Hawaiioceanlaw.com

Declare Value of Your Packages - Else COGSA Caps Damages

The Fourth Circuit Court of Appeals recently held that the Carriage of Goods at Sea Act ("COGSA"), 46 U.S.C. 30701, means what it says when it caps carrier liability at $500 per package.

In Maersk Lines v. USA, the United States government arranged to ship aircraft cargo loaders from Charleston to Oman.  Maersk shipped the loaders, but they were damaged during the voyage.  At issue in the litigation was the $500 liability cap "per package" in COGSA.  This law caps liability of a carrier unless the shipper contracts a higher cap or declares the value of the cargo.  In this case, the United States did not so contract nor did it declare the value of the cargo.  The Fourth Circuit held that it Maersk's liability was thus, capped at $500 per package.

Management Challenges at Homeland Security? Inspector General Issues Report

The Department of Homeland Security Inspector General just issued a report on "Major Management Challenges".

Among the challenges facing the Department are disaster response, border security, transportation security, financial management, and acquisition management.  FEMA and Katrina get some attention.  The Coast Guard and Deepwater do too.

Cosco Busan Preliminary Investigation Released

The Coast Guard released its preliminary investigation into the response to the Cosco Busan oil spill today, as promised in my earlier post, here.

It is a lengthy report prepared by a committee of various federal, state and non-governmental organization representatives.  Interesting to note that the committee found that owing to the reduction of oil spills nationwide, there are fewer numbers of experienced large spill responders.

Cruising to the Mainland - Mexico Stop - Part Cuatro

Today's Advertiser prints some of the criticisms of the proposed rule requiring lengthier stops in a foreign port before disembarking passengers who embarked a foreign flagged cruise ship in a U.S. port.

The rule and my updates are posted here, here and here.

GAO Identifies Security Concerns for Foreign Ports

The GAO recently released its report on container security in foreign ports.  Lots of information and analysis here to digest, but troubling was its not-so-subtle comment, "We still see room for improvement."

Congress Holds Hearings on TWIC Implementation

Congress held hearings this week on TWIC implementation. 

The Statement of the Transportation and Infrastructure Committee Chair is here.  The Chair of the Coast Guard and Maritime Transportation Subcommittee, here.  Coast Guard Admiral Salerno, here.  TWIC Program Manager for the Transportation Security Administration, here. TWIC implementation contractor's representative, here.  And Maryland's Secretary of Transportation, here.

New Taxes on Exports in the Works?

A California Congressman issued a press release discussing a new bill (unavailable today) imposing fees on exports of good through our ports.  The bill is designed to "ease congestion" at the ports of entry.  Dennis Bryant, Esq. at Holland & Knight questions the constitutionality of such a bill.  The relevant question being whether Article I, Section 9 of the Constitution has a role here: "No Tax or Duty shall be laid on Articles exported from any State."

Coral Reef Issues in the News

Lots of coral reef issues in the news here.

A recent mapping effort by the federal government revealed the coral reef ecosystem "thriving" off the Big Island, as reported here.

A Maui company was proposed to receive a $672,618 fine for coral reef damage at Molokini.  Apparently, as a result of a vessel mishap, 2,067 square feet of coral was damaged at Molokini in 2006.  The damage was the result of the sinking and salvage of the vessel Kai Anela.  The State's Board of Land and Natural Resources assessed a penalty of $550,000 yesterday. 

And, the Governor proclaimed  2008 to be the International Year of the Reef.

Feds Have New Plan for Disasters...er, Responses

Thanks to cgblog.org for their post on the new National Response Framework published by the Department of Homeland Security. 

This framework "adds" on to the National Response Plan and is used for interagency (federal/state/local) responses to incidents.  In the maritime context, the National Response Plan was frequently used for pollution incidents and cleanup.

California Sonar Litigation and Hawaii

The Garden Island reports about the impact of the Navy Sonar litigation in California and the potential impact on similar litigation over the use of sonar in Hawaii.

I posted about the litigation and President's memorandum here.