Section 9. (a) An owner or operator of a tank vessel carrying 6,000 or more barrels of oil may provide 24-hour notice to the department, in a manner to be determined by the department, of the owner or operator’s intent to enter or operate such vessel in Buzzard’s Bay.
(b) If 24-hour notice is given, pursuant to subsection (a) and the tank vessel is unaccompanied by a tugboat escort, the commissioner shall dispatch a state pilot, if requested by the owner or operator, to the towing vessel.
(c) The commissioner shall dispatch rescue tugs in Buzzards Bay to be available to tank vessels carrying 6,000 or more barrels of oil, unaccompanied by a tugboat escort, entering or operating in Buzzards Bay. The commissioner shall establish by regulation the maximum response times that rescue tugs shall maintain upon being dispatched.
(d) If no state pilot is requested under subsection (b), a rescue tug dispatched under subsection (c) shall be manned by a state pilot. A state pilot may be dispatched by the commissioner to request boarding of the towing vessel. If the towing vessel refuses to allow the state pilot to board and a rescue tug is dispatched under said subsection (c), the state pilot may board said rescue tug at the direction of the commissioner. If no rescue tug is dispatched at the direction of the commissioner, the state pilot may monitor the safe passage of the vessel and provide information to the tank vessel operator on current and anticipated navigational issues from the pilot boat or from the rescue tug.
(e) The state pilot or operator of the rescue tugs shall report to the commissioner all near and actual navigational incidents that could potentially lead to an oil spill including, but not limited to: tank vessels traveling outside of the designated vessel route as appearing on the national oceanic and atmospheric administration chart for Buzzards Bay; failure to use AIS; near or actual collisions, allisions or groundings; steering or engine failures; and towing gear failures. The commissioner shall record, make available to the public, and keep on file these reports for not less than 10 years.
(f) Notwithstanding subsection (c), the commissioner may authorize longer response times and fewer state pilots if he determines that exigent circumstances exist. No such authorization shall be construed to relieve or otherwise limit the liability of an owner or operator of a tank vessel for any release of oil that occurs while the tank vessel enters or operates in Buzzards Bay. The commissioner shall report annually on January 1, to the joint committee on the environment, natural resources and agriculture the number of occasions that such exemptions were authorized.
(g) The commissioner shall adopt regulations for the implementation and enforcement of this section including, but not limited to, the dispatching of state pilots, manning requirements, and maximum response times.
(h) The commissioner, after a competitive bidding process, may evaluate such bids and may enter into contracts with companies to dispatch and provide rescue tugs, which meet or exceed the standards required under this section.
Section 9. (a) An owner or operator of a tank vessel carrying 6,000 or more barrels of oil may provide 24-hour notice to the department, in a manner to be determined by the department, of the owner or operator’s intent to enter or operate such vessel in Buzzard’s Bay.
(b) If 24-hour notice is given, pursuant to subsection (a) and the tank vessel is unaccompanied by a tugboat escort, the commissioner shall dispatch a state pilot, if requested by the owner or operator, to the towing vessel.
(c) The commissioner shall dispatch rescue tugs in Buzzards Bay to be available to tank vessels carrying 6,000 or more barrels of oil, unaccompanied by a tugboat escort, entering or operating in Buzzards Bay. The commissioner shall establish by regulation the maximum response times that rescue tugs shall maintain upon being dispatched.
(d) If no state pilot is requested under subsection (b), a rescue tug dispatched under subsection (c) shall be manned by a state pilot. A state pilot may be dispatched by the commissioner to request boarding of the towing vessel. If the towing vessel refuses to allow the state pilot to board and a rescue tug is dispatched under said subsection (c), the state pilot may board said rescue tug at the direction of the commissioner. If no rescue tug is dispatched at the direction of the commissioner, the state pilot may monitor the safe passage of the vessel and provide information to the tank vessel operator on current and anticipated navigational issues from the pilot boat or from the rescue tug.
(e) The state pilot or operator of the rescue tugs shall report to the commissioner all near and actual navigational incidents that could potentially lead to an oil spill including, but not limited to: tank vessels traveling outside of the designated vessel route as appearing on the national oceanic and atmospheric administration chart for Buzzards Bay; failure to use AIS; near or actual collisions, allisions or groundings; steering or engine failures; and towing gear failures. The commissioner shall record, make available to the public, and keep on file these reports for not less than 10 years.
(f) Notwithstanding subsection (c), the commissioner may authorize longer response times and fewer state pilots if he determines that exigent circumstances exist. No such authorization shall be construed to relieve or otherwise limit the liability of an owner or operator of a tank vessel for any release of oil that occurs while the tank vessel enters or operates in Buzzards Bay. The commissioner shall report annually on January 1, to the joint committee on the environment, natural resources and agriculture the number of occasions that such exemptions were authorized.
(g) The commissioner shall adopt regulations for the implementation and enforcement of this section including, but not limited to, the dispatching of state pilots, manning requirements, and maximum response times.
(h) The commissioner, after a competitive bidding process, may evaluate such bids and may enter into contracts with companies to dispatch and provide rescue tugs, which meet or exceed the standards required under this section.
Section 9. (a) An owner or operator of a tank vessel carrying 6,000 or more barrels of oil may provide 24-hour notice to the department, in a manner to be determined by the department, of the owner or operator’s intent to enter or operate such vessel in Buzzard’s Bay.
(b) If 24-hour notice is given, pursuant to subsection (a) and the tank vessel is unaccompanied by a tugboat escort, the commissioner shall dispatch a state pilot, if requested by the owner or operator, to the towing vessel.
(c) The commissioner shall dispatch rescue tugs in Buzzards Bay to be available to tank vessels carrying 6,000 or more barrels of oil, unaccompanied by a tugboat escort, entering or operating in Buzzards Bay. The commissioner shall establish by regulation the maximum response times that rescue tugs shall maintain upon being dispatched.
(d) If no state pilot is requested under subsection (b), a rescue tug dispatched under subsection (c) shall be manned by a state pilot. A state pilot may be dispatched by the commissioner to request boarding of the towing vessel. If the towing vessel refuses to allow the state pilot to board and a rescue tug is dispatched under said subsection (c), the state pilot may board said rescue tug at the direction of the commissioner. If no rescue tug is dispatched at the direction of the commissioner, the state pilot may monitor the safe passage of the vessel and provide information to the tank vessel operator on current and anticipated navigational issues from the pilot boat or from the rescue tug.
(e) The state pilot or operator of the rescue tugs shall report to the commissioner all near and actual navigational incidents that could potentially lead to an oil spill including, but not limited to: tank vessels traveling outside of the designated vessel route as appearing on the national oceanic and atmospheric administration chart for Buzzards Bay; failure to use AIS; near or actual collisions, allisions or groundings; steering or engine failures; and towing gear failures. The commissioner shall record, make available to the public, and keep on file these reports for not less than 10 years.
(f) Notwithstanding subsection (c), the commissioner may authorize longer response times and fewer state pilots if he determines that exigent circumstances exist. No such authorization shall be construed to relieve or otherwise limit the liability of an owner or operator of a tank vessel for any release of oil that occurs while the tank vessel enters or operates in Buzzards Bay. The commissioner shall report annually on January 1, to the joint committee on the environment, natural resources and agriculture the number of occasions that such exemptions were authorized.
(g) The commissioner shall adopt regulations for the implementation and enforcement of this section including, but not limited to, the dispatching of state pilots, manning requirements, and maximum response times.
(h) The commissioner, after a competitive bidding process, may evaluate such bids and may enter into contracts with companies to dispatch and provide rescue tugs, which meet or exceed the standards required under this section.
