Cherry Point herring still near record lows, renewing concerns about Gateway Pacific terminal

•July 12, 2009 • Leave a Comment

Sunday, Jul. 12, 2009

JOHN STARK – THE BELLINGHAM HERALD
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The Cherry Point herring population showed no increase during the 2009 spawning season, meaning that the population remains near record low levels.

Herring are an important food source for salmon and seabirds, and the weakened state of the Cherry Point population has renewed environmental concerns about a proposed new development in the area: the Gateway Pacific bulk cargo terminal.

SSA Marine, the global shipping services company based in Seattle, has permits in hand to do some core drilling off the Cherry Point shoreline this summer, as part of preliminary engineering work that would be a first step toward eventual pier construction.

Kurt Stick is a Washington Department of Fish and Wildlife biologist who conducts annual studies to estimate how many herring spawn along Cherry Point and nearby shorelines. For 2009, his estimate was 1,341 tons, a bit below the 2008 estimate of 1,352 tons.

The 2009 total is also significantly less than the 2,169 tons estimated for 2007, when the herring seemed to be enjoying a modest rebound after several years of sharp declines.

Stick said there are lots of theories but no scientific data to explain why the fish are struggling. And as of now, there is no money for research at his cash-strapped state agency.

“We’re scrambling to just keep our basic stock assessment going and estimate what is out there,” Stick said.

In the mid-1970s, the Cherry Point herring population was estimated at 15,000 tons, and for a few years the population of herring seemed robust enough to support a few jobs in the fishing and seafood processing industries. Spawning fish were netted for their eggs, which were exported to Japan. But state officials shut down the fishery in the early 1980s when it became evident that the fish were in trouble.

Wendy Steffensen, North Sound Baykeeper with RE Sources for Sustainable Communities, acknowledged that there is no way of knowing what’s wrong with Cherry Point herring, but she thinks it is likely that human activity is a factor. She noted that the coastline where the herring spawn is home to the BP and ConocoPhillips oil refineries, as well as the Alcoa Intalco Works aluminum smelter, and all three have discharge permits allowing them to release small quantities of pollutants into the Strait of Georgia.

In the past, industry spokesmen have noted that the fish are still spawning around their docks but have abandoned other areas. They also contend that a subdivision of homes and streets in the area discharges more pollution than the industries do.

Steffensen said she would prefer to see laboratory studies done to demonstrate that industrial discharges are not hurting the herring. She would also prefer not to see any new industrial activity at Cherry Point, but she noted that Gateway Pacific’s developers have already made a legally binding deal with environmental groups and regulatory agencies that mostly clears the way for the project.

“The best deal for the herring is not to have another pier built, but that’s not likely,” Steffensen said. “We need the best deal for the herring that we can get.”

As of now, Steffensen said, Gateway Pacific developers are committed to take steps to minimize the impact of a new pier’s operations, and she and other environmental groups would oppose any effort to water down those protections for the sake of economic development.

Bob Watters, an SSA vice president, said the company expects to complete the geotechnical drilling work this summer, but there is no timeline yet for actual construction and operation of a new Cherry Point pier. The pier has been envisioned since 1990, according to information on the company’s Web site.

As recently as 2008, the Gateway Pacific pier was under consideration as a possible site for export of Canadian potash, but that idea apparently was dropped after potash firms made a deal with the port in Prince Rupert, B.C.

As of now, no potential cargo for a new Cherry Point pier has been identified, Watters said.

Fred Felleman, an environmental consultant who has tracked the Cherry Point herring situation for many years, said the extent of efforts to protect Cherry Point herring will demonstrate whether people are serious about restoring the environmental health of Washington state’s inland marine waters.

“If we don’t get serious about protecting these fish, the whole Puget Sound recovery process isn’t worth a dime,” Felleman said.

Reach JOHN STARK at john.stark@bellinghamherald.com or call 715-2274.

Back to petroleum

•July 8, 2009 • 1 Comment

or should we say “Bad Promises”

Financial Times
July 8, 2009

http://www.ft.com/cms/s/0/b8626bf4-6b20-11de-861d-00144feabdc0.html?nclick_check=1

By Ed Crooks
Published: July 7 2009 20:03 | Last updated: July 7 2009 20:03

On the sixth floor of County Hall, the slightly tatty Edwardian building on the south bank of the Thames that once housed the Greater London Council, there is a modest office suite that tells a revealing story about the future of the global energy industry.

With neighbours including a Dalí exhibition, the Manga Studio and the London Aquarium, it is the perfect location for a creative start-up operating outside the mainstream. Only a discreet green and yellow sign with BP’s “Helios” logo and the word “alternativenergy” reveals that it is the base for a division that was supposed to represent the future for one of Britain’s biggest companies.

If BP is to go “beyond petroleum”, as its slogan says, it is the Alternative Energy businesses run from County Hall, including biofuels, solar and wind power, that will take it there. Yet the office is being shut, investment cut and its chief executive has taken early retirement.

Under Lord Browne, its previous chief executive, BP positioned itself as a pioneer of the revolution expected to change the energy business. It was a standard-bearer for hopes that companies that dominated the old world of energy would also lead the transition to the new one.

Although worldwide investment in renewable energy has taken a knock in the recession, the level of interest remains as strong as ever. The election of President Barack Obama has raised the prospect that Washington will sign up to an international agreement to curb carbon dioxide emissions, transforming the outlook for low-carbon energy sources.

Yet having led the charge, BP is now leading the retreat. When the world does move beyond fossil fuels, neither BP nor any other big oil company is likely to be in the vanguard.

Tony Hayward, who succeeded Lord Browne two years ago, is pinning BP’s hopes for the future more firmly than before on oil and gas. As one former BP executive puts it, “oil and gas are in the company’s DNA”. Another says that, while the rest of the world is trying to move forward, Mr Hayward is “turning the clock back”.

Alternative energy provides less than 1 per cent of BP’s revenues and none of its profits. Capital spending will be about $20bn this year, of which at most 5 per cent will go into renewable energy. But the reason behind the faltering of its ambitions for the business are telling both for the future of the oil industry and for the world’s energy supplies.

As Peter Sutherland, chairman, prepares to hand over to Carl-Henric Svanberg at the end of the year, BP is in many respects on a high. When Mr Hayward took charge, the group’s profitability lagged far behind that of Royal Dutch Shell, its closest rival. Now that gap has been closed.

After the plunge in oil and gas prices, this year’s profits will be much lower than last year’s record $25.6bn, but a cost-cutting drive, taking more than 5,000 jobs out of the business, has left BP better positioned than Shell to cope with lower revenues. On the stock market, it has in the past year outperformed Shell and ExxonMobil, the biggest western oil group.

