Independent Review of the M/V Marathassa Fuel Oil Spill Environmental Response Operation

Table of Content


Annexes

ANNEX A - Terms of Reference for the Review

Independent analysis and assessment of the MV Marathassa fuel spill environmental response operation in English Bay, British Columbia

TO: John Butler, Assistant Commissioner (Ret'd)

FROM: Jody Thomas, Commissioner, Canadian Coast Guard

TERMS OF REFERENCE FOR AN INDEPENDENT ANALYSIS OF THE ENVIRONMENTAL RESPONSE OPERATION ASSOCIATED WITH THE APRIL 8, 2015, MV MARATHASSA BUNKER C FUEL SPILL EVENT

You are to provide to me an independent, unbiased analysis and assessment of the Canadian Coast Guard’s (CCG) environmental response operation associated with the MV Marathassa Fuel spill event in English Bay, taking into account the provisions of the Canadian Coast Guard (CCG) Marine Spills Contingency Plan (National and Regional Chapters), Canada’s Marine Oil Spill Preparedness and Response Regime, relevant legislation, and these Terms of Reference. A broader list of legislation, plans, policies, and directives to be taken into account is included inAppendix A. Also included in Appendix A is a list of key federal authorities, other levels of government, and non-government stakeholders, which you are required to engage, at a minimum, throughout your review.

Based on official government sources of information, you are to summarize the facts surrounding the outcome of the environmental response operation from the initial call until the conclusion of the CCG response, as signified by the culmination of the Unified Command.

You are to provide me with a high-level assessment of events that occurred on the MV Marathassa’s maiden voyage between Japan and Vancouver, BC, including any significant events that may or may not have contributed to the pollution event.

You are also directed to review:

With respect to this specific environmental response operation, and within the scope of your mandate, you are to provide recommendations, if deemed necessary, to improve the communications and operational protocols, standards, practices, actions, procedures, and directives that pertain to environmental response.

In addition, your analysis is not to express any conclusion or recommendation regarding the civil or criminal liability of any person or organization. For greater certainty, you are not to interfere with or to jeopardize any ongoing regulatory investigation, criminal investigation or criminal proceeding conducted by other public entities in relation to these events.

To support you in your assessment and in the development of your report, you will be supported by a Secretariat comprised of federal officials, who will provide a combination of subject matter expertise, analytical, research, writing, and administrative support.

You and the members of your team will be required to sign a document that will create an ethical wall to help ensure that you are able to provide an independent, unbiased review.

All CCG personnel are hereby required to assist you in this review by responding to questions and providing any requested documentation. Your primary CCG contact is Mr. Jeffery Hutchinson, Director General, National Strategies ( Jeffery.Hutchinson@dfo-mpo.gc.ca), Tel: 613-993-7728.

You and your team are required to manage all information related to the review in accordance with federal law, including the Access to Information Act and the Privacy Act. Any requests that you receive to share information should be discussed with Mr. Hutchinson, who will ensure that appropriate legal and expert advice is sought regarding the release of information.

Your final report will be provided to me on or before July 19, 2015. The final report will be translated and the Minister will subsequently make this report public, no later than July 31, 2015.

Legislation, plans, policies, and directives to be taken into account:

Key federal authorities, other levels of government, and non-government stakeholders which you are required to engage, at a minimum:

ANNEX B - Chronology of Events

Chronology of Events - M/V Marathassa incident

Chronology of Events - M/V Marathassa incident
Local Time Events Source Comments
WEDNESDAY APRIL 8, 2015
11:00 An aerial observation of the vessel earlier indicated that there was no pollution observed Port Metro Vancouver (PMV)  
DISCHARGE
16:45 Recreational boater off of 3rd beach smelled something like asphalt and observed a large slick on the water (later phones 911 at 17:05 to report) Sailing Vessel comment  
NOTIFICATION
16:48 Canadian Coast Guard (CCG) received a call from Vessel High Frequency Channel 12 from vessel Hali reporting oil sheen in English Bay CCG  
16:54 Member of the public calls CCG from Sandman on Denman Street to report a slick CCG  
17:00 Member of the public calls PMV from Sandman Hotel on Davie Street to report a slick PMV  
17:04 CCG called PMV to notify them of the pollution report. PMV advised they had just received similar report from concerned citizen and were tasking a PMV vessel to investigate CCG  
17:05 Recreational boater phoned 911 to report pollution. The 911 Operator took his number to pass on to CCG, via the Joint Rescue Coordination Centre (JRCC) Sailing Vessel comment  
17:07-08 JRCC contacted the recreational boater and then passed information to CCG Personal comment and CCG  
17:08-17:10 CCG Environmental Response Duty Officer (Prince Rupert) notified of possible oil slick CCG  
17:10-17:16 CCG issued pollution report email to: Fisheries and Oceans Canada (DFO), Environment Canada, Transport Canada (TC), JRCC, PMV and Emergency Management BC CCG
PMV
 
