Financial Leverage Essay Example | Topics and Well Written Essays - 2250 words

Financial Leverage - Essay Example Higher expected returns are associated with the firms that are having high financial leverage ratios when the economy of a country is normal. Whereas, when the economy of a country is in recession so firms having high financial leverage ratios will face risk of loss. On the other hand, firms having low financial leverage ratios are supposed to be less risky but higher expected returns are not associated with these firms. IMPORTANCE OR AIM OF THE STUDY The importance or aim of this study is to show that analysts use financial leverage ratios to accomplish two things: †¢First, they are a measure of the extent to which firms finance their assets through debt. †¢Second, they are the indicators of the financial risk of the firm. Analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leverage as a debt-financing indicator is important because whenever a firm’s rate of return on assets is in access of interest rate, the profits to equity investors are magnified in direct proportions to increases in leverage. The reverse also holds true-whenever the rate of return falls below the interest rate, the profits to investors decline with increases in leverage. In fact, if the firm is sufficiently levered, interest expenses may be so high that under adverse economic conditions the firm may not be capable of paying them-that is, financial risk is directly proportional to leverage. In conclusion it can be said that analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leveraged firms accrue excess returns to their shareholders so long as the rate of return on the investments financed by debt is greater than the cost of debt.

Dream Act and Illegal immigrant childrens citizenship Essay

Dream Act and Illegal immigrant childrens citizenship - Essay Example It is immigration reform bill that offers over 12 million illegal immigrants to become legalized U.S. citizen, in addition to heightened security on Mexico border, and introducing guest worker program to assist employers in working out low paying jobs. Despite the fact that, it is costly legislation, has direct negative impact on already worse employment market, challenge for balancing budget on not only state but also federal level, additional tax burden on Americans, work as invitation for future illegal immigrants, and threat to not only immigration law but to the rights of law abiding legalized U.S. citizens. It is immoral and unethical approach of illegal immigrant who seek U.S citizenship for themselves or their children born or grew up here, as its basic purpose was to protect slave children not illegal immigrant's children. The Dream Act President Obama with liberal Democratic Party leadership is determined to pass the Dream Act which will grant amnesty to millions of illegal immigrants (King, 2010).U.S. Senate blocked â€Å"the Dream Act† this December, the bill, if passed, would have allowed young children of illegal immigrants to attain a legalized citizenship of United States of America. These illegal immigrants came to America as children but their criminal record and other requirements are clear. Moreover, they have completed two years of military service or college education in America. The bill could not gather the support of required 60 senators to cross the filibuster which delayed it for one year with an uncertain future (Herszenhorn, 2010). Fundamental objections The implemented version of 14th Amendment’s interpretation encourages other nation’s citizens to enter United States jurisdiction and give birth. The legalized children access social services and support their parents to beco me legalized. Presence of legal immigrant as immediate relative shortens the otherwise lengthy process of immigration (Rau, 2010). Its results can be far-reaching as we can infer it from Pew Hispanic Centre’s study (qtd. in Rau,2010) which reports about 340,000 births to illegal immigrants in United States only in 2008.In most of the cases, parents were residing in America form one year or more. It is unethical rather criminal as Lillpop refers it, to use infants or â€Å"anchor babies† to avoid deportation or other punishment, such as, jailing. Moreover, it is immoral manipulation and use of not only newborns but U.S. constitution for illegal immigrants’ personal interest. It offers short cut to legalization and unjust for those who go through a longer process for attaining United States citizenship in a legal way. A common justification is the humanistic stance that wants to keep the families united. It is suspicious and needs reconsideration because illegal i mmigrant initially left their families in their homeland just to reside illegally on American land. Moreover, a criminal cannot be judged upon on the basis of whether he has a family or not. Illegal immigrants are not less of criminals because they invade another nation’s soil without their legal permission. Dream Act permits illegal immigrants to feed on law abiding taxpayers’ money for their law breaking act. Opponents attributed the Dream Act to be too broad in its interpretation and it would lead to give amnesty to illegal immigrants (Herszenhorn, 2010). Senator Jeff Sessions of Alabama (qtd. in Herszenhorn, 2010) accuse Democrats of not only tolerating lawlessness but certain policies encourage it, he led the Dream Act’s opposition in Senate and highlighted the lack of efforts in improving the situation at borders to inhibit

