Maritime Law Maritime Environmental Law and Pollution 2 — Questions and Answers
Question 1: Under OPA 90, liability limits for tank vessels are generally calculated based on:
- The value of the oil cargo at the time of the spill
- Per gross ton of the vessel, subject to a statutory minimum amount (Correct answer)
- The total actual cost of cleanup operations incurred
- The vessel's stated insurance coverage amount
Correct answer: Per gross ton of the vessel, subject to a statutory minimum amount
OPA 90 sets liability caps for tank vessels based on per gross ton of the vessel, with a minimum floor amount, though these caps are lifted upon proof of gross negligence or willful misconduct.
Question 2: MARPOL Annex VI specifically regulates:
- Noxious liquid substances carried in bulk
- Harmful substances carried in packaged form
- Prevention of air pollution from ships (Correct answer)
- Sewage discharge from passenger vessels
Correct answer: Prevention of air pollution from ships
MARPOL Annex VI, adopted in 1997, establishes regulations for the prevention of air pollution from ships, including limits on sulfur oxides (SOx), nitrogen oxides (NOx), and ozone-depleting substances.
Question 3: The International Oil Pollution Compensation (IOPC) Fund was established under:
- The 1969 Civil Liability Convention (CLC)
- The 1971 Fund Convention and its 1992 Protocol (Correct answer)
- MARPOL 73/78 Annex I
- The Bunker Convention 2001
Correct answer: The 1971 Fund Convention and its 1992 Protocol
The IOPC Fund was established by the 1971 Fund Convention (and the 1992 Fund Protocol) to provide additional compensation beyond what tanker owners pay under the Civil Liability Convention when that amount is insufficient.
Question 4: Under EPA regulations implementing the Clean Water Act, a 'harmful quantity' of oil is defined as any discharge that:
- Exceeds 10 gallons in a single discharge event
- Causes visible discoloration measurable by water sampling
- Causes a film, sheen, or discoloration on the water surface (Correct answer)
- Exceeds a volume threshold set by the EPA administrator annually
Correct answer: Causes a film, sheen, or discoloration on the water surface
Under EPA regulations, a harmful quantity of oil is any amount that causes a film or sheen upon, or discoloration of, the surface of the water or adjoining shorelines, making even small discharges potentially illegal.
Question 5: The Bunker Convention 2001 was designed to provide compensation for:
- Oil pollution damage from persistent oil cargo carried by tankers
- Pollution damage caused by bunker fuel spills from non-tanker vessels (Correct answer)
- Salvage costs incurred when recovering vessels carrying hazardous cargo
- Crew injuries sustained during oil spill cleanup operations
Correct answer: Pollution damage caused by bunker fuel spills from non-tanker vessels
The Bunker Convention 2001 establishes a liability and compensation regime specifically for pollution damage caused by spills of bunker (fuel) oil from ships other than tankers, filling a gap left by the CLC.
Question 6: MARPOL Annex II addresses which category of shipborne pollutant?
- Prevention of pollution by oil from tankers
- Prevention of pollution by noxious liquid substances in bulk (Correct answer)
- Prevention of pollution by harmful substances in packaged form
- Prevention of pollution from ship-generated sewage
Correct answer: Prevention of pollution by noxious liquid substances in bulk
MARPOL Annex II regulates the discharge of noxious liquid substances (NLS) carried in bulk, categorizing them by hazard level and imposing strict discharge and tank-washing requirements.
Question 7: Under OPA 90, which of the following circumstances defeats a responsible party's statutory liability limits, exposing them to unlimited liability?
- The spill occurring in a MARPOL-designated Special Area
- Gross negligence, willful misconduct, or violation of a federal safety regulation (Correct answer)
- The vessel being over 25 years old at the time of the spill
- Failure to report the spill to the Coast Guard within 24 hours
Correct answer: Gross negligence, willful misconduct, or violation of a federal safety regulation
OPA 90 removes liability limits when the discharge results from gross negligence, willful misconduct, or violation of an applicable federal safety, construction, or operating regulation by the responsible party.
Maritime Law Maritime Environmental Law and Pollution 2
Under OPA 90, liability limits for tank vessels are generally calculated based on: