Handing out COTP memos and doing nothing else… yeah that’s dropping the ball. Especially this late into the scenario. Less words more action.
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And there is 33 USC 1223
33 subpart B—Control of Vessel and Facility Operations
§160.105 Compliance with orders.
Each person who has notice of the terms of an order issued under this subpart must comply with that order.
As we all know the USCG is the most powerful law enforcement entity out there… they have lots of tools in the tool bag!
What dock is going to take them? Ring ring:
“Yes, this is the Coast Guard. We’d like to park an ATB or 3 at your dock.”
“Uh…is this related to those Bouchard ones that already called. They owe us money. When the ship gets here, the crew is gonna scram and we will lose the dock space and never get paid.”
There’s definitely gotta be some red tape with forcing a dock to accept a vessel so it can be abandoned, unless they can negotiate that the dock then gets the vessel and can do what they want with it. Which means they have to basically steal it from Bouchard.
No shipyard will, two shipyards one in Florida and one in Texas already have arrested BTC vessels at their pier. The difference there is they were arrested at the pier.
The shipyard will only get pennies on the dollar against the hundreds of thousands of dollars they would be owed.
Although I can’t wait to hear what constitutional amendment the sea lawyers will use for justifying coast guard forcing a shipyard to loose money to accommodate a Bouchard unit in storage for many many months.
If the dock owner is appointed as “substitute custodian” or is providing dockage under contract with the substitute custodian, they have a very high priority lien that comes ahead of the banks, and most other creditors. Being a substitute custodian or providing dockage for a vessel under arrest is a very profitable gig with certainty of payment. The purpose of the typical arrest bond, is to pay the substitute custodian, including dockage expenses.
These are not scrap value vessels. They will sell at auction for much more than the cost of custodial services, including wharfage. Dock owners can charge premium rates. No dock owner is going to get “pennies on the dollar”. That’s just uninformed nonsense.
Some people have some “interesting” attitudes:
- It is what it is, nothing can be done, somehow some day it will get sorted,
- The crew are non-union scabs, so they are just getting what they deserve,
- Bouchard paid better than anyone else (basically he paid premium for being an asshole), so the crew deserves to be screwed,
- The USCG is all powerful, they can do anything,
- The USCG has no authority or ability to do anything,
- Everyone has known for years that Bouchard sucks, the crew knew better, but worked there anyway, so screw them,
I call bullshit on all of that!
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pretend its sinking rush to a dry dock then leave…
I would have left after the first check didn’t hit the bank , fuck being a company man , I have bills and family
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The Mate found the reference, you call gulf copper, you call halter, you call Gulf Marine, Colonna’s, Tampa ship and ask them if they would take a Bouchard unit…
There is a big difference between providing wharfage for a vessel under contract with the owner pre-arrest (or having it arrested at your dock), and providing wharfage to the substitute custodian post-arrest.
There are docks all over the coast that gladly provide wharfage to substitute custodians for arrested vessels.
Sometimes arrested vessels remain at anchor with a skeleton crew aboard, with the crew being paid by the substitute custodian.
Am I the only person on gcaptain who thinks it it totally unacceptable in 2020 America for the USCG to involuntarily conscript an American crew to care for a financially distressed US flag vessel at anchor or underway offshore indefinitely without pay?
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No, you aren’t.
No room at Colonna’s but between all of the lay berths in Norfolk Harbor practically the whole BTC fleet could be accommodated, they just have to get the units here.
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Exactly. Shame on anyone ridiculing those poor fuckers stranded out there…the high pay they were getting is nullified by their travel expenses. Paying for your own launch is a bit over the top. Sometimes getting a ‘better’ job or working for a ‘better’ employer is not an easy and seemless thing to accomplish.
Not all of us have had complete power over where we have landed, and where we are going.
I really hope all these bouchard mariners rebound from this shitshow somehow.
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With everything said…has anyone actually talked to anyone currently working there? Just curious…I use the term “working” liberally.
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I communicate with 2 Current captains and 3 of the office staff. The captains are long term employees of BTC and believe Morty will pull a rabbit out of his hat. I also communicate with 4 past office staff and 3 former captains, one went to Crowley one to Harley (centerline logistics) and one retired early.
The guys on the boat are a interesting mix of old loyal employees and the very new to industry. The coast guard certainly have the responsibility and authority to demand the vessels are not safety hazards in their ports. Part of that is maintaining safe manning levels. It’s not at all thier fault if Morty cannot fins crew or pay them, and yes they will hold mariners responsible for abandoning a vessel that poses a safety hazard.
