Foss statement on appeal of T
Foss Maritime to appeal city determination on Terminal 5 permit May 8, 2015 CONTACT: Paul Queary, (206) 334-1483, paulq@strategies360.com Foss Maritime plans to appeal the city of Seattle's determination that Foss's use of the Port of Seattle's Terminal 5 is not allowed under the Port's existing use permit. The appeal process will take months to complete. In the meantime, Foss intends to provide its customer, Royal Dutch Shell, the services for which it contracted over the next few weeks as it prepares for the summer oil exploration season in Alaska. The city's position is not supported by the plain language of the permit at issue, and will cause long-term harm to the maritime industry as a whole. The permit for Terminal 5 allows Port customers to tie up vessels so that goods and cargo can be stored, loaded and unloaded, which is precisely what Foss is doing at Terminal 5. By taking this action so late in the day, Mayor Ed Murray is trying to stop a lawful project that has already put 417 people to work full-time and will soon employ hundreds more, many of them citizens of Seattle. Worse, he has openly solicited the Port of Seattle to use the city's action as a pretext to break a valid lease at Terminal 5, despite the separately elected Port Commission's recent unanimous vote to uphold the lease. These actions are an attempt to prevent one of the city's oldest and most prominent companies from performing marine services that it has provided and the Port has welcomed for generations. This action is akin to the mayor ordering Seattle City Light to cut off all electricity to Amazon on the Friday after Thanksgiving. If his actions simply impacted Foss, that would be bad enough. But it jeopardizes many other business activities across the waterfront, and calls into question the sincerity of the mayor's previous statements in support of the maritime sector. For example, under the city's initial determination, Alaska fishing trawlers would not be allowed to winter over at the cruise ship docks at Terminals 90 and 91; the Seattle Fire Department's fire boats could not dock at Terminals 90 and 91 as they are currently doing; and the vessels of the U.S. Navy and other navies that visit during Seafair would not be allowed to tie up at Port facilities. Maritime businesses from Ballard to South Park are doubtless nervously checking their permits and wondering whether the mayor will deem them worthy. Foss believes that the permitting at Terminal 5 is appropriate for our use, and that the city's determination is a statement of politics rather than policy. Accordingly, we will challenge it through the appropriate channels. The process looks like this: Foss will appeal the determination to the Seattle Hearing Examiner within 14 days. Other interested parties, such as the Port, may join in the appeal. The Hearing Examiner will then set a hearing date on the matter. The hearings officer would typically produce a ruling on the matter within 15 days after the hearing. Under normal circumstances, the city would not issue a violation to Foss or the Port of Seattle until and unless it prevailed in the hearing. ### ABOUT FOSS MARITIME Founded in 1889, Seattle-based Foss Maritime offers a complete range of maritime services and project management to customers across the Pacific Rim, Europe, South America and around the globe. Foss has one of the largest fleets of tugs and barges on the American West Coast. The company has harbor services and transportation operations in all major U.S. West Coast ports, including the Columbia and Snake River system, Hawaii and Alaska. Foss operates two shipyards and offers worldwide marine transportation, emphasizing safety, environmental responsibility and high-quality service. See www.foss.com for more information.
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