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March 13th, 2017 at 10:34 am

Bryant’s Maritime Blog – 13 March 2017


St. Lawrence Seaway – Seaway Notices;

Senate – opposition to USCG budget cut;

State Court – punitive damages for unseaworthiness;

ReCAAP – Piracy & Sea Robbery Conference;

New Zealand – biofouling ejection;

UK – Marine Navigation Act assessment; and

Daylight saving time.

March 13, 2017

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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. Common sense is a flower that doesn’t grow in everyone’s garden.

St. Lawrence Seaway – Seaway Notices

clip_image004 The Great Lakes-St. Lawrence Seaway System posted its usual series of Seaway Notices in anticipation of the scheduled 20 March opening of the 2017 navigation season. (3/10/17) [].

Senate – opposition to USCG budget cut

clip_image006 Twenty-three Senators have sent a letter to the Office of Management and Budget (OMB) registering their opposition to the proposed $1.3 billion reduction to the Coast Guard’s FY 2018 Presidential budget request. (3/8/17) [,%20CG%20FY18.pdf]. Note: This item was brought to my attention by my friend Kim Hall of Brizo Maritime Consulting.

State court – punitive damages for unseaworthiness

clip_image008 In an en banc decision, the Supreme Court of the State of Washington ruled that seamen are entitled to seek punitive damages when their alleged injuries are due in part to an unseaworthy condition on their vessel in circumstances indicating at least recklessness on the part of the vessel owner. The court noted that unseaworthiness actions arise in common law and that punitive damages are available in common law. There is no US Supreme Court decision on point and the court declined to follow federal appellate decisions to the contrary. Tabingo v. American Triumph LLC, No. 92913-1 (Wash., March 9, 2017) []. Note: This decision was brought to my attention by my friend Rivers Black of Nicoll Black & Feig.

ReCAAP – Piracy & Sea Robbery Conference

clip_image010 The ReCAAP Information Sharing Centre issued a notice stating that the Piracy and Sea Robbery Conference 2017 will be held in Singapore on 27 April. (3/10/17) [].

New Zealand – biofouling ejection

clip_image012 The New Zealand Ministry for Primary Industries issued a media release stating that the bulk carrier DL Marigold was ordered to leave New Zealand waters and to have its hull thoroughly cleaned prior to re-entry. A dense coating of barnacles and tube worms was discovered on the hull and other underwater surfaces after the vessel arrived in Tauranga. (3/7/17) []. Note: This is the first reported instance of ejection of a vessel from port for biofouling.

UK – Marine Navigation Act assessment

clip_image014 The UK Department for Transport (DfT) posted its Memorandum to the Transport Select Committee of Parliament comprising the Post Legislative Assessment of the Marine Navigation Act 2013. Among other things, the legislation amended other Acts relating to pilotage, harbor authorities, and the movement, mooring, manning, and equipment of ships. Comments received during the assessment were generally supportive, although a minority believed that the Act brought no obvious benefits. No stakeholders reported adverse impacts. (3/10/17) [].

Daylight saving time

clip_image016 Long-suffering readers are reminded that at 0200 local time, Sunday, 12 March 2017, most of the United States and Canada, plus Bermuda, the Bahamas, Cuba, and Haiti, implemented daylight saving time (going from GMT-5 to GMT-4 for the Eastern Time Zone). European nations and some others in the northern hemisphere implement daylight savings time on the last Sunday in March. It is unclear why we don’t utilize daylight saving time year-round. It is also unclear how changing the clock actually saves any daylight. There are mysteries not disclosed to mere mortals.

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – March 2017

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    logo11 Tugs and VRPs

    In the April 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Tugs and VRPs". The article discusses the transition of tugs and towboats from being uninspected vessels to inspected vessels of the United States and that transition's impact on vessel response plans (VRPs). VRP plan holders and preparers should carefully review their current plans to ensure that the tugs identified therein will actually be eligible to provide the services stated in the locations called for.