3. Statement of Sea Protest

Huston, 25^th March, 20 . ..

To the Notary Office,

Huston,USA.

STATEMENT OF SEA PROTEST

I,..........., Master of the m. v. Khudozhnik sailing under the flag of the Russian Federation, Gross Tonnage 15893, Net Tonnage 8092, registered at the port of Murmansk Call Sign: UUSW, on March 22, 20.. sailed from Jacksonville, FI., USA, bound for Houston, Tex., USA, with 4072 metric tons of general cargo, the vessel being then tight, staunch and strong, well manned, victualled and sound, and in every respect fit to perform the said intended voyage.

On March 22, 20.. at 11. 20 GMT, proceeding through the Houston Shipping Channel in condition of full readiness for passing narrows and with the pilot, Mr. J. Hawkins on board the ship collided with the Japanese m. v. Rose Maru near buoy R70.

The collision occurred under the following circumstances: I had been following the progress of the Rose Maru for about half an hour on my radar screen and saw that it was proceeding from the opposite direction at a speed of 10 knots and was gaining on a pusher tug pushing a barge at a speed of about 6 knots. My own speed was about 10 knots. I first sighted the oncoming pusher tug at 10.55 when I was abeam of Buoy R58. The distance between us was about 8 miles. Immediately after that, at 10.56 I heard the Rose Maru calling on VHF channel 16 " unknown pusher tug in position abeam buoy C81 proceeding seaward, speed 6 knots". After they established contact, the Rose Maru asked the tug "Beetle" to switch to channel 13. As the conversation was of no immediate

concern to me, I did not follow it further. At 11.05 I sighted the Rose Maru which had left her lane and was overtaking the tug "Beetle" proceeding in the wrong lane. The distance between us was 4 miles. The speed of Rose Maru, according to my SARP was 12. 5 knots, my speed was 10 knots. At 11.06 I reduced my speed to 6 knots and altered course to starboard to move to the starboard side of the channel in order to avoid a close quarter's situation. At 11.08 on VHF channel 16 I received request from the Rose Maru to reduce speed and to keep to the starboard side of the channel. I answered that I was already doing that.

At 11.11, seeing that a close quarter's situation was imminent, I gave the order for emergency full astern. But the headway of the both ships was too great and at 11. 20 they collided near Buoy R70 in position 39N 34.5 and 094W 55.8. Due to narrow channel and insufficient depths at the sides I could not effectively use the last moment manoeuvre and alter my course hard to starboard.

Though the crew has applied all available means to safeguard the vessel and the cargo, fearing damage to the cargo and the ship, and losses in connection with the above collision, I declare this Sea Protest, reserving the right to extend it at time and place convenient.

Witnesses to the Sea Protest:

1. B. N. Borisov, Second Mate

2. P. V. Bushmin, Bos'un

3. V. I. Kashura, A. S.

P. I. Ivanov

Master of the m/t "Elbrus”

(Ship's stamp)