>>8321838

Coast Guard Issues Captain of the Port Orders to Bouchard Transportation Vessels

https://coastguardnews.com/coast-guard-issues-captain-of-the-port-orders-to-bouchard-transportation-vessels/2020/02/13/

NEW YORK — The Coast Guard Captain of the Port of New York and New Jersey has issued an order to Bouchard Transportation Company requiring that three tug and fuel barge units currently anchored in New York Harbor immediately be moved out of anchorage and moored at a safe berth. They will be required to remain at safe berth until undergoing additional safety inspections to determine they are fit to return to service

As a result of recent safety checks, the Coast Guard has determined the operational condition of these vessels poses a risk to the safety of New York and New Jersey waterways. Specifically, Bouchard has been unable to consistently maintain safe fuel and manning levels aboard these vessels, and does not have adequate contingencies in place for emergency weather or other conditions requiring movement within the port.

“My number one priority is to ensure not only the safety of the public and our waterways, but the health and well-being of the crews who do the difficult and hazardous work of operating these vessels.” said Capt. Jason Tama, Captain of the Port of New York. “This is not an action we wanted to take, however, we have a responsibility to keep our waterways safe, and Bouchard’s inability to maintain safe operational conditions aboard these tugs and fuel barges has forced me to take this step.”

There are currently three other Bouchard tug and fuel barge units at anchor in addition to several other Bouchard vessels moored at piers in New York and New Jersey. The Coast Guard is currently closely monitoring these additional vessels to ensure they do not pose a threat to the safety of the port.

Bouchard Ordered to Move Vessels to Safe Berth Over Safety Issues

https://gcaptain.com/bouchard-ordered-to-move-vessels-to-safe-berth-over-safety-issues/

Bouchard slapped with USCG NY Captain of the Port orders

https://www.marinelog.com/coastal/tugs-barges/bouchard-slapped-with-uscg-ny-captain-of-the-port-orders/

>>8321838

better result with Capt Twomwy's name, showing New Orleans instead of NY

USCG pursues enforcement action against Bouchard Transportation

https://www.marinelog.com/coastal/uscg-pursues-enforcement-action-against-bouchard-transportation/

The U.S, Coast Guard says it is pursuing enforcement action against Bouchard Transportation Company after it failed to comply with a captain of the port order for one of its two vessels anchored in the Marine Safety Unit Port Arthur, Texas, area of responsibility.

According to U.S. Coast Guard 8th District, the tugs Kim M. Bouchard and Danielle M. Bouchard and their associated barges have been anchored off Texas Point since mid-December with no known plans to move and crews unpaid since January, raising safety concerns for the crews remaining aboard as well as the public and other professional mariners, and environmental concerns for the region.

In accordance with the current captain of the port order, maximum civil penalties for the company may include fines of $94,219 for each violation and a class D felony punishable by up to six years in prison and a fine of up to $500,000.

Capt. Jacqueline Twomey, captain of the port of Port Arthur, issued captain of the port orders to both vessels February 10 to resolve problems regarding staffing and safety.

Danielle M. Bouchard’s order was amended to require additional repairs or to be moored at a dock. Twomey granted a three-day extension to the order for the Danielle M. Bouchard at the company’s request, but the company failed to comply by the extended deadline of Sunday. Twomey denied a second extension request.

Multiple Coast Guard men and women are in daily contact with crews remaining aboard both vessels to ensure they are safe and have adequate provisions. Twomey visited both tugs Tuesday and expressed her gratitude to the professional mariners aboard who understand their responsibility to the waterways and are continuing to diligently stand their watch and weather the situation to the best of their abilities. She assured them the Coast Guard’s top priority is their safety and wellbeing. She also told them all related fines and penalties will not be directed at them, but rather at Bouchard Transportation Company.

Combined, the tugs and barges are carrying nearly 200,000 gallons of oil, gas and other potential pollutants.

