Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 33

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 7 MOTION for Preliminary Injunction. (Attachments: # 1 Declaration of Steve Black, # 2 Declaration of David J. Hayes, # 3 Declaration of Robert P. LaBelle, # 4 Declaration of Guillermo A. Montero)(Smith, Sharon) (Additional attachment(s) added on 6/21/2010: # 5 Exhibit C to Declaration of David Hayes) (caa, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

HORNBECK OFFSHORE SERVICES, LLC,
Plaintiff,
v.

CIVIL ACTION No. lO-1663(F)(2)

SECTION F JUDGE FELDMAN
MAGISTRATE 2 MAGISTRATE WILKINSON

KENNETH LEE "KEN" SALAZAR, in his official capacity as Secretary, United States Department of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; ROBERT "BOB" ABBEY, in his official capacity as Acting Director, Mineral Management Service; and MINERALS MANAGEMENT SERVICE,
Defendants.

DECLARA TION OF GUILLERMO A. MONTERO
I, Guilermo A. Montero, do hereby declare as follows:
1. I am a member in good standing of the Bar of Massachusetts, and I am employed as a

trial attorney with the United States Department of Justice, Environment and Natural Resources

Division, Natural Resources Section. I am one of the attorneys of record assigned to represent
the Federal Defendants in this action. I submit this declaration in support of

Defendants'

Opposition to Plaintiffs' Motion for Preliminary Injunction. Except where otherwise stated, I
have personal knowledge of

the facts stated here and, if called upon to testify, I would testify that

the facts set forth below are true and correct.
2. Attached as Exhibit A are true and correct copies of letters from the Minerals

Management Service to operators notifying them that driling operations on certain wells would
be temporarily suspended consistent with the Secretarial Directive and Notice to Lessees at issue
in the above-captioned litigation.

3. Attached as Exhibit B is a true and correct copy of

the Form 8-K for Hornbeck Offshore

Services, Inc., dated June 3, 2010. I obtained a copy of Exhibit B by downloading it from the

Investor Relations internet site for Hornbeck Offshore Services, Inc. A copy is also available
online at http://ir.hornbeckoffshore.com/phoenix.zhtml?c= 132245&p=irol-sec.
4. Attached as Exhibit C is a true and correct copy of

the National Oceanic and

Atmospheric Administration's Southeast Fishery Bulletin FB 1 0-054, dated June 7, 2010. A

copy is also available at http://sero.nmfs.noaa.gov/deepwaterhorizonoilspill.htm.
5. Attached as Exhibit D is a true and correct copy of the Louisiana Department of Wildlife

and Fisheries, Oyster and Fishing Closure Areas, dated June 12,2010. A copy is also available
at http://ww . wlf.louisiana. gov / oilspill/.
6. Attached as Exhibit E is a true and correct copy of

the Alabama Department of

Conservation and Natural Resources Temporary Closure Map, dated June 11,2010. A copy is

also available at http://ww.outdooralabama.com/fishing/saltwater/DH.cfm.
7. Attached as Exhibit F is a true and correct copy of the Mississippi Department of Marine

Resources, Revised Precautionary Closure, dated June 12,2010. A copy is also available at

http://ww.dmr.state.ms.us/.

Executed on this the 16th day of June, 2010,

o

stice al Resources Division

United States Department of the Interior
MINERALS MANAGEMENT SERVICE
Guir of Mexico DeS Region
120 I Elmwood Park Boulevard

New Orleans, Louisiana 7012)-2394

In Reply Refer To: MS 5321

May 28,2010

FEDERAL EXPRESS 872404886884

Mr. Paul Watson
Exxon Mobil Corpration

222 Benmar Houston, Texas 77060

Dear Mr. Watson:

By lener dated May 7, 20) 0, a directed Suspension ofOperatjons (SOD) was issued from May 7 through drillng operations on Well No.3, Lease OCS-G 21447, May 28, 2010, to prohibit the commencement of Keathley Canyon Block 919. This period was needed to allow for completion ofa 30-day review of
offshore drilling safety and technology issues and equipment testing as ordered by the Secreta ofthc Interior.
The Secrelm hIl detennincd at this time and under current conditions that offshore drillng of

new

deepwater wells poses an unacceptable tht of serious and irrparble har to wildlife and the mare,

coastal, and human environment as specified in 30 CFR 250. i 72(b). He also has determined that the
installation of loss of

additional safety or environmental protection equipment is necessar to prevent injury or

life and damage to propert and the environment. 30 CFR 250.172(c).

November

Based on the aforementioned, we hereby exlend the dircted sao from May 29 through 29, 2010, for Well No.3, Lee OCS-G 21447, Keathley Canyon Block 919. This SOO
is directed pursuant to 30 CFR 250.172(b) and (c) and 30 CFR 250.168(a). Note that, if the tenn of

applicable, this lease/unit wil be extended for a period oftime equal to the period that this sao is in

effect (30 CFR 250.169(0)).

lfyou have any questions concerning this matler, pleae conlact Mr. SIeve Dessauer at [phone].
Sincerely,

;t,f:lJ
Kevin J. Karl

Regional Supervisor
Production and Development

Guillermo A. Montero Declaration Exhibit A

United States Department of the Interior
MINRALS MANAGEMENT SERVICE
Gulf of Mexico OCS Region 1201 Elmwoou Park Boulevard
In Reply Refer To: MS 5321 New Orleans, Louisiami 70123-2394

May 28, 2010

FEDERAL EXPRESS 872404886807
Ms. Alyssa Karotkin Statoil GulfofMexico LLC
2101 City West Boulevard, Building 4, 8lb Floor Houston, Texas 77042
Dear MS.Karotkin:

By letter dated May 7, 2010, a directed Suspension of Operations (SaO) was issued frm

May 7 through May 28, 2010, to prohibit the commencement of drilling operations on Well No. i, Lee OCS-G 3 i i 99, Alaminos Canyon Block 810. This period was needed to allow for offshore drilling safety and technology issues and equipment completion ofa 30-day review of
testing as ordered by the Secreta of

the Interior.

The Secreta has determined at this time and under current conditions that offshore driling of deepwater wells poses an unacceptable threat of

new serious and ireparble har to wildlife and the marine,

coastal, and human environment as specified in 30 CFR 250.1 72(b). He also has detennined that the additional safety or environmental protection equipment is necesar to prevent injury or installation of
loss of life and damage to propert and the environment. 30 CFR 250. i

72(c).

Based on the aforementioned, we hereby extend Ute directed sao from May 29 though
November

29, 2010, for Well No.1, Lease OCS-G 31 199, Alaminos Canyon Block 810. This sao
this lease/unit wil be extended for a period of

is direcled pursuant to 30 CFR 250.172(b) and (c) and 30 CFR 250. i 68(a). Note that, ifapplicable,
the term of

time equal to the period that this sao is in

effect (30 CFR 250. 169(a)).

you have any questions concerning this matter, please contact Mr. Steve Dessauer al [phone].
If

Sincerely,

i Ii It.. ;/ v~
Kevin J. Karl

Regional Supervisor
Pruction and Developmeni

Guillermo A. Montero Declaration Exhibit A

United States Department of the Interior
MINRA MANAGEMENT SERVICE
Gulf of Mexico QCS Region

1201 Elmwoo Par Boulevar
New Orlens, louisiana 70123.'2394
In Reply Refer

.=

To: MS 5321

June 4, 20io

FEDERAL EXPRESS 869379424667
Kevin L. Gotthall

Murphy Exploration & Production Company - USA
1629 Katy Freway, Suite 600

Houston, Texa 77094

Dea Mr. Gotthall:
On May 28, 20 i 0; the Secreta of the Interior directed the Minerals Management Service (MMS) to direct a six month suspension of all pending, curnt. or approved offshore drilling operations of deepwater wells in the Gulf of Mexico. The Secreta based this decision on a finding that, under curnt conditions. deepwater drillng poses an unacceptable theat of serious and irepamble har or damage to wildlife and the marne, coasta, and human environment, as set fort in 30 CFR 2SD.I72(b).

The Secreta also determined that the instllation of additional safety or environmental protection equipment is necar to prevent injury or loss of life and damage to propert and the environment, as set fort in 30 CFR 250.172(c).

