Japanese Whaler Rams SSCS Ady Gil (ex-Earthrace)
So what the Nipponese are rich, we better protect our environment. I don't want whales to be the next dodos!
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Japan can take a number of whales a year for meat, an agreement which is thinly disguised as a scientific study. If they only catch a small number, that's fine, but if they send out whaling ships on a "catch whatever you can get away with" basis then it ain't, although as they have to at least pretend to go along with the farce there's probably a limit to the damage they can do.
From the video clips it looked to me like the fishing vessel deliberately put their wheel over so as to ram the activists' boat, which was a seriously dangerous thing to do; large-boat-rams-small-boat-head-on kills people, they'd certainly have known that, so I'd call it attempted murder. Whoever was steering should be charged, though it won't happen.
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southwestforests
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Sorry, but my understanding is that when the encounter began Ady Gil was overtaking Shonan Maru from behind on the right side - maritime navigation law says that is is the responsibility of the vessel doing the overtaking to stay clear of the one it is overtaking.
Another factor is right of way - generally the less maneuverable vessel has right of way over more maneuverable vessels - of those 2 vessels the Ady Gil is by far the most manouverable.
Quoted from people more experienced than myself at boatdesign.net:
"Nothing in the Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case."
Had Ady Gil not been deliberately screwing with the whaler instead of trying to avoid it to begin with, there would have been no collision. Her master bears the ultimate responsibility, no matter how the rules are parsed.
Here's what I found where some of the regulations come from http://www.imo.org/Conventions/contents.asp?doc_id=649&topic_id=257#8
Rule 11 says the section applies to vessels in sight of one another.
Rule 12 states action to be taken when two sailing vessels are approaching one another.
Rule 13covers overtaking - the overtaking vessel should keep out of the way of the vessel being overtaken.
Rule 14 deals with head-on situations. Crossing situations are covered by Rule 15 and action to be taken by the give-way vessel is laid down in Rule 16.
Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-on vessel may "take action to avoid collision by her manoeuvre alone as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action.
Rule 18 deals with responsibilities between vessels and includes requirements for vessels which shall keep out of the way of others.
Section III - conduct of vessels in restricted visibility (Rule 19)
Rule 19 states every vessel should proceed at a safe speed adapted to prevailing circumstances and restricted visibility. A vessel detecting by radar another vessel should determine if there is risk of collision and if so take avoiding action. A vessel hearing fog signal of another vessel should reduce speed to a minimum.
Rule 11
Application
Rules in this section apply to vessels in sight of one another.
Rule 12
Sailing Vessels
(a) when two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:
(i)when each of them has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;
(ii) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;
(iii) if the vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or the starboard side, she shall keep out of the way of the other.
(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite that on which the mainsail is carried or, in the case of a square rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.
Rule 13
Overtaking
(a) Notwithstanding anything contained in the Rules of Part B, Sections I and II, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
(b) A vessel shall be deemed to be overtaking when coming up with a another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.
(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.
(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.
Rule 14
Head-on Situation
(a) When two power driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.
(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights in line or nearly in line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.
(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.
Rule 15
Crossing Situation
When two power driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.
Rule 16
Action by Give-way Vessel
Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.
Rule 17
Action by Stand-on Vessel
(a)
(i) Where one of two vessels is to keep out of the way of the other shall keep her course and speed.
(ii) The latter vessel may however take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in accordance with these Rules.
(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.
(c) A power driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid collision with another power driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.
(d) This Rule does not relieve the give-way vessel of her obligation to keep out of the way.
Rule 18
Responsibilities Between Vessels
Except where rule 9, 10, and 13 otherwise require:
(a)A power driven vessel underway shall keep out of the way of:
(i)a vessel not under command;
(ii)a vessel restricted in her ability to maneuver;
(iii)a vessel engaged in fishing;
(iv)a sailing vessel;
(b) A sailing vessel under way shall keep out of the way of:
(i)a vessel not under command;
(ii)a vessel restricted in her ability to maneuver;
(iii)a vessel engaged in fishing;
(c)A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:
(i)a vessel not under command;
(ii)a vessel restricted in her ability to maneuver.
