US marine casualty reporting – update

Further to our Alert of 28 August 2014 focusing on the reporting requirements for marine casualties in waters subject to US jurisdiction and the waters within the US Exclusive Economic Zone (EEZ), the US Coast Guard has now issued an updated and finalised Navigation and Vessel Inspection Circular (NVIC) clarifying the reporting requirements.

The finalised NVIC provides additional guidance for standardising the collection and reporting of marine casualty data by clarifying existing regulations, policies, and procedures. Specifically, the enclosure to the circular provides guidance in the evaluation of occurrences that may constitute a reportable marine casualty or hazardous condition. The Coast Guard should be notified of a hazardous condition under 33 CFR 160.216 for certain types of incidents that do not reach the threshold of a reportable marine casualty. One example is a fall overboard that does not result in injury or death but may create a hazardous condition when manoeuvring in congested waters. Another example is a "bump and go" grounding where the vessel touches bottom momentarily without causing damage to the ship or the environment.

Such incidents are now defined in the enclosure and the NVIC makes clear that hazardous conditions such as these must be reported to the USCG. Once received, USCG will review the facts and may then advise whether it is a ‘reportable incident’, necessitating a formal incident report. If there is any doubt whether an occurrence is a reportable marine casualty, the Coast Guard strongly encourages those involved to contact the nearest Officer in Charge, Marine Inspection (OCMI), typically via the nearest Coast Guard Command Center, to determine the appropriate response.

Members and clients with vessels operating in US waters should ensure that their fleets have available the most recent version of the US marine casualty report forms and commence using these immediately. It is also important to ensure that crews and operational personnel are well aware of the requirement to immediately notify the USCG of any hazardous conditions or casualties on board, as failure to report a vessel’s hazardous condition could be considered a criminal act.