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CLAIM SUMMARY / DETERMINATION 

Claim Number: M20009-0001 

Claimant: Safe Harbor Seafoods 

Type of Claimant: Corporate 

Type of Claim: Removal Costs 

Claim Manager: 

Amount Requested: $75,000.00

Action Taken: Offer in the amount of $64,000.00

EXECUTIVE SUMMARY:: 

On December 3, 2019, the F/V IRIS MARIE caught fire and sank while moored at the Safe 

Harbor Marina dock in Mayport, Florida, subsequently causing the F/V TRITON to catch fire 

and sink. The incident resulted in the release of diesel fuel into the Saint John’s River; a 

navigable waterway of the United States.

1

 Coast Guard (CG) Sector Jacksonville Incident 

Management Division (IMD) was dispatched to serve as Federal On Scene Coordinator (FOSC),

and opened separate Federal Project Numbers (FPN) for each vessel’s spillage on December 4, 

2019.2 As such, the owner of the F/V IRIS MARIE (Mr . or RP) and the 

owner of the F/V TRITON (Mr. Jr. or RP) were each identified as responsible 

party’s (RP’s), as defined by the Oil Pollution Act of 1990.3

Florida Department of Environmental Protection (FL DEP), in its capacity as the State On 

Scene Coordinator (SOSC), was dispatched to assist with the cleanup of the oil spill,

4 and

coordinated with CG Sector Jacksonville IMD.5 On January 8, 2020, FL DEP directed Safe 

Harbor Seafoods (Safe Harbor or Claimant) to remove the sunken vessels from Safe Harbor 

Marina.6 Safe Harbor Seafoods contracted Salonen Marine, Inc. to remove the F/V IRIS MARIE 

and F/V TRITON from the waterway7, and paid all expenses to Salonen Marine, Inc. for costs 

associated with the vessel removal.8

On March 12, 2020, Safe Harbor Seafoods presented its removal costs claim to the National 

Pollution Funds Center (NPFC) for $75,000.00.9

 The NPFC has thoroughly reviewed all 

documentation submitted with the claim, analyzed the applicable law and regulations, and after 

careful consideration has determined that $64,000.00 of the requested amount is compensable 

and offers this amount as full and final compensation of this claim.

 

1 SITREP 1, dated December 4, 2019.

2 Federal Project Number M20009, opened December 4, 2020 for the F/V IRIS MARIE, and Federal Project 

Number M20010, opened December 4, 2020 for the F/V TRITON. 3 33 U.S.C. § 2701(32).

4 FL DEP Emergency Field Authorization, dated January 14, 2020.

5 Email from FOSC to NPFC, dated March 23, 2020.

6 FL DEP warning letter, dated January 8, 2020.

7 Removal Agreement for F/V IRIS MARIE, dated January 7, 2020, and Removal Agreement for F/V TRITON, 

dated January 7, 2020.

8 Check Number 82225, dated January 22, 2020, and Check Number 82342, dated January 31, 2020. 9 Safe Harbor Seafoods claim submission, dated March 3, 2020.

(b) (6) (b) (6) (b) (6)
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I. INCIDENT, RESPONSIBLE PARTY AND RECOVERY OPERATIONS:

Incident

On December 3, 2019, a fire started onboard the F/V IRIS MARIE for reasons unidentified, 

causing the vessel to become fully engulfed in fire and sank.10 The F/V IRIS MARIE was 

moored outboard the F/V TRITON, and the fire onboard the F/V IRIS MARIE caused the F/V 

TRITON to catch fire and sink. Both vessels were moored at the Safe Harbor Marina dock.11 The 

spill resulted in the discharge of diesel fuel into the Saint Johns River, a navigable waterway of 

the United States.

12

FL DEP, in its capacity as the State On Scene Coordinator (SOSC), was dispatched to the 

scene following their notification of the spill and coordinated with CG Sector Jacksonville IMD, 

who served as the FOSC for the spill.13 The SOSC issued a warning letter to Mr. , 

the owner and President of Safe Harbor Seafoods, directing Mr. to cleanup the oil and 

remove the sunken vessels from Safe Harbor Marina.14 Safe Harbor Seafoods contracted Salonen 

Marine, Inc. (Salonen Marine) to handle cleanup and disposal of the vessels.

15 CG Sector 

Jacksonville IMD monitored Salonen Marine’s cleanup activity.16

Responsible Party

The FOSC identified the owner of the F/V IRIS MARIE and the owner of the F/V TRITON

as the RP’s on December 4, 2019.17 The NPFC issued separate Responsible Party Notification 

Letters to the owner of F/V IRIS MARIE, and to the owner of F/V TRITON on March 13, 

2020.18 The NPFC has received no notification or response from the RPs. 

Recovery Operations

On January 16, 2020, Salonen Marine was notified by Safe Harbor Seafoods of the oil spill 

release nearby Safe Harbor Marina in Mayport, Florida, and was contracted to assist with 

cleanup and removal of the vessels causing the spill.

19 Salonen Marine arrived on-site and began 

oil cleanup and vessel removal operations on January 18, 2020.20

 

10 Email from FOSC to NPFC, dated January 9, 2020. 11 Notice of Designation Letter for M20009, dated January 9, 2020, and Notice of Designation Letter for M20010, 

dated Janaury 9, 2020.

12 SITREP 1, dated December 4, 2019. 13 Email from FOSC to NPFC, dated March 23, 2020. 14 FL DEP warning letter, dated January 8, 2020. 15 F/V IRIS MARIE Removal Agreement with Salonen Marine, Inc. signed by Mr. on January 16, 2020, and 

F/V TRITON Removal Agreement with Salonen Marine, Inc. signed by Mr. on January 16, 2020.

16 Email from FOSC to NPFC, dated March 23, 2020. 17 Notice of Federal Interest to Mr. , dated December 4, 2020, and Notice of Federal Interest 

to Mr. Jr., dated December 4, 2020. 18 NPFC RP Notification Letter to owner of F/V IRIS MARIE., dated March 13, 2020, and NPFC RP Notification 

Letter to owner of F/V TRITON, dated March 13, 2020.

19 F/V IRIS MARIE Removal Agreement with Salonen Marine, Inc. signed by Mr. on January 16, 2020, and 

F/V TRITON Removal Agreement with Salonen Marine, Inc. signed by Mr. on January 16, 2020. 20 Email from FOSC to NPFC, dated March 23, 2020.

(b) 

(6)

(b) (6) (b) 

(6)

(b) (6) (b) (6) (b) (b) 

(6) (6)

(b) 

(6)
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Pieces of the F/V IRIS MARIE were removed from the waterway. The pieces were then 

placed on the deck of a Salonen Marine barge in preparation for transport to Salonen Marine’s 

yard for disposal.21 Pieces from the F/V TRITON were also removed from the waterway and 

placed on a separate barge in preparation for transport and disposal.22 The barges carrying the 

debris from the vessels departed Safe Harbor Marina via tug boats to a facility in Fernandina, 

Florida for disposal.

23 All cleanup/vessel removal operations were completed on January 31, 

2020.24

II. CLAIMANT AND RP:

Absent limited circumstances, the federal regulations implementing the Oil Pollution Act of 

1990 (OPA)25 require all claims for removal costs or damages must be presented to the 

responsible party before seeking compensation from the NPFC.26

Safe Harbor Seafoods submitted its request for compensation to the owner of F/V IRIS 

MARIE for $75,000.00 on February 3, 2020.