(d)
(i)Any vessel other than a vessel not under command or a vessel restricted in her ability to maneuver shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draft, exhibiting the signals in Rule 28.
(ii) A vessel constrained by her draft shall navigate with particular caution having full regard to her special condition.
(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.
Section III - Conduct of Vessels in Restricted Visibility
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The smaller boat wasn't overtaking, it was perpendicular to the larger one, which appears to swing through twenty or thirty degrees to head directly towards it; that's deliberate, not accidentally being moved by a wave. Could be an artefact of the position of the camera, though, I know how odd perspective is in video of races. The protesters were being idiotic and were putting themselves at risk by getting that close, but that doesn't give the fishing vessel the right to deliberately ram them, potentially killing several people! ^^ If they'd gone that close and accidentally been hit, well, boo hoo, that's their problem and what they deserve, but that doesn't look like any accident to me.
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That would be one possibility, though two things would tend to indicate that the change represents a starboard turn by the Shonan Maru 2. The first is that in the ICR video of the incident, the Ady Gil somehow moves from quite a bit to starboard to almost directly in front of the whaler in the first ten seconds of the video. During the same period, we can clearly see the smaller vessel is not under power, as the water behind it is undisturbed. This indicates that either the Ady Gil was pushed in front of the Shonan Maru by wind, wave, and current action, or the whaler was making a starboard turn. The second point is that after the collision, the Sea Shepherd video shows the Shonan Maru making a turn back to port, which indicates that the initial apparent starboard turn was not an artifact of the Bob Barker's own maneuvers (the Sea Shepherds had their camera aboard the Barker).
I think this incident may come back to haunt the ICR. Both New Zealand (where the Ady Gil is flagged, and where most of it's crew holds citizenship) and Australia (in who's Antarctic search and rescue zone the incident occurred) have opened investigations into the incident, and, let's face it, the whalers look very much in the wrong in the video footage of the incident released thus far (further footage may be released that changes that perception, so we'll see how it pans out). It's also important to note that both countries are strongly opposed to the Japanese Antarctic whaling program, to the point that Australia has stated it intends to take Japan to court over it (the whalers may have just handed the Aussies some very useful ammunition in this regard). There is a very real possibility that the Shonan Maru's crew could face criminal charges, or that they'll be forced to pay civil damages to the Ady Gil's crew and Sea Shepherd.
They've also handed Watson and Sea Shepherd an extremely useful fundraising, recruiting, and propaganda tool; it plays right in to Watson's hyperbolic claims that the whalers are violent and criminal, and willing to seriously hurt or kill anyone that gets between them and a whale. It's one thing for a couple of large vessels to swap paint in a shoving match (which is probably why previous collisions between ICR and Sea Shepherd vessels haven't resulted in much legal or civil action), but it's quite another for one of those large vessels to hit a craft a small fraction of it's size, and you can bet that Watson and Sea Shepherd are going to milk this for all it's worth.
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I would treat them like Somalis, do as you like, beyond the range of a .50 caliber. Chemical attacks, boarding on the high seas, lasers, attempting to foul the prop, ramming, are acts of war.
Or acts of piracy. The appropriate treatment is to hang the pirates then and there from a yardarm. Arrgggggghhh..
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Did you ever see any of the episodes of Whale Wars? I saw one, and it was so violent I turned to another channel.
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I would treat them like Somalis, do as you like, beyond the range of a .50 caliber. Chemical attacks, boarding on the high seas, lasers, attempting to foul the prop, ramming, are acts of war.
Or acts of piracy. The appropriate treatment is to hang the pirates then and there from a yardarm. Arrgggggghhh..
