To WSMC members:

You may have recently received a letter from the State of Washington Department of Ecology concerning the Neah Bay response tug requirements.  As you probably know, the State of Washington’s legislature enacted a new law requiring that all State approved oil spill response contingency plans include a provision for an emergency towing vessel to be stationed at Neah Bay on July 1, 2010.

I assure our members that WSMC is working to make arrangements for this on behalf of WSMC’s members and covered vessels.

WSMC is participating in an industry workgroup that has been considering how to best comply with this new Washington State law.

WSMC intends to make the required addition to its Washington State blanket Oil Spill Contingency Plan in accordance with the requirements of Washington law and the recommendation of the Neah Bay tug workgroup.

In order to pay for the cost of the emergency towing vessel, there will be an additional vessel assessment fee for all covered vessels passing in/out of the Strait of Juan de Fuca.  This fee will apply to all covered vessels (vessels covered by WSMC’s contingency plan and those vessels covered by other plan holders).  The amount of the assessment fee is not yet known.  It may be necessary to start collecting the fee in advance of the July 1, 2010 date for stationing the tug at Neah Bay in order to make certain that a suitable tug is selected and committed to the service prior to the deadline date.  All of this is being discussed by the Neah Bay Tug industry workgroup and will be determined after the tug search and contracting are complete.

WSMC will keep you informed of developments.  In the meantime, if you have specific questions, please contact me at 425.486.3501 or rogermowery@comcast.net.

Best regards,

Roger Mowery

Executive Director

Dear Washington State Maritime Cooperative (WSMC) Member or Prospective Member:

Thank you for your membership and participation in the Washington State Maritime Cooperative (WSMC) Blanket Oil Spill Response Plan Program.  During the past four years, since August 8, 2005, you have completed the WSMC Vessel Enrollment Agreement (s) for each of your WSMC covered vessels on an annual renewal basis.  This enrollment program will complete its fourth year on August 8, 2009.  WSMC Vessel Enrollment Agreements expire one year after the effective date of each Agreement.  Each owner, operator or authorized agent is reminded to renew and continue the vessel coverage by signing and submitting a new Vessel Enrollment Agreement form by the expiration date of your Agreement.  You can find the expiration date on your copy of the Vessel Enrollment Agreement or on the list of covered vessels on WSMC’s website.

COVERED VESSEL ENROLLMENT WITH WSMC

At the time of enrolling a vessel or renewing a vessel’s enrollment, please always use the latest WSMC Vessel Enrollment Agreement form that is available on WSMC’s website at www.WSMCOOP.org.

Please do not enroll your vessel with WSMC unless you know or expect that the vessel will be transiting Washington state waters.  Vessel Enrollment Agreements that do not become effective (effective date starts when the vessel first reports a transit or presence in WSMC covered waters) within 90 days of enrollment will be discarded.

Important:  Vessel agents are requested to notify their principals/clients of WSMC’s requirement to annually renew the Vessel Enrollment Agreements.  Please give this notice wide distribution to your client companies.

WSMC FIELD DOCUMENT AND NOTIFICATION PLACARD

Please ensure that the WSMC Field Document and a WSMC Notification Placard have been placed aboard each covered vessel.  Both the WSMC Field Document and Notification Placard can be downloaded form the WSMC website.  The preferred, laminated and printed on bright green paper, version of the WSMC Notification Placard may be obtained from WSMC.

NOTE:  Washington Department of Ecology (WA ECY) field inspectors may board your vessel and hold a notification drill at any time while your vessel is in Washington state waters.  WA ECY requires that the WSMC Field Document (and Notification Placard) be readily accessible to the crew, otherwise WA ECY may levy a civil penalty against the vessel.  WSMC recommends that for ease of accessibility, for those vessels that also have US Coast Guard federal plans, the WSMC Field Document be placed inside the front cover of the vessel’s Federal Vessel Response Plan for easy access by the vessel’s crew.  The WSMC Notification Placard should be posted in a prominent location, such as a bulletin Board, on the navigation bridge.  WA ECY and WSMC also recommend that WSMC’s contact information be added to each vessel’s Federal Response Plan and that WSMC be identified as an organization to notify immediately in the state of Washington for oil spills or threatened oil spills.

NOTIFICATION IN THE EVENT OF A SPILL OR POTENTIAL SPILL

In the event of a spill or threatened oil spill in or near Washington waters, it is very important that your vessel crew call WSMC immediately.  This call should not be delayed by relaying it through the home office, ship agent, or Qualified Individual.  PLEASE REVIEW BELOW WSMC’s SPILL RESPONSE POLICY AND MEMBER’S RESPONSIBILITY.

WSMC’s NEW OIL SPILL RESPONSE CONTINGENCY PLAN

WSMC has received a “conditional approval” status on its new oil spill response contingency plan from WA ECY.  This new plan was required in order to meet new rules and planning standards adopted by WA ECY.   WSMC is continuing to work to address WA ECY’s comments received on the first submittal of its Plan.  At this time, WSMC cannot be certain what the final costs will be of any new equipment required by WA ECY to meet the new standards and how that might impact WSMC’s rate structure until we receive the final results of the WA ECY’s plan review and enter into the implementation stage with WA ECY.  

NO ASSESSMENT FEE INCREASES FOR NOW

WSMC does not intend to raise its assessment rates in 2009.   Due to the economic crisis, WSMC will make every attempt to go as long as possible without increasing assessments to its members.

US – CANADA RECIPROCITY ON VESSEL OIL SPILL RESPONSE COVERAGE

WSMC and Burrard Clean cooperation and reciprocity for oil spill response coverage has been in effect since November 3, 1998.  At that time, the interim arrangement of reciprocity for oil spill contingency response coverage between WSMC and Burrard Clean Operations, a division of Western Canada Marine Response Corporation (WCMRC) was signed.  It has been extended each year since then.   This arrangement applies to US outbound WSMC covered vessels while transiting Canadian waters (cargo and passenger vessels 400 gross tons and over and tank vessels 150 gross tons and over) and Canadian bound vessels while transiting US waters (cargo and passenger vessels 300 gross tons and over and all tank vessels).

While transiting the Strait of Juan de Fuca, vessel owner/operators/agents desiring coverage by both WSMC and WCMRC oil spill response contingency regimes need to pay a fee to only one of these organizations.  That means that vessels bound for Canada will receive free coverage from WSMC while transiting in US waters and vessels departing US ports will receive free coverage from WCMRC while transiting Canadian waters on their outbound voyage.

Note:  This arrangement does not apply to vessels which call at both US and Canada ports (or transit internal Canadian waters).  These vessels must be covered for the appropriate fees with both WCMRC and WSMC (or other qualified organization) in order to comply with Canada and Washington state law.

The need for this reciprocal arrangement derives from requirements of the Canada Shipping Act and Washington law. Washington state law requires that prior to entering Washington State waters, commercial passenger, cargo and fishery vessels of 300 gross tons or more and all tank vessels and tank barges have a state-approved oil spill response plan and an emergency response system available in the event of an oil spill.  Canadian law requires commercial vessels of 400 gross tons and over and tankers of 150 gross tons and over to be registered with a response organization approved under Canadian law.  Therefore, it is possible for vessels to satisfy these requirements by paying a single fee.

By this arrangement, US outbound ships covered by WSMC can be registered for no fee with the Chamber of Shipping of British Columbia to receive the response contingency coverage required under Canadian Law.  IMPORTANT:  In order to qualify for no fee coverage by WCMRC, WSMC Member vessel owners and operators, or their authorized agent, must register annually through the Chamber of Shipping.  Such no fee coverage is not automatic and must be renewed yearly.  Vessels owners/operators/agents will be responsible for registering vessels directly with the Chamber.  Registration forms:  The complete registration forms may be obtained by downloading from the WSMC website, www.WSMCOOP.org or the Chamber of Shipping website, www.cosbc.ca, or by contacting the Chamber of shipping of British Columbia at (604) 681-2351.