27 The RP replied on February 7, 2020, stating they 

did not have the financial resources necessary to pay the costs submitted, and subsequently 

denied the costs.28

Safe Harbor Seafoods submitted its request for compensation to the owner of F/V TRITON 

for $75,000.00 on March 20, 2020.29 The RP replied on March 20, 2020, stating they did not 

have the financial resources necessary to pay the costs submitted, and subsequently denied the 

costs.30

III. CLAIMANT AND NPFC:

When an RP denies payment on claim, a claimant may elect to present its claim to the 

NPFC.31 On March 12, 2020, the NPFC received a claim for $75,000.00 from Safe Harbor 

Seafoods, dated March 3, 2020.32 On March 19, 2020, the NPFC requested Claimant provide 

proof of submission of all costs to the owner of the F/V TRITON.33 On March 20, 2020, 

Claimant provided proof of submission to the owner of the F/V TRITON, along with proof of the 

RP’s denial to pay the costs.34 Upon receipt of denial of all costs by both RPs, Safe Habor

 21 Salonen Marine, Inc. Breakdown of Costs for Invoice 354142. 22 Salonen Marine, Inc. Breakdwon of Costs for Invoice 354144. 23 Salonen Marine, Inc. Breakdown of Costs for Invoice 354142, and Salonen Marine, Inc. Breakdown of Costs for 

Invoice 354144.

24 Email from FOSC to NPFC, dated March 23, 2020. 25 33 U.S.C. § 2701 et seq. 26 33 CFR 136.103(c)(1). 27 Letter from Safe Harbor Seafoods to the owner of F/V IRIS MARIE, dated February 3, 2020. 28 Letter from owner of F/V IRIS MARIE to Safe Harbor Seafoods, dated February 7, 2020. 29 Letter from Safe Harbor Seafoods to the owner of F/V TRITON, dated March 20, 2020. 30 Letter from owner of F/V TRITON to Safe Harbor Seafoods, dated March 20, 2020. 31 33 CFR 136.103. 32 Safe Harbor Seafoods claim submission, dated March 3, 2020. 33 Email summary of telephone conversation between Moseley Prichard Parrish Knight & Jones Attorneys and 

Counselors at Law and the NPFC, dated March 19, 2020. 34 Letter from Safe Harbor Seafoods to the owner of F/V TRITON, dated March 20, 2020, and Letter from owner of 

F/V TRITON to Safe Harbor Seafoods, dated March 20, 2020.
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submitted its claim to the NPFC. The NPFC began the adjudication process of the claim 

submission on March 20, 2020.

IV. DETERMINATION PROCESS:

 The NPFC utilizes an informal process when adjudicating claims against the Oil Spill 

Liability Trust Fund (OSLTF).35 As a result, 5 U.S.C. § 555(e) requires the NPFC to provide a 

brief statement explaining its decision. This determination is issued to satisfy that requirement.

 When adjudicating claims against the OSLTF, the NPFC acts as the finder of fact. In this 

role, the NPFC considers all relevant evidence, including evidence provided by claimants and 

evidence obtained independently by the NPFC, and weighs its probative value when determining 

the facts of the claim.36 The NPFC may rely upon, is not bound by the findings of fact, opinions, 

or conclusions reached by other entities.37 If there is conflicting evidence in the record, the 

NPFC makes a determination as to what evidence is more credible or deserves greater weight, 

and makes its determination based on the preponderance of the credible evidence.

V. DISCUSSION: 

 OPA provides a mechanism for compensating parties who have incurred removal costs where 

the responsible party has failed to do so. Removal costs are defined as “the costs of removal that 

are incurred after a discharge of oil has occurred or, in any case in which there is a substantial 

threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from an 

incident.”38 The term “remove” or “removal” means “containment and removal of oil [...] from 

water and shorelines or the taking of other actions as may be necessary to minimize or mitigate 

damage to the public health or welfare, including, but not limited to fish, shellfish, wildlife, and 

public and private property, shorelines, and beaches.”39

 The NPFC is authorized to pay claims for uncompensated removal costs that are consistent 

with the National Contingency Plan (NCP).40 The NPFC has promulgated a comprehensive set 

of regulations governing the presentment, filing, processing, settling, and adjudicating such 

claims.41 The claimant bears the burden of providing all evidence, information, and 

documentation deemed relevant and necessary by the Director of the NPFC, to support and 

properly process the claim.42

 35 33 CFR Part 136. 36 See, e.g., Boquet Oyster House, Inc. v. United States, 74 ERC 2004, 2011 WL 5187292, (E.D. La. 2011), “[T]he 

Fifth Circuit specifically recognized that an agency has discretion to credit one expert's report over another when 

experts express conflicting views.” (Citing, Medina County v. Surface Transp. Bd., 602 F.3d 687, 699 (5th Cir. 

