Since the last log post, we have had some movement in a positive direction. First, the naval architect from JMS Naval Architects & Salvage Engineers, David Forrest, conducted an updated condition survey of Falls of Clyde, which showed virtually no deterioration from their 2013 survey. They again declared that the ship is not a safety hazard. We provided a copy of the survey report to Harbors Division, Department of Transportation, Department of Land & Natural Resources, State Historic Preservation Division, and U.S. Coast Guard. Based on the positive result, we have also requested that Harbors retract the impoundment and reinstate the revocable permit. A copy of the letter to the Harbors Division is included.
There is also a growing and viable initiative going on in Scotland to return the ship home to Glasgow. Saving and preserving Falls of Clyde is the most important goal of Friends of Falls of Clyde. If the Harbors Division is determined to have her removed from Honolulu Harbor, Scotland will be the perfect home. Obviously many moving parts need to come together to make this a reality, but we believe bringing her life full circle is a story that will resonate with people worldwide and ensure success.
We also took the opportunity to challenge the Decision & Order by the hearing officer on the impoundment. We set forth some legal and procedural issues and are looking forward to the next hearing now set for November 22.
This is the most positive situation we’ve had in the past year and a half of dealing with the stress we’ve felt from the actions of the Harbors Division. Perhaps cooperation is a possibility now.
.

October 28, 2016
 
Darrell T. Young, Deputy Director
Davis Yogi, Harbors Administrator
Dept. of Transportation, Harbors Division
79 S. Nimitz Hwy.
Honolulu, HI 9613-4898
 
            Subject: Falls of Clyde Status
 
Dear Mr. Young and Mr. Yogi:
 
The condition survey conducted on Falls of Clyde on October 11, 2016 by the JMS Naval Architect is attached for your files. As you can see from the report, there has been effectively no change since the 2013 survey, which we provided and was satisfactory to our insurance underwriters.  As is clearly stated in the Executive Summary to the survey, the ship is not a safety hazard as we have continually communicated to the Harbors Division. If there are any questions regarding the state of the ship, you are free to contact Mr. Forrest directly.
 
I believe that you are aware that there is now an active initiative in Scotland to return Falls of Clyde to her original home port. Friends of Falls of Clyde supports this effort, which is consistent with our Option 1 in the plan we submitted to the Harbors Division on July 29, 2016. This shows that there is support internationally for the preservation of this historic maritime landmark. We believe that local cooperation in helping to make this work will be a positive step to bolster our reputation on historic preservation, which is currently tarnished because of the actions taken to date.
 
Friends of Falls of Clyde respectfully requests that impoundment be retracted and a new revocable permit be issued. We are willing to discuss a reasonable berthing fee as a non-profit organization. Our plan going forward will be to work with our Scottish supporters to move the ship in 2017.
 
Sincerely
 
Bruce McEwan, President

As the saying goes, the other shoe has fallen. We received the Decision and Order (D&O) from the Hearing Officer and he decided in favor of the Harbors Division. We were very disappointed, but not surprised because we thought the decision would be made based on a narrow interpretation of the issues. However, we disagree with some of the facts that were relied upon. The D&O stated: “Indeed, the State continually communicated and met with the Petitioner in an effort to resolve the State’s long-standing concerns regarding safety issues, the Vessel’s seaworthiness, and the need to repair portions of Pier 7.” What are the facts? First, every time the matter of safety was raised, there was never a specific reason for Harbors Division’s allegation. When the Revocable Permit was terminated, safety was not even mentioned. How could there be such important safety issues if they could never articulate what they are? The issue of seaworthiness was never raised. Under maritime law, a vessel is seaworthy if it is reasonably fit for its intended use. Falls of Clyde is a stationary museum ship, therefore, it is fit for its purpose. There was never any long-standing concern for seaworthiness that the Harbors Division ever raised with us, which would have been a moot point based on the definition of seaworthiness. Finally, the repair of Pier 7 was never raised until the letter terminating the Revocable Permit. 
Unfortunately, however the Hearing Officer got those “facts” from Harbors Division, they were given to undermine Friends of Falls Clyde’s efforts to get the impoundment reversed  and the Revocable Permit reinstated.
The only positive part of the D&O was the Hearing Officer not considering our arguments based on Federal and State historic preservation laws. He stated that they were not relevant to the impoundment. It is our position that when the Harbors Division takes their next step to move toward their goal of removing the ship from the harbor that those laws will be relevant.