WASHINGTON STATE MARITIME COOPERATIVE’ S (WSMC’s) SPILL RESPONSE POLICY AND MEMBER’S RESPONSIBILITY

·        Under Washington state law, it is the responsibility of the spiller to follow its state approved oil spill contingency plan.  Unless an enrolled Member of WSMC has a different prior agreement with the state, state law requires you to follow your enrollment agreement to use the WSMC oil spill contingency plan. 

·        In the event of an oil spill or potential spill, call WSMC immediately in accordance with the WSMC Field Document and Notification Placard that should be aboard and in the pilot house of each of your vessels.  Your crews should be trained in the use of the WSMC Field Document and Notification Placard.

·        View the WSMC video.   WSMC has a video available to you.  If you do not yet have a copy of our video or DVD, please advise us, and we will send you as many as you need.

·        Upon WSMC’s receipt of notice of a spill or potential spill, or receipt of other notification from any source of a Member Spill, WSMC’s Incident Commander will be notified and shall, without further approval of the Member, arrange for provision of appropriate spill response management and cleanup services, in accordance with WSMC’s oil spill response contingency plan.

·        The member is responsible for the cost of management and cleanup operations. WSMC costs that are the Member’s responsibility include, but are not limited to, charges for WSMC’s Incident Commander and other personnel, Marine Exchange communication charges, and response contractor costs.

·        A fast response may save you money and minimize environmental damage.  WSMC will strive to take the appropriate actions quickly on behalf of the Member to minimize environmental damage.  WSMC’s Incident Commander is experienced in oil spill cleanup and will evaluate the spill and necessary cleanup actions. 

·        If the incident commander determines through reliable sources at the sight of the spill that the necessary actions are being taken to clean the spill or that the spill is not recoverable, he will not call in cleanup resources unnecessarily.  However, if there is any doubt, he will take the prudent course of action, and call in response resources.

·        The member is not always charged.  In the case where response resources are not called in by WSMC’s Incident Commander and it is not necessary for the Incident Commander to respond to the scene or a command center, the Member will not be charged for the Incident Commander’s time.  There may be Marine Exchange communications and administration costs charged to WSMC; however it has been the policy of WSMC to absorb these charges in most cases where a WSMC field response is not made.

·        In summary, it is of utmost importance, required by state law, and is in the Member’s best interests to call WSMC immediately in the event of, or threat of, a spill.  In addition to managing the appropriate and best response on behalf of the Member, WSMC may also assist, if requested, the Member in making all the notifications required under the law.

·        Thank you in advance for your participation in and support of this policy.  Please call WSMC’s Executive Director, Roger Mowery, at (425 486-3501) if you desire more information or have any questions.

A REMINDER OF ANNUAL WSMC VESSEL ENROLLMENT RENEWAL REQUIREMENT AND OTHER IMPORTANT INFORMATION

Dear Washington State Maritime Cooperative (WSMC) Member or Prospective Member:

Thank you for your membership and participation in the Washington State Maritime Cooperative (WSMC) Blanket Oil Spill Response Plan Program.  During the past three years, since August 8, 2005, you have completed the WSMC Vessel Enrollment Agreement (s) for each of your WSMC covered vessels on an annual renewal basis.  This enrollment program will complete its third year on August 8, 2008.  WSMC Vessel Enrollment Agreements expire one year after the effective date of each Agreement.  Each owner, operator or authorized agent is reminded to renew and continue the vessel coverage by signing and submitting a new Vessel Enrollment Agreement form by the expiration date of your Agreement.  You can find the expiration date on your copy of the Vessel Enrollment Agreement or on the list of covered vessels on WSMC’s website.

At the time of enrolling a vessel or renewing a vessel’s enrollment, please always use the latest WSMC Vessel Enrollment Agreement form that is available on WSMC’s website at www.WSMCOOP.org.

Please do not enroll your vessel with WSMC unless you know or expect that the vessel will be transiting Washington State waters.  Vessel Enrollment Agreements that do not become effective (effective date starts when the vessel reports a transit or presence in WSMC covered waters) within 90 days of enrollment will be discarded.

In order to simplify the process, effective August 1, 2008, the two versions of the forms (Tank Vessel and Non-Tank Vessel) are replaced by a single, updated form that will be used for all types of WSMC covered vessels.  The new enrollment form will be phased in over the next enrollment year (August 1, 2008 to August 1, 2009) as vessels renew their individual enrollments.

