Somali Pirates Defy International Community
Posted on September 30, 2008
Filed Under News | 1 Comment
While the international community moves to deal with the recent hijacking of Ukrainian vessel MV Faina bound for Kenya, the pirates themselves remain defiant, insisting they will not lower their demanded ransom of $20 million US.
The ship, which according to Russia’s Interfax news agency was transporting heavy military equipment and parts, including 30 T-72 tanks, was taken of the Somali coast on Thursday, September 25th. Ukraine’s foreign minister said the ship’s crew of 21 people included 17 Ukrainians, three Russians, and a Latvian.
Since the breakdown of central authority in the area beginning in the 1990’s, the lawless Somali coast has been a hot bed of piracy and violence. Gangs armed with machine guns and rocket propelled grenades in small speed boats or cutters are the perpetual bane of international shipping in these waters, and such hijacking has become all too commonplace. Recently, the UN Security Council authorized the sending of naval forces into Somali territorial waters, with Somali consent, to attempt to crack-down on piracy.
The high profile cargo of the MV Faina has prompted the international community to act in decisive fashion, and further news from a leaked source inside the Kenyan government that these weapons were bound for war-torn Sudan further highlight the corruption in the region. US navy warships maintain a watch over the vessel, moored at a coastal village some 500 kilometers north of Mogadishu, and further task forces from Russia and the EU are expected in the coming weeks.
If history has taught anything when dealing with piracy, it is that granting ransoms of this kind only reinforce lawless behavior. The US’s own war with the Barbary Pirates in the early 19th century is a perfect example of the dynamics at play in such a situation. But, with panic over the armaments present in the Ukrainian vessel and strong support from within the United Nations, it appears that International Law will be enforced. It is hoped that such support will lead to a tightening of security in this anarchic region.
Ft. Morgan Civil War Ship Uncovered During Hurricane Ike
Posted on September 18, 2008
Filed Under History, News | Leave a Comment
Reader ‘Angie’ wrote in with questions about the ‘Mystery ship’ uncovered during recent hurricane, “Ike”. Angie asked the following:
“I was just watching the video from NBC news about the mystery ship that was uncovered from hurricane Ike. I wonder who has ownership in a case like that? the state? federal govt? what if it really is a ship from the civil war? i wonder what the statues are on that?”
Yes, it most likely is a civil war ship. Local historians note that the wreckage is similar to a nearby wreckage of the Civil War-era Ivanhoe, a shipwreck that was found by researchers at FSU.
This shipwreck has surfaced previously during hurricane Ivan in 2004, however, not nearly as much of the wreckage was visible. After Ike, more of the wreckage reveals pipes and other features characteristic of steam ships of a similar era.
As far as who owns it, that may be less obvious than one might think. according to a 1999 law from the state of Alabama,
“Cultural Resources, all abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other cultural articles and materials, whether or not associated with any shipwrecks that are contained in or on submerged lands belonging to the state of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding there from sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in the National Register of Historic Places or the Alabama Register of Landmarks and Heritage.”
This means that, [according to Alabama] the owns the shipwreck. However, federal law, the Abandoned Shipwreck Act of 1987 (ASA) authorized the federal government to assert ownership over abandoned shipwrecks when they occur as the following: (1) embedded in submerged state lands; (2) embedded in coral on submerged state lands; or (3) on submerged state lands while eligible for inclusion in the National Register of Historic Places. The ASA then transfers ownership of these specific “embedded” or “historic” shipwrecks to the appropriate state, except if the shipwreck is located on federal lands or Indian lands.
Anyone interested in the wreckage should note that violation of an historic preservation statute is a misdemeanor in Alabama punishable by a $1000 fine.
Below is video of the actual shipwreck uncovered in Fort Morgan, AL.
Cruise Passangers’ Legal Rights
Posted on September 17, 2008
Filed Under US Laws & Codes | Leave a Comment
Cruising the high seas, while often in waters outside US jurisdiction, can leave many vacationers with questions about their legal rights while on board a cruise. Too often, these questions only arise after an event takes place that calls for this information. Before leaving port, cruise passengers should be sure to have the following items and documents in order:
- airline tickets, if necessary
- boarding passes
- boarding form
- bus-transfer vouchers / hotel vouchers
- passport / visa , if necessary
- travel insurance
- Itinerary & emergency contact information for a friend or family member back home
- Emergency cash / Travelers cheques
- List of every item you pack in your luggage or carry on board, and its value, in the event of theft
- Photocopies of passports, visas, and cruise documents, including contract, stored in a safe place
Despite every effort to travel well-prepared, unfortunate events may occur. In the event of theft or injury to your party or your belongings, you should:
- Document any losses of property in the event of theft
- Report an injury or theft to the ship’s captain
- Visit the ships doctor for medical attention for any injuries
- DO NOT SIGN any “Waivers” or “Releases”: Have them faxed to your attorney for review before signing.
- Contact an attorney in the city from which you departed (the United States)
In rare circumstances, the following events can (and do) occur on cruise ships ; should something happen to you, contact a maritime lawyer.
- Passenger Overboard
- Slip & Fall
- Assault / Harassment / Rape
- Negligence
- Misdiagnoses by ship’s doctor
- Any other event that occurs at sea that may require legal representation
SS Morro Castle catalyst for Merchant Marine Act of 1936
Posted on September 14, 2008
Filed Under History, US Laws & Codes | 1 Comment
A nor’easter turned the Atlantic into an angry ocean on the night of September 8, 1934. The SS Morro Castle, all 508 feet and 11,000 pounds of her, chugged hard through the high winds and pounding waves on her way to New York from Havana. The weather was mean and cruel, but nature wouldn’t deal the hardest blow that night.
In the early evening, Captain Robert Willmott took dinner in his cabin. Later he called for the ship’s doctor complaining of stomach pain, not long after, he died, perhaps of a heart attack, though, some 74 years later, some still speculate that the captain was poisoned. Command of the ship went to Chief Officer William Warms.
At 3 a.m. fire was detected in a storage locker. By 3:10, fire had eaten through the main electric line, plunging the ship into darkness and confusion. By 3:30 a.m. flames engulfed the ship. The design of the ship with its highly varnished surfaces and wooden framed fire doors helped to feed the fire.
The crew, poorly trained, did little to help passengers who were never instructed in a fire drill, nor taught how properly to use the life preservers. Many passengers jumped from the ship, snapping their necks on landing, or knocked unconscious and later drowning.
Chief Officer Warms tried beaching the Morro, but his strategy only pushed the ship into the winds, fanning the flames. By morning, 137 of the 549 passengers and crew were dead. The carcass of the SS Morro Castle lodged itself at Asbury Park, NJ and remained there until towed away on March 14, 1935.
In the aftermath of the SS Morro Castle disaster, laws were passed that required ships be built with fire retardant materials, have automatic fire doors, install ship-wide fire alarms and emergency generators, and place greater attention and emphasis on fire drills for passengers.
Also, the SS Morro Castle tragedy provided the impetus for the United States Congress to pass the Merchant Marine Act of 1936. Among other things, the act established training requirements for crews and was the impetus for the establishment of the U.S. Merchant Marine Academy. The act also formalized the rights of seaman, giving them greater protection and recourse against ship’s companies, captains or fellow crewmembers.
For good and ill, the tragedy of the SS Morro Castle is still felt 74-years later.
As Triple Hurricane Threats Approach, the Eastern Seaboard Prepares
Posted on September 5, 2008
Filed Under Local, News | Leave a Comment
Today the North Eastern Coast of the United States prepares for Tropical Storm Hannah and Hurricane Ike, as Josephine remains out at sea for the moment. Boat, yacht and ship owners from the Florida Keys to New Jersey harbors are preparing for the storm by taking action; and you should be too.
If at all possible, remove your boat from the water and haul it inland, out of the storms way. If thats not possible, store it on land out of the way of possible storm surge. Be sure your boat has extra jackstands, supported by plywood and chained together. To reduce windage, store your boat in a location that offers some wind protection; a ditch or low lying valley.
One of the last places you want to keep your boat is in the storage racks (see image to left). If your local marina has your boat stored in the racks and gets damaged, it can be months before the insurance companies agree to pay damages, if they do pay at all.
If you are left with no choice but to keep your boat in the water, try to find a well protected harbor free of rocks that will still be safe with 10 ft surges – and use a helix anchor to secure your boat.
here are some more tips for preparing your boat in the event of a hurricane or tropical storm.