It's all fun and games until the families of the protesters you rounded up (or shot) start bitching to their government, which starts bitching to you... but in all seriousness, countries and organizations have to be very careful about using lethal force. If public perception tends toward the belief that the force was disproportionate (even if a legitimate justification is offered) then the result can be substantial social, diplomatic and financial fallout (a classic example would be Israel's recent Cast Lead operation in Gaza - the Israelis had a legitmate military reason to attack Gaza, but global opinion is that they used way too much force). This also extends to accidental deaths caused in part by the country or organization in question, especially if an opposing group can plausibly claim (but not necessarily prove) that the death may not really have been an accident (for an example with look back to the Israeli/Palestinian conflict and the death of Rachel Corrie, who was crushed by an armored bulldozer; the Israelis claim it was an accident and the driver didn't see her, the Palestinians claim she was deliberately run down).
Returning to the Ady Gil, Shonan Maru 2, and the whole ICR/Sea Shepherd dustup, and based on the Sea Shepherds' current level of aggressiveness, I think opening fire on the protestors would likely be one of the worst courses of action the whalers could take. A YouTube video showing young Aussies (most of the Sea Shepherd crew seems to be from there) dodging bullets (or even worse for the Japanese, getting hit by them) could jeopardize the entire whaling operation by sharply hardening Australian public opinion against the whalers to the point the government sends ships to drive the whalers away. Trying to suppress the videos by either seizing the protest vessel and the original footage, or trying to bury it on the web, would lead to accusations of a coverup, and have largely the same fallout. Boarding one or more of the Sea Shepherd vessels to bring the crew back to Japan to stand trial would be met with accusations of state-sponsered kidnapping, and likely demands from the state departments (or equivalent bodies) to release the protesters (that's assuming the boarding action goes smoothly; if the Sea Shepherds simply refuse to stop, as Watson has done in the past, opening fire on the ship might be the only way to stop it, which brings us back to the shooting scenario above). It's unlikely that New Zealand or Australia would try to arrest the protesters; the countries consider the Japanese whaling operation to be immoral and outright illegal respectively. If the Japanese want to be able to justify a high level of force against the protesters, Sea Shepherd will have to get a lot more violent (i.e. taking hostages, shooting at whaling crews, etc...)
The best course of action for the Japanese to take would have been the use the security vessels to play rope-a-dope with the Sea Shepherds, having the latter expend all their energy on the security vessels while the whaling fleet operates largely unmolested. They should have used a policy of non-engagement, letting Sea Shepherd be the aggressors, and thus letting Sea Shepherd take the blame for any mishaps. This would have undermined the protesters in the public eye and eroded their support. Now, I said 'would have' because the collision between the Ady Gil and the Shonan Maru is going to have nasty fallout, and right now it looks like the Japanese are going to catch most of it.
I'll apologize for the long-winded post. I find the politics an intrigue surrounding the ICR/Sea Shepherd conflict fascinating.
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southwestforests
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I hear you on that one.
You live in a seaport city, can you see if there are any unique perspectives on the situation there on account of that?
BTW, I went to High School up in Macon. A long time back.
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Hmm, I need to change my listed location, I guess. I lived in Savannah for about two years (up until November) to attend University there. I'm no longer there, so I don't think I'll be able to ask around to see what the professional mariners opinions are...
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Sea Shepherd just released footage shot aboard the Ady Gil before the collision, available here on YouTube. The video solidly corroborates the Sea Shepherds' story, and solidly contradicts the accounts offered by the Institute for Cetacean Research. Having seen the footage, I think I'm going to call this one: barring some shocking new revelation, the crew of the Shonan Maru No. 2 will probably be facing criminal charges in New Zealand (where the Ady Gil was flagged and most of its crew is from), and both Australia and New Zealand are going to start putting the screws to Japan to get them to stop their research whaling program. Sea Shepherd is going receive a huge recruiting and fundraising boost, though this might be offset by the fallout of increased scrutiny of their previous antics (which are legion). The incident will most definitely complicate relations between Australia, New Zealand, and Japan. No read as of yet what sort of internal fallout might happen in Japan.