Important:  WSMC ship agent members are requested to notify their principals/clients of WSMC’s requirement to annually renew the Vessel Enrollment Agreements.  Please give this notice wide distribution to your client companies.

The WSMC Field Guide has been revised and is now called the WSMC Field Document.  A new WSMC Notification Placard has been revised and will be available August 1, 2008.  Please note that this new WSMC Notification Placard is a handy supplement to the WSMC Field Document.  The WSMC Notification Placard will contain contact information only.  The WSMC Field Document must be used for implementing other procedures and for information in the event of a spill or potential spill.  Both the WSMC Field Document and Notification Placard can be downloaded from the WSMC website.  The preferred, laminated and printed on bright green paper, version of the WSMC Notification Placard should be obtained from WSMC.

Important:  Please ensure that the new WSMC Field Document and new WSMC Notification Placard have been provided to each WSMC enrolled vessel.

Impact Uncertain with NEW WA ECY RULES ON EQUIPMENT STANDARDS

WSMC submitted its new oil spill response contingency plan to the Washington Department of Ecology (WA ECY).  This new submittal was required in order to meet new rules and planning standards adopted by WA ECY.  WSMC’s existing Oil Spill Contingency Plan will remain in effect until WA ECY accepts WSMC’s new plan.  The most significant portion of the new submittal is the proposal to meet WA ECY’s new equipment standards.  WSMC cannot be certain what the final costs will be of any new equipment required by WA ECY to meet the standards and how that might impact WSMC’s rate structure until we receive the results of the WA ECY’s plan review and enter into the implementation stage with WA ECY. 

Washington has changed its definition of oil for the WA ECY contingency plan requirements to now include biological oils and blends in addition to the petroleum based oils. Oil is now defined by Washington law as “oil of any kind that is liquid at atmospheric temperature [and pressure coming from the earth, including condensate and natural gasoline] and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil mixed with wastes other than dredged spoil.”   Due to this change in the definition of oil under Washington Rules, WSMC must now cover vessels, as tank vessels, that carry the non-petroleum oils.  Therefore, vessels carrying non-petroleum oils will be assessed WSMC transit fees as tank barges or tank ships, carrying oil.  This includes the tank vessels that call in Gray’s Harbor.

NOTE:  Washington Department of Ecology field inspectors may board your vessel and hold a notification drill at any time while your vessel is in Washington State waters.  WA ECY requires that the WSMC Field Document (and Notification Placard) be readily accessible to the crew, otherwise WA ECY may levy a civil penalty against the vessel.  WSMC recommends that for ease of accessibility, for those vessels with US Coast Guard federal plans, that the WSMC Field Document be placed inside the front cover of the vessel’s Federal Vessel Response Plan for easy access by the vessel’s crew.  The WSMC Notification Placard should be posted in a prominent location, such as a bulletin board, on the navigation bridge.  WA ECY and WSMC also recommend that WSMC’s contact information be added to each vessel’s Federal Response Plan and that WSMC be identified as an organization to notify immediately in the state of Washington for oil spills or threatened oil spills.

In the event of a spill or threatened oil spill in or near Washington waters, it is very important that your vessel crew call WSMC immediately.  This call should not be delayed by relaying it through the home office, ship agent, or Qualified Individual. 

PLEASE REVIEW WSMC’s SPILL RESPONSE POLICY AND MEMBER’S RESPONSIBILITY HERE.

The most up to date information, Vessel Enrollment Agreement form, and transit fee list will be found HERE on the website. 

Thank you for your participation and support.  Our cooperative works very hard to maintain the highest level of efficient and cost-effective service, preparedness and professionalism for our members.  General administrative questions may be addressed to the Marine Exchange of Puget Sound.  Also, if you desire a copy of an informational pamphlet, additional copies of the Field Document or Notification Placard, enrollment forms, WSMC’s Contingency Plan on CD, other published information, or the WSMC video (now on DVD), please call or contact Cynthia Reed at (206) 448-7557 or email at cynthia@marineexchangesea.com.

