Red Right Returning

MOVED!

2009-03-04T09:22:00.005-05:00

Red Right Returning has moved to our very own website.

www.redrightreturning.net (note, that's .NET, not .COM. Tell your friends)

If you signed up to get my posts by email, your subscription will transfer automatically to the new site, and you don't have to do anything else to keep receiving the blog. But, you should click on over there and bookmark that site, because there is much more to see and read then just the blog.

This blogger site will remain. All the old posts back to day one have been moved over to the new site, and they are also here.

Standard Deviations...

2009-02-18T13:19:00.002-05:00

more on the cport meeting....
At one point, a question was posed asking why C-PORT wasn't the logical forum for the industry to create some standards that would reflect what would be "fair and reasonable" salvage demands. This discussion was swiftly squashed as the executive director (correctly) pointed out that any discussion of prices or fees was strictly forbidden under anti-trust laws, and would jeopardize C-PORT's non-profit status.

I have some great news for Red Right Returning readers: this blog is not affiliated with C-PORT, and in fact I'm not even a member of C-PORT. I wish I could make money writing this blog, but I don't make a nickle. Even so, RRR is not subject to any laws that govern non-profit entities. Finally, since I don't own a towing company (any more), I'm free to discuss the subject with impunity, and I probably will in the near future. (Full disclosure: I am a summertime sub-contractor to a privately held towing and salvage company.)

But couldn't C-PORT at least cozy up to the issue by discussing some billing standards, or disseminating an industry wide lexicon, so we are all talking about the same thing when we use jargon like "soft-aground" or "Open Form."

The insurance industry would like to see us adopt some standards, right? OK, let's play a little game of "good for the goose, good for the gander". I say we contact the American Insurance Association , and propose that we jointly adopt the following:

C-PORT salvors will abide by the International Convention on Salvage-1989, as ratified by the United States of America, whenever applicable.
The insurance companies will refrain from ignoring or attempting to renegotiate international treaties, and instead recognize that as companies licensed to do business in the USA, they too are bound by the treaties signed by their government.

C-PORT salvors will document everything we can, with photos, video, audio, witness names and signed contracts.
The insurance companies agree that someone who has check writing authority will actually read/watch/listen to that stuff BEFORE they pass it on to an attorney.

C-PORT salvors will submit a written report detailing everything that occurred, and back up our details with the above mentioned documentation.
The insurance companies agree to submit any evidence - including verbal statements that contradict our version of the events - from their clients or witnesses to us in writing, with names and contact info for each.

C-PORT salvors agree to notify the insurance company within 24 hours after the vessel's redelivery (if not sooner) and request that a claim be opened.
Insurance companies agree to open a claim when they have knowledge of a salvage event, and provide all the parties a claim number when one is requested.

C-PORT salvors agree to submit a detailed salvage report within 15 days of the vessel's redelivery.
Insurance companies agree a supply a copy of the declaration page of the policy to the salvor within 5 business days after they receive notice that a salvage claim is pending.

C-PORT salvors agree that they are bound by the arbitration clause in signed salvage contracts.
Insurance companies agree that they are bound by the arbitration clause in salvage contracts signed by their clients.

Don't even get me started about Letters of Undertaking.

....I'm ready to duck.....let 'em fly.

TWIC Final Notice

2009-02-17T07:15:00.009-05:00

I think we're all up to date, but the deadline nears....please pass this on to all the hold-outs and doubters out there who still don't think they need a TWIC.
TWIC Information Bulletin Feb 2009

Publish at Scribd or explore others: Government Business & Legal twic

There is still one thing missing from all the notices disseminated by the USCG so far: what is the penalty for non-compliance? I have yet to see a single, definitive answer as to what they will actually do if they discover that you hold a credential and didn't get a TWIC. Will they suspend your license? Will they revoke it for life? Will they just tell you to get a TWIC and don't ever do that again?

Look, if they are going to set a deadline, fine. But shouldn't a deadline include some sort of ultimatum - a consequence for not meeting the deadline? "You do this by this date, or else!" Hello? Would someone at the USCG please tell us the consequence for blowing off the April 15th deadline.

So far, the only thing I've seen in writing is what is actually in the CFRs: (46CFR10.113)

Failure to obtain or hold a valid TWIC may serve as a basis for suspension or revocation of a mariner's license, COR or STCW endorsement under 46 U.S.C. 7702 and 7703.

Failure may serve...or... maybe not? Furthermore, 46USC7702/7703 could be interpreted as only applying if you were acting under the authority of your license. Not a single TWIC bulletin or memo from the USCG ever mentions that loophole when stating the policy of mandatory TWIC by the deadline. They all say holding, not using. Big difference.

Here is what's got my barnacles all bunched up; I think that guys who missed the deadline should suffer some consequences beyond just having to go get a TWIC. I think the USCG should issue a written policy that says so. Something like this: All mariners who failed to meet the TWIC deadline will have their credentails automatically suspended for one year. Is that so hard to say?

Sorry, the Bar is Closed

2009-02-12T07:30:00.013-05:00

Today's Federal Register contains this tidbit - perhaps not totally unexpected.
--------------------------------------
ACTION: Notice of proposed
rulemaking.

Regulated Navigation Areas;
Bars Along the Coasts of Oregon and Washington

AGENCY: Coast Guard, DHS.

SUMMARY: The Coast Guard proposes to establish Regulated Navigation Areas (RNA) covering specific bars along the coasts of Oregon and Washington that will include procedures for restricting and/or closing those bars as well as additional safety requirements for recreational and small commercial vessels operating in the RNAs. The RNAs are necessary to help ensure the safety of the persons and vessels operating in those hazardous bar areas. The RNAs will do so by establishing clear procedures for restricting and/or closing the bars and mandating additional safety requirements for recreational and small commercial vessels operating in the RNAs when certain conditions exist.

If you want to read it all, click here.

Comments - Once again, I think the USCG is passing a new regulation as a knee jerk reaction to a single, isolated case; specifically, the case of Captain Oba who defied the Coast Guard's orders and attempted to cross the Umpqua River Bar. [read details here at Professional Mariner]. A snip from the proposed regulation:

 Bar restriction. Passage across the bars located in the
regulated navigation areas established in paragraph
(a) of this section will be restricted for recreational
and uninspected passenger vessels as determined by....

So, the new regulation specifically targets uninspected passenger vessels, 6 pack charters, T boats, recreational boats etc. Oba was operating a 6 pac charter on his 38' Bertram. Here is the dumb part: the Coast had closed the Umpqua River Bar before Oba attempted his crossing, and the fool tried it anyway, resulting in the deaths of 3 of his passengers. Accounts of the incident indicate that the USCG contacted Oba numerous times to warn him off, and the offical record does say that the CG had "closed the bar" before the tragedy. [earlier post on this]

So, my question is this: Does this proposed new regulation mean that when the USCG closes the bar, it's really REALLY closed?

Discounts on A/V equip and cases

2009-02-09T13:44:00.005-05:00

Mitch Kramer from TowBoatUS North Shore asked me to spread the word about some great discounts he has for you. If you're shopping for a small, waterproof camera, or waterproof cases, check out these products below. Mitch can get you these items at very low prices, but you have to order through him. Contact him directly at seaeo1@aol.com for further information.

I especially like the EPIC stealth cam. He can get you a complete kit w/accessories for under $130.

DiCAPac -waterproof cell phone/camera cases www.dicapac.com

DryPak- waterproof cases www.drypakcase.com

Epic- video/audio still pic cameras www.epicstealthcam.com

GoPro- video/audio still pic cameras www.goprocamera.com

LokSak- waterproof bags www.loksak.com

OtterBox- waterproof boxes www.otterbox.com

PCShade- Laptop screens www.pcshade.com

StormCase- waterproof boxes/cases www.stormcase.com

Watershed-waterproof duffel bags,backpacks, deck bags www.drybags.com

Witz- waterproof cases www.witzprod.com

thanks Mitch...

Still more Derelicts in the news

2009-02-09T12:31:00.004-05:00

Photo by Keith Thorpe/Peninsula Daily News
As reported today in the Peninsula Daily News: (in Washington state)

PORT ANGELES -- A boat that was marooned in Port Angeles Harbor for eight weeks is finally high and dry.

The badly-damaged 36-foot Montana Drifter was towed from its partially-submerged state near the Rayonier property to the Port Angeles Marina on Saturday afternoon.

Jay Ketchum, owner of Affordable Services of Sequim and a professional diver, was hired by the state Department of Natural Resources to raise, secure and tow the grounded vessel to the marina, where it will be disassembled and taken to dumps and scrap yards.....

DNR contacted Ketchum about moving the boat about week ago, he said. They agreed to a contract ranging between $4,000 and $6,000 to move the boat, Ketchum said....

Gasper [the owner] was being fined $8.11 per day by the DNR, which was set to declare the Montana Drifter derelict on Feb. 16.

A couple of points, and a few of questions.

Its nice to see gov't agencies actually declaring boats as derelict.
I'm glad to see the DNR contracting out to private firms for the work.
What are Mr. Ketchum's qualifications to be a professional diver?
Is that reported fine amount correct? $8/day ???
Was that contract put out to competitive bidding?
Once the boat is on dry land, who is paying for the disassembly and transportation to the dump? Who will dispose of the hazardous materials still in the boat?

Derelict Disposal Company

2009-02-06T22:28:00.009-05:00

photo: this is one way to dispose of an old boat. I rented a skip loader back in Marina Del Rey and we crushed 6 boats in one day.

I received an email from Joe Velardo, who Googled "derelict boat" and found RRR. He has started a new company called Derelict Vessel Solutions. He has put together a small web site. Joe indicated that he was inspired to start his new company in part due to his reading of my posts here at RRR about the derelict vessel issue. I wish him luck.

Joe, if you're reading this, your web site is a nice start, but please at least add some information about where you are located and what geographical areas you plan to service. If you are really serious about a business, you should provide a contact phone number.

Contemplating Values

2009-02-05T12:57:00.018-05:00

photo: Ringo contemplates his contribution to the crew of Water Torture...

The salvage seminar at last week’s C-PORT conference included some discussion about “fair and reasonable” charges for salvage awards. I will argue about fair and reasonable in another post. Today, I want to correct what I feel was a serious error brought forth by the panel. This error was compounded when at least two members of the audience agreed with the underlying principal.

The error was this: a good way to determine if your salvage bill is fair and reasonable would be to consider how much that kind of service would be worth to you. To reinforce that idea, a panelist restated it this way: “How much would I be willing to pay for this salvage on my boat?” The implication is that if you feel the fee is more than you would be willing to pay, then it’s more than you should charge.

This thought process exhibits a failure to understand the underlying concept of salvage awards. The question is not how much is someone willing to pay for a service – the question is how much would you be willing to pay to prevent further damage or total destruction of your vessel. That is the essence of a salvage award. A salvage award is based more on what if, than it is on what happened. This is a critical distinction. Attendees of the seminar may be left with the mistaken idea that a salvor should wonder “how much would I have paid someone to toss me a line to keep my boat from hitting a bridge?”

Admiralty law poses a very different question – “what would the boat be worth if it did hit the bridge?” The real value of your effort is extracted from the answer to that question, and the final award may not always seem reasonable if you limit yourself to contemplating the value of services rendered.

The discussion further confused the issue by placing the cost burden on the boat owner instead of where it almost always falls: the insurance company. To be really precise, a well reasoned salvage award is based on this question: how much should the insurance company pony up to enjoy the fruits of your success? If you save a boat from hitting a bridge, it is well established in law that the insurance company is a direct beneficiary of your entire operation – the money you have invested in equipment, office space, your years of training and experience, your readiness and your skill - in addition to the value of your on-scene efforts. This is why professional salvors generally receive larger awards than Good Samaritans.

Considering how much you would pay for a job is an insufficient method for producing a well reasoned salvage demand, because it emphasizes what actually happened. A true salvor gets rewarded for what didn't happen.

What's in YOUR 401(k)?

2009-02-04T09:28:00.012-05:00

This year's C-PORT convention is over. It was fairly well attended, although it seemed to me like too many yellow shirts dashed for the doors at the conclusion of their conference on Friday, just as C-PORT was getting started. In this photo, John Aydelotte uses his new spyglass to scan the hallways for wayward TowBees. ARRGH!

There are a few things that came up during the conference that I am compelled to comment on - especially the touchy subject that was on the agenda for Sunday morning: Salvage. I commend Terry Hill and the conference organizers for once again scheduling a topic that historically has potential to deteriorate from discussion to food fight. (I ducked some rotten apples myself a few years ago...)

The salvage panel included Mr. Doug Wager, a surveyor and insurance adjuster with many years of experience. During his closing remarks, he suggested that marine salvors perhaps expect too much for their work. He said "Too many salvors expect to retire off of one job," and he indicated that those kinds of invoices were unacceptable from his point of view (and, by association, from the insurance industry's point of view). The context of this remark was within his comments about ethics and our choice of the marine assistance industry to make our living. (Program note: nary a doughnut was tossed, not even a cracker!)

Now, I infer from these comments that Mr. Wager feels that a proper, i.e ethical salvage award would not be enough money for a guy to actually retire on. To this sentiment I have two words: Cherry Valley.

Skip Strong was the captain of the Cherry Valley, and his masterful seamanship saved a space shuttle fuel tank (and the tug that was towing it) from certain destruction. Indeed, he was so skilled that there was virtually no damage to any of the vessels involved. The story of this salvage is widely regarded as perhaps the penultimate example of a pure salvage in admiralty law, and the final figure of $4.7 million is probably the highest dollar amount ever awarded in any salvage case. The 25 crew members of the Cherry Valley shared $1,752,642 between them, in differing portions. Keystone, the company that owns the Cherry Valley, got the other $3 million. Captain Strong personally received about $287,000 for his share. The job took 2 days.

On the final page of his book, Captain Strong writes: "My wife Annie and I could now start to look for a house in earnest." Strong didn't retire, but his award made it possible for him to resign as a ship's captain, buy a house and he now works as a harbor pilot in Maine.

Does Mr. Wager thinks Captain Strong is a greedy pirate who was able to purchase a house with ill gotten gains? I don't know, but based on his comments to the C-PORT members, I have to wonder if he would object to the Cherry Valley award - 12.5% of salved value, a percentage that is quite common in our recreational salvage cases.

The story of Captain Strong's efforts to save a tug and her barge is one of skill, courage and extraordinary seamanship, and the salvage award that prevailed was argued, appealed and litigated at the highest levels of our courts. The case of the Cherry Valley is a modern affirmation of the concepts behind Blackwall and SalCon89. I don't see anything in there about retirement.
SalCon89

Publish at Scribd or explore others: Business & Legal

New on the book shelf: Salvage, A personal odyssey.

2009-01-30T08:12:00.004-05:00

I received an interesting book for Christmas that you might like. SALVAGE, A personal odyssey by Captain Ian Tew. From the back cover:

Ian Tew joined Selco Salvage of Singapore in 1974, and spent over a decade on the front line. Already an experienced master mariner, he learnt the salvage trade in the busy waters of the Far East before rising to command some of the world's largest supertugs, eventually becoming a roving salvage master. In his odyssey he roamed the world, from the coast of Cornwall to the Southern Ocean, from the Gulf of Suez to the dangerous reefs of the South China Sea.

This is not a "how to" book by any means. Instead, this is a fairly interesting and well written account of Captain Tew's experiences during a his career as a salvage master. Each chapter is a narrative focused around the events of a particular salvage; what happened, who was involved and how it turned out. Captain Tew deals with foreign officials, bad weather, open forms, drunken crews, and reluctant salvage boat engines.

Captain Tew's memoir leaves you with a good sense of the life of a big ship salvage master; the excitement, travel and adventure and people involved, and his personal satisfaction of completing some very challenging jobs.

Salvagers claim they've found world's most valuable wreck

2009-01-25T07:30:00.001-05:00

Google search sent this to me:
Salvagers claim they've found world's most valuable wreck

Salvagers claim to have found the world's most valuable wreck - a British ship sunk by a German submarine while laden with a 2.6 billion pounds worth of cargo that included gold, platinum and diamonds.
In a project shrouded in secrecy, work is due to start on recovering the cargo, which was being transported to the United States to help pay for the Allied effort in the Second World War.
The scale of the treasure trove is likely to lead to a series of competing claims. Salvage laws are notoriously complex and experts say there could be years of legal wrangling ahead.

This should be entertaining, to say the least. Hey, if this money was meant for the US Gov't, maybe it should be lumped in with the bailout funds?

Colorblind

2009-01-23T10:07:00.016-05:00

WTF? I know, what the heck is that boat in the picture? That's a bad photoshop job, mostly. But it represents what this post is about: towers towing for more than one network. Now, before you get all freaked out and begin your mental list of all the reasons why that will never work, just hear me out.

Exhibit One: It is no secret that Safe/Sea is the contract tower for Boat/US, and they also sell their own towing membership throughout their state of Rhode Island. Contrary to what your intuition might think, this arrangement has been wildly successful for all parties: for Safe/Sea, for Boat/US, and for all their customers and members. Safe/Sea gets a reliable stream of assistance jobs that are paid for by Boat/US, thus keeping their boats and captains working and making money. They also benefit from direct calls to Boat/US that result in a salvage case.

This extra income streams has helped Safe/Sea build and maintain what is arguably one of the fasted and most up-to-date fleet of towboats in the business. This fleet of towboats helps Safe/Sea market their local membership, and contributes to their ability to retain qualified captains. Safe/Sea has had the same core group of 3 staff captains (4 if you count me) since I started there in 2003. Safe/Sea members get great service at extremely competitive annual dues. What they give up is nationwide coverage. Members who boat exclusively within state waters don't care about nationwide service, so they can save a few bucks on joining a local company.

Boat/US members in Rhode Island have access to this fast, modern fleet that is manned by well paid and experienced captains; this fleet is subsidized, however, by the Safe/Sea membership program. I don't believe that you could maintain this level of service if it was based on Boat/US income alone. This is not a minor point. Having a fleet of modern, clean and well maintained boats is a mark of excellence in this industry that both increases the marketability of your program and also leaves a lasting impression on members who actually receive service.

Customer service is the nexus of this symbiotic relationship. The reason both companies endure this situation is that it allows each company to exceed the level of service it could otherwise muster on its own.

Exhibit Two: Block Island, a small summer cruising destination in New England, about 12 miles from the nearest mainland port. Safe/Sea has had a seasonal presence there for many years (which means that Boat/US has too). Block Island is within the SeaTow RI area, but the short season and expensive cost of living out there has remained an obstacle to SeaTow's ability to station a yellow boat out there. I'm not trying to disparage SeaTow here; the brands could easily be switched around in other markets. The point is that I could probably handle all of the SeaTow member cases that happen within 5 miles of the island. Indeed, many of the assistance jobs at Block Island actually happen inside the Great Salt Pond, where 1500 boats are anchored, moored or at a marina every summer weekend. Most of the time, SeaTow members have to wait for a towboat to come over from the mainland, even for a simple jump start. Now, put aside all your issues of payment and contract rates and just think about this from the customer's point of view. He has to wait a couple of hours because the market he broke down in is too small to support more than one towboat, and his brand is the odd man out on Block Island.