Yet for all those achievements, there is deep uncertainty among investors about the company’s future, expressed most starkly in the ratio of its dividend to its share price. The shares yield more than 7 per cent: a remarkable return at a time when 10-year US Treasury bonds pay just 3.5 per cent. The figure indicates the markets think that BP has no prospect of long-term growth.

Industry trends suggest those fears are well founded. Western oil groups face pressure from assertive governments of resource-rich countries, and from ambitious rivals emerging in China, Russia and Brazil. BP and other western “majors” are being driven to the most difficult, high-cost reserves, such as Canada’s oil sands.

They are also beginning to run up against “peak demand”. As a result of the rise of biofuels and improvements in energy efficiency, oil consumption in developed countries may have passed its peak. Demand will continue to rise in emerging economies such as China, but western companies find it harder to operate in these markets.

“This recession has brought forward the point at which demand for one of our principal products, gasoline, will probably be in terminal decline in mature markets,” Mr Hayward says. “So one of the tasks is to figure out how we reposition our business to access more of the growth.”

A year ago, it looked as though he too thought renewable energy would be an important part of the answer. It starts from a lower base but is growing faster than oil and gas: by more than 10 per cent a year for wind and more than 20 per cent for solar during 2006-30, even without any additional incentives, according to projections by the International Energy Agency.

Many renewables are not profitable without subsidy, but governments are increasingly committed to them, most notably in the US. A global deal to curb greenhouse gas emissions at the United Nations climate change conference in Copenhagen in December would provide fresh impetus for all forms of low-carbon energy.

Fiona Paulus, head of energy at Royal Bank of Scotland, argues that a fundamental shift in the world’s energy supplies is coming. “A hundred years ago, the world’s fuel was primarily coal. Today it is oil. In the future, it will be renewable energy. By 2050, perhaps 50 per cent of our energy will be non-carbon-based.”

As a sign of BP’s determination to join that revolution, the lternative Energy division last year moved to its County Hall offices from the group’As grand St James’s Square headquarters: a short distance physically but a long way in spirit. The idea was to encourage the entrepreneurial spirit that drives the small companies plotting a shift in the world’s energy supplies. The move also created a more autonomous unit, which could have brought in outside investors or even gone for a stock market flotation. Now the experiment is being put into reverse. Alternative Energy is being moved back to St James’s Square to use free space opened up by job cuts.

Vivienne Cox, who had led the renewables business since 2004, left BP at the end of last month. The group’s investment in alternatives, rising fast to a peak of $1.4bn last year, will fall to just $500m-$1bn this year. The idea of bringing in outside shareholders has been shelved indefinitely. Mr Hayward says he is “weeding” the business, to remove the unpromising activities that stand no chance of being commercially viable.

BP’s wind business has been focused on the onshore US, avoiding the more expensive offshore projects seen as the future of the industry in the UK. Solar manufacturing facilities are being shut or cut in the US, Spain and Australia and production shifted to Chinese subcontractors. In biofuels, the company is focusing on a Brazilian joint venture to produce sugar cane ethanol, cheaper and more environmentally friendly than the US corn-based variety, and is backing research into advanced biofuels. However, its project to explore the use of jatropha, once seen as a “wonder crop” for biofuel production, appears to have stalled.

Over the next three years, BP is likely to invest about $2.5bn in renewables. In the same period Eon, the German electricity and gas group with about half BP’s market capitalisation, expects to invest more than twice as much in wind and solar power.

“What BP are doing shows a lack of commitment,” says a former executive. “When you decide to do something, either you do it wholeheartedly or you shilly-shally around it and you don’t get anywhere.” He believes that, under pressure from the falling oil price, BP’s leaders are retreating to familiar businesses. “A lot of it is instinctual, and the instincts of Tony Hayward and Andy Inglis, head of exploration and production, in particular,” he says. “They are dyed-in-the-wool old-fashioned oilmen. They are extremely smart and clever people but they are trying to cling on to what they know best.”

Given the skills and culture of the group, BP’s Alternative Energy division was always going to be fighting uphill. The business is very different from oil and gas. Securing planning permission for a wind farm, for example, has little in common with negotiating an oil exploration licence. There are also fundamental differences of business model and mindset.

“What BP is really good at is finding oil: high-cost investments that can create big increases in value,” one former BP man says. Renewable energy, by contrast, “is a slow grind, where you just don’t get that big-value uplift”. Another former executive argues that the lesson of BP’s experience is that companies need to concentrate on doing what they do best: “With the benefit of hindsight, it’s appropriate for companies like BP to stick to their core business.”

BP would not disagree, arguing that there is still a hugely successful long-term business in oil and gas. Mr Hayward describes concerns over western companies’ access to resources as “somewhat overstated”, pointing to BP’s 2007 deals with Libya and Oman as evidence. Last week it became the first western company since the US-led invasion of 2003 to agree a deal with the Baghdad government to operate in Iraq’s vast oil fields.

At some point, however, the shift in the world’s energy system will come. Lew Watts, an independent consultant, says the future will bring growing electrification, including of transport. “What we are likely to see, and are already seeing, is that energy will continue to de-carbonise and will ultimately move to the electron,” he says. “Any energy company of the future will need to be in the electron or power business. Companies that do not do this become merely commodity suppliers.”

Viewed that way, groups such as Eon or EDF of France or Duke Energy of the US have more chance of dominating the future energy landscape than BP. Or, just as IBM failed to realise the potential of the personal computer, established energy companies may be superseded by new ones able to exploit the new forms of energy.

BP is thinking now about what the changing global market will mean for its business. Talking about the appointment of the new chairman, currently chief executive at Ericsson, the Swedish telecommunications group, Mr Hayward says: “This is the end of chapter one of getting BP back on the rails … We now need to sit down and begin to craft what is chapter two.” Whatever it holds, that chapter seems certain still to have oil and gas at its heart.

Two steely oilmen

It is hard to imagine two men more superficially different than Lord Browne, pictured left, and Tony Hayward. Lord Browne, BP’s previous chief executive, is formal, reserved and thoughtful; his protégé and successor, Mr Hayward is relaxed, youthful and active. Lord Browne was a famous cigar smoker; Mr Hayward is a triathlete. The former’s corner office was notorious for its lavish, Viscount Linley-designed furniture; his successor’s is functional, brightened up with pictures of his children and of a yacht battling through the waves (he is a keen sailor) and not even on a corner.

BP insiders likened Lord Browne’s trips to company operations to state visits. Workers in BP’s US business disliked him, seeing him as emblematic of a remote London-based management culture. Mr Hayward is more at ease among the workforce. “BP makes its money by someone somewhere every day putting on boots, coveralls, a hard hat and glasses and going out and turning valves … And we had somehow lost track of that,” he said in a recent talk.

