OREGON BOARD OF MARITIME PILOTS MINUTES #508 The Oregon Board of Maritime Pilots met on July 21, 2016 at 2:00 p.m.at the Pordand State Office Building in Pordand, Oregon. The Board representatives present included Chair Mindy Ferns, Kip Callahan, Capt Robert Johns on, Capt. Elroy Olson, Andy Papachristopoulos, Gary Piercy, Mike Swanson, Capt. George Wales, Assistant Attorneys General Jason Jones and Katharine Lozano, and Susan Johnson, Administrator. Dan Pippenger and Eric Burnette, Executive Director, were unable to attend. APPROVAL OF MINUTES #507: A MOTION was made to approve the minutes of the May 19, 2016 Board meeting. The motion was seconded and CARRIED. NEW BUSINESS: Continuing Professional Development (CPD) Annual Reports - Board Orders require all pilot organizations to report information about expenditures and collections under the CPD surcharge in the tariff. A formula using projected costs and past revenue is the basis fature adjustments. The CPD surcharge goes into effect September 1 along with the annual COLA and pension adjusbmeats. The new tariff charge for the Columbia-WiUamette River pilotage ground is $121.54. The new tariff charge for the Columbia River Bar is $67.25. The new tariff charge for Coos/Yaquiaa Bays is $77.11. After a short discussion, Capt. Johnson made a MOTION to approve the new tariff charges. Capt Wales provided a second to the motion which CARRIED UNANIMOUSLY. OLD BUSINESS: Update on Southport Informal Request on State Pilotage on U.S. Tugboats in Coos Bay In following up from the May meeting, it was noted that there had not yet been any feedback from U.S. Customs on the legal issue involved in this request. Attorney C. Kent Roberts addressed the Board, saying there was uncertainty in going to U.S. Customs; so they had discussed with stakeholders how the statute could be changed to address their situation. He circulated a proposed amendment to ORS 776.405, which adds an additional exemption from pilotage for U.S. flag towing vessels and their barges. Mr. Roberts requested any feedback, comments or concerns on the proposal. This issue wiu be added to the Board's next agenda for further discussion. INCIDENT REPORT: M/V Clymene - The vessel was brought into Astoria anchorage the evemng of June 22, and was subsequently repositioned the early morning hours of June 23. The vessel was later found to have her propeuer wrapped by the chain of buoy #39. Capt. Johnson made the investigation and provided a written report which is incorporated as a part of these minutes. It appeared that the vessel was dragging anchor in a strong ebb current and getting too close to buoy #39, so Capt. FarreU decided to go out and confirm her position. By the time Capt. Farrell got onboard and the ship was ready to shift, the vessel had already become ensnared in the buoy chain. Capt. Johnson did not fault the pilot for being attentive to the developing sitjation and acting proactively to attempt to move the ship to safety. Mr. CaUahan made a MOTION to accept the report and recommendations. Capt. Wales provided a second to the motion, which CARRIED.
Oregon Board of Maritime Pilots Page 2 COMMITTEE REPORTS: Harbor Safety Committee - The last meeting was held on July 13 in Astoria. The committee has finished the update of the Harbor Safety Plan; and is in the final weeks of preparing for hosting the 2016 National Harbor Safety Conference. Capt. Rick GUI of the Columbia River Pilots gave an update on the Columbia River Vessel Traffic Safety Assessment (CRVTSA) noting that there was a work group meeting last week. Scott Fergusoa of WA DOE reported that they have sent out an email requesting stakeholder input in anticipation of a scenario workshop being conducted on October 6 in the Portland area. A question regarding the designation of new anchorages drew a response from Capt. GiU, who reported that they had been given approval to test anchorage sites: one at Rice Island near Astoria, one below Port Westward, and one below Longview at Fish Island. Medical Oversight - Ms. Ferns noted that proposed rule language for medical oversight has been submitted to the Board for consideration. The proposed rules require pilots to submit physical exam forms to the U.S. Coast Guard annually for review, rather than every other year. The Board wiu seek a memorandum of understanding with the Coast Guard to set-up this procedure. Pending that action, the committee would like to move forward with the proposed rule language, which has a delayed effective date of 3/01/2017. If for some reason the memorandum with the Coast Guard does not work out, the rule can be repealed. After