“The Coast Guard expects vessel owners to proactively manage the safety of their vessels and ensure operators have sufficient resources to maintain compliance with applicable requirements, and it is our responsibility to the public, professional mariners, and the marine transportation system to hold companies accountable when safety demands it,” said Twomey.

Coast Guard pursues enforcement action against Bouchard Transportation

https://coastguardnews.com/coast-guard-pursues-enforcement-action-against-bouchard-transportation/2020/02/28/

News15: Coast Guard Pursues Enforcement Action Against Bouchard Transportation Company

https://kadn.com/coast-guard-pursues-enforcement-action-against-bouchard-transportation-company/

(story on linked post)

>>8321838

>>8322125

News15: Coast Guard Pursues Enforcement Action Against Bouchard Transportation Company

https://kadn.com/coast-guard-pursues-enforcement-action-against-bouchard-transportation-company/

NEW ORLEANS —The Coast Guard is pursuing enforcement action against Bouchard Transportation Company after the shipping company failed to comply with a captain of the port order for one of its two vessels anchored in the Marine Safety Unit Port Arthur, Texas, area of responsibility.

The tugs Kim M. Bouchard and Danielle M. Bouchard and their associated barges have been anchored off Texas Point since mid-December with no known plans to move and crews unpaid since January, raising safety concerns for the crews remaining aboard as well as the public and other professional mariners, and environmental concerns for the region.

In accordance with the current captain of the port order, maximum civil penalties for the company may include fines of $94,219 for each violation and a class D felony punishable by up to six years in prison and a fine of up to $500,000.

Capt. Jacqueline Twomey, captain of the port of Port Arthur, issued captain of the port orders to both vessels February 10 to resolve problems regarding staffing and safety. Danielle M. Bouchard’s order was amended to require additional repairs or to be moored at a dock. Twomey granted a 3-day extension to the order for the Danielle M. Bouchard at the company’s request, but the company failed to comply by the extended deadline of Sunday. She denied a second extension request.

Multiple Coast Guard men and women are in daily contact with crews remaining aboard both vessels to ensure they are safe and have adequate provisions. Twomey visited both tugs Tuesday and expressed her gratitude to the professional mariners aboard who understand their responsibility to the waterways and are continuing to diligently stand their watch and weather the situation to the best of their abilities. She assured them the Coast Guard’s top priority is their safety and wellbeing. She also told them all related fines and penalties will not be directed at them, but rather at Bouchard Transportation Company.

Combined, the tugs and barges are carrying nearly 200,000 gallons of oil, gas and other potential pollutants.

“The Coast Guard expects vessel owners to proactively manage the safety of their vessels and ensure operators have sufficient resources to maintain compliance with applicable requirements, and it is our responsibility to the public, professional mariners, and the marine transportation system to hold companies accountable when safety demands it,” said Twomey.

>>8321838

sorry, Anon was getting results pertaining to NY harbor instead of New Orleans and USCG Capt Twomey.

The news15 New Orleans is informative

Bouchard does not sound like a properly managed company.

>>8322191

>>8321838

Just ready to post workboat article:

ATB operator Bouchard’s troubles continue

https://www.workboat.com/news/coastal-inland-waterways/atb-operator-bouchards-trouble-continue/

Trouble has snowballed in recent weeks for financially distressed Bouchard Transportation Co. Inc., one of the nation’s largest oceangoing tug and barge companies.

Port captains in four U.S. Coast Guard sectors — New York, New Orleans, and Port Arthur and Corpus Christi, Texas — have issued orders demanding that Melville, N.Y.-based Bouchard take action to secure the safety of several articulated tug-barge units that had been lying idle in local anchorages for many weeks, with unpaid crews aboard.

Further, several Bouchard employees sued the company for unpaid wages. According to a complaint filed in the U.S. District Court for the Southern District of New York on Feb. 11, the group and its attorneys seek class-action status for the suit. The mariners stated they had not been paid since Jan. 1, and that a payroll administrator had told them, “Bouchard would not be paying for the work the seamen on the fleet of Bouchard boats would be performing and had already performed in February 2020.”

