MARCO VI

Given the substandard conditions identified during each of the four detentions in 19 months, the three NOA violations in 17 months, the fact the vessel departed while under detention and without USCG approval gives reasonable cause to believe that MARCO Marine and MARCO St. Croix and the vessel’s senior officers have failed to effectively and systematically implement the Safety Management System as required by the International Safety Management Code. See documents for Letters of Denial.

Every ship to which this code applies shall be sufficiently and efficiently manned in order that the number and qualification of the crew shall be sufficient for the safe operation and security of the ship. After arriving to St. Thomas port, Master departed vessel without relief, resulting in the vessel not being properly manned. CCSSC Reg 1.7.1

TRAINING AND DRILLS SHOULD BE AS FAR AS PRACTUCABLE BE CONDUCXTED AS IF IT WERE AN ACTUAL EMERGENCY. PSCO OBSERVED CREW UNFAMILIAR WITH FIREFIGHTING EQUIPMENT. REQUIRED FIRE SUIT ITEMS WERE NOT UTILIZED WHILE CONDUCTING FIRE DRILL. SECOND DRILL RAN WAS SATISFACTORY. CCSSC CH.4/ REG 4.17.2

EQUIPMENT IS MAINTAINED TO ENSURE SHIP IN ALL RESPECTS WILL RENAIN FIT TO PROCEED TO SEA WITHOUT DANGER TO THE SHIP, PERSONS ON BOARD OR THE ENVIORNMENT. PSCO OBSERVED SATURATED OILY RAGS IN ENGINE BLOCK NEXT TO ROTATING MACHINERY. CCSSC CH.1/REG 1.11.1

33 CFR 160.212(a)(4)(ii) Times for submitting NOAs are as follows: If your voyage time is less than 96 hours, then you submit an NOA before departure but at least 24 hours before arriving at the port or place of destination. NOA was submitted on 12SEP2024 @ 1521 to arrive in St Thomas, VI on 13SEP2024 @ 1130 sailing from St Kitts. Vessel arrived in St Thomas, VI 13SEP2024 at approximately 0650, not meeting the 24 hour requirement. Vessel shall depart territorial seas and is not permitted to enter port until 13SEP2024 @ 1521.

The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements which may be established by the company. The technical and/or operational nature of deficiencies 02, 03, 04, 05, 06, and 08 provide objective evidence of a serious failure of the implementation of the ISM Code. A third-party Safety Management System audit must be conducted and a report, satisfactory to the OCMI, must be submitted prior to clearance of this deficiency. 74 SOLAS (2020) IX/3.1 ISM Code 10.1

A record shall be kept, to the satisfaction of the administration as required by the radio regulations, of all incidents connected with the radio communication service which appear to be of importance of the safety of life at sea. Vessel has not maintained GMDSS logs since 11AUG2024. 74 SOLAS (2020)IV/17 74 SOLAS 2020 Cons Ch IV Reg 17 With three deficiencies related to GMDSS alone, there is a clear breakdown within the vessels SMS that maintenance, testing, and recordkeeping are not taking place.

Each magnetic compass should be properly adjusted and its table or curve of residual deviations, ascertained at least annually, should be available at all times. Vessel's magnetic compass is more then 15 degrees off from deviation table. CCSSC (1997) Ch 6.4.2

Satellite EPIRBs shall be annually tested for all aspects of operational efficiency, with special emphasis on checking the emission on operational frequencies, coding and registration, at intervals as specified below. EPIRB has not been tested since 12APR2022. 74 SOLAS (2020) IV/15.9.1 SOLAS Ch IV Reg 15.9.1 With three deficiencies related to GMDSS alone, there is a clear breakdown within the vessels SMS that maintenance, testing, and recordkeeping are not taking place.

The endorsement required by Article VI of the Convention to attest the issue of a certificate shall only be issued if all the requirements of the Convention have been complied with. Second engineer could not provide Flag State endorsements for their national certificates since arrival on vessel on 18JUL2024. Owners representative stated that their documentation had been sent to Flag TOGO for approval of their endorsements and that they were waiting for their return, also acknowledging that the vessel had been sailing without an endorsement for their second engineer. STCW (2017) Ch 1 Reg 1/2.5

On ships engaged on voyages in the seas A1 and A2, the availability shall be ensured by using such methods as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability, or a combination of these, as may be approved by the administration. Vessel's shore-based maintenance agreement expired on 30MAY2024. 74 SOLAS (2020) IV/15.6 With three deficiencies related to GMDSS alone, there is a clear breakdown within the vessels SMS that maintenance, testing, and recordkeeping are not taking place.

