Maui News reports on the difficulties posed by the TWIC implementation at Kahului Harbor. I discussed TWICs here. TWIC implementation nationwide has been challenging on several levels. Hopefully, these transition issues can be sorted out and the nation’s ports can become more secure.
January 2008
Cruising to the Mainland – Mexico Stop Part Tres
By Mark M. Murakami on
The proposed interpretive rule originally posted here is drew some attention from states and companies involved in the cruise industry. Maine’s comments were the subject of this Honolulu Advertiser article.
Comments received by the Bureau of Customs and Border Protection as of January 22, 2008 are here.
Growing Pains of Aquaculture – EIS?
By Mark M. Murakami on
Honolulu Advertiser reports that the Kona Blue Water fish farm is seeking permits to increase the size of their operation off the Kona coast of the Big Island. Opponents sought a "contested case" hearing and an Environmental Impact Statement before granting the expansion request. This is one to watch because ocean-based aquaculture is touted as…
Maui Harbor EIS hits the News
By Mark M. Murakami on
Cosco Busan Preliminary Investigation Finished
By Mark M. Murakami on
Coastguardnews.com reports here that the Incident Specific Preparedness Review initial report on the Cosco Busan incident has been sent to Coast Guard Headquarters with public release expected in two weeks.
This review "While not an investigation, the ISPR process is an administrative assessment rooted in Coast Guard marine safety directives. It provides a method for…
That Was Fast – President Overturns Injunction Against Navy
By Mark M. Murakami on
“Anti-Whalers” Held on Japanese Ship
By Mark M. Murakami on
News reports that several "Anti-Whalers" from the Sea Shepherd Conservation Society were being held on a Japanese whaling vessel near Antarctica after they boarded the vessel.
Representatives of the Japan Institute for Cetacean Research called the act of boarding "piracy". Under Art. 101 of the United Nations Convention on the Law of the Sea:…
Reserve Rights Or Lose Defense of Unseaworthiness – So Says Fifth Circuit Court of Appeals
By Mark M. Murakami on
The Fifth Circuit Court of Appeals recently held that an insurer waived its right to rely upon the defense of unseaworthiness by not issuing a "reservation of rights" letter before making payments on a maritime insurance policy.
In North American Specialty Insurance Company v. Debis Financial Services, Inc., at issue was the sinking of…
Feds Plan for Maui Harbor – Draft EIS Available for Review
By Mark M. Murakami on
The Maritime Administration has issued its notice that a Draft Environmental Impact Statement (warning: this is link to site where the Draft EIS is available, it is 27MB) for harbor improvements to Kahului Harbor is available for review and comment.
Comments on this draft must be received by February 28, 2008.
Not Going Anywhere – California Court Says Equity Trumps Maritime Insurance Arbitration Provision
By Mark M. Murakami on
Today, a California appeals court, invoking the court’s power while sitting in equity, upheld a trial court’s refusal to compel the arbitration of an equitable contribution claim. The arbitration would have taken place, pursuant to the insurance contract, in London. The opinion, in the matter of Crowley Maritime Corp. v. Boston Old Colony Ins. Co.…