What both share, however, is a steely quality that took them to the top. Lord Browne’s deal-making, which built today’s BP, and Mr Hayward’s attack on costs in response to the falling oil price, display a common ruthlessness.

“beyond petroleum”.
A slogan that was too successful

Rarely have two words proved as powerful, or as troublesome, for a company’s reputation as “beyond petroleum”.

Launched in July 2000, the slogan with a new logo and a lavish advertising budget sent BP’s brand awareness soaring in the US and helped it craft an image as the world’s best-run oil company.

Critics argued that it also sent a message to the majority of the company’s workforce that theirs was an outdated part of the business. It also set BP up for attacks from green campaigners, who could never be persuaded that the company had done enough to live up to its promise.

Lord Browne, then chief executive, had staked out his position on climate change, in opposition to the oil industry’s tendency to deny or ignore it, in a speech at Stanford University in 1997.

When he set out the strategy, advised by Ogilvy, the public relations group, some BP executives were sceptical; others were enthusiastic.

In May, Tony Hayward, BP’s present chief executive, described the company when he took over in 2007 as having “too many people that were working to save the world”.

Not that the motivation was purely altruistic. In a business heavily dependent on government relations, a good public image is an advantage. The advertising blitz helped BP in the US, where it had transformed its business with the acquisitions of Amoco and Arco.

The sense that BP could go beyond petroleum was also seen as important for attracting the brightest and the best recruits.

One former BP executive remembers: “John Browne said: ‘I don’t want this company to turn into another BAT [the tobacco-based conglomerate]: we need to show that BP has a future’.”

However, even the biggest enthusiasts failed to predict the slogan’s impact. While the detail of BP’s advertising made it clear the company was setting out in a new direction rather than changing overnight, the impression was created that it was no longer in the dirty and sometimes hazardous old oil and gas business.

There was substance behind the slogan: BP committed more strongly to renewables than other oil companies. Its downfall was that it failed to maintain the highest standards in its core business. When problems emerged, they were seized on vigorously by BP’s critics.

California water plan could help Puget Sound orcas survive

•July 6, 2009 • Leave a Comment

Jul, 5, 2009

LES BLUMENTHAL / THE BELLINGHAM HERALD

A plan to restore salmon runs on California’s Sacramento River could help revive killer whale populations 700 miles to the north in Puget Sound, as federal scientists struggle to protect endangered species in a complex ecosystem that stretches along the Pacific coast from California to Alaska.

Without wild salmon from the Sacramento and American rivers as part of their diet, the killer whales might face extinction. That’s what scientists concluded in a biological opinion that could result in even more severe water restrictions for farmers in the drought-stricken, 400-mile long Central Valley of California. The valley is the nation’s most productive farm region.

The plan has faced heated criticism from agricultural interests and politicians in California, but environmentalists said it represented a welcome departure by the Obama administration from its predecessor in dealing with Endangered Species Act issues.

The Sacramento plan, they add, represents a sharp contrast to the plan for restoring wild salmon populations on the Columbia and Snake rivers in Washington and Idaho. That plan, written by the Bush administration, essentially concluded that the long-term decline in those federally protected runs did not jeopardize the killer whales’ existence, because hatchery fish could make up the difference.

The 85 orcas of the Southern Resident Killer Whale population travel in three separate pods, spending much of their time roaming the inland waters of Washington state from the San Juan Islands to south Puget Sound. During the winter they have been found offshore, ranging as far south as Monterey Bay in California and as far north as British Columbia’s Queen Charlotte Islands. Each whale has distinctive markings, which allow them to be tracked.

In the mid-1990s, there were nearly 100 orcas in the three Southern Resident pods. The population fell to fewer than 80 in 2001. In 2005, the whales were granted federal protection as an endangered species. The whales have been studied closely for only 30 years or so, but historically there may have been up to 200 Southern Resident orcas.

Researches believe the decline has resulted from pollution that could cause immune or reproductive system dysfunction, and from oil spills, noise and other vessel disturbances, along with a reduced quantity and quality of prey.

With the largest up to 27 feet long and weighing up to 10,000 pounds, orcas are constantly on the prowl for food. They have been known to hunt in packs. Their meal of choice – salmon, particularly chinook salmon.

By some estimates, the orcas eat about 500,000 salmon a year.

The Sacramento and American river systems combined were once among the top salmon spawning rivers on the West Coast, trailing only the Columbia and Snake rivers.

Prompted by lawsuits, the National Marine Fisheries Service last month published its latest plan for the Sacramento and American rivers’ winter and fall chinook salmon runs. Without further curtailments of water for agriculture and to serve 23 million Californians, the two runs are in jeopardy of extinction, the plan said.

Without changes, the Southern Resident killer whales, a run of steelhead and a population of North American green sturgeon almost certainly would disappear, according to the plan.

The killer whale population is extremely fragile, and scientists said the loss or serious injury to just one could appreciably reduce the odds that the Southern Resident pods would recover or survive.

The scientists also said that hatchery-raised salmon couldn’t be counted on to sustain the killer whales’ survival.

“Healthy wild salmon populations are important to the long-term maintenance of prey populations available to Southern Residents, because it is uncertain whether a hatchery-only stock could be sustained indefinitely,” the scientists said.

Not only are there concerns about long-term funding for the hatcheries, but scientists have questions about whether hatchery fish are as genetically strong and healthy as wild ones. Though changes to the hatcheries could improve the fish they produce, there is no agreement on what needs to be done and no guarantees the changes would work.

Meanwhile, the latest plan for the Columbia-Snake wild salmon runs concluded that continued operation of the federal hydroelectric dams on the two rivers was “not likely to adversely effect” the killer whales. Earlier, federal scientists found that “perhaps the single greatest change in food availability for resident killer whales since the late 1880s has been the decline of salmon from the Columbia River basin.”

Despite the decline in wild runs, scientists said hatchery fish would be able to make up any deficit in the orcas’ diet.

Though the Columbia-Snake salmon plan acknowledges the potential problems with hatchery fish, it dismisses, at least for now, their impact on killer whale food supplies.

Lynn Barre, a National Marine Fisheries Service scientist in Seattle, helped write both plans and downplays any differences.

“I think we say the same thing in both (biological) opinions,” Barre said, adding that both plans recognize hatchery fish could be a short-term substitute for wild fish, but that there were concerns about whether hatchery fish could be a long-term food source for orcas. “The general principles are similar.”

But environmentalists say the differences couldn’t be more obvious.

“The contrasts are striking,” said Todd True, a lawyer for the Seattle office of Earthjustice, which has challenged the Columbia-Snake plan in a lawsuit in federal court in Portland, Ore.