Ships shall have on board food and water supplies which, having regard to the size of the crew and duration and nature of voyage, are suitable in respect of quantity, nutritive value quality and variety. Crew has 01 gallon of drinking water on board remaining. CCSSC (1997) Ch 2.12.8 ILO147 (2006) CCSSC 2.12.8 ILO 147

The endorsement required by Article VI of the Convention to attest the issue of a certificate shall only be issued if all the requirements of the Convention have been complied with. Oncoming chief mate could not provide Flag endorsements for their national certificates as he will be relieving current chief mate. Owners representative stated that their documentation had been sent to Flag TOGO for approval of their endorsements and that they were waiting for their return, also acknowledging that the vessel had been sailing without an endorsement for their second engineer. STCW (2017) Ch I I/2.5

CCSSC 2.12.8 ILO 147 Ships shall have on board food and water supplies which, having regard to the size of the crew and duration and nature of voyage, are suitable in respect of quantity, nutritive value quality and variety. PSCO observed 02 days worth of stores lacking in variety.

CCSSC (97)1.9.2 Where a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor or organization should immediately ensure that corrective action is taken and should in due course notify the administration. Where such action is not taken the certificate should be withdrawn and the Administration should be notified immediately. On 12OCT23, a surveyor with Puerto Rico Maritime Consulting noted that the ballast pump which acts as a second fire pump was inoperable. PSCO observed the same pump disassembled an inoperable leaving the vessel with one operable main fire pump. The Caribbean Cargo Ship Safety Certificate requires that the vessel has two main fire pumps.

74 SOLAS (2020) IX/3.1 ISM Code 1.4 The company and the ship shall comply with the requirements of the International Safety Management Code. Every company should develop, implement, and maintain a safety management system. As per the vessel’s Safety Management System Manual (SMS), the company’s policy has banned all alcoholic beverages from their managed vessels. PSCO observed half open bottle of rum, 01 empty bottle of bourbon, and 02 empty cans of beer on the navigational bridge. The Master of the vessel stated he was celebrating his daughter’s birthday the night before. Master also stated he was familiar with the SMS policy that banned all alcoholic beverages from the vessel. A safety management audit must be carried out by the Administration or RO before the ship may be released from the detention.

ILO-147/PWSA 33 USC 1223(b)1 Ships shall have on board food and water supplies which, having regard to the size of the crew and destination and nature of voyage, are suitable in respect of quantity, nutritive value quality, and variety. PSCO observed 02 days left of stores lacking in nutritive value and variety.

Fixed fire detection and fire alarm systems should comply with regulations of the 1974 SOLAS Convention. Smoke detectors not installed in accomadations as required by Ship's Fire Control Plan, CCSSC Ch 3.8 / pg 39 SOLAS 60 II-2/70

Ships shall have on board food and water supplies which, having regard to the size of the crew and duration and nature of voyage, are suitable in respect of quantity, nutritive value, quality and variety. PSCO observed two days left of stores lacking in nutritive value and variety. CCSSC Ch 2.12.8 pg 21 ILO 147 Food and Catering Basic Requirements / Paragraph 2

Sanitary accommodation shall comply with the following requirements. Cold and hot fresh water available in all wash spaces. Hot water was inoperable in galley and crew accomodations. CCSSC ch 2.12.8/pg 21 ILO 147 Crew accomodations/Sanitary facilities 21(c)

Code 10119: The position of the rudder, if power-operated, should be indicated at the navigation bridge. Rudder angle indicator was found to be inoperable, fixed at 45 degrees port side, due to a faulty electrical component. CCSSC(97)2.38.8 17BC.

The owner or master of every ship to which this Code applies should ensure that the condition of the ship and its equipment is maintained to conform with the provisions of the Code to ensure that the ship in all respects will remain fit to proceed to seas without danger to the ship, persons on board or the environment. Magnetic compass was found with a deviation greater than the 14 degrees deviation on the ship's last deviation report dated 21January2023. All other devices were found to have different heading degrees. CCSSC(97)1.11.1.

