The Bahamas Maritime Pilots Association (BMPA) would like to address the letter dated 5th March 2014 signed by Godfrey Smith, of Freeport Harbour Company Limited (FHC) to many persons in the Maritime Industry in Freeport,Grand Bahama (see Attached). We felt that it is important that we point out the inaccuracies as we feel that they are, in some ways, misleading.

First, Freeport Harbour Company Limited is not a Joint Venture Partnership with The Grand Bahama Port Authority,Limited (GBPA). The GBPA is the regulator of the Port Area and, in fact has no interest, whatsoever, in FHC.

Secondly, the Port Director is the person who is responsible to decide who may or may not; enter Freeport Harbour, not Mr. Godfrey Smith. The Port Director is appointed by the GBPA with the approval of the Minister of Transport. This is because Freeport Harbour is a public facility and has to be run as such though it is owned by a private entity. For your ease of reference please see the link below that will take you to the Bahamas Government website for the Freeport Harbour Rules under which Freeport Harbour's Port Director is appointed. http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1968/1968-0077/FreeportHarbourRules_1.pdf

Thirdly, it should be noted that the Port Director is the GBPA’s Port Director and not Freeport Harbour’s Port Director. This means that he acts for the Port Area’s, regulator the GBPA, not FHC, when he makes any decisions asa Port Director. In effect Orlando Forbes, when doing something as the “Port Director” is acting on behalf of the“Quasi-governmental body” the GBPA and not FHC. The rules that the Port Director follows are created by Statute Law not what FHC management feels on any given day. He must act in the best interests of the public, which maynot necessarily be those of FHC. This also means the Port Director is bound by any License issued by GBPA to operate in the Port Area.

Lastly, the Hawksbill Creek Agreement requires that the GBPA operate Freeport Harbour in compliance with“accepted international practice.” In making any decision the Port Director is bound to make his decision on the international practice at other ports, such as New York, Houston, Florida, Panama (trans-shipment port) and such other ports.

It should be noted that even the port in Nassau has independent Pilots. In fact up until 1997 independent Pilots byway of Freeport Pilotage Company (FPC) provided pilot services to FHC. Freeport Pilotage Company is a Bahamian Company that has been a licensee of GBPA since 1986, and remains the only 100% Bahamian owned pilotage company in Grand Bahama. Freeport Pilotage Company was providing this service 10 years prior to FHC, FHC in fact solicited Freeport Pilotage Company's advice and cooperation in this regard (see attached letter from FHC). Freeport Pilotage Company as a licensee of GBPA doesn’t need permission or authorization from another GBPA licensee, namely FHC, to conduct business it has already been licensed to conduct. As such we don’t need Mr.Smith’s approval to provide our services. (Please See more detailed analysis of the related law attached)

Finally, In total there were 18 Pilots servicing the needs of both FHC and Buckeye Partners LP/BORCO as of December 2013. BMPA member resignations take effect on March 28, 2014,which means there will only be 4qualified Pilots, between FHC and Buckeye Partners LP/BORCO, one of which is a trainee, available to do the Job that was already a strain for 18 Pilots to do. Please Note that both Pilots at FHC are in demanding Management positions. Orlando Forbes, Port Director and Ellison Charles Rolle, Operations Manager, Marine Department.

BMPA has been organised to encourage safe and responsible operation of marine pilots and other marine professionals; to develop advice and guidance for best industrial practice among its members and promote criteria for best practice to all who have responsibilities for, or interest in, offering professional maritime pilotage services.BMPA's principal role will be to advocate measures to enhance the safety of life and property at sea and pollution. Itwill represent the interests of its members, in matters concerning the safe operation of pilotage and marine services offered in The Commonwealth of The Bahamas, to local and regional bodies and the International MaritimeOrganisation (IMO). It will consult with the IMO, government agencies and other non-governmental organisations. BMPA has also formed strategic relationships with International Maritime Pilots Association (IMPA), Trinidad &Tabago Pilots' Association, American Pilots Association (APA), the Organization of Black Maritime Graduates, SUNYMaritime College, and several Pilot Associations in the United States including, Florida Harbour Pilots, Tampa Bay Pilots, Cape Canaveral Pilots, Biscayne Bay Pilots, Port Everglades Pilots, Sandy Hook Pilots of New York and NewJersey, and Houston Pilots.