Well, what I say is too small is not the market, but the pettiness of the networks and their adherence to contractor exclusivity. It's time to develop some policies that will allow more cross pollination in markets that can't support all these differently painted boats. You can't create a membership franchise on an island that only has about 100 registered boats. But how can you service your transient members who show up every summer by the thousands?

Lets figure out a way to build strong, sustainable towing companies that can flourish outside the traditional big coastal markets like Florida. As the economy gets really tight, the small market towers are going to suffer enough without having to endure having the local assistance pie chopped up into two, or even three pieces.

I purposely bring this up now, just a week before C-PORT, in an effort to stir the pot and promote further discussion while we're there.

Future Merchant Mariner Credential?

2009-01-14T13:00:00.003-05:00

With the mandatory imposition of the TWIC, we heard some discussion about the future of the Merchant Mariner Credentials. Credentials are Licenses (like 100 ton or OUPV), Certificates (like STCW), Endorsements (like Radar), and the like. Basically, a Credential gives you the authority to preform certain duties, or proves your proficiency in training for certain tasks. Vessels can be documented, but a vessel's document is not a Credential. Merchant Mariner Documents (MMDs), on the other hand, are Credentials. Got it?

The USCG has been contemplating combining all your credentials into one place, and an idea that is gaining traction is a "passport" style booklet.

I got the monthly performance update from the Nat. Maritime Center, which you can see here. The update is just 16 page powerpoint style PDF that has lots of charts and nonsense that amounts to some self-congratulations on the part of the NMC.

Even a blind squirrel roots up an acorn once-in-awhile. On page six I found this very interesting little picture, a copy of which you see here. The graphic implies that this passport style Merchant Mariner Credential is the product of the NMC credential center. A sign of things to come?

You saw it here first (unless you saw it someplace else already...)

Upside: this will be much easier to carry around than the current 8x10 license.

The Boat Ballet

2009-01-14T12:27:00.006-05:00

Bow thrusters? We don't need no stinkin' bow thrusters!

Don't try this with your twin outboards, or even your twin inboards! Single screw guys can only dream.

If you don't see the YouTube screen, click here to watch.

Weather, relatively speaking

2009-01-12T07:33:00.001-05:00

My post on the sailors who where towed by the USCG after departing into some lousy weather received a number of comments, and I was surprised that most of the comments were to scold me for "being to harsh" in my criticism of the MOONSHINE's crew. (No one challenged the idea that the USCG might charge for services in cases like this.)

Too harsh?!? I should have gone on more about how astounding (arrogant? ignorant?) it was for a sailboat crew with plans to cross from Rhode Island to Puerto Rico to claim that some misfortune of bad weather had abruptly ended their voyage. The weather they encountered was a winter gale, with winds 35-40kts and seas 8-12'. Those conditions are certainly not enough to end the voyage of anyone who's planning includes even the most basic understanding of what one might be expected when, you know, you are planning to cross the ATLANTIC FREAKIN' OCEAN!

To put some perspective on the weather encountered by those sailors, I present the following video, taken by Steve and Linda Dashew [CLICK HERE TO WATCH]. As you listen to Linda's narration, you will hear her say that they have been waiting for gale force conditions, so they could shoot some video and test their boat. Their weather? Steady 35kts, gusting 50, seas averaging 15'-20' with larger swells. Watching this video, you might imagine that a nice hot lunch was about to come up the companionway ; knowing the Dashews, I'll bet it did.

Please don't bother to point out the differences between the WINDHORSE at 83' and the MOONSHINE, at 45' -- both boats are ocean capable -- the difference that separates the two stories is the crew. I don't think the crew of the MOONSHINE would even have been able to get the WINDHORSE to Puerto Rico. Had video of a Nor'east snow storm been their objective, I dare say the Dashews would have no problem sailing the MOONSHINE south on the very same day that caused the MOONSHINE's actual crew to call the USCG.

In some respects, bad weather is relative. Once you've sailed in 45kts of wind, 25kts is just another day sail; once you've been in 60kts, 45kts is just another gale. Weather that caused one crew to activate their EPIRB is an just an opportunity to shoot some good footage to a different crew. It is their experience that allows the Dashews to confidently wait for a good gale before heading into the Tasman Sea to take some video of gale force conditions. The MOONSHINE crew were completely out of their league and had to call for rescue just 25 miles into their 1600 miles voyage. It wasn't a "bad storm" that caused the problems for MOONSHINE, it was that relative to their experience, the conditions seemed like a bad storm to them.

The apologists point out that the MOONSHINE's engine failed and the sails were ripped. I believe that those issues are a matter of poor maintenance and lack of seamanship rather than a direct result of a fresh gale. A photo of the boat after she was towed clearly shows the mainsail furled on the boom, and it doesn't appear to be damaged.

Look, we all know what happened: this skipper's bad weather strategy was to lower the sails and motor. We see this all the time from inexperienced coastal cruisers. They either don't understand how to or are not equipped to reef, and can't control the boat under full sail, so they motor. Well, with 10' seas, its likely that the fuel was stirred up, fouled the filters with sludge and that was all she wrote. Remember, this boat was heading south with NE winds. You are telling me that he couldn't make way with a reefed main?

Here is where my ire surfaces: the fact that the captain of the MOONSHINE didn't have enough experience to understand what he was in for does not give him a pass. To say "Aw, shucks Doug, give the guy a break" implies that what happened was somehow beyond the control of the captain. To cut this guy any slack is to ignore the facts; that captain chose to leave a safe port, so he placed himself in circumstances that were completely within his control. He flagrantly ignored or disobeyed every tenet of prudent seamanship and to excuse his behavior as a landlubber is to insult the truly lubberly.

My brother has done a fair bit of ocean sailing, and when the subject of getting caught in bad weather comes up, he says "You can only pick your weather on the first day of any crossing."

Now you know

2009-01-10T14:39:00.006-05:00

THE PLAN

In the beginning were the Assumptions.

And the from the Assumptions and idea took form. Thus from nothing, the PLAN was born.

And the Workers evaluated the PLAN. And they cried, "This Plan is a crock of shit, and it stinketh."

And lo, the Workers went unto the Supervisors and pleaded, "It is a pail of dung, and none may abide the odor thereof."

And the Supervisors went unto the managers, saying, "It is a container of excrement, and it is very strong, such that none may abide by it."

And the Managers went up high to the Directors, and claimed, "It is a vessel of fertilizer, and none may abide by its strength."

And the Directors conferred amongst themselves and forecast that "It contains that which aids plant growth, and it is very strong."

And the Directors went forth to the Vice-Presidents, offering their prediction that "It promotes growth, and it is very powerful."

And the Vice-Presidents climbed the highest tower and unto the President gave their prophesy, "This new PLAN will actively promote the growth and vigor of our company, with powerful effects!"

And the President looked upon the PLAN, and saw that it was good.

And the PLAN became policy, and it was implimented...

And that, dear friends, is how shit happens.

Diving Service Membership? Hmmm.....

2009-01-06T06:24:00.005-05:00

I guess it was bound to happen. A company called Pier 88 is offering a $99/yr membership that covers underwater services like prop disentanglement, hull inspection and propeller removal services. See their web site here:

http://www.pier88diving.com/index.html

If you go to the "About Us" page you will find both a SeaTow and a BOAT/US logo at the bottom of the page. Each logo links to the respective company's web page. While not explicitly stated, the presence these logos suggest (at least in my mind) some kind of affiliation between Pier 88 and the towing networks. Indeed, their entire web site seems to use words like network and affiliate a lot. However, when you click on to the "locations" page, all you get is a tiny map with itty-bitty dive flags surrounding the coast of the USA.

UPDATE: The network logos were gone within 48hrs of my first post. Wow, somebody is reading RRR.

I admit that I suffer from a generally suspicious nature, so my first reaction is to point out all negatives and get all contrairian. But the more I thought about this, the less inclined I was to just discard it right off the bat. A few random thoughts:

Its always good to see the promulgation of the service-to-private-prepaid-members business model.
Its nice to see someone else re-reinforce the idea that our kind of work costs money, and that purchasing a pre-paid service contract is a good idea.
Do the divers provide proof of insurance to Pier 88? Does Pier 88 carry some kind of liability insurance?
Do the divers have to provide their own transportation to the disabled boat?
Does Pier 88 impose a time limit or depth limit on their divers?
Does anybody care that they display the aforementioned logos on their web site?
Now that somebody has actually marketed this idea, can we afford NOT to?

They claim "2500 members and growing" - that's a quarter million bucks per year in memberships. I wondered how much they pay the divers so, I emailed them and asked that question. I received a very polite and prompt reply that they pay whatever the diver's standard rates are. No imposed contractual discount rate and all that crap, just an honest "yeah, we pay the bill."

This an opportunity for our networks to create a similar, competing product, just as we have with the Trailer Assist concept, which competes with other over-the-road products. What a great way to increase the membership income! Couldn't SeaTow and BOAT/US offer "incidental diver service" for an extra $99/yr on top of the premium memberships to cover up to one hour of disentanglment, lost item retrieval, damage inspection - that kind of thing?

Oh, I hear all the objections out there: We're not all divers; we don't all have access to divers; the diver rates vary too much; we don't want the liability; I don't want my captains diving; I worked hard to build a relationship with my local diver and don't want to compete with him....blah blah blah. The objections are mostly logistical and can be overcome. A simple disclaimer of dive service may not be available in all locations would pretty much cover the bases. If, on the very rare chance that some member's problem can't be solved due to the lack of a diver, how hard is it to just offer him a refund of that extra $99?

On the other hand, who is the most logical industry to provide prop disentanglments and similar low risk diver services? Not only do we get those calls first, but we have years of experience overcoming objections and logistical hurdles like liability, price points, training. We have a huge customer base, a fleet of boats and many, many divers already among us. Just from a resource point of view, this makes way more sense than offering an on-the-road trailer towing service.

If the national networks could sell 30,000 or 40,000 of their members on the extra diver coverage, that would add $3-4 million to their coffers. Man, I could cut a bunch of lobster pot line for that kind of money.

What WOULD the Coast Guard charge?

2008-12-30T09:25:00.011-05:00

Yesterday, we wondered aloud about the question of whether the USCG would ever actually charge for a non-emergency response to rescue foolish, or reckless boaters. I ended that post with "I wonder what the hourly costs for running a 47' MLB are?" The question somewhat rhetorical in nature, as I figured that the answer was buried someplace deep in a CG spreadsheet.

I forgot about the new, digital age where so much information is readily available. Even better is the participating in the new age of blogging, where sometimes information comes to you.

Charlie Meyer over at TowBOAT/US Lake Ozark sent me the link to this very interesting document. It seems that the USCG has published the hourly rates they would charge for all their assets like boats, ships, aircraft and personnel. Enclosure 1 (pasted here, click on it to see a bigger version) is titled "Hourly Standard Rates for Cutters, Boats & Aircraft" - how handy is that?

So, not only did my rehtorical question get anwered, but an even better number is presented here: how much would the USCG actually charge a non-government customer (like an insurance agency) for providing service. These are hourly rates, and they include the costs of paying the "normal" crew.

According to the chart, a 47' MLB is charged out at the non government rate of $4189/hour. The sailboat that was towed in from south of Block Island on Dec 19th was towed for 7 hours. Lets say 2 hours to get on scene, plus 2 hours to get back to base from Montauk (where they towed the boat); a total of 11 hours of service. That's $46,079! We are not even close to the total yet. The official report states that the CG also launched a helicopter from Sta Cape Cod. Figure another 4 hours for a HH65A at $9855/hr = $39,420 for the aircraft. So far, I'm up to $85,499 to find and tow a sailboat about 20 miles. That doesn't include any costs for the SAR center costs.

The sailboat from the story, the MOONSHINE, was a 45' Starratt sloop. Here is one for sale in FLA asking $39,000. Why is the USCG spending $85,000 to tow a $40,000 boat? Because they don't put a price on saving lives, and the act of towing this boat was their way to get these seasick sailors home. Okay, I get that.

Suppose, however, that the CG policy was to send a bill if it turns out that the rescue operation was necessary because the boater was reckless or negligent in his duty to conduct a safe voyage? Unforeseen circumstances are one thing, but leaving a safe harbor to begin an ocean crossing when a winter Nor'easter is bearing down on New England is acting with reckless disregard for the lives of everyone involved.

If the USCG started charging for services that were deemed 'non-emergency', what would that achieve? First, it would lower the burden on taxpayers (I admit, not much, but it's the principal of the thing) and shift the costs of non-emergency rescues to the boat owners and their insurance companies, where it belongs; 2) it would punish reckless behavior with a financial dis-incentive, and; 3) it would drive more boaters to use private sector solutions like our industry. The owner of the MOONSHINE could have hired an ocean tug out of Providence RI for $10,000/day

This marks the 100th blog post for 2008. 100 is a nice round number, so I'll make this my last post of this year. See you next year!

Will the Coast Guard ever charge for service?

2008-12-29T07:09:00.015-05:00

Two news items caught my attention this week. First was this USCG story about the search and towing of a disabled sailboat just south of Block Island last week. [the story is also covered here with a picture, and here with comments; searching Google News returns more of the same] From the USCG news page:

BOSTON - The Coast Guard rescued four people aboard a storm-ravaged sailboat Friday, about 7 miles south of Block Island, R.I. The crew of the 45-foot Moonshine left East Greenwich, R.I., Friday morning, bound for Puerto Rico, when they were caught in an offshore storm, which ripped their sails and disabled their propulsion. They activated their emergency position indicating radio beacon (EPIRB)....

Gosh, where do I begin? One common thread through all the eight separate news reports I've seen is that this boat was "caught in a storm," or even "caught in an offshore storm". That is total bull, as the Nor'easter that slammed New England on December 19th was well predicted; no competent sailor would have been caught by surprise by that storm, nor was it somehow offshore. It dumped snow all over Massachusetts and New Hampshire.

Every account of this rescue says the boat left their marina on Friday morning. At 0607 that morning, the NWS issued this weather forecast for the area:

HAZARDOUS WEATHER OUTLOOK
NATIONAL WEATHER SERVICE TAUNTON MA
607 AM EST FRI DEC 19 2008

NORTHWEST PROVIDENCE RI-SOUTHEAST PROVIDENCE RI-WESTERN KENT RI-EASTERN KENT RI-BRISTOL RI-WASHINGTON RI-NEWPORT RI-
607 AM EST FRI DEC 19 2008

...WINTER STORM WARNING WARNING IN EFFECT FROM 10 AM THIS MORNING TO 3 AM EST SATURDAY...

THIS HAZARDOUS WEATHER OUTLOOK IS FOR NORTHERN CONNECTICUT....NORTHERN RHODE ISLAND AND SOUTHERN RHODE ISLAND.

COASTAL WATERS FROM MONTAUK NY TO BLOCK ISLAND RI TO MARTHAS VINEYARD MA TO NANTUCKET MA SOUTHEAST TO 20 NM
607 AM EST FRI DEC 19 2008

...GALE WARNING IN EFFECT FROM NOON TODAY TO 7 AM EST SATURDAY...

These weather forecasts alone are enough to establish that these sailors were not caught in a storm - they began their voyage in only one of two ways. Either they departed despite the forecast, or they never listened to the weather at all. It's hard for me to argue which of those two options is the more despicable. In any case, due to a raging blizzard and gale winds, the USCG performed admirably and towed these fools from the deep-doo back to safe harbor (atta-boys to the crew at PJ and he helo pilot, you know who you are!). Meanwhile, the family of the of the sailboat's captain claim that the MAYDAY was merely a result of a seasick crew [see end of this story] and there was nothing wrong with the boat. Photos of the boat after the tow shows what looks like a nicely flaked mainsail wrapped over the boom, indicate to me that the vessel was probably capable of making way on her own power despite the shredded jibs.

Bonus question: did the Coast Guard really tow that boat for 7 hours with the foresails hoisted like that, just flapping in the breeze?

Now, on to the second story, which is this article in the NYT : Those Lost in Wilderness May Find Bill for a Rescue.

In response to the multitude of hikers, cross-country skiers and others who venture unprepared into the wilderness, become lost and have to call for help, the State of New Hampshire is billing people for rescues stemming from their own negligence, like not taking a map on a hike, wandering away from a group or going out in dangerous conditions....
Since 1999, 20 groups or people have been rescued and charged, and the state — which collects only what it costs in equipment and personnel for a rescue — has recouped $47,000. Officials said only two people who were rescued have not paid. Those billed who do not pay could face civil charges.

I find it interesting that many of the private comments left by readers of the sailor saga mention that they should be charged for the Coast Guard's response. Count me in for that idea! Can someone please explain the difference between a mapless hiker and a clueless sailor? Who can argue that the master of the MOONSHINE hasn't acted recklessly, even negligently? Why should this guy get a free pass, yet a hiker with no map gets charged?

The irony here is that most hikers don't have any ready access to an insurance policy that would cover the costs of rescue and probably end up paying the bill out of their own pockets -- unlike most boaters, who actually have at least one, if not TWO (counting hull insurance and membership towing) sources of funds to help offset the costs of getting help. So if the Coasties started to charge for situations like the one above, the boater could probably send the bill to his insurance company.

I wonder what the hourly costs of running a 47' MLB are?

Area Maritime Security Committees

2008-12-24T05:36:00.008-05:00

Found this item in today's Federal Register:

This notice requests individuals interested in serving on an Area Maritime Security Committee in any Captain of the Port Zone, nationwide, to submit their applications for membership to their local Captain of the Port. These committees advise the Secretary of DHS, through the Coast Guard, on matters relating to maritime security in their geographic area. The AMSCs shall assist the Captain of the Port in the development, review, update, and exercising of the Area Maritime Security (AMS) Plan for their area of responsibility. Such matters may include, but are not limited to: Identifying critical port infrastructure and operations; identifying risks (threats, vulnerabilities, and consequences); determining mitigation strategies and implementation methods; developing strategies to facilitate the recovery of the marine transportation system after a transportation security incident; developing and describing the process to continually evaluate overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied; and providing advice to, and assisting the COTP in developing and maintaining the AMS Plan.

Joining the local AMSC could lead to local security opportunities for your company. Even if your not interested in that aspect, being on the committee would provide a great way to meet and network with your Sector's senior staff on a regular basis. Instructions for applying are found on the second page of this PDF.

Sunk Costs - by David Axe

2008-12-21T15:57:00.005-05:00

Here a rather lengthy but well reasoned summary of the overall state of the USCG, and particularly the Deepwater Program: click here for Sunk Costs - David Axe (one quick quote)

The ultimate result of Deepwater’s travails is that a well-respected agency—the only one, in fact, to perform admirably during Hurricane Katrina—is now finding it increasingly difficult to carry out its core mission. Even before Deepwater sprung leaks, the Coast Guard was struggling to be both an overseas counterterror force and a domestic safety and law enforcement agency.

This is a pretty long article, but definitely worth the time.

Harbor Patrol funding in new economy

2008-12-18T08:42:00.015-05:00

A recent item in The Log Newspaper (So. Calif's major marine news source) caught my attention. It's a story about officials of Orange County thinking that it may be time for some local cities to ante up tax money to cover the costs of operating harbor patrols. The news of budget cuts by the county supervisors scared the hell out of the Sheriff's department:

Shocked representatives from the Orange County Sheriff’s Department voiced their opposition to the county’s plan to abandon harbor patrol funding, emphasizing that move could interfere with the department’s ability to secure federal grants to ensure homeland security in the county’s harbors.