[withheld — contains personal information; the deficiency system, dates, and resolution status are shown above]

Non-tank vessel response plan dated 31MARCH2022 is listed having the former vessel same MV Lady Romney, IMO number 7042203. Vessel current name is MV [name withheld], IMO number 7042203. 33CFR 155.5015. 16BC.

The owner or master of every ship to which this Code applies should ensure that the condition of the ship and its equipment is maintained to conform with the provisions of the Code to ensure that the ship in all respects will remain fit to proceed to seas without danger to the ship, persons on board or the environment. The steering room was found to have an excessive amount of water at least 3 feet high due to steering rudder stock wasted packing seal. Also, high water bilge alarm float sensor was found unsecured and free floating in bilge water.

[withheld — contains personal information; the deficiency system, dates, and resolution status are shown above]

A rescue boat embarkation and launching arrangements should be such that the rescue boat can be boarded and launched in the shortest time possible. Rescue boat engine will not start.

Surveys for issuance o a CCSSC shall ensure structure, machiney, life-saving appliances, radio installations and other equipment should be subject to an additional survey as occasions arise. Provide survey and attestation to condition of rescued boat stowage. Rescue boat should be stowed on structural members and all blocks, falls, padeyes, links, fastening and all other fittings shall be designed with a safety factor based on maximun working load. Rescue boat cradle damaged needing repair.

The strength and construction of hull, superstructures, deckhouses and any other structures and equipment should be sufficient to withstand all foreseeable conditions of the intended service. Rescue boat cradle damaged requiring repair.

All vessels with voyages under 24 hrs must submit an NOA prior to departure but at least 24 hours before arriving at the port or place of destination. Vessel submitted an NOA from Tortola BVI to St. Thomas on 14APR2023 at 2100 for an arrival into St. Thomas at 1400 on 15APR2023, failing to meet the 24hr advanced notice requirement. 33CFR 160.212 (a)(4)(ii)

Fixed fire detection and fire alarm systems should comply with regulations of the 1974 SOLAS convention. Smoke detectors not installed in accommodations as required by ships Fire Control Plan. SOLAS 60 II-2/70, CCSSC Ch 3.8 pg. 39.

15105 - Resources and personnel - The company and the ship shall comply with the requirements of the International Safety Management Code. For the purpose of this regulation, the requirements of the Code shall be treated as mandatory. The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and with any additional requirements, which may be established by the company. Due to objective evidence in the identified deficiencies, the vessel is not in substantial compliance with relevant conventions, calling into question the adequacy and implementation of the vessel's SMS under the ISM Code. PSCOs discovered longstanding non-compliance with required minimum safe manning and STCW watchkeeping standards. In addition, critical lifesaving equipment was improperly rigged with painter attached directly to the hydrostatic release instead of the weak link. An external audit conducted by the Flag is required to determine whether the ship is operating in accordance with the ISM Code. Provide a copy of the completed audit report to USCG prior to departure from port. 74 SOLAS (2020) IX/3.1 ISM Code Part A/10/.1

01113 - Minimum Safe Manning Document - Control exercised by a duly authorized control officer under article X shall be limited to the following: verification that the numbers and certificates of the seafarers serving on board are in conformity with the applicable safe manning requirements of the Administration. The Minimum Safe Manning Certificate requires that a minimum of two watch keeping deck officers shall be on board. Vessel has been operating without 01 deck officer since 27DEC2022 resulting in not meeting watchkeeping or minimum safe manning in accordance with the vessel's safe manning document. STCW (17 Cons) I/4.1.2

11110 - Stowage and provisions of liferafts - Every liferaft shall be stowed with its painter permanently attached to the ship and with a float free arrangement so that the liferaft floats free and, if inflatable, inflates automatically when the ship sinks. Painter line was connected directly to the hydrostatic release instead of to the weak link. CCSSC 4.9.5

A vessel of greater than 300 GRT or ITC is required to maintain a valid Certificate of Financial Responsibility to utilize the navigable waters of the United States. Vessel does not have a valid Certificate of Responsibility. Vessel does not have a Valid COFR.