Bouchard did not respond to WorkBoat’s request for comments but published a statement on its website on Feb. 14: “The past two years Bouchard has confronted tests the likes of which it has not faced in 100 years of history. Today’s Sector NY/NJ Captain of the Port Order on just eight of our 51 units is a further financial hurdle. Financial struggles are trial enough, but they are worse when they affect or worry our employees. We are working with financial and technical advisers to address the challenges at every level of our business. . . . Please know that we are working every day with clients, creditors and the authorities to put our house aright. We have a financial plan and a clear understanding of and commitment to all those who work with, support or rely upon us.”

Here’s what Bouchard is dealing with in different U.S. ports:

◾New York Harbor: Bouchard’s statement was posted in direct response to a Feb. 13 order from Capt. Jason Tama, Captain of the Port of New York, requiring that three ATB units be moved out of the anchorage and moored at safe berths because Bouchard, the Coast Guard said, was unable to maintain safe fuel and manning levels on these vessels and did not have contingency plans for moving them in case of emergency. Those three ATB units — tugboat Ellen S. Bouchard and the barge B. No. 262, Evening Star with barge B. No. 250 and Frederick F. Bouchard with barge B. No. 260 — were moved the following day to docks at the South Brooklyn Marine Terminal and Staten Island’s Homeport. Crews are required to remain aboard, and the Coast Guard is monitoring them as well as three other Bouchard ATBs still anchored in the harbor. “The Coast Guard is well aware that Bouchard is having internal labor issues,” Daniel L. Henry, public affairs officer for USCG Sector NY, said, noting that the Coast Guard has received complaints about low fuel levels and lack of pay from mariners on some boats. As a result, the Coast Guard has been doing daily “wellness checks” to talk with crews and assess conditions. “If you have a situation where people may be wanting to abandon boats or the potential for boats not to be properly manned, regardless of the issue, the Coast Guard is going to step in. The bottom line is we have to protect the seaways and the port.”

◾New Orleans: On Feb. 14, Capt. Kristi Luttrell, Commander of Coast Guard Sector New Orleans and Captain of the Port of New Orleans, issued Notices of Federal Assumption (NOFA) for two Bouchard ATBs — tugs Donna J. Bouchard and Bouchard Girls and associated barges — that had been at anchor outside the port since mid-November, according to Lt. John Edwards, public affairs officer for Coast Guard District 8. The orders say that the Coast Guard will take the vessels and federalize them to clean any potential pollution out of the barges and make them safe. “The notice did spark some conversation between Bouchard and the Captain of the Port,” Edwards said. Bouchard filed a petition for reconsideration, and Luttrell declined, but discussions are ongoing. Bouchard Girls was moved to Associated Terminals in Chalmette, La., a few days later. As of Feb. 19, Donna J. Bouchard was still at the nine-mile anchorage, and the NOFA was still in force for both vessels. Crews were still aboard.

(continued with Port Arthur)

>>8322222

>>8321838

ATB operator Bouchard’s troubles continue (continued)

https://www.workboat.com/news/coastal-inland-waterways/atb-operator-bouchards-trouble-continue/

◾Port Arthur, Texas: In early February some crewmembers aboard Danielle M. Bouchard and barge No 245 and the Kim M. Bouchard and barge B. No. 270, which had been anchored five miles off Sabine Pass near Port Arthur, Texas, since mid-December, threatened to abandon their posts because they said the vessels were unsafe because some crewmembers departed the vessels without replacement. In response, Capt. Jacqueline Twomey, Captain of the Port of Port Arthur and Commander of the Marine Safety Unit Port Arthur, issued Captain of the Port Orders on Feb. 9 and 10 requiring that the vessels be manned by minimum crew and remain in daily communication with the Coast Guard. The notice said that failure to do so could result in both civil penalties and Class D felony charges which are punishable by up to six years in prison and fines up to $250,000 per individual or $500,000 for an organization. “The goal is for Bouchard to take care of these vessels, and move them to safe berthing with at least minimum crew,” Public affairs Officer Edwards said, noting that the Coast Guard wants to hold the owners, not the vessel masters responsible. “The problem is that if Bouchard has no money and is unable or unwilling to pay for berthing, the Coast Guard needs to take charge.” The Coast Guard is in discussions with Bouchard, and as of Feb. 19, the vessels were still at anchor with crews, which had not been paid since Jan. 1, remaining aboard. “Everything is in a holding pattern,” one Coast Guard official said.

