An official of the Gulf Coast Mariners Association (GCMA) recently penned a letter that points out some potentially grave safety issues involving foreign mariners sailing on foreign-flag ships in ports along the U.S. Gulf Coast.Capt. Richard A. Block, secretary of the GCMA, wrote to the editor of WorkBoat Magazine in response to an earlier letter “complaining about foreign seamen working aboard foreign-flag vessels in Port Fourchon, La. and other ports along the U.S. Gulf Coast.” Block said he found it interesting to note that the original letter was sent from Portland, Maine, “which indicates how pervasive knowledge of foreign vessel activity in Port Fourchon has become.”
The rest of Block’s letter, dated July 26, follows:
“The letter complains about the use of foreign-flag vessels in our coastal waters in violation of the Jones Act. The Jones Act states that only certain U.S.-flag vessels have the right to engage in coastwise trade. Whether or not these foreign-flag vessels actually are engaging in coastwise trade is debatable. This is also a determination for U.S. Customs to make, not the U.S. Coast Guard.
“On the other hand, enforcement of U.S. citizenship requirements in the Outer Continental Shelf Lands Act (OCSLA) is a duty of the U.S. Coast Guard. It is a matter of speculation by some observers whether or not this enforcement is being done diligently, if at all.
“Could one or more of these foreign-flag vessels be in Port Fourchon for any purpose other than to perform some form of offshore oil-related activity on the U.S. outer continental shelf relative to an oil development-related activity? This is a legitimate question to ask after the attacks of September 11.
“We understand that the OCSLA mandates that only U.S. citizens be employed on the U.S. outer continental shelf in support of the mineral and oil industry. There are several very limited exceptions to these requirements for certain personnel: when U.S. citizens are not available, when foreign companies have the right to effectively control a vessel, or for certain temporary and intermittent personnel who are not crewmen. We believe that many officials in both the U.S. Coast Guard and the mineral and oil industry are completely unaware that these citizenship requirements (as defined in 33 CFR Part 141) apply to both fixed and floating production units, MODUs and other vessels that support the exploration, development and exploitation of the OCS oil and mineral resources.
“We understand that in light of the events of September 11, 2001 the Coast Guard has taken significant steps and Congress has provided funds to protect many of the nation’s ports and waterways from terrorist attacks. Notably, no funds were provided to protect Port Fourchon and its vulnerable access route! However, the Coast Guard’s October 4, 2001 temporary final rule lengthening the usual advance notification arrival from 24 to 96 hours for certain vessels bound for United States ports is a welcome effort. This rule properly exempts U.S.-flag vessels that carry passengers and supplies in support of the OCS mineral and oil industry. Could it be that the U.S. Coast Guard is not requiring foreign-flag vessels performing similar duties to give 96 hours advance notice of their arrival at U.S. ports? These vessels are clearly not a part of the coastwise exemptions granted in the temporary regulation.
“These foreign vessels in the Gulf of Mexico include derrick barges, seismic vessels, dive support vessels, MODUs and others which routinely perform important industrial tasks on the outer continental shelf. These vessels, in and of themselves, are not necessarily a security concern. However, since they may generally be considered exempt from the notice of arrival requirements, they could potentially offer opportunities for vessels not legitimately performing OCS activities to claim to be doing so, and enter our ports without scrutiny or notice. Clearly, this is not an acceptable situation.
“Does the U.S. Coast Guard really believe that Osama bin Laden and his al Qaeda organization do not own, operate and crew vessels, and that they are not aware of what typically occurs at oil industry staging ports? Oil exploration and drilling-related activities are well known in the Middle East
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“We recognize that these are challenging issues that require the focus of resources and attention to detail.
“If, as a nation, maritime security is a real issue of concern, then the U.S. Coast Guard should be concerned about foreign vessel activities in Port Fourchon, as well as other oil staging ports along the Gulf Coast and, in fact, nationwide. We understand that there may be cases where foreign vessels departing West Coast ports deliver supplies and cargo to American drilling rigs.
“It would seem that the present situation presents an ideal opportunity to the U.S. Coast Guard to both perform what may turn out to be critical national defense port security functions with respect to these vessels, as well as ensuring that U.S. citizens are performing OCS activities as required by law. Jobs of American mariners are clearly at stake.
“We understand that any foreign vessel engaged in an OCS activity should either be manned entirely by U.S. citizens, or the vessel must have letters from the U.S. Coast Guard in Washington for crew exemptions to the law, or authorizing letters (also from the U.S. Coast Guard) approving a foreign right to effectively control’ the vessel.
“We have good reason to believe the offshore oil industry considers U.S. Coast Guard enforcement of certain federal law is a joke and privately hold them up to ridicule. Isn’t it time to get the job done?”
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