The company and the ship shall comply with the requirements of the international safety management code. The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations which may be established by the company. Vessels cargo securing manual requires inspections of equipment to be conducted and logged in 3 month intervals. There are no records of inspection. 74SOLAS(2020 Cons.)IX/3.1 ISM Code Part A 10.1

Every ship 100GT and above, and every ship which is certified to carry 15 or more persons...shall carry a garbage management plan which the crew shall follow. Such plan shall be based on the guidelines developed by the organization. Vessels garbage management plan does not include procedures for E-Waste. MARPOL 73/78 ANNEX V/10.2

Every ship to which this code applies shall be sufficiently manned in order that the number and qualification of the crew shall be sufficient for the safe operation of the ship. Ship Minimum Safe Manning document requires 02 GMDSS operators to which the ship only has 01. CCSS Code 1.7.1

All machinery shall be so installed and protected as to reduce to a minimum any danger to persons on board, due regard being paid to moving parts. Port generator was missing guards over moving parts. CCSS Code 2.3

11108 - Inflatable Liferafts - Every inflatable liferaft should be serviced. Liferafts expired 23May21. CCSSC 4.7.1.1

11110 - Stowage and provision of liferafts - Hydrostatic release units should be serviced. Hydrostatic release units for liferafts expired May of 2021. CCSSC 4.8

10116 - Nautical Publications - Ships shall be provided with navigation publications as appropriate to the regulations of Chapter V of the 1974 SOLAS. The following publications are expired and need updating. List of radio signals for pilot services, vessel traffic services and port operations, list of lights and fog signals, list of radio signals. CCSSC 6.1.2.1.6

0bjective evidence discovered during an expanded ISM exam revealed the following non-conformities: the vessel failed to fully implement the requirements of the ISM Code through their SMS procedures as evident by the following identified deficiencies indicating that the ship and/or company are not meeting the SMS requirements. Recommend an external audit.

A record shall be kept, to the satisfaction of the administration and as required by the Radio Regulations, of all incidents connected with the radio communication service which appear to be of importance to safety of life at sea. No tests have been recorded or conducted as per the GMDSS Logbook since January 11, 2020.

Where the emergency source of power is a generator, it should be automatically started and connected to the emergency switchboard within 45 s of the loss of the main source of electrical power. Emergency generator does not have automatic start function and does not have emergency switchboard. CCSSC 2.34.8

A reserve source of energy should be provided in a position as high as practicable which under all circumstances should have sufficient capacity to operate the transmitter and receiver for at least 6 hrs continuously under normal working conditions. Battery backup protective case for Bridge and radio installations is broken, exposing terminals causing severe corrosion to occur, presenting potential for an unreliable power source. CCSSC 5.11.1.2

The bulkheads and decks separating the machinery spaces of category A from control stations, corridors, accommodation spaces, stairways, service spaces and cargo spaces should be so constructed as to be capable of preventing the spread of fire to the unexposed side. PSCO identified multiple penetrations in engine room bulkheads. Penetrations will allow the spread of fire into multiple adjacent spaces. CCSSC 3.16.1.2

Stairways and ladders should be so arranged as to provide, from accommodation spaces, service spaces, control stations, machinery spaces and other spaces in which the crew is normally employed, ready means of escape to the open deck and thence to the survival craft. Emergency escape ladder located on the starboard side of the engine room, is severely wasted and presents a high probability of failure, potentially preventing crew from escaping in the case of emergency. CCSSC 3.16.4.1

Pipes, fittings and valves handling fuel oil, lubricating oil and other flammable oils should be of the steel or other approved material. Fuel supply line #6 has a soft patch not approved by the administration. CCSSC 3.19.6

All electrical apparatus should be so constructed and so installed as not to cause injury when handled or touched in the normal manner. PSCO identified multiple deadend wires located throughout engine room, presenting an electrical hazard to the crew. CCSSC 2.32.1.3

All ships shall carry adequate and up-to-date charts necessary for intended voyages. Charts available on board ship have not been corrected with all applicable modifications since 2010. CCSSC 6.1.2.16

Each lifejacket should be fitted with a whistle firmly secured by a cord and a light and fitted with retro-reflective material. PSCO identified 06 lifejackets with inoperable lights during abandoned ship drill. CCSSC 4.11.3

Every ship that does not carry a doctor shall be provided with an approved medical chest with readily understandable instructions. Master stated to PSCO medical chest was missing more than half of required items. ILO-147 pg38 PWSA 33USC1223(b)1