True said the Sacramento salmon plan was a “candid piece of work that had a strong independent review and the absence of political interference.” As for the Columbia-Snake plan, True said it “pretends there isn’t a problem.”

The judge in the Portland case has given the Obama administration until Aug. 15 to indicate whether it will stick with the Columbia-Snake salmon plan written during the Bush administration or offer a new one.

LES BLUMENTHAL covers issues about Washington state from the McClatchy bureau in Washington, D.C. He can be reached at lblumenthal@mcclatchydc.com.

The little tugboat that could

•June 12, 2009 • Leave a Comment

Crosscut

The legislative session wasn’t generous to the environment, especially Puget Sound. But there was one victory of ‘dumb doggedness’: the rescue tug at Neah Bay, a key to fighting oil spills.
By Daniel Jack Chasan
June 12, 2009.

All over the state, young teachers are getting ready to clear out their desks, and people who have relied on the state’s Basic Health plan are about to get priced out of their plan — all victims of Washington’s budget crisis. When we’re laying off teachers and throwing people off basic health care; so how much new money do you think we’re going to spend on fish? Right. The 2009 legislature didn’t pour a lot of new money into Puget Sound.

One can, however, see the glass as not quite empty: The Puget Sound Partnership says in a press release: “Despite facing an unprecedented budget deficit, the Legislature demonstrated stalwart support for the protection and restoration of Puget Sound during the 2009 regular session. . . . ‘It is gratifying to know that even under such dire economic circumstances, Puget Sound recovery remains a top priority of the Legislature,”’said David Dicks, the Puget Sound Partnership’s executive director.”

A lot of the 2009 Legislature’s accomplishments boil down to continued funding for programs already under way. (In the current economy, business-as-usual is nothing to scoff at, however.) But the Legislature did come up with some new money. Compared to the hefty sums that have been discussed as necessary — $8 billion was the figure thrown around two years ago, when the current save-the-Sound campaign kicked off — they represent a drop in the bucket. Still, the Partnership says it’s happy about $3.4 million in new state money for habitat, and $22.2 million, most of it from the federal government, for Salmon Recovery Funding Board grants to protect and restore salmon habitat. People for Puget Sound says it’s happy about getting money to help municipalities update shoreline master plans that in many cases date from the 1970s. As the organization’s lobbyist, Bruce Wishart, says, those older plans “don’t reflect current science and don’t reflect current development pressures.”

But — behind the positive facade — neither group ignores the empty portion of the glass. “Good things did happen,” wrote People for Puget Sound executive director Kathy Fletcher. “But the bottom line is clear: Without a long-term source of funding and tough, enforced regulations, Puget Sound will die.”

The Legislature failed miserably to provide the funding and, if anything, it slid backward on enforcement. Virtually all the new money represents capital rather than operating funds. Resource agencies’ operating budgets have been slashed. The agencies will have fewer people monitoring projects to make sure they work, fewer people enforcing the law. It will be harder to separate effective programs from hollow promises — and hollowness will become more likely.

The Partnership’s proposal for a 12-county Puget Sound improvement district (the basis for a new source of taxes) went nowhere. The Partnership was focusing on the right issues, says John Lombard, author of Saving Puget Sound, who has been critical of much save-the-Sound posturing. “I was very happy to see that,” Lombard adds. “I thought it was absolutely right.”

“You can say that a budget crisis is not the right environment” for establishing yet another taxing body, Lombard concedes, “but that’s the point of a dedicated revenue source” — making sure the Sound doesn’t have to compete with schools or health care.

The Partnership didn’t have a lot of help. Much of the environmental community is still stuck in an outdated mode of thinking, he says: stop pollutants coming out of the pipes, and make sure the polluter pays. We should focus more on the long-term threats of population growth and climate change, Lombard argues. Audiences to which he speaks seem to grasp that; the environmental community doesn’t. “There isn’t anyone out there who’s willing to take these issues as their own,” he says.

There’s plenty to argue about, but virtually everyone seems glad that the Legislature has finally come up with permanent funding for a rescue tug at Neah Bay. The rescue tug law is landmark legislation, although looking at the long-term needs of Puget Sound, authorizing a tugboat is kind of like putting a sprinkler system into a house with a crumbling foundation. If a fire breaks out, you’ll be glad you have it, but it won’t stop the slow process of deterioration. Still, that tug is arguably the environmental highlight of the session. On its web site, People for Puget Sound hails a “Victory on Permanent Rescue Tug at Neah Bay.” The “progressive” political group Fuse has given the 2009 legislature a D on its environmental performance but an A on the rescue tug legislation.

There’s nothing new about the tug itself; the novelty is assured funding. A rescue vessel has been stationed at Neah Bay for the past decade. But it has always had a hand-to-mouth existence. In 1999, Congressman Norm Dicks got the Navy to pay for its first year. Then, the next year, the Makah tribe used money awarded as damages in the Tenyo Maru spill — when a Japanese fish processor hit in the fog by a Chinese freighter spilled 100,000 gallons of fuel — to help the state fund it for another year. (The Justice Department had to approve using Tenyo Maru damages for prevention, rather than restoration. Environmental actvist Fred Felleman, who has worked extensively with the Makahs, likes to call the concept “prestoration.”) The state has paid ever since, but funding has been year-to-year, and, until this year, only enough to keep a tug there over the winter. Felleman describes the funding effort as a long series of bake sales.

Under the new law, the state will pay $3.6 million to keep the tug on duty for another full year. Then, the maritime industry — operators of all tankers, oil barges, freighters, and passenger vessels passing through the Strait of Juan de Fuca, — will have to come up with the money. The ocean shippers have until December 1 to figure out how to do that. “If they can’t,, the Legislature will do it for them, and probably none of them will be happy,” said the legislation’s senate sponsor, Kevin Ranken, according to a story by Robert McClure in seattlepi.com.”

No one pretends that the rescue tug law would have passed if the state hadn’t been able to send the bills to someone else. “I don’t think there was much of a chance we could have done that this year with public funding,” Bruce Wishart says. Felleman agrees that the third-party funding was a crucial “a pot-sweetener.” Because ocean shippers will have to pay, he says, the new law represents “one of the few environmental regulations that actually saves the state money.”

The Makah tribe, which wants to protect its treaty fishing rights in the Strait and coast, started talking about a tug in 1995, when Congress lifted the ban on exporting North Slope oil, explains Chad Bowechop, manager of the Makah Office of Marine Affairs. A guarantee that North Slope oil would be used only in the U.S. had been a pre-condition for Congress approving construction of a Trans Alaska Pipeline. (As it was, the measure passed only because Vice President Spiro T. Agnew broke a Senate tie, shortly before resigning amid a bribery scandal.) U.S.-flagged tankers had carried Alaskan oil into Puget Sound. The changed law on North Slope exports raised the specter of oil entering the Sound on crumbling foreign-flagged ships. What would happen if a big tanker ran into trouble? Senator Patty Murray tried unsuccessfully to get a rescue tug into the North Slope law.

