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crew a quick description of how they should proceed. The captain should report the spill by the quickest means possible, whether via radio or telephone. The plan should include a contact list that the captain can use to report the incident. Under most circumstances, the list should include contacting the company?s operation center, the dock/terminal operator where the vessel is working, and the state and federal authorities. The report should include the location of the spill, characteristics of the oil spilled, disposition of the vessel and its cargo, the movement of the slick and the type of assistance required. This section of the plan should include a listing of all of the government agencies and designated response companies that should be contacted in the case of an emergency. These agencies could include entities such as the United States Coast Guard, MMS, the adjoining state?s Oil Spill Response Of ce, the adjacent state?s Department of Environmental Quality, the State Police Hazardous Material Unit, and the State Police Emergency Response Unit. Speci c numbers for each state that your vessel operates in should be included as part of the plan. CONTROL & MITIGATE THE SPILL Once the incident is properly reported, the crew should immediately take action to control the discharge. These requirements include both navigational and seamanship measures. Navigational measures could include determining whether the vessel should alter course, position, speed, change the list and/or trim, anchor, etc. Seamanship measures could include implementation of measures to prevent additional discharge, determination of the seaworthiness of the vessel, the need to ballast or de-ballast, transfer of cargo, leak sealing, re ghting, etc. The plan should also provide the procedures for dealing with speci c events that may cause a spill. Such events can include the transfer of fuel while fueling the vessel, the transfer of material from the vessel to another vessel or platform, leakage from equipment on deck such as winches, pumps, etc. or the leakage of material caused by a vessel casualty. As one would expect, the crew?s response to each of these particular events would be much different. A response to a vessel grounding causing fuel to leak from a tank would be very different from the leaking of uid from a winch located on deck. Providing a simple checklist provides the crew with a listing of the tasks that need to be completed to minimize the chance of a spill. Once a spill is reported, there is a urry of activity from the company, spill response companies, the Coast Guard, and other state and local authorities. The ef cient coordination between the vessel and the authorities is a vital element in mitigating the effects of a spill. Furthermore, the plan should designate which member of the crew is responsible for documenting the incident by maintaining logs, diaries, etc. detailing the incident, the reporting of the incident, the response to the incident and the cleanup of the incident. As the captain is usually very busy during an emergency incident, it may be wise to designate a mate or other similar of cer for this task. TRAINING ? AND PUBLIC RELATIONS , TOO Additional areas of the plan could include a section on how to deal with the public relations aspect of the spill. As such, the plan should detail which company representatives are authorized to issue statements or give information to any of the entities that may request information that are not included in the plan. For example, ship board personnel need to be authorized to provide information to MMS, Coast Guard, State Police, etc. However, these employees should not be authorized to provide information to local media, environmental groups, etc. The plan should designate which company representative is responsible for providing information to these other entities. As with all safety and environmental plans, employee training is critical. Even the best response plan will be ineffective if the crew is not well versed in its contents when an incident occurs.Although no one wants a spill to occur, they are an inherent hazard while working offshore. An effective response plan is the key to the ef cient management of such a spill and its aftermath. Considering the public relations and government pressures that bear down upon operators in the event of a spill, the long term viability of your company may be contingent upon how you respond. Mr. DeMarcay is a partner in the law rm of Fowler Rodriguez Valdes-Fauli. His areas of practice include Commercial Litigation, Admiralty, Personal Injury, Transportation, Real Estate, Construction and Corporate Law. Prior to attending law school, Mr. DeMarcay served on the Washington based legislative sta of Congressman Jimmy Hayes. On the WEB: www.frvf-law.com LEGAL30 MNNovember 2012MNNov2012 Layout 18-31.indd 30MNNov2012 Layout 18-31.indd 3010/26/2012 11:54:34 AM10/26/2012 11:54:34 AM