discussion of the particulars of the new requirements, a MOTION to enter the proposed language into rulemaking was seconded and CARRIED. STAFF REPORT: Budget - Board members were presented with the latest budget reports from May 31 and June 30, 2016. Just over 43% of the budget has been expended at the half-way point of the biennium. PRESENTATION: Columbia River Bar Pilots Proposed Stipulation to Order 10-02 - Michael Haglund, counsel for the Columbia River Bar Pilots (CRBP) explained the purpose and effect of the proposed second stipulation, gave an historic overview, and the impact on rates and rate structure. He circulated a handout which contained copies of the previous rate order, settlement, an affidavit, the first stipulation and the proposed second stipulation. Mr. Haglund discussed the proposed stipulation, which keeps the number of pilot FTEs at the floor of 17.07, but allows pilots to use a cau-back system in lieu of staffing. They conducted a test of the call-back system in March of this year. Mike Titone of the CRBP explained the process of how they came to the agreement with the parties. Also noted was a provision of the proposed stipulation for mediation of disputes regarding staf&ag being referred to the Board for resolution. There was discussion of the call-back system test and how the proposal affects the fatigue mitigation program, as well as the interpretation of the first stipulation with respect to replacing FTEs. This wiu be an action item at the September Board meeting. ELECTION: Vice Chait - Ms. Ferns announced that since the departure of former Board member Tom Markgraf, the position of Vice Chair has been vacant. Gary Piercy is the next most-experienced public member, and she nominated him for the position of Vice Chair. The nomination was MOVED and seconded, and CARRIED. PUBLIC COMMENT/FOR THE GOOD OF THE ORDER: Ms. Ferns announced that at the close of the meeting the Board will conduct an Executive Session regarding advice of counsel on ex parte contacts. Mr. Haglund expressed hope that stakeholder attorneys would have an opportunity to discuss this issue with counsel.
Oregon Board of Maritime Pilots Page 3 The meeting adjourned at 3:35 p.m. The next meeting is scheduled for September 22, 2016. The Board entered into Executive Session as provided in ORS 192.660(2) ( ), to consider information or records that are exempt from disclosure by law, including written advice from the Board's attorney. Executive Session adjourned at 4:40 p.m. Respectfully submitted, (L c.^/- v Susan Johns on, A^dministrator License Renewals - As submitted on the agenda, the following licenses are scheduled for renewal in July & August: On the Columbia and WiUamette River pilotage grounds - M.S. Davis #156, S.E. Woods #092, J.A. Aschoff#148, C.P. Dobbins #152, D.M.Johnson #172, J.L. GaUoway #122 andj.d.jurgensen #136. On the Columbia River Bar pilotage ground -J.C. Sohlberg #164 and W.P. Black #165. On the Coos Bay Bar pilotage ground G.R. Wales #157. Approved 9/22,16, Minutes #510
Oregon Board of Meantime Pilots Page 4 Minutes ff 508 -July 21, 2016 M/V CLYMENE REPORT OF July 21, 2016 SUBMITTED BY: Capt. R. W. Johnson SUBJECT: Striking Buoy #39 PILOT: Capt. Chris Farrell VESSEL PARTICULARS: LOA: 738' BREADTH: 106' DRAFT: FWD: 17'-06" AFT: ll'-ll" GRT: 40,244 REGISTRATION: Malta CLASSIFICATION: Lloyds Register CREW: Ukrainian Officers and Filipino crew INCIDENT DETAILS: The Clymene arrived off the Columbia River pilot station at 1930 Wednesday June 22nd. She was boarded by helicopter by Capt. Joe Sohlberg at 1948 and proceeded into the Astoria anchorage. She anchored in the Astoria north anchorage near the end of the ebb current at 2230 with the port anchor having the normal 7 shorts of chain to the water's edge. When the ship was told to let go the anchor there was a delay on the forecastle and the ship got a little close to the ship ahead. Captain Sohlberg decided to go to his next job and return after Clymene had settled out and move her if necessary. On returning Capt. Sohlberg decided that she did need to be repositioned. He boarded the ship at 0242 and dropped the port anchor again at 0302. Before leaving the bridge the Captain was instructed to keep good watches as the current was going to be very strong over the next several hours. There was a very strong ebb current running from about 0330 until noon with a fall in the tide of 9.6/. When Capt. Farrell returned to the pilot office after having taken a ship to sea Capt. Sohlberg told him that he thought the Clymene might be dragging as she was getting quite close to buoy #39. They looked at her position