On May 30,2010, the MMS issued Notice to Lessees and Operators (NTL) No. 2010.N04, to implement the Secretaial directive. MMS has detennined that your operations, as described below, are subject to the May 28, 2010 Secretaal dirctive and NTL No. 20) 0~N04. The NTL also states that the Regional Supervisor for Production and Development wil issue Suspensions of Oprations (SaO) to all OCS Leee and Operators curntly driling or proposing to dril new deepwater wells covered by the NTL.
Bas on the aforementioned I hereby diret an SOO from the time of

the nex.t sae opportnity to secure

the well, as agr upon by the appropriate MMS Distrct Manager, and after all necessar steps to cee operations and temporarly abandon or close the well, through November 30, 2010, for Well A-8, Lee OC8-G 21790, Green Caoyon Block 338. This 800 is directed puruatto 30 CFR 250.172(b) aod (c) and 30 CFR 250.168(a) and prohibits any furter drilling on this well frm the time operations cease
though November 30, 20 i O. Note tbat, if applicable, the term of this lease/unit wil be extended for a
period of lime equal to the period that

this sao is in effect (30 CFR 250.169(a)).

If

you have any questions concerning this mattr, pleae contact Mr. Steve Dessauer at [phone].

Sincerely,

/t.:: r /(J
Kevin J. Karl
Regional Supervisor

J -' .

Pruction and Development

TAKEMERICA~ INA PRIDE°&'

Guillermo A. Montero Declaration Exhibit A

United States Department of the Interior
MINRA MANAGEMENT SERVICE
Gulf of Mexico OCS Region 1201 Elmwoo Pa Boulevard
New Orlea. Louisiana 70123.2394

In Reply Refer To: MS 5321

June 4, 2010

FEDERAL EXPRESS 869379424211

Mr. Scott Cornwell
BlI Billton Petroleum (GOM) Inc.

1360 Post Oak Boulevard, Suite 150
Houston, Texas 77056-3020
Dear Mr. Cornwell:

the Interior direted the Minerals Management Service (MMS) to diret a six month suspension of all pending, currnt. or approved offshore drllng operations of deepwater wells in the Gulf of Mexico. The Secreta based this decision on a finding that, under
On May 28, 2010,lhe Secreta of

currnt conditions, deepwater drlling poses an unaccptable theat arsenous and irrepable har or damage to wildlife and the marine, coastal, and human environment, as set fort in 30 CFR 250. J neb). The Secreta also detennined that the instlation of additional saety or environmenta protection
equipment is necessar to preent injury or loss of set forth in 30 CFR 250.

life and daage to propert and the environment, as

172(c).

On May 30, 2010, the MMS issued Notice (0 Lessees and Operators (N) No. 201O.N04, to implement the Secretaial directive. MMS has determined that your operaons, as describe below, are subject to the May 28, 2010 Secretaal directive and NTL No. 20IO-N04. The NTL also states that the Regional Supeivisor for Production and Development wil issue Suspensions of Oprations (SOD) to all OCS
Lesses and Operators currntly driling or proposing to drill new deepwater wells covere by the NTL.
Based on the aforementioned, I hereby diret an sao from June 4 through November 3D, 20 i 0, for
Well No.2, Le OCS-G 8037, Atwater Valley (AT) Block 617, which is par of the AT Block 574 Unit. This SOO is directe puruant to 30 CPR 250.1 72(b) and (c) and 30 CFR 250.168(a) and prohibits the

commencement of drillng operations on ths well though November 30, 20 I O. Note that, if applicable,
the term of

this leaunit will be extended for a period oftime equal to the period that this sao is in

effect (30 CFR 250. 169(0)).
Ifyau have any questions concerning this mattr, pleae contact Mr. Steve Dessauer at [phone].

Sinje7'

/(ˇ Cí II tt
(evin J. Kal
Regional Supervisor
Prouction and Development

TNKE PRIDE.~ I A AMERICA~

Guillermo A. Montero Declaration Exhibit A

Form 8-K
HORNBECK OFFSHORE SERVICES INC /LA - HOS
Filed: June 04, 2010 (period: June 03, 2010)
Report of unscheduled material events or corporate changes.