17:10 PMV deployed vessel to investigate PMV  
17:12 PMV vessel departed Main Street dock PMV  
17:14 CCG internally alerted regarding possible oil slick around anchorage 12 CCG  
17:15 PMV internally alerted PMV  
17:18 PMV contacted agent for M/V Marathassa PMV  
17:22 Province of BC received notice from CCG regarding bunker fuel oil spill in English Bay and internally alerted. Province of BC  
17:27 Dangerous Goods Incident Report (DGIR) from Province of BC: DGIR 150065-Ocean. Code 1. Possible Bunker oil approximately 200 sq. metres. Harbour Master investigating possible oil near M/V Marathassa Province of BC  
ASSESSMENT
17:30 PMV vessel arrived in the area and discussed with the sailing vessel Hali to identify where the concentration of oil was observed PMV  
17:35 Captain of the M/V Marathassa acknowledged there was a substance around their vessel but denied it had come from their vessel PMV  
17:40 PMV was in area deploying sorbent pads PMV  
17:45 PMV contacted Nav Canada Vancouver Harbour Control Tower for assistance in identifying the source PMV  
17:50 PMV estimates that substance is recoverable and unlikely to break up before reaching the beach PMV  
17:52 Nav Canada Vancouver Harbour Control Tower reported that an incoming Helijet saw a sheen and identified the vessel in Anchorage 12 as the possible source PMV  
17:53 Resident from West Vancouver phoned to report of oil on the water CCG  
17:56-17:58 PMV reported to CCG that there appears to be recoverable pollutant in the area and requested a recovery vessel CCG & PMV First Assessment of recoverable oil
17:58 CCG internally discussed the reported oil slick and that PMV could task the Western Canada Marine Response Corporation (WCMRC) to respond CCG There is uncertainty of responsibilities under the Letter of Understanding
18:00 PMV internally alerted and alerted WCMRC of a potential call-out from CCG PMV  
18:04 CCG internally alerted via copy of the Pollution Report CCG  
18:05 CCG Environmental Response officer contacts PMV. They discuss a large patch of oily pollutant approximately 10m X 100m in English Bay, estimated as recoverable by the PMV vessel. PMV requests that CCG initiate spill response. CCG suggest that it could take approximately 1 hour to 90 minutes for CCG to arrive on scene and suggested that PMV contact WCMRC PMV & CCG  
18:08 CCG provided WCMRC a ‘heads up’. WCMRC indicated they have spoken to PMV and are standing by CCG & WCMRC CCG expects PMV to activate WCMRC
18:20 CCG distributed Pollution Report 2015-0210 (initial Report): The Pollution Report noted that an area of 200 sq. metres of pollutant, possible Bunker C, some of it in tar balls CCG  
18:20 PMV internally discussed CCG suggestion for PMV to activate WCMRC PMV PMV expects CCG to activate WCMRC
18:25 WCMRC received message from PMV via activation line, and returned call to PMV to say the local representative will contact them. WCMRC confirmed receipt of message from CCG WCMRC, PMV & CCG  
18:30 WCMRC and PMV discussed the large slick of recoverable fuel oil in English Bay. WCMRC advised that arrival time would be about 90 minutes PMV  
18:35 WCMRC decided to mobilize crews as an exercise WCMRC  
18:30-18:45 PMV vessel re-checks area of major sheen (Anchorage 15 to 13) to try and locate the source of the pollution, but did not locate any other large pools. The vessel returned to area where the sorbent pads were deployed, and recovered oily pads. PMV spoke with WCMRC, who confirmed that they have not been contracted; however, were mobilizing as an exercise. PMV & CCG Visible oil is collected; there is confusion about who will contract WCMRC
18:52 PMV internally discuss obtaining advice from WCMRC on what they were observing PMV & WCMRC  
18:58 PMV internally discussed the behaviour of the sheen, the small area affected, the large size of the sheen, and inability to locate the source and potential sources PMV  
19:03 PMV vessel reports to WCMRC what they were observing; from this discussion, it is understood that PMV is standing down WCMRC Perception is that PMV is standing down
19:15 PMV Duty Harbour Master requests an update from the PMV vessel regarding discussion with WCMRC PMV  
19:17 Private Cessna called PMV to offer photos that were taken at 18:52 PMV  
19:23 WCMRC confirmed to CCG that they have been stood down by PMV CCG  
19:27 PMV received photos from the private Cessna PMV  
19:30 Recreational boater passing the stern of the M/V Marathassa observed activity on deck and that a PMV vessel was in the area Sailing Vessel Comments  
19:30 PMV internally discussed the significance of the fuel oil spill following receipt of photos. Actions discussed: Board the M/V Marathassa for samples; call CCG and WCMRC. PMV returned to Main Street dock to pick up sampling kit PMV  
19:32 CCG internally updated that WCMRC have been stood down CCG  
19:34 PMV left a message with WCMRC advising of the significance of the spill and requested a return call. PMV then called CCG to ensure that WCMRC would be activated PMV  
19:35 PMV internally discussed the photos taken by the Cessna that indicated a much larger fuel oil spill than originally thought. PMV vessel collected sampling kit and proceeded to English Bay to board the M/V Marathassa PMV  
19:40 CCG internally updates that WCMRC was standing down CCG  
19:40 CCG distributed Pollution Report 2015-0210 (Update #2) – the spill has been investigated and deemed non-recoverable   CCG at this time did not have the most up-to-date information on the extent of the fuel oil spill
19:45 PMV called CCG, but could not connect by phone PMV There were connectivity issues in reaching CCG
19:48 DGIR 150065-update #1. Code 1. Spill investigated by Harbour Master and deemed not recoverable. Harbour Master vessel stood down Province of BC This is based on information from CCG at 19:40
19:50 PMV vessel departs Main St. dock with sampling kits PMV  
19:51-19:52 PMV contacted CCG and is provided alternate phone number CCG & PMV Spill is described as substantial
19:55 PMV contacted CCG on alternate phone number to advise of the significance of the fuel oil spill, as per the photos, and to advise that CCG needed to take action. Photos were then sent to CCG PMV  
RESPONSE
19:57 CCG tasked WCMRC based on subsequent reports of fuel oil on water CCG  
19:58 PMV contacted WCMRC to report lots of fuel oil on the water. WCMRC re-mobilized WCMRC  
20:01 WCMRC confirmed to CCG that they were mobilizing CCG  
20:11 PMV contacted TC PMV  
20:26 WCMRC emailed work order to CCG WCMRC  
20:26 CCG updated pollution report to indicate WCMRC had been contracted and was responding CCG  
20:35 PMV vessel contacted by radio by M/V Marathassa to board the vessel CCG  
20:38 CCG Vancouver contacted to take command of the response as lead agency CCG CCG Vancouver takes command as lead agency
20:40 CCG contacted WCMRC to exchange information and to coordinate activities CCG  
20:45 First WCMRC vessel crewed, en route to scene WCMRC  
20:51 CCG contacted Environment Canada (EC) National Environmental Emergency Centre (NEEC) to request trajectory modelling and environmental sensitivities CCG  
20:55 PMV boards the M/V Marathassa for investigation PMV  
21:00 CCG alerted TC TC  
21:04 CCG distributed Pollution Report 2015-0210 (Update #3) – PMV has reassessed the spill from aerial photos and the spill is much larger than originally predicted. WCMRC has been contracted CCG  
21:05 CCG sent initial National Incident Notification Protocol message (NINP) for national distribution CCG  
21:25 WCMRC crews arrived on scene and began collecting fuel oil and skimming; source of the spill is still not identified WCMRC Oil recovery commenced by the Response Organization
21:30 CCG arrived at PMV CCG  
21:31 Province of BC received pollution report from CCG that spill is larger than originally thought and was advised that WCMRC was contracted Province of BC  
21:31 DGIR 150065-update #2. Code 1. Port reassessed and spill is larger than originally thought. WCMRC dispatched Province of BC  
21:54 CCG contacted Vancouver Police Department (VPD) non-emergency to ask if they had any reports of oil on the beaches or smell of oil. No reports CCG  
22:09 CCG distributed NINP #1 message. Reported significant spill with high media attention CCG  
22:10 CCG on scene at Anchorage 12 with a PMV vessel CCG  
22:15 Second WCMRC vessel began skimming. WCMRC  
22:15 Province of BC spoke with CCG and advised they would have people on scene in the morning CCG  
22:30 DFO Communications alerted by JRCC CCG arrived at anchorage 12 on board PMV vessel to begin inspection of the scene and suspect vessel DFO
CCG
 
