Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

May 2nd, 2012 at 10:50 am

Bryant’s Maritime Blog – 2 May 2012

Headlines:

White House – prohibitions against evaders of Iran & Syria sanctions;

DOJ – pirate negotiator convicted;

NOAA – Monitor NMS;

NOAA – California eelgrass;

Oregon – danger zone proposed;

US & Canada – joint maritime homeland security exercise;

Washington – $10,000 fine for 177 gallon spill; and

EU – amendment to vessel traffic monitoring regulations.

May 2, 2012

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Bryant’s Maritime Consulting – 4845 SW 91st 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’s always darkest before it isn’t.

White House – prohibitions against evaders of Iran and Syria sanctions

clip_image004 President Obama issued an Executive Order prohibiting certain transactions with and suspending entry into the United States of foreign persons found to have evaded US sanctions with respect to Iran and Syria. The Office of Foreign Assets Control (OFAC) issued a Fact Sheet explaining the action, as well as some Frequently Asked Questions (FAQ) addressing the topic. (5/1/12). Note: This Executive Order has serious and immediate impacts on US persons dealing with any foreign person or entity identified as a Foreign Sanctions Evader (FSE) with respect to Iran or Syria. New transactions with such FSE are prohibited and current transactions must cease immediately. At the moment, no FSE have been publicly listed, but that is subject to change without prior notice. Carriers, shippers, and other maritime entities (such as classification societies and insurers) should monitor these developments closely so as to avoid inadvertent violations.

DOJ – pirate negotiator convicted

clip_image006 The Department of Justice (DOJ) issued a news release stating that Mohammad Saaili Shibin of Somalia has been convicted in federal court for his involvement in the hijacking of the US yacht QUEST and the taking hostage of the four US citizens on board (who were ultimately killed before their release could be secured) and for the hijacking of the German-flag M/V MARIDA MARGUERITE. Mr. Shibin served as the ransom negotiator in both hijackings. Among the various crimes for which Mr. Shibin was convicted were two counts of piracy under the law of nations, which each carry a mandatory penalty of life in prison. (4/27/12). Note: This conviction is particularly important in two respects. First, all of the acts for which Mr. Shibin was convicted occurred ashore, which is highly unusual in a piracy case and shows an effort to move enforcement of piracy up the food chain from just the individuals on the pirate skiff. Second, the convictions related to the MARIDA MARGUERITE demonstrate a willingness on the part of the United States to not limit its enforcement and prosecution of acts of piracy to just those involving vessels of its own registry.

NOAA – Monitor NMS

clip_image008 The National Oceanic and Atmospheric Administration (NOAA) is seeking comments on its draft management plan for the Monitor National Marine Sanctuary (NMS). Among other things, the draft plan calls for possible future sanctuary expansion to include that portion of the coastal waters of North Carolina known as the “Graveyard of the Atlantic”. Public meetings are being held in Raleigh (April 30); Wilmington (May 1); Beaufort, NC (May 2); Nags Head (May 3); and Newport News (May 4). Written comments should be submitted by June 22. 77 Fed. Reg. 22761 (April 17, 2012). Note: This item was brought to my attention by my friend Dave McGee of Systems Planning & Analysis.

NOAA – California eelgrass

clip_image008[1] The National Oceanic and Atmospheric Administration (NOAA) is seeking comments on its California Eelgrass Mitigation Policy. Comments should be submitted by July 7. 77 Fed. Reg. 25964 (May 2, 2012).

Oregon – danger zone proposed

clip_image010 The US Army Corps of Engineers (USACE) proposes to establish a danger zone in waters adjacent to Camp Rilea in Clatsop County, Oregon. Comments on the proposal should be submitted by June 1. 77 Fed. Reg. 25952 (May 2, 2012).

US & Canada – joint maritime homeland security exercise

clip_image012 clip_image014 clip_image016 The US Coast Guard issued a news release stating that personnel and assets of the US Coast Guard, US Navy, and Canadian Joint Force Atlantic will participate in Exercise Frontier Sentinel during the period May 2-9. The exercise will begin in Sydney, Nova Scotia and conclude in Groton and New London. The focus of the exercise is joint maritime homeland security and may include mine counter-measures and migrant vessel scenarios. (5/1/12).

Washington – $10,000 fine for 177 gallon spill

clip_image018 The Washington Department of Ecology issued a news release stating that it assessed a fine of $10,000 against the owner of a barge from which approximately 177 gallons of diesel fuel was spilled into the Port of Tacoma Blair Waterway. The spill occurred during fueling. The Department asserts that the spill occurred because the company failed to properly monitor the fuel transfer. (4/30/12).

EU – amendment to vessel traffic monitoring regulations

clip_image020 The Irish Department of Transport, Tourism and Sport issued a notice stating that the EU Vessel Traffic Monitoring and Information System Regulations have been amended to, among other things, update the MSDS requirement and allow for instructions to be issued to any assistance, salvage, or towage companies in order to prevent a serious and imminent threat. Marine Notice 22-2012 (4/30/12).

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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

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2012

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