Felleman and the Makahs started working on the issue in the late 1990s, as did People for Puget Sound. Congress wouldn’t make the federal government, the oil industry, or the shipping industry pay for a tug. Sen. Murray wasn’t the only one who tried and failed. Sen. Maria Cantwell introduced legislation that went nowhere, too.

That has left it up to the state, but environmental activists and regulators worried for years that the state couldn’t act, because the federal government might preeempt the field. (This wasn’t just paranoia. In 2000, the U.S.Supreme Court threw out Washington spill prevention rules that dealt, among other things, with the training and English proficiency of tanker crews, because the federal government had already preempted much of the field.) A Coast Guard rule issued on the last day of 2008 for oil-carrying vessels’ salvage and marine firefighting plans got rid of that argument. The rule defines “salvage” as “any act undertaken to assist a vessel in potential or actual danger, to prevent loss of life, damage or destruction of the vessel and release of its contents into the marine environment.” And it says unequivocally “we have determined that these regulations will not interfere with or preempt existing State regulations on the same subject.”

The language was “not [inserted] by accident,” Felleman says. He and the Makahs lobbied Sen. Cantwell’s office for words to that effect. Then, Cantwell, who chairs the Senate Commerce, Science and Transportation Committee’s subcommittee on oceans, atmosphere, fisheries and Coast Guard, “leaned on the Coast Guard on our behalf.”

He doesn’t suggest that the new Coast Guard rule was an environmental triumph. Instead, he describes it as the Bush administration’s “last gift to the oil industry.” It calls only for planning; it does not require drills; and it makes clear that shippers won’t be held responsible for actual performance. The rule was issued on the very last day of 2008. Nevertheless, the new rule opened “a clear legal path” around the threat of preemption, Felleman says.

Once he saw the language in the rule, Felleman and Bowechop started drafting a rough version of the bill. Felleman took it to his own legislator, State Rep. Mary Lou Dickerson. She wouldn’t sponsor the bill, but she “got the ball rolling,” Felleman says. Once that happened, Wishart “did the lion’s share’ of the work getting sponsors and shepherding the bill through the Legislature day-to-day. (This was hardly a new role. “Bruce was involved in the annual bake sale for that tug” as the Legislature scraped money together, year after year.) The Department of Ecology supported the legislation, as did the oil industry, which saw a chance to spread the cost over the whole shipping industry.

Bowechop says that the tug law represents both the culmination of a long struggle and the beginning of a new effort to make Neah Bay a center for effective spill response. He hopes that eventually tribal members will be trained to crew the tug. And he talks about using the tribal fishing fleet as a key part of the oil spill response system — as the local fishing fleet is already used in Prince William Sound. (“We don’t have to re-create the wheel,” Bowechop says.)

Although there’s still a long way to go, the Makahs have come a long way already. Felleman “could see the light at the end of the tunnel,” Bowechop says. “He’s worked with us for many years, and for some of those years, we couldn’t afford to pay him.” Felleman himself takes an ironic view of the long struggle that led up to this year’s legislation. “It wasn’t dumb luck,” he says. “It was dumb doggedness”

Daniel Jack Chasan is an author, attorney, and writer of many articles about Northwest environmental issues. You can reach him in care of editor@crosscut.com.
View this story online at: http://crosscut.com/2009/06/12/puget-sound/19046/
© 2009 Crosscut Public Media. All rights reserved.
Printed on June 12, 2009

ACTIVISTS URGE AGENCY TO UPDATE SHIP SEWAGE DISCHARGE STANDARDS

•June 9, 2009 • Leave a Comment

Water Policy Report – 5/11/2009

Activists are urging EPA to update its standards for sewage discharges from large ships, arguing the agency has neglected to update the standards to account for new technology since they were issued more than 30 years ago.

Friends of the Earth (FOE) filed an April 28 petition with EPA asking the agency to set new sewage discharge standards for cruise ships and other large vessels. “The current regulatory program for the treatment of sewage from these and other large vessels is woefully inadequate and has failed to keep up with both the growth of the industry and the development of sewage treatment technologies,” FOE says in the petition. The petition is available on InsideEPA.com.

Although ship sewage discharges are exempted from the National Pollutant Discharge Elimination System standards that govern most point-source discharges, they are regulated under section 312 of the Clean Water Act, which mandates that ships treat sewage before it is discharged into navigable waters.

The new standards are necessary because EPA has not updated its ship sewage standards since they were set in 1976 and the currently mandated technology is not adequate to meet EPA water quality standards, the petition says. Although newer wastewater treatment systems are economically feasible, only 40 percent of cruise ships in U.S. waters have voluntarily installed the systems, the petition says.

In addition, the standards are necessary because the cruise ship business is rapidly expanding, growing from 500,000 passengers in 1970 to 9.2 million passengers departing from North American ports in 2007, the petition says. Ship size is also growing, with the largest cruise ships having the capacity to discharge 74,000 gallons of sewage a day, the petition says.

“Unless countered by more stringent sewage regulations, this expected industry growth will exacerbate the health and environmental effects of vessel discharges,” the petition says. Ship sewage can lead to human illness contracted through swimming in polluted water or eating contaminated shellfish and can harm aquatic life by creating oxygen-depleted deadzones or scarring coral reefs, the petition says.

WATER-18-10-29

Acidic Oceans

•June 1, 2009 • Leave a Comment

CO2 levels may cause underwater catastrophe

Changes to the ocean caused by carbon dioxide emissions could lead to an “underwater catastrophe”, damaging wildlife, food production and livelihoods, scientists are warning.

TELEGRAPH.CO.UK
Last Updated: 7:55AM BST 01 Jun 2009

The world’s scientific academies – including the UK’s Royal Society – issued a warning that ocean acidification must be on the agenda when countries attempt to forge a new global deal on cutting emissions in Copenhagen in December.

And a separate paper warned that increasing acidity in the seas could damage fish, corals and shellfish – leaving fishing communities facing economic disaster.

The researchers from Woods Hole Oceanographic Institution, Massachusetts, said emissions from deforestation and burning of fossil fuels had increased levels of CO2 in the atmosphere by almost 40 per cent above pre-industrial levels.

Currently around 30 per cent of the CO2 put into the atmosphere by human activities is absorbed by the oceans where it dissolves, altering the chemistry of the surface sea levels making it more acidic.

The acidity can damage wildlife, particularly shell-forming creatures and the species which feed on them, with knock-on effects on people who rely on the oceans for food and livelihoods.

