Wednesday, August 31, 2011

Bryant’s Maritime Blog - 31 August 2011

Commencing 1 September 2011, this Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at . I apologize for any inconvenience, but my official website has the same information and more.


Hampton Roads – cautious return to normal operations;

Court - binding arbitration upheld;

France & US – increased protection for humpback whales;

India – enhancements to coastal security; and

New Zealand – yacht skipper convicted after ignoring rules.

August 31, 2011

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

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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. Remembering the future.

Hampton Roads – cautious return to normal operations

clip_image004 The US Coast Guard issued a news release stating that, while normal operations have resumed in the Port of Hampton Roads, mariners should exercise caution due to the possibility of shoaling, debris, and off-station aids to navigation. (8/30/11).

Court – binding arbitration upheld

clip_image006 Over a vigorous dissent, the US Court of Appeals for the Eleventh Circuit ruled that a foreign crewmember on a foreign passenger vessel based out of the United States must comply with an arbitration clause in his employment contract. In the instant case, the clause required that disputes between the employee and the employer be resolved via binding arbitration under the law of the flag state (Bahamas) in the employee’s country of citizenship (in this instance, Nicaragua). Plaintiff crewmember brought suit, alleging that the arbitration clause was not applicable to his dispute and that the clause was void as against public policy. The court held that federal law favors arbitration, but left open the possibility that plaintiff might renew his cause of action at the enforcement stage if it was shown after-the-fact to be contrary to public policy. Lindo v. NCL (Bahamas) Ltd, No. 10-10367 (11th Cir., August 29, 2011).

France & US – increased protection for humpback whales

clip_image008 clip_image010 The National oceanic and Atmospheric Administration (NOAA) issued a news release stating that the United States and France entered into a “sister sanctuary” agreement to support the protection of endangered humpback whales that migrate annually between the Stellwagen Bank National Marine Sanctuary off Massachusetts and the Agoa Marine Mammal Sanctuary in the French Antilles. (8/30/11).

India – enhancements to coastal security

clip_image012 The Indian Ministry of Defence issued a press release stating that efforts have been undertaken to fill gaps in coastal security revealed by certain incidents such as the grounding of the MT Pavit off the Indian coastline. (8/30/11).

New Zealand – yacht skipper convicted after ignoring rules

clip_image014 Maritime New Zealand issued a media release stating that the skipper of a yacht was convicted of deliberately ignoring the rules of the road and fined more than $5,000. The skipper cut dangerous close across the path of a ferry and ignored whistle blasts, forcing the ferry be put into reverse. When questioned afterwards, he admitted deliberately ignoring the collision prevention rules, assuming that the ferry would alter its course. (8/30/11).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – August 2011

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