2010)). 37 See, e.g., Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 71 Fed. Reg. 

60553 (October 13, 2006) and Use of Reports of Marine Casualty in Claims Process by National Pollution Funds 

Center 72 Fed. Reg. 17574 (concluding that NPFC may consider marine casualty reports but is not bound by them). 38 33 U.S.C. § 2701(31). 39 33 U.S.C. § 2701(30). 40 See generally, 33 U.S.C. §2712 (a) (4); 33 U.S.C. § 2713; and 33 CFR Part 136. 41 33 CFR Part 136. 42 33 CFR 136.105.
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 Before reimbursement can be authorized for uncompensated removal costs, the claimant must 

demonstrate by a preponderance of the evidence:

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the 

incident;

(b) That the removal costs were incurred as a result of these actions;

(c) That the actions taken were directed by the FOSC or determined by the FOSC to be 

consistent with the National Contingency Plan.43

(d) That the removal costs were uncompensated and reasonable.44

The NPFC analyzed each of these factors and determined that the majority of costs incurred 

and submitted by Safe Harbor Seafoods herein are compensable removal costs based on the 

supporting documentation provided. All costs approved for payment were verified as being 

invoiced at the appropriate rate sheet pricing and all costs were supported by adequate

documentation which included invoices and/or proof of payment where applicable.

The amount of compensable costs is $64,000.00, while $11,000.00 is deemed noncompensable for the following reasons:

1. Safe Harbor Seafoods seeks to recover $30,000.00 for salvage and removal costs 

submitted on Salonen Marine Invoice 354142.45 The Salonen Marine Invoice 35142 

Breakdown of Costs cites $27,500.00 as the total costs for salvage/removal/barge 

transportation, and cites the additional $2,500.00 in costs as land transportation.46 The 

land transportation of the F/V IRIS MARIE took place after the vessel was removed

from the waterway and after the vessel no longer posed a threat to the navigable 

waterway. As such, the land transport costs in the amount of $2,500.00, are denied.47

2. Safe Harbor Seafoods seeks to recover $45,000.00 for salvage and removal costs 

submitted on Salonen Marine Invoice 354144.48 The Salonen Marine Invoice 35144 

Breakdown of Costs cites $42,500.00 as the total costs for salvage/removal/barge 

transportation, and cites the additional $2,500.00 in costs as land transportation.49 The 

land transportation of the F/V TRITON took place after the vessel was removed from 

the waterway and after the vessel no longer posed a threat to the waterway. As such, 

the land transport costs in the amount of $2,500.00, are denied.50

3. Safe Harbor Seafoods was provided a $6,000.00 credit on Salonen Marine Invoice 

354144.51 Claimant seeks $45,000.00 for Invoice 354144, but due to a $6,000.00 fuel 

 43 Email from US Coast Guard Sector Jacksonville IMD to the NPFC, dated March 23, 2020. 44 33 CFR 136.203; 33 CFR 136.205. 45 Salonen Marine, Inc. Invoice 354142, dated January 21, 2020. 46 Salonen Marine, Inc. Breakdown of Costs for Invoice 354142. 47 Claim M20009-0001 Summary of Costs Spreadsheet. 48 Salonen Marine, Inc. Invoice 354144, dated January 30, 2020. 49 Salonen Marine, Inc. Breakdown of Costs for Invoice 354144. 50 Claim M20009-0001 Summary of Costs Spreadsheet. 51 Monty’s Marina Fuel Credit Document 41462, dated January 29, 2020.