Evergreen invokes cost-sharing law as attempts to refloat ship fail

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Ever Forward
The 12,000-TEU Ever Forward remains stuck in 15-foot deep m,ud three weeks after sailing into the shallows of Chesapeake Bay on March 13. Photo from WUSA video footage on youtube.
  • Taiwan-based operator Evergreen declares general average to share with all stakeholders the cost of refloating the containership Ever Forward
  • General average is a principle of maritime law where all stakeholders in a sea venture proportionately share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency
  • Two attempts to free the vessel were made on March 29 and 30 but were unsuccessful
  • The ship has now been stuck in 15 feet of mud for three weeks after running aground in a depth of 24 feet, according to the US Coast Guard   

Evergreen Marine Corp. has declared general average on its vessel Ever Forward, which remain stuck on Chesapeake Bay after the 12,000-TEU container ship ran aground after leaving Baltimore on March 13.

General average is a principle of maritime law whereby all stakeholders in a sea venture proportionately share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.

“Evergreen Line has been making every effort to refloat the stranded ship on behalf of the common interests of cargo owners and the safety of all involved.  In light of the increasing costs arising from the continued attempts to refloat the vessel, Evergreen declared General Average today,” the Taiwanese group said in a statement on March 31.

Hong Kong-flagged Ever Forward, a container ship owned by Evergreen Marine (Hong Kong) Ltd., a subsidiary of Evergreen Marine Corp., was heading south to Norfolk, Virginia when ran aground before midnight of March 13.

“There were no reports of injuries or damage to the ship or its cargo and no indication of fuel leakage or pollution. The grounding occurred outside the shipping channel and the vessel has not been blocking navigation since,” Evergreen said.

The cause of the incident is under investigation by the competent authorities, the company said. The statement said Evergreen immediately activated its emergency response plan and appointed the salvor Donjon-Smit to conduct underwater inspections and design a refloating plan.

Reports said Ever Forward was carrying about 5,000 containers after it had loaded cargo in Baltimore for its voyage south to Norfolk.

Dredging around the stranded vessel to increase buoyancy began on March 20 and tugboats were deployed for the rescue operation, the company said. The rescue team made two unsuccessful attempts to refloat Ever Forward on March 29 and 30.

“Considering that the complexity of further rescue operations will require more manpower, equipment and costs to refloat the stranded vessel as soon as possible, Evergreen has for cautionary purposes declared General Average and nominated Richards Hogg Lindley as the GA adjuster,” the statement said.

“Evergreen Line urges all cargo interests involved, and joint venture slot users to provide security bonds and necessary documents according to the adjusting rules that govern GA in order to take delivery of cargo after the vessel is freed and arrives at its future ports of discharge,” it added.

The 1,095-foot ship Ever Forward has been stuck for nearly weeks. The two-year-old vessel apparently missed a turn in the channel and ploughed into the shallows, the US Coast Guard has said.

The Coast Guard said the ship has a draft of 42 feet but got stuck where the depth was 24 feet and its bottom is now buried in 15 feet of mud. A 500-yard safety zone was marked around the vessel to keep other ships from sailing close to it.

Ever Forward is a sister ship of Ever Given, which blocked the Suez Canal last year when it got stuck while navigating the man-made channel.