Guillermo A. Montero Declaration Exhibit B

Table of Contents
8-K - FORM 8-K Item 7.01 Regulation FD Disclosure Item 9.01 Financial Statements and Exhibits SIGNATURES EX-99.1 (PRESS RELEASE)

Guillermo A. Montero Declaration Exhibit B

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
DATE OF REPORT: June 3, 2010 (Date of earliest event reported)

Hornbeck Offshore Services, Inc.
(Exact Name of Registrant as Specified in Its Charter)

Delaware
(State or other jurisdiction of incorporation or organization)

001-32108
(Commission File Number)

72-1375844
(I.R.S. Employer Identification Number)

103 Northpark Boulevard, Suite 300 Covington, LA
(Address of Principal Executive Offices)

70433
(Zip Code)

[phone]
(Registrant's Telephone Number, Including Area Code)

N/A
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions ( see General Instruction A.2. below): Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Guillermo A. Montero Declaration Exhibit B

Item 7.01 ­ Regulation FD Disclosure The information in this Current Report is being furnished pursuant to Item 7.01 of Form 8-K and, according to general instruction B.2. thereunder, the information in this Current Report shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Section. The information in this Current Report shall not be incorporated by reference into any registration statement pursuant to the Securities Act of 1933. Hornbeck Offshore Services, Inc. issued an update regarding the current status of its Upstream operations in the Gulf of Mexico ("GoM") in light of the recently announced 180-day moratorium on drilling in water depths in excess of 500 feet in the GoM. Item 9.01 ­ Financial Statements and Exhibits (d) Exhibits. 99.1 Press Release, dated June 3, 2010 2

Guillermo A. Montero Declaration Exhibit B

SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Hornbeck Offshore Services, Inc. Date: June 3, 2010 By: /s/ James O. Harp, Jr. James O. Harp, Jr. Executive Vice President and Chief Financial Officer

3

Guillermo A. Montero Declaration Exhibit B

Exhibit 99.1

NEWS RELEASE 10-007
For Immediate Release

Contacts:

Jim Harp, CFO Hornbeck Offshore Services 985-727-6802 Ken Dennard, Managing Partner DRG&E / 713-529-6600

HORNBECK OFFSHORE ISSUES UPDATE ON GULF OF MEXICO OPERATIONS
Announces Follow-Up Conference Call on June 15, 2010 June 3, 2010 -- Covington, Louisiana -- Hornbeck Offshore Services, Inc. (NYSE:HOS) issued today the following update regarding the current status of its Upstream operations in the Gulf of Mexico ("GoM") in light of the recently announced 180-day moratorium on drilling in water depths in excess of 500 feet in the GoM (the "Drilling Moratorium"). As of today, the Company has an Upstream fleet complement of 55 new generation vessels comprised of 28 vessels working in the GoM, 20 vessels working in international waters or in support of non-oilfield customers, six previously announced stacked vessels and one newbuild vessel still under construction with an expected delivery in September 2010. Of the 28 vessels currently operating in the GoM, five are supporting production or non-drilling activities (including two 430 class MPSVs), two are supporting drilling operations on the Continental Shelf (in water depths less than 500 feet) and 21 vessels (including two 370 class MPSVs) are supporting drilling operations in the deepwater GoM, which the Company defines as water depths in excess of 1,000 feet. Of the 21 Upstream vessels currently supporting drilling operations in the deepwater GoM, five are involved in the oil spill relief efforts (including two 370 class MPSVs) and are currently expected to remain in that service for the foreseeable future. Of the remaining 16 vessels, seven are operating in the GoM spot market and nine are currently operating under customer charters unrelated to the oil spill with varying maturities ranging from 79 days to 1,017 days, with an average remaining contract duration of 258 days. The Company has reviewed its time charters for these nine vessels and does not believe that any of them can be validly cancelled for force majeure as a result of the recently announced Drilling Moratorium. To the extent that any customer should assert force majeure for either the oil spill or the moratorium, the Company intends to defend the enforcement of its contracts against such claims. Overall, the Company estimates that roughly 35% of its total revenue comes from Upstream vessels, including OSVs and MPSVs, operating in support of deepwater drilling in the GoM. The Company's OSV contract backlog now stands at 53% and 38% of its available new generation OSV vessel-days contracted for the second half of 2010 and fiscal 2011, respectively, with 21 vessels contracted beyond the end of 2010. More importantly, given the 180-day Drilling Moratorium in the GoM, the composition of the Company's second-half 2010 and fiscal 2011 OSV contract coverage is

