Bryant's Maritime Blog: Bryant’s Maritime Blog

Headlines: Coast Guard – conditions of entry for vessels arriving from Comoros or Cote d’Ivoire; ACRCC – Asian Carp Monitoring and Rapid Response Plan; Gravesend Bay – safety zone; Cost Guard – policy re distant water tuna fleet vessels; San Juan Islands – WAMS review; House – bill introduced making appropriations for DHS; House – bill introduced re petroleum development off Cuba; Court – unguarded propeller may be a defective design; IMO – model course on operation use of ECDIS; and Denmark – agreement with Seychelles for prosecution of pirates.

May 31, 2011

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. “It is a tale, told by an idiot, full of sound and fury, signifying nothing.” – William Shakespeare.

USCG – conditions of entry for vessels arriving from Comoros or Cote d’Ivoire

The US Coast Guard announced that, effective June 10, it is imposing conditions of entry on vessels arriving in the United States after having called at any port in the Union of the Comoros or the Republic of Cote d’Ivoire, during their last five port calls. The Coast Guard issued Port Security Advisory (3-11), which includes a list of all countries with respect to which conditions of entry are in effect, as well as the actions required for vessels calling in ports of those countries. In summary, each affected vessel must: (1) implement the Security Level 2 measures from its ship security plan while in a port of either country; (2) ensure that each access point is guarded and that guards have total visibility of the exterior of the vessel while in a port of either country; (3) attempt to execute a Declaration of Security while in a port of either country; (4) log all security actions; and (5) report actions taken to the pertinent USCG Captain of the Port [COTP] prior to arrival in the US. (5/27/11).

ACRCC – Asian Carp Monitoring and Rapid Response Plan

The Asian Carp Regional Coordinating Committee (ACRCC) released its 2011 Asian Carp Monitoring and Rapid Response Plan (MRRP). It outlines a set of actions to track and remove Asian carp in the Upper Illinois River and the Chicago Area Waterway System to prevent this invasive species from establishing itself in the Great Lakes. (5/23/11).

Gravesend Bay – safety zone

The US Coast Guard is establishing a permanent safety zone within waters of Gravesend Bay, Brooklyn, New York to provide for protection from recently discovered underwater explosive hazards. The rule comes into effect on June 30. 76 Fed. Reg. 31233 (May 31, 2011).

USCG – policy re distant water tuna fleet vessels

The US Coast Guard issued a notice stating that it is making available a policy letter regarding Distant Water Tuna Fleet vessels manning exemption eligibility and safety requirements. The policy comes into effect on July 1. 76 Fed. Reg. 31351 (May 31, 2011).

San Juan Islands – WAMS review

The US Coast Guard issued a news release stating that it is conducting a Waterways Analysis and Management System (WAMS) review of the San Juan Islands and Rosario Strait. The WAMS review is used to validate the adequacy of the existing aids to navigation (ATON) system and to examine changes in vessel usage and future development projects. Comments on the WAMS review should be submitted by June 20. (5/27/11).

House – bill introduced making appropriations for DHS

Representative Aderholt (R-AL) introduced Department of Homeland Security Appropriations Act, 2012 (H.R. 2017) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2012, and for other purposes. (5/26/11). Among other things, the bill proposes to appropriate $8.7 billion and $7.0 billion for operations of the Customs and Border Protection (CBP) and Coast Guard respectively.

House – bill introduced re petroleum development off Cuba

Representative Ros-Lehtinen (R-FL) introduced a bill (H.R. 2047) to amend the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from the United States aliens who contribute to the ability of Cuba to develop petroleum resources located off Cuba's coast and to provide for the imposition of sanctions and prohibition on facilitation of development of Cuba's petroleum resources, and for other purposes. Official text of the bill has not yet been posted. (5/26/11).

Court – unguarded propeller may be a defective design

In an unpublished decision, the US Court of Appeals for the Fifth Circuit upheld a district court judgment that the manufacturers of a recreational vessel and its engine were liable for injuries incurred when the propeller blade cut and severely injured a swimmer. The ruling, based on Texas state law, affirmed the decision of a jury that the unguarded propeller constituted a defective design. Brochtrup v. Mercury Marine, No. 10-50534 (5th Cir., May 27, 2011).

IMO – model course on operational use of ECDIS

The IMO issued a revised draft model course on the operational use of Electronic Chart Display and Information Systems (ECDISs). The model course has been updated, in part, to reflect the adoption of the Manila Amendments to the STCW Convention and Code. STW 43/3/1 (5/4/11). Note: This item was brought to my attention by my good friend CDR Christian Hempstead of the US Merchant Marine Academy.

Denmark – agreement with Seychelles for prosecution of pirates

The Government of Denmark issued a news release stating that it has reached an agreement with the Government of the Seychelles whereby the Seychelles will accept, jail, and prosecute pirates captured by the Danish warship Esbern Snare. Convicted pirates will thereafter be incarcerated in either of Somalia’s autonomous regions: Somaliland or Puntland. (5/26/11).