Anchored Danger: FSMC Inspections in China—Must Your Vessel Comply?

 🚢 Anchored Danger: FSMC Inspections in China—Must Your Vessel Comply?

❓ Did your vessel arrive just before the Flighted Spongy Moth Complex (FSMC) season?

❓ Can being anchored past 1st June trigger inspection requirements?

❓ Who pays if the ship is delivered to new owners during this time?

 

⚖️ Charter Party Clause Breakdown: When Timing Meets Biosecurity

Under many charter parties, a standard FSMC clause requires that if the vessel calls at a high-risk port during the flight season, the Charterers must arrange for and bear the cost of an FSMC inspection before departure.

However, the clause’s real-world complexity becomes evident in cases like this:

📍 Scenario:

• Port: China (FSMC High-Risk Area)
• Arrival: 30 May 2025
• FSMC Flight Season: 1 June – 30 September
• Anchorage Duration: 30 May – 4 June 2025
• Delivery to New Owners: 4 June 2025

🧠 Implications:

Even though the vessel arrived before the flight season, it remained in Chinese port limits during the active season, which means:

• It is deemed exposed to FSMC.
• FSMC certification will likely be required before sailing.

🚫 Common Pitfalls:

• Owners mistakenly believe that arriving before the season exempts the vessel.
• No clarity in MoA on who pays for inspection if delivery occurs during the risk window.
• Agents aren’t informed early, delaying certification and risking vessel departure clearance.

 

🔍 Who Conducts the Inspection?

China’s CIQ (China Inspection and Quarantine) or a similarly recognized authority will inspect and, if no FSMC signs are found, issue:

• A Phytosanitary Certificate, or
• A Certificate of Freedom from FSMC.

 

💡 Real Case Insight:

We recently reviewed a case where a Kamsarmax bulk carrier was anchored at a northern Chinese port over the 1 June FSMC start date. CIQ treated the ship as within the risk zone and mandated an inspection before allowing her departure—even though she arrived pre-season.

 

💰 Who Pays?

Responsibility depends on:

• MoA terms: If delivery is during FSMC season, it must be clearly stated who pays—buyer or seller.
• Charter party terms: If Charterers ordered the vessel to a high-risk port during the flight season, they may be liable for the inspection and any delay costs.

 

🧭 Actionable Steps for Operators & Managers

1. Clarify Responsibility
   Review the MoA and Charter Party for FSMC clause—define who bears the cost and responsibility.
2. Alert Your Agent Early
   Ask your local Chinese port agent to coordinate FSMC inspection well before 4 June departure.
3. Crew Self-Inspection
   Ask crew to:
• Inspect floodlights, bridge wings, hatch coamings, mooring lines, etc.
• Document findings in the deck log.
• Scrape off and destroy any FSMC eggs—do not paint over or wash them overboard.
4. Document Everything
   Retain evidence of all inspections—photos, deck log entries, CIQ communication.

 

🧾 Summary Table

Question	Answer
Was the vessel in Chinese port during FSMC season?	✅ Yes (1–4 June 2025)
Is FSMC inspection needed?	✅ Yes, before departure
Who conducts inspection?	✅ Local CIQ authorities
Who pays?	⚠️ Depends on MoA / C/P terms
What if inspection isn’t done?	❌ Departure delays, quarantine issues

 

✅ Conclusion

Don't let a tiny pest cause a big delay.
FSMC inspections are non-negotiable during flight season in high-risk regions. Whether you’re an owner, manager, or charterer, early action and clear clauses are your best protection.

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⚠️ Disclaimer:

This blog post is for general guidance and informational purposes only. Always consult your local agents, P&I club, or legal counsel for specific compliance based on your trade route and national regulations.