Question Period Note: Environmental Response- Motor Vessel (M/V) Zim Kingston

Environmental Response- Motor Vessel (M/V) Zim Kingston

In this large-scale international response, the Canadian Coast Guard (CCG) worked closely with several partners, including other federal departments, the province, and Indigenous communities, among others.

The CCG and its partners responded quickly and efficiently to ensure the safety of the crew, responders, and the public while addressing potential impacts to the environment. This meant working with the vessel owner to track, locate, and clean-up containers and debris that washed ashore.

The owner of the M/V Zim Kingston continues to collaborate with the CCG and to undertake efforts to locate missing containers, assess risk to the environment, and clean-up debris.

If appropriate measures are not taken to locate and clean-up hazardous containers or debris that washes ashore, the CCG may issue the owner a direction order under the Wrecked Abandoned or Hazardous Vessels Act, specifying, for example, that debris in a particular location be cleaned up within a given timeframe.

In the instance that the owner were to receive a direction order and not comply, the CCG has the option to take action and pursue opportunities to cost recover. However, given the owners of the M/V Zim Kingston are not in Canada, this poses challenges. Therefore the collaborative approach is the preferred path forward.

The CCG sends all reports of lost containers or debris to the owner of M/V Zim Kingston, as they remain accountable for organising and paying for clean-up operations for six years following the date of incident. To date, the CCG has received eight reports of debris, and appropriate timely action has been taken by the owner of the M/V Zim Kingston.

The owner has contracted a company to conduct a risk assessment. The CCG is awaiting: a written report providing the results of three months of surveying previously impacted beaches; a final written environmental risk assessment to determine the physical and ecological sensitivities associated with the containers; and, results of underwater scanning of the cape Flattery area where containers were initially reported overboard.

• On October 22 - container ship M/V ZIM KINGSTON experienced a cargo shift and loss of containers overboard due to weather. The number of lost containers was initially estimated at 40 containers overboard. Coast Guard Marine Communication and Traffic Services (MCTS) took initial information from the ship. To ensure safety to other mariners, and Navigation Warning (NAVWARN) was broadcasted immediately to advise other vessels transiting the area of the floating hazard (containers lost). The ship was then provided direction to a safe anchorage at Constance Bank, British Columbia, and directed to create a passage plan.
• On October 23 - the M/V ZIM KINGSTON, at anchor on Constance Bank, BC with 21 people on board, reported a fire onboard within their cargo of containers. Coast Guard vessels Cape Calvert and Cape Naden responded. Coast Guard evacuated 16 crew off the ship. Remaining crew stayed to fight the fires.
• On October 23 - communication to local partners, Indigenous communities and stakeholders was done in accordance with Coast Guard’s Area Response Plans. A pre-determined distribution list, which includes Indigenous, Provincial and local governments, was used to communicate the original container loss, and the resulting fire onboard the ship.
• On October 23 - an Incident Command Post was established by Coast Guard to manage both the fire on the ship as well as the lost containers. Coast Guard initiated regular communication with the ship owner, who provided details on response intentions, contractors hired, and confirmed a request for coordinated support.
• On October 24 - two contracted offshore supply vessels with firefighting capability were hired by the ship owner to stabilize fires on the ship by watering vessel.
• On October 24 and 25 –Coast Guard and US Coast Guard attempted to track the containers but a storm made tracking challenging.
• On October 25 - salvage contractors were on scene but unable to board the ship due to weather and continued smoldering containers. The nature of the chemical in the containers on fire would have resulted in greater fire or an explosion with direct application of water. A strategy to allow containers to burn down proved effective.
• On October 26 - salvage contractors boarded the ship and began firefighting operations, working from container to container. This took several days. Air quality monitoring on shore continued to show results that did not elicit concerns.
• On October 27 - the crew returned to the ship and was able to safely access container bays to count containers. It was determined that 109 containers fell overboard versus the original 40 that was first reported.
• On October 27 - Coast Guard helicopter spotted four containers and debris on the beaches around Cape Scott, northern Vancouver Island.
• On October 28 – firefighting efforts continued. The contractor hired by the ship owner to clean up the containers and debris began to mobilize. Coast Guard continued to communicate and coordinate response efforts with ship owner and contractors.
• On October 29 – shore clean-up began. Coast Guard and Transport Canada National Arial Surveillance Plane overflights continued to look for more containers. The vessel owner’s Classification Society completed the vessel inspection required to allow for the ship to move once a berth was established.
• On October 30 – The marine salvage contractor, hired by the ship owner, transitioned from firefighting to container stabilization operations.
• On November 1 – Transport Canada inspectors boarded the M/V ZIM KINGSTON. The Emergency Zone around Constance Bank anchorage was modified from 1 nautical miles to 0.5 nautical miles in order decrease impact on shipping activities.
• On November 3 – Transportation Safety Board inspectors boarded the ship. Environment and Climate Change Canada (ECCC), as well as local and municipal responders, reviewed air quality reports ashore, and reported their findings with no concerns. Further plume modelling did not indicated any chance of particulate matter reaching the shore, therefore, shore based air monitoring ceased.
• On November 4 – beach cleanup continued with identification of further areas of coastline impacted by debris.
• Between November 5 and 9, plans were being developed and finalized by the vessel owner to prepare to move the M/V ZIM KINGSTON to a nearby Port (as yet undetermined) to unload its cargo and take on repairs. Discussions remained ongoing between Coast Guard, Transport Canada and the vessel owner on the timing and location of the M/V ZIM KINGSTON’s port of call.
• Indigenous leaders were monitoring their territories and reporting on any potential debris or containers that come ashore from the M/V ZIM KINGSTON. They actively patrolled beaches and participated in coordination calls with the Coast Guard to share information in a coordinated response.
• Multiple First Nations also contributed local knowledge by identifying their sensitive resources at risk. This helped the response efforts by enabling responders to prioritize their efforts to mitigate impacts to the environment.
• Under the Canadian Shipping Act, the owner is responsible for response and cleanup of the cargo spill, and under the Marine Liability Act and the Wrecked, Abandoned or Hazardous Vessels Act the owner of the vessel is liable for costs, losses and damage resulting from the incident.
• The vessel owner contracted private industry, nonprofit organizations and First Nations communities for container and beach cleanup operations. Cleanup plans and environmental assessments were developed by the owner representative and approved by Unified Command. Coast Guard monitored and supported cleanup operations.
• Throughout November and December 2021, cleanup debris/garbage was removed from the area and transported for appropriate disposal/recycling.
• By December 15, 2021, containers and debris-impacted areas were fully remediated. 105 containers remain missing.
• On December 3, 2021, the M/V ZIM KINGSTON transited to and was secured at anchorage in the Port of Nanaimo. The vessel was berthed at Delta Port World / Duke Point, at the Port of Nanaimo to begin offloading of its cargo on December 11, 2021.
• A sonar scan was completed by vessel owner on the Constance Bank Anchorage site on December 7, 2021. Results from the scan identified a structure that appeared to be human-made but they were unable to confirm if it is a container. The vessel owner retained a contractor to conduct a dive and/or remote operated vehicle (ROV) examination of the Constance Bank area. Results indicated that there are no containers in this area.
• On December 21, 2021 a fire broke out on the M/V ZIM KINGSTON during offloading operations, which was quickly extinguished by local authorities.
• The vessel is currently at anchorage in the Port of Nanaimo having completed offloading operations.
• In December 2021, the owner contracted a company to conduct an environmental risk assessment based on the containers that went overboard near Cape Flattery. Coast Guard Western Region has recently received the risk assessment report and is conducting a review and analysis with DFO Science and ECCC.
• A sonar scan, to be conducted by the owner, around the Cape Flattery area will be conducted at the next appropriate weather window.
• Coast Guard continues to monitor the situation, actively work with the vessel owner representative and partners to mitigate further damage to the environment.

Coast Guard response practices for the M/V ZIM KINGSTON:
• A total of four Area Response Plans (ARP) were enacted in response to the incident. The plans cover the Georgia Strait, Juan de Fuca Strait, the Greater Vancouver Area and West Coast Vancouver Island. Plans were developed in collaboration with Transport Canada, ECCC, DFO Science and Ecosystems management, the province, industry (Response Organizations) and the communities who live within those geographic areas. Indigenous communities make up the greatest part of that community representation and collaboration in the development of ARPs (see attachment for contact list).
• ARP serve to alert all response partners and communities in a geographic area that an incident has taken place and to set in motion all response partners activities during the initial phases of an incident response, essentially gathering partners into the Incident Command Post to bring their resources and knowledge to bare on the response.
• The response to the M/V ZIM KINGSTON was led by a Unified Command, a joint decision body, which was comprised of representatives from the Coast Guard, the BC Ministry of Environment and Climate Change Strategy, representatives of the owner of the M/V ZIM KINGSTON, Beecher Bay First Nation and the W̱SÁNEĆ Leadership Council.
• A large number of experts from First Nations, the Province BC, municipalities on Vancouver Island, the Government of Canada, the ship’s company, private industry and others worked within the Incident Command Post, in Unified Command, the Environmental Unit or in coordination positions.
• To reach as wide an audience as possible, Coast Guard used social media to alert the public of the unfolding incident, all on-going developments and to issue precautionary direction on what to do should a member of the public become aware of coast line debris.

Snuneymuxw First Nation engagement:
• Representatives of Snuneymuxw First Nation including the Chief Mike Wyse were consulted by Coast Guard officials at the outset of plans being developed to have the M/V ZIM KINGSTON transit to the Port of Nanaimo. Given that the Port of Nanaimo and the lands and waters surrounding the port rest within the traditional waters and territory of Snuneymuxw First Nation, it was critical for Coast Guard to consult early and seek input from Snuneymuxw First Nation into the planning process to seek their support to enable the processing and unloading of cargo from the vessel.
• On November 17, 2021, having been engaged on the plan to offload the vessel at the Port of Nanaimo, the Snuneymuxw First Nation communicated to Coast Guard that they did not support the plans associated with transiting, offloading cargo and environmental monitoring the M/V ZIM KINGSTON in their core marine territory, reiterating their traditional territorial and marine rights in the Nanaimo area. In respect of the Snuneymuxw stated concerns, Coast Guard and Transport Canada representatives felt it was important to wait until all risks were mitigated before supporting the move of the vessel
• Representatives of Duke Point Shipping Terminal (who operate within the Port of Nanaimo) supported by the Port of Nanaimo agreed to receive the M/V ZIM KINGSTON and offload its cargo.
Under an existing protocol that is in place between Snuneymuxw First Nation and the Port of Nanaimo, the Port communicated its intentions to Snuneymuxw First Nation with respect to receiving the M/V ZIM KINGSTON to offload cargo. An agreement was reached between both parties on December 2, 2021.

Container and Debris locations
Since November 2021, CCG has received eight reports of debris:

• Palmerston and Grant Bay - reported to CCG 12/16/2021
• Naikoon Park - Haida Gwaii - reported to CCG 1/11/2022
• Clayoquot Sound X 2 - reported to CCG 1/22/2022 and 2/8/2022
• Naikoon Park - Haida Gwaii - reported to CCG 1/26/2022
• Radar Beach, Pacific Rim Nat'l Park - reported to CCG 2/5/2022
• Cape Palmerston - reported to CCG 2/15/2022
• Haida Gwaii - reported to CCG 3/2/2022
• Palmerston Beach – one container and debris
• Shuttleworth and North Coast Shoreline - one container and debris
• Sea Otter Cove - San Josef Bay – one container and debris
• Raft Cove – one container and debris
• Guise Bay – debris

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