22:38 Province of BC internally alerted: Notification – Code 1. Distributed as a head’s up Province of BC  
23:13 CCG Vancouver provided CCG Headquarters with map and photos of spill CCG  
23:16 CCG vessel FRC Moorhen tasked from Sea Island JRCC  
23:30 WCMRC “MJ Green” on scene. The vessel is better equipped for night time operations with forward looking infrared camera WCMRC  
23:30 CCG and PMV board M/V Marathassa to inspect the holds and bilge CCG  
23:54 CCG FRC Moorhen on scene JRCC  
THURSDAY APRIL 9, 2015
00:45 CCG issued notice to the Captain of the M/V Marathassa to request his intentions of how he planned to respond to the fuel oil coming from his vessel. A response was requested by 05:00 CCG  
01:13 CCG requested a NOTSHIP for vessels to reduce their speed while transiting English Bay to minimize the spread of pollution CCG  
01:15 CCG received update from WCMRC regarding skimmed fuel oil volumes (approximately 800L) CCG  
01:19 CCG received trajectory modelling from EC CCG  
02:57 Province of BC received update from CCG, who requested further contact  Province of BC  
02:57 DGIR 150065-update #3. Code 1. CCG requests to speak with Province of BC regarding the incident Province of BC  
03:07 Province of BC in Prince George spoke with CCG CCG  
03:22 CCG distributed Pollution Report 2015-0210 (Update #5) – WCMRC crews continue to skim, CCG is on scene, TC overflight planned for first light. No known source, continue to investigate. Oil sightings have been limited to sparse patches and tar balls CCG  
03:25 CCG and WCMRC determined need to boom vessel, after indications of fresh fuel oil being discharged from the M/V Marathassa. Estimated 1 cubic metre of heavy oil recovered so far WCMRC  
04:36 WCMRC began deployment of boom around M/V Marathassa WCMRC  
Footnote 2605:00 A representative for the M/V Marathassa contacted CCG and denied the vessel was the source of pollution CCG  
05:17 DGIR 150065-update #4. Code 1. CCG on scene, TC overflight planned. WCMRC conducting skimming ops. No source identified Province of BC  
05:25 Booming of vessel complete WCMRC Source of fuel oil is contained approximately 12.5 hours after the initial report
06:00 WCRMC called the City of Vancouver to advise that WCMRC had been activated for a spill that now appears to be significant WCMRC A standard practice for WCMRC
06:27 CCG requested space from PMV to coordinate response; PMV Emergency Operations Centre (EOC) was activated. City of Vancouver contacted PMV for an update PMV  
06:30 Vancouver Coastal Health (VCH) alerted by the City of Vancouver of the spill in English Bay Vancouver Coastal Health  
07:00 CCG, as lead agency, established Unified Command at PMV. Fuel oil patches were throughout English Bay with pollution sheen reaching Vancouver and West Vancouver Beaches CCG Unified Command established with CCG lead
07:00 North Shore Emergency Management Office (NSEMO) was contacted by WCMRC City of West Vancouver, City of North Vancouver, District of North Vancouver  
07:30 Province of BC arrived at PMV; a City of Vancouver representative was already present Province of BC  
07:45

