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Sponsored by American Salvage Association |
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Selected Presentation Hot Links: The National Maritime Security Plan & Marine Casualty Response at the World Trade Center
Responder Immunity
Salvage and the Environment
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National Maritime Salvage On the anniversary of the Sept. 11th tragedy, the conference keynote speeches highlighted maritime security and the role of salvors in the World Trade Center Ground Zero cleanup. RADM Larry Hereth of the USCG spoke about the upcoming National Maritime Security Plan and George Wittich's discussion about salvage work at Ground Zero proves that salvors deserve to be an integral part of any maritime security plans.
While bells were clanging throughout the U.S. to mark the hour the attacks began, RADM Hereth spoke about the change in our security culture that continues to evolve. This summer the USCG published regulations mandated by the Marine Transportation Security Act of 2002. The main goal of the regulations will be to prevent any transportation security incident and to protect the maritime industry in the event of an attack. The regulations promulgated the National Maritime Security Plan.
Hereth pointed out that enacting the plan is vital. The750 billion dollar U.S. transportation industry spans 361 ports, 10,000 U.S. vessels, 5,000 facilities and millions of people potentially affected. The challenges to devise a Security Plan to defend this industry are many and enactment will not be easy or inexpensive.
According to Hereth, one of the critical challenges to be met will be balancing tight security while still ensuring the free flow of commerce. Hereth also noted that the wide diversity in port activity from tourist activities, to cruise lines, to container trade complicates security even more. He estimates the cost of the plan at about US$ 1.3 billion in the first year and another 7 billion in the next 10 years.
However, as Hereth pointed out, the potential costs of just one port incident would be devastating. In the short term, the loss of a major port such as Los Angeles for as little as one week would cost close to a billion dollars. In the long term, the heightened fear following a maritime security incident could lead to 100% inspection of every container, every cargo, every piece of luggage and daily inspections of stored cargo in the ports. The ripple effects of such an incredible slow down of port commerce would change the dynamics of our economy inexorably. Stories abound regarding the incredible works of rescue crews and the salvage
industry was among them. Immediately following the plane strikes, Weeks Marine tugs evacuated stranded commuters from the danger area. As rescue efforts intensified, they provided additional support services including
critical transportation for emergency personnel.
In the following months of the ground zero cleanup, 190,000 tons of steel were loaded, separated,
transported and sold to recyclers at a gain of $5,000,000. 1.5 million tons of debris was moved and disposed. 2,400 barges were loaded. 93,000 trucks were offloaded at an amazing rate of 1
truck/minute. 11 steel scows, 30 DOS scows, 3 support tugs and 14 other tugs owned by Weeks Marine provided marine support, in addition to cranes, dredging equipment and building equipment.
The entire effort had been projected to take two years, yet was completed in only eight months.
Wittich mentioned that Weeks Marine also designed and built a fully functional emergency ferry terminal in lower Manhattan. With the loss of train services, commuter ferry services were heavily burdened. Weeks Marine converted a 360' carfloat into a commuter ferry terminal and had it operational by 10/28.
The work performed by Weeks Marine and the entire ground zero cleanup crews was monumentally successful. However, Wittich points out that Weeks Marine's involvement highlights the vital role that salvors can play in future maritime security incidents.
Because of the nature of their work, Salvage companies already have critical skills established to deal in crisis situations. Salvors know how to work within the incident command structure and they have working relationships with many of the governmental crisis responders. Salvors have access to equipment and have the financial means to undertake a large scale project in a very short time. Salvors have key personnel experienced in dealing in the chaos that surrounds any marine incident. And salvors have the knowledge of the logistics required of the hub and spoke transportation system to maximize efficiency and speed.
For all these reasons, Wittich insists that salvors should be a functional part of the National Maritime Security Plan. Their participation and success at the Ground Zero Cleanup proves it.