Read that part again: the sheriff department is worried that a lack of county funding will mean the loss of federal funding from DHS. OH NO! we can't have that. How telling that nothing is mentioned about actually helping boaters, or saving lives, or enforcing boating laws. Nah, it's just about justifying the funding.

Lest you think I have just cherry picked one quote to overstate my point, I urge you to read the entire story.

In fact this issue isn't new. Here is an LA Times story from back in 2006 about the very same issue. The difference now is that the all the local funding agencies (state, counties, cites) are out of money, having bet their future budgets on increasing tax revenues which have now disappeared. The one agency that may still have some funds is the DHS, which explains the OC Sheriff's quote.

Note to East Coast readers: In California, Sheriff Departments are funded and operated by counties. Many of the largest harbors in SoCal are patrolled by Sheriff Departments, even though the actual harbor is owned by a city...

You see, if the OC Sheriff isn't actually patrolling those harbors, then they don't qualify for harbor security funds. The DHS doesn't care a rat's patoohty about drowning surfers and boaters with dead batteries. Oh no, they give grants for side arms and .50 CAL tripod mounts and night vision equipment.

The county tax collectors (supervisors) are out of money, and can't continue their traditional subsidizing the city harbors that are within their boundaries, so they're attempting to force the cities to pay their fair share by either sub-contracting with the county for harbor patrol service, or face the costs of creating a city owned/funded harbor department.

BUT, if either of those things happen, then the county will loose the opportunity to apply for DHS funds. Obviously, if a city starts their own harbor department, then they are the agency that would apply for DHS security funds. But even if the city like Newport Beach sub-contracts to Orange County for harbor service, wouldn't it be the city who would is the overriding authority, meaning the DHS grants go through the city coffers first?

The OC Sheriff seems to imply that if they don't get DHS money, no one will, thus leaving the harbor unprotected. What nonsense. I don't for a second think that the DHS will stop the flow of harbor security money out to whatever agencies are responsible for patrolling each harbor. The money will just go to a city, or the state, or whoever is the authority in that locale. But, gee, the OC Sheriff may not get that new armored personnel carrier now...

I've been harping on this funding issue for years, asserting that the way to reduce the competition from the MUNIs and LEOs is to attack their funding sources, rather than trying to convince them to change their operational policies. Now, it seems, may be the perfect time to remind the politicians (not the sheriffs) that a private industry remains ready to help distressed boaters, and that a few less county boats and patrol personnel does not necessarily lead to more boater tragedies.

Good New Bad News, I guess

2008-12-04T15:06:00.003-05:00

Crude near four-year low on demand concerns

Oil prices will stand at $43 on average in the first quarter of 2009 and $45 in the second quarter, the Merrill analysts wrote in a recent report. They also expected an average price of $56 a barrel in the second half of 2009.

The good news is that next summer's fuel dock prices are expected to be a lot lower than they were in 2008.

The bad news is that oil's dramatic drop in the past six months is a sign of the falling world economy. The sky is falling!

Caveat Emptor: the analysts quoted are from Merrill. Aren't these the geniuses who bought and sold a trillion dollars of credit default swaps?

Is that a Blog in your pocket, or are you just happy to see me?

2008-11-24T17:15:00.013-05:00

The last time I posted, oil was at $123/bbl., and diesel at the docks was hovering around $4/gal. Sarah Palin was all the TV media talked about, the polls showed McCain and Obama were neck & neck., people were still buying shares of Citibank....ah, the good old days - last month.

Yesterday, I put gas in my truck for $1.55/gal. I'm thinking about burying a tank in the backyard so I can hoard a few thousand gallons at that price. Only problem is I can't even afford to buy shovel.

Anyway, I took a month off from RedRightReturning to rest my typing fingers and gather my thoughts. I had some surgery back in early October, and evidently the medications were still working when I thought I posted a heads up to my readers concerning my extended hiatus. Hey, you get enough Vicadin in you, all the keys look the same, OK?

So, the outlook for next year kinda sucks, huh? How did you do this past season? I hoped you acted like a scared squirrel and hoarded every penny you could. The next eighteen months are going to be like one long, bad storm, and as good sailors, now is the time to batten down the hatches, clear the decks, breakout the foulies and hope to ride it out. If you've got a safe harbor, double up the docklines and stay put. One could flog this sailor in a storm metaphor to death...

Here is my plan: due to rising Internet connection costs, and a frozen Visa card, RedRightReturning has petitioned the US Government for $700 to bail me out. Hey, if you do the math its a reasonable request. $700 is only 0.000001% of the $700,000,000,000 approved (so far!) to bailout the economy. There are 3,135,600 seconds in a decade, which means our government will be spending $2230 PER SECOND for the next ten years, just on the bailout! You would think, someplace in that time frame, they could spend a nano-second and send me a check, don't cha? So far, I haven't heard from the treasury...

Dual Citizens, Part 2

2008-10-14T13:32:00.007-05:00

I left off Part One with these questions:
So, some boaters have actually, voluntarily ponied-up double what the networks are charging. Can you imagine how many more might be sold on that price, if only someone would put some effort into marketing a membership product at that price?

Obviously, there are far more boaters who are shopping price on every purchase, and the marketing guys have to keep that in mind. But there is a nuance here that I fear has been lost. If you sell a product, and you that some of your customers are willing to pay double your price tag, what have you missed?

And now, to continue my thoughts: let me begin by affirming that a large majority of the boaters who are buying memberships are very price conscious and consider (indeed, even obsess over) the price of every single boat related purchase. Price, however, is not the only consideration for a final decision; perceived quality and brand name recognition also play a part in buying decisions. I have never, ever, seen a Boat/US Insurance ad that claims they are the cheapest insurance. And for good reason – you don’t want to be selling the cheapest insurance; you want to be selling the best insurance.

When your sales department focuses on price, Price, PRICE, they do so at the expense of things like brand name and quality. Please notice I said sales department, not marketing department. The two national brands do market brand and quality, but their marketing people don’t set the price, they just sell the product at the price they are given. This is the point I was trying to make when I said, “if only someone would put some effort into marketing a membership product at that price [of two memberships]…” No one has given the go-ahead to market the $300 card, so the Dual Citizens have invented their own.

For years the major brands have grudgingly proceeded with tiny membership increases, always afraid of losing customers to the other team. Why do I care? Because requests for increases in contract towing rates are generally deflected as beyond the capasity of the gross memerbship revenue.

The legacy of holding membership prices down has finally backfired, and now prices are so low (see part one for a discussion about adjusting for inflation) that boaters are actually buying BOTH, rather than choosing one over the other -- if only because they find the annual fee is so ridiculously cheap when compared to costs of non-member service.

I am not advocating we return to the multitude of "level/limit" cards like the old $150/$350/$500 days. No sir, what we need is the super, super-duper and Nuclear cards. The Nuclear card would come pre-authorized for the boater to use any tower he wants up to $5000 per incident. It's cost? $300/yr.

As long as we’re on the subject of marketing - I wish they would stop publishing ridiculously low non-member rates in the sales literature, as Boat/US has been guilty of. Phrases like “These charges average between $150 and $200 per hour!” are quoting the very lowest rates, not the national average. Towers in New England are all getting over $200/hr, some as high as $350/hr. Quoting unrealistic non-member rates makes it harder to sell the membership concept, not easier. The networks wouldn't have an agenda to hold the non-member rates down, would they? Nah....

Derelict Boat Issue Hits the Big Time

2008-10-03T08:23:00.005-05:00

....as in Time Magazine, which printed an article titled America's Underwater Junkyard this week. Here is a snippet from that article:

Legislation is slowly beginning to change. Since 2003, Washington State's vessel removal program has led a crackdown on derelict boats, using ramped-up boat-registration fees as funding for the program, which has so far cleared 188 boats. "It gave us financial capability plus the legal hammer if we needed to use it," says Doug Sutherland, the state's commissioner of public lands. Other state officials have expressed interest in Washington's model. In September, the California legislature passed a bill to increase fines to owners of derelict vessels. And last year, the U.S. House of Representatives passed an act that
gives NOAA funds and authorization to remove abandoned vessels damaging coral reefs.

I've been harping about this issue since the second blog I ever put up way back in February of 2007: Derelict Boats create income opportunity.

So, two thoughts from me today:
A) I hope that C-PORT keeps abreast of this issue, as I predict that federal money earmarked for this kind of work will probably flow through the USCG, and we should ask that the funds be spent through competitive bidding to private industry, rather than just federal grants passed down to local and state authorities. If a few million dollars for derelict vessel removal ends up in the hands of places like Orange County, CA, you can bet our industry will never see a nickle of it.

B) I predict that in the next 10 years, derelict vessel retrieval and disposal will become a multi-million dollar industry, fueled almost entirely with public funds. A large portion of abandoned vessels are under 60' in length, and our industry has the resources to retrieve a bunch of those.

However, getting this kind of work will require determination and active particpation on your part, rather than just waiting around for the phones and radios to announce a job opportunity.

All indications are that next year will be a slow one for recreational boating, and that will mean less towing. If you have boats and pumps and divers and lift bags and manpower, you should begin planning to find alternative ways to keep those resources busy.

Here is one idea that I might try if I knew where there were derelicts in my AOR. I would go out and find these boats, take pictures, record the LAT/LON and the physical particulars like length, construction and condition. I would put all that into a database. Then, I would create a document that summarizes all this information and get that document into the hands of every single agency I could find.

Two things might happen. Someone might actually want the details, and I would offer to sell my data for a fee. Even better, decision makers at the agencies will probably view my company as one of the experts in this field, and that increases my chances of getting some of the work.

Traveler'sGate?

2008-09-30T14:04:00.025-05:00

I use a service called FeedBurner that helps me keep track of how often people actually visit RRR, and manage the email subscription service. The graphic here shows the top six most visited pages for the last 30 days. (click on it for a larger view)

My post about Traveler's Insurance buying back their umbrella logo continues to be the most popular single topic, even though I posted that muse back in June. Gadzooks! (#1 and #3 on the list are just the home page links of RRR, and don't refer to any particular post.)

Based on my FeedBurner reports, I've suspected for months that a link to my post is being passed around the halls over at Traveler's, which is the only explanation I can think of to account for the continued popularity of that post month after month. I seriously doubt it is any RRR regulars, as most, if not all of you read that post way back in June. Is someone at Traveler's out to get me? Could they actually be passing links to my umbrella post around the office? I don't even own an umbrella, for cryin' out loud!

Go back and read my original post. I took a swipe at Traveler's for spending millions to get their logo back; a little poke in the ribs, nothing more. Yesterday, someone named "Jess" left this comment on that post:

i work for travelers in the flood claims dept...you may want to reword your article, only due that we follow regulations of the federal government...meaning that we have to follow certain rules in the entire insuring process

AHA! People who work at Traveler's actually DO read my blog. (Evidently they don't use capital letters, lack basic grammatical skill and generally speak in non sequiturs and sentence fragments - whatever...)

What the heck does flood claims have to do with marine salvage? Why are people in the flood claims department reading Red Right Returning? Is Jess a boat owner? What part of my post needs rewording? Did 179 people at Traveler's actually have time to read that post in the last 30 days? What federal regulations? What's going on here? WTF!?!

Can you say conspiracy? I think someone should call Oliver Stone!

Dual Citizenship

2008-09-28T15:10:00.005-05:00

Am I the only one who is surprised by the amount of boaters who actually have more than one membership? This phenomenon is more common on the East coast, where the mix of national membership networks is for more equal than on the West coast. What I mean is, out west, many boaters have never even heard of Sea Tow, whose presence is pretty much limited to Southern California. Vessel Assist's (now Boat/US) market share out there is so great, folks pretty much figure there is VA and there is 'you pay'.

On the East coast, neither network enjoys that kind of dominance, and most boaters up and down the eastern seaboard would recognize both brands. They also know that, when you need help, if you can't get Brand A, you can almost always get Brand B. The reasons for this are varied; in part due to the geographical strengths and weaknesses each network has up and down the coast. If you're 100 miles away from your yellow harbor, you may find yourself in a territory with more red boats (and visa/versa). Furthermore there are areas where the market saturation has reached parity, and no one brand really dominates. In those kinds of markets, it's very likely that one brand or the other may have a long ETA on a busy day. Disabled boaters don't want to wait. They don't even want to take the risk of waiting, so they join both.

Let me repeat: they join both. This deserves some exploration, because it flies in the face of some common wisdom.

First, I ask that you stipulate that these dual members are informed boaters, as opposed to crazy fools. They have been around the bay long enough that they have gleaned the value of having an assistance membership. They have probably been a member for years, and they read the local and national boating publications. Perhaps they have even used the service. They are savvy enough to understand that Sea Tow and Boat/US are actually separate, competing entities, offering separate products. My point is the dual citizens weren't duped by some salesman pitching both brands (never happens), and didn't somehow end up with both through some ignorance on their part. They made a conscious, and in their minds informed decision on paying for two memberships.

Now, maybe you are thinking these are just belt & suspenders guys, boy scouts who never leave home without spare batteries and a full tank of gas. There is probably some truth in that, but consider the possibility that this customer has actually made a wise choice. What can we learn from this customer? Certainly not that Sea Tow and Boat/US have marketed the benefits of dual citizenship; we all know they do not.

Well, first of all, dual citizens obviously feel that the annual membership fee is so cheap that even paying twice for essentially the same service is worth it to them. They have evaluated the risks, and have decided that the upside is worth close to $300/yr.

I am willing to stipulate that dual members are in markets with high concentration of boats and long distances available for those boats to travel. Lake Watchacallit isn't likely to have any dual citizen, but Long Island Sound, Miami Beach and the Chesapeake Bay are. Ironically, these are the markets that constitute the very core of the towing memberships. How many dual citizens are there? Does anyone know? Is it one percent of the total members? Ten percent? Ten percent seems high, until you consider this – many boaters have a towing reimbursement clause on their hull insurance and still they join. (Which means that some of the boaters are actually TRI-citizens.) I will wager that way more than 10% of the members have this reimbursement, and yet they join. Have the networks been giving away the store at today's price points?

Every time the subject of the annual fees comes up, the response I hear from the networks focuses how price sensitive their customers are. My reply is: "Are they? How do you know?" The existence of the dual citizens certainly eases the dock lines on that argument, at least a little bit. Allow me to ease the price point barge off the dock even more; back in the 90's, VAAA had two membership levels – Captain's and Gold. The Gold Card was $139/yr, ten years ago, and more than 10% of the VA members were Gold level members. Adjusted for inflation, that card is worth $187/yr today, yet Boat/US markets the VA Gold Card in SoCal for $168 (less if you buy it on the internet) – same 100 miles coverage. Can anyone argue that the cost of providing Gold Card level service in SoCal has somehow gone down in the past 10 years? Then why did the membership? Examined strictly from an inflationary standpoint, the networks, if not guilty of giving the store away, are at least having a fire sale.

So, some boaters have actually, voluntarily ponied-up double what the networks are charging. Can you imagine how many more might be sold on that price, if only someone would put some effort into marketing a membership product at that price?

Obviously, there are far more boaters who are shopping price on every purchase, and the marketing guys have to keep that in mind. But there is a nuance here that I fear has been lost. If you sell a product, and you find that some of your customers are willing to pay double your price tag, what have you missed?

....to be continued....

TWIC Deadlines Approaching

2008-09-26T05:00:00.004-05:00

Click Here for a link to the official TSA TWIC deadline web page.

Some of these dates are subject to change, but most are now set in stone. Once these deadlines are published in the Federal Register, they are law. Due to the 90 day publishing deadline, all the dates for 2008 are now fixed, and will not be changed or updated. So, find your general AOR (area of operation) in the list below and be sure you are TWICilicious. If your AOR isn't explicitly listed, figure the closest major port to your location.

It's a bit unclear if these are the deadlines to actually have a TWIC, or if these deadlines only apply to secure access. The difference between those two things has been the source of so much confusion, and the USCG has done very little to set anyone on the course to enlightenment.

These dates supersede any renewal dates on your credential. This means that you must get a TWIC before your credential expires if the TWIC deadline comes before your ticket is up for renewal.

My guess is that if you have applied for TWIC by the deadline, you will be granted some leeway, but don't risk it. The old way of doing things is over. Everything is now centralized at the National Maritime Center (NMC), and you should forget about appealing to your local Regional Exam Center (REC), 'cause its history! There may be some battles for us to fight in the future, but the TWIC isn't one of them.

Will there be a bunch of guys who don't comply with the deadlines? You bet. Probably huge numbers. But do you really want to part of the "test case population"?

...................................

fixed in stone:

October 15, 2008: Northern New England – Boston - Southeastern New England

October 31, 2008: Buffalo – Duluth – Detroit - Lake Michigan - Sault Ste. Marie

November 28, 2008: Corpus Christi - Port Arthur - North Carolina - Cape Fear River

December 1, 2008: Long Island Sound - Charleston - Savannah - Jacksonville

December 30, 2008: Baltimore - Delaware Bay - Mobile - Pittsburgh - Ohio Valley - Lower Mississippi River - San Diego

.....................................

tentative deadlines:

January 13, 2009: Hampton Roads - Morgan City - New Orleans - Upper Mississippi River - Miami - Key West - St. Petersburg

February 09: Honolulu - South East Alaska/ Prince William Sound/Western Alaska - Puget Sound Portland(OR )- San Francisco Bay

March/April 09: New York - Guam - Houston/Galveston - Los Angeles/Long Beach - San

Are You Fit for Service?

2008-09-24T06:44:00.005-05:00

Checklist for license renewal:

Sea time letter(s): check
Application completed: check
Current form of identification: check
Valid TWIC card: check
Proof of drug testing: check
Physical exam completed by doctor: check
Checkbook to pay fees: check
BMI under 40: HUH?

Last week, the USCG issued NVIC 04-08, which actually references about 80 pages of new regulations concerning the medical requirements to obtain or renew a USCG credential (i.e. license). The 80 or so pages are spread out in eight enclosures, numbered 1 through 6, but including 3a and 3b (hence the total of 8. Confused yet? Me too...)

So, what's the beef? Actually, the question is Where's the fat? Thats right, fat, as in body fat, sometimes measured as Body Mass Index, aka BMI. Lets cut right to the chase. Enclosure #2 lays out the Physical Ability Guidelines. Paragraph 2 states in part:

If the medical practitioner doubts the applicants ability to meet the guidelines....and for all applicants with a Body Mass Index (BMI) of 40.0 or higher, the practitioner shall require that the applicant demonstrate the ability to meet the guidelines.

Just down the page a bit, they provide a weblink to find out more about BMI. Well, I've done all the work for you. Just click here, enter your height and weight, and you can find out if your BMI is over 40.

Now, based on how many XXL and even XXXL shirts I helped Fiona sell at this year's C-PORT convention, I'm guessing there is a percentage of RedRightReturning readers who may tilt the BMI index a tad over that 40.0 benchmark. My personal BMI is about 34.

A BMI over 40 will not automatically disqualify you for service, but it will require your doctor to attest that you can climb ladders, crawl into small spaces, carry heavy fire hoses, that sort of thing. And, it will probably raise some flags when your application is reviewed by the examiner. A few too many doughnuts and next thing you know, they're checking for a history of dermatomyositis.