PMV contacted the Province of BC and asked why the City of Vancouver had not been contacted through pollution reports. PMV was informed that this is a federal concern

PMV  
08:21 The City of Vancouver contacted the Province of BC to request task # to activate in response to spill. The Province of BC assigned TASK # 160240 Province of BC  
08:30 Vancouver Aquarium alerted of the spill via the media. Activated their assessment team to assess the risks to the Aquarium Vancouver Aquarium  
09:00

Tsleil’Waututh First Nation alerted by the Province of BC

Tsleil’Waututh  
10:11

Province of BC confirmed that First Nations, VCH, Oiled Wildlife Society and Vancouver Aquarium had been notified

Province of BC  
10:15 CCG Helicopter overflight of English Bay with representatives from ER, the Province of BC and WCMRC WCMRC  
11:00 First Media Brief held by CCG DFO Communications First Formal media briefing
11:48 CCGS Siyay tasked to support response communications English Bay JRCC  
12:20 NASP overflight estimates 2800 L oil on water. CCG flight estimates 2000 L in the main black oil slick. No shoreline impact or distressed wildlife observed WCMRC  
12:48 CCG NINP update #1 issued: WCMRC responding to the spill; 3 WCMRC Vessels using Skimming Equipment recovering oil. Spill source remains a mystery, but suspect vessel has been boomed. TC is on board the suspect vessel today. CCG Helicopter tasked to perform overflight with ER Specialist on board; ETA on scene 1015PDT. TC 951 (NASP Aircraft) has been tasked and will be overhead at 10:45 CCG  
14:00 CCG Helicopter transports CCG personnel from Victoria to Vancouver to participate in Unified Command CCG  
14:40 CCG Environmental Response Pollution Response Vessel III 735 away from Steveston, proceeding to English Bay JRCC  
15:00 Media Brief with CCG DFO Communications  
15:02 NSEMO contacted the Province of BC to request task # to activate in response to spill Province of BC  
15:27 DGIR update #6. Incident elevated to Code 2 based on extensive media coverage and resource demands beyond local government capabilities Province of BC Province elevates to Code 2
18:06 NASP overflight estimates 667.7 litres of oil on water in English Bay, mostly grey sheen with occasional patches of brown/black oil TC  
19:00 No oiled wildlife has been observed at collection sites. TC officers have inspected on board and are not yet able to confirm source. Shoreline assessments are being carried out by WCMRC and MOE, some oil reported at variety of sites    
19:52 CCG Headquarters personnel arrive in Vancouver with the Commissioner CCG  
20:00 Media brief with CCG DFO Communications  
21:30 TC advised (unofficial) that M/V Marathassa was the likely source of pollutant    
22:48 CCG distributes NINP update #2. Updated on water activities CCG  
Unspecified Stanley Park Ecological Society (SPES) informed of the spill by Aquarium staff and Parks Board. Arrived at Second Beach looking for presence of oil SPES  
FRIDAY APRIL 10, 2015
06:00 Incident Command Incident Action Plan (IAP) for the day:
Continue with SCAT
Continue with Shoreline clean
Mobilize for Wildlife Recovery
Prepare for demobilization
ICP Records  
08:30 Media briefing with CCG and TC DFO Communications  
09:12 NASP overflight estimates 40 litres of oil on water English Bay NASP  
10:30 DFO Communications invited into Unified Command DFO Communications  
12:00 (east) VCH invited to participate in the Environmental Unit after a CCG media briefing VCH  
14:00 Media briefing with Minister Moore and CCG DFO Communications  
14:10 NASP overflight estimates 5.9 litres of oil on water, non-recoverable TC  
20:00 Noted in ICP Brief that a representative from the vessel owner has agreed they are the responsible party (RP) ICP Records  
20:00 TC contracted divers to inspect the hull of M//V Marathassa– no conclusive report was determined at this time TC  
21:10 CCG NINP update #3: Detailing activities on the water, on the shoreline and in the ICP CCG  
SATURDAY APRIL 11, 2015
00:55 TC issues detention order to M/V Marathassa TC  
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up
Mobilize for wildlife recovery
Prepare for demobilization
ICP Records  
07:00 CCG Pollution Response Vessel II tasked to support shoreline clean-up at Siwash Rock (Stanley Park). PRV III tasked to Vanier Park (South shore English Bay) to support shoreline clean-up CCG  
10:00 Media briefing with CCG and other federal partners DFO Communications  
10:36 NASP overflight noted a light sheen of oil off stern of M/V Marathassa, calculated at 0.3 litres TC  
  DFO took on Public Information Officer role in Unified Command DFO Communications  
14:28 CCG NINP update #4: ICP open, Shoreline clean up, decontamination of vessels, and waterlines of ships, monitor wildlife rescue and rehabilitation CCG  
14:30 Media briefing with CCG and Provincial of BC DFO Communications  
SUNDAY APRIL 12, 2015
00:55 TC issues detention order to M/V Marathassa TC  
06:00 Incident Command IAP:
Control of Oil spill is complete
Objective for the day:
Continue with SCAT
Continue with Shoreline clean-up
Continue with wildlife recovery operations
Demobilization planning