Damage to corals could also reduce the coastal protection from storms that reefs currently provide.

According to the US researchers, there were almost 13,000 fishermen in the UK in 2007, who harvested £645 million of marine products, almost half (43 per cent) of which were shellfish.

In the US, domestic fisheries provided a primary sale value of 5.1 billion dollars (£3.2 billion) in 2007, they said.

The statement from the science academies of 70 countries, warned that despite the seriousness of the problem, there was a danger it could be left off the agenda at Copenhagen.

The joint statement calls on world leaders to explicitly recognise the dangers posed to the oceans of rising CO2 levels, which it warns are irreversible and could cause severe damage by 2050, or even earlier, if emissions carry on as they are.

Martin Rees, president of the Royal Society, said the effect of rising levels of CO2 in the atmosphere on the oceans had not received much political attention.

But he said: “Unless global CO2 emissions can be cut by at least 50 per cent by 2050 and more thereafter, we could confront an underwater catastrophe, with irreversible changes in the makeup of our marine biodiversity.

“The effects will be seen worldwide, threatening food security, reducing coastal protection and damaging the local economies that may be least able to tolerate it.

“Copenhagen must address this very real and serious threat.”

http://www.telegraph.co.uk/earth/environment/5420048/CO2-levels-may-cause-underwater-catastrophe.html
Related Articles

· Climate change ‘killing Coral Triangle’

· Oceans becoming acidic ‘at fastest rate for 65 million years’

BP fights state lawsuit

•May 31, 2009 • Leave a Comment

Vol. 14, No. 22 Week of May 31, 2009
Providing coverage of Alaska and northern Canada’s oil and gas industry

Says state overreaching as it seeks to collect huge damages over 2006 spills

Wesley Loy

For Petroleum News

Lawyers for BP say the state is “overreaching” with its lawsuit seeking to collect potentially huge fines, back taxes and other damages in connection with disruptive oil spills in the Prudhoe Bay field in 2006.

In papers filed May 26 in state Superior Court in Anchorage, BP asked the judge to toss out some of the state’s claims and defer part of the case — the issue of how much oil “waste” resulted from the spill — to the judgment of the Alaska Oil and Gas Conservation Commission.

The filings stand as BP’s first public comment on the legal merits of the state’s lawsuit. And they leave little doubt that BP’s lawyers intend to defend the case vigorously.

On the question of back taxes and royalties, which state lawyers say are due because of a partial field shutdown and other outages in the wake of the spills, lawyers for BP including Anchorage attorney Jeff Feldman argued the state doesn’t deserve such collections.

The company’s lawyers assered that the partial field shutdown wasn’t the result of the spills. Rather, BP “chose to conduct additional maintenance to ensure the integrity of critical infrastructure, reduce the risks of future spills, and extend the operating life of the field.”

Amount could reach $1 billion
A state attorney has said the back tax and other collections potentially could approach $1 billion.

“The State seeks damages based on a theoretical 35,000,000 barrels of oil that it alleges were ‘lost’ due to the shutdown,” BP’s attorneys write in support of their motion to dismiss part of the state’s case. “These claims are not supportable because no oil was lost as a result of the partial shutdown for maintenance and because the applicable law does not permit recovery of such damages. Oil not produced in 2006 remained in the reservoirs; its production was deferred, not lost. To allow the State to collect ‘damages’ based on royalties and taxes it claims it did not receive because of the partial, temporary shutdown would result in the State collecting those sums twice — both upon production of the oil and as damages in this litigation.”

Saying it wants to “narrow this case,” BP is asking the court to dismiss three of the nine counts in the state’s lawsuit.

One count accuses BP of “negligence” with respect to monitoring and controlling corrosion in Prudhoe pipelines. The second count argues BP, because of its negligence and the resulting “extensive production shut-ins,” is liable for oil waste harmful to the state’s interests. The third count seeks punitive damages.

BP’s lawyers argue the company, through its oil leases and unit agreements, has a contract with the state, and violations of that contract subject the company to a “comprehensive system of statutes and regulations” meant to discourage oil spills, punish offenders and deter future spills.

BP says waste claims should be heard by AOGCC, not court
With its negligence and punitive damages claims, the state is improperly pursuing “tort claims,” BP’s lawyers argue. A tort generally is defined as a wrongful act, not including a breach of contract, that results in injury to a person or property.

The court also should dismiss any waste claims, or defer them to the AOGCC to investigate, BP’s lawyers say.

“Waste of oil is a highly technical subject, better suited for initial resolution by the AOGCC than by a lay jury,” BP’s court filing says.

BP and the state’s lawyers do agree on one thing: BP owes a fine of at least $1.7 million for the largest of the two pipeline spills to occur in 2006 in the Prudhoe Bay field — a release of 212,252 gallons that covered about two acres of tundra and the edge of a frozen lake. State statutes clearly spill out a penalty of $8 per gallon.

But state lawyers are seeking four times the base penalty, or almost $6.8 million, because the spill was “caused by gross negligence” or because BP didn’t follow its oil spill prevention and cleanup plan.

Steve Mulder, the assistant attorney general leading the state’s case, said May 28 he didn’t have any immediate comment on BP’s court filing.

Civil suits filed in March
The state and federal governments each filed civil lawsuits against BP Exploration (Alaska) Inc. on March 31, part of continuing fallout over spills from corroded oil transit pipelines in 2006. The major spill was discovered in March of that year, while the second spill in August forced a partial shutdown of the nation’s largest oil field and subsequent replacement of miles of transit pipelines.

The transit lines are major trunk lines that carry processed, sales-grade crude oil out of the vast Prudhoe field and feed it into the 800-mile trans-Alaska pipeline to the tanker port at Valdez.

The spills drew intense scrutiny of BP from federal pipeline regulators as well as Congress. In late 2007, BP Exploration pleaded guilty to a federal pollution misdemeanor, and a judge put the company on probation for three years and ordered more than $20 million in penalties.

That took care of the criminal aspect of the corrosion scandal and spills. The state and federal lawsuits address the civil side.

The federal suit, which the Department of Justice filed in the district court in Anchorage on behalf of the U.S. Environmental Protection Agency and pipeline regulators, alleges violations of the Clean Water Act and the Clean Air Act. As of May 27, no activity had occurred in that case.

In an annual report filed in March with the U.S. Securities and Exchange Commission, BP disclosed that it had been “engaged in discussions” with government officials. But those talks evidently weren’t enough to reach a settlement and head off the civil suits.

Alaska Files Suit Related to BP Oil Spills

•May 26, 2009 • Leave a Comment

Claims Journal
May 26, 2009

http://www.claimsjournal.com/news/west/2009/05/26/100816.htm

May 26, 2009

The Alaska Department of Law has filed a civil lawsuit against BP (Exploration) Alaska Inc. stemming from the 2006 crude oil pipeline spills and production shutdowns at Prudhoe Bay.