The list of ailments and medical conditions that could be an issue is so extensive, there is a 9 page alphabetical index [enclosure 3a] just to help you quickly figure out if your nerphrois is on the list (it is, condition #105). Ever had prostate cancer? That's condition #108. Ever had headaches? #162.

If you're really interested, see enclosure #3, which is only 32 pages long, and details 201 medical conditions (referenced in the index mentioned above), and the recommended steps for medical evaluation. If you had your cancerous prostate removed, is your bladder "competent"? There is enough stuff on this list, your entire family can play!

This whole thing is becoming more like the physical requirements that commercial jet pilots have to sustain to keep flying. My flight instructor now flys big jets for UPS, and you bet he has to keep in shape. Of course, he's making about one hundred Gs per year, so he can afford the Gold's Gym membership dues....whats in your wallet?

All TWIC Enrollment Sites Are Now Open and Ready for Business

2008-09-21T14:25:00.005-05:00

Press release:

Sept. 17, 2008
TSA Public Affairs: (571) 227-2829
WASHINGTON – The Transportation Security Administration (TSA) today announced that all Transportation Worker Identification Credential (TWIC) fixed enrollment sites are open and ready for worker registration. Port and longshore workers, truckers and others nationwide are now able to enroll in the Department of Homeland Security's TWIC program at any one of the nearly 150 sites.

[click here to go to the TSA announcment]

In case any captains out there still operate under the misunderstanding that they will not need a TWIC, here is a snippet from the official USCG
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 03-07. (from page 7 of that document):

Also by (the deadline), all mariners will be required to hold a TWIC in order for their license, MMD, COR, or STCW endorsement to remain valid.

Without a TWIC, your license is invalid. Don't think you can wait. This whole program has been plagued by confusion, delays, and poor communications, especially on the part of the USCG, who at the local level are barely up to speed on this issue. I still see Internet forums with captains quoting local CG personel that they won't need a TWIC. Do not make the mistake of going to the USCG for advice about the TWIC. The USCG has made their official position very clear with the NVIC quoted above.

Are You Prudent?

2008-09-17T06:37:00.006-05:00

Mariners speak of prudence all the time. What would the prudent mariner do? We criticize poor judgement when we say "he failed to do the prudent thing." This week, David Brooks of the NYT wrote a column about politics - completely unrelated to anything maritime. But he wrote two paragraphs defining prudence that are so concise and elegant that they deserve to be repeated here for all the prudent mariners reading RedRightReturning.

What is prudence? It is the ability to grasp the unique pattern of a specific situation. It is the ability to absorb the vast flow of information and still discern the essential current of events — the things that go together and the things that will never go together. It is the ability to engage in complex deliberations and feel which arguments have the most weight.

How is prudence acquired? Through experience. The prudent leader possesses a repertoire of events, through personal involvement or the study of history, and can apply those models to current circumstances to judge what is important and what is not, who can be persuaded and who can’t, what has worked and what hasn’t.

"It is the ability to grasp the unique pattern of a specific situation." That sentence sums it up beautifully, doesn't it? To recognize that something is different; either in what you expected, or that the event is outside your previous experience. I like that he connects the unique pattern to a specific situation. The prudent mariner must evaluate every situation on its own, and resist the tendency to be complacent when things get too familiar.

[read the entire column here] warning - this op/ed piece is decidedly and pointedly political and may cause some fans of RRR distress.

Less Than You Bargained For?

2008-09-15T11:22:00.009-05:00

Face it, most of us struggle with negotiation. We like price tags. While we like to shop for a better price, we hate to ask for one. As the kids say these days: “ 'sup with dat?”

Perhaps we can chalk it up to the American distaste for negotiation in general. Travel to Europe, Asia or South America, and you find bargaining and price negotiation is a robust practice in shops and among tradesmen; price tags are merely a starting point. In the U.S., bargaining has become culturally unacceptable, as if there is something distasteful, immoral even, about trying to see how much your customer is willing to pay - opening a negotiation is seen more as the mark of a sheister, or at least a rude oaf, than a polite business move. One of my captains hated dealing with non-members and the issue of payments. It wasn't the customers, per se, but just asking for money made him uncomfortable. He loved doing member tows -- just sign here!

In a free and open society, negotiating is vital to the economy's existence. Even though you wouldn't think of haggling over the price of toothpaste at Wal-Mart, you can bet your life someone in Wal-Mart's supply chain negotiated a better price on your behalf. At the check stand, you may feel removed from the negotiations if it pleases you, but you were deeply involved, none-the-less.

Because we don't engage in bargaining much, I wonder if our industry's small business owners have lost an important skill just from lack of practice. One tower I know claims to send every invoice with an offer of 10% off for quick payment. That may be a good cash flow strategy, but it is not a substitute for negotiation. Rusty Shackle, VP for Mergers & Acquisitions at RedRightReturning explains it this way:

"Sending an invoice for service with an automatic discount is essentially negotiating against yourself. You have no idea of how your customers value your service if you're willing to play both sides of the negotiation. Maybe they would have paid the full price? You will never know. But, now they know that you don't value your service very highly, because your invoice says your service can be had for less. Maybe it can, but don't surrender that knowledge until you have to."

Rusty makes a good point; why would you offer a discount for no reason? Skilled hourly services are not commodities like pork bellies or toothpaste. If you are selling a commodity, there are many good reasons to lower the price, and offer volume discounts – products have expiration dates, and inventory represents capital investment that only turns a profit when it moves. But you don't have a bunch of unused tows going stale on a shelf somewhere. We provide a skilled and highly specialized service, and the value of that isn't subject to fluctuations in inventory, nor does it have an expiration date.

I'm not suggesting that you never lower your price. I'm known to give a guy a break for a cash payment on a quick prop disentanglement. And sometimes I stick to my guns and see if I can collect the full price after being asked for a discount. What I'm saying is that if someone asks you to lower your price, your first reaction should be private indignation. Then you calmly say “Okay sir, how much do you think my services are worth?” This immediately allows you to illuminate the gap between the two parties' understanding of the value of what you are offering.

Notice I didn't say close the gap between the two parties, that comes later. First, we have to define the gap – how far apart are we? This is why offering a discount at the beginning is negotiating against yourself; you haven't discovered what the other person thinks you are worth.

See if the customer will actually give you an answer in dollars rather than just hyperbole like “outrageous” or “too much”. You have told him how much you think your service is worth, and it's completely reasonable to ask him the same question. Shock and indignation are emotions, not offers to reach an agreement.

When confronted with the question “how much do you think my services are worth?”, many customers really have no idea, or they turn to other excuses and pleas for a break. Without any concrete numbers to discuss, the conversation focuses on whether you're being a nice guy or acting like a pirate. These negotiations are now about your character, rather than the value of your service. Always attempt to bring the discussion back to one about value and prices.

Perhaps his anwer is a realistic one, like an offer to pay with cash. At least he's not attacking your character. If a few dollars off here and there makes for quick payment and happy customers, why not? But that shouldn't be your default position. You do believe that you're worth what you charge, don't you? Then you should be willing to fight for what you're worth.

Which is another reason to pose the “what am I worth” question, it leaves you room to make a sales pitch to the customer who really doesn't understand the value of your service. Now we begin to close that gap. You can explain how much you have invested in equipment and training, and inform that customer that we often go days without a paying job, so the hourly rate is much higher than shoreside tradesmen. Or, you can sell the job by comparing the cost to how much the customer has invested in his boat: “So, what you are saying, sir, is that it's not worth $1500 to you to get your $100,000 boat safely back to the harbor?”

Learning to deal with price adverse customers is vitally important in this industry. A disabled boater is already having a bad day, and now he has to pay for his misfortune. This is one reason the memberships networks have been so successful. The membership card avoids all the distasteful and contentious bargaining – just sign here! This is a double edged sword though, because when members end up needing services that are not covered, they feel they are victims of a bait and switch. Never are good negotiating skill needed more than explaining why pulling a boat off a lee shore isn't a free service.

The skills required for negotiating the day to day jobs will serve you well when it comes time to negotiate larger deals, like salvage claims and service provider contracts. First, you have to know what your position is, and be able to back that up. Then, you keep your cards close until you discover what the other party's position is. Every negotiation should begin by defining the gap between the parties. Only then can you begin to move towards a settlement.

Rusty Shackle has a favorite saying: “Never begin to build a bridge until you know three things. 1), how wide is the river. 2) how deep is the water. 3) who owns the land on the other side.”

TS Hanna: yawn....

2008-09-09T15:59:00.004-05:00

I've been busy plotting and accomplishing my short migration from Block Island back to the continental USA and my temporary home in Point Judith, RI for the fall.

The post Labor Day, end of season parties out at Block Island were all cut short as islanders hunkered down for a hammering from Hurricane Hanna (ok, tropical storm Hanna - but that doesn't sound as good). I sweated out exactly where to hide, and waited until late Friday to choose a mooring to ride out the storm.

For days, Hanna threatened, and the computer models had her pretty much coming right over the Great Salt Pond. At the last minute, she passed well north, and the mooring I chose was in a nice lee for most of the night as 30-40kt winds passed over the area. I didn't sleep well, but I wasn't up all night either; and I didn't have to get underway once during the wee hours.

At first light on Sunday morning, I circled the pond, checking for any beached boats. The only casualty I found was this poor little Shamrock, who succumbed to rain water and a loose bilge pump connection, still tied to her mooring, hoping for someone to come along with some pity and a pump. Someone did, and she is drying out on the hard.

USCG Commander keeps his job after collision with BI Ferry

2008-09-05T18:00:00.003-05:00

Text of official USCG press release today:

BOSTON - The commanding officer of Coast Guard Cutter Morro Bay will remain in command today following the review of an administrative investigation regarding the collision between the Morro Bay and a Block Island ferry July 2, 2008.
Admiral Dale Gabel, the commander of the First Coast Guard District, presided over an Admiral’s Mast in which he determined that Lt. Douglas Wyatt will remain in command.
“After reviewing all of the facts of this case, I have confidence in Lt. Wyatt’s ability to command the Morro Bay and carry out the Coast Guard’s missions,” said Gabel.

http://coastguardnews.com/morro-bay-commanding-officer-to-remain-in-command-after-investigation/2008/09/05/

....hmm, I wonder if they exonerated the captain of the ferry?

Bad Doug!

2008-08-31T16:53:00.004-05:00

Yeah, everyone who wrote and mentioned that I wasn't wearing my PFD while working off the North Reef at night is absolutely correct in pointing out my very poor behaviour and bad example. I should have had one of these on, which was hanging in my wheelhouse. I urge everyone to wear one, and I am guilty of not wearing it every single time....and I really should have had it on during that night on the nasty north reef. My bad.

I will strive to wear it from now on, promise!

North Reef at Night

2008-08-30T07:42:00.015-05:00

A few loyal readers have commented that they would like to see more video of my work out here at Block Island. Much of the footage I have isn't very dramatic, and frankly would bore most of the subscribers to RedRightReturning. But, they don't call me Captain Hollywood for nothing. I did find some video of a job I had last month. Before you watch this clip, let me set the stage so you'll understand what you are seeing.

The north end of Block Island tapers to a point, understandably named Sandy Point, and extending quite far out from there is the Block Island North Reef, which might have been more correctly name the Block Island Deadly, Narrow and Particularly Nasty Long Sand Bar. I guess North Reef fits better on the charts.

This sandbar is very narrow, and the west side is really almost an underwater cliff: it drops from ankle deep to twelve feet in less than a boat length. The east side is more like a traditional beach, with the depths gradually decreasing from ten feet deep about 200 yards to the east to the ankle deep bar itself. (This geography makes for some very strange seas, and even on this very calm night, you will notice some small breakers that look like they are coming towards my vessel, as if I was on the beach, when actually I'm in deeper water to the west the strand.) That long bar on the chart never really drys even at low tide. It lurks down there below the surface, waiting for the unwary boater or lazy navigator.

About 2100hrs one night, a sailboat calls Mayday and reports himself aground at the north end of Block Island. There was a bunch of thunderstorms rolling down Long Island Sound, but otherwise it was calm and clear. I was underway lickity-split, while the USCG directed all their rescue efforts to playing 20 questions with the mariner on the radio (they never did launch any physical assets to the area that I know of).

From the time I got underway to the time I arrived on scene was probably less than 10 minutes. When I had visual contact, I asked the boater if he had gone aground coming from the east or the west - the answer would make a difference to my approach and which direction I might pull him off. He thought he had come from the west, and as you will see, he was wrong. A boater who has run into an island at night is generally not your best source of reliable navigational information - but you gotta start somewhere...(look again at the chart, he was between the 9' and the 4' depths that straddle the reef just north of Sandy Point)

The video begins as I approach from the west (deeper and steeper side) of the reef, and I spin around in preparation to toss him a bridle. As you watch the video, you can actually see the reef just under my swim platform. In the backgound, the Block Island North Light blinks mockingly just behind the grounded boat.

I heard a few shells and stones rattling around in the jet, which is the boat's way of telling me it's time for Plan B. Fortunately, with the jet boat, running over hard shell and sand isn't the end of the world; it doesn't even really slow the job down.

I quickly zipped around to the other side of the reef. This eastern approach presents a few problems of its own. The depths on that side are very shallow, and when the current is running, it will set you towards the reef. As you can see, conditions were calm on this night, and I had no trouble backing up to his stern and practically handing him my bridle. The look on the faces of his family huddled in the cockpit tells a story about their experience.

As you will see, everything turns out fine, and we even beat those thunderstorms back to the harbor.

Underwater Clean Up

2008-08-28T07:51:00.006-05:00

The Dockmaster and I decided that it was time for someone to pick up all the trash under the docks at the Block Island Boat Basin, where we tie up the Safe/Sea Block Island all summer. We filled two wheelbarrows with junk that we harvested from under just "A" dock, one of the four main docks here. The cell phone on the left is mine; I dropped it about 3 weeks ago.

When Good Jobs Go Bad, Part 2

2008-08-20T04:32:00.003-05:00

File Part 2 of this story under "I'd rather be lucky than good any day."

Here is a single frame of my video of the 3 boat raft-up adventure, just as I attempt to implement Modified Plan A. If you remember, this was the plan that sucked wind, and the guy's chain was just reeling out of the chain locker.

This little video clip begins just before the the towline gets sucked up into the port jet.

You can listen to me and the Harbormaster discuss the situation, and towards the end of the clip, my luck changes. Somehow, the anchor line that was fouled from the 4th boat magically get un-fouled, and I was able to tow the whole mess across the channel and grab a mooring. WHEW!

I pulled the 3 boats over to me, and then jumped in the water to access the damage. The guy's anchor was hanging about 8" below the grate of my port jet, still clipped in my snap hook! The chain had all run through the snap hook, and lifted the anchor right up to the bottom of my boat. (the launch boat with the fenders all around is the Harbormaster's boat)
The owners of the sailboats all showed up about this time, and they secured their boats on separate moorings.

I learned a long time ago that a job isn't finished until the boat is ready for the next job, so once I had the 3 boats secured on moorings, I still had to get the line out of my jet. Fortunately, a good friend and colleague of ours has a mooring service boat with a 2 Ton A-Frame crane. I had Ben from Edwards Marine meet me over at the mooring boat.

We had to lift the back of the towboat up about 15" to get the jet access plate above the water line, which was easily accomplished with a bridle attached to the D rings welded to my transom.

Once up in the air, we had the tedious task of cutting and hacking countless wraps of Amsteel and 3/4" nylon from the jet drive shaft. The Amsteel we use for towline is really cool stuff, until you have to cut it. We used 3 brand new knives making about 10 slices. Here is a picture of Ben taking a turn with the knife. And here is the remains of what we cut out.

So, this adventure began as a routine job and turned to total monkey dung, but the guardian angel of tow captains was on duty, my luck turned faster than a roulette wheel, and I made it to dinner before the kitchen closed.

More Water Spouts in New England

2008-08-17T20:39:00.004-05:00

Safe/Sea's own Captain Andy Casey spied this water spout chasing him down Narragansett Bay last week. I'm jealous because I've always wanted to see one. Click on the picture to see a larger version. This was taken with his iPhone.

When Good Jobs Go Bad, Part 1

2008-08-17T06:48:00.012-05:00

File this story under: "Some days you're the windshield, some days you're the bug."

It all began quite routinely, as a thunderstorm approached Block Island on Wednesday. As this cloud passed, it started to rain, and the wind shifted from E @ 6 to W @ 15.

The weather caused a three boat raft-up of sailboats to drag anchor. At first, the Harbormaster and I sort of thought that they would fetch up, but it quickly became apparent that the three un-attended boats were heading for an innocent fourth boat anchored downwind, and we had to take some action to prevent a collision.

Sometimes, when a boat is dragging anchor, she is bearing down on other vessels, and there is no time to get aboard and haul her ground tackle - but you can't tow her with anchor still on the bottom. In those cases, a good option is to just hook on to her anchor rode with a big snap shackle at the end of your towline. When you begin to pull forward, the snap shackle will run down the rode and pull the anchor off the bottom, and you can then slowly tow the boat that way. In one quick step, you will lift the dragging anchor off the bottom, and create a makeshift towline to at least get the vessel out of a crowded anchorage to buy yourself some time and room to set up a more traditional tow. This technique is universally known as Plan A.

The trio of sailboats were all hanging on a single hook from the boat in the middle. Her chain rode was hanging over the bow roller, and I could see a nylon snubber off the starboard cleat. The chain hook on the snubber was a few feet below the surface, so I modified Plan A just a tad and opted to clip onto the chain at the bow roller, above the snubber - hoping to just pull the raft upwind a few yards and avoid the impending collision.

What's that saying? "Never change horses in mid stream." What happened was that the anchor chain was not secured in the chain locker, nor over the gypsy of the windlass, so as soon as I tried to pull, I was just pulling chain out of a chain locker, rather than towing the 3 boat raft upwind. Modified Plan A sucks wind. Now I was really running out of time, and I had to hustle back there and get a line on tout de suite!

I rushed back to the bow of the middle boat and quickly reconnected the tow line below the snubber, just as the Harbormaster informed me that the three boats were about to get T-boned by the bow of another vessel. With the tow line hooked up, time to get those jets in gear and implement Original Plan A.

WHAM! SCREECH! I cringed at the sound of my towline getting sucked up into my port jet, and wrapping around the impeller shaft at 1200rpm.....man, I hate that sound, don't you? Fortunately, it's a twin screw, so I can still maneuver. Maybe I can still pull this job off without too much drama....behind me, it looks like we've just missed that 4th boat, and I'm clear to implement Plan A, version 2.0 minus 1.

Except, as I pull the rafted boats away, the Harbormaster informs me that the 4th boat's rode is now snagged around the rudder of one of the boats that I'm towing.

Let's review: I've got one engine down. I've got a raft of 3 unmanned sailboats attached to my towboat in a manner that is probably not covered in the Hamilton Jet owner's manual, and I can't disconnect myself from the 3 sailboats because their anchor chain is now sucked up tight to my port intake. I'm not sure where the unmanned boat's anchor is except that it has to be somewhere between my jet intake and the bottom of the Pond (please, God, let it not be on the bottom!). And one of the 3 unmanned boats is now fouled over the anchor rode of yet a fourth boat. Did I mention that it's pouring rain and the winds are gusting around 20 kts. This job has pretty much turned to shit, don't you think?