Water sampling and sediment sampling
ICP Records  
7:00 CCG PRV II tasked to support shoreline clean-up at Siwash Rock (Stanley Park). PRV III tasked to Vanier Park (South shore English Bay) to support shoreline clean-up    
10:00 Media briefing with CCG DFO Communications  
10:36 NASP overflight noted a light sheen of oil off stern of M/V Marathassa, calculated at 0.3 litres TC  
Afternoon DFO visited Unified Command DFO  
MONDAY APRIL 13, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up
Vessel cleaning, including casualty (i.e. M/V Marathassa)
Demobilization if warranted
Mass Balance
Update stakeholder and public communications
ICP Records  
10:00 Media briefing with CCG DFO Communications  
18:04 CCG NINP update #5: Updates activities in the ICP CCG  
Unspecified Vancouver Aquarium invited to join the Environmental Unit Vancouver Aquarium  
Unspecified ITOPF arrived in Vancouver ITOPF  
TUESDAY APRIL 14, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up
Vessel cleaning including casualty
Demobilization if warranted
Mass Balance
Establish post-ICP project team
ICP Records  
10:00 Technical panel led by CCG DFO Communications Last formal media briefing
18:26 CCG NINP update #6: Updates activities in the ICP CCG  
WEDNESDAY APRIL 15, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up
Vessel cleaning including casualty
Conduct under hull cleaning of oil by divers
Mass Balance
Establish post- incident project team including decision to procure third party consultant
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
Wildlife management
ICP Records  
17:53 CCG NINP update #7: Updates activities in the ICP CCG  
THURSDAY APRIL 16, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up
Demobilization if warranted
Mass Balance
Establish post-incident project team, including decision to procure third party consultant
Complete testing to support decisions to open fisheries and beaches (sediment and crabs)
ICP Records  
16:01 CCG NINP update #8: Updates activities in the ICP CCG  
FRIDAY APRIL 17, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up and signoffs
Vessel Cleaning including the casualty
Demobilization
Mass Balance
Establish post-incident project team including decision to procure third party consultant
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
ICP Records  
18:01 CCG NINP update #8: Updates activities in the ICP CCG  
SATURDAY APRIL 18, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up and signoffs
Vessel Cleaning including the casualty
Demobilization
Mass Balance
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
ICP Records  
18:01 CCG NINP update #9: Updates activities in the ICP CCG  
SUNDAY APRIL 19, 2015
06:00 Incident Command IAP:
Continue with SCAT
Continue with shoreline clean-up and signoffs
Demobilization
Mass Balance
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
Demobilization for on-water assets
Long term Project Monitor Plan and Communications Release
Long term Data Management Plan
Wildlife centre start to demobilize
ICP Records  
18:02 CCG NINP update #10: ICP has consolidated, and moved into the DFO Offices at 401 Burrard. As the M/V Marathassa incident is nearing an end, the English Bay Project Management Office is being mobilized, terms of reference being drafted CCG  
20:10 NEEC arrived in Vancouver EC  
MONDAY APRIL 20, 2015
06:00 Incident Command IAP:
Continue with SCAT – North shore beaches (John Lawson)
Continue with shoreline clean-up and signoffs
Demobilization
Mass Balance
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
Demobilization for on-water assets
Establish Project Monitor Plan and Communications Release
Establish Data Management Plan
Wildlife centre demobilize
ICP Records  
TUESDAY APRIL 21, 2015
06:00 Incident Command IAP:
Escort M/V Marathassa from anchorage to berth with escort and response vessels
Continue with SCAT – North shore areas B,C and D by CG vessel
Continue with shoreline clean-up and signoff – John Lawson
Demobilization
Start of cleaning or on-water assets – shelter Island – Burrard Clean #7
Complete testing to support decision to open fisheries and beaches (sediment and crabs)
Define requirements for Data Management Plan - Access Wildlife centre demobilize – forecasting completion
Forecast transport of EC and partners to Vancouver Inner harbour
ICP Records  
WEDNESDAY APRIL 22, 2015
06:00 Incident Command IAP:
Continue with SCAT – Vancouver Harbour and North Shore, as required
Continue with shoreline clean-up and signoff –John Lawson
Demobilization
Complete testing to support decision to open fisheries and beaches (sediments and crabs)
Define requirements for Data Management Plan
ICP Records  
THURSDAY APRIL 23, 2015
06:00 Incident Command IAP:
Continue with SCAT – Vancouver Harbour and North Shore as required
Continue with shoreline clean-up and signoffs –John Lawson
Demobilization of ICP pending
ICP Records  
FRIDAY APRIL 24, 2015
06:00 Incident Command IAP:
Response Team stood-up
John Lawson Beach clean-up at its end point
Complete testing to support decisions to open fisheries and beaches (sediment and crabs)
Demobilization of ICP and hand-over to Project Management Office commenced
ICP Records  