Room And Board Essay Example for Free

Room And Board Essay As a Minnesota-based privately owned company, Room amp; Board has been known for offering products that combined classic, simple design with high quality handcrafted furniture and giving exceptional service to their customers. Approximately $50 million of revenue a year was generated through Room amp; Board fully integrated, multichannel sales approach, consisting of its eight national retail stores, an annual catalog and a web site. The purpose of this case analysis is to determine how to institutionalize its way of doing business beyond the life of its founder and how to strengthen its culture and high employees and customer engagement while growing at a rate that sustained its economic health. The situation analysis will examine four factors: the general environment, the industry, competitors, and Room amp; Board internal environment. The general environmental analysis consist of Technological Trends Room amp; Board does not really have any technological advantage over it’s competitors but two advantages it has is giving people a choice of materials used in the product like custom designs in wood and metal materials along with ordering these material ahead of time to cut down on time when a customer does order a product made with certain material in mind. Demographic Trends Room amp; Board demographic trends group is nation-wide which include suppliers and customers. More than 85% percent of its furniture is manufactured in America. Room amp; Board is proud of its commitment for supporting American manufacturers and small, family owned business. Economic Trends At Room amp; Board, quality was also about providing value. That value was inherent in the company’s products, which lasted and whose style and design were timeless. Providing furniture that customers could count on enjoying for many years. Political/Legal Trends Room amp; Board decided early on that it did not want to compete by the traditional rules associated with the retail furniture industry. They wanted to create its own supply chain of approximately 40 vendors, nearly all privately owned family businesses. Sociocultural Trends Room amp; Board was based on the principles of trust, respect, relationships, transparency, entrepreneurial ownership of one’s job and career, and the importance of a balanced life. They believed that individuals thrive in an environment where they are empowered to make decisions and everyone’s view is heard and respected. Global Trends Room amp; Board was looking to expand in other region of the United State but has not yet looked to go global. Industry Analysis Competitor Analysis The competitor analysis is to better understand Room amp; Board top competitors and their outlook on the industry. Room amp; Board made it impossible to have any direct competitors because their exclusive design, corporate structure, and long-lasting quality products. Room amp; Board has two indirect competitors which are Designs Within Reach and Crate and Barrel. Designs Within Reach was a public company. In fiscal 2006, it had $110 million in sales through its 63 stores, which ranged in size from 1,100 sq. to 11,000 sq. ft. Although Room amp; Board stores were fewer in number, they were much bigger, at 30,000 sq. ft. Crate and Barrel had grown from a small family business, to a chain of over 160 mall-based stores. More than 50 percent of Crate and Barrel products were imported from Europe. SWOT Analysis Strengths Room amp; Board has a great corporate structure. They have achieved the eniviable market position of managing its growth and avoiding the capital market pressures. Room amp; Board has created a consistent, seamless, self-reinforcing system that cut across culture, execution philosophy, employee hiring, and benefits. Weaknesses The two alternative strategies would be one to extend catalog and retail furniture business by adding E-Commerce to their website. The other would be to create a dynamic method of hosting web assets. Strategic Alternative Implementation Both alternatives should be implemented but the one that should be addresses first would be to create a dynamic method of hosting web assets. This would allow customers to purchase custom merchandise online, which is critical that they see a visual of the furniture that they have uniquely designed. Room amp; Board should hire an interactive agency to help design and develop a dynamic consumer facing configuration tool that would allow customers to design and purchase customized furniture with ease and confidence.