>>8321838

Article on the Beaumont Enterprise webpage Feb 27:

Coast Guard threatens to fine company that left tugs anchored off Sabine Pass

https://www.beaumontenterprise.com/news/article/Coast-Guard-threatens-to-fine-company-that-left-15090903.php

The Coast Guard is threatening New York-based Bouchard Transportation Co. with tens of thousands of dollars in fines for leaving two tugboats anchored offshore from Port Arthur for nearly three months.

"The tugs Kim M. Bouchard and Danielle M. Bouchard and their associated barges have been anchored off Texas Point since mid-December with no known plans to move and crews unpaid since January, raising safety concerns for the crews remaining aboard as well as the public and other professional mariners, and environmental concerns for the region," the Coast Guard said in a news release Thursday afternoon.

"In accordance with the current captain of the port order, maximum civil penalties for the company may include fines of $94,219 for each violation and a class D felony punishable by up to six years in prison and a fine of up to $500,000."

The Coast Guard two weeks ago ordered the company "to resolve problems regarding staffing and safety."

Beaumont TV station 12 News has been covering the plight of the tugs, anchored off Sabine Pass.

The Coast Guard reported the Bouchard tugs and barges are laden with "nearly 200,000 gallons of oil, gas and other potential pollutants."

Capt. Jacqueline Twomey, captain of the port of Port Arthur, is quoted in the news release:

“The Coast Guard expects vessel owners to proactively manage the safety of their vessels and ensure operators have sufficient resources to maintain compliance with applicable requirements, and it is our responsibility to the public, professional mariners, and the marine transportation system to hold companies accountable when safety demands it."

On Feb. 14, Bouchard issued a statement citing financial struggles. It said the company has for two years "confronted tests the likes of which it has not faced in 100 years of history."

The statement continued, "Please know that we are working everyday with clients, creditors, and the authorities to put our house aright. We have a financial plan and a clear understanding of and commitment to all those who work with, support or rely upon us."

Linked 12news Feb 25:

Crew change made on one of two stranded tugboats near Sabine Pass, vessels still can't dock

https://www.12newsnow.com/article/news/local/crew-change-made-on-one-of-two-stranded-tugboats-near-sabine-pass-vessels-still-cant-dock/502-5f37eb9e-889b-4de6-89a5-0665f0d1f0a5

PORT ARTHUR, Texas — Two tugboats remain anchored in the water a few miles from Sabine Pass, with crews unable to dock the boats after months of being in limbo. Four crew members aboard one of the boats were finally relieved by a new crew last week.

After members of the crew told the U.S. Coast Guard on February 10 that they were planning to abandon the two tugboat and barge units, the Coast Guard issued "Captain of the Port" orders for both the M/V Danille M. Bouchard and the M/V Kim M. Bouchard. Bouchard Transportation, a company based in New York, owns the vessels.

One of the crew members on board previously reached out to 12News.

The crew member said the tugboats, which are connected to barges, have been sitting there anchored since November 26.

Father Sinclair Oubre serves as the executive director of the Port Arthur International Seafarers Center.

12News reached out to Oubre by phone about the tugboat crews.

He says a crew change was made on the ‘Danielle’ early last week. Four crew members got off the boat, and four new crew members got on. He says the situation is becoming a little more urgent as the captain issued an order for the ‘Danielle’ to dock because of mechanical issues.