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That’s right. Off topic a bit but on that subject the hit a family takes can vary a great deal. Some might be able to tighten their belts, cancel a planned vacation for a summer etc. On the other hand if it hits at a bad time a family can lose a house, spouse can’t fix a car or the kids have to drop out of school. That kind of stuff a family might never fully recover.
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Lets all of us not forget that every mariner on the BTC equipment recited the oath below as a requirement of having their credential issued by the Coast Guard.
Title 46: Shipping
[PART 10—MERCHANT MARINER CREDENTIAL
46 CFR §10.225 Requirements for original merchant mariner credentials.
(9) The oath as required in paragraph ©
© Oath. Every person who receives an original MMC must first take an oath, before an official authorized to give such an oath, that he or she will faithfully and honestly, according to his or her best skill and judgment, without concealment or reservation, perform all the duties required by law and obey all lawful orders of superior officers. An oath may be administered by any Coast Guard-designated individual or any person legally permitted to administer oaths in the jurisdiction where the person taking the oath resides. An oath administered at a location other than the Coast Guard must be verified in writing by the administering official and submitted to the same Regional Examination Center (REC) where the applicant applied for his or her MMC. This oath remains binding for any subsequently issued MMC and endorsements added to the MMC, unless specifically renounced in writing.
This is from yesterday:
Two tugboats stranded several miles off Sabine Pass, Coast Guard pushing for fix
Bouchard Transportation Company, who owns the tugboats is reportedly having financial issues, meaning they can’t pay for the two vessels to dock according to the man on board.
The crew member also tells 12News that the crew has not been paid since January 1.
So, two weeks ago the crew member says he contacted the Coast Guard and threatened to abandon the tugboat he’s on.
“It’s an all-time low emotionally,” the crew member said. “We’re not really safe out here.”
Days later on February 4, two members of each crew decided to leave by paying $1100, to get on a launch boat and return to land according to the crew member.
The man aboard also says the remaining ten people aboard the M/V Danielle M. Bouchard and the M/V Kim M. Bouchard have been working 35 straight days, a week more than a normal shift.
After members of the crew told the U.S. Coast Guard on, Monday, February 10, 2020, that they were threatening to abandon the two tugboat and barge units the Coast Guard issued “Captain of the Port” orders for both the M/V Danille M. Bouchard and the M/V Kim M. Bouchard.
MORE | “Captain of the Port” order for the Motor Vessel Kim M. Bouchard
MORE | “Captain of the Port” order for the Motor Vessel Danielle M. Bouchard
The orders notified the captain, or master, of each tug as well as the owner of both tugs, Bouchard Transportation, that the crew had threatened abandon the vessels while at anchorage which is a violation of federal law.
12News spoke with Coast Guard public affairs officer Lt. John Edwards, with District 8, over the phone Thursday.
“It addresses the safety issues concerning some of the Bouchard vessels in the area. Ensuring that Bouchard knows that those vessels need to be properly manned,” Edwards said.
The two orders push Bouchard to find a solution, but Edwards says the company hasn’t come up with a fix to move the vessels.
12News reached out to the company via phone and email, but didn’t receive a reply.
With the captain of the port orders, the Coast Guard is requiring the remaining crews to stay aboard.
“This prevents the company from abandoning the type of barge, an anchor, which poses an unacceptable risk to other vessels and the environment to the waterway,” Edwards said.
Since Monday, the Coast Guard Vessel Traffic Service-Port Arthur has been contacting both tugboats daily.
“The members of the Coast Guard’s Vessel Traffic Service, or VTS, will do daily check ins with the vessel to ensure the safety of the crew and to ensure their needs are being met,” Edwards said. “The Coast Guard’s priority is the safety of these mariners.”
The crew member who spoke with 12News says there’s no issue with food, water or supplies as of Thursday.
This is happening to other vessels across the country as well according to the person on board.
Lt. Edwards says the Coast Guard will remain a part of this issue until it’s resolved.
“The captain of the port orders will stay in place until the issues outlined in them are remediated,” Edwards said.
The person on board is calling on the local marine industry to find a way for these tugboats to dock, so the crew no longer is forced to stay out at sea.
Who is the superior officer here? Bouchard?? He have a license as admiral or something? None of the employees work for the USCG so they aren’t superior officers to the masters or mates either. They just administer regulations, sometimes. Should the USCG bring any charges against any master or mate on any Bouchard vessel be brought against them for leaving a vessel because they had not been paid any good attorney could embarrass the USCG with it’s prior lax enforcement of Bourchard. No US attorney would touch the case. The publicity would be damning.
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“Perform all duties required by law” is the catch all. If the USCG Captain of the Port issues an order it is a law. And yes the crew is required follow it.