The salvage operation of the 'Western Gambler' has been completed at Napier Point in the Lama Passage south of Bella Bella, British Columbia. Crews were successful in lifting and securing the vessel aboard a barge, which has been transferred to Bella Bella by the 'Westview Chinook' on Febn 28, 2025. Plans were underway to transfer the vessel to a salvage facility in the Lower Mainland. Dive operations focused on removing debris from the marine environment. Together, with Heiltsuk Tribal Council Marine Emergency Response Team Mariners and the Province of British Columbia, a response team of the Canadian Coast Guard conducted a shoreline cleanup assessment. On Feb 27 the salvage operation had started, with crews successfully righting the wreck, which has been towed to sheltered waters in Shearwater. On Feb 20 the fishing vessel had capsized three kilometers south of Bella Bella. The Bella Bella station crew rescued the four fishermen onboard, no injuries were reported. The Heiltsuk Tribal Council Marine Emergency Response Team deployed containment boom around the vessel and were protecting shorelines and the McLoughlin Bay hatchery from potential impacts. Reports with photos: https://www2.gov.bc.ca/gov/content/environment/air-land-water/spills-environmental-emergencies/spill-incidents/vessel-incident-napier-point https://www.vancouverislandfreedaily.com/news/large-fishing-boat-overturns-and-leaks-on-bc-north-coast-fishermen-rescued-7832335
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ESCO
On Feb 27, 2025, the Admiralty Court in London has granted the Elise Tankschifffahrt, awarding GBP 90,000 to the SD Rebel BV and the crew of its tug 'VB Rebel' (IMO: 9600774) for salvage services rendered to the 'Stella', now sailing as 'Esco', in a complex case concerning the enforcement of a jurisdiction clause and the definition of salvage under the Salvage Convention, enshrined in UK statute as part of the Merchant Shipping Act 1995. On Nov 14, 2023, the tanker,then owned by the Elise Tankschifffahrt, ran aground at the Scheurhaven, Rotterdam. The vessel was carrying a hazardous cargo, posing a substantial risk to the environment and nearby infrastructure and so, in response to the emergency, the tug 'VB Rebel',, owned by SD Rebel BV, was dispatched to provide salvage services. The salvage operation was successful, and a Certificate of Safe Delivery was signed by both parties. This certificate included a jurisdiction clause stipulating that any disputes arising from the salvage operation would be settled in London under English law but, despite this agreement, Elise Tankschiffahrt launched legal proceedings in the Rotterdam District Court, challenging the validity of the jurisdiction clause and the nature of the salvage services provided. The claimants, SD Rebel and the crew of the tug, sought an anti-suit injunction, together with costs, to prevent the Elise Tankschifffahrt from continuing the proceedings in the Rotterdam District Court, positing that the services provided by the tug constituted salvage under the Salvage Convention, that the jurisdiction clause in the Certificate of Safe Delivery was clear and enforceable, and that the defendant’s initiation of proceedings in the Netherlands breached this agreement. The claimants also pressed home the point that, because of the hazardous nature of the tanker's cargo, the crew faced great peril in undertaking the operation. The defendant Elise Tankschiffahrt did not appear and was unrepresented, but did provide the court with witness statements and expert reports. These challenged the validity of the jurisdiction clause, calling on the non est factum defence and averring that the clause was uncertain, ambiguous and not properly explained to them at the time of signing, rendering it unenforceable. Moreover, the defendant contended that the services provided by the 'VB Rebel' failed to meet the criteria for salvage under the Salvage Convention because the operation was routine and did not involve the level of danger or skill required to qualify as salvage. As such, they claimed that the English court lacked jurisdiction to hear the case and that the proceedings should continue in the Netherlands. Admiralty Registrar Davison concluded that the services provided by the tig did indeed constitute salvage under the Salvage Convention, holding: “The professional nature of the salvage services provided […] and the inherent danger faced by the MV STELLA justify the award granted.” However, he also justified the relatively modest sum awarded, calling on The Nagasaki Spirit [1977], which concerned the interpretation of salvage remuneration under Article 13 of the International Convention on Salvage 1989. In that case, the vessel Nagasaki Spirit collided with another ship, causing a major oil spill and fire. Salvors undertook extensive efforts to control the situation but received only a modest remuneration due to a low market value of the salved property. They argued for a fairer reward under Article 13, which considers factors such as risk, skill and environmental protection but, while acknowledging the bravery of the salvage crew, the House of Lords held that salvage remuneration is primarily based on the value of the salved property, even when the salvor’s efforts prevent environmental damage. Registrar Davison also addressed the validity of the jurisdiction clause in the Certificate of Safe Delivery. He rejected the defendants’ arguments of non est factum, ruling: “The jurisdiction clause in the Certificate of Safe Delivery is clear and enforceable, and the defendant’s actions in pursuing proceedings in the Netherlands constitute a breach of this agreement.” He further noted that allowing the Dutch proceedings to continue would undermine the jurisdiction agreement and create unnecessary legal uncertainty.