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southwestforests
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I still have trouble with the idea of a 400ton ship with a max speed of 12 knots cornering a 26ton yacht with a max speed of 40 knots.
Ady Gil has the speed and handiness to stay out of the way, if they so desire.
It's not like they couldn't see the Shonan Maru coming.
Something I posted over at boatdesign.net.
Quote:
http://www.neatorama.com/tag/ady-gil/
So, what they're telling me is a 52 meter long, 400ton, 12 knot max speed ship cornered and ran down a 40 knot, 26ton, yacht?
Tell me again, the 400 ton 12 knot boat outmanouvered the 26 ton 40 knot boat?
Riiiiiiiiiiiiiiight.
http://www.researchvessels.org/ship_...asp?shipID=368
Quote:
Range, Speed and Endurance Range: 2800 nautical miles
Cruising Speed: 11 kts.
Max. Speed: 12 kts.
Endurance: 50 days
A 12 knot, 171ft/52m, ship cornered and ran down a 40 knot, 78ft/24m, yacht?
Ain't that a bit like saying a crow was cornered in open pasture and run down by a bull?
Wait a minute, Ady Gil, is even faster - 50kt!
http://www.democraticunderground.com...ress=231x20052
Quote:
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http://www.highnorth.no/library/movements/Sea_Shepherd/pa-wa-se.htm
Paul Watson:
Set Free - Served with New Indictment
Sea Shepherd leader Paul Watson was released from prison on Friday, June 20, with a new indictment in his kit bag. "They handed out the charges Thursday afternoon or Friday morning," says the public prosecutor spokeswoman in Harlem, Netherlands, Tine Zwiers, to the High North Web News. The writ served to Watson just before his release, pertains to his ship's collision with the Coast Guard vessel "Andenes" in 1994.
Watson was held in custody for 80 days, or two thirds of the 120 day unconditional prison term he had been sentenced to for his participation in the attempted scuttling of the combined fishing and whaling vessel "Nybrænna" in 1992. "If Watson had served his sentence in Norway, he would automatically have been released after 80 days," Nordland County Public Prosecutor, Geir Fornebo, told the newspaper 'Aftenposten' on May 29, 1997. Norway had requested Watson's
extradition in order for him to serve his sentence. There is, however, no longer any basis for extradition and the request will be withdrawn, Fornebo told NTB after Watson was set free.
The new trial is due to take place on September 1 at Lofoten County Court in Norway. Watson can be convicted even if he does not attend the trial, police inspector Elisabeth Kaas in the Lofoten Islands told the Norwegian News Agency NTB on June 19. Norwegian authorities have had great difficulties in finding Watson and deliver the new indictment. For this reason the court case has been delayed twice.
The charges against Watson include negligent navigation which in turn led to the collision between his ship "Whales Forever" and the Coast Guard vessel "Andenes" on July 4, 1992; refusing to leave Norwegian waters on the orders of the coast guard; and transmitting false alarm signals. In addition, the Norwegian Navy will be seeking compensation to the amount of NOK 854,000 (c. US$ 120,000) plus interest.
Paul Watson was arrested at Schiphol Airport in Amsterdam on April 2, while travelling from Germany to the US. On March 31 he had been arrested in Germany, but was released the following day. In March, the Norwegian authorities issued a warrant for Watson's arrest via Interpol and the arrests were implemented on the basis of the warrant.
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Ady Gil has the speed and handiness to stay out of the way, if they so desire.
It's not like they couldn't see the Shonan Maru coming.
The most certainly saw (and heard) the Shonan Maru coming, but until the spray from the whaler's bow canon cleared and they saw that it was headed right for them, they had absolutely no reason to belive that they were in danger of an immanent collision. Using that bald guy swinging his legs over the portside fin at the end of the new video as a reference (comparing it to the footage from the Shonan Maru where you can see him perform the same action), I'd estimate that the new video ends approximately 3 seconds before the collision. With this baseline, and based on the shouts of surprise from the speedboat's crew, I'd say that they probably weren't aware that they were about to collide with the whaler until 5 to 7 seconds before impact. That was the total amount of time they had to try and get out of the way. Keep in mind that the Ady Gil's helmsman may have been aware of the danger even later than that. The boat's enclosed cockpit limits visibility on the aft and sides, and it's possible that he had difficulty hearing the shouted warnings from the crewmembers above over the sound of the LRADs.
