an site a number of incidents where either the chief

engineer or master is sentenced for a prison term

ranging from a few months to few years.

I can also name many incidents where a company is

handed over a fine ranging in millions of dollars.

I am talking about the incidents related to false oil

record book entries.

What’s more !!! In 2016, Princess Cruise Lines paid

USD$40 million as a plea agreement in respect of a

number of US MARPOL violations. This is the largest

ever criminal penalty involving deliberate vessel

pollution.
That is huge amount of money.

In United state, involved of National whistleblower

center has seen increase in number of reported Marpol

violations.
Port states these days consider the false oil record book

entry as the “signed confession” by the person making

the entry.
I am just trying to show here the seriousness of this

matter. Usually the serious matters warrant serious

measures. Not in this case.

In these cases, measures required are so simple.

To avoid these situation, we just need to ensure that we

do not make any false entry and we do not violate

Marpol.

But for Masters the situation is not that simple.

Sometimes they may find themselves into these

situations for no direct fault on their part.

This is simply because they are not involved directly

with the engine room operations. And also because for

Masters it may not be easy to verify the correctness of

oil record entries.

But there are few things masters must do to avoid

themselves from situations of false record book entries.

Master’s action would fall in two different categories.

 Actions to prevent false oil record book entries

 Actions on discovering false oil record book entries

Let us discuss both of these actions.

Actions to prevent situations of false oil

record entries

We all have heard this phrase. “Prevention is better

than cure”.

As I would discuss later in this post, the actions required

on discovering false oil record book entries are not so

easy.

The best bet to handle false oil record book entries is to

prevent these. Masters have an important role in

preventing false oil record book entries.

The whole idea of prevention of these situation lies on

masters being aware of what is required and then being

situationally aware of what is going around on board

their ship.
Let us see how this is done.

1. Verify the Seal record

Each company may have different methods to control

the Marpol violations on their ships.

Source: Gard P&I

 But effectively sealing the carefully identified Marpol

point is the most basic method that most of the

companies use.

Most companies would require the ship staff to maintain

a Marpol seal record which has the record of all the

seals put on Marpol lines. These may include

 Seals on OWS equipment

 Seals on flanges of lines of the IOPP tanks

 Seals on overboard valves

 Seals on emergency overboard and suction line and

valves

 Seals on sludge overboard line, valves and flanges

This is the most basic version of Marpol seal record. Few

companies require ships to maintain an elaborated seal

record.

For example Fleet management has a good format of

seal record. They also have the seal management in

their PMS system.

Most of the companies require masters to maintain this

seal record. It is Masters who have the inventory of

seals with them and it is Masters who issues the new

seals to the chief engineer when required.

This puts the master’s role in the picture and masters

must get themselves involved in ensuring compliance

with Marpol.

As a first step, Master upon joining must personally

check the correctness of this seal record.

Masters must also verify that the required locations are

effectively sealed. By effective sealing I mean that it

should not be possible for anyone to remove the seal

and repaste it. Or it should not be possible to tamper

the seal without anyone knowing about it.

But what if your company do not have the requirement

of maintaining seal record ? Least a master can do is to

suggest that to the company in the Master’s review.

2. Know the Amount of sludge produced

Masters must be aware of how the sludge produced is

handled on their ship. The first step in doing that is to

know how much sludge is suppose to produce and how

much sludge is actually produced.

There is this 1% rule for the production of engine room

sludge.

As per this rule of thumb, the sludge generation from

purification of heavy fuel oil is usually not less than 1%

of the total oil purified.

 This 1% rule is used by many port state authorities

specially German port state as the first sign of marpol

related violations.

For example in one of the incident, German port state

while inspecting a 100000 GT bulk carrier Found the

following facts

 As per the 1% rule, the sludge generated should have

been 15 Tons

 As per the oil record book, only 2 Tons of sludge was

generated in that period

German authorities use this as the first indication of

detailed Marpol inspection. In this case bulk carrier was

found to be violating number of aspects of Marpol Annex

I.

Masters can use this 1% rule to check any irregularities

in handling of sludge in engine room.

We must also keep in mind that it is not necessary that

ship’s sludge production cannot be less than 1% of fuel

oil used.
 But it can is a good first indicator of some bad practices

in handling of sludge.

Actions on discovering false oil record

book entries

As i said earlier, actions in these cases are not so easy.

I am being practical here.

But before we discuss that, first let us bring some clarity

to the term “false entry”.

There are two type of entries that do not represent the

actual picture or facts

 Wrong oil record book entries

 False oil record book entries

Wrong oil record book entry is unintentional. These are

the entries that are either

 not made in the format it is required by the rules; or

 date entered is wrong but was unintentional; or

 was the case of typo error

The action required in case of wrong entry is simple.