103 Northpark Boulevard, Suite 300 Covington, Louisiana 70433

Phone: [phone] Fax: [phone]

Guillermo A. Montero Declaration Exhibit B

heavily weighted (67% and 85%, respectively) to vessels working in international waters or in support of non-oilfield customers. By contrast, less than 25% and 6% of the second-half 2010 and fiscal 2011 OSV contract coverage, respectively, is related to vessels currently supporting drilling operations in the deepwater GoM. During the Drilling Moratorium, the Company will continue to seek to engage in all permissible oilfield activities that are not affected by the Drilling Moratorium in the GoM. Such activities include oil spill response efforts, drilling support in waters of 500 feet or less, workover operations, completion operations, abandonment operations, intervention operations, and certain production-related activities and other specialty non-drilling applications. For example, the 430 class MPSV HOS Achiever returned to the GoM on June 1, 2010, after the successful installation of a 100-ton crane in Norway, and has already been awarded a spot job by a large independent integrated oil company installing subsea infrastructure in the GoM. Meanwhile, the Company will also proactively seek to mitigate its exposure to the increasing near-term uncertainty in the GoM market conditions by bidding additional vessels into foreign markets and domestic non-oilfield markets. Based on currently available customer opportunities, the Company is reasonably optimistic about its ability to further diversify its revenue base. The Company believes that its current working capital, available capacity under its existing revolving credit facility, which is currently undrawn and is expected to remain undrawn, and projected cash flows from operations for the remainder of 2010 will be sufficient to meet its anticipated operating needs, its debt service and the total remaining cash requirements under its capital programs. The Company is in compliance with all applicable financial covenants of its debt obligations. Its three principal long-term debt obligations do not mature until March 2013, December 2014 and October 2026, respectively, the latter of which may, under certain conditions, be subject to early maturity in October 2013. Based on a current assessment of the potential impact of the Drilling Moratorium, the Company believes that it will remain in compliance with all of its financial covenants. The Company has scheduled a conference call to be held in conjunction with its 3rd Annual HOS Analyst Day to discuss this matter further and to provide additional updates on these developments. The conference call will be broadcast live over the Internet, on Tuesday, June 15, 2010 at 2:30 p.m. Eastern (1:30 p.m. Central).

What: When: How:

Hornbeck Offshore Operational Update Tuesday, June 15, 2010 at 2:30 p.m. Eastern (1:30 p.m. Central) Live via phone -- By dialing [phone] and asking for the Hornbeck Offshore call at least 10 minutes prior to the start time, or Live over the Internet -- By logging onto the web at the address below http://www.hornbeckoffshore.com, on the "IR Home" page of the "Investors" section of the Company's website Page 2 of 4

Where:

