An abandoned fishing boat that is leaking oil at Faua Harbour on the Nuku'alofa waterfront, after sinking at its berth well over a week ago, is one of several that are a concern for harbour users, while authorities are writing letters trying to force the owner to remove it.

The owner, who was not identified by the Port Authority, had not replied to the notification, Matangi Tonga Online was told.

Several sunken boats have been tied up at the wharf, submerged for months. With Tonga's fishing industry in decline, some boat owners have decided it is cheaper to abandon their boats, rather than pay around $500 a day port fees for the berths.

The problem has confronted the Nuku'alofa Port Authority with the task of salvaging the boats, cleaning up the oil leaks and, hopefully, forcing the boat owners to pay for it, said Mosese Lavemai the CEO of the Nuku'alofa Port Authority.

Mosese said that the major problem has been a break down of communication between the boat owners and the Port Authority. He said that some of the boat owners had left for overseas, and those who are in Tonga were not responding.

He said if they are told to move their boats and refuse, that under the Shipping Act it is an offence for ship or boat owners to disobey the Port Authority.

Decline

The problem with abandoned fishing boats crowding up the Faua Harbour was predictable following a decline in Tonga's fishing industry.

Mosese said that some of the boat owners had moved their boats from the harbour and anchored them on reefs nearby, but he had also noticed that some of them had sunk out on the reefs.

Mosese said that in cases where the boat owners had left or refused to salvage their boats, the Port Authority could salvage the boats and then try to sell them to recover their expenses.

Increased fees

But some boat owners tell a different story. Coinciding with a big decline in Tonga's fishing industry when fishing boats have to be tied up in the harbour for a few days, the Port Authority had also increased their fees. Fishing boat owners said they cannot afford to pay the new fees, and some concluded that it was better to abandon the boat at Faua Harbour.

One fisherman said that the charge for a fishing vessel to be tied up at Faua for four days is about $2,000.

Another complained that the Port Authority had not been consistent with their decision-making, while blatantly allowing some ship and boat owners to continue to use the harbour, even though they owed a lot of money to the Port Authority, while they were being hard on others.

They believed that the Port Authority was in no hurry to remove the sunken boats that are continuing to leak oil.

Environmental damage

The environmental damage from the leaking oil and other pollutants into the harbour has not been assessed, and is unlikely to be, raising questions of whose responsibility the marine pollution is.

The Acting CEO of Environment, Lupe Matoto, told Matangi Tonga Online today that marine pollution comes under the transport legislation, under the Marine and Ports Department.

"We asked the same question," she said. The Environment Department was told to ring the Ports Authority today about the issue of the sunken boat.

Lupe believed that the last testing for oil in the harbour water was done about two years ago, after a similar incident, and at the time was within the Australian standard requirements.

"There is no budget for continued monitoring of the harbour water and all our resources are going to agricultural or economic projects," she said. Drinking water testing had to be done quarterly in Australia and was very expensive. "Donors seem to favour the drinking water tests, rather than the recreational areas."

Marine pollution

Kelela Tonga, the environment office at the Marine and Ports Department, said they had been notified of the sunken boat last week.

"At the moment the Ports Authoirty is responsible. We have provided booms for them to stop the leaking oil, and that was the first thing we did last week," she said.

Kelela believed that the booms were in place. "We are on standby in case the situation worsens, but there is an obligation for the owners to comply before further action can be taken."

Kelela said that the Marine and Ports Department was not able to test the harbour water for oil. "We are still looking for funds to provide the equipment," she said.

Shipping Act

'Ofa Finau the legal officer at the Ministry of Transport, said the Shipping Act was clear.

"The owners of boats have a responsibility to care for the boat at the berth and, obviously, they didn't do that," she said.

She confirmed that a letter had been distributed to the ship owner but she did not know how long the Ports Authority had allowed for compliance.

"The Ports Authority and the Minister will come in as receiver of the wreck if the ship owner is not compliant," 'Ofa said.