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ating. Also, in connection with their role in the Incident Command System (ICS), salvors selected by ship owners are required to participate in spill drills? required by the National Preparedness for Response Exercise Program (PREP Drills) as mandated by OPA 90. NEWROLE, NEWRISKSGone are the days described by Noel Mostert in his 1974 Book-of-the-Month Club selection, SUPERSHIP, when ships routinely pumped oily ballast water, bilge water, and cargo tank wash water and sludge over the side into our oceans, amounting to thousands of tons of dif-ferent varieties of oil every year from each of the largest tankers. Gone, too, are the days when salvors may rou- tinely (or ever?) jettison petroleum bunkers or cargoes in order to lighten and refloat a stranded oil tanker or other vessel. However, the days of ship casualties resulting in threatened or actual oil spills are not gone. There remains a need for responders in these situations, and a special need for the salvors that have taken on the additional responsibility for prevention and/or mitigation of pollu- tion, and have taken that role as their second priority after the saving of human life. Nor are the days gone when lawsuits are filed against responders who come on scene to help with a casualty, to prevent or minimize damage resulting from that casualty. Hence, the lawsuit styled Terry G. Robin, et al v. SEACOR MARINE, LLC, et al in which many Deepwater Horizon responders, some of whom were providing services in the nature of salvage, were named as defendants based on claims that their serv- ices were defective and caused damages and personal injury to affected residents of the impacted areas. It is far too early to assess the merits or predict the final outcome, after appeals, etc. of that case. It is not, however, too early to once again state the case for salvors responder immu- nity. The salvor, after all, comes on scene voluntarily to help the vessel owner with his problems, not to take responsibility for those problems. Responsibility should remain with the owner or other responsible party,? to whom the salvors liability, if any, should be channeled in the absence of the salvors proved gross negligence or will- ful misconduct. Salvors need this protection if they are to continue in this special role that has been thrust upon them, sometimes at the risk of their own livelihood. Jim Shirley is a Master Mariner, a former salvage master and retired maritime lawyer who specializes in maritime casual- ty and salvage matters. He now serves as legal counsel to the American Salvage Association and as Principal Consultant in JTS Marine LLC. Three Port Arthur Locations to Serve Your Needs In Port Arthur, Gulf Coppers facilities now include three fully operational yards, as well as corporate headquarters. Facilities provide dry-docking, fabrication, machining and more for offshore and inland tugs, towboats, barges and other types of commercial vessels and businesses that operate primarily on or near inland and coastal waterways. In addition to repairs, we can accommodate project staging and large-scale fabrications on the water for easy load-out and project decommissioning. Whatever your requirements, Gulf Copper has the people, experience and facilities to get your job done on time and on budget. To schedule a project call 281-599-8200 today or visit www.gulfcopper.com. MARINE | INDUSTRIAL | GOVERNMENT
