On the shoreline front, KITV did an investigative piece about a growing dispute between Kahala oceanfront lot owners who are said to use vegetation to curtail access laterally at the beach.
2008
Securing LNG Facilities – Coast Guard Authorization Bill Triggers DC Fight
By Mark M. Murakami on
Busy week in Washington, D.C. with a big fight between Congress and the Administration over whether the Coast Guard should be responsible for securing Liquified Natural Gas (LNG) facilities or whether that cost is properly paid by the facility owner. The White House threatened a veto. The Commandant of Coast Guard issued a statement…
Universal Crimes and the Extraterritoriality of U.S. Law – U.S. v. Lei Shi
By Mark M. Murakami on
The Ninth Circuit just affirmed the conviction and sentence for a Chinese sailor who killed a Taiwanese Captain and Chinese First Mate on a Seychelles-flagged, Taiwan-owned fishing vessel sailing on the high seas. USA v. Lei Shi, No. 06-10389.
Disclosure: At the time of this incident, I was a Judge Advocate with the…
Ballast Water Treatment Plans – Draft EAs
By Mark M. Murakami on
I earlier posted the Draft Environmental Assessment for the Hawaii-based vessel, M/V Moku Pahu. The U.S. Coast Guard released other Ballast Water Treatment Draft Environmental Assessments relating to vessels in the Atlantic Ocean.
For anyone interested in comparing the EA’s, they are posted below:
Hawaii Ballast Water Treatment Project
By Mark M. Murakami on
The U.S. Coast Guard announced the availability of a Draft Environmental Assessment for the Shipboard Technology Evaluation Program on the M/V Moku Pahu. Matson is undertaking a ballast water treatment project using Ecochlor technology. The U.S. Coast Guard is seeking comment on the Draft Environmental Assessment.
The comment deadline is June 3, 2008.
Update: Hawaii’s Proposed Fuel Law for Nawiliwili
By Mark M. Murakami on
Apparently, the bill to restrict fuel types in use at Nawiliwili Harbor is dead for this session. Earlier, I posted on problems with the bill.
One alternative to consider is the "carrot" approach. The Port of Long Beach, which lost its "stick" approach earlier this month, is proposing incentives to encourage the use of more…
Ocean Law News – Cosco Busan Pilot Charged
By Mark M. Murakami on
Not All Vessels are Fishing For Purposes of Shark Fin Trade – Says Ninth Circuit
By Mark M. Murakami on
In a very interesting case, the Ninth Circuit Court of Appeals just held that U.S. vessels documented with a fishery endorsement, but operating under a registry endorsement are not “fishing vessels” for the purposes of the Shark Fin Prohibition Act.
A Hong Kong company chartered a Hawaii-based, U.S. documented vessel, King Diamond II…
Seascape Strategy – Workplan for Prosperity
By Mark M. Murakami on
Today, I attended a lecture presented on the Seascape Strategy for the Main Hawaiian Islands. This is a collaboration between Conservation International, the Harold Castle Foundation, and the Environmental Law Institute. It aims to comprehensively analyze the concerns, issues, laws and policies relating to the nearshore marine environment of the Main Hawaiian…
Ninth Circuit says Providers of Necessaries Abroad Have Maritime Lien
By Mark M. Murakami on
The Ninth Circuit just issued its opinion in the case of Trans-Tec Asia v. M/V Harmony Container, No. 06-55355 setting forth its conclusion that vendors providing necessaries to foreign vessels in foreign ports have a maritime lien under the Federal Maritime Lien Act.
This case has a thorough treatment of the history of maritime…