You may also contact our Executive Director, Roger Mowery at (425) 486-3501, or email at rogermowery@comcast.net, if you desire more information or have any questions. 

Very truly yours,           

Roger D. Mowery
Executive Director

WSMC is replacing its FIELD GUIDE and PLACARD with a new FIELD DOCUMENT. The new FIELD DOCUMENT meets the recently revised rules of the Washington Department of Ecology (WA ECY). The new three page document is compact and easier to distribute.

The new FIELD DOCUMENT is attached. Please print in color for placement aboard all WSMC covered vessels. The new FIELD DOCUMENT is also available for download and printing from WSMC’s website (www.WSMCOOP.org). You may also order copies of the FIELD DOCUMENT from WSMC.

Important: WSMC ship agent members are requested to notify their principals/clients of WSMC’s new FIELD DOCUMENT. Please give this notice wide distribution to your client companies.

Other news: WSMC submitted its new oil spill response contingency plan to meet the October 26, 2007 deadline established by the WA ECY. This new plan was required in order to meet new rules and planning standards adopted in 2007 by WA ECY. WSMC and WA ECY then discussed refinement of certain portions of the plan and WSMC was granted an extension to April 15, 2008 to submit a new plan to WA ECY. WSMC has submitted its Contingency Plan, early this week, for review by WA ECY, which will now start its agency’s plan review process, including a 30-day period for public review and comment.

WSMC’s existing Oil Spill Contingency Plan will remain in effect until WA ECY accepts WSMC’s new plan (which will likely be a "conditional approval" that is typically granted during the plan review period). The most significant changes to the new plan are the proposals to meet WA ECY’s new and more extensive equipment standards. WSMC cannot be certain what the final costs will be of any additional equipment required to meet the standards imposed by WA ECY and how that might impact WSMC’s rate structure until the plan review process is completed by WA ECY.

Also, in order to meet the new Washington regulations and requirements, WSMC has prepared a revised Vessel Enrollment Agreement (VEA). The new WSMC VEA will consist of a single form that will replace the two separate forms that are currently used for tankers and non-tankers. The new VEA is expected to be implemented by mid 2008 and will be phased in over the subsequent enrollment year. WSMC will later provide the details of implementing the new VEA.

Thank you for your participation and support. Our cooperative works very hard to maintain the highest level of efficient and cost-effective service, preparedness and professionalism for our members. General administrative questions may be addressed to WSMC at the Marine Exchange of Puget Sound. Also, if you desire a copy of an informational pamphlet, copies of the FIELD DOCUMENT, enrollment forms, WSMC’s Contingency Plan on CD, other published information, or the WSMC video (now on DVD), please call or contact Cynthia Reed at (206)448-7557 or email at cynthia@marineexchangesea.com.

You may also contact our Executive Director, Roger Mowery at (425) 486-3501, or email at rogermowery@comcast.net, if you desire more information or have any questions.

Very truly yours,
Roger D. Mowery

It has been brought to our attention that WSMC Members have been notified by the US Coast Guard that they should not list WSMC as an oil Spill removal organization (OSRO) in their tank vessel and non-tank vessel federal response plans, since WSMC is not an approved OSRO for the federal plans.

After discussion with Mr. E. Montijo, Manager, Vessel Response Plan Review, at US Coast Guard Headquarters, WSMC recommends the following:

For the federal vessel (tank or non-tank) response plan coverage, if you are a current WSMC member, you may list your OSRO as “WSMC/NRC.”  You should include the following explanation:

“As an enrolled vessel with the Washington State Maritime Cooperative (WSMC), the vessel covered by this vessel response plan is contracted with National Response Corporation within Washington State Waters (except for the Columbia River System).”

