Hawaiioceanlaw.com

TWIC Implementation Update - Hawaii and Beyond

Yesterday was the implementation date for TWIC's in Hawaii. [There is even a large electronic sign on Sand Island Access Road warning drivers of such].

The Transportation Worker Identification Credential is a post-9/11 requirement to enhance security of critical infrastructure, especially the nation's harbors.  Per the Coast Guard, no problems were reported at any Hawaii harbors.  This is likely due to an overwhelming majority of harbor users enrollment in the program, noted here.

American Samoa, on the other hand has some interesting issues.  Per customshouse blog, implementation of the TWIC in American Samoa has been delayed, citing immigration status and concerns whether the TWIC should even be a requirement.

I posted about the TWIC program earlier here, here, and here.

Coast Guard's Superferry Security Zone Upheld

The Ninth Circuit Court of Appeals affirmed the Coast Guard's security zone for the Superferry (posted earlier here ).  In Wong v. Bush (opinion available here), the Ninth Circuit upheld the Coast Guard's security zone created to protect the Superferry in Nawiliwili Harbor on Kauai.

Several Superferry protestors challenged the Coast Guard's security zone as violative of their First Amendment rights, the National Environmental Policy Act (NEPA) and the Coast Guard's security zone regulatory authority. 

The Ninth Circuit, in cursory fashion, found the protestors to have standing to assert all of these claims and found them to be not moot (both procedural defenses which could have ended court's inquiry and caused summary rejection of protestors' arguments).

The Court found the security zone to be a reasonable time, place, manner restriction on speech, permissible under the First Amendment.  It was content neutral, narrowly tailored and left open alternative channels of communication.

The Coast Guard has the power, under NEPA, to categorically exclude certain federal actions from the requirement to conduct an environmental assessment and/or environmental impact statement.  As such, the protestors could not challenge the lack of an environmental assessment or consideration of different alternatives when the entire action was excluded from NEPA.

Finally, the Court held that the statute giving the Coast Guard authority to create security zones (50 U.S.C. 191) was not exceeded by the Superferry Security Zone.

My fellow Hawaii blawggers (Robert Thomas and Charley Foster) have posted their analysis here and here.

What About Kawaihae? TWIC Implementation Issues

West Hawaii Today reports some implementation issues with the TWIC program on the Big Island.

I posted about the TWIC program earlier here and specifically about the TWIC registration in Hilo, here.

Securing LNG Facilities - Coast Guard Authorization Bill Triggers DC Fight

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 as did the Office of Management and Budget (OMB),  here.

A side note in the bill is the transfer of the Administrative Law Judges from the Coast Guard to the National Transportation Safety Board.  These ALJ's handled merchant marine licensing suspension and revocation matters. 

The House, not fazed by the White House threat of veto, passed the bill.

R. E. S. P. E. C.T. - Coast Guard Aims to Be More Professional

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 PROFESSIONALISM. ADDITIONALLY, SOME
HAVE SAID THEY LOST THE COMPLETE TRUST THEY ONCE HAD IN THE COAST
GUARD AND ARE FEARFUL OF RETRIBUTION IF THEY CHALLENGE THE COAST
GUARDS CONDUCT.

Port Security in the News - Things Better Since 9/11?

Remarking on the state of port security in the U.S. following 9/11, the Secretary of Homeland Security recently said that major advances in port security have been made, making special mention of TWIC's, security plans, increased CBP presence and port security grants.  Asserting that naysayers expressing concerns about port security show their "intellectual laziness,"  the Secretary took steps to assuage much of the criticisms in this area.

But what about the threat of small boats to America's strategic interests?  Maritimeterrorism raises some flags.

Coast Guard has New Regs for Vessels from Indonesia

The Coast Guard announced a new policy imposing security restrictions on vessels arriving from certain Indonesian ports deemed to have inadequate security measures in place.  These restrictions impose certain security measures to be used when the vessels visit U.S. ports.  The Indonesian ports listed below do have the requisite security measures in place:

PT Terminal Petikemas Surabaya, Banjarmasin Port, PT Pertamina Unit Pemasaran III Jakarta,  Pertamina Unit,  Pengolahan V Balikpapan, Senipah, Terminal Total E&P Indonesia, Balikpapan, Caltex Oil Terminal Dumai, Pelindo II Conventional Terminal, Jakarta, Jakarta International Container Terminal, PT Pupuk Kaltim Bontang, PT Badak Bontang, PT Indominco Mandiri Bontang, Pertamina Unit Pengolahan II Dumai, PT Pelabuhan Indonesia, Cabang Dumai, Semarang International, Container Terminal, Belawan Multi-Purpose Terminal and PT Multimas Nabati Asahan.

If a vessel visited another Indonesian port within its last five port calls, it is required to have the enhanced security measures denoted in the rule.

Homeland Security Seeks $9.3B for Fiscal Year 2009

Homeland Security Secretary Chertoff provided testimony to the House of Representatives about the proposed budget for fiscal year 2009.  Questioning at the hearing seemed to focus on transition of administrations, surveillance programs and the port grant programs.

Relating to the Coast Guard, the budget request attempts to stanch the trend of worsening readiness of Coast Guard cutters, as reported here.  On reading of these problems, I'm reminded of the song from the group Split Enz, thought to be a political commentary on the Royal Navy's readiness issues during the Falkland War, entitled "Six Months in a Leaky Boat."

Uncle Sam Wants More Info on Cargo Shipments

Hat tip to International Trade Law news for its post on the proposed rule requiring information on cargo shipments.  Uncle Sam says:

An importer, or person causing goods to arrive within the limits of a port in the U.S. would be required under the proposed rule to submit an Importers Security Filing within 24 hours before cargo is laden abroad a vessel. The Importers Security Filing for cargo (other than foreign cargo remaining on board) must contain the following data elements:
1) Manufacturer name and address
2) Seller name and address
3) Container stuffing location
4) Consolidator name and address
5) Buyer name and address
6) Ship to name and address
7) Importer of record number
8) Consignee number
9) Country of origin of the goods
10) Commodity Harmonized Tariff Schedule number (6 digits)

Coast Guard Commandant Speaks to Press Club

The U.S. Coast Guard Commandant spoke to the National Press Club last week.  This video is a pretty good snapshort of some issues facing the service today, including Deepwater procurement program, shortfall in marine inspectors and right-sizing (read: increasing) the size of the Coast Guard.  During the question/answer phase, he discusses Katrina, increased presence in Arctic and the transition to the Department of Homeland Security.