In March and August of 2006, spills occurred from oil transit lines (OTLs) in the Prudhoe Bay Unit operated by BPXA. Both were the result of internal corrosion that had not been adequately treated by BPXA for years. The March spill estimated at 212,252 gallons was the largest in the history of Alaska North Slope oil and gas production. The August spill involved more than 900 gallons.

The spills and subsequent emergency pipeline replacement work at both Prudhoe Bay and the Milne Point Unit reduced oil production for more than two years. As a result, the state lost revenue it would otherwise have received in 2006 through 2008 had BPXA used sound corrosion management practices.

In the lawsuit, the state is requesting penalties for violations of environmental laws and just compensation for state revenues lost as a result of BPXA’s negligent corrosion prevention practices.
Previously, BPXA settled criminal violations associated with the March 2006 spill through a plea agreement with the U.S. Justice Department in which BPXA pleaded guilty to violating the federal Clean Water Act.

As part of the plea agreement, BPXA admitted that the 2006 spills were caused by internal corrosion that had been allowed to progress unchecked to the point of failure due to the negligent corrosion monitoring and control practices that it had employed for several years prior to the two spills. This negligence included:

The failure to “adequately inspect and clean the OTLs,” as the Western Operating Area OTL had not been either smart-pigged or maintenance-pigged for more than eight years prior to the spill, and the Eastern Operating Area OTL for more than 16 years prior to the spill;

The failure to prevent sediment from building up in the OTLs, which in turn provided a favorable environment for corrosion-causing bacteria to flourish.

On April 18, 2007, Governor Sarah Palin signed Administrative Order 234 creating the Petroleum Systems Integrity Office to ensure Alaska’s oil and gas infrastructure will get the maintenance and inspection it needs to operate safely.

Source: AG

Find this article at:
http://www.claimsjournal.com/news/west/2009/05/26/100816.htm

Intentional oil discharges may dwarf runoff

•May 20, 2009 • Leave a Comment

With no other ship in sight, a common crime spoils sea

Oil dumping has led to a crackdown and devious tactics to try to evade it
Sunday, May 17, 2009

BY TED SHERMAN
Star-Ledger Staff

Oil dumping has led to a crackdown and devious tactics to try to evade it
The M/V Snow Flower, a 568-foot refrigerated container ship, was outbound from Los Angeles when it began experiencing serious problems in the engine room.

A faulty valve had caused waste oil and water levels in the bilge holding tank to begin rising, while one of the ship’s deep water ballast tanks had become badly contaminated with heavy fuel oil. With no place to put the bilge water, crew members would later tell the Coast Guard, chief engineer Igor Krajacic decided to partially pump out of the port and starboard holding tanks while bypassing a key pollution-control device.

“I need a magic pipe,” he told a junior engineer. The crew, sweating in the hot engine room, jury-rigged a pipe to a discharge valve. Then they began illegally pumping the oil and water directly overboard, mostly at night, as the Snow Flower continued on its voyage to Chile, and then to Gloucester Marine Terminal in New Jersey.

By the time the ship reached New Jersey, the Coast Guard — alerted by someone on board — was waiting.

In March, Holy House Shipping AB, the Swedish shipping company that operates the Snow Flower, a ship registered in the Cook Islands, was hit with $1.4 million in fines and community-service penalties after pleading guilty to the dumping cover-up by Snow Flower’s engineers.

Federal prosecutors are stepping up their pursuit of sea-borne oil polluters, and they say they already have found enough offenders to put together a fleet of ships like the Snow Flower — vessels that flout international law by using the ocean as an open sewer to dump millions of gallons of waste oil when no one is looking. And the prosecutors say they are finding the pollution may be far more widespread than they ever suspected.

“There’s no shortage of cases,” said Joseph A. Poux Jr., assistant chief of the environmental crimes section for the U.S. Department of Justice. “From large cruise lines to the smallest operator, there’s not a segment of the industry we have not come across.”

The prime incentive is money. Illegal dumping can save tens of thousands of dollars.

One of the earliest cases brought by the government involved Royal Caribbean Cruises, whose ship Sovereign of the Seas was caught in 1994 pumping oil-contaminated bilge waste off the coast of San Juan, Puerto Rico. Ship engineers falsified records kept in the ship’s Oil Record Book, which became known on board as the Eventyrbok — Norwegian for “fairy tale book.”

Two years ago Poux prosecuted a former Coast Guard chief warrant officer who had lied to federal agents investigating the discharge of oil-contaminated waste from the Coast Guard cutter Rush into Honolulu Harbor.

LONG-TERM DAMAGE

According to Poux, the amount of oil illegally dumped by oceangoing ships has a far greater impact on the environment than accidental spills. Some estimates, he said, put shipboard waste-dumping at more than 88 million gallons a year — some eight times the amount of crude oil spilled when the Exxon Valdez hit a reef in Alaska’s Prince William Sound 20 years ago.
Sludge filtered out from the low-grade fuel burned by many ships is particularly bad for the environment. It is supposed to be incinerated or off-loaded in port.

“It’s almost like tar; that’s what they are putting in the ocean,” the federal prosecutor said.

The oil dumping doesn’t have the immediate impact of an Exxon Valdez disaster, in which the thick toxic goo released from the ruptured hull of the grounded tanker suffocated or poisoned hundreds of thousands of seabirds and marine animals. But it is by no means benign, said Michael Kennish, a marine scientist at the Institute of Marine & Coastal Sciences at Rutgers University.

Salt marsh sediments can retain oil wastes “for years and years and years.” Emulsified oil solids sink to the bottom, where they affect bottom-feeding marine life.

“Oil is picked up by plants and animals everywhere,” Kennish said. “Dump it into the Continental Shelf, and that’s where our fisheries are. So the oil gets into the food chain.”

One study has estimated 300,000 seabirds are killed annually along Canada’s Atlantic coast from the type of routine discharge of oily waste, federal officials said. A chemical “oil fingerprint” analysis conducted by the Coast Guard found the bilge waste from one ship charged with environmental crimes was consistent with oil found on nearby beaches.

In New Jersey, at least eight criminal cases have been brought against shipping companies since 2001, including the operator of the M/V Snow Flower, said Ralph Marra Jr., the state’s acting U.S. attorney.

“Environmental crime is a particular priority for this office,” he said.

Last June, the Danish shipping company Clipper Marine Services pleaded guilty to conspiracy to defraud the government by maintaining false records aboard its ship, the M/T Clipper Trojan. The company paid $3.25 million and agreed to retrofit some of its ships with new anti-pollution equipment. Meanwhile, the chief engineer was sentenced to five months in prison.