Please use the below “WSMC’S SPILL RESPONSE POLICY AND MEMBER’S RESPONSIBILITY” as a quick reference and information sheet to be distributed to your principals and vessel crews.  This document may also be downloaded under Files & Documents

The Washington State Maritime Cooperative (WSMC) has been in operation since July 1, 1995.  Since that time we have assisted Members with many small spills as well as a few larger more significant spills.  We have been successful in calling in an appropriate quick response in all cases when prompt notification was provided to WSMC.  There have been several cases where a delayed or no notification has been made to WSMC.  These were minor spills and there was no significant consequence to the environment, but State authorities investigated several cases.  In any oil spill, large or small, or just a threat of a spill, a spiller may be penalized if the required notification procedures are not followed.  Under Washington State law, it is the responsibility of the spiller to follow its State approved oil spill contingency plan.  Unless an enrolled Member of WSMC has a different prior agreement with the State, State law requires you to follow your enrollment agreement to use the WSMC oil spill contingency plan.  For you, that means to call WSMC immediately in accordance with the WSMC Field Guide and Placard that should be aboard and in the pilot house of each of your vessels.  Your crews should be trained in the use of the Field Guide and Placard.  For that purpose, WSMC has a video available to you.  If you do not yet have a copy of our video, please advise us, and we will be happy to send you as many as you need.

In accordance with WSMC’s Bylaws and your enrollment agreement, in the event of an enrolled Member Spill or potential spill within the area of interest (generally Washington State waters except for the Columbia River system), the Member is required to promptly notify WSMC of the location and known nature and size of the spill.  Upon WSMC’s receipt of notice of a Member Spill, WSMC’s incident commander will be notified and shall, without further approval of the Member, arrange for provision of appropriate spill response management and cleanup services, in accordance with WSMC’s oil spill response contingency plan.

The Member is responsible for the cost of management and cleanup operations. WSMC costs that are the Member’s responsibility include, but are not limited to, charges for WSMC’s Incident Commander and other personnel, Marine Exchange communication charges, and response contractor costs.

WSMC strives to take the appropriate actions on behalf of the Member to minimize environmental damage.  WSMC’s Incident Commander is experienced in oil spill cleanup and will evaluate the spill and necessary cleanup actions.  If the Incident Commander determines through reliable sources at the sight of the spill that the necessary actions are already being taken to clean the spill or that the spill is not recoverable, he will not call in cleanup resources unnecessarily.  However, if there is any doubt, he will take the prudent course of action, and call in response resources.

In the case where response resources are not called in by WSMC’s Incident Commander and it is not necessary for the Incident Commander to respond to the scene or a command center, the Member will not be charged for the Incident Commander’s time.  There may be Marine Exchange communications and administration costs charged to WSMC; however it has been the policy of WSMC to absorb these charges in most cases where a WSMC field response is not made.

In summary, it is of utmost importance, required by state law, and to the Member’s best interests to call WSMC immediately in the event of a spill.  In addition to mobilizing the appropriate and best response on behalf of the Member, WSMC also assists the Member in making all the notifications required under the law.  

Thank you in advance for your participation in and support of this policy.  Please call me (425 486-3501) if you desire more information or have any questions.

You may have recently heard that The O'Brien's Group, a plan writing consultant and spill management company, announced their intentions to submit spill plans to the Washington State Department of Ecology (DOE) for their non-tank vessel clients operating in the State of Washington, indicating that once a company’s plan was approved, it would no longer be necessary to belong to WSMC.  While this may be true, there is much to consider prior to choosing this approach.  The purpose of this update is to share the salient facts, as we know them today, in an effort to provide the best service possible to our membership. 

First, it’s important to acknowledge that The O’Brien’s Group is not alone in its efforts to seek clarity regarding Washington State's planning standards.  Prompted by the new federal non-tank vessel response plan requirements, other companies are also naturally expressing interest in, and asking questions about, how they might efficiently and effectively satisfy both State and Federal response standards.  This represents somewhat of a challenge given the number of recent and pending changes, including the fact that both DOE and the Coast Guard are in the process of writing/modifying their contingency plan rules and requirements.

Department of Ecology Meeting:  In an effort to be accurately informed, representatives of the WSMC Board recently met with Dale Jensen, DOE Spill Program Manager, and Linda Pilkey-Jarvis, DOE Preparedness Supervisor.  In this meeting, we learned that:

·         The O’Brien’s Group has indeed expressed its intentions to submit plans for its clients to DOE for review and approval.  If the first plan were to gain approval, then each vessel owner/operator using O’Brien’s format could, in turn, tailor a plan to include their unique operations, vessel(s) particulars, and primary response contractor(s), and submit their company plan to the State. 