....to be continued...

Article 7

2008-08-10T06:38:00.003-05:00

There seems to be a rash of salvage claims being challenged by insurance companies on the grounds that the entire contract is void because it was signed "under duress or undue influence" - i.e. the boat owner was compelled to accept a salvage agreement because he felt he had no other choice.

Perhaps the insurance companies are confusing the "duress" of actual bodily harm with "marine peril" and its potential for physical damage to a vessel. IF a salvor has threatened to leave a crew to die or get injured aboard an imperiled yacht, that salvor is probably guilty of using "undue influence" to force a salvage contract. But to ask an otherwise healthy and un-injured crew to accept that a yacht in perilous circumstances should be covered under a salvage contract is acting completely within the spirit of Blackwall and SALCON 89.

Lets have a look at what SALCON 89 actually says about the influence of danger. Salcon 89, Article 7 states:

“A contract or any terms thereof may be annulled or modified if: (a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or (b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.” (bold emphasis mine)

The word and in part (a) is a key to understanding what Article 7 is about. During any true salvage situation, there is obviously going to be some danger. Indeed, every salvage is contingent on the presence of PERIL. And everyone who is on scene at the time is certainly going to be influenced by the presence of the dangers involved.

The authors of Article 7 were not suggesting that any agreement made while in the heat of a dangerous situation would be automatically void. The intent of Article 7 is to link the danger to equitable terms - that is why the word and is in part (a). To make an equitable agreement, the terms should fit the situation, which if covered by SALCON 89, is by definition a situation that involves danger (Article 1, para 1).

To claim that the presence of danger somehow voids a marine salvage contract is constructing an argument based some very torturous logic. How can you toss out a contract to resolve a perilous situation because there was danger present?

Furthermore, the challenge to the contract based on the influence of danger almost always includes the additional argument that there is no salvage because the peril so insignificant that it didn't even exist at all!

This is where they shoot themselves in the foot and the entire argument falls apart. If you are going to challange an agreement based on the presence of danger, don't go on later in your plea to downplay the danger and argue that it didn't exist.

TowBOAT/US Oyster Bay spies water spout

2008-08-07T19:29:00.003-05:00

Mitch Kramer of TowBOAT/US Oyster Bay, NY, saw a water spout today inside his harbor. See the story here:

Photo by John McGrane

http://www.newsday.com/news/local/longisland/ny-listor0808,0,6494023.story

Bill to exempt some mariners from TWIC

2008-08-04T20:04:00.004-05:00

Senator Coleman (R-MN) introduced the Small Marine Business and Fishing Guide Relief Act of 2008 (S. 3377) to amend title 46, United States Code, to waive the biometric transportation security card requirement for certain small business merchant mariners, and for other purposes. This bill, if enacted into law, would exempt from the requirement for a Transportation Worker Identification Credential (TWIC) merchant mariners serving on vessels the owner or operator of which is not required to submit a vessel security plan. The official text of the bill is not yet available, but an advance copy has been circulated.

Well, this news will throw a wrench into the works. I am skeptical about how far this bill might go. I think that the DHS and the USCG really wants every license holder to have a TWIC, but this bill could have a chance.

The TWIC has been rife with confusion, delays, extensions and completely unreliable deadlines since the beginning, so this somehow comes as no surprise.

If this bill passes, can I get my money back?

Thank you to John Fulweiler for bringing this to my attention.

iPhone replaces pencil

2008-08-04T04:10:00.002-05:00

As I mentioned in a previous post, iPhones have become standard equipment onboard Safe/Sea towboats. The large screen and fast email technology has some advantages for high volume areas like Safe/Sea's.

Way back in the old times, I would have to get all my case information via a cell phone, or over a radio. In either case, that meant trying to scribble some notes in a noisy wheelhouse while driving the towboat, with all the attendant frustrations of asking for some info to be repeated, which usually went like this:

"What was the number again?"
"Seventeen!"
"Seventy?"
"You're broken, say again?"
"Call me on the phone!!"
"I've got no signal..."
"Say again?"
"Standby, you were covered by the other radio."

Or, one had to go dead in the water and copy the info, but again with dropped cell phone calls or stepped on radio transmissions putting up obstacles to a quick transfer of information. And, even if I did write it down, sometimes I couldn't read my own notes!

Well, the iPhone bypasses all that communication confusion. Here is the standard procedure now at Safe/Sea:

As soon as Safe/Sea's dispatcher gets the basic case information, their computer sends a brief text message to my phone: DING! You have a case at xx location, please proceed to get underway. If I'm near the boat, I just get aboard and say "I'm underway" on our business radio; otherwise, I can reply to the text message with a simple K. Now the dispatcher knows I got the message, and I'm getting underway.

Within a minute or two, the iPhone gets an email with the following information:

Full boat description.

Operators Name, address and cell phone number. (the cell phone number is highlighted and underlined, so I just touch that number, and my phone calls his phone; no need to dial. This feature is fantastic. Who wants to dial while driving the boat?)

His location, with LAT/LON if useful. (The LAT/LON is also highlighted. If I click on the lat/lon, a Google Earth map comes up showing his reported position on a chart, right on the phone - very handy to verify that his LAT/LON match his stated position.)

Full membership details with coverage limits and expiration date.

What is wrong with the boat, and where he wants to be towed to

That's a bunch of data to collect, and copying it all down on paper would have taken a few minutes of my time, with the boat at idle, and the dispatcher's time to read it to me, and either good radio comms or a reliable cell phone signal. Safe/Sea has whittled that all down to just a reliable cell phone signal.

If the customer is paying for service, the email will include his credit card information as well. How many times have you had to ask for someone to repeat that sixteen digit number?

Many of the towers around the country will have no use for this technology, because their case loads and fleets are too small. A one boat operation captain sure doesn't need to email himself the information he just collected. But for the larger towers, with 4, 5 or 6 towboats all working at one time, the iPhone can be a time saver, and will definately reduce your communications load during peak hours.

Areas with a centralized dispatch, like Southern California, would certainly benefit from this technology.

Flotsam or Jetsam? Wrong either way.

2008-07-30T06:44:00.007-05:00

Found this yesterday while on route to a job. I stopped, took a quick photo, pulled them in with my boat hook, dispatched the ballons with a sharp knife, and tossed the carcasses in my trash bag.

This kind of crap is deadly to a sea turtle, who can mistake a ballon for a jellyfish, which are part of the turtle's normal diet. Floating debris is hazardous to many seabirds and other aquatic life.

Over the years, I've passed lots of ballons out there. For the most part, I have just driven by, thinking myself too busy to stop and pick them up. From now on, I will make an effort to remove ballons from the ocean whenever I can.

For more information on the floating trash problem, see
http://marinedebris.noaa.gov/
http://www.epa.gov/OWOW/oceans/debris/
http://news.nationalgeographic.com/news/2007/04/070423-ocean-plastic.html

iPhone becomes part of my cockpit

2008-07-24T12:52:00.015-05:00

Those who know him (most of my readers) know that the owner of Safe/Sea likes to stay cutting edge. If there is a new computer out, he's gotta have one. So of course, all the Safe/Sea captains and full-time staff just had to have iPhones. I mean, all you could do on those old Nextel phones was talk to someone. How pedestrian!

I'm a big fan of technology if it actually improves something, or makes my job easier. Buying the latest gadget just because it's new or cool is a waste of money, IMO.

The iPhone has a number of very useful applications for towers, and today I was very glad to have it along as this very nasty thunderstorm passed over Block Island.

Note: this photo was taken with the iPhone. While the built in camera has practically no options (no zoom, no flash), it takes beautiful pictures.

Ok, the camera is fine, but as the storm approached, I was able to bring up Wunderground's iPhone weather page on the phone's web browser, and watch the Nexrad radar image to see exactly where the storm was. Here is an image I took (with another camera) of the iPhone's screen. The little shape in the middle is Block Island, with a big red cell approaching from the south. Turning on "animated radar" shows the movement of the storm, and the images are only a few minutes old. (click on photo to see larger image)

Sure, you can get weather radar overlapped on your GPS plotter with an XM radio subscription, but can you carry that in your pocket? Or, you can see rain on your ship's radar; I was able to monitor this storm while standing in line for coffee and walking around the docks. I watched this front approach for over an hour, and I knew when it would get here and how big it was. I was able to anticipate the wind direction based on the storm's movement, and once it started pouring rain on the pond, I could see how long the storm would last.

That kind of information is more than just a gimmick. The iPhone allowed me to stay informed about an approaching weather system without being tied to a desk or TV or radio.

A few nights ago, I neighboring tower called me at 2300 and warned me about a large thunderstorm that had just passed over his harbor and was heading my direction. With my head still on my pillow, I pulled up the radar on the iPhone, and I could see that the storm would pass north of me. I turned out the light and went back to sleep.

More about the iPhone next week.

TowboatUS Sebastian/Melbourne Lands more derelict disposal work

2008-07-21T19:05:00.003-05:00

After some very lucrative work last year [read my post here], Absolute Towing & Salvage of Melbourne, FLA has received another nice derelict disposal contract:

Derelict boats to be removed from Indian River : Indian River County : TCPalm

Job: Remove seven derelict boats left since 2004 hurricanes from the Indian River Lagoon in Indian River County
Contract award: $37,920

$38,000 to raise and dispose of 7 boats....not bad

(photo courtesy TowBOAT/US Mystic)

Boat/US Press Release on Salvage

2008-07-18T16:51:00.006-05:00

Well, those who have known me for a while know that I've bitched and moaned about the way salvage is portrayed in the press, and in particular I've singled out some Boat/US literature as guilty of too much hyperbole with phrases like "be warned", or "avoid salvage" and "avoid the high fees".

It was always my view that the Boat/US position could be boiled down to "salvage: BAD - towing: GOOD".

Yesterday's press release on this subject was a refreshing relief from past notices on the subject. [click here to read it all]

I think this piece is, as they say, "fair and balanced". Here is a quote:

Salvage cases are usually covered by insurance – or out-of-pocket if self-insured – and are much more expensive than a tow. Salvage continues to be the way to award a rescuer who maintains a 24-hour state of readiness to risk life, limb and vessel for others, and often results in a charge based on the length of the vessel saved or a request for a percentage of the boat's post-casualty value. While it’s a reward for extraordinary service, the dollar amount awarded factors in the degree of peril as well as the risk to the salvor and their crew. (emphasis mine)

That is the first time I've seen Boat/US express the concept that a salvor is rewarded for the service, rather than leaving the impression that a salvage is just a really high fee to be avoided.

The other thing I'm glad to see expressed is that it's the insurance company that will pay a salvage reward. Previous literature would always imply that the boater would be "hit with a huge bill", but of course nothing could be further from the truth. The truth is it's the insurance company that will be hit with a bill, and it's great to see that misconception finally corrected by one of the county's largest boat insurers, Boat/US.

Thanks Boat/US for presenting a well informed press release about towing verses salvage.

No Time for Losers

2008-07-10T06:23:00.015-05:00

A guy buys himself a Rolex watch 40 years ago. He's fanatically careful with it, and even though its a dive watch good to about 180', he never wears it swimming, for fear of losing it. 3 days ago, he gently placed it on a cockpit cushion while he and his wife went for a dip off their chartered sailboat.

As they get out of the water, the cushion gets moved, and the Rolex goes overboard. Imagine his pain as he watched his watch sink in 30' of water...

This man is a diver, but away from home and on vacation, he has no dive gear. He is a part time captain for another tower, and he knows I'm out here, so he calls me within 20 minutes of the watch going overboard. But its now late in the day, and very overcast, so I know the light will suck down there. I tell him to buoy it off and we'll hunt for it in good light tomorrow.

Its been my experience that the chances of find small objects are greatly increased by a well placed marker. If you can drop a marker within about 5' of where the thing is, it can generally be found. I stress this point to the watchless guy, and he completely agrees, further stating that he is quite sure he put a mark very close to the spot.

The guy's luck starts to go from bad to worse while he is at dinner that night, and a very diligent harbor patrol spies a suspect fender floating in the mooring field, just off the transom of a transient sailboat. When brought to the surface, said fender has a large, heavy box wrench tied to it. That curious set-up is brought to the HarPat's office and secured in the evidence locker, in hopes of solving the great box wrench planting mystery of 2008.

The next morning, the watchless guy replants a second marker, this time a cement block, as close as he can figure to the spot where his treasured Rolex now lies. But, with the wind changes and swinging boat, the accuracy of this new mark is pretty suspect. At about 1100, I suit up and head down there to search.

The bottom here is pretty mucky, and the top few inches are silt. When diving down there, you have to stay just off the bottom, and every time the silt is disturbed, it becomes a cloud of dust, reducing visibility to zero. Without the dust cloud, I had 4' visibility at best.

Because Watchless Guy is a friend of a friend kind of thing, I'm on the "tryin to help a guy out" rate, so I tell him I give it my best for one dive.

There is all kinds of cool stuff down there! I saw three wine bottles, a huge boulder, and a lobster who came out of a Spackle bucket ready for a fight. I found this pair of RayBans, perhaps dropped by the same guy who drank those 3 bottles of wine.

Alas, I didn't find the Rolex. I fear the loss of the original marker has doomed our efforts.

Watchless Guy wasn't giving up that easily. The dockmaster had half a tank left from some other job, and he had quick look around the cement block, and then another diver spent 40 minutes around 2pm -they both came up empty handed. That afternoon, Watchless Guy heads into town and starts asking around about dive equipment. He is about 6'-2", so my medium wetsuit isn't gonna help, and the island dive shop closed down three years ago. What he finds is a guy who will loan him an underwater metal detector!

So Plan B is to begin the search the following day with the metal detector and a renewed optimism. By this time, I have retreated to the cheering section, offering only encouragement and maybe some dive gear. Secretly, I figure this whole operation is hopeless, due to the loss of the original marker and the bottom conditions.

By now, the story has spread through the marina, and everyone is pulling for this guy, who has not once complained, or bemoaned his luck. He has accepted every gesture of assistance graciously, and not once demanded a thing from anyone. He's everyman's optimist.

Once again, diver #3 heads down armed with the metal detector, but that operation fails, because there is a lot of metal stuff down there, and after sticking your hands into the muck a few times, you are lost in a cloud of thick, murky water.

But diver #3 is a larger size, and Watchless Guy is such a nice guy that #3 loans WG his wetsuit. WG is a dive instructor, and we round up another tank, my BC, some eles's booties...

Watchless Guy tries the metal detector, and quickly abandons that. But he move his cement block and searches, and moves the cement block, and searches....and feels, and searches.

Eventually, he's down to his last few minutes of air, so he surfaces and looks one last time at the transom of his boat, and makes one last, determined dive in the spot where the watch should be. He knows that watch is down there, ticking, keeping perfect time for a lobster who lives in a spackle bucket.

And there it was, right were he dropped it. Barely a half inch of the stainless band above the mud.

He returned to the dock to a hero's welcome, a man who's luck had made a complete about-face in just 48 hours. When I saw him on the dock, I don't think his feet were touching the ground. I suggested that he rush off to the casino while his luck was good, but he was content to just know what time it was.

Results are IN!

2008-07-08T18:10:00.018-05:00

Well, the first annual Red Right Returning July 4th service survey is now complete. An exhaustively unscientific study of the results has been carelessly compiled by Rusty Shackle, VP of our market research division, who may have spilled some beer on the data before he had a chance to enter it all....

So, the overall grade for the 4th was about a B-, meaning that most markets experienced a "slow" 4th of July weekend. Not dead, not crazy busy. I think the best word for now will be soft. Business is soft, but boaters are going out, and breaking down. It will definitely be an off year, and no one is going to break any new records. (Except for, funny enough, my favorite bar on Block Island, which broke sales records 3 days in a row over the weekend. Rumor has it their profits increase when I'm not out towing boats...) To be sure, some areas are doing better than others, but the B- kinda sums up the overall. If your area was gang-busters, knock on wood; if your weekend sucked wind, take heart as there is hope.

SeaTow International released a statement today, which included this quote from JoeFro

Boaters across the country celebrated the holiday despite high fuel prices both on land and on the water,” said Capt. Joseph Frohnhoefer III, Sea Tow’s vice president of operations. “Reports from across the country indicate that boaters stayed close to home this year, however, that trend could be equally reflective of the unpredictable weather patterns that plagued much of the East Coast as it is of current economic conditions. [click here to read it all]

I think the "close to home" thing is right on, and distant harbors or island destinations like Block Island will probably suffer more during a soft year. For instance, the official boat count for Great Salt Pond was 1485 on Friday; 1800-2000 would be more typical numbers for a 4th of July. So, boaters showed up, just not in droves.

SeaTow also reported

While call volume at the company’s 24-hour national dispatch center was statistically on par with last year, it experienced a 30-percent increase in the number of requests for on-water assistance.

Wow, 30 percent increase over last year? The fuel docks would kill for those numbers...

Evidently, SeaTow's research budget exceeds ours here at RRR, because they go on with a bunch of impressive statistics about how many calls they did and exactly which hours were the most popular for their services and how many knots the entire SeaTow fleet tied in 24 hrs - that kind of stuff. [editors note: why doesn't BoatUS publish these kinds of stats?]

Now, a soft year should benefit the SeaTow business model, because if fewer members break down, the local franchisee keeps more of the membership income. But this dramatic report of a 30% increase doesn't sound like a soft year. Is there something about the color yellow that attracts boater who break down? With every segment of the recreational boating industry experiencing a slowdown, why would SeaTow be so busy?

Vicious Rumor: I heard a report that there were empty moorings over at Avalon, Catalina, over the weekend. I'm still contacting my sources to confirm, but it its true, that would be an unprecedented event.

Rescue 21 works when needed

2008-07-05T06:45:00.005-05:00

Saw this item today from New Jersey:

LITTLE EGG HARBOR — A husband and wife who had fallen overboard and left behind four children in a boat in the bay Thursday afternoon were rescued by a passing salvage crew working for Towboat US.
The Coast Guard received a phone call from 16-year-old Cary Skrzat at 2:11 p.m. reporting that her parents,Phillip, 45, and Stacy Skrzat, 42, of Telford, Pa., had fallen off the family's 25-foot boat and drifted out of sight. The daughter and three other siblings remained on the boat but did not know where they were, said Petty Officer Nyxolyno A. Cangemi, a Coast Guard spokesman.
The Coast Guard then initiated a direction-finding system known as Rescue 21 to identify the boat's position through its radio signal.
As a rescue helicopter from the Coast Guard's Atlantic City station and a boat crew from the Barnegat Light station launched a search for the missing couple, a nearby commercial salvage crew from Towboat US overheard the call, found the couple and pulled them to safety.
The salvage crew then towed the family's boat to nearby Cedar Cove Marina in Tuckerton.
It remains unclear how or why the couple went overboard, Cangemi said, though they reported their boat's engine was disabled at the time.
The Rescue 21 system is a newly-established search command procedure that aims to reduce coverage gaps along the coastline and allow the Coast Guard to better monitor and track boats.
"Rescue 21 saved some lives today," said Petty Officer 1st Class Kyle Gerkens, who coordinated the search.