Just ask the chief engineer to correct the entry by Code

“I”.

But when we talk about false entry, it is meant to be an

entry that is factually wrong and it made intentionally

with full knowledge of the fact that he/she is making a

false entry.

This is serious crime. Now let us divide the term “False

entry” in two broad categories

 Pollution false entry

 Non-pollution false entry

Actions on discovering a Non-Pollution

false oil record book entry
Non-pollution false ORB entry is the one where a false

entry is made but there is no pollution involved.

Case : Transfer of Oily waters/Sludge from IOPP

tank to non-IOPP tank

This could be one of the case where oily waters/Sludge

is transferred from IOPP tank to non-IOPP tank and the

fact is not recorded in the ORB.

There is no pipeline connecting IOPP tanks to a non-

IOPP tanks. If this transfer was done, it has to be

intentional and not by a mistake.

The transfer would most likely be with the use of welden

pumps and loose hoses.

If this fact is not highlighted in the oil record book, this

would be falsification of record with no actual pollution

involved.

In this case Master must inform the company and ask

the company to inform the flag of the vessel.

Company also need to advise the flag about the

proposed remedial action and inform the flag again

when remedial actions has been completed.

The email from the company to the concerned flag may

look something like this.

Flag state would ask to make the entry about this

transfer in the oil record book and send them the scan

of this entry.
Chief engineer can then make the correct entry in the

oil record book and send the scan to company.

Company will send the scan of this entry to the flag.

On completion of the corrective action (Disposal of the

sludge ashore), entry need to be made in the oil record

book.

Master will forward to the company the scan of the oil

record entry of the disposal of the sludge to shore

facility.

Company need to forward this email from master to the

flag as the evidence and confirmation of completion of

corrective actions.
This communication with the flag can be kept in the oil

record book for future reference. This will close the case

with no further implications.

Actions on discovering a false oil record
book entry that involves pollution

Now let us come to a case where some crew

members are involved in the illegal disposal of the oil

and in oil record book this disposal is shown as legal

disposal.

On paper the action required from a master in this case

looks too simple. Inform the company, inform the

flag, inform the port state and do not sign the oil record

book.

In realty, though these are absolutely correct steps but

for a Master all these steps are not simple.

Master would be seen with a bad eye by everyone

involved. Don’t be surprised if even the company want

this matter to be buried. In this case master may find

himself in the center stage of everything.

One thing that the Master must understand. When a

master is aware of an illegal discharge and he does not

inform and record this, he becomes the party to this

illegal discharge. It is that serious.

But before a Master jumps to what is required, these

are few things he must do.

Talk to chief engineer

One thing the master cannot afford is misunderstanding

and mis-communication. It is so important to clarify the

matter with the chief engineer.

Master need to be sure that there is actual case of

Marpol violation.

Now let us see few cases which master can expect in

these situations

Case: Chief engineer agrees to the Marpol

violation with explanation

Chief engineer may agree that there is Marpol violation

but has one of these explanations.

Explanation # 1
It is just the water with no oil content in it.

Explanation # 2

The water we are throwing out at sea without using

OWS is cleaner that the ballast water you have been

deballasting inside port.

Explanation # 3

Bilge water is generated from the muddy sea water and

OWS gives alarm as OWS detects it as oil even when

there is no oil in it.

Irrespective of how logical the explanation might look,

the operation which is not as per MARPOL is illegal.

For example even if the bilge water is cleaner than

ballast water, it need to be discharged through

OWS. This is because Marpol has set the conditions for

discharge for bilge water and not for ballast water.

 We are just supposed to follow Marpol and not question

it.

Master in this case has to inform the company and

company has to inform the flag. When such reporting

originates as voluntary reporting by the company, more

often than not there are no punitive measures taken by

the flag.

For example, USCG has a voluntary disclosure

policy where by there will not be any criminal

proceeding provided

 The disclosure is made to USCG voluntarily and

 The disclosure is made within 21 days of discovery of

marpol violation
Conclusion
We all have a duty to follow rules and international

regulations. Not out of compulsion but as a culture.

Other wise too, technology has made great

advancements in the shipping and it is really tough to

hide a violation. For example European ports

uses cleanseatech to monitor the discharge of oil at sea.

CleanSeaNet is the satellite based oil spill and vessel

detection service. This can detect even the minor oil

sheen in the water and the alert reaches the authorities

in less than 30 minutes.

On detection of a Marpol violation, Master will have a

tough job. But they have to do it the way that is right.