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November 2007

November 28, 2007

Loggerhead Turtle - Endangered Species Designation

The federal government is proposing that the Loggerhead Turtle be designated an endangered species with the associated critical habitat designation, here.  Loggerheads are found throughout the world, including the Hawaiian Islands.

Superferry and Maui, More Info

The U.S. Coast Guard published a diagram and a fact sheet for the security zone in Kahului, here.

The regulation is available, here.

November 26, 2007

Hawaii Cruise? - Prepare for two days in Mexico

Last week, the Department of Homeland Security Bureau of Customs and Border Protection is proposing a new "interpretive rule" which would impact on foreign cruise liners embarking passengers in U.S. ports.  I'll analyze more later but the rule is available here.

November 23, 2007

Superferry and Maui

News reports that the U.S. Coast Guard is considering a security zone for Maui for the return of the Superferry, here.

I posted the regulations for the zones for Kauai, here, and they should read pretty similarly, especially since the Kauai zones were approved by Judge Gillmor.

Antarctic Cruise Goes Awry

The M/V Explorer, a Canadian cruise ship, experienced a mishap near Antarctica and the passengers were required to abandon ship, as noted here and here.

The North Atlantic shipping lanes have been patrolled by the International Ice Patrol as a result of the Titanic sinking in 1912.

New Bottomfishing Regs Considered for Hawaiian Islands

Hawaii's Department of Land and Natural Resources, Division of Aquatic Resources is considering regulation of bottomfishing, including non-commercial bottomfishing, to address concerns of overfishing.

According to the news release, "The Department proposes to amend Hawaii Administrative Rule Chapter 13-74, License and Permit Provisions and Fees for Fishing, Fish and Fish Products, to require fishing reports by trip, to require non-commercial bottomfish registration, reporting and compliance, and to require commercial bottomfish licensees to report by trip, and to amend HAR chapter 13-94 to authorize fishing season closures for bottomfish, to require non-commercial bottomfish registration, reporting and compliance, to exempt the possession and sale of bottomfish during closed season for fish from federal waters of the Northwestern Hawaiian Islands, or from waters under federal jurisdiction, or for bottomfish that are imported into the State, to amend the bag limit for non-commercial take of bottomfish, to add definitions; to allow the possession of Kona crab nets on bottomfishing vessels, and to repeal a requirement for restricted fishing area evaluation."

The draft rules are available here.   

November 21, 2007

Radiation Detectors for Ports on Hold

The Washington Post said that the Department of Homeland Security's project to procure and install 1,700 radiation detectors at ports or other points of entry has been postponed, here.  This delay is projected to last until next year.

This effort is one of many post-9/11 measures to enhance the security of the nation's ports.  Protection of the ports, through which nearly all of the cargo bound for the U.S. arrives, is a pressing concern.

November 20, 2007

Congressional Inquiry into SF Oil Spill

Yesterday, Congress held a hearing in San Francisco to investigate the recent oil spill and cleanup efforts.  The announcement and links to the written testimony is here.

The San Francisco Chronicle has an exhaustive amount of materials on the spill here.

November 19, 2007

Trust Territory Revisited - Compacts Updated by Congress

The Compacts of Free Association had a comprehensive update recently passed by the U.S. House of Representatives.  This amendment was sent to the Senate last week, here.  These Compacts affect the countries of the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.

The defeat of Japan at the end of World War II left numerous island chains ungoverned.  This status prompted the creation of the Trust Territory of the Pacific Islands.  This U.N. sponsored affiliation was a protectorate with the United States acting as the government and perhaps more importantly, the department of defense for these islands.

Rather than transitioning towards statehood, several island chains opted for "free association" with the United States in the 70's and 80's.  This arrangement allowed for sovereignty to pass back to the various "countries" combined, however, with a residual relationship with the former "trustee".  The Compact of Free Association provides for favorable treatment for citizens of the former Trust Territory to include immigration and military service.

Some interesting provisions of the Amendment.  Section 5 provides that citizens of Palau, Micronesia and the Marshall Islands are entitled to receive services from the Legal Services Corporation.  This was a vexing issue in Hawaii where the Legal Aid organization could not provide indigent legal services to Hawaii residents from the former Trust Territory, explained here.  If approved by the Senate and signed by the President, FEMA would remain obligated to provide funding for disaster assistance.  Finally, Palau would be entitled to transmit U.S. videotaped programming, apparently Palau was left off the list when Trust Territory of the Pacific Islands terminated.

As the amendment demonstrates, laws relating to these countries, both international and U.S., typically present very diverse issues resulting from the historical relationship between them and the United States.

Why a blog?

  • Why a Blog?
    this blog is provided as a resource to anyone interested in legal issues relating to the ocean or the maritime use of it, in and around Hawaii, Oceania and beyond. it will start at the shoreline and head out to sea from there.
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    This blog is for informational purposes only. By reading it, you and I do not form an attorney-client relationship. If you want legal advice, retain an attorney licensed in your jurisdiction. This blog is not sponsored by my firm, nor is it approved by my firm or my clients. The opinions expressed here are my own. © All rights reserved. 2007.

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