Governmental Opposition of Cloning :: Argumentative Persuasive Argument Essays

Governmental Opposition of Cloning Human cloning is a prospect no longer left to the fantastic realm of science fiction novels; rather it is a modern possibility. In 1997, embryologists in Scotland cloned the first mammal, a sheep named Dolly. Shortly thereafter, scientists in the United States cloned a set of monkeys. These scientific advancements and the ethical dilemmas they pose quickly grabbed the attention of the President, Congress and the American public. In its desire to allay anxieties raised by human cloning, Congress proposed the Human Cloning Prohibition Act ( S. 1601, or the â€Å" Bill † ) (Cannon and Haas 637 ). Unfortunately, in their haste to pass federal legislation, the Bill’s drafters ignored important procedural safeguards, employed vague statutory language, and created a bill with significantly diverse implications. After exploring the ethical dilemmas associated with human cloning, the Recent Development critiqued S. 1601 and concluded that congress should craft more suitable legislation. One of the ethical concerns prompting anti-cloning legislation is that human individuality may be undermined if parents can custom order the traits and other characteristics of their children. In the article, â€Å" The Human Cloning Prohibition Act: Did Congress Go Too Far ? †, the authors Cannon and Haas have cited the views of President Clinton on this issue. President Clinton fears that human cloning â€Å" could lead to misguided and malevolent attempts to select certain traits, even to create certain kinds of children ---- to make children objects instead of cherished individuals. † ( Cannon and Haas 638 ). In 1997, within days of the announcement of Dolly’s successful birth, President Clinton instituted a ban on federal funding of human cloning research. President Clinton further ordered the National Bioethics Advisory Commission to report on whether the United States should either regulate human cloning or completely ban it with laws similar to those passed in Belgium, Britain and many other countries. Soon thereafter congress attempted to pass federal legislation. The Bill, as proposed by Senators Christopher Bond, Bill Frist and Trent Lott, prohibits any person or entity from using human somatic cell transfer technology and from importing an embryo produced through such technology.

Interviewing the Local Police Essay -- essays research papers

Interviewing the Local Police My independent project was done on a whimsical basis. It's thanksgiving eve and my family and I are all gathered around watching football. The Redskins and Cowboy's are all tied up, and my uncle is on the verge of having a nervous breakdown. A diehard Cowboys fan, who can't even remember when was the last time he didn't bet on a game. Mom and dad are still eating, while my aunt recites a thanksgiving song for all the uninvited guests. The door bell rings, and what do you know it's the local Police. Officers Bob Jacob and William Gould stop by on their neighbor-hood patrol. My aunt invities them in for some coffee, and they end up eating the rest of our thanksgiving dinner. For some strange reason I think of Sociology.( Do you think they'll arrest me if I ask...