on AIS and visually after which Capt. Farrell decided to go out and confirm her position from the pilot boat Conner Foss. When reaching the ship the buoy was very close on her port side confirming that the ship was dragging anchor. The ship was called on the VHF and told that a pilot would come onboard immediately and to lower the gangway. The Chief Officer, the duty mate, came down to the deck and Capt. Farrell went onboard. The duty officer had apparently not noticed that the ship was dragging anchor. On reaching the bridge the Chief Officer was the only one present so he started calling the Captain and engine room to make the ship ready to shift. Capt. Farrell checked the location of the buoy and it was just clear on the port side right at the stern. When the Captain came to the bridge Capt. Farrell asked if the forecastle was manned as he wanted to heave the ship forward using the anchor windlass to get her away from the buoy quickly. The Captain informed him that the mate was still going forward. Capt. Farrell then asked if the engine could be used. The Captain replied yes, so he went hard to port on the rudder and dead slow ahead was ordered in order to kick the stem away from the buoy.
Oregon Board of Maritime Pilots Page 5 During the short time from when Capt. Farrell had looked at the buoy and when he started the engine the ship had either dragged further back or yawed over towards the buoy and the wheel caught the buoy chain wrapping it around the propeller at the boss. It was soon realized that the ship was tangled to the buoy chain. The starboard anchor was lowered down to two shots in the water and the ship held steady. Notifications were made to the Coast Guard, agent and pilot office where a relief was ordered. Capt. Farrell was relieved at 0812 and went ashore for drug and alcohol tests which were negative. A dive boat and two tugs arrived about noon and Capt. Waer spent the afternoon working with the diver, turning the engine ahead and astern with the jacking gear while the diver made repeated checks in an attempt to clear the chain from the propeller. Capt. Waer completed his shift and was relieved by Capt. Johnson at 1820. The dive boat wanted the engine turned ahead at this point and shortly thereafter the buoy floated free. The ship was then moved up into the anchorage using the two tugs, but not the main engine and the port anchor let go at 2015 slacking to 7 shots in the water. ENVIRONMENTAL CONDITIONS: Morning Good visibility Southerlywind 5Kts Temperature 60 DISCUSSION: When we are experiencing spring tides (during the time of full and new moon) the ebb current is much stronger than an average current and can reach 5 knots in the anchorage. The Bar Pilots always give Captains strict instructions to maintain good watches, particularly at these times, and to use the engine or let out more chain or a second anchor if they drag. In this case the pilots were not called, but noticed that the ship was dragging back towards the buoy and took assertive action to board the ship and move her back to a safe distance from the buoy. By the time Capt. Farrell got onboard and the ship was ready to shift, it was too late and she may have already snared the buoy chain and in any case was very close to the buoy. In the short time Capt. Farrell had to assess the situation he felt there was enough room to get clear of the buoy. There was not enough room and the tangle was the result. RECOMMENDATION: This is a case where a proactive pilot was forced to make a quick decision on how best to extricate the ship from a bad position. With the forecastle not manned he did not have the option of pulling her with the anchor which left the engine to get away from the buoy. Although close it was visually clear so he gave a kick on the engine. As it turned out he was not clear, but I do not fault the pilot for being attentive to the developing situation and in a proactive manner attempting to move the ship to safety. SAFETY EQUIPMENT: Not applicable. Respectfully Submitted: Capt. Robert W. Johnson
Page 6 Oregon Board of Maritime Pilots vi/v CLYMENE Pictures The buoy, mostly under water due to A ship's mooring line was the strong current, after fouling. attached to the buoy to steady it and pull it free The position of the ship at 0500, before she started to drag. The ship with two anchors out while trying to free the buoy. About 0520 the ship took a big shear to starboard which stretched the chain to the south and likely broke the anchor free. The position of the ship when the bar pilot was put onboard at 0603. Note the pilot boat alongside midships on starboard side.