·         No plans have yet been submitted by non-tank vessel owner/operators or by spill management teams for approval.

·         While DOE cannot comment on the approval process of new plans, they pointed out that all plan holders must have direct and guaranteed contracts with the primary response contractors that satisfy the state rules and standards.

·         If a company chooses to be a plan holder with the State of Washington, then an associated exercise and drill program will have to be implemented and the amount of exercise credit plan holders will receive from DOE will be commensurate with the scope of the exercise and level of plan holder participation.

·         DOE agrees that recent changes to WSMC’s vessel enrollment method significantly strengthen both our organization and WSMC's contingency plan.

What WSMC does for its Members:  WSMC was established to provide an efficient and economic means for covered vessels to meet the unique pollution contingency plan laws and rules of Washington State. WSMC, as a “not-for-profit” corporation, maintains characteristics that derive certain benefits and provide significant value to its membership.  As members appropriately consider the approach they wish to pursue to satisfy regulatory mandates and their spill preparedness and response responsibilities, we believe that the following factors should be considered:

·         Only "not-for-profit" corporations such as WSMC can, by law, file a “blanket plan” in Washington.  Accordingly, a "for profit" company such as The O’Brien’s Group could submit a plan on behalf of the owner/operator, but it would not be a blanket plan holder.  The advantages of a “not-for-profit” corporation (WSMC) and associated blanket plan include:

~         The WSMC industry membership has better opportunity over time to control its own costs of pollution contingency planning.

~         The WSMC blanket plan allows for short notice decisions for vessels to enter the state waters and for local business to compete for the short-time spot charters.  Absent the blanket plan, operators would be subject to the DOE's 65 day minimum advance plan review process for vessels entering the state.

~         WSMC provides a State-approved contingency plan, local spill response resources, local spill management team, and the required 3-year cycle exercise and deployment drill programs, all in one package and for all its members.

~         WSMC covers vessels going to Gray's Harbor.  Without WSMC, Gray’s Harbor will need to find another way to keep response equipment in place.

~         The WSMC reciprocal arrangement with Canadian responders for the Strait of Juan de Fuca saves our members the costs of registering for coverage while transiting Canadian waters.

·         The WSMC system provides an immediate response for member vessels involved in commerce in Washington waters, should a discharge of oil occur.  In the event of an oil spill or threatened spill, the response may include, but is not limited to, response vessel(s), boom equipment, skimmers, qualified incident commander, incident command system, command post, response personnel, and wildlife care centers.

·         WSMC Incident Commanders are on standby to immediately represent the responsible party in the event of a spill, are not affiliated with spill contractors or other cooperatives hired to mitigate the spill, and can take all reasonable and appropriate actions available and possible to minimize the spill impact from the outset in order to prevent further harm to the environment and save added costs associated with unnecessary spreading. 

·         The WSMC Incident Command System will be staffed with WSMC employees, contracted consultants, directors/ members, and primary response contractor employees.  WSMC has over 60 local and Washington based personnel that are designated for staffing its incident command staff.

·         WSMC has an intrinsic value to the maritime community in Puget Sound, providing timely response to all spills, resulting in saved clean-up costs and reduced environmental damage, plus potential cost avoidance by preventing additional regulations subsequent to an ineffective spill response.

·         The WSMC model of in-state on call response management meets, or exceeds, the expectation of DOE, and may prove to be in the best interest of covered vessel operators given the high expectation of Washington State in response to a spill incident.

In Conclusion:  It is important for WSMC members to understand that if the plan writers and spill management contractor(s) are successful in obtaining State-approved plans on behalf of their clients, there will necessarily be an impact on WSMC and how contingency planning is done in Washington State.  The WSMC Board is doing its best to monitor the ongoing issues and will continue to thoroughly consider the options available while keeping our member’s interests at the forefront.   All WSMC members are cautioned not to cancel membership in the cooperative until they have an approved vessel specific contingency plan in hand.