SALVORS AND THE INCIDENT COMMAND SYSTEM: WHERE DO THEY FIT IN?1

Abstract

ABSTRACT The Oil Pollution Act of 1990 (OPA 90) and implementing regulations are largely silent on the importance of salvage in protecting the marine environment during a spill or the substantial threat of a spill. Recent responses have clearly confirmed that salvage can be the primary form of marine pollution control and that it must become a conspicuous component of any Incident Command System (ICS) exercise, actual or training. ICS documentation and National Preparedness for Response Exercise Program (NPREP) exercises still do not give appropriate prominence to salvage operations. Important organizational and management issues must be addressed so that a Unified Command can integrate effective salvage response with its management of spill control and cleanup operations. Important factors influence relationships between public representatives, the responsible party (RP), and the salvor. The Federal On-Scene Coordinator (FOSC) and State On-Scene Coordinator (SOSC) represent OPA 90's demand for public oversight of response operations. The RP is obligated to deliver competent salvage assistance immediately. Salvors respond to dynamic conditions and contract terms defining payment may influence their approach. Public representatives generally are not experienced in the commercial, technical, and practical aspects of salvage. Salvors, who historically have had exclusive control over salvage operations, may be constrained by multi-jurisdictional organization that emphasizes consensus decision making. For effective use of an ICS integrating salvage, all parties must appreciate the others' motivations. For the FOSC and SOSC, this entails an appreciation for the technical and contractual pressures on the commercial salvor. For the salvors, it is learning to work in a public environment. The challenge is to use ICS flexibility to its fullest advantage. Salvors' proper fit into the organization can maximize the response synergy the Unified Command can deploy. This paper identifies obstacles to the integration of salvage into ICS and offers recommendations to improve ICS organizational relationships to maximize the benefits of professional salvage services.