The final quote has me thinking we need a better public relations strategy. Rescue 21 certainly deserves the credit for finding the location of the signal from the boat with the kids on it, but it was the actions of the TowBoat/US crew that "found the couple" and therefore saved their lives.

Its great that Rescue 21 is up and operational, and it appears to function as designed - allowing the USCG to pinpoint an incoming radio signal. But I think a more accurate quote would have been "With the help of equipment like Rescue 21, a commercial salvor saved some lives today..."

Ok, I'm over it.

Bargains for Shoppers

2008-07-03T07:00:00.004-05:00

I haven't ordered anything from these guys yet, but I did see a few good recommendations on the Internet.

Their prices on marine electronics are the best I've seen, so if you are in the market, why not give them a try?

http://www.planetgps.net/

Let me know if use them what the results are, either way.

Ferry Collision Update

2008-07-03T06:34:00.006-05:00

Damage to the passenger ferry BLOCK ISLAND can be seen in this picture. That looks like a pretty good whack.

Plus, I found this detail over at Coast Guard News:

The commanding officer of the Morro Bay, Lt. Douglas Wyatt, took command of the Morro Bay in a change of command ceremony in Newport, R.I., Tuesday. The Morro Bay was headed back to its homeport in New London, Conn., following the ceremony when the collision occurred.

....thats gotta be the shortest command duty in history, don't you think?

USCG Buoy Tender collides with Block Island Ferry

2008-07-02T17:51:00.013-05:00

Wow, this is not the kind of news we expect to be hearing during this age of modern electronics - radar, AIS, GPS....

Earlier this afternoon, in dense fog, the passenger ferry BLOCK ISLAND (first photo) collided with the 140' USCG cutter MORRO BAY. (second photo) Preliminary reports are that there were no injuries, and minimal damage. [See new story here].

I spoke with one eye witness who saw the ferry after it arrived at Block Island, and he described a large, 3' dent/gash/gouge in the bow of the ferry.

Initial information indicates that the MORRO BAY was heading west, and the BLOCK ISLAND was southbound. My mental chart says that these boats were in a classic "crossing" situation, and once in visual sight of each other, rules 15, 16 & 17 would apply, with the MORRO BAY as the "give way" vessel. The waters this incident occurred in are international, so the COLREGS apply.

Complicating all that is the fog, which I can tell you gets as thick as pudding out here. So, until the final few moments, neither vessel had any "right of way", because they were not in visual contact.

But wait a minute. Where are the radar observers? The AIS, and ARPA? I know the captains on the ferries have 16oo ton licenses. I can't speak to what the qualifications of the operator on the buoy tender are; but one would assume he's not a junior coxswain. These are not amateurs out there; these guys are some of the most professionals that stand a wheel watch, and somehow, they managed to completely mangle a foggy crossing situation.

The ferry travels at about 16kts, and I would guess the buoy tender at 12-15kts. They should have had plenty of time to sort out some passing arrangements and avoid a collision.

The investigation into this incident will drag on, but the results should be fascinating. Stay tuned.

Waiting to Exhale

2008-06-30T07:31:00.004-05:00

Things have been very slow out here at Block Island so far. The land based businesses on the island are reporting normal amounts of tourists in the shops and resturants, but the majority of them come by ferry. In the distance of this picture is the entrance to the Great Salt Pond....but where are the inbound boats?

This is typically the week that things start to ramp up out here, so I'm not overly concened yet. Back on the mainland, the boys have been having average case loads. But, the island anchorage has very few powerboats out here, and I've only had one tow since arriving last Monday, which sure feels light when your season is only 10 weeks long.

At this time next week, we will know if the boaters are willing to buy some fuel and come out here, or not.

We're sort of holding our breath....

Its All About Peril

2008-06-29T08:02:00.012-05:00

Two interesting cases were recently decided in court, and the decisions should act as a reminder to all salvors that rule number one in a salvage claim is the existance of a marine peril. Without peril, you got squat.

In the first case, Sea Tow Portland/Vancouver v. Yacht High Steaks, a tower took an unmanned yacht off the hands of a fire boat, and moved the yacht to a safe location away from a dock fire. The court found there was indeed some peril, even though a government rescue agency had already moved the yacht away from the fire, so a valid salvage claim was in force. The actual award was pretty small after the court took into account the remaining Blackwall factors.

The second case, Cape Ann Towing v. M/Y Universal Lady, the court found that no peril existed at the time the salvor showed up, because the yacht was already tied up to another yacht after running free as a hurricane passed over the area....and their $487,500 salvage claim was reduced to $2,706. OUCH.

You can read more details on these cases by [clicking here]. This link opens the current MLAUS (Maritime Law Association of the US) recreational boating newsletter. Scroll down to page 9. Past issues of the newsletter are also available here

Summer Digs

2008-06-25T07:13:00.004-05:00

Well, my summer season has officially begun, and I'm now swinging on a mooring out at Block Island. We had some fog yesterday morning, and here was the view from the back deck of Water Torture while I had my coffee.

Not a bad gig...

Stuff they don't teach in Risk Management Class

2008-06-22T13:07:00.007-05:00

Pretend for a moment that you've been sent to pull a sailboat that is stranded on a very notorious rocky reef (I won't say where - it doesn't matter to the story here). Lets say the sailboat looks just like this one here.

....and lets say that you get your tow line all nicely hooked up, and you begin to pull......maybe you pull a little harder.....she's almost off.....

.....just a few more RPMs should do it.....

and then you hear a very bad sound...

If you click on the photo, you should see a larger version. This captain managed to get the job completed after a little more drama - he got his one of his wheels wrapped in a lobster pot. Just one of those days I guess....

Man Drills Hole, Goes Fishing...

2008-06-19T18:11:00.004-05:00

Got this story via email from the west coast....still laughing my a## off!

Gentleman tried to cut a 2 inch hole (for a transducer) in the bottom of his 24' fiberglass center console fishing boat. The 3/8" pilot drill bit went all the way through, and he partially cut the 2" hole, but the 2" hole saw blade got dull and he couldn't cut all the way through. The owner plugged the 3/8" pilot hole with silicon sealer and took his friends fishing.

They got out to the 14 mile bank where a fleet of boats was chumming for Mako sharks, and stopped to drift for sharks. Pounding for 14 miles caused the 2" hole to break through. The boat promptly filled and capsized.

Fortunately the boat had a life raft. The owner and his friends got into the life raft, shot off some flares and were quickly rescued.

Capt Tyler Lee, Vessel Assist Dana Point, responded, located the capsized hull, wisely towed the boat away from the shark grounds before bagging the hull and towing it back into the harbor.

Just a Few Tacos Shy...

2008-06-17T18:45:00.011-05:00

...of a full combo platter. Thats an old saying to suggest that someone isn't playing with a full deck, or in this case, a few gallons shy of a full ocean crossing.

It seems our mariner here left Bermuda on Saturday, and headed up to New England, in part to set a record, and in part for some kind of charity.

Well, I'm trying to be as generous as I can, but I gotta wonder about the sanity of such a voyage. He told me the reason he was getting low on gas was the 40 kts of wind and 20' seas he encounted the night before; weather that wasn't predicted, I guess. I delivered 5 gallons of gas to him about 15 miles south of his destination of Newport, RI.

To bad he didn't have a membership...

New Websites

2008-06-15T06:22:00.004-05:00

Kent Dresser from Confident Captain has created a new webpage targeting mariners:
http://www.ecaptain.com/

Pete Andrews of Safe/Sea started a blog highlighting the "Adventures of a Safe/Sea captain..."
http://www.boatdriver.blogspot.com/

If you send some time surfing the Internet, you will find 100's of marine oriented websites, some good, some not so good. The trick is to find the ones that you will want to regularly return to. Here are a few I've found:

USCG News: http://coastguardnews.com/ . The official news source of the USCG. Hard to find any thing critical about the CG here.

gCaptain: http://gcaptain.com/maritime/blog/ . Somewhat geared towards ships and Merchant Mariners, but I aways find something interesting here.

Unofficial CG Blog:http://www.cgblog.org/ This is where you will find out what is really going on inside the USCG.

Professional Mariner: http://www.professionalmariner.com/ME2/Default.asp All around super source of news and info.

Oil Prices Giving You That Sinking Feeling?

2008-06-07T16:57:00.005-05:00

If the oil market fluctuations are giving you fits, here is a link to some very good in depth research, news, comments and analysis about the world oil situation.

http://www.ft.com/indepth/oil

Lots of boats out there today in my area. Most were OB powered in the 18-28' range.

Travelers buys its umbrella logo back.

2008-06-04T18:00:00.001-05:00

I found this back in April, but I forgot to post it:

Travelers snatches its umbrella logo back from Citi. - By Seth Stevenson - Slate Magazine

How much did this cost? Travelers wouldn't tell me, but newspaper reports peg the transaction in the millions. "It was a substantial investment," says Shane Boyd, vice president of communications and branding for Travelers, "but we think well worth it.

Or, another article here says:

"All I can tell you is that it was not an insignificant amount," says Marlene Ibsen, spokesperson for Travelers. "Our research shows that the umbrella is well-recognized as a symbol of insurance protection and as a symbol of Travelers as well."

Now, if you get a salvage on a boat with golf clubs inside, maybe they can find some money here:

.....St. Paul Travelers Companies Inc., along with the PGA Tour and the Greater Hartford Jaycees Community Foundation Inc., last April 2006 into a four-year agreement to be the title sponsor of the PGA Tour tournament. The initial investment to Travelers was $10 million. The tournament purse will be raised to $6 million this year, $1 million more than in 2006, and will increase by an additional $100,000 in each of the remaining years of the four-year agreement. The event will be played June 18-24 and televised live by CBS Sports and the Golf Channel.

Thought I should post this, just in case you've had a Travelers claim recently, and they complained about belt tightening and hurricanes and lions and Tiger Woods and bears, oh my!

If they want to negotiate you down on a big claim, just tell 'em to open the umbrella, 'cause when it rains, it pours....

Lifeguards, Harbor Patrol perform salvage in California

2008-06-01T12:39:00.004-05:00

Can you imagine if this was your contract area? The story below is from the SoCal boating newspaper The Log, and you can read it by clicking here, but I have pasted the entire story below.

Lifeguards, Harbor Patrol Officers Save Boat
Thursday, May 29, 2008 2:26:00 PM
Last updated: Thursday, May 29, 2008 2:26:00 PM

NEWPORT BEACH – Orange County Sheriff’s Harbor Patrol officers and Newport Beach Lifeguards worked to rescue a boat that drifted ashore April 30 on Corona del Mar State Beach.
Strong winds caused a 27-foot sailboat, one of many vessels anchored off Corona del Mar State Beach, to drag anchor and eventually be blown into shallow water and become grounded. By the time Newport Beach Lifeguards and Harbor Patrol officers reached the vessel, its keel was stuck in the sand. “With the lifeguards’ approval, we waited for the tide to come up, put a line on it, and it floated,” said Harbor Patrol Deputy Joel Monroe. Officers then impounded the vessel, which is required when a boat runs ashore, since it is considered a hazard, he explained. The vessel, Salubrious, currently has a broken rudder. Michael Juneau, a liveaboard who owns the boat, is in the process of getting the rudder fixed.

I love how the HarPats get the lifeguards' approval to wait for the tide. I wonder if anyone contacted the USCG? Did the HarPats have to provide a salvage plan to the USCG? Is it USCG policy to exempt Harbor Patrols from having and following a salvage plan?

If they waited for the tide (which is what they said they did), then how can this be anything other than a salvage? Unless CPORT gets deeply involved with this issue, I fear SoCal is a lost cause.

No Place to Hide From This Threat

2008-05-31T11:04:00.007-05:00

As if the slowing economy and high gas prices weren't enough...

In 1980, only 86 near-Earth asteroids and comets were known to exist. By 1990, the figure had risen to 170; by 2000, it was 921; as of this writing, it is 5,388. The Jet Propulsion Laboratory, part of NASA, keeps a running tally at www.neo.jpl.nasa.gov/stats. Ten years ago, 244 near-Earth space rocks one kilometer across or more—the size that would cause global calamity—were known to exist; now 741 are. Of the recently discovered nearby space objects, NASA has classified 186 as “impact risks” (details about these rocks are at www.neo.jpl.nasa.gov/risk). And because most space-rock searches to date have been low-budget affairs, conducted with equipment designed to look deep into the heavens, not at nearby space, the actual number of impact risks is undoubtedly much higher. Extrapolating from recent discoveries, NASA estimates that there are perhaps 20,000 potentially hazardous asteroids and comets in the general vicinity of Earth.

[click here to read the entire story]

More Derelict Disposal News

2008-05-30T06:25:00.010-05:00

Just another little news article about abandoned vessels, and what might be done.

Queens Chronicle - Operation Clean Bay Aims To End Vessel Abandonment

....a task force — comprised of the National Park Service and U.S. Coast Guard, the NYPD, the state Department of Environmental Conservation and the city Department of Environmental Protection — to investigate the ownership of derelict boats.

Now, I'm guessing that none of those agencies are actually doing the disposal work. Getting these types of contracts is probably tough in NYC, but in more rural areas, there is potential for work, assuming you can reach the funding authorities. In some cases, they find the boat owner, and he has some time to solve the problem before the fines kick in. This is the best chance for you to get in the picture. Let all your local agencies know that you are equipped and able to handle derelict work, and they might even pass your phone number on to potential customers.

An interesting quirk of derelict disposal work is that the customer wants the boat destroyed, so you have no damage liability, and, the government wants the thing out of there, because they consider it pollution, so the USCG probably won't be breathing down your neck while you do the work.

If you are going to dispose of a boat, click here to see a copy of my old disposal contract. It might give you some ideas of how to write your own. The work isn't that hard; in general, just drain all the fluids, remove all the garbage, and have it trucked to the landfill. In some cases, you might have to remove the motors, but even those aren't too hard to get rid of.

There is a confluence of forces that I believe will result in a big increase in derelict disposals over the next decade. Whether you like it or not, the Democrats will control Congress for at least the next 5-6 years, and that means more dollars for environmental issues, like cleaning up the nations waterways. Meanwhile, as the economy softens, folks with older boats will find zero buyers for worn out boats, and may succumb to more sinister alternatives to get rid of the financial burden of owning a boat - especially if it is insured.

In the past year, I've seen signs that municipalities and state agencies are eager to step up enforcement of abandoned vessel laws, and are making real efforts to find the owners, who face hefty fines or even jail if they don't respond. Even the Block Island Harbor Master drafted up an abandoned vessel law over this past winter. People who can afford to own coastal property are demanding that local officials keep the rivers and beaches clean - they paid a lot of money for their view, and an old rusty boat wasn't part of the deal.

So, an increased willingness for enforcement, more federal dollars (used almost entirely for enforcment, or contracted clean-up), and an economic incentive for abandonment all spells more vessel disposal work. Someone is gonna do it, why not you?

The Flying Hungarians

2008-05-28T19:25:00.003-05:00

Years ago, we had some crazy Hungarians show up at Catalina Island....well, actually, they sort of crash landed in the water near Catalina Island. My good friend Greeno was on duty and towed this thing to the beach, where some patching, some sawing and some inflating took place. And then...well, watch the video:

This is my first attempt at putting video on YouTube, and my first attempt at embedding it in a blog post. I guess I'll see what happens.

They Just Won't Pay That Much!

2008-05-27T17:20:00.006-05:00

I hear that all the time from colleagues around the county when we discuss what their retail hourly rates are, or should be, or could be. (When I say retail, I'm referring to your non-member, no discount, non-emergency run-or-the-mill assistance towing rate.) If I say, "Oh, we charge $xxx/hr for non-members", they often reply "Oh gosh! Our customers just won't pay that much!"

And I wonder....hmm, won't pay, or just don't want to pay? There is a big difference, and I think some guys confuse on with the other.

Look, nobody wants to pay a dentist $200 for a filing; if they were asked, they might offer $75 as a fair price, because that is what they were charged 20 years ago. I would guess the dentist has a portion of his patients who express some displeasure or shock at his charges, but for the most part he probably sticks to his business plan and raises his prices to fit his profit margins, rather than adjust his fees downward until his last cheapskate customer is happy. (ps: do you always go to the cheapest dentist you can find? Why not?)

Nobody wants to pay for a tow, either. Especially since needing a tow means their day off has probably been spoiled. So, they are already mad and frustrated when they finally call you. At that point, there is probably no rate that you could quote that will have them saying "wow, thats cheaper than I thought! C'mon out and get me!" So, stop basing your rates on your customers emotional reaction to the price.

There wasn't a single boater out there this Memorial Day weekend that was happy about the fuel prices they found at the docks, and not a single one wanted to pay that much for fuel. But my sources tell me that many towers around the country had a pretty average weekend (we did over 30 cases here in Rhode Island), so boaters were boating, and certainly paying more than they wanted when it comes to fuel. I bet 2 years ago, many of those same colleagues would have said "nobody will pay $5/gal for fuel." Guess what? They paid. Double guess what: there are still plenty of fuel docks that are taking their standard 20% markup, even at these prices.

[off topic: Is there a price for fuel that will cause the boaters to say forghettaboutit? Absolutely, and we may be in danger of reaching that threshold at the fuel docks in the near future. When that happens, it won't matter what your rates are, because there will be nobody to tow.]

Bonus Question: if a boater burns $100/hr when he's making 20 kts, and you charge him $200/hr for a tow, how much will a 20 mile tow actually cost him?

Hurricane Perparedness Week

2008-05-26T08:16:00.012-05:00

Hurricane Perparnedness Week is May 25th - 30th, and NOAA has just issued their above average prediction for tropical storms in 2008. Of course, they did that last year, and it wasn't so bad. Click on the chart to right to see last year's storm tracks. Click on the link below to read the prediction.

NOAA - National Oceanic and Atmospheric Administration - NOAA Predicts Near Normal or Above Normal Atlantic Hurricane Season

The Climate Prediction Center outlook calls for considerable activity with a 65 percent probability of an above normal season and a 25 percent probability of a near normal season. This means there is a 90 percent chance of a near or above normal season.

When I was on the West Coast, all these hurricane predictions might just as well have been discussing distant storms on the planet Jupiter, except in the way it might effect our insurance rates. But now I'm on the East Coast, and out here we take notice. I especially worry about a big storm in July or August, when I'm out at Block Island on board the Water Torture. Block Island is no place to hide if the winds get over about a category 2, and there is no haulout facility for a vessel of Water Torture's size. If I hope to head to the mainland, I'm faced with two dilemmas. One, most yards reserve their hurricane services for their customers. Two, I would have to spend at least a full day getting over there and hauled out, on the very days that Safe/Sea's crews should be busy preparing the boats and equipment for a hurricane. So, I hope that the named storms wait until the middle of September, when I'm back on the mainland.

For the East Coast towers, this is the week to sit down and prioritize your to do list and make an action plan. The poor guys down in FLA probably have used their plan so much the pages are dog eared....

Beating a Dead Horse

2008-05-21T08:28:00.007-05:00

Well, if you read my blog about the Princess Gigi decision (and I hope you read the decision), then you probably got my point about how insurance companies are perhaps "predisposed" to fight a salvage claims. There is a misconception on the part of some members of our industry who continue to believe that the reason insurance companies will balk at paying a salvage claim, or even a large wreck removal invoice, is because a few bad apples have a long history of submitting exorbitant claims. I know I have whipped this horse before, but I want to beat this nag totally dead once and for all.

