Many a decades ago, in an interesting case before the Court, was
the issue of whether in a seaworthy ship, gnawing by rats of some part of the
ship causing seawater entry and subsequent damage to cargo was to be treated as
an insured peril. It was held that the
loss was not proximately caused by the rat but ‘by perils of the sea’. It was held that there has to be distinction
between the wear and tear caused by rats and vermin over a period of time and
ingress of water into a ship caused by rats attacking a pipe ! Not sure whether rats are still a potent
problem, but infestation by vermins are !
Heard of moths and in particular of
‘AGM’? – the Asian gypsy moth is an exotic insect pest native to Far East countries such as Russia,
China, and Japan. Unlike the European
gypsy moth, which is closely related but has a more restricted host range,
Asian gypsy moth females are active fliers, capable of flying up to twenty
miles. The only way to tell Asian gypsy
moth apart from European gypsy moth is with DNA tests. Asian gypsy moth eggs
are found in large masses attached to solid outdoor objects such as trees,
stones, lawn furniture, and logs. Caterpillars
emerge in the spring and feed when they
enter the pupal stage. Adult moths emerge 10 to 14 days later.
All these
could be regular – and may not be of relevance to Marine Insurance but for the
fact that adult moths
frequently lay their egg masses on cargo ships and shipping containers, and
these hardy egg clusters often survive to hatch at ports of call around the
world, including the United States. The first such known introduction was in
1991, where egg masses on a Soviet ship docked in Vancouver were found to be
hatching. It is stated that since 1991, there have been
20 introductions of Asian gypsy moth in the U.S., all of which were eradicated
successfully. In 2004, nearly 14 million
acres on the U.S. East Coast were attacked by the insect and its European
cousin. The region is still recovering.
The strict inspections are the USDA’s first line of defence against the
Asian Gypsy Moth.
Reports
suggest that the tiny, dirt-like egg clusters are waylaying cargo at ports in
the United States, delaying thousands of containers for days at a time. Officials are desperate to eradicate the
Asian Gypsy Moth, and for Shippers that means
stringent inspections of ships and delays.
Last year close to a dozen ships
were forced back to International waters after arriving at the port making it
to be called the worst AGM season. When the moths or their egg sacks are found on
a ship, it’s sent back out into international waters where the vessel operator
must pay to have it disinfected. The
ship will be allowed only when there is no trace.
U.S. Customs
and Border Protection and Canadian officials have worked with ports in
countries where the moth is most prevalent —to inspect and disinfect ships
before they leave Asia. AGM are stated
tobe voracious eating up hundreds of species of plants. The high-risk periods
in these Asian ports, the regulated areas, are determined by the AGM’s “flight
season”, when females will be laying eggs, and normally extend from May through
September. The United States (US) and Canadian authorities have issued a joint
notice advising on risks associated with and actions required for vessels which
have visited ports in areas regulated for AGM during specified high-risk
periods. The authorities consider the risk of introduction of AGM into North
America from the regulated areas to be high for 2015.
The Canadian
Food Inspection Agency (CFIA) has advised that the high risk period for Asian
Gypsy Moths commenced on 1 March 2015.
The notice sets out the steps that must be taken by vessel agents prior
to entering Western Canadian ports. Vessels which do not comply with the
advance notification and certification procedures will be considered
non-compliant and subject to enforcement action. The vessels are expected to maintain good cleaning practices such as minimising
rust, storing excess equipment and clearing debris from the outer decks of
vessels, as this will help reduce the chance of AGM infestation while in
regulated areas.
Any vessel entering
Canada must be free from all life stages of AGM. If upon
inspection, AGM is suspected, the vessel
will be ordered out of Canadian waters and refused entry for up to two years during
the AGM risk period for Canada or until the ship is deemed compliant.
The Master of
a marine vessel which has visited a port in a regulated area during the
specified periods listed in the current year or in the year immediately
preceding the current year, must provide a summary of the ports called upon by
the vessel for the past two years, to CFIA, either directly or via the vessel's
Canadian agent. The vessel may be required to report at a designated inspection
site at a time mutually agreed to by the agent and the CFIA.
The Ports for which ‘High risk
periods’ are indicated are Russian far
East, all ports of Northern China,
Republic of Korea and specified ports of Japan – Asia does not include India or
Srilanka and we can heave a sigh of relief !
With regards
– S. Sampathkumar
5th
May 2015.
No comments:
Post a Comment