Brief summaries of selected presentations are outlined below:
The National Maritime Security Plan & Marine Casualty Response at the World Trade Center (detailed above) George Wittich, SVP, Weeks Marine Inc.
State's Perspective According to Moore, the State of California does have a law protecting responders. When rendering care, assistance or advice in response to a spill incident, California state laws protect responders from civil and criminal liability.
Unfortunately, Moore notes that recently the law has been applied specifically to oil spill response
organizations or OSROS. It appears that the law may not apply to salvag
Moore says that salvor's options are to insist on "hold harmless" clause when negotiating the salvage contract although he admits this is not always easy to accomplish. Salvors are often responding to an emergency situation and will begin work base on promise and good faith. Moore suggested salvors try to engage in early discussions with owners to be officially listed as responders on Vessel Response Plans along with the OSRO.
Salvor's Perspective "The lack of responder immunity seriously hampers Salvor's ability to do the job properly," said van Rooij, Managing Director of one of the largest worldwide salvage companies. "Salvage is risky and salvors need to be allowed a free hand to respond without the worry of prosecution."
Van Rooij discussed concerns facing the salvage industry and he felt the lack of responder immunity is a major unresolved issue. "A salvor's job is to respond to a casualty to solve a problem. They did not create it and do not deserve to be prosecuted," he said.
Recent events, such as the jailing of the Master of the Prestige, make salvors even more concerned. In the case of the Sea Empress oil spill, the British government made promises to provide salvor immunity. After clean up operations were almost complete, a publicity minded ex-movie star Minister got involved and rejected the salvor's immunity.
Van Rooij felt that salvors can make a big contribution towards rapid response, but are becoming more and more dissuaded by the prospect of being held liable to governments looking for scapegoats. Salvors are left to protect themselves by negotiating contracts with "hold harmless" clauses. However, van Rooij noted that in a spill and emergency response incident, there is very little time to negotiate.
Environmentalist's Perspective Some may think that environmental groups and salvage companies seem strange allies. Lentz of Ocean Advocates is one who strongly supports the efforts of salvors in the fight to protect the environment. Lentz believes that prevention is the best way to stop marine spills and salvage is the key to prevention.
"The real value of salvage in spill prevention is often overlooked," said Lentz. It is the salvor's quick action in repairing damage and making cargo and bunkers safe that keeps an oil spill from becoming an environmental disaster.
Federal policymakers, according to Lentz, should take two major actions. The first is to create a standby salvage capability and readiness force. Relying on the "tug-of-opportunity" system is inadequate to meet emergency needs. She said the price of a standby salvage fleet greatly overweighs the costs that will incur from a major spill incident.
Second, Lentz felt there is a need for a National Salvage Policy. The policy must recognize the inherent value of salvors in protecting maritime security and protecting the marine environment. She called for USCG regulations that will certify and license professional salvage companies.
There are other marine environmental benefits provided by the salvage industry in addition to
emergency spill response. Lentz made particular note of salvor's value in removing wrecked vessels, sitting derelict, which have begun or are about to begin leaking hazardous materials. Recently
salvors pumped hazardous oils from a U.S. Navy tanker sunk during World War II in the South Pacific. The underwater clean-up of the USS Mississinewa is an excellent example of salvage working
to provide a direct benefit to the environment by saving an idyllic marine paradise.
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Conference – Day II – Sept. 11, 2003
The attack upon the World Trade Towers in 2001 was not a direct port incident, however the effect upon the port of NY/NJ was enormous. Wittich discussed the immediate emergency response and then detailed the work of
his and other salvage companies in helping complete the cleanup efforts in an amazingly short time.
e companies, although this
has not yet been tested in court. The problem in applying the law to salvors is that by the California law, immunity stops when the threat of an oil spill is over. Salvors would not be protected during
removal of a grounded wreck if the oil has been cleared from the vessel.
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This page last updated by Miller Associates: Tuesday, January 13, 2004 |
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