In February, after a Coast Guard inspection of the ship M/V Myron N in Port Newark, a Liberian shipping company and two engineers on the ship were indicted on charges of covering up the dumping of waste oil over a four-year period. The indictment includes allegations that the ship’s engineer rehearsed junior crew members so that they would tell investigators they had not done any illegal dumping. Assistant U.S. Attorney Marc Ferzan, who heads the office’s commercial crimes unit, said the case is set to go to trial next month.

THE ADVENT OF SEPARATORS

All ships leak oil. Lubricants ooze from gaskets and pumps, fuel may spill from lines, ongoing maintenance requires oil changes on machinery, and fuel oil burned in propulsion systems generates waste sludge when it is purified. Washed down with water — even rain from open hatches — it all finds its way down into the bilges, the lowest part of a ship.
Bilge water constantly accumulates in any vessel, depending on its age and upkeep, and eventually must be pumped out for the maintenance and ultimate safety of the ship. At one time, the practice was to simply to dump the bilge waste overboard. But an international treaty, known as the MARPOL Protocol, was adopted in the 1970s, setting standards for the amount of waste oil that could be routinely discharged. Ships were required to install a pollution-control device known as an oily water separator to treat the bilge water.

The device does what its name implies: separates and filters the oil from the water so that the water can be pumped out of the ship. The oil goes into a holding tank for later disposal. However, Coast Guard officials note, the machinery can be costly to monitor and adds nothing to companies’ bottom line. It’s also expensive to dispose of the waste oil on shore. And on older ships especially, the separators are installed as an afterthought — like a catalytic converter thrown onto a Model T Ford — and may not work as designed. The systems may “hiccup” in heavy seas, shutting down as the ship rolls, said Ralph Savercool, a senior marine inspector for the Coast Guard.

For some ship engineers, it’s just easier, and cheaper, to cheat the system. They simply bypass the oily water separator with a temporary pipe — a magic pipe, as it has come to be known throughout the shipping industry, that is removed and hidden before the next U.S. port of call.

Savercool has seen all kinds of ways that ship engineers may try to conceal evidence of tampering — despite the risk of losing their license, paying millions of dollars in fines, even going to jail.

In the tight confines of a seagoing ship, it’s not easy detective work.

“We look at bulkheads to see if there are marks. We look at the separator. We look for spare pipes with oil,” he explained.

BELOWDECKS GLIMPSE

The captain and senior engineering officers of the Horizon Navigator, a ship that the Coast Guard said has never had environmental issues — recently invited a reporter and photographer to climb through the complex compartments below deck while the ship was tied up at Port Elizabeth.
The Horizon Navigator is typical for the oceangoing freight trains that call on Port Newark and Port Elizabeth every day. The black-hulled, 800-foot ship has a crew of 27 and can carry 1,100 containers. Fully loaded, it burns about 650 barrels of oil a day.

“If you’re bored here, you’re not doing your job,” remarked David Cvitanovic, the ship’s captain, from his office high up near the bridge.

Far down below, oil lines and other piping snake through the hot, noisy engine room, a space filled with machinery, gauges, heavy valves and wisps of steam. Farther down several more ladders and across a series of catwalks with yellow-painted hand rails rubbed bare is the ship’s oily water separator. The small piece of machinery, painted green, is tucked beneath the propeller shaft.

It is no bigger than a typical home heating furnace. Inside are oil-attracting “coalescer” beads. As oily water flows through the unit, oil droplets attach to the beads and the water passes through. Like a bottle of oil-and-vinegar salad dressing that has been allowed to stand, oil floats in water. When enough oil accumulates on the beads, they break away and float to the top of the tank. The treated water is then pumped through an oil content monitor. It cannot be discharged overboard unless the oil content drops to less than 15 parts per million.

The Horizon Navigator not only has a separator, it has added a pre-purifier treatment system. While not required by law, said Wally Becker, senior vessel superintendent for Horizon Lines, the system is being installed on most of the company’s ships to further protect the environment.

“The company wanted to be ‘greener,’” he said.

ALL-DAY INSPECTIONS

Most of the federal criminal cases to date have involved the temporary bypass pipe installed by engineers to circumvent the oily water separator. But Savercool said it is not the only place to find a smoking gun.
” ‘The magic pipe’ is a bad term,” suggested the Coast Guard civilian inspector as he ducked below the propeller shaft. “It was a pipe that investigators found on one ship to bypass the oily water separator, but it can be found anywhere in the system.”

When the Coast Guard’s suspicious are aroused — sometimes by sloppy record-keeping mistakes but, more often than not, by disgruntled crew members who become whistleblowers — investigators may spend all day on an inspection, from 6 a.m. to after midnight, Savercool said.

“We trace all the piping. That’s why it takes so long,” he said.

Justice Department officials say those who try to evade the law have gotten better at hiding the evidence. Poux, who said he has been lied to in more languages than he can count, calls it an evolving game.

“In my first case, one of the things that tipped off the inspector was tool marks on a flange,” he recalled. “Then they started painting things, so we began looking for new paint. Last year they started painting things and rubbing dirt on it.”

There are critics of the government prosecutions who say the Justice Department is being overly aggressive. Thomas Russo, an attorney for Holy House AB, argued that when crew members know they will get a substantial reward for reporting transgressions to the Coast Guard, they are less likely to report them to their own company. And, he said, ship operators are basically being prosecuted for record-keeping violations, not pollution.

Marra is unapologetic. Falsifying records, he said, is simply the obstruction of justice. Whistleblowers, he added, always fear they can be fired. And the Snow Flower was discharging oily waste within one day’s sail from New Jersey.

“We catch criminals any way we can,” said Marra.

Ted Sherman may be reached at tsherman@starledger.com or (973) 392-4278.

©2009 Star Ledger
© 2009 NJ.com All Rights Reserved.

Swine Cruise

•May 11, 2009 • Leave a Comment

Add this to the list of impacts from cruise ship discharges……

http://www.seattlepi.com/local/6420ap_ak_swine_flu_alaska.html

Last updated May 11, 2009 4:16 p.m. PT
Alaska awaits verification of swine flu finding
THE ASSOCIATED PRESS

ANCHORAGE, Alaska — State health officials had expected to get verification Monday that a crew member aboard a cruise ship in Alaska waters contracted swine flu. But officials may have to wait a bit longer.

Ann Potempa, a spokeswoman for the state Department of Health and Social Services, says it looks increasingly unlikely the verification will come by the end of the day.

Dr. Jay Butler, Alaska’s chief medical officer, announced Sunday that the crew member aboard the Serenade of the Seas had tested positive for swine flu.

No other people aboard the ship have reported flu-like symptoms since the woman became ill on May 2.