ANNEX C - Canada's Marine Oil Spill Preparedness and Response Regime

Canada’s Marine Oil Spill Preparedness and Response Regime sets out the framework and requirements for preparing for and responding to ship-source oil spills in Canadian waters south of the 60th parallel.

The Regime was established in 1995 to address recommendations from the Public Review Panel on Tanker Safety and Marine Spills Response Capability (the Brander-Smith Panel), and to respond to increasing concerns following a number of high profile marine oil spills (the Exxon Valdez, the Rio Orinoco, and the Nestucca).

The Regime places the onus on the polluter, or the ‘Responsible Party’ to take full responsibility for the cost of any damages caused by an oil spill, which is called the “polluter pays principle”. This can include taking actions directly to prevent, reduce or eliminate the source of pollution, or using the services of a third party.

The polluter pay principle is supported by both industry and the federal government. Industry is responsible for providing Canada’s response capability and the federal government is responsible for providing the legislative and regulatory framework, and ensuring that response operations are carried out appropriately to minimize damage to the marine environment.

Response Organizations

Industry bears the liability and responsibility to respond in the event of an oil spill in Canadian waters and represents Canada’s primary response capacity. To operate in Canada, prescribed vessels of a certain size (oil tankers of 150 gross tons and all vessels of 400 gross tons trading in Canadian waters) are required to have an arrangement with a Transport Canada (TC)-certified Response Organization, which carry out industry’ s operational role to maintain Canada’s response capacity. Vessels of the above-prescribed size must also have Shipboard Oil Pollution Emergency Plans (SOPEP), as required by the International Convention for the Prevention of Pollution from Ships (MARPOL).

Response Organizations are funded by shippers and oil interests, and are required to meet a uniform planning standard to maintain the on-hand capacity to respond to spills of 10,000 tonnes within prescribed time standards and operating environmentFootnote 27. Response Organizations must submit an oil spill response plan every three years to TC to demonstrate this preparedness capacity. This plan must include an exercise and training program, provide a certain amount of temporary storage, clean-up 500m of shoreline per day, and complete on-water recovery within 10 days of deployment. Response Organizations are re-certified every three years.

South of the 60th parallel, there are four certified Response Organizations: WCMRC, Eastern Canada Response Corporation Ltd., Point Tupper Marine Services, and Atlantic Emergency Response Team.

Western Canada Marine Response Corporation

WCMRC’s geographic area of responsibility extends the length of British Columbia (BC) and out to the Exclusive Economic Zone. WCMRC has eight reference and resource Area Plans that describe area sensitivities, Incident Command Post locations, staging areas, vessel launch locations, helispots, protection/treatment strategies, equipment resources, and logistical support services. These plans are provided to TC every three years for certification purposes, and are not publicly available.

Federal roles and responsibilities

The Regime relies on interdepartmental collaboration between TC, the Canadian Coast Guard (CCG), and Environment Canada (EC) to provide three primary functions:

In the event of an oil pollution incident, at the request of the CCG, EC will establish a Science Table comprised of experts from federal, provincial and municipal government agencies responsible for environmental protection, as well as experts from industry and non-government associations to coordinate and provide scientific and technical advice and information.

This partnership is further supported by a multi-layered system of other levels of government, including First Nations, and stakeholders who also have a role in preparing for and responding to marine oil spills in their local communities.

Legislative and regulatory framework

Three legal instruments form the basis of the Federal Regime:

These domestic legal instruments are supported by international standards and conventions established by the International Maritime Organization. Two international agreements allow TC to fulfill its roles in preventing and preparing for marine pollution incidents:

The International Convention for the Prevention of Pollution from Ships (MARPOL), which is domestically enforce via the Canada Shipping Act, 2001, and is supported by the Vessel Pollution and Dangerous Chemicals Regulations that sets out additional standards; and

The International Convention on Oil Pollution Preparedness, Response and Cooperation, which allows Canada to provide assistance to major incidents in other member states.

The Canadian Coast Guard Environmental Response program

The CCG is the operational arm of the Government of Canada and is the lead federal agency responsible for ensuring an appropriate response to ship-source and mystery-source spills in Canadian waters. To deliver on this mandate the CCG has levels of service, legislative and administrative authorities, oil spill contingency plans, response assets, and domestic and international mutual aid agreements.

Levels of Service

The CCG Environmental Response (ER) Program aims to “minimize the environmental, economic and public safety impacts of marine pollution incidents occurring in Canadian waters”.Footnote 28 Within this mandate, it is responsible for providing a preparedness capacity for response to ship-source marine pollution incidents and addressing reported cases of marine pollution.

To ensure an appropriate preparedness capacity, the CCG maintains a National Marine Spills Contingency Plan and regional chapters for all three regions, provides competent and qualified environmental response personnel, ensuring that a Duty Officer is available 24/7.

To appropriately address all reported cases of marine pollution, the CCG conducts an assessment of all reported cases in order to determine further course of action, which could include using CCG pollution countermeasure equipment. If the CCG equipment and resources are required, they will be mobilised within 6 hours of completion of the assessment and arrival time on-scene will varyFootnote 29.

In the event of an oil spill, the CCG will advise the polluter of its responsibilities and will monitor it’s clean-up efforts (who may use its own resources, those of a Response Organization, or those of another third party), and will assume the role of Federal Monitoring Officer when the Coast Guard is satisfied with the polluter’s intentions and plans. In cases when the polluter is unknown, unwilling or unable to response, CCG will manage the clean-up efforts as On-Scene Commander.

Legislative and Administrative Authorities

The CCG’s mandate for the preparedness and response components of its ER Program in southern Canada flows from:

The CCG, through the Minister of Fisheries and Oceans, also has the authority to immediately enter into emergency contracts up to $10M to ensure an appropriate response to oil spills in the event of an emergency.

Preparedness

The CCG maintains Canada’s National Marine Spills Contingency Plan that establishes the framework, approach and operational guidelines the CCG will use to respond to a marine pollution incident at the regional, national and international level. The CCG also maintains regional area and local response plans, including BC.

Training and exercising

The CCG has trained environmental response personnel located throughout Canada that monitor, provide advice and take action in addressing pollution incidents and protecting the marine environment. The CCG College manages and delivers a suite of specialized spill management training courses for CCG employees.

The CCG’s ER Program is also responsible for designing and conducting drills and exercises to practice, validate and reinforce the plans, systems and strategies as set out in the National Contingency Plan.

Response Assets

The CCG has 10 unstaffed equipment caches located in the Western Region and three staffed facilities. Response assets can also be cascaded, as required, from other regions.

Domestic and International Mutual Aid Agreements

The CCG and the United States Coast Guard have a Joint Marine Pollution Contingency Plan, which is regularly exercised, to promote a coordinated system for preparedness and response to marine pollution events in adjacent waters. The CCG also has administrative arrangements with France and Denmark that provide for mutual aid in the event that a spill exceeds the capacity for one nation to respond.

