hawaiioceanlaw.com

Update: Hawaii's Proposed Fuel Law for Nawiliwili

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 environmentally friendly fuels. 

Ocean Law News - Cosco Busan Pilot Charged

The U.S. Attorney's Office in San Francisco has charged the pilot of the Cosco Busan with misdemeanor violations of the Clean Water Act.  The incident was discussed here. 

Not All Vessels are Fishing For Purposes of Shark Fin Trade - Says Ninth Circuit

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, to buy shark fins on the high seas from foreign fishing vessels, intending to land those fins abroad, for further transport to the markets in Asia.  The U.S. Coast Guard intercepted the boat on the high seas 250 miles off Guatemala.  It seized the fins and detained the King Diamond II.  The government filed a forfeiture action to seize the fins.  The stipulated fair market value of the fins was $618,956.

The Ninth Circuit found that the Shark Fin Prohibition Act did not provide "fair notice" to the Hong Kong company charterer that operating a vessel under a Registry endorsement, with the aforementioned intent to buy shark fins on the high seas, would bring its activities under the definition of "fishing vessel" in the statute.

The King Diamond II and the fins:

Photos attributed to the Coast Guard available at sciencenews.org.

Seascape Strategy - Workplan for Prosperity

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 Islands.  Prosperity, whether social, economic or environmental, guides their efforts.

As the first step in development of this strategy, Environmental Law Institute conducted a baseline assessment of the various laws and regulations governing the nearshore waters.  They identified some challenges ahead for nearshore waters, including climate change, ocean industries and the expanding population.  They identified some potential solutions or approaches to address these concerns are marine protected areas, regulation of non-commercial fishers and comprehensive management.

Too soon to tell how this will turn out, but for those interested in resource regulation in ocean waters, this is one to monitor.

Ninth Circuit says Providers of Necessaries Abroad Have Maritime Lien

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 liens in U.S. law and because it is an admiralty case, choice-of-law and extraterritorial application of U.S. law principles are also discussed.  The opinion does acknowledge a split in the Circuit Courts of Appeal treatment of this issue making it ripe for Congressional fix or Supreme Court review.

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.

California Effort to Place Peace Officers on Cruise Ships

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 cruise ships don't stay in California waters (three nautical miles from shore) for very long, ergo any law enforcement would likely occur extra-territorially.  Manning of vessels is a federal, not state, regulated activity.  State officials are within their authority to board vessels in State waters, but I don't get the sense that the California Senator is concerned about pollution or crimes within three nautical miles from shore.

Fingerprinting At Sea - Coast Guard Expands Biometric Program

The Coast Guard announced that it is expanding its Biometrics program to the Florida Straits. 

Per the Coast Guard: 

Since the program began in November 2006, it has collected biometric data from 1,526 migrants, prosecuted 118 of those migrants.  Migrant interdictions in the Mona Pass were down 50% between FY 2006 and FY 2007.

"As we expand use of this valuable tool, we are helping to close the door on those risking their lives and the lives of others to enter our country illegally," said US-VISIT Director Robert Mocny. "Because biometrics are so reliable, we are able to prosecute more illegal migrants and migrant smugglers to help deter others from attempting such dangerous voyages."

This information‑sharing effort between US‑VISIT and the Coast Guard uses mobile biometric technology --fingerprints and photographs-- to identify illegal migrants who are apprehended while attempting to enter the United States through the Mona Passage between Puerto Rico and the Dominican Republic, and now, the Florida Straits.

Under the program, the Coast Guard digitally collects fingerprints and photographs from illegal migrants apprehended at sea, and then uses satellite technology to immediately compare the migrants' information against US‑VISIT databases, which includes information about wanted criminals, immigration violators and those who have previously encountered government authorities.

Analysis of Exxon Valdez Oral Argument

Scotusblog posted some commentary on the Exxon Valdez oral arguments.  I posted about the case here.

Violence on the High Seas - Whalers vs. Conservationists

I posted earlier on the dispute between the Sea Shepherd Society and a Japanese whaler off of Antarctica.  The dispute has continued to escalate with a threat (unverified for now) of legal action against Sea Shepherd for trespass on the Japanese vessel. 

And, more disturbing, this incident of flashbang grenades and gunfire. Warning - the F - word is heard.