Guillermo A. Montero Declaration Exhibit B

For those who cannot listen to the live call, a telephonic replay will be available through June 22, 2010 and may be accessed by calling [phone] and using the pass code 4313085#. Also, an archive of the webcast will be available after the call for a period of 60 days on the "IR Home" page under the "Investors" section of the Company's website. Hornbeck Offshore Services, Inc. is a leading provider of technologically advanced, new generation offshore supply vessels primarily in the U.S. Gulf of Mexico and Latin America, and is a leading short-haul transporter of petroleum products through its coastwise fleet of ocean-going tugs and tank barges primarily in the northeastern U.S. and the U.S. Gulf of Mexico. Hornbeck Offshore currently owns a fleet of over 80 vessels primarily serving the energy industry. Forward-Looking Statements
This Press Release contains "forward-looking statements," as contemplated by the Private Securities Litigation Reform Act of 1995, in which the Company discusses factors it believes may affect its performance in the future. Forward-looking statements are all statements other than historical facts, such as statements regarding assumptions, expectations, beliefs and projections about future events or conditions. You can generally identify forward-looking statements by the appearance in such a statement of words like "anticipate," "believe," "continue," "could," "estimate," "expect," "forecast," "intend," "may," "might," "plan," "potential," "predict," "project," "remain," "should," or "will," or other comparable words or the negative of such words. The accuracy of the Company's assumptions, expectations, beliefs and projections depends on events or conditions that change over time and are thus susceptible to change based on actual experience, new developments and known and unknown risks. The Company gives no assurance that the forward-looking statements will prove to be correct and does not undertake any duty to update them. The Company's actual future results might differ from the forward-looking statements made in this Press Release for a variety of reasons, including the Drilling Moratorium issued by the Department of the Interior directing lessees and operators to cease drilling all new deepwater wells on federal leases in the U.S. Gulf of Mexico for six months, or any future extension of such moratorium. The Drilling Moratorium could further aggravate a number of risks, uncertainties and assumptions, including, without limitation: less than anticipated success in marketing and operating its MPSVs; bureaucratic, administrative or operating barriers that delay vessels chartered in foreign markets from going on-hire or result in contractual penalties imposed by foreign customers; further weakening of demand for the Company's services; inability to effectively curtail operating expenses from stacked vessels; unplanned customer suspensions, cancellations, rate reductions or non-renewals of vessel charters or failures to finalize commitments to charter vessels; industry risks; further reductions in capital spending budgets by customers; decline in oil and natural gas prices; increases in operating costs; the inability to accurately predict vessel utilization levels and dayrates; less than anticipated subsea infrastructure demand activity in the U.S. Gulf of Mexico and other markets; the level of fleet additions by competitors that could result in over capacity; economic and political risks; weather related risks; the inability to attract and retain qualified marine personnel; regulatory risks; the repeal or administrative weakening of the Jones Act; the imposition of laws or regulations that result in reduced exploration and production activities in the United States or that increase the Company's operating costs or operating requirements, including any such laws or regulations that may arise as a result of the recent drilling and lease moratorium as a result of the oil spill disaster in the Gulf of Mexico; drydocking delays and cost overruns and related risks; vessel accidents or pollution incidents resulting in lost revenue or expenses that are unrecoverable from insurance policies or other third parties; unexpected litigation and insurance expenses; fluctuations in foreign currency valuations compared to the U.S. dollar and risks associated with expanded foreign operations. In addition, the Company's future results may be impacted by continued volatility or further deterioration in the capital markets and the worldwide economic downturn; inflation, deflation, or other adverse economic conditions that may negatively affect it or parties with whom it does business resulting in their non-payment or inability to perform obligations owed to the Company, such as the failure of customers to fulfill their contractual obligations or the failure by individual banks to provide expected funding under the Company's credit agreement. Should one or more of the foregoing risks or

Page 3 of 4

Guillermo A. Montero Declaration Exhibit B

uncertainties materialize in a way that negatively impacts the Company, or should the Company's underlying assumptions prove incorrect, the Company's actual results may vary materially from those anticipated in its forward-looking statements, and its business, financial condition and results of operations could be materially and adversely affected. Additional factors that you should consider are set forth in detail in the Risk Factors section of the Company's most recent Annual Report on Form 10-K as well as other filings the Company has made and will make with the Securities and Exchange Commission which, after their filings, can be found on the Company's website www.hornbeckoffshore.com .

Page 4 of 4

_____________________________________ Created by Morningstar® Document Research http://documentresearch.morningstar.com
Source: HORNBECK OFFSHORE SERVICES INC /LA, 8-K, June 04, 2010

Guillermo A. Montero Declaration Exhibit B

National Marine Fisheries Service, Southeast Regional Office, 263 13 th Avenue South, St. Petersburg, Florida 33701-5505

Southeast Fishery Bulletin
June 7, 2010 FB10-053

FOR INFORMATION CONTACT: 727-824-5305, FAX [phone]

BP Oil Spill: NOAA Modifies Commercial and Recreational Fishing Closure in the Oil-Affected Portions of the Gulf of Mexico
Current revisions to the closure, described below, will be effective on June 7, 2010 at 6 p.m. eastern time (5 p.m. central time). All commercial and recreational fishing including catch and release is prohibited in the closed area; however, transit through the area is allowed. or oil sheens (very thin layers of floating oil) are present, even if those areas are not currently closed to fishing. The closed area is bounded by rhumb lines connecting, in order, the following coordinates:
North latitude West longitude At state/federal line 86o 20 o 30 00 86o 30 o 28 30 86 o 30 o 28 10 84 o 30 o 26 26 83 o 47 At outer federal line 84o 50 Follow the outer boundary of federal waters northerly to... The outer federal line 86 o 16 o 26 48 86 o 20 o 27 07 87 o 08 o 27 35 89 o 54 o 27 35 90 o 33 o 28 47 91 o 2020 At the state/federal line 91 o 2020 Follow the state/federal water line easterly to beginning point

