Your vessel runs aground and approximately 200 tonnes of HFO is discharged, causing a major oil slick affecting a fishing community. What are the vessel's and master's obligations under CLC and the Bunker Convention?

A. OIL POLLUTION LIABILITY — CLC AND BUNKERS CONVENTION: TWO SEPARATE LIABILITY REGIMES APPLY: (1) CLC (Civil Liability Convention 1969, as amended by Protocol 1992): applies to "persistent oil" pollution from OIL TANKERS (vessels carrying oil in bulk as cargo). If this is a tanker — CLC applies. (2) BUNKER CONVENTION (International Convention on Civil Liability for Bunker Oil Pollution Damage 2001): applies to bunker oil spills from ALL OTHER VESSELS (including bulk carriers, container ships, etc.). KEY FEATURES COMMON TO BOTH: (A) STRICT LIABILITY: the shipowner is strictly liable for pollution damage. No need to prove negligence; (B) COMPULSORY INSURANCE: both conventions require ships to carry compulsory pollution liability insurance and to carry proof of this insurance on board (Blue Card/Certificate of Insurance). This insurance is NOT the P&I Club — though in practice most P&I Clubs provide the insurance and issue the Blue Card; (C) DIRECT CLAIM: third parties (fishermen, port authorities, governments) can make a DIRECT CLAIM against the insurer, bypassing the shipowner; (D) LIMITATION: shipowners can limit their liability under CLC/Bunkers based on vessel tonnage. The LLMC 1976/1996 Protocol sets overall limits; MASTER'S IMMEDIATE POLLUTION OBLIGATIONS: (1) SOPEP activation: deploy the Shipboard Oil Pollution Emergency Plan; (2) Notify MRCC and coastal state; (3) Notify Company/DPA/P&I Club; (4) Cooperate with cleanup operations authorised by coastal authorities; (5) Do not obstruct OSRO (Oil Spill Response Organisation) vessels. Obstruction creates additional liability.

B. The master is not personally financially liable for oil pollution damage. Only the shipowner faces liability, and this is limited to insurance.

C. Once the oil has been discharged, the shipowner has no further obligations. The coastal state assumes responsibility for cleanup.

D. Oil pollution liability is covered under the general MARPOL Convention. No separate CLC or Bunkers Convention applies to routine groundings.

A. POST-COLLISION COMMAND — FIRST 60 MINUTES: IMMEDIATE (0-5 MINUTES): (1) SOUND GENERAL ALARM — crew to emergency stations; (2) DAMAGE ASSESSMENT TEAMS: chief officer to assess deck damage, chief engineer to assess engine room/hull; (3) WATERTIGHT INTEGRITY: close all watertight doors, valves, and openings. Prevent progressive flooding; (4) BROADCAST MAYDAY/PAN PAN: Mayday if in immediate danger of sinking; PAN PAN if stable but requiring assistance. VHF Channel 16; (5) CONTACT OTHER VESSEL: establish VHF contact with the other ship. Assess their condition, casualties, damage; (6) REMAIN IN VICINITY: SOLAS V/33 and COLREGs Rule 29 — the master must render assistance to the other vessel's crew if they are in danger. DEPARTING THE SCENE IS A CRIMINAL OFFENCE unless doing so puts own vessel in danger; SHORT-TERM (5-30 MINUTES): (7) FLOODING CONTROL: chief engineer manages ballast/bilge pumps. Assess rate of flooding; (8) CASUALTIES: first aid to injured. Assess if medical evacuation needed; (9) STABILITY: load stability/loadicator — does flooding affect GM? Which tanks can be counter-ballasted?; (10) NOTIFY: owner, DPA, flag state, P&I Club; (11) PRESERVE EVIDENCE: order VDR isolation immediately. No one to alter or erase any navigation records; (12) OFFICIAL LOG: immediate preliminary entry — time, position, weather, events; MEDIUM-TERM (30-60 MINUTES): (13) Assess whether to proceed to nearest port or seek anchorage; (14) Notify port/harbour authority of vessel approaching with collision damage; (15) MAIB notification if required (serious injury, significant damage, oil discharge).

B. Proceed immediately to the nearest port. Reporting the collision to authorities should wait until the vessel is safely alongside and the damage has been fully assessed.

C. Contact only your own company before any other communication. The company will decide which authorities are informed and what is reported.

D. In a collision, the priority is to separate the vessels as quickly as possible and proceed at best speed to a safe anchorage. Contact with the other vessel should be avoided until lawyers are involved.

A. MAIB INVESTIGATION — MASTER'S RIGHTS AND OBLIGATIONS: DUAL AUTHORITY: there are TWO separate bodies present with different powers and purposes: (1) MAIB Inspector (MAIB Regulations 2012): the MAIB investigation is a SAFETY investigation, not a criminal prosecution. Its purpose is to determine causes and prevent recurrence, NOT to apportion blame. However, MAIB can share evidence with prosecutors. MAIB powers under the MAIB Regs 2012: (a) inspect and copy documents; (b) require persons to attend and answer questions; (c) inspect the vessel. MAIB INTERVIEW — YOUR RIGHTS: (i) you have a right to be accompanied by a legal representative; (ii) anything you say in a MAIB interview CAN be shared with MCA enforcement and potentially used in criminal proceedings; (iii) RIGHT TO SILENCE: in England, Wales and Scotland you have a right not to incriminate yourself — BUT the MAIB Regulations 2012 Regulation 29 creates a compulsion to answer. Seek immediate legal advice on this tension; (2) MCA SURVEYOR (Merchant Shipping Act 1995 Section 261): the MCA surveyors are conducting an enforcement/statutory investigation. You have: (a) RIGHT TO REMAIN SILENT — you are not obliged to answer questions that may incriminate you; (b) RIGHT TO LEGAL REPRESENTATION — do not answer questions without your P&I Club lawyer present; (c) RIGHT TO BE INFORMED of the purpose and nature of the investigation. PRACTICAL ADVICE: (i) be courteous and cooperative in access to documents and vessel; (ii) do not refuse access to the vessel; (iii) contact P&I Club lawyers BEFORE any substantive interview; (iv) provide factual documents (log books, VDR data) — these are documents, not testimony; (v) do not volunteer additional information beyond what is requested.

B. MAIB and MCA investigators have identical powers. You must answer all questions fully from both investigators without any right to remain silent.

C. You have no obligation to speak to investigators until the vessel is in your flag state's jurisdiction. Politely ask them to leave the vessel and contact your flag state maritime office.

D. The MAIB is a criminal court. Anything you say will be used against you and you should refuse to speak to them at all without a criminal defence barrister present.