hawaiioceanlaw.com

Potential Sewage Spill in Kailua Bay

Per Hawaiireporter.com and undoubtedly as a result of last night's rains, sewage went into the storm drains in Enchanted Lake on Oahu, with potential runoff into Kaelepulu Stream and the ocean at Kailua Bay, as reported here.

Feds Release Invasive Species Management Plan

The federal government released its draft National Invasive Species Management Plan for public comment.  The comment deadline is February 11, 2008. 

The notice published in the Federal Register indicates that the plan is a product of the National Invasive Species Council, a interagency council made up of representatives from the concerned and responsible federal agencies.  The council's website is here.

Cargo Screening Update - Singapore Screens for Nuclear Materials

According to intelanalysis.org, the Government of Singapore has agreed to scan U.S. bound shipping containers for nuclear and radiological materials for a six month trial period.  Other news reports list Honduras, the U.K., Oman, Pakistan, South Korea and Hong Kong as participating ports.

These efforts are taken under the auspices of the Secure Freight Initiative, a joint Department of Homeland Security and Department of Energy project.  Congress mandated 100% cargo screening of all U.S. bound cargo containers at foreign ports by 2012.  This will not be an easy requirement.  An official with the Department of Homeland Security admitted that he was "daunted by the prospect of 100 percent scanning in every port".

The federal government's approach to port security after 9/11 have been criticized (by my former Professor at the U.S. Coast Guard Academy) for being "piecemeal".  Despite advances in port security,  certainly more work is needed to protect the lifeline of the national economy.

Technorati Profile

Seven days late? Pay the Harbor Worker's Attorney's fees

The Ninth Circuit just held that workers entitled to a late payment award under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901-50) can recover attorney's fees and costs to obtain such award.  In Tahara v. Matson Terminals, Inc., the Court approved the lower court award of fees for an injured employee whose damages payment apparently failed to reach him in the statutorily mandated 10 days.  The Court disallowed fees associated with the claimant's counsel defending himself in an attorney disciplinary proceeding because that claim was not "before" the trial court.

Cosco Busan Departs and Pilot Surrenders Federal Pilot License

The Cosco Busan was allowed to leave San Francisco after a "customs hold" was placed on the vessel following her allision with the Oakland Bay Bridge, discussed here.  The Coast Guard press release includes links to video and pictures of the ship underway.

In related news, the Coast Guard reports that the pilot onboard during the allision has voluntarily deposited his federal license with the Coast Guard.  Pilotage in ports and harbors has been regulated by the States since 1789.  Historically, there have been complaints that the States are given the right to regulate pilotage but the same law exists today. 

EPA Seeks Comments on Draft Cruise Ship Discharge Assessment Report

The EPA has posted a notice in the Federal Register seeking comment by February 4, 2008 on its Draft Cruise Ship Discharge Assessment Report.  It is a lengthy report and my quick skim revealed that it is Alaska-heavy with statistics, but it does provide a good overview of the potential waste streams related to cruise ship operation and the applicable laws and regulations governing those streams.

Hat tip to my Maritime Law Association colleague, Dennis Bryant, Esq. for news of this report. 

Compensation for Northwestern Hawaiian Island Fishermen - 2008 Omnibus Appropriations Bill

Congress passed the 2008 Omnibus Appropriations Bill.  Highlights of specific funds allocated for Hawaii are denoted, here.

Of particular note, Congress authorized the payment of compensation for fishermen displaced by the fishery closure resulting from the creation of the Papahanaumokueakea Marine National Monument.  I've included the text of this provision for ease of access. 

SEC. 111. (a) The Secretary of Commerce is authorized to provide compensation to fishery participants who will be displaced by the 2011 fishery closure resulting from the creation by Presidential proclamation of the Papahanaumokuakea Marine National Monument.

(b) The Secretary shall promulgate regulations for the voluntary capacity reduction program that:

(1) identifies eligible participants as those individuals holding commercial Federal fishing permits for either lobster or bottomfish in the designated waters within the Papahanaumokuakea Marine National Monument;

(2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits;

(3) at the option of each eligible permit holder, provides an optional mechanism for additional compensation based on the value of the fishing vessel and gear of such participants who so elect to receive these additional funds, provided that the commercial fishing vessels of such participants will not be used for fishing.

(c) There is authorized to be appropriated to the National Oceanic and Atmospheric Administration's National Marine Fisheries Service, $6,697,500 for fiscal year 2008.

(d) Nothing in this section is intended to enlarge or diminish Federal or State title, jurisdiction, or authority with respect to the waters of the Northwestern Hawaiian Islands or the tidal or submerged lands under any provision of State or Federal law.

More on the Exxon Valdez Punitive Damages Case - Opening Brief

I posted earlier about the Supreme Court agreeing to hear a case stemming from the Exxon Valdez oil spill, here.  On Monday, Exxon filed a Petitioner's Brief, here.

At issue is whether general "maritime law" allows for an award of punitive damages.  Specifically, 1) whether federal law will hold a shipowner liable for punitive damages for at-sea conduct of the ship's master; 2) whether a judge can craft a punitive damages remedy for pollution when Congress has already established both civil and criminal penalties in the Clean Water Act; and 3) whether the award of a $2.5 billion was within the limits allowed by general maritime law.

Thanks to my colleague Tred Eyerly, an insurance coverage specialist and former Alaskan resident, for the tip on the brief.

TWICs in Hilo

The Department of Homeland Security will be providing the Transportation Worker Identification Credential in Hilo, as announced here.  I discussed the program, here.

The Department of Homeland Security website says they'll be setting up shop on January 3rd at the Hilo Hawaiian Hotel.