Paul Watson does have a well-documented history of using his vessels as disposable tools or battering rams. Paul Watson was also 500 miles away at the time the two vessels collided. The man in charge of the Ady Gil was Pete Bethune, who incidentally was the captain when, as Earthrace, the boat set the world circumnavigation record. While Watson would be fine with losing the boat in a ramming incident, Ady Gil was Pete Bethune's pride and joy. I sincerely doubt he'd risk it in a game of chicken at the end of a long day of harassing the whalers, let alone willingly sacrifice it (risking his life in the process) to win some PR points.
Furthermore, the Ady Gil made no attempts to approach the Shonan Maru during the entire three-and-a-half minutes of video. In fact, we can clearly see that it was Shonan Maru that approached the Ady Gil. The speedboat did not attempt to cut across the bow of the whaler, it did not overtake the whaler and turn in front of it, it did not stop short too close for the whaler to avoid it. Just about the only thing you can accuse the crew of the Ady Gil of is not realizing that a collision might occur sooner. Unless I'm missing something here, the evidence looks to be pretty strongly against the Shonen Maru here...
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southwestforests
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More news.
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However, she has rejected calls to send a Government vessel to Antarctica to monitor the whaling conflicts, saying it would not help.
After seeing footage of the crash, Ms Gillard said it was miraculous no lives were lost.
{AMEN to that!}
The Sea Shepherd anti-whaling organisation and the Japanese have released duelling footage of the crash, however both appear to show the Ady Gil protest boat moving slowly when the Japanese vessel switched course and headed for it.
Maritime law specialists say charges are likely to be laid over the collision, but it's too early to say against who.
AAP
Yes, will be interesting to see what charges are levied against whom.
Okay, audio accompanying video to this article has someone claiming ADY GIL was stationary when SHONAN MARU hit AG.
Tell me if I'm imagining things which do not exist, but is AG leaving a wake in this video?
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And if my rudimentary understanding of hydrodynamics is correct, stationary, i.e., a stopped, i.e., dead in the water, vessel doesn't leave wakes, kind of like how a stopped skier doesn't make tracks, yes? no?
*Next question - would there chance to exist, and how would one get a hold of it, GPS tracking info for each vessel and would it's scale of resolution be fine enough to settle the matter beyond any percentage of ambiguity?
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southwestforests
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It is difficult to imagine the AG's crew having zero expectation of noise devices being used be they LRADS, collision warning sirens, horns, or whatever.
It is their responsibility to be prepared for that contingency.
It is the vessel's responsibility to have watch keepers stationed with reliable communication to the pilot when in close quarters.
It also every pilot's responsibility to be fully aware of his position relative to other vessels at all times.
It is more agile and manouverable vessels' responsibility to stay safely clear of larger, heavier, less agile vessels.
With what I understand having come from a seafaring family, the law of the "Rules of the Road" for seamanship and navigation is pretty strict.
The burden of personal responsibility is taken to a much higher level than that practiced in the rest of society.
Either you were navigating by the full and entire letter of the law or you were not.
Period.
There are no ifs, ands, buts, maybes, or almosts.
You did or you did not.
(which brings to mind an absolutely insane ruling some years ago by, I think, the 8th Coast Guard District that a towboat pushing tens of thousands of tons of barges should have done more to manouver out of the way of a guy on a jet ski.
WTF????????????????????????????????? If it takes a couple miles for a tow to come to a stop when loaded like that, imagine how far back the pilot has to plan his turns in restricted river channels correcting for the with or against current where there ain't much room to turn to start with, by the time you are a couple degrees into your turn the jet ski guy has been fifteen different places)
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