Jamaica
Edited by
George Sargeant Reynolds 2000083
COUNTRY REPORT ON JAMAICA
PREPARED FOR THE JAPANESE SHIP AND OCEAN FOUNDATION
PERTAINING TO THE WMU FELLOWS (JAPAN) FORUM
1. Maritime Administration in Jamaica
Background
Formal maritime administration in Jamaica has a relatively short history. The Shipping Act of 1998 laid the foundation for the creation of the Maritime Authority of Jamaica, which began operating on the 1st of January 1999, to be the effective maritime administrative agency for the island of Jamaica. The Authority came into existence amidst much uncertainty about its exact terms of reference and regulatory functions. Maritime administration in Jamaica is thus in a transitional mode and stands at a pivotal point. The indicators suggest that whilst there will be much hard work ahead, the Authority is on the right path.
Maritime Overview of Jamaica
Jamaica, which gained independence from Britain in 1962, retained the (UK)Merchant Shipping Act of 1894 as the primary instrument of shipping legislation until July 1998. During this period the Port Authority of Jamaica was the de-facto Maritime Administration. Jamaica also enacted legislation giving effect to various aspects of UNCLOS 1982 and became a member of the IMO and a party State to various IMO conventions. In this regard, the Maritime Areas Act of 1996 and STCW 95 are noteworthy.
The Maritime Areas Act makes provision for Jamaica to an archipelagic State and defines the various maritime baselines and areas of jurisdiction. The advent of STCW 95 spurred the Government into establishing a project unit, the embryo of the Maritime Authority, to spearhead Jamaica's efforts to meet the IMO / STCW 95 requirements for making the 'white list'.
The maritime industry in Jamaica is of particular importance to the Island's economic development. Jamaica's maritime areas of jurisdiction, comprising the archipelagic waters and territorial sea and the anticipated EEZ, will be about 25 times the size of the land mass. These areas will undoubtedly be major sources of food, recreation and employment. The ports facilitate a major source of revenue: merchant shipping accounted for some US$1,430 M worth of exports in 1995, whilst cruise shipping generated approximately US$ 1,000 M in foreign exchange earnings. This exceeded the local revenue generated for that year (equivalent to @ US$2,000 M)(Statesman's Handbook, 1998-1999). It was therefore crucial that the Government implemented the necessary legislation and infrastructure to give effect to the provisions of STCW 95 and Jamaica's other international maritime obligations.
Current Oganizational Structure
Maritime administration is the responsibility of the Ministry of Transport and Works. There are three main government agencies operating in direct support of the Ministry: the Maritime Authority of Jamaica, the Port Authority of Jamaica, and the Caribbean Maritime Institute. The Ministry conducts its maritime related functions in close co-operation with other Ministries. The Shipping Act of 1998 gives the Minister of Transport the authority to appoint Maritime Tribunals to enquire into maritime casualties of a serious nature.
Functional Aspects
The Port Authority now regulates matters concerning the development and safety of the ports, and maintains responsibility for:
- The safety of all vessels navigating the ports;
- Pilotage services;
- Aids to navigation; and
- The regulation of ships' dues and tariffs on goods passing over the public wharves.
The Caribbean Maritime Institute is devoted to the educational development of the maritime and allied industries, both locally and regionally, through the provision of quality maritime education and training. Financial constraints have had an adverse impact on the Institute's ability to continue to meet the quality and simulator training requirements of STCW 95. Coupled with this, the turn out of graduates who have fully satisfied the seagoing training requirements for certification has been hampered by a severe shortage of billets onboard seagoing ships. Efforts are underway to secure seagoing training billets on ships calling at ports throughout the region, and to secure funding to expand its infrastructure, including the purchase or charter of an appropriate vessel that can be used for regional and international trading. This vessel will be manned by nationals from the Caribbean region, and will guarantee the availability of seagoing training billets for cadets.
The Maritime Authority of Jamaica is mandated, under the Shipping Act, to pursue the development of shipping and to regulate matters relating to merchant shipping and seafarers (Shipping Act, 1998). More specifically, the duties of the Maritime Authority are to:
- Administer the registration of ships;
- Regulate the certification of seafarers;
- Regulate the safety of shipping as regards the construction of ships and navigation;
- Administer policy for the development of shipping in general;
- Inspect ships for the purposes of maritime safety and prevention of marine pollution;
- Establish maritime training and safety standards; and
- Make enquiries as to shipwrecks or other casualties affecting ships, or as to charges of incompetence or misconduct on the part of seafarers in relation to such casualties.
The Maritime Authority has thus been organized around these functional areas, with the main directorates being Safety and Training, Shipping Policy and Research and the Registrar of Ships and Seafarers. In late 2000 the Maritime Authority launched the International Ship Registry.
