Legal matters of maritime concern in Hawaii, Oceania, and beyond.
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…
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:
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.
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…
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…
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…
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…
Marinelog.com reports the Commandant of the U.S. Coast Guard is urging Coast Guard boarding officials and regulators to be more professional in their dealings with the maritime community. The official pronouncement is here.
The Commandant reports:
UNFORTUNATELY I HAVE RECEIVED REPORTS FROM HIGHLY RESPECTED
PROFESSIONALS RECOUNTING COAST GUARD BOARDINGS, INSPECTIONS, AND
INVESTIGATIONS NOT DISPLAYING…
A California Senator is proposing to require peace officers onboard cruise ships visiting California. These "ocean rangers" would be onboard to to monitor (prevent?) pollution and/or serious crimes while the ship is in California’s "marine waters." A copy of the bill is available here.
Novel idea. My quick read showed some issues – most…