Father Oubre says the technical issues are not life-threatening, but called them ‘troublesome.’

The tugboat hasn’t yet docked even though the order was issued.

He says Bouchard Transportation must address some financial problems in order for the tugboat to dock.

Oubre says the company paid for $4,000 worth of fresh fruits and veggies to be given to the crew members.

The drop was coordinated by the maritime community. One crew member also needed medication, and another drop off is planned this week to get that to the ship.

>>8321838

Two tugboats stranded several miles off Sabine Pass, Coast Guard pushing for fix

12news Feb 14 2020

https://www.12newsnow.com/article/news/local/two-tugboats-stranded-miles-offshore-near-sabine-pass-coast-guard-working-to-find-fix/502-e579d556-f839-4914-b266-72b7b5fe49dc

SABINE PASS, Texas — The US Coast Guard is trying to figure out a way to keep the crew of two tugboats safe while stranded at sea, five miles from Sabine Pass.

One of the crew members on board spoke anonymously with 12News.

The crew member said the tugboats, which are connected to barges, have been sitting there anchored since November 26.

So, two weeks ago the crew member says he contacted the Coast Guard and threatened to abandon the tugboat he's on.

"It's an all-time low emotionally," the crew member said. "We're not really safe out here."

Days later on February 4, two members of each crew decided to leave by paying $1100, to get on a launch boat and return to land according to the crew member.

The man aboard also says the remaining ten people aboard the M/V Danielle M. Bouchard and the M/V Kim M. Bouchard have been working 35 straight days, a week more than a normal shift.

After members of the crew told the U.S. Coast Guard on, Monday, February 10, 2020, that they were threatening to abandon the two tugboat and barge units the Coast Guard issued "Captain of the Port" orders for both the M/V Danille M. Bouchard and the M/V Kim M. Bouchard.

The orders notified the captain, or master, of each tug as well as the owner of both tugs, Bouchard Transportation, that the crew had threatened abandon the vessels while at anchorage which is a violation of federal law.

12News spoke with Coast Guard public affairs officer Lt. John Edwards, with District 8, over the phone Thursday.

"It addresses the safety issues concerning some of the Bouchard vessels in the area. Ensuring that Bouchard knows that those vessels need to be properly manned," Edwards said.

The two orders push Bouchard to find a solution, but Edwards says the company hasn't come up with a fix to move the vessels.

12News reached out to the company via phone and email, but didn't receive a reply.

With the captain of the port orders, the Coast Guard is requiring the remaining crews to stay aboard.

"This prevents the company from abandoning the type of barge, an anchor, which poses an unacceptable risk to other vessels and the environment to the waterway," Edwards said.

Since Monday, the Coast Guard Vessel Traffic Service-Port Arthur has been contacting both tugboats daily.

"The members of the Coast Guard's Vessel Traffic Service, or VTS, will do daily check ins with the vessel to ensure the safety of the crew and to ensure their needs are being met," Edwards said. "The Coast Guard's priority is the safety of these mariners."

The crew member who spoke with 12News says there's no issue with food, water or supplies as of Thursday.

This is happening to other vessels across the country as well according to the person on board.

Lt. Edwards says the Coast Guard will remain a part of this issue until it's resolved.

"The captain of the port orders will stay in place until the issues outlined in them are remediated," Edwards said.

The person on board is calling on the local marine industry to find a way for these tugboats to dock, so the crew no longer is forced to stay out at sea.