American Knifed to Death on Yacht in Guatamala
Posted on August 13, 2008
Filed Under News | 1 Comment
Reuters recently reported the tragic death of a retired American, and the attack of his wife on a yacht in Guatamala’s Rio Dulce. Reportedly, the town where the yacht was docked was known as a ‘haven for American boaters’. The men who attacked the husband and wife swam to the boat looking for American dollars. When the couple could not produce American dollars, the men demanded the keys to the boat. The woman either did not understand the request, or could not find the keys, resulting in the mean leaving the yacht the same way they arrived. She then radioed for help.
In most countries, violent crime targeted at foreigners does not occur frequently. Perpetrators’ targets are usually known to them and are not targets of opportunity. However, travelers are known to submit to criminal demands without the use of force. The following advice should help you if you are ever threatened by violent crime.
Here are a few safety tips for international sailing
- Know your surroundings
- Anchor overnight
- Avoid carrying large amounts of cash
- Use traveler’s checks and change them only as you need currency. Countersign traveler’s checks in front of the person who will cash them, not beforehand
- make sure important (and expensive!) navigational equipment is bolted or locked down
- have a plan, and make sure someone else (on land!) knows your plans; where you should be & when. Check in with them at predesignated times. Give them a plan of action should you fail to report back
- Do not sail alone
- Avoid becoming intoxicated
What to Do if You are Threatened
- If confronted by an armed criminal, surrender your valuables incrementally and without hesitation.
- Do not use offensive weapons such as mace or pepper spray. If you miss or the agent is ineffective, you have only antagonized the criminal.
- Give the attacker only what he asks for. In many countries, the criminal may be satisfied with very little.
- Without appearing to do so, study your attacker’s appearance, including his face, so that you can aid in identifying him to the police.
- If you have satisfied the criminal’s demand, back away slowly and leave the area as soon as possible.
- Report the incident to your country’s diplomatic mission and to the local police.
- Request a copy of the police report for insurance purposes.
Angry Readers Want Punishment for Hit-and-Run Boater
Posted on August 7, 2008
Filed Under Local, News, US Laws & Codes | 5 Comments
As NJ readers comment on the recent hit-and-run boater, questions are raised regarding the sobriety of the captain, Anthony DiGilio of Brick, NJ. Our guest legal expert, Nicole Taylor, Explains .
by Nicole Taylor
The blood alcohol content (BAC) level at which a person is considered operating a boat under the influence in New Jersey is .08%. A person who is convicted with a BAC between .08% and .10% will be fined $250 to $400 and lose his or her license for 3 months. A person boating with a BAC of .10% and above will be fined $300 to $500 and lose his or her license for 7 months to a year. For a second drunk boating conviction, the driver will lose his or her license for two years. At the third drunk boating offense, the driver will not be driving a boat for 10 years. Boating under the influence is considered the same, from a legal view point, as driving while intoxicated (DWI).
According to New Jersey state law bill number SB 1511 Chapter 80 Section 7 paragraph 2, when a boating accident occurs and death, injury, or property damage is involved, the police will consider the affect of intoxicants on the accident. In the article ‘State Police seize speed boat in deadly Ocean County crash’ by Mary Ann Spoto from The Star-Ledger, on Tuesday August 05, 2008, 5:09 AM the suspect’s lawyer was asked if his client was drinking and replied “to my knowledge, that’s not an issue in the case.” The above law shows the issue of drinking is always an issue where a death is concerned in connection with a motor vehicle over 12 feet.
Boating while under the influence is considered reckless driving. Deaths caused while driving recklessly fall under vehicular homicide laws, and the operator will be charged with a second degree crime based on the P.L. 2003, Chapter 143, approved August 5, 2003 Senate Bill No. 1644. Prison time is mandatory with a minimum sentence of 3 years. The convicted individual will not be eligible for parole during the minimum term. Driving while fatigued also falls under reckless driving. Fatigued is defined as having been up for over 24 hours. The operator may be charged with a second degree homicide, as the accident happened at 1 a.m., even if alcohol use can not be proven.
Furthermore, it is illegal to leave the scene of an accident. When an accident occurs, the operator of the vehicle is required to stop, exchange information and render reasonable aid. When an individual flees from a fatal accident it constitutes a 3rd degree crime in New Jersey, and is punishable by 3 to 5 years in a State prison (N.J.S.A. 2C:11-5.1). The law states that if injury, death or $250 in property damage occurs, the driver is presumed to know the accident took place. However, the presumption is rebuttable. A rebuttable presumