ATL 2701
Encyclopedia
The ATL 2701 is a Canadian
general cargo barge
owned by J.D. Irving Ltd. and operated by JDI subsidiary Atlantic Towing Limited.
Formerly named Irving Whale, the barge underwent a refit in fall 1996 and was renamed to its present status in 1997.
The barge contains a spacious hold that was formerly used for transporting petroleum
products, however it is now used exclusively to carry general cargo on deck. Recent manifests have included wood chips and structural steel.
Its area of operations is primarily Atlantic Canada
. In December 2007 the ATL 2701 was contracted to haul a cargo of steel pipes through the St. Lawrence Seaway into Lake Ontario
destined for the Portlands Energy Centre
project in Toronto Harbour
.http://maritimecalamities.blogspot.com/2007/12/irving-whale-rides-again.html
, Saint John
in 1966. It was launched and commissioned by owner J.D. Irving Limited in 1967.
The barge was designed as a tanker barge to carry petroleum
products, mostly fuel oil
, in eight below-deck cargo tanks, in addition to deck cargo on the main deck.
Irving Whale saw extensive use in the waters of Atlantic Canada
after entering service. The barge's fuel cargo tanks were used exclusively by Irving Oil
, a sister company to barge owner J.D. Irving Ltd. It delivered fuel oil such as Bunker C
to major industrial customers such as electrical generating stations and pulp and paper mills, as well as top-deck general cargo.
Irving Maple departed Halifax
, Nova Scotia
towing Irving Whale at 0845 local time. The Irving Whale was carrying a cargo of 4270 t (4,202.5 LT) or approximately 4351800 l (1,149,623.9 US gal) of Bunker C, also known as #6 fuel oil, destined for the Consolidated-Bathurst Inc. pulp mill in Bathurst
, New Brunswick
.
The Irving Maple towed the Irving Whale east from Halifax Harbour
along the Eastern Shore
, then through the Strait of Canso
, transiting the Canso Canal
into the Northumberland Strait
on Sunday 6 September 1970 at 1300 local time. The tug/barge took a northerly course into the central Gulf of St. Lawrence, passing between East Point
, Prince Edward Island
and the Magdalen Islands
before turning northwest toward the entrance of Chaleur Bay
.
The tug/barge made approximately 8 kn (15.7 km/h) until reaching the open Gulf of St. Lawrence between Prince Edward Island and the Magdalen Islands, where the Irving Maple reported wind gusts approaching 32 kn (62.7 km/h) and choppy seas early on the morning of Monday, 7 September 1970.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
At approximately 0700, the Irving Maple reported a vibration in the tow rope and it was decided to lengthen the tow from 321 m (1,053.1 ft) to 482 m (1,581.4 ft) out of concern that the Irving Whale might strike the tugboat.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
Immediately after the tow was lengthened, the stern of the Irving Whale submerged and the barge took a 45º list. The crew of Irving Maple provided continuous radio updates to the Canadian Coast Guard
as they observed the barge founder over the next 3 hours.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
At 1023 local time on 7 September 1970, the Irving Whale sank at
47°22′09"N 63°19′46"W in approximately 67 m (219.8 ft) of water. The location of the wreck in the centre of the Gulf of St. Lawrence was approximately 60 km (32.4 nmi) northeast of North Cape
, Prince Edward Island
and 100 km (54 nmi) southwest of Cap du Sud-Ouest, Magdalen Islands
.
The exact location of the wreck was known immediately after the sinking as the Irving Maples tow line remained connected to the Irving Whale.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
Since the Irving Whale sank stern first following progressive flooding over a three hour period, the barge ended up settling in an upright position. The seafloor in the vicinity of the wreck was level and composed of sedimentary sandstone and sand.
The cause of the sinking was attributed to two possible causes as a result of poor weather conditions:
, polluting approximately 80 km (43.2 nmi) of shoreline; 200,000 bags of oil debris were recovered during cleanup operations in fall 1970 on the Magdalen Islands and buried in sand dunes there. An unknown amount of bunker C floated into the Atlantic Ocean through the Cabot Strait
and some washed ashore on Prince Edward Island
as well.http://www.atl.ec.gc.ca/whale2/history.html
In the fall of 1970 a visual inspection was undertaken of the wreck by a submersible vessel. Divers secured pressure relief vents to prevent further leaks. The sinking of the Irving Whale resulted in the heating system for the bunker C shutting down. Within days, the cold waters of the Gulf of St. Lawrence caused the oil to congeal, reducing leakage from the barge.
At the time of its sinking in 1970, the location of the Irving Whale wreck was considered international waters
since it was located further than 12 nmi (22.2 km) from the nearest shoreline. As a result, the International Convention on Civil Liability for Oil Pollution Damage
held jurisdiction over the pollution caused by the cargo of bunker C leaking from wreck of the Irving Whale. Canada's ratification of the Third United Nations Convention on the Law of the Sea
(UNCLOS III) in 1977 saw its jurisdiction extended beyond the 12 nmi (22.2 km) territorial sea to include waters within the new 200 nautical miles (370.4 km) exclusive economic zone
, thus taking jurisdiction over the Irving Whale wreck.http://www.atl.ec.gc.ca/whale2/history.html
As a result of the sinking, J.D. Irving Ltd. abandoned ownership of the wreck, since it was considered to be in international waters.
From the time of its sinking in 1970 until its salvage in 1996 the Canadian Coast Guard
made regular aircraft and surface surveillance of the wreck site to check for pollution; Transport Canada
, Fisheries and Oceans Canada
and Environment Canada
assisted CCG in surveillance operations. The Irving Whale lost approximately 1100 t (1,082.6 LT) of bunker C, leaving approximately 3100 t (3,051 LT) of its cargo of fuel oil on board.http://www.atl.ec.gc.ca/whale2/history.html
Throughout the 1970s until its salvage in 1996, the Irving Whale continued to experience minor leakage from its cargo vents and other valves. Throughout the 26 year period it was submerged in the salt waters of the Gulf of St. Lawrence, the thickness of the barge's steel hull was reduced by approximately 5 mm (0.196850393700787 in) as a result of corrosion.
Transport Canada conducted detailed inspections of the Irving Whale wreck in 1989 and 1990 which confirmed that the barge was leaking approximately 80 l (21.1 US gal) of bunker C per day. In September 1990 the Public Review Panel on Tanker Safety and Marine Response Capability noted the thinning of the barge's hull and the potential for a catastrophic release of the remaining cargo of bunker C fuel oil. It recommended a decision be made within 12 months on whether to remove the oil and/or raise the Irving Whale. Both Transport Canada and Environment Canada commissioned two additional studies in 1992 to evaluate options for dealing with the barge and its cargo; both studies recommended pumping the oil without raising the barge. In 1993, the Ship-source Oil Pollution Fund, Canada's domestic replacement to the International Convention on Civil Liability for Oil Pollution Damage
, commissioned a study of the Irving Whale; it confirmed both pumping the oil or lifting the barge with oil on board were feasible, however lifting the barge with the oil was preferable as it was less risky to the environment.http://www.atl.ec.gc.ca/whale2/history.html
A 1993 inspection of the wreck confirmed additional small leaks from cargo vents; hatches were reinforced and the vents sealed. A 1994 inspection of the wreck confirmed several vents were still leaking 20 l (5.3 US gal) per day, far less than the previous year. That same year, the CCG created two Public Advisory Committees, one in Prince Edward Island and the other in the Magdalen Islands as part of a consultation process for dealing with the wreck.
In 1994 the Government of Canada committed to raising the Irving Whale and cleaning the wreck site from contamination.
won the contract to lift the Irving Whale with a tendered price of $12.1 million.
On 23 June 1995, J.D. Irving Ltd. revealed the presence of PCB
fluid within the cargo heating system pipes of the barge. On 18 July 1995, divers began preparatory work on the barge. On 21 August 1995, the Federal Court of Canada
stayed the decision to lift the barge based upon an injunction filed by the "Société pour vaincre la pollution Inc." (SVP) and the "Regroupement madelinot pour la protection du golfe Inc." to stop salvage efforts pending an investigation under the Canadian Environmental Protection Act. The injunction delayed work on the salvage operation until 11 September 1995, causing the lift to be deferred to the next "weather window" in summer 1996.
Further analysis of the environmental consequences of salvaging the Irving Whale took place in fall 1995 and winter 1996. In April 1996 SVP dropped its injunction against the project.
On 30 July 1996, the Irving Whale was hoisted by derrick barges Chesapeake and Boabarge 9 to the surface in approximately 70 minutes. The Irving Whale was then floated on board the semi-submersible barge Boabarge 10, which transported the Irving Whale to Halifax, Nova Scotia. The Irving Whale arrived in Halifax Harbour
on 7 August 1996 and was transferred to the care of Irving Shipbuilding. The barge's cargo was removed and the cargo hold cleaned before the barge underwent a refit at Irving Shipbuilding subsidiary Halifax Dartmouth Industries Limited. Following refit, the barge was transferred to Atlantic Towing Ltd. and renamed ATL 2701 for service as a general cargo barge.
, owner of the cargo of oil, and J.D. Irving Ltd., owner of the barge.
On 29 July 1997 the federal government filed a lawsuit in the Federal Court
to recover its costs for the salvage operation with the owners of the Irving Whale, J.D. Irving Ltd., as well as the Ship Source Oil Pollution Fund and the International Oil Pollution Compensation Fund 1971. In Canada v J.D. Irving Ltd., the plaintiff (the federal government) sought action against the defendants (the barge's owners and charterers) based on the statutory liability
of an "owner" under subsection 677(1) of the Canada Shipping Act, as well as on the tort
s of negligence
and nuisance
. The defendants centred their defence on whether the action by the government was time barred and whether legislation created after the sinking of the Irving Whale could be applied retroactively. The case was heard on 9-10 December 1998 in Montreal. The decision was released on 21 December 1998 in favour of the defendants.
The federal government filed an appeal in the Federal Court of Appeal in 1999 that was heard on 2 May 2000. The appeal was rejected.
On 17 July 2000, the federal government announced that it had reached a $5 million out-of-court settlement with J.D. Irving Ltd. to recover costs incurred in the salvage of the Irving Whale. The settlement respected the "Polluter Pays Principle" which was the government's position since 1995. The $5 million is in addition to the $4 million that J.D. Irving Ltd. contributed during the recovery and clean-up of the Irving Whale.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
general cargo barge
Barge
A barge is a flat-bottomed boat, built mainly for river and canal transport of heavy goods. Some barges are not self-propelled and need to be towed by tugboats or pushed by towboats...
owned by J.D. Irving Ltd. and operated by JDI subsidiary Atlantic Towing Limited.
Formerly named Irving Whale, the barge underwent a refit in fall 1996 and was renamed to its present status in 1997.
The barge contains a spacious hold that was formerly used for transporting petroleum
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
products, however it is now used exclusively to carry general cargo on deck. Recent manifests have included wood chips and structural steel.
Its area of operations is primarily Atlantic Canada
Atlantic Canada
Atlantic Canada is the region of Canada comprising the four provinces located on the Atlantic coast, excluding Quebec: the three Maritime provinces – New Brunswick, Prince Edward Island, and Nova Scotia – and Newfoundland and Labrador...
. In December 2007 the ATL 2701 was contracted to haul a cargo of steel pipes through the St. Lawrence Seaway into Lake Ontario
Lake Ontario
Lake Ontario is one of the five Great Lakes of North America. It is bounded on the north and southwest by the Canadian province of Ontario, and on the south by the American state of New York. Ontario, Canada's most populous province, was named for the lake. In the Wyandot language, ontarío means...
destined for the Portlands Energy Centre
Portlands Energy Centre
The Portlands Energy Centre is a 550-megawatt natural gas electrical generating station on the Toronto waterfront at 470 Unwin Avenue – next to the site of the decommissioned Hearn Generating Station.-Corporate Support:...
project in Toronto Harbour
Toronto Harbour
Toronto Harbour or Toronto Bay is a bay on the north shore of Lake Ontario, in Toronto, Ontario, Canada. It is a natural harbour, protected from Lake Ontario waves by the Toronto Islands. It is a commercial port on the Great Lakes as well as a recreational harbour...
.http://maritimecalamities.blogspot.com/2007/12/irving-whale-rides-again.html
Irving Whale
The barge was laid down as the Irving Whale at Saint John Shipbuilding & Dry Dock Co., Ltd.Saint John Shipbuilding
Saint John Shipbuilding was a Canadian shipbuilding company located in Saint John, New Brunswick. It operated from 1923-2003.-History:Numerous shipyards were located on the shores of Courtney Bay in the east end of Saint John Harbour where extensive mud flats dried at low tide.In 1918 it was...
, Saint John
Saint John, New Brunswick
City of Saint John , or commonly Saint John, is the largest city in the province of New Brunswick, and the first incorporated city in Canada. The city is situated along the north shore of the Bay of Fundy at the mouth of the Saint John River. In 2006 the city proper had a population of 74,043...
in 1966. It was launched and commissioned by owner J.D. Irving Limited in 1967.
The barge was designed as a tanker barge to carry petroleum
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...
products, mostly fuel oil
Fuel oil
Fuel oil is a fraction obtained from petroleum distillation, either as a distillate or a residue. Broadly speaking, fuel oil is any liquid petroleum product that is burned in a furnace or boiler for the generation of heat or used in an engine for the generation of power, except oils having a flash...
, in eight below-deck cargo tanks, in addition to deck cargo on the main deck.
Irving Whale saw extensive use in the waters of Atlantic Canada
Atlantic Canada
Atlantic Canada is the region of Canada comprising the four provinces located on the Atlantic coast, excluding Quebec: the three Maritime provinces – New Brunswick, Prince Edward Island, and Nova Scotia – and Newfoundland and Labrador...
after entering service. The barge's fuel cargo tanks were used exclusively by Irving Oil
Irving Oil
Irving Oil is a gasoline, oil, and natural gas producing and exporting company. It is also one of the few energy companies in Canada to publicly support the Kyoto Accord. Irving Oil operates one large oil refinery...
, a sister company to barge owner J.D. Irving Ltd. It delivered fuel oil such as Bunker C
Fuel oil
Fuel oil is a fraction obtained from petroleum distillation, either as a distillate or a residue. Broadly speaking, fuel oil is any liquid petroleum product that is burned in a furnace or boiler for the generation of heat or used in an engine for the generation of power, except oils having a flash...
to major industrial customers such as electrical generating stations and pulp and paper mills, as well as top-deck general cargo.
Sinking
On Saturday, 5 September 1970, the tugboatTugboat
A tugboat is a boat that maneuvers vessels by pushing or towing them. Tugs move vessels that either should not move themselves, such as ships in a crowded harbor or a narrow canal,or those that cannot move by themselves, such as barges, disabled ships, or oil platforms. Tugboats are powerful for...
Irving Maple departed Halifax
City of Halifax
Halifax is a city in Canada, which was the capital of the province of Nova Scotia and shire town of Halifax County. It was the largest city in Atlantic Canada until it was amalgamated into Halifax Regional Municipality in 1996...
, Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
towing Irving Whale at 0845 local time. The Irving Whale was carrying a cargo of 4270 t (4,202.5 LT) or approximately 4351800 l (1,149,623.9 US gal) of Bunker C, also known as #6 fuel oil, destined for the Consolidated-Bathurst Inc. pulp mill in Bathurst
Bathurst, New Brunswick
Bathurst is a Canadian city in Gloucester County, New Brunswick.Bathurst is situated on Bathurst Harbour, an estuary at the mouth of the Nepisiguit River at the southernmost part of Chaleur Bay....
, New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
.
The Irving Maple towed the Irving Whale east from Halifax Harbour
Halifax Harbour
Halifax Harbour is a large natural harbour on the Atlantic coast of Nova Scotia, Canada, located in the Halifax Regional Municipality.-Harbour description:The harbour is called Jipugtug by the Mi'kmaq first nation, anglisized as Chebucto...
along the Eastern Shore
Eastern Shore (Nova Scotia)
The Eastern Shore is a region of Nova Scotia Canada. It is the Atlantic coast running northeast from Halifax Harbour to the eastern end of the peninsula at the Strait of Canso....
, then through the Strait of Canso
Strait of Canso
The Strait of Canso , is a strait located in the province of Nova Scotia, Canada. It divides the Nova Scotia peninsula from Cape Breton Island....
, transiting the Canso Canal
Canso Canal
The Canso Canal is a short canal located in Nova Scotia, Canada.-Canal location:The Canso Canal is located in the Strait of Canso, on the eastern side of the Canso Causeway, a rock-fill causeway which opened in 1955 to carry a 2-lane highway and railway tracks from Cape Breton Island to mainland...
into the Northumberland Strait
Northumberland Strait
The Northumberland Strait is a strait in the southern part of the Gulf of Saint Lawrence in eastern Canada...
on Sunday 6 September 1970 at 1300 local time. The tug/barge took a northerly course into the central Gulf of St. Lawrence, passing between East Point
East Point, Prince Edward Island
East Point is a cape and an unincorporated community located at the eastern-most extremity of Prince Edward Island, Canada. Its geographic coordinates are 46º27'N, 61º58'W....
, Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
and the Magdalen Islands
Magdalen Islands
The Magdalen Islands form a small archipelago in the Gulf of Saint Lawrence with a land area of . Though closer to Prince Edward Island and Nova Scotia, the islands form part of the Canadian province of Quebec....
before turning northwest toward the entrance of Chaleur Bay
Chaleur Bay
frame| Satellite image of Chaleur Bay . Chaleur Bay is the large bay opening to the east;the [[Gaspé Peninsula]] appears to the north and the [[Gulf of St...
.
The tug/barge made approximately 8 kn (15.7 km/h) until reaching the open Gulf of St. Lawrence between Prince Edward Island and the Magdalen Islands, where the Irving Maple reported wind gusts approaching 32 kn (62.7 km/h) and choppy seas early on the morning of Monday, 7 September 1970.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
At approximately 0700, the Irving Maple reported a vibration in the tow rope and it was decided to lengthen the tow from 321 m (1,053.1 ft) to 482 m (1,581.4 ft) out of concern that the Irving Whale might strike the tugboat.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
Immediately after the tow was lengthened, the stern of the Irving Whale submerged and the barge took a 45º list. The crew of Irving Maple provided continuous radio updates to the Canadian Coast Guard
Canadian Coast Guard
The Canadian Coast Guard is the coast guard of Canada. It is a federal agency responsible for providing maritime search and rescue , aids to navigation, marine pollution response, marine radio, and icebreaking...
as they observed the barge founder over the next 3 hours.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
At 1023 local time on 7 September 1970, the Irving Whale sank at
47°22′09"N 63°19′46"W in approximately 67 m (219.8 ft) of water. The location of the wreck in the centre of the Gulf of St. Lawrence was approximately 60 km (32.4 nmi) northeast of North Cape
North Cape, Prince Edward Island
North Cape is a cape at the northern-most extremity of Prince Edward Island, Canada.It is the dividing point for delineating the western limits of the Northumberland Strait. An extensive reef made up of sedimentary rock extends into the Gulf of St. Lawrence from its low sandstone cliffs...
, Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
and 100 km (54 nmi) southwest of Cap du Sud-Ouest, Magdalen Islands
Magdalen Islands
The Magdalen Islands form a small archipelago in the Gulf of Saint Lawrence with a land area of . Though closer to Prince Edward Island and Nova Scotia, the islands form part of the Canadian province of Quebec....
.
The exact location of the wreck was known immediately after the sinking as the Irving Maples tow line remained connected to the Irving Whale.http://www.edu.pe.ca/eastwiltshire/grass01/phys3f.htm
Since the Irving Whale sank stern first following progressive flooding over a three hour period, the barge ended up settling in an upright position. The seafloor in the vicinity of the wreck was level and composed of sedimentary sandstone and sand.
The cause of the sinking was attributed to two possible causes as a result of poor weather conditions:
- seawater accumulated in the aft end of the open deck cargo area; or
- seawater flooded the engine room through an open door (the barge had a small engine for powering oil cargo pumps and heating systems).
Pollution
For 2 days following the sinking, bunker C fuel oil leaked from the Irving Whale, covering an area of approximately 400 square kilometre. Approximately 200 t (196.8 LT) of bunker C washed ashore on the Magdalen IslandsMagdalen Islands
The Magdalen Islands form a small archipelago in the Gulf of Saint Lawrence with a land area of . Though closer to Prince Edward Island and Nova Scotia, the islands form part of the Canadian province of Quebec....
, polluting approximately 80 km (43.2 nmi) of shoreline; 200,000 bags of oil debris were recovered during cleanup operations in fall 1970 on the Magdalen Islands and buried in sand dunes there. An unknown amount of bunker C floated into the Atlantic Ocean through the Cabot Strait
Cabot Strait
Cabot Strait is a strait in eastern Canada approximately 110 kilometres wide between Cape Ray, Newfoundland and Cape North, Cape Breton Island. It is the widest of the three outlets for the Gulf of Saint Lawrence into the Atlantic Ocean, the others being the Strait of Belle Isle and Strait of Canso...
and some washed ashore on Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
as well.http://www.atl.ec.gc.ca/whale2/history.html
In the fall of 1970 a visual inspection was undertaken of the wreck by a submersible vessel. Divers secured pressure relief vents to prevent further leaks. The sinking of the Irving Whale resulted in the heating system for the bunker C shutting down. Within days, the cold waters of the Gulf of St. Lawrence caused the oil to congeal, reducing leakage from the barge.
At the time of its sinking in 1970, the location of the Irving Whale wreck was considered international waters
International waters
The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...
since it was located further than 12 nmi (22.2 km) from the nearest shoreline. As a result, the International Convention on Civil Liability for Oil Pollution Damage
International Convention on Civil Liability for Oil Pollution Damage
The International Convention on Civil Liability for Oil Pollution Damage, 1992, often referred to as CLC, is a maritime treaty. The convention was adopted "to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving...
held jurisdiction over the pollution caused by the cargo of bunker C leaking from wreck of the Irving Whale. Canada's ratification of the Third United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(UNCLOS III) in 1977 saw its jurisdiction extended beyond the 12 nmi (22.2 km) territorial sea to include waters within the new 200 nautical miles (370.4 km) exclusive economic zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
, thus taking jurisdiction over the Irving Whale wreck.http://www.atl.ec.gc.ca/whale2/history.html
As a result of the sinking, J.D. Irving Ltd. abandoned ownership of the wreck, since it was considered to be in international waters.
From the time of its sinking in 1970 until its salvage in 1996 the Canadian Coast Guard
Canadian Coast Guard
The Canadian Coast Guard is the coast guard of Canada. It is a federal agency responsible for providing maritime search and rescue , aids to navigation, marine pollution response, marine radio, and icebreaking...
made regular aircraft and surface surveillance of the wreck site to check for pollution; Transport Canada
Transport Canada
Transport Canada is the department within the government of Canada which is responsible for developing regulations, policies and services of transportation in Canada. It is part of the Transportation, Infrastructure and Communities portfolio...
, Fisheries and Oceans Canada
Fisheries and Oceans Canada
Fisheries and Oceans Canada, frequently referred to as DFO , is the department within the government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters...
and Environment Canada
Environment Canada
Environment Canada , legally incorporated as the Department of the Environment under the Department of the Environment Act Environment Canada (EC) (French: Environnement Canada), legally incorporated as the Department of the Environment under the Department of the Environment Act Environment...
assisted CCG in surveillance operations. The Irving Whale lost approximately 1100 t (1,082.6 LT) of bunker C, leaving approximately 3100 t (3,051 LT) of its cargo of fuel oil on board.http://www.atl.ec.gc.ca/whale2/history.html
Throughout the 1970s until its salvage in 1996, the Irving Whale continued to experience minor leakage from its cargo vents and other valves. Throughout the 26 year period it was submerged in the salt waters of the Gulf of St. Lawrence, the thickness of the barge's steel hull was reduced by approximately 5 mm (0.196850393700787 in) as a result of corrosion.
Transport Canada conducted detailed inspections of the Irving Whale wreck in 1989 and 1990 which confirmed that the barge was leaking approximately 80 l (21.1 US gal) of bunker C per day. In September 1990 the Public Review Panel on Tanker Safety and Marine Response Capability noted the thinning of the barge's hull and the potential for a catastrophic release of the remaining cargo of bunker C fuel oil. It recommended a decision be made within 12 months on whether to remove the oil and/or raise the Irving Whale. Both Transport Canada and Environment Canada commissioned two additional studies in 1992 to evaluate options for dealing with the barge and its cargo; both studies recommended pumping the oil without raising the barge. In 1993, the Ship-source Oil Pollution Fund, Canada's domestic replacement to the International Convention on Civil Liability for Oil Pollution Damage
International Convention on Civil Liability for Oil Pollution Damage
The International Convention on Civil Liability for Oil Pollution Damage, 1992, often referred to as CLC, is a maritime treaty. The convention was adopted "to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving...
, commissioned a study of the Irving Whale; it confirmed both pumping the oil or lifting the barge with oil on board were feasible, however lifting the barge with the oil was preferable as it was less risky to the environment.http://www.atl.ec.gc.ca/whale2/history.html
A 1993 inspection of the wreck confirmed additional small leaks from cargo vents; hatches were reinforced and the vents sealed. A 1994 inspection of the wreck confirmed several vents were still leaking 20 l (5.3 US gal) per day, far less than the previous year. That same year, the CCG created two Public Advisory Committees, one in Prince Edward Island and the other in the Magdalen Islands as part of a consultation process for dealing with the wreck.
In 1994 the Government of Canada committed to raising the Irving Whale and cleaning the wreck site from contamination.
Salvage
In March 1995 Environment Canada reached an agreement with Atlantic Towing Ltd., who would provide assistance in the salvage operation, and with Irving Shipbuilding, who would clean and dispose of the Irving Whale upon its salvage. In June 1995, Donjon McAllister Joint Venture of New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
won the contract to lift the Irving Whale with a tendered price of $12.1 million.
On 23 June 1995, J.D. Irving Ltd. revealed the presence of PCB
Polychlorinated biphenyl
Polychlorinated biphenyls are a class of organic compounds with 2 to 10 chlorine atoms attached to biphenyl, which is a molecule composed of two benzene rings. The chemical formula for PCBs is C12H10-xClx...
fluid within the cargo heating system pipes of the barge. On 18 July 1995, divers began preparatory work on the barge. On 21 August 1995, the Federal Court of Canada
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
stayed the decision to lift the barge based upon an injunction filed by the "Société pour vaincre la pollution Inc." (SVP) and the "Regroupement madelinot pour la protection du golfe Inc." to stop salvage efforts pending an investigation under the Canadian Environmental Protection Act. The injunction delayed work on the salvage operation until 11 September 1995, causing the lift to be deferred to the next "weather window" in summer 1996.
Further analysis of the environmental consequences of salvaging the Irving Whale took place in fall 1995 and winter 1996. In April 1996 SVP dropped its injunction against the project.
On 30 July 1996, the Irving Whale was hoisted by derrick barges Chesapeake and Boabarge 9 to the surface in approximately 70 minutes. The Irving Whale was then floated on board the semi-submersible barge Boabarge 10, which transported the Irving Whale to Halifax, Nova Scotia. The Irving Whale arrived in Halifax Harbour
Halifax Harbour
Halifax Harbour is a large natural harbour on the Atlantic coast of Nova Scotia, Canada, located in the Halifax Regional Municipality.-Harbour description:The harbour is called Jipugtug by the Mi'kmaq first nation, anglisized as Chebucto...
on 7 August 1996 and was transferred to the care of Irving Shipbuilding. The barge's cargo was removed and the cargo hold cleaned before the barge underwent a refit at Irving Shipbuilding subsidiary Halifax Dartmouth Industries Limited. Following refit, the barge was transferred to Atlantic Towing Ltd. and renamed ATL 2701 for service as a general cargo barge.
Cost
The cost of the salvage operation was $42 million. This cost was assumed by the federal government with great controversy, given the wealth of Irving Oil Ltd.Irving Oil
Irving Oil is a gasoline, oil, and natural gas producing and exporting company. It is also one of the few energy companies in Canada to publicly support the Kyoto Accord. Irving Oil operates one large oil refinery...
, owner of the cargo of oil, and J.D. Irving Ltd., owner of the barge.
On 29 July 1997 the federal government filed a lawsuit in the Federal Court
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
to recover its costs for the salvage operation with the owners of the Irving Whale, J.D. Irving Ltd., as well as the Ship Source Oil Pollution Fund and the International Oil Pollution Compensation Fund 1971. In Canada v J.D. Irving Ltd., the plaintiff (the federal government) sought action against the defendants (the barge's owners and charterers) based on the statutory liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
of an "owner" under subsection 677(1) of the Canada Shipping Act, as well as on the tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s of negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
and nuisance
Nuisance
Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F...
. The defendants centred their defence on whether the action by the government was time barred and whether legislation created after the sinking of the Irving Whale could be applied retroactively. The case was heard on 9-10 December 1998 in Montreal. The decision was released on 21 December 1998 in favour of the defendants.
The federal government filed an appeal in the Federal Court of Appeal in 1999 that was heard on 2 May 2000. The appeal was rejected.
On 17 July 2000, the federal government announced that it had reached a $5 million out-of-court settlement with J.D. Irving Ltd. to recover costs incurred in the salvage of the Irving Whale. The settlement respected the "Polluter Pays Principle" which was the government's position since 1995. The $5 million is in addition to the $4 million that J.D. Irving Ltd. contributed during the recovery and clean-up of the Irving Whale.