Safe Manning document as well as a lack of food for the crew. A new COTP Order (attached) was issued requiring food to be provided to the crew.

On Saturday the 21st Sector Miami attended and verified that the crew had received a considerable amount of food and water. The crew told examiners that they would be receiving pay that day as well, although that is unconfirmed at this point.

ITF (27 November 2023)
The former flag state (Togo) as well as crew and PSC have been unable to produce any evidence of coverage under MLC 2.5.2 for seafarersí financial security. Owing to the material condition of the vessel, local legal resources are unable to provide assistance as the material value of the vessel is insufficient to recoup crew wages or any other incurred expenses. The vessel remains subject to PSC orders.

ITF (25 January 2024)
PSC officers verified that the water and provisions had been delivered at the time of release of PSC detention. No verification of wages having been paid to the crew, and the vessel has now left US waters

Entered: Thursday - 25 January 2024 at 15:30:34
Last updated: Thursday - 25 January 2024 at 15:31:00
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