Additionally, Canada, as an Arctic state, has signed the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic. This Agreement aims to strengthen cooperation, coordination and mutual assistance for oil pollution preparedness and response in the Arctic.

Canada is also a party to the International Convention on Oil Pollution Preparedness Response and Co-operation (OPRC) that allows CCG to call upon other nations that are party to this Convention for assistance. Signatories to the OPRC Convention agree that, subject to their capabilities and availability of relevant resources, they will co-operate and provide advisory services, technical support and equipment for the purpose of responding to an oil pollution incident.

Vancouver Harbour oil spill preparedness and response support network

Canada’s comprehensive, multi-layered marine safety system relies on a support network of other levels of government, including First Nations, and stakeholders who have a role in preparing for and responding to marine oil spills in their local communities.

Province of British Columbia

At the provincial level, BC’s Ministry of Environment maintains a contingency plan for marine oil spills. The Ministry of Environment is responsible for provincial preparedness and response management for spills under the Emergency Program Act and the associated Emergency Program Management Regulation.

BC’s contingency plan is aligned with the Incident Command System and outlines the organization, procedures and duties of the provincial government in response to a major oil spill in BC’s coastal waters. The plan is founded on two guiding documents: the Environmental Emergency Program Policies and Procedures and the BC Emergency Response Management System.

The Ministry of Environment is also responsible for environmental monitoring, and protecting and cleaning up the inter-tidal shoreline and seabed under provincial jurisdiction.

First Nations

First Nations in the Vancouver area have a responsibility to protect their traditional territories and to ensure proper stewardship of their land and waters. Environmental protection is a key priority for First Nations - they use their traditional knowledge to ensure that environmental and cultural sensitivities are protected in the event of an oil spill.

Municipalities

Municipalities in the Vancouver area have many responsibilities in the event of a marine oil spill, including protecting its citizens from contaminated shorelines, coordinating volunteers, communicating with the public about health and environmental concerns, and providing support to the lead agency.

Port Metro Vancouver

Port Metro Vancouver (PMV) maintains a Letter of Understanding with the Canadian Coast Guard’s Western Region to ensure prompt and cost-effective response to ship-source and mystery oil spills within PMV’s waters, while minimizing disruption to port operations.Footnote 30

As per the Letter of Understanding, upon notification of a spill in its waters, Vancouver Fraser Port Authority (VFPA) will assess the size and nature of the spill and collect information that may assist CCG personnel with planning the appropriate strategy.

Stakeholders

A variety of stakeholders also have a role to play in the event of a marine oil spill in the Vancouver Harbour. These organizations, including Vancouver Coastal Health, Oiled Wildlife Society, Vancouver Aquarium, Stanley Park Ecology Society, Canada Shipping Federation, British Columbia Chamber of Shipping.

These stakeholders have numerous responsibilities, including but not limited to ensuring the safety of the public, wildlife, and marine shipping, as well as conducting scientific research on ocean pollution.

World-Class Tanker Safety System

The World-Class Tanker Safety System is a multi-year strategy announced by the federal government in 2012 in support of its plan for Responsible Resource Development. The World-Class Tanker Safety System is an approach to marine safety that falls under three pillars:

Under the banner of a World-Class Tanker Safety System, the Government of Canada is implementing two key initiatives: Incident Command System and Area Response Planning.

Incident Command System

Incident Command System (ICS) is an incident management methodology used to structure and organize on-scene incident response. Specifically, ICS provides a flexible and scalable command, control and coordination structure that is applicable to incidents of any type, scope and complexity, including environmental response. It allows users to adopt an integrated organizational structure to match the demands of single or multiple incidents, without being hindered by jurisdictional boundaries.

Under the ICS structure, each incident is led by an Incident Commander (IC), and the principal functions are divided into four sections: Operations, Planning, Logistics, and Finance/Administration. The generic ICS structure, below, is scalable and can expand or contract depending on the circumstances of a particular incident.

ICS Structure

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The ICS model has a reporting structure led by an Incident Commander. The Incident Commander has seven direct reports, that include four section heads plus a public information officer, a safety officer, and a liaison officer. Under the Operations Section, there are two branches: one general branches section and one air ops branch. Under the general branches section, there are divisions and groups. Under the divisions, there is a strike team, a task force, and a single resource.

Under the planning section, there are four areas: the resource unit, the demobilization unit, the situation unit, and the documents unit.

Under the Logistics Section, there are two branches: the service branch and the support branch. Under the service branch, there is the communications unit, the medical unit and the food unit. Under the support branch, there is the supply unit, the facilities unit and the ground support unit.

Finally, under the Finance/Administration Section, there is a time unit, a compensation claims unit, a cost unit and a procurement unit.

The ICS model also provides a supervisory and reporting structure. When assigned to an ICS structure, personnel will report to their ICS supervisor for the period of their assignment. Upon completion of their assignment, they will revert to their normal supervisor and reporting structure.

ICS Principles

Standardization: ICS establishes common terminology and standard processes for planning and managing resources, allowing diverse incident management and support organizations to easily work together within an ICS organization.

Command: The IC has overall responsibility for managing the incident and should have the necessary training, experience and expertise to serve in this capacity. It is possible that the IC may not be the highest ranking officer on-scene. Depending on the size and complexity of the incident, the IC may assign staff to specific functions on his/her behalf (e.g. Public Information Officer, Safety Officer, Planning Section Chief, Logistics Section Chief, etc).