USCG order to vessel Kim M. Bouchard 2pg pdf: https://drive.google.com/file/d/1zgQr3kH1PzSHpLlTKa5gts95uFMeP3dv/view

USCG order to vessel Danielle M. Bouchard 2pg pdf:

https://drive.google.com/file/d/1fl17PqU39OMpFuecqz0A8lwKeb5IZYxZ/view

>>8321838

Bun articles: USCG and Bouchard Transportation failure to pay/relieve tug crews for 60 days

>>8322034 (New York) Coast Guard Issues Captain of the Port Orders to Bouchard Transportation Vessels

>>8322125 (Port Arthur TX) USCG pursues enforcement action against Bouchard Transportation

>>8322139 (Port Arthur TX) News15: Coast Guard Pursues Enforcement Action Against Bouchard Transportation Company

>>8322222, >>8322230 (NY, New Orleans, Port Arthur, Corpus Christi) ATB operator Bouchard’s troubles continue

>>8322292 Article on the Beaumont Enterprise webpage Feb 27 / 12news article Feb 25

>>8322354 Two tugboats stranded several miles off Sabine Pass, Coast Guard pushing for fix

12news Feb 14 2020 / USCG order Kim M Bouchard pdf / USCG order Danielle M Bouchard pdf

kek, thanks for the bun work also

>>8321838

Port Arthur International Seafarers Center Facebook posting

https://www.marinelog.com/coastal/tugs-barges/mariners-sue-bouchard-for-unpaid-wages/?utm_source=&utm_medium=email&utm_campaign=13367

Mariners sue Bouchard for unpaid wages

MarineLog Feb 19 2020

Bouchard Transportation’s problems continue to mount. In addition to being the subject of multiple Captain of the Port Orders (see earlier story), the company faces a lawsuit brought on behalf of several Bouchard mariners who assert that they have not been paid for any work performed this year.

A complaint filed February 11 in the U.S. District Court for the Southern District of New York, asserts that Bouchard Transportation has benefitted from the labor of some 200 employees from January 1, 2020, to the present without issuing any compensation.

CLASS ACTION STATUS SOUGHT

The suit has been brought by New York attorney Paul Hofmann of law firm

Hofmann & Schweitzer, on behalf of several Bouchard employees. They come from many different states and are seeking class action status for the suit.

According to the complaint, the seamen were told by the company’s payroll administrator that Bouchard would not be making the payroll payments scheduled for February 7 for any work already performed by the seamen on any vessel in its fleet performed in January 2020 .

After hearing that they would not be paid, the complaint asserts, some plaintiffs returning from vacation breaks have refused to report to their vessels. Some plaintiffs continue to work on their vessels out of a sense of loyalty, fear of discipline, or to retain their Coast Guard licenses and documentation. Furthermore, says the complaint, some were told that if they left their vessels unattended or otherwise not in compliance with Coast Guard regulations, the seamen would be subject to Coast Guard discipline.

In failing to make daily wage payments, plaintiffs claim that Bouchard violated their employment contracts as well as federal labor laws. Each employee is seeking the full amount of unpaid wages due to him, as well as penalty wages, fees, and attorney costs. The amount of wages owed to current plaintiffs ranges from $5,760 to $15,250, not counting any contributions to fringe benefit programs, bonuses, retirement accounts, or future opportunities.

Court documents filed by Hofmann & Schweitzer claim that Bouchard’s refusal to pay wages creates a lien for each plaintiff against the vessels on which they sailed and worked. As a result, says the law firm, seamen serving on any vessel in the fleet who have not been paid in full for performing their duties should take quick action to preserve their rights to file a claim.

If the court denies class action status, says the law firm, Bouchard employees have the right to retain counsel to pursue individual claims. All are hopeful that the pending legal action will allow them to recoup the money owed to them, whether or not they continue employment with the company.

>>8321838

ThanQ to the Port Arthur International Seafarers Center that help and provide a safe haven of rest for the US seafarers the operate the tugs and barges for our Nation's ports.

The Seafarers employed by Bouchard have been grievouslywronged by the company's poor management, leaving some stranded and without pay.

Hope the USCG takes the necessary actions and adjust rules as necessary to ensure the workers are safe as well as the waterways. The two go hand in hand.

ThanQ Anon for bringing the issue to our attention, American workers make America great. WWG1WGA!

Knight Shift edition

after much digging, Brave Reepicheep and I find that extraordinary