Emerging Issues
Despite the advances that have been made over the last year however, there remains a considerable amount of work and rationalization to be done. There are still areas of functional overlap between the Port Authority and the Maritime Authority, especially in terms of regulatory and safety functions, which may give rise to clashes of interest during this transitional stage.
Whilst it is obvious that participation in IMO meetings is crucial to the advancement of Jamaica's maritime interests, the cost of the desired level of participation is excessively high. As such, serious consideration has to be given to regional pre-meeting consultations and regional representation, especially in areas of common interests.
Developmental Plans
Jamaica is a party State to the following international and regional maritime instruments (IMO, 1999):
- UNCLOS 82;
- SOLAS 74;
- LOADLINES 66;
- COLREG 72
- STCW 78, as amended in 95;
- SAR 79;
- MARPOL 73/78, inclusive of Annexes I, II, III, IV and V;
- LDC 72;
- INTERVENTION 69 and the Protocol of 73;
- CLC 92;
- FUND 92; and
- Caribbean MOU on Port State Control.
Plans are being made to accede to a number of other instruments namely OPRC 90, FAL 65, TONNAGE 69 and the Protocols and amendments to SOLAS 74.
Particular emphasis has been placed on the eradication of sub-standard ships below convention size that abound in the Caribbean region. The Caribbean Cargo Ship Safety Code deals specifically with non-convention ships and will certainly prove useful in the eradication drive. Emphasis has also been placed on small boat safety and the development of regulations for fishing vessels. A programme of sensitization, targeting the judiciary, law enforcement agencies and the allied industries is well underway.
In order to enhance the capability to conduct surveys, inspections and certification activities, survey and certification functions have been delegated to a select number of Classification Societies. Similarly, MOUs have been signed with a number of local agencies for the provision of qualified personnel for PSC inspections, and fishing vessel and small boat surveys, inspections and certification.
Lastly, the Maritime Authority is pursuing avenues to increase selfsufficiency; the establishment of a quality international ship registry is intended to be the primary source of revenue to enable this self-sufficiency. Fees for examination and certification activities for seafarers, small boats and fishing vessels are also being revised.
Summary
The evolution of formal maritime administration in Jamaica has been progressing fairly smoothly since the inception of the Maritime Authority in January 1999. The Authority faces the usual obstacles to implementation and change, however the determination and co-operation exhibited by other organizations within the local maritime industry have helped to facilitate the transitional process. There are many emergent issues and challenges to overcome and the next two to three years will be critical. The attitude and intent demonstrated to date have been very positive and lay an encouraging foundation for the future.
Relevant Addresses of Local Maritime Organizations.
Ministry of Transport and Works
1c Pawsey Road
Kingston 5
Jamaica
Tel: 876-754-1900-1
Fax: 876-754-2595
E-mail: mtw@mtw.gov.jm
Maritime Authority of Jamaica
Dyoll Building
40 Knutsford Boulevard
Kingston 5
Jamaica
Tel: 876-754-7260-5
Fax: 876-754-7256
E-mail: maj@jamaicaships.com
2. Basic data on marine transport.
(1). Role of marine transport
[1]. 90% of international trade is by way of marine transport.
[2]. There is a limited domestic marine cargo transport system in place, namely the transport of petroleum products from the refinery in Kingston to outlets in out-ports.
[3]. 907,000 cruise ship passengers (2000). Domestic marine passenger transport is very insignificant, with only one ferry system with a capacity of 50 operating on a daily basis in Kingston.
(2). Magnitude of Merchant Fleets.
[1]. 0
[2]. 2 tugs; I tanker; small vessels of variable size engaged in the tourism and water-sports industry.
(3). Seafarers.
[1]. Ratings approximately 9000; Officers 208.
(4). Ports.
[1]. Cargo handled: 521,521 TEU in transhipment; 16.43 million tons in imports.
[2]. Visiting vessels: approximately 3552.
(5). Marine disasters and pollution incidents.
[1]. Recent marine disasters limited to small recreational pleasure boats with relatively low percent resulting in loss of life.
[2]. No recent marine pollution incidents which have had a significant impact on the marine environment. Minor accidental discharges; main problem lies with industrial and sewage run-off.
(6). Research and Environmental Organizations.
University of the West Indies
Mona Campus
Kingston 7
Jamaica
Tel: 876-927-1660
Web site: uwimona.edu.jm
Centre for Marine Sciences (part of the University of the West Indies).
Tel: 876-927-1609
Fax: 876-977-1033
E-mail: cms@uwimona.edu.jm
University of the West Indies Marine Biology Laboratory
Discovery Bay
P.O. Box 35
St. Ann
Jamaica
Tel: 876-973-2241
Fax: 876-973-3091
E-mail: dbml@infochan.com
National Environmental Protection Agency
10 Caledonia Avenue
Kingston 5
Jamaica
Tel: 876-754-7550-1
Fax: 876-754-7596
E-mail: nrca@infochan.com