The misconception goes something like this: there are two kinds of salvage companies, those that send fairly priced bills (lets call them Base Hit Salvors) and those that send outrageously priced bills (we'll call them Home Run Salvors). Over the years, the Base Hit Salvors have found that many insurance companies continue to try and negotiate their invoices, or complain at the price even when the invoice was fairly priced in the first place. The Base Hitters feel that they are being forced to lower the totals of their invoices simply because of the history of the Home Run Salvors. In other words, The Base Hitters are paying a Home Run penalty.

To believe this, you have to believe that insurance companies have somehow adjusted their business practice to address this problem of Home Run Salvors, and now routinely quarrel with every salvage bill, no matter how reasonable the bill is, with the assumption that the bill must be too large. The blame for all the negotiating is placed on the Home Run Salvors, rather than on the insurance company, where it belongs.

If we are to accept that the Home Run Salvors have so much influence that their billing history has actually affected the way these huge insurance companies conduct their business, one must concede that insurance companies are comparing the salvage invoices they receive from Home Run companies with those invoices sent from Base Hit companies.

If they are not making this comparison, then the entire argument that one invoice could have an effect on another falls flat on it’s face, and this horse never left the barn. So, to buy into this theory that the huge claims make it hard to collect the small claims, you have to accept that insurance companies engage in invoice comparisons, if not between companies, then at least by looking back in time.

But wait a minute; wouldn’t the logical result of all this invoice comparing be that the insurance companies would recognize that the Base Hit invoices were more reasonable in comparison to the Home Runs? Wouldn’t the insurance company be more willing to pay those reasonable invoices, rather than less? (In which case Base Hitters would be thanking Home Runners for making their Base Hit prices look so good.)

And yet, this is not the case. Many of the Base Hit salvage claims are routinely challenged by the insurance companies; hence the complaints that it seems like insurance companies fight every salvage claim. The insurance companies are not more willing to pay the Base Hit invoices, and they continue to try and negotiate these invoices too.

We are left with only one conclusion: they are not comparing the huge, Home Run invoices to the Base Hit invoices they receive, and therefore the billing practices of the Home Run hitters is not logically the cause of all this contentious negotiating.

Perhaps there is some other theory that could account for all the negotiating, even when the invoices appear reasonable to the Base Hit Salvors?

I believe that the insurance companies should be attempting to negotiate practically every invoice they receive; especially those invoices that are by definition open to negotiations, like a salvage claim. They are large, publicly held corporations, and therefore their directors, managers and employees have a fiduciary, legally binding responsibility to do everything in their power to maximize the return to the shareholders. They are not in the business of paying claims, or to be friendly with outside contractors. Indeed, the large insurance companies have recognized the value of negotiations as evidenced by the rigorously and sometimes contentiously negotiated price lists for services like health care and automobile repairs. Allstate does not happily pay collision repair bills, they negotiate them: not because some repair shops always charge more than others, but because it is in the Allstate’s best interest to negotiate.

That is why the insurance companies try to negotiate lower prices; its good business.

Kent Dresser trains Assistance Captains in Bermuda

2008-05-13T05:21:00.000-05:00

Kent Dresser developed and teaches the C-PORT Safety Management Systems course. You probably took the course, as have most of your captains. Kent will be conducting assistance towing training in Bermuda:

Confident Captain/Ocean Pros Conducts Specialized Training for Bermuda's New Marine Assistance Company, Sea Assist Limited - PR.com

Large Low Pressure system stikes East Coast

2008-05-12T11:44:00.003-05:00

I'm holed up in Cape May, NJ, waiting for this stinking lousy weather to pass. This low was forcast to bring gusts around 45kts. We've had sustained winds over that for most of the morning, and local weather stations are recording gusts over 58kts.

My readers ask for more photos. Here is what Cape May Harbor looks like this morning.

Jones Act and the election

2008-05-12T09:02:00.002-05:00

Red Right Returning avoids political topics when ever possible. But once in a while, politics may have a direct bearing on your business. With that in mind, I post this link to a document from the nice folks over at International Organization of Masters, Mates & Pilots. This simply states where the 3 major contenders for President stand on the Jones Act.

http://www.bridgedeck.org/WhatsNew/maritime%20issues%20-%20candidates.pdf

I'm not going out on a limb and endorsing any candidate or position, just thought you might find the information useful.

Yacht Sinks, Insurance company sues: The Princess Gigi decision.

2008-05-09T10:00:00.000-05:00

If you attended the 2007 C-PORT conference, you probably remember my somewhat abbreviated seminar on salvage and insurance. Once the session was aborted, there were some heated debates about why insurance companies fight salvage bills. Indeed, some of the participants singled out one company as primarily responsible for the industry's billing problems with the insurance industry in general. I believe the term (supposedly used in the derogatory) was "[They] always swing for the fences." In baseball, that would be a good thing, but somehow when salvage invoice negotiations are the topic, there is an assumption that the salvors and the insurance companies are on the same team. If you believe that, I have some news for you; insurance companies are always on their own team, and do not invite other to sit in their dugout.
In fact, I have argued that insurance companies are financially obligated to negotiate whenever they can. They have a fiduciary responsibility to their shareholders, after all, to maximize their profits, not to recruit teammates. So they put up a good fight, and that fact isn’t evidence that one company has been charging too much.

Another reason marine salvage cases seem to be so vehemently contested is that most insurance companies have very little admiralty experience; they treat a marine loss like it was an automobile or a house, and hence their arguments are colored by landlubber laws, rather than admiralty.

Probably the best reason to fight an insurance claim is to avoid paying out over $7.2 million. In a recent case, Federal Insurance Company (connected with Chubb Ins) didn’t want to pay a total loss claim on a Mega-yacht that sank in the Bahamas. They didn’t have a single reason to deny the claim, but that didn’t stop them from seeking a declaratory judgment in federal court, denying any liability for the loss. You can read the judges decision here.

The decision is 40 pages long, but it is very interesting reading. A variety of surveyors, at least two yacht builders, banks, brokers, insurance agents are all called on to offer their opinions as to whether the yacht Princess Gigi was actually covered at the time of the sinking.

Point by point, judge Rakoff finds that the insurance company's evidence is immaterial, and in almost every example, he further states that even if you consider that the evidence was material, it doesn't constitute a legal reason to deny coverage. On more than one occasion, the judge questions the veracity of Federal employee's sworn testimony:

"....the court does not credit their self-serving and largely conclusory testimony." (bottom of page 13)

I urge you to read the entire decision. In this case, an insurance company wrote a $7.2m yacht policy without requiring a survey, and when provided the survey, didn't even read it. Once the yacht sank, all of a sudden everything in the survey is important. By their own admission, waiting for surveys is bad for business.

Lest you think this is just an isolated incident, driven by recent hurricane losses or the huge dollar amount involved, here is a $60,000 case from 1971 where the same Federal Insurance Co. attempted to weasel out of paying a total loss claim: http://bulk.resource.org/courts.gov/c/old/F2/450/450.F2d.779.19381.html

Back to my original point: how is it that one salvage company that started "swingin' for the fences" in 1984 somehow accounts for the actions of the insurance industry in 1971? Of course it doesn't, and the idea is completely bankrupt. The billing practices of one or two small salvage companies, attempting to maximize their profits, have zero bearing on how insurance industry acts, or reacts, when faced with paying out claims. They hate to pay claims, they are not in the business of paying claims, and they will employ a variety of strategies to avoid paying claims.

More Perdictions of $200/barrel crude coming

2008-05-07T06:52:00.007-05:00

Another energy analyst is predicting oil going up to $200/barrel:

Crude oil prices could surge to $200 a barrel in the next two years, according to the Goldman Sachs analyst...He said: “The possibility of $150-$200 per barrel seems increasingly likely over the next six to 24 months."
Last month, Chakib Khelil, president of Opec, also warned oil could reach $200 a barrel. The number of oil option contracts betting on oil hitting $200 a barrel in December has tripled since the beginning of the year.

[click here for entire story]

This prediction is an even shorter timeframe than the previous one I posted here last week. We might see this price in 2 years, or less. Yikes!

The further mention of oil future contracts increasing is significant, because if market players are buying futures contracts at $200/bbl, that means that someone is actually betting real money on that price - which provides an indication that the analysts aren't just blowin' smoke. Of course, when you have the president of OPEC supporting the prediction, that is hard to ignore.

$200/bbl would translate into a retail pump price of $8-10 gallon. Oh boy.

TWIC Deadline extended to April 2009

2008-05-02T15:51:00.002-05:00

The DHS issued this statement today:

The U.S. Department of Homeland Security (DHS) today announced that the final
compliance date for the Transportation Worker Identification Credential (TWIC)
program will be April 15, 2009, which reflects a realignment of the Sept. 25,
2008 compliance date set in the final rule. The seven month extension is a
direct result of collaboration with port officials and industry, and realigns
the enrollment period with the original intent of the TWIC final rule.
Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. These three ports were selected based on favorable conditions that facilitate near-term implementation. These ports are ideal for initial compliance based upon geographic proximity, the size of their TWIC enrollment population, and respective enrollment efforts to date. Additional ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement

The deadline has now been extended from Sept 25, 2008 until April 15, 2009 for licensed mariners to get a TWIC. But why wait? The gas costs for two trips to the TWICCEN will be more if you wait.

I love the part about "collaboration with port officials and industry". What a bunch of crap. They have been working on this for 5 years, and every step of the way, the 'industry' has been involved (mostly fighting the TWIC), and has said all along that the enrollment period was way too short and unworkable. Suddenly, with the original deadline only 20 weeks away, the TSA and DHS have reconsidered - sorry, realigned - the deadline.

TWIC confusion continues

2008-05-02T08:56:00.003-05:00

OMG! How can this TWIC issue be so full of confusion? Somebody read my blog post "Does My Boat Need a TWIC?" and mis-interpreted it to mean that he and his captains didn't need to get TWIC cards....

The purpose of my post about boats was to point out that most marine assistance vessels will not have to comply with the secure area rules imposed on larger towing vessels and passenger boats. These rules could even include installing TWIC card readers and other security measures.

This vessel security issue is separate from the requirements for all licensed mariners to get a TWIC card. Everyone who holds a captain's license must get a TWIC card by September 25, 2008.

DHS Small Vessel Security Strategy - Good News/Bad News?

2008-05-01T16:00:00.001-05:00

Well, we have suspected this was coming along now for some time. We worried, we speculated, we conjectured...we wondered. Finally, the Department of Homeland Security has issued a one hundred percent positively, absolutely sure, here is what the DHS might kinda sorta think about doing but we're not really sure but here is our best guess - strategy about small vessels.

You can start by reading this press release which says in part,

As the U.S.S. Cole attack vividly demonstrated, there is a clear need to close security gaps and enhance the small vessel security environment. The Department of Homeland Security (DHS) Small Vessel Security Strategy (SVSS) addresses these concerns, providing a coherent framework to improve maritime security and safety. It envisions a coordinated effort of federal, state, local and tribal authorities, together with international partners, private industry, and the recreational users of the waterways.

If you are having trouble sleeping, try reading the entire SVSS in PDF format. Be warned, it is filled with forward thinking solution based frameworks that provide stakeholder strategic options for multi-platform leveraged partnerships focused on risk adverse implementation plans to enhance maritime domain awareness....you know, stuff like that.

In other words, 58 pages of BS that basically say, "We don't want any trouble, so everyone should be keeping an eye out for trouble."

The Good News? There will be money to be made "keeping an eye out", especially by companies with small, fast boats and local knowledge.

The Bad News? They want to register every recreational boat, and every recreational boater, and that will drive more people out of the recreational boating market.

The End of Recreational Boating?

2008-04-30T18:11:00.003-05:00

Here is a little item that was almost lost in a large, boring summary of oil industry news last week:

Oil to Hit $225 a Barrel?
If you think oil and gasoline prices are high now, they may seem cheap before long, according to CIBC World Markets Chief Economist Jeff Rubin. Rubin, who predicted three years ago that oil would reach $100 a barrel, thinks it will climb to $225 a barrel in four years. Gasoline could be around $10 a gallon by that time, he says.

It's that time of year again, and I'm making my long maritime commute from my winter digs in Myrtle Beach to Rhode Island. Here are my observations along the ICW about this season's boating activity so far.

If the boaters in North Carolina are any indication, then the small boaters will be out in force this summer. Lots of outboard boats, small I/Os and runabouts have practically slowed my progress on weekend days. The fuel prices haven't seem to affected that activity.

On the other hand, there is a startling lack of large powerboats passing me each day, which would be typical in past years, as big SeaRays, Hatterases and Vikings from FLA are delivered to New England so the owners can enjoy a few cocktails and sunsets out at Martha's Vineyard or Fire Island.

Yesterday, passing the FREE docks at Elizabeth City, NC, there was only one boat tied up. These docks are usually filled during the spring and fall cruising seasons. I had the Dismal Swamp Canal lock all to myself.

Back to the oil prediction; I read somewhere that in Europe, the boating industry saw a dramatic change when fuel prices hit the dollar equivalent of the $6/gal range.

At $10/gal, burning 15 gal/hr, a two hours spent water skiing with your kids will cost $300 just in fuel. A 30' Carver with twin gas inboards will burn about 25 gph, meaning a six hour round trip to Block Island will cost about $1500 in fuel. These activities will be competing with mortgage payments and rising cable TV bills.

If gas goes to $10/gal in four years, it will cost $220/hr just to run a twin screw towboat (like SafeSea has) in 2012. Suddenly, $250/hr for non-member towing is a money loosing formula.

All the more reason to start looking into branching out into other profitable tasks for your equipment, like derelict disposal contracts with local governments, and privatized security duties with DHS.

Here is my way off the wall prediction: in 10 years, there will be more money to be made with a small boat equipped with a FLIR camera than a towline and salvage pump.

No TWIC for homeless guy

2008-04-19T15:41:00.003-05:00

Does this kind of stuff make you crazy too? I gotta have a TWIC card, even though I never have to enter a secure area, meanwhile, some homeless bum takes a nap inside a Unitied Parcel Service cargo plane that is parked in a secure area of an airport, and they just write him a ticket. The Sacramento Bee reports it this way:

Security personnel at Mather Airport made a surprise discovery Monday night -- a homeless man sound asleep inside a cargo plane. A sheriff's summary released today does not indicate how long the 44-year-old man had been sleeping or how he gained entry into the area off Truemper Way. Deputies were called about 11:40 p.m. after United Parcel Service security guards found him. The security guards then checked the plane and "found it to be clear of suspicious items," the summary states. The man was issued a citation and deputies gave him a ride to a nearby light-rail station, where he was released from custody.

A friend who is a pilot for UPS sent me this email today about the same story:

The IPA and its Security Committee are awaiting additional information from UPS Security on the discovery Monday night of a homeless man asleep inside of a UPS A300 at Mather Airport in Sacramento. Media reports suggest the 44-year-old man followed a fuel truck through the gate and onto the ramp. He then boarded a parked A300 where he apparently stayed for one or two days. However, a sheriff’s summary does not indicate exactly how the man gained entry into the area. It's unclear if maintenance crews or UPS security actually found the man. However, Sheriff deputies were called to the scene and “found it to be clear of suspicious items.”

They just let him GO?? There are dive boat operators in Key West trying to figure out where to install a TWIC card reader on the bridge of their 45' dive boats, because god forbid some terrorist highjacks a Hatteras and trys to blow up Sloppy Joe's Bar; meanwhile, some bum sets up housekeeping inside an empty Airbus at a major airport, and the authorities just write him a citation?

Go figure...

Changes in CPR techniques

2008-04-19T10:00:00.000-05:00

The American Heart Association has made some changes in how CPR is done, and its probably different than when you last took a CPR class.

Here is a PDF document that explains what was changed and why. Highlights of the 2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.

The major changes for Lay Rescuers (i.e. not medical professionals) are highlighted on page 4. Two changes that caught my attention are: they do not teach us to feel for a pulse any more, just begin chest compressions. And, they no longer teach rescue breathing without chest compressions. If you do one, you do both.

These are some major changes from the way I've been taught. This year might be a good one for you and your staff to get re-certified in FirstAid/CPR.

Ethanol Lawsuit in California

2008-04-19T09:00:00.001-05:00

LOS ANGELES - The law firm of Kabateck Brown Kellner LLP reported it filed a class action lawsuit on April 7 against the major oil companies that sell ethanol-blended fuel, charging that the fuel causes serious damage to marine engines and fuel tanks.

Read the entire article here: The Log.com News

Gosh, how great is it to have these nice lawyers fighting for us boaters? According to the article, "Kabateck Brown Kellner LLP reported it has previously won more than $750 million in cases involving Google, Farmers Insurance, Eli Lilly and other major corporations." You know what? I use Google all the time, but I haven't received a dime from that case.

I was a party to a class action suit involving a credit card company: I got a check last month for $3.48. My guess is the lawyers got more than that. You know what happens in the class action suits? The corporations that get sued raise their price points to make up the lost dollars; i.e. they just pass the costs onto the consumer. The end result of this class action suit will be higher marine fuel prices for all Californians, and about 10 lawyers will get nice new yachts...

Cape May: Where Boaters BeGone

2008-04-11T17:48:00.004-05:00

Ok, sorry for the very bad play on words on SeaTow's new slogan, Where Boaters Belong. When some boaters in Cape May, NJ just abandoned their boats, Phil Risko of SeaTow Cape May decided to step up to the plate, or in this case, dive down into the mud.

Salvage company cleans up abandoned boats in Cape May Harbor

At first you might think "he's nuts! All that work for free?". But step back and really examine this for a minute. Say his actual hard costs to pull a couple of boats up and to the dock is about $1000 for a diver and fuel (maybe less if he does his own diving). You couldn't buy this kind of good will and publicity for $1000. Also, its good practice and training.

I'm with Phil on this one; sometimes you just gotta do something 'cause its the right thing to do.

Does My Boat Need a Secure Area?

2008-04-06T21:40:00.007-05:00

Someone asked me to research the new TWIC rules to find out if our assistance towboats would need to comply with the new security rules. Its not actually the TWIC rules that govern vessel security, it was all set forth by the Maritime Transportation Security Act of 2002, which is the Act that imposed the TWIC. The CFR for Vessel Security is in 33 CFR104.105, which I cut & pasted here:
-----------------------------------------------------------------------------------
Title 33: Navigation and Navigable Waters
PART 104—MARITIME SECURITY: VESSELS
Subpart A—General

§ 104.105 Applicability.