RNLI LIFEBOAT 16 04
On March 2, 2025, the Padstow RNLI boat 'Spirit of Padstow' launched at 3.38 p.m. to reports of the fishing vessel 'PW 26', which had run aground at The Rumps in Polzeath, Cornwall. The crew arrived on scene to find the fishing vessel heeling to port side and already being partly submerged. The two crew members had managed to get to nearby rocks. The Padstow RNLI launched their Y boat to reach the castaways, who were then transferred to Padstow's all-weather lifeboat, where they were checked for any medical issues. Polzeath Coastguard were also on scene providing support. The Padstow RNLI lifeboat took the fishing vessel crew safely into Padstow Harbour, who were met by their waiting family. Padstow crew then returned to the lifeboat station and were refuelled and ready for service by 5.50 p.m. The Polzeath Coastguard Rescue Team also responded to the reports of the ship striking rocks and sinking. No reports of significant pollution had been received in relation to the boat and its salvage team was monitoring the incident. Some debris has been recovered by a local vessel, Reports with photos and video: https://rnli.org/news-and-media/2025/march/03/padstow-rnli-volunteers-assist-fishing-vessel-gone-aground https://www.bbc.com/news/articles/cly8vv08358o https://www.itv.com/news/westcountry/2025-03-03/fishing-boat-sinks-after-getting-stuck-on-rocks https://www.cornwalllive.com/news/cornwall-news/two-people-rescued-after-fishing-9989904
MSC BALTIC III
The 'MSC Baltic lll' is still aground in one piece in Cedar Cove near Lark Harbour, while the cove has filled with ice since the start of March. There was no pollution reported and no additional damages to ship or ots cargo. Coast Guard crews were monitoring the vessel, and pollution equipment was aboard the CCGS 'Jean Goodwill'. The focus remained on removing the approximately 1.7 million liters of bunker oil and marine gas oil on board. What will then happen to the ship's cargo of approximately 470 containers has not yet been decided. More than half of the containers are empty, while the other half is not only loaded with food, wood, metals, fabrics and paper products, as initially announced, but also with dangerous goods such as metals and chemical products and polymeric beads. MSC have secured the hazardous containers still on board to avoid any risk of marine pollution and have a plan for their removal, The Eastern Canada Response Corporation has assembled large quantities of equipment for containment and collection of oil at sea, in Lark Harbour, close to the accident site.
VB REBEL
On Feb 27, 2025, the Admiralty Court in London has granted the Elise Tankschifffahrt, awarding GBP 90,000 to the SD Rebel BV and the crew of the 'VB Rebel' for salvage services rendered to the 'Stella' (MMSI: 218030600), now sailing as 'Esco', in a complex case concerning the enforcement of a jurisdiction clause and the definition of salvage under the Salvage Convention, enshrined in UK statute as part of the Merchant Shipping Act 1995. On Nov 14, 2023, the tanker,then owned by the Elise Tankschifffahrt, ran aground at the Scheurhaven, Rotterdam. The vessel was carrying a hazardous cargo, posing a substantial risk to the environment and nearby infrastructure and so, in response to the emergency, the tug 'VB Rebel',, owned by SD Rebel BV, was dispatched to provide salvage services. The salvage operation was successful, and a Certificate of Safe Delivery was signed by both parties. This certificate included a jurisdiction clause stipulating that any disputes arising from the salvage operation would be settled in London under English law but, despite this agreement, Elise Tankschiffahrt launched legal proceedings in the Rotterdam District Court, challenging the validity of the jurisdiction clause and the nature of the salvage services provided. The claimants, SD Rebel and the crew of the tug, sought an anti-suit injunction, together with costs, to prevent the Elise Tankschifffahrt from continuing the proceedings in the Rotterdam District Court, positing that the services provided by the tug constituted salvage under the Salvage Convention, that the jurisdiction clause in the Certificate of Safe Delivery was clear and enforceable, and that the defendant’s initiation of proceedings in the Netherlands breached this agreement. The claimants also pressed home the point that, because of the hazardous nature of the tanker's cargo, the crew faced great peril in undertaking the operation. The defendant Elise Tankschiffahrt did not appear and was unrepresented, but did provide the court with witness statements and expert reports. These challenged the validity of the jurisdiction clause, calling on the non est factum defence and averring that the clause was uncertain, ambiguous and not properly explained to them at the time of signing, rendering it unenforceable. Moreover, the defendant contended that the services provided by the 'VB Rebel' failed to meet the criteria for salvage under the Salvage Convention because the operation was routine and did not involve the level of danger or skill required to qualify as salvage. As such, they claimed that the English court lacked jurisdiction to hear the case and that the proceedings should continue in the Netherlands. Admiralty Registrar Davison concluded that the services provided by the tig did indeed constitute salvage under the Salvage Convention, holding: “The professional nature of the salvage services provided […] and the inherent danger faced by the MV STELLA justify the award granted.” However, he also justified the relatively modest sum awarded, calling on The Nagasaki Spirit [1977], which concerned the interpretation of salvage remuneration under Article 13 of the International Convention on Salvage 1989. In that case, the vessel Nagasaki Spirit collided with another ship, causing a major oil spill and fire. Salvors undertook extensive efforts to control the situation but received only a modest remuneration due to a low market value of the salved property. They argued for a fairer reward under Article 13, which considers factors such as risk, skill and environmental protection but, while acknowledging the bravery of the salvage crew, the House of Lords held that salvage remuneration is primarily based on the value of the salved property, even when the salvor’s efforts prevent environmental damage. Registrar Davison also addressed the validity of the jurisdiction clause in the Certificate of Safe Delivery. He rejected the defendants’ arguments of non est factum, ruling: “The jurisdiction clause in the Certificate of Safe Delivery is clear and enforceable, and the defendant’s actions in pursuing proceedings in the Netherlands constitute a breach of this agreement.” He further noted that allowing the Dutch proceedings to continue would undermine the jurisdiction agreement and create unnecessary legal uncertainty.