Sociology Couples and Equality Paper

Sociology – Using material item B and elsewhere, assess the view that roles and relationships among couples are becoming more equal. To assess equality between couple's roles within a family over time we must comprehend power distribution and human psychology that exists within a couple's relationship. We must do this in order to understand why each role has been distributed between the two partners the male and the female.And henceforth between comparison of older studies and newer studies we can derive a pattern of progression or regression in the equality among couples. One of the roles that have been distributed between couples is household chores. Ann Oakley, a feminist (1975) came to the understanding that the housewife, a socialised role, was created by industrialisation. She discovered this when she researched middle and working class couples and their scale of equality; working class participants had less equality on average compared to middle class participants.This occurred as the higher the class the higher you are in the power hierarchy and those with power had the ability to make a better life for themselves and the people they cared about. The better the life the healthier the relationship, caused by positive and cooler mind sets, which then leads on to joint conjugal roles where neither partner wants to upset the happiness that exists between them. Also in the higher classes friendship circles are very close were all the husbands would socialise together and so would the wife's leading to joint conjugal roles Bott (1957).The working class participants as mentioned before had little equality even though the men could make the difference by refreshing otherwise standard attitudes of ignorance and influence of â€Å"the housewife†. The housewife being the idea that childcare and housework are defined as female roles (Item B). The power hierarchy triangle , using my chained analysis, can be used as a life standard scale then also a hea lthy relationship scale then furthermore an equality scale were on average there is small equality.To criticise Ann Oakley she did not assess the difficulty of paid work for men in those times as men did have to endure a large amount of responsibility when undergoing mental and physical tasks, when using emotional influence to excel their career and to say the least making sure his family didn’t end up on the streets (welfare and benefits were minuscule). This research if done could tip the scales of equality in this era. Also in those times women didn't expect to be treated equally the idea of the housewife was passed down from mother to daughter in order for their daughter and her children after to be able to excel in the class system.So can we really criticise the inequality that men created if the teaching of being the housewife were being passed down by women. Newer studies of the household chore from the British social attitudes survey (1997) showed an increase in the e quality between husband and wife where men would contribute to domestic work; march of progress. But all the same the men are still the minority when it comes to the most responsible figure in the household. Which suggests the ideology of the housewife is still present and so the symmetrical family is still an idea society is fighting for; old habits die hard.In comparison of both research studies I see that the idea of the housewife is still present hindering the chances of equality/the symmetrical family. But equality between couples has developed/progressed as we see men are taking part in more domestic work/household chores. The second type of role that takes part within the family is childcare. Boulton (1983) wrote a book â€Å"On Being a Mother† and it discusses how men do look after the children but in their own benefits and didn't actually take primary responsibility.In example a mother would need help looking after the children as she had a huge amount of domestic wo rk to tend to so the father would take the children out for ice cream the mother would never be able to do that because she's always busy and the father gets to go out for pleasure. In this case the children spend time with the father not because the father has the responsibility but because the mother, the primary carer, could not tend to them and in the end the father gets to enjoy his time while the mother is at home putting the family above herself.There's a vast amount of inequality between the segregated couples which regresses the idea of the symmetrical family. Ferri and smith (1996) had a similar study but on a vast scale and the found that there was hardly any equality between couples in contributing to family roles as the father would have he easier tasks and the women would be the labour in the household. They also found that if women contributed to putting bread on the table they would still have to contribute to the domestic labour as much as any other women as if it w ere a privilege to be able to go out and work.This also contributing to the idea that equality between couples has regressed as the large majority of the data concludes that women are overworked by men. Decision making is the third role that is dispersed between the partners and we find that men usually make larger decisions while women keep to the smaller ones which involve their domestic work. Edgell (1980) found that men made decision on 3 areas that were important to both partners: moving house, finance and cars. While the women would make decision that was important but weren't seen as important to both partners e. tonight's diner, shopping for food, children's clothing etc. Due to the unappreciative attitudes each partner gave to the smaller but frequent tasks women undertook the man was considered as the power house where all decisions of and for the household were made. Understanding this we can see that equality could not progress because both partners are lead to believe t hat the smaller more frequent tasks are insignificant causing regression in equality between couples. Backing this statement is the second part of Edgell’s study was half the men and women said equality was a bad thing.We could assume that the man was taking lead on the decision and influencing the wife but most likely they saw each other as incapable of preforming their â€Å"set† tasks. Although there are criticisms of Edgell's study coming from another feminist NB Davis (1991) and she has experienced the idea that women can use their abilities of persuasion and power to manipulate and even undermine men's' power. If thought about the hypothesis is valid but there is no study to back that statement how do we know that women only accept their social status so they can sway the power in their direction.This study was 10 years later and we now have the understanding that women are capable of tipping the power distribution in their favour which may not be the best way to insure equality but it is effective. Even though this occurs I don't think most women have the capability of subtly controlling men to the point were they have the power and control within the relationship or equal to so I still stand on saying there is a regression in equality between couples. Pahl (1993) in research on the role of finance, the forth role, in a family found the men dominated in controlling the finances of the house.He found that if both couples were in paid work