This part applies to the owner or operator of any:

(1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI–1 or Chapter XI–2;
(2) Foreign cargo vessel greater than 100 gross register tons;
(3) Self-propelled U.S. cargo vessel greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105;
(4) Vessel subject to 46 CFR chapter I, subchapter L; [Cargo & Offshore Supply vessels]
(5) Passenger vessel subject to 46 CFR chapter I, subchapter H; [cargo & inspected pass. vessels]
(6) Passenger vessel certificated to carry more than 150 passengers;
(7) Other passenger vessel carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage;
(8) Barge subject to 46 CFR chapter I, subchapters D or O; [Cargo, Tank & Bulk Cargo]
(9) Barge carrying certain dangerous cargo in bulk or barge that is subject to 46 CFR Chapter I, subchapter I, that is engaged on an international voyage.
(10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
(11) Towing vessel greater than eight meters in registered length that is engaged in towing a barge or barges subject to this part, except a towing vessel that—
(i) Temporarily assists another vessel engaged in towing a barge or barges subject to this part;
(ii) Shifts a barge or barges subject to this part at a facility or within a fleeting facility;
(iii) Assists sections of a tow through a lock; or
(iv) Provides emergency assistance.
-------------------------------------------------------------------------------
So, you guys that tow barges or run a crew boats will need to check into the rules more carefully, but the Marine Assistance & Towing industry boats are generally exempt, based on #11 above. If your towboat is 8 meters or less, you are exempt. If you are greater than 8 meters and providing emergency assistance, you are still exempt. Towing a disabled vessel in a NON-emergency situation isn't specifically mentioned, but I think that "provides emergency assistance" was meant to exempt a class of vessels, rather than an act. The way I read this is "Vessels that are routinely employed for providing emergency assistance to other vessels are exempt from the rule," assuming they don't fall under one of the other 10 criteria. I will try and get a clarification from USCG to confirm that.

UPDATE: Please don't confuse the vessel security rules with the requirements for all licensed mariners to get a TWIC card. Even if your boat doesn't have a security plan or secure areas, you MUST TWIC!

Wreck Removal Coverage

2008-04-05T21:07:00.005-05:00

I was snooping around on the Progressive Insurance website, when I came across this item about boat insurance:

Wreckage Removal coverage is automatically included with Comprehensive and Collision coverage. If you use Comprehensive or Collision coverage, Wreckage Removal pays for reasonable costs you incur for any attempted raising, removal or destruction of the wreckage of your insured boat or PWC. Wreckage Removal limits vary based on whether or not you are legally required to raise, remove or destroy a boat or PWC.

Comprehensive & Collision is what we would call hull insurance. I guess its hard for them to break out of the auto insurance vocabulary. The part I find so interesting is their statement that the "removal limits vary based on whether or not you are legally required to raise...."

Last summer, I had a case where a boat settled on top of a mooring anchor's shank. Thats right - a 500# mushroom anchor shank came right up through the bilge between the engines. Pictured here is the top of the shank in his bilge, surrounded by our Rule 8000 pumps and hoses. The hole was about 4" in diameter. The job was an adventure in its own right, but back to the wreck removal issue.

The boat owner was insured with Liability only insurance through Progressive (not Comp & Collision). The local Harbor Master wrote a letter (after the job) that said that the owner was liable to remove his vessel from the town mooring field. We charged a six figure fee to get this boat safely on to a trailer, and Progressive re-imbursed him the entire amount. Now that's a happy ending for everyone.

NBOA and SeaRay

2008-04-01T12:50:00.004-05:00

Press release today:

KNOXVILLE, Tenn., March 31, 2008 – Sea Ray Boats, the world's largest manufacturer of superior quality pleasure boats in business since 1959, has announced their “Platinum Partnership” with the National Boat Owners Association, also known as NBOA. It is only natural that Sea Ray partner with NBOA, an organization with a history of being one of the largest U.S. agencies to specialize in marine insurance. NBOA takes great pride in providing their customers with unparalleled rates. [click here for complete release]

Please note that I pulled the press release from the Brunswick corportate website. Here is a screenshot of all their marine brands:

Now, if NBOA can leverage the SeaRay deal deeper into the Brunswick line-up, could it have an effect on Boat/US and SeaTow's memberships? I doubt it, because if you tow an NBOA member, you will charge them up front, and they have to seek re-imbursment. Boaters have fully embraced the no hassle, no hourly charges, "just tow me I'm a member" concept offered by SeaTow and BOAT/US.

NBOA doesn't have any towboats, so what service are they trying to market?

The “Platinum” insurance package including exclusive rates, free towing
coverage, discounts on boating safety products and more. The customary towing
program, for example, is a favorable feature of the new partnership, offering
members $1,000 in additional on-water coverage, as well as $150 on-road towing
assistance, guaranteeing members complete coverage

How does $1000 of on-water coverage guarantee complete coverage? How far is $1000 going to tow the average 40' SeaRay?

Well, the deal is more about hull insurance than towing coverage, I guess. We've seen these deals before. I remember in 2001 when Vessel Assist Asso. announced their participation in MercuryCare; every Mercury (a Brunswick brand, by the way) product came with a free membership. Didn't SeaTow announce a partnership with Genmar a few years ago?

So, all in all, this press release is just a big yawn.

SeaTow Press Release

2008-03-26T07:03:00.010-05:00

By now, most of you have seen the latest press release from SeaTow , announcing SeaTow's "evolution into a full-service organization dedicated to the savings, services and security of the recreational boating public". Because SeaTow is one of the two largest assistance membership networks, Red Right Returning is obligated to weigh in.

First of all, Joe Frohnhoefer has every right to claim bragging rights as the brainchild of what is perhaps the very best possible choice for a brand name for an assistance towing company. Brand name 101: keep it simple. SeaTow - two distinct syllables, almost impossible to garble on VHF radios, easy to remember when you actually need the service.

But, as the saying goes, be careful what you ask for. SeaTow is now facing an age old problem in marketing: how do you expand beyond your own trademark image? Can SeaTow convince the recreational boating market to think beyond the syllable tow, and understand that the company offers more than towing? From the press release:

Our brand and our reputation have been based on providing the most professional marine assistance to recreational boaters in need...Now it’s time for us to start taking credit with the boating population for all this organization has to offer its members....[like] Trailer Care™, Sea Smart™ VHF, Sea Insure®, Sea Loans™ and the Boating Safety & Education Foundation, while also expanding its member-exclusive Advantage Network™ savings program

The concept of a full service boating membership organization isn't new. Yacht insurance, boat financing, group discounts and foundations to promote boater safety & education have been available to members of BOAT/US for many years.

Indeed, BOAT/US began as an insurance and education organization, and was actually a late comer to the branded towboat idea. Their towing brand, TowBOAT/US, just doesn't roll off the tongue though, now does it? When your brand name rhymes with tuberculosis....

Anyway, SeaTow's press release basically announces their hope that a new slogan - Where Boaters Belong™ - will help them break the stigma of their own brand name success.

I have to admit, Joe Fro has done it again. I think Where Boaters Belong™ is a fabulous slogan. Whether it will achieve the goal remains to be seen.

Reduced TWIC fees for Recent License Renewals

2008-03-24T20:54:00.002-05:00

Did you know that if your current USCG license was issued after Jan 13, 2006, you're eligable for a reduced "security threat assessment"?
From the TSA TWIC page FAQs:

A reduced fee of $105.25 will be made available for applicants who will not require the security threat assessment. The reduced fee is available for the following:
>applicants who hold a Merchant Marine License (MML) issued after January 13, 2006.
For those applicants seeking to pay the reduced fee, they must present their HME, FAST card, MMD, or MML (meeting the requirements outlined above) at the time of enrollment.

Now, aren't you glad you subscribed to Red Right Returning? This might save you $27.25!

Multi Tow Contest, current leader

2008-03-23T20:38:00.003-05:00

Well, the piddly little triple tow picture I posted the other day has been put into perspective.

What a fool I was to even post such a meager accomplishment as that. Capt. Lee over at Poseidon Towing and Salvage has done a bunch of muliple tows. My favorite was this one: Thats 5 sail boats (one going backwards!) all behind one towboat.

Evidently, these were all derelicts from hurricane Wilma, all headed for the demo yard. How do you hip up to this mess?

A Very TWICilicious Page

2008-03-21T17:00:00.000-05:00

Maybe I'm spending too much time surfing the net, but I can't believe how much BS and just plain bad information is running around concerning the requirement for a Transportation Worker Identification Credential (TWIC). I put together all my links and research onto a single webpage: Doug's TWICilicious Page. Most of my readers are up to speed on this, but feel free to spread this link around to anyone who might make use of it.

Don't Try This at Home

2008-03-21T16:39:00.002-05:00

Here is one that I bet most of you haven't tried. The story on this picture is that I was on my way up to Malibu (about 10 miles from MDR) to pick up a boat for a customer at the end of the season. He anchors his boat off the beach in front of his house. He couldn't be there, but I figured I could handle a 23' I/O by myself. This was a flat rate, scheduled tow. On my way up there, VA dispatch called and said they had a member disabled up near Malibu in a 16' SeaDoo Jetboat - could I tow that back to MDR? Sure, why not. I figure a tandem tow with two little boats is no big deal, and I can make tandem profits.

When I get up to the SeaDoo, the guy has put his boat on the lifeguard mooring, with another 10' SeaDoo jetboat tied behind the 16' Jetboat; and he has swum ashore to get his trailer. On the phone, he tells me the smaller boat got swamped while he tried to tow the larger one, and they both need to go to MDR. So, I gather up the 2 SeaDoo Jetboats, then head over to my original target, the 23' I/O.

With some careful maneuvering and favorable currents, I managed to get the entire mess all stretched out on two towlines. On the way home, I nervously looked back every few minutes to be sure all three little ducks were still following. About halfway to the harbor, I looked back and the smallest jetboat was gone! By now I was out of the lee and the chop was kicking up bigger than the photo. I turned around and found the AWOL boat about 1 mile back. Getting that hooked back up was a nightmere. Somehow, I got all 4 boats (3 casualites and 1 towboat) back to Marina Del Rey without futher ado.

So, a triple tow, all 3 unattended, and me with no deckhand.

California tower getting some press

2008-03-21T07:35:00.003-05:00

Channel Watch Marine (aka Vessel Assist Ventura) launched a new web site called www.Oceanrescue.tv, which will carry video footage of marine rescues. Channal Watch Marine owner Paul Amaral hopes to host plenty of dramatic video from many sources around the industry, but for now I suppose most of the content comes from his own cameras.

Last week, a nice article appeared in the a Calif. regional marine newspaper [click here to read The Log article], and today I saw that article was picked up by the USCG email news feed. The nature of that kind of internet exposure will drive a lot of traffic to Oceanrescue.tv. I sure hope Paul is set up to sell some ad space.

If you have some good footage, click here to email Paul about getting your 15 minutes of fame.

Ship pilot charged in spill - San Jose Mercury News

2008-03-20T17:34:00.001-05:00

In case you hadn't heard.

Ship pilot charged in spill - San Jose Mercury News

Prosecutors on Monday charged John Joseph Cota with misdemeanor violations of
the federal Clean Water Act and the Migratory Bird Treaty Act, saying that his
negligence caused the Nov. 7, 2007, collision of the Cosco Busan, spoiled miles
of ocean waters and killed thousands of birds. The U.S. Department of Justice
previously filed a civil lawsuit against Cota and the ship's owner, but the
criminal charges signal an even more aggressive response to a near-disaster.....

Web site: PlanetData

2008-03-20T17:31:00.002-05:00

I found this PlanetData last week while surfing around.

PlanetData "The Security News Network" is a security news and information website organized by important security industry markets including Global Security, Aviation Security, Corporate Security, Cyber Security, Homeland Security, Maritime Security, Law Enforcement and Intelligence.
Our goal is to be the trusted source for the timely, relevant and vital information our members need in order to stay abreast of the security threats and concerns that can affect their lives, businesses and communities at large.

They have an entire section dedicated to Maritime Security, and while the content would generally be focused on shipping, there is some news that is of interest to us, like this interesting read:

PlanetData / Maritime Security / Articles / The Small Boat Threat: No Easy Answers

There are two reasons that you should be watching the small boat threat topic: 1) regulations being contemplated for small boats will probably effect your business. 2) I think there will be profitable opportunities for those in our industry willing to branch out into security work.

More From the Strange & Weird Tow Archives

2008-03-20T16:14:00.003-05:00

Well, the picture of me towing the ultra-light airplane generated some responses. So far, my favorite is this one. Not only did Richard Rodriguez from VAAA Friday Harbor tow an airplane, he was HIPPED UP to it!

Great picture Richard.

A Little Cross Pollination

2008-03-17T17:58:00.006-05:00

Capt. Richard J. Rodriguez works with Vessel Assist up in the San Juan Islands (that's in the Pacific Northwest for you geographically challenged types), and he also posts a nice blog about assistance towing and salvage and things generally of interest to readers of RRR. He gave RedRightReturning nice plug this week in his blog, and its my turn to return the favor.

Click on over to the Bitter End blog to see what he has to offer.

Can We Salvage Our Vocabulary?

2008-03-15T16:30:00.020-05:00

Many years ago, the powers that be carefully laid out the distinction between salvage and towage. The U.S. Supreme Court may have been the very first to coin the term simple towage. Isn't it ironic that simple towage came into use precisely as a way to explain that most towing of disabled vessels is, in the eyes of the court, an act of salvage? In this case, the words were used to make the distinction clear. In more recent history, words have been used to muddy the waters and blur the distinction.

The national membership networks have added to the confusion, in particular with business plans that include a relentless campaign to market towing of disabled boats as completely separate from salvage, when in fact, under Blackwall and SalCon89, it should be considered contract salvage. But, the profit is the same to the provider of the assistance, so... whatever, right?

Now, I don't know if Boat/US is responsible for inventing the phrase Soft Aground, but their membership program has certainly contributed to its broad acceptance. The phrase is now so prevalent that it is in common usage by the USCG.[click here to listen to a short audio clip of what I'm talking about] While Boat/US doesn't want to cover salvage, their membership will cover the contract fees for Soft Ungrounding. And again, this service is marketed as somehow outside the definition of salvage. Low degree of peril, one boat, one towline...."simple", right? As in simple towage.

Who, though, can really argue that the act of ungrounding a vessel isn't actually an act of salvage under the Blackwall factors? I can imagine Justice Clifford (perhaps the father of modern salvage laws) rolling over in his grave every time someone utters the phrase soft aground. But, the profit is about the same to the provider of the soft ungrounding, so... whatever, right?

The point of all this is not to uncover some sinister conspiracy on Boat/US's part to circumvent the salvage laws, because I don't believe such a conspiracy exists. But you have to admit that their marketing and membership literature goes out of its way to draw a clear distinction between towing and salvage. Salvage is always something to be wary of, to be avoided whenever possible. Towing, on the other hand, is portrayed as so simple and carefree that one might look forward to it as one might look forward to getting a birthday cake. Don't forget to renew!

In this world of vocabulary gymnastics, contract salvage has morphed into simple towing -salvage from running aground has become a soft ungrounding service covered under the towing membership. When does it all end? Will boat fires become "extraordinarily warm cabin surfaces requiring only one man and one extinguisher to unwarm"... ?

You're laughing and thinking that once again, Doug has slipped his hawser. Well, this week, I received my Boat/US "eLine" membership email newsletter, which contains the following quote and photo:

9. If your boat sinks, we pay the cost to "unsink" it in addition to covering your boat. In other words, the cost of the salvage is not deducted from your repair funds, which leaves more money toward fixing or replacing your boat.

UNSINK? First of all, the picture clearly depicts a wreck removal. That boat will be totalled, so there will be no post salvage value to base any salvage award on. This job will be done either per-foot or time and materials. Maybe wreck removal is the only kind of salvage work that Boat/US doesn't want their customers to fear? Oh sure, I see that they used the word salvage in the second sentence, but the photo sure doesn't fit with the legal definition of salvage. The result continues to blur the lines. More muddy water.

Now, to be totally fair, this was not presented as part of the towing membership program. The unsinking story is part of a hull insurance sales pitch, so maybe I'm guilty of some apples to oranges comparisons. But, its all under the same Boat/US brand name. They certainly don't make an effort to distinguish between their membership and insurance divisions, so why should I?

Back to the salvage vocabulary: what's up with this new word: unsink? Can covered unsinking service be far behind? You know, one man, one boat, one pump...its not a salvage, it was a covered unsinking! Call it simple dewatering.

If Boat/US marketing hasn't invented yet another way to confuse the concept of salvage, why did they put the quotes around the word unsink?

But, whatever...right?

USCG SAR Meetings

2008-03-14T10:45:00.001-05:00

All the commercial salvors and assistance providers should be attending twice annual meetings with their local USCG units. The meetings are intended to provide a forum to discuss operational issues between the Coast Guard and private enterprise, and to foster cooperation between all those acting within the local SAR system, like local fire, police & sheriff departments, and any other agencies that regularly respond.

These meetings are generally scheduled for the spring and fall, so perhaps yours is coming up soon. One item that inevitably appears on the agenda is a review of the Coast Guard MARB proceedures. The Maritime SAR Assistance Policy (MSAP) is the actual document that articulates the MARB concept.

The opening sentence of the MSAP reads:

This section sets forth policy and procedures for handling requests for any type of Search and Rescue (SAR) assistance from the Coast Guard and defines Coast Guard relationships with other possible sources of assistance.

The text of the MSAP then opens with the very first section (4.1.1):

The MSAP is the result of an effort enacted by Congress in 1982. It directed the Commandant to “review Coast Guard policies and procedures for towing and salvage of disabled vessels in order to further minimize the possibility of Coast Guard competition or interference with...commercial enterprise.” The review was directed because of congressional concern that Coast Guard resources were being used unnecessarily to provide nonemergency assistance to disabled vessels that could be adequately performed by the private sector.
The MSAP represents more than a decade of development of relationships among the Coast Guard, Congress, the commercial towing industry, and the Coast Guard Auxiliary. Each iteration of the MSAP has received close scrutiny. It has been a give-and-take process that has culminated in a policy that is equitable to all stakeholders.

Those are perhaps the two most important paragraphs ever written about commercial marine assistance.

The first is a reminder that the U.S. Congress recognized that CG resources were being used unnecessarily (i.e. wasting tax payer dollars), and I think that fact sometimes eludes the local agencies who continue to spend tax dollars on tasks that "could be adequately performed by the private sector."

The second paragraph refers to an equitable relationship to all stakeholders. The equity, however, is directly dependant on all the parties striving to follow the MSAP as rigorously as possible. If the local Lifeguards, for instance, ignore or discount the spirit of the MSAP, or otherwise refuse to recognize the validity of the concepts the MSAP embodies, then a situation of inequity will probably exist.

So, back to the meetings. I think that you should ask that your CG meeting begin with a reading of the above quotes. Heck, its their policy, so they shouldn't balk at saying it outloud. Maybe the local agencies (hopefully in attendance) were not aware of this policy, or the reason for its existance. With the regular promotions and career changes inside the CG, its a good bet that many of the junior USCG staff attending the meeting have never heard those two paragraphs either. Furthermore, the "close scrutiny and give-and-take process" is the reason for the meeting in the first place, and I can think of no better words to explain what the meeting is for than those two paragraphs.

Lowering prices may cost you

2008-03-10T17:50:00.003-05:00

Pricing for your hourly services is should be a hot topic for this industry, but resistance to the possibility of higher prices continues pervade throughtout, especially in some of the smaller markets. At C-PORT last month, I still heard the "our customers won't pay that much" mantra. You may remember that I blogged about this a year ago [read it here].

With the possibility of a recession on the horizon, Dave Delano sent me this link:

Five Pricing Strategies For Companies During A Recession

While this advice is more towards manufacturers and supply chains, the message to avoid simply lowering your prices is good advice. The link above is a short summary of some ideas, and deserves a quick read.