Bryant’s Maritime Blog–24 November 2010

Headlines: NOAA – Oil Budget Technical Report; USCG – Pittsburgh Area Maritime Security Committee; Court – alternate employer under maritime liability insurance policy; IMO – objectives for COP 16/CMP 6; ReCAAP – October Report; Seychelles – suspected pirates apprehended, hostages freed; Somali Basin – ships evade pirates through use of Best Management Practices; India – development works on National Waterways; and India – Shipping Policy.

November 24, 2010

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. He who is lost, hesitates.

NOAA – Oil Budget Technical Report

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that the Federal Interagency Solutions Group has posted the peer-reviewed 217-page Oil Budget Technical Report detailing calculations of the fate of oil released into the environment from the Gulf of Mexico oil spill. The report does not provide information on the impact of the oil nor indicate where the oil is now. (11/23/10).

USCG – Pittsburgh Area Maritime Security Committee

The US Coast Guard is in search of individuals interested in serving on the Pittsburgh Area Maritime Security Committee. Applications should be submitted by January 3, 2011. 75 Fed. Reg. 71721 (November 24, 2010).

Court – alternate employer under maritime liability insurance policy

The US Court of Appeals for the Fifth Circuit ruled that an alternate employer was an assured under a maritime liability insurance policy and coverage to the alternate employer was excluded by the protection and indemnity (P&I) policy exclusion because the alternate employer had a P&I policy in effect. In the instant case, an employee of a maritime catering company was injured while working on a vessel owned by a company that had contracted with the catering company for its services. The injured employee sued both his employer and the vessel owner. The employer had an insurance policy that included an alternate employment endorsement, but the policy also contained an exclusion applying to bodily injury claims covered by a P&I policy that might provide coverage for the claim. The vessel owner had such P&I coverage, but the employer did not. The court held that the vessel owner’s P&I policy triggered the exclusion clause because the vessel owner was the alternate employer under the maritime liability insurance policy. Cal-Dive International v. Seabright Insurance, No. 10-30031 (5th Cir., November 22, 2010).

IMO – objectives for COP 16/CMP 6

The IMO issued a news release stating that it will participate in the upcoming UN Climate Change Conference (COP 16/CMP 6) in Cancun. The IMO’s main objectives are that: (1) the IMO continues to be entrusted with development and enactment of global regulations on control of greenhouse gas (GHG) emissions from ships engaged in international trade; (2) regulations should be applied to all ships according to the non-discriminatory principle on which the IMO regulatory framework is based; and (3) interests of developing countries are fully taken into account through IMO’s Technical Cooperation Program and by distribution of revenues generated by a market-based instrument for international shipping. (11/23/10).

ReCAAP – October Report

The ReCAAP Information Sharing Centre issued its Report for October 2010. The report states that there were 15 incidents (13 actual and two attempted) of piracy and armed robbery against ships reported to it during October. Of particular concern was the incident suspected to have been carried out by East African pirates against a ship in the Indian Ocean off the coast of India. (11/23/10).

Seychelles – suspected pirates apprehended, hostages freed

The EU NAVFOR issued a press release stating that the Seychelles Coast Guard apprehended five suspected pirates on November 18 when it intercepted a whaler and skiff about 300 nautical miles southwest of the islands. On November 20, it intercepted a whaler, a pirated fishing vessel, and two skiffs approximately 250 miles northwest of the islands. Eleven suspected pirates were apprehended and seven hostages were freed. In each case, the pirate action groups were first spotted by EU NAVFOR reconnaissance aircraft. (11/23/10).

Somali Basin – ships evade pirates through use of Best Management Practices

The EU NAVFOR issued a press release stating that, over the past five days, seven vessels transiting the Somali Basin have escaped pirate attacks through use of the Best Management Practices (BMP). Despite damage to some of the vessels, all reported that they are safe and are continuing their voyages. (11/23/10).

India – development works on National Waterways

The Indian Ministry of Shipping issued a press release stating that development works are being carried out on the five declared National Waterways of India. (11/23/10).

India – Shipping Policy

The Indian Ministry of Shipping issued a press release stating that, in line with its Shipping Policy, the Government has been taking steps for the growth of Indian tonnage. These steps include implementation of a tonnage tax regime and formulation of the National Maritime Development Programme (NMDP). (11/23/10).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

© Dennis L. Bryant – November 2010

Redistribution permitted with attribution