An ICS organization may be expanded into a Unified Command (UC) that brings together ICs from key organizations involved in an incident in order to coordinate an effective response, while continuing to carry out their own jurisdictional responsibilities. The UC links the organizations responding to the incident and provides a forum for making consensus decisions. Should consensus not be achieved, the organization with primary jurisdictional authority has the final say.

Planning: Incident management using ICS is normally accomplished by managing objectives through the development of an Incident Action Plan (IAP). An IAP is a verbal or written plan that outlines general objectives, describes the overall strategy for managing an incident, and identifies operational resources and assignments. IAPs provide supervisory personnel with direction and actions to be implemented during a specified operational period.

Resource Management: Comprehensive resource management within an ICS organization requires processes for categorizing, ordering, dispatching, tracking and recovering resources. This provides an up-to-date picture of Tactical Resources (i.e. personnel and major equipment available to the operational function), and Support Resources (e.g. food, communications equipment, tents, etc.)

Tactical / On-Scene Communications: A common Communications Plan is needed to ensure that responders can communicate with one another during an incident. Communications equipment, procedures and systems must be interoperable across jurisdictions. Multiple communications networks may be established, depending on the size and complexity of the incident.

ICS in Canada

ICS is currently being used by many different agencies within the broader safety and security community, across a wide range of incident response categories, at the federal, provincial and territorial level.

At the provincial level, various emergency response management systems based on the ICS methodology have been adopted, including within Emergency Management British Columbia, and British Columbia Ministry of the Environment.

The adoption of ICS is also gaining momentum across a number of federal departments, including within Public Safety Canada, Department of Foreign Affairs Trade Development Canada, the Public Health Agency of Canada, Canadian Food Inspection Agency, and Transport Canada.

ICS Implementation within the Canadian Coast Guard (CCG)

The CCG is in the process of adopting ICS as its methodology for incident management and is currently in year three of its five-year implementation plan. All five main components of ICS implementation are expected to be completed by the end of fiscal year 2017/18:

Area Response Planning

In 2013, the Government of Canada announced the creation of a Tanker Safety Expert Panel which was created to review Canada’s current regime and propose further measures to strengthen it. The Panel’s report was released in December 2013 and contained 45 recommendations. It noted that Canada requires a regime that takes into account variations across regions and adapts to vessel traffic, oil movements, as well as environmental and socio-economic sensitivities.

In response to the Panel’s report, the Government of Canada began a process to pilot Area Response Planning (ARP) in four pilot areas, of which includes Southern British Columbia. Area response plans will be developed in collaboration with all relevant partners, including Response Organizations, First Nations, stakeholders and other government departments. This initiative will consider geography, local risks, environmental sensitivities, and traffic volumes, and will ensure that the appropriate spill clean-up equipment is in place and readily available. The area response plans will have a tailored set of standards and requirements for Response Organizations.

Lessons learned from these four areas will be used to refine the ARP model, and in the future, will allow the Government of Canada to consider options for implementing this spill response planning approach in other locations across Canada.

Currently, Area Response Planning (ARP) is at the communications stage and the next phase, engagement with partners, will follow. The pilot area response plans are anticipated to be completed by 2017.

ANNEX D - Lexicon

AC
Assistant Commissioner
ARP
Area Response Planning
BC
British Columbia
BDZ
Brigadier General Zalinski
CCG
Canadian Coast Guard
DFO
Department of Fisheries and Oceans
DGIR
Dangerous Goods Incident Report
DO
Duty Officer
EC
Environment Canada
ECC
Emergency Coordination Centre
EERO
Environmental Emergencies Response Officer
EMBC
Emergency Management British Columbia
EOC
Emergency Operations Centre
ER
Environmental Response
EU
Environmental Unit
FMO
Federal Monitoring Officer
GIS
Geographic Information System
ICP
Incident Command Post
ICS
Incident Command System
IFO
Intermediate Fuel Oil
IT
Information Technology
ITOPF
International Tanker Owners Pollution Federation
JRCC
Joint Rescue Coordination Centre
LOU
Letter of Understanding
MCTS
Marine Communications and Traffic Services
MOE
Ministry of Environment
MOU
Memorandum of Understanding
NASP
National Arial Surveillance Program
NCC
National Coordination Centre
NEEC
National Environmental Emergencies Centre
NHQ
National Headquarters
NINP
National Incident Notification Procedure
NOTSHIP
Notices to Shipping
OSC
On Scene Commander
PIO
Public Information Officer
PMO
Project Management Office
PMV
Port Metro Vancouver
RO
Response Organization
RMIC
Regional Marine Information Centre
RP
Responsible Party
SAR
Search and Rescue
SCAT
Shoreline Cleanup and Assessment Technique
SOPF
Ship-Sourced Oil Pollution Fund
SRO
Senior Response Officer
TSEP
Tanker Safety Expert Panel
TC
Transport Canada
UAV
Unmanned Aerial Vehicle
VFPA
Vancouver Fraser Port Authority
VTS
Vessel Traffic Services
VTZ
Vessel Traffic Zone
WCMRC
Western Canada Marine Response Corporation

ANNEX E - M/V Marathassa's Material Safety Data sheet

Scan of the 1st page of the M/V Marathassa’s Material Safety Data Sheet
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ANNEX F - Port Metro Vancouver and the Canadian Coast Guard's Letter of Understanding

Scan of the 1st page of the Letter of Understanding between CCG and EC Western Region and the Vancouver Fraser Port Authority
Scan of page 2 of the Letter of Understanding between CCG and EC Western Region and the Vancouver Fraser Port Authority
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