the man controlling the finances were more common and in the least likely of cases only one of the couples would work and that one would control the finances again most likely the man. We see an emerging pattern of men dominance in any case which regresses the idea of equality in distribution of domestic roles. But Pahl's study did find equality between men and women in managing the finances (a quarter of the results) which in comparison with industrial times the amount is pretty high as women were expecte d not to work at all and never to manage finances.So we can actually derive that there has been a progression, however slow, in the equality of men and women. In criticism men are naturally better at mathematics then women it is known in education that boys usually achieve higher in Maths while women usually excell in English so it can't just be based on the idea that men dominate the important tasks of the family linking in with decision making. The fifth but one of the most influential roles for men is the career role â€Å"someone to put bread on the table†. Martins and Roberts (1984) found that men are more likely to take part in domestic labour if the women worked full time. More likely† is an indication that even though the women took the role of the man would still be disinclined to take the responsibilities of the woman (54%). Women found it much harder to start and grow a career (Item B) so you would think men would have enough understanding and sympathy for th e majority to help out but it wasn't the case. Their second part of the research found that 74% of part time working women took full responsibility for domestic labour. This indicates very low levels of equality in this point in time.To argue Gershuny (1982) found that on average hours spent on conjugal roles for women was less of that of men if the man was in full time work. In older times on average more men were in full time work than women we would see that men's argument of equality would be better weighted than women. Sulvian (1996) found that most men spent their free time socialising and relaxing while women spent most of their free time to housework. This point could tip the scales to show balance between men and women on hours spent on conjugal roles; but it really depends on your point of view.Some people would argue that â€Å"a women's work is never done† because they want to create a perfect home not because they need to. I my opinion women do their work out of good will and because of this progression to the symmetrical family may be hindered. I derived this as women would be less likely to share their conjugal roles with the incapable domestic workers, men. Even with this is sight I see progression in equality amongst couples as Hardill el al (1997) found different data to Martin and Roberts (1984) but found evidence of joint decisions and some movements of equality.On time based judgements I say that career based roles in contribution to conjugal roles between couples are becoming more equal; as we see an emergence in joint decisions and shared labour. The sixth and darkest side of the family is the emotion and violence role. Duncombe and Marsden (1995) found evidence to construct the triple shift theory were in the most unequal situation women would do the domestic labour be in full employment and use their emotional capabilities to create a stable and happy family.Their research shows that undertaking the role of emotional work is a g reat responsibility as you must not only understand yourself but the rest of the family too. Not only that because the children are too young to see the problem and, research shows, the father denies it the women gets singled out. Which leads to the inescapable situation: the women out of good will try to make sure her family see the problem and because of that she is exposed to domestic violence.Dobash and Dobash (1979) found that out of 137 women 25% of them would receive beatings for poor behaviour. This occurred as they found the power relationship in marriage is unequal between the couples which then affects the later generations understanding of violence within the household due to visual socialisation. They also found that women were incapable of leaving their husbands due to financial dependence so again we find an inescapable situation were women are the victims. If we work through 1979 to 1995 we find that women found 2 escape routes to equality.One was to gain financial d ependence to start careers from young ages and not falling into this oppressed cycle (evidence being Item B â€Å"current high levels of divorce†). The other lead into the second oppressed cycle. By looking at this research and understanding the scientific principle of natural selection women have learnt to avoid violence/physical confrontation by becoming skilled in working with people’s emotions. Women may not always fall into the second cycle of oppression depending on their skill in emotion and the characteristics of each of the family members.These two routes may not always lead to equality but they lead to greater equality than that of the past showing a progression in equality amongst couples in society. Evaluating these different domestic roles I have found one conclusion on the equality between couples and its course. The symmetrical family is a feasible idea but time has taken its toll and partnerships continue to be unequal (Item B) but with time and underst anding of this situation we can progress. In the role of household chores we found slow but gaining rogression in the equality amongst couples most likely caused by guilt as it takes time for the reality to sink in to unravel ignorance and primary socialisation. In the role of childcare we see that regression in equality between couples is predictable as the father likes to take the easy way out not seeing or denying the problem the mother gets singled out (against fun). So really in this situation the father is the individual that needs to get the progression of equality motor running.In the role of decision-making we have seen regression in equality amongst couples this was caused by both partners inability to change for the better were both partners deny the significance of smaller but frequent tasks. In the role of finance we discover that progression is there as men are allowing women to take on careers they are more accepting to the idea of women managing their own finances an d in comparison with other roles this one has most progression in equality. In the role of the â€Å"bread winner†/careers we see an equal amount of progression as that of finance for the same reason (constant reminders of capability).In the role of emotions and violence work we derive with understanding that equality is progressing as women were able to grow and overlook their past. With this understanding women are able to show the error in men’s ways and with time ignorance and highly gendered division of labour (Item B) will be a thing of the past and socialisation will work for equality amongst couples. With that being said and the rest of the assessment being considered I can say that roles and relationships amongst couples are becoming more equal because of women.

Monitor Complience with Legislative Requirements

A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length Monitor Complience with Legislative Requirements A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length