Page 14: of Maritime Reporter Magazine (May 2017)

ON POINT WITH JOE KEEFE

A Tale of Three Ports

On three coasts, three pilot disputes – like a bad penny that keeps

About the Author

Joseph Keefe is a 1980 (Deck) gradu- turning up – refuse to go away. Domestic and international stake- ate of the Massachusetts Maritime

Academy and the lead commentator of holders from sea-to-shining-sea are watching very carefully from

MaritimeProfessional.com. Additionally, he is Editor of both Maritime Logistics the cheap seats.

Professional and MarineNews. He can be reached at jkeefe@maritimeprofes- sional.com or at Keefe@marinelink.

com. he U.S. system of marine pilot would produce more palatable pricing widely-publicized rate increase request- oversight is a familiar one to for users comes up, the ‘safety’ card is ed by the Gal-Tex pilots, the effort in- most of us. Individual states always played. Simply stated, they say, volves maritime professionals who don’t an unusual one for no other reason than

Thave the right to govern com- “You can’t put a price on safety. Com- necessarily want to join the local Gal-Tex the decision gave the local pilot system merce on their own waterways as they petition that is based on providing ser- group; instead, they want to form their a black eye. That doesn’t happen very see ? t. When it comes to deciding who vice at a lower price will ultimately also own competing association. These fed- often. But, with cases like this one and will be trusted to guide large, deep draft produce a situation that compromises eral pilot hopefuls base their argument others in places like Florida and Texas; it tonnage into their blue water ports, the safety.” It is, on its face, a compelling ar- for a State Issued license, in part, on the is probably time to take a closer look at standard business model calls for one as- gument and one which rarely fails. premise that “Perpetuities and monopo- the consequences when it does. For his sociation – typically described as ‘state After a period of relative quiet on the lies are contrary to the genius of a free part, and in this very space not too long pilots’ – to perform all of this work (at collective waterfront, especially when it government, and shall never be allowed, ago, John McLaurin, president of the least the registered, foreign ? ag variety), comes to the commonly accepted ‘state nor shall the law of primogeniture or en- Paci? c Merchant Shipping Association, without outside competition, governed pilot’ formula, the last year or so has pro- tailments ever be in force in this State.” asked simply, “Who should pay for a $6 by a local pilot board of one sort or an- duced some interesting news. And, while That – apparently – is Texas state law. million gender discrimination lawsuit in- other. no one is ready to concede that the sys- The Texas case could well be headed for volving a woman who was denied a pilot

By and large, these state pilots do a tem is about to come crashing down, the court. The case is a unique one, bring- license in Puget Sound?” good job and most of us would concede gray noise from the outside is starting to ing what the local attorney – working The case in Seattle has nothing to do that – with rare exception – they keep build. In three ports, the challenges have the case for free for his clients – says is with the one in Texas, and perhaps has our ports safe when it comes to super- grown to be more than just an annoy- the incongruity of a ‘state pilot’ system even less in common with the fracas in vising marine traf? c. Also with rare ex- ance. that appears to be in direct contradic- Florida. And, yet, both pending cases, at ception, they are handsomely rewarded tion to state law. What happens next is least on the surface, rely on reasonable for their efforts. Today’s so-called ‘state A Tale of Three Ports anyone’s guess, but for now, this is one interpretations of the law and are unlike- pilot’ is among the highest compensated Way out West on the Left Coast, the challenge which doesn’t hinge on who ly to go away any time soon. Moreover, job descriptions on the planet. Outside, latest challenge to business as usual is has the most money to pay for attorneys. it is a good bet that these three disagree- looking in, there are many other similar- pretty much all but settled. Or, is it? In Still another case – this time in Port Ca- ments, rare as they might be, won’t be ly quali? ed maritime professionals who 2016, a jury awarded a woman $3.6 mil- naveral, Florida – involves a local fed- the last ones in the arena of U.S. marine would also like to do this work. That’s lion in a gender discrimination lawsuit eral pilot who (according to his attorney) pilot oversight. As we saw in Seattle, not surprising. By and large, however, ? led against the Puget Sound Pilot Com- has a contract with the U.S. Navy to pilot sometimes the system loses. Again, that and without the inside track to secure mission. Later, appeals and negotiations Navy vessels. That pilot now ? nds him- doesn’t happen very often. What if that state pilotage jobs, they toil as federally subsequently pushed the award to more self on the outside looking in as local ‘constant’ changes? Perhaps it is time licensed pilots, and are limited to guid- than $6 million. Now, ocean carriers federal of? cials, despite a contract with to ? gure out who is going to foot the ing enrolled, U.S. ? ag or Navy vessels. may end up having to fund the award. this federal pilot, are apparently using (sometimes pricey) bill when it does. Is

And since there simply aren’t too many Port users and stakeholders, long held others. Ultimately, and unless the Navy it you? of these vessels left, it can be dif? cult to hostage to regular rate increases, have comes around to the federal pilot’s way make a living doing so. always (reluctantly but dutifully) anted of thinking, the spat will possibly pit him

Occasionally, there comes a challenge up when it comes to operational costs. against another state pilot organization. to the status quo, which, in most cases, But this is something different. And, the There is, of course, more to the story

Read an update to the pilot saga via is easily brushed aside. State pilots have users and stakeholders are pushing back. than that. And, who knows who is right

Joe Keefe’s blog Constitutional Colli- deep pockets, staying power when it Thousands of miles away, in Galves- or wrong or even how it will turn out? sion Course at: comes to protracted disputes, friends in ton, Texas, another drama is unfolding But, that’s actually not the point of this http://www.maritimeprofessional.

high places, and real incentives to ensure as a group of federally licensed pilots article.

com/blogs/post/constitutional-colli- that nothing changes. And, when the are petitioning for the right to pilot reg- sion-course-15205 question of whether the system might istered, deep draft tonnage on Galveston Who Pays?

bene? t from suitable competition that Bay. A secondary discussion to the more Without a doubt, the Seattle case is 14 Maritime Reporter & Engineering News • MAY 2017

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