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Part IV A Regional Response Team Decision-making Exercise
Pages 175-193

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From page 175...
... Proceedings of the Symposium on the Purposeful Jettison of Cargo PART IV: A REGIONAL RESPONSE TEAM DECISION-MAKING EXERCISE
From page 176...
... Department of Justice · Fred Burgess, representative of the P&T Club Captain Richard Fiske represents the United States Navy Supervisor of Salvage · Mick Leitz, salvage master · Nina Sankovitch, Natural Resources Defense Council (a public interest environmental organization) · Peter Bontadelli, state official · Jerry Gait, scientific support · Michael Ellis, marine surveyor · Mark Miller, Office of the National Response Corporation MR.
From page 177...
... ~ would alert my east coast salvage contractor. ~ would also alert the commander-in-chief, Atlantic Fleet, and see about getting tugs underway from Norfolk.
From page 178...
... After the storm, particularly if we are talking about a grounding event or a broken ship, we are looking for dispersion in the next two weeks. If the spill occurs over the next couple of weeks, we are not going to have that much dispersion because of the larger spill that would ensue.
From page 179...
... " MR. DEAN: ~ am saying one of the things the master should consider is notifying the Coast Guard and the on-scene coordinator and the local state coordinator.
From page 180...
... In this particular case ~ would recommend that he seriously consider jettisoning the vessel, in spite of the ambiguities under state law and in spite of the ambiguities under federal water pollution policy.
From page 181...
... ~ have to consider derry's data on dispersion, the relative sand beach, as opposed to an almost guarantee with 80,000 tons hitting and wiping out significant amounts of marsh, the almost certain washover with the larger volume. Considering these factors, ~ would say, "go for it," Jettison]
From page 182...
... Hopefully, we would be working in a quiet command center where we could ponder this grave situation and come up with a decision. ~ was very fortunate to be a flower on the wall to this Regional Response Team meeting.
From page 183...
... ME DEAN: ~ wall take an order under the Intervention Convention. CAPTAIN JENSEN: Then ~ would go to my boss, the district commander, and the Commandant via Admiral Henn and recommend that we jettison 2,000 tons.
From page 184...
... There would not be much time to accomplish the jettison before the helicopter evaluation order was given so the jettison order would have to e made very quickly.
From page 185...
... Hilly Lubin, who advises ship owners and operators on training and instruction of their masters, sent me the text of what he proposes to put in instructions to masters for his owners in some sort of bridge instructions or underway manual. ~ am going to read it and comment on it.
From page 186...
... ~ don't know how that is to be corrected, but ~ suggest, as others have suggested today, that it probably can only be done by something in writing, possibly legislation. ~ rather hurriedly drafted up the following, which ~ would like this group to consider: The federal on-scene coordinator, if there be one, or if there be none, any person in actual charge of a vessel which constitutes a substantial threat of a discharge of oil or hazardous substances, may cause jettison of such oil or hazardous substance, if he believes, reasonably and in good faith, that such jettison will prevent a discharge of greater amounts, or more serious consequences than the jettison itself.
From page 187...
... Peter Bontadelli said it may be a couple of years yet before we get the national plan Inch area plans to address these questions. Yet ship owners have to make those decisions under OPA 90's contingency planning requirements.
From page 188...
... If you were to do that and tie it in with changes to the National Contingency Plan that would put the President, the Coast Guard, into the position of being able to direct. Perhaps it might take care of some of the concern that people raised about my presentation this morning.
From page 189...
... One reason the decision-making processes are more complicated and why we may not want to vest this authority in masters any longer, is that they are playing with other people's money in a way that they have never played before because state laws may impose unlimited liability on the cargo owner for the decision of the master. That is something we didn't focus on in the scenario discussion because it was an east coast spill.
From page 190...
... MR. WITTE: There is nothing in the regulations that were written by the United States Coast Guard that emphasizes salvage, firefighting, or even lightering, not to mention jettison.
From page 191...
... Particularly with independent tanker owners, the likelihood is that the cargo interests, where it is an independent foreign-owned vessel, may have a lot more resources, a lot more ability to provide intelligent input than the independent tanker owner would. DAVID WOOD, MARINE TRANSPORT MANAGEMENT, INC.: ~ have two Quick points.
From page 192...
... Even in this scenario, that becomes a political issue. Until the political climate changes in this country, this discussion is academic because it wall never be agreed by the Coast Guard and no ship owner is going to go against what the Coast Guard is recommending in any given spill.
From page 193...
... Since then, we have talked about jettisoning. If, as the representative from the London Salvage Association said in his paper, the jettison business goes back to Biblical times or before, ~ submit that jettisoning was done by the ship's force itself.


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