Map Link:
http://sero.nmfs.noaa.gov/sf/deepwater_horizon/BP_OilSpill_ FisheryClosureMap_060710.pdf

The closure measures 78,264 sq mi (202,703 sq km), or about 32% of the Gulf of Mexico exclusive economic zone. The majority of federal waters in the Gulf of Mexico are open to commercial and recreational fishing. Modeling and mapping the actual and projected spill area is not an exact science. NOAA Fisheries Service strongly advises fishermen not to fish in areas where oil

Reminders If state waters are closed to fishing due to the oil spill, all vessels must comply with that closure. If state waters are not closed to fishing due to the oil spill, federally permitted vessels may fish in those waters while abiding by all other applicable regulations. Permit holders are reminded to maintain their federal vessel permits by submitting timely reporting requirements and renewal applications, even if the vessel is not currently engaged in fishing activities.

Guillermo A. Montero Declaration Exhibit C

Ways To Receive Closure Information: Southeast Fishery Bulletins: to sign up send an email to: [e-mail] Call 1-800-627-NOAA (1-800-627-6622) to hear a recording of the current coordinates Listen to NOAA Weather Radio for updates Text messages on your cell phone: to sign up text fishing@gulf to 84469 (for more information visit http://www.deepwaterhorizonresponse.com/go/doc/2 931/558107) Follow us on Twitter: usnoaagov to get a tweet when the closed area changes

Links for more information: Southeast Regional Office's Web page: http://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm NOAA's National Ocean Service http://response.restoration.noaa.gov Deepwater Horizon Response http://www.deepwaterhorizonresponse.com Fishermen who wish to contact BP about a claim should call 1-800-440-0858.

Guillermo A. Montero Declaration Exhibit C

Guillermo A. Montero Declaration Exhibit D

Effective 6:00 PM Thurs., June 10, 2010
N W S
T h eo d o re

Te n s

Areas Closed to Fishing
River Mobile

R aw

iver

Alabama Department of Conservation Marine Resources Division
Areas of STATE WATERS Temporarily Closed to ALL Fishing
· D ap hne

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*This map does not indicate areas open for Shrimping. See shrimping map.

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Guillermo A. Montero Declaration Exhibit E

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MISSISSIPPI DEPARTMENT OF MARINE RESOURCES
1141 Bayview Avenue, Biloxi, Mississippi 39530

News Release
10-77-LDJ June 12, 2010

Contact: Lisa Damiano Jones Phone: [phone]

FOR IMMEDIATE RELEASE

Revised Precautionary Closure: Additional Areas of Mississippi Marine Waters Closed to Commercial and Recreational Fishing
BILOXI, Miss. ­ The executive directors of the Mississippi Department of Marine Resources and the Mississippi Department of Environmental Quality, in an abundance of caution, are closing a certain portion of Mississippi's territorial marine waters, effective immediately, to all commercial and recreational fishing, including all species of finfish, crabs, shrimp and oysters. The closed area includes those Mississippi territorial marine waters lying both south and east of the southern shoreline of Horn Island; lying both south of 30 degrees 18 minutes north latitude and east of 88 degrees 39 minutes' west longitude; and lying both south of the CSX Railroad and east of the Bayou Cassotte Ship Channel to the Mississippi-Alabama state boundary. Any individuals retaining any marine species from this closed area will be required to immediately return them to the waters. This precautionary closure is a result of the presence of oil in this general area and the potential impacts of the oil on Mississippi's coastal marine resources. The continuous monitoring of this situation is to ensure public safety and protection of Mississippi's coastal resources. The Mississippi Department of Marine Resources is dedicated to enhancing, protecting and conserving marine interests of the state by managing all marine life, public trust wetlands, adjacent uplands and waterfront areas to provide for the optimal commercial, recreational, educational and economic uses of these resources consistent with environmental concerns and social changes. Visit the DMR online at www.dmr.ms.gov.

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Guillermo A. Montero Declaration Exhibit F

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Guillermo A. Montero Declaration Exhibit F