Page 74: of Maritime Reporter Magazine (June 2003)

the solution to a marine casualty in the United

States is the

Incident

Command System. Having evolved out of forest fire fighting response, its intent was originally to bring together a small group of experienced firefighters under an existing organizational structure to assure a rapid professional and effective response. Since the fighting of fires has been the province of a small group of dedicated firefighters, trained and pro- fessional, it is often the same individuals and equipment who participate in the fire fighting process. It is also almost exclusively conducted in remote areas, highly dangerous and a continuously moving event. Although similar in that both are emergencies, the marine ICS has grown to a huge number of partici- pants that can complicate the solution.

ICS in any major casualty has moved

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In an effort to better identify and inte- grate the position of the salvor in his response to an emergency in the United

States, the U.S. Coast Guard has evolved a series of new regulations.

These new regulations are a welcome change from the past where the captain's brother-in-law could serve as salvage master in the interest of economy. These regulations have been published for comment and the public hearings have been closed. The latest information expects final publication by late spring of this year.

The regulations represent a very com- prehensive approach to salvage utiliza- tion in the United States in the future.

The burden has been placed on the shipowner to essentially name and con- tract with a professional salvor operat- ing in the United States in order to do business there. Professional standards and timeliness of response are critical components of the Regulations.

Because these salvage regulations have emanated from the Oil Pollution Act of 1990 (OPA 90), the new regulations apply to vessels carrying oil only. There are some that say they are too compli- cated. restrictive, expensive and unnec- essary. It is interesting to note that the same objections were made to the initial passage of OPA 90. Looking back over the last 12 years, there are few. if any, who would argue that in terms of reduc- ing marine pollution in the U.S., OPA 90 has been very successful. U.S. salvors and the American Salvage Association (ASA), have endorsed the regulations, and in addition, have suggested they be extended to all significant commercial vessels, which trade to the United States and within its harbors and rivers.

There has been one legal impact in the

United States, which is counterproduc- tive. That is the move toward the impo- sition of criminal liability in instances where, at best, there exists negligence, which should impose a civil liability only. There is the real threat and reality that criminal sanctions are to be imposed. This cannot be insured against, and poses a significant threat to the salvage community. The only answer is responder immunity. One who responds to a casualty to solve a prob- lem and has no hand in creating it, should not be subject to the specter of criminal liability, no matter how remote. 3. Security

Since September 11, 2001. emergency response capability throughout the

United States has had to plan for the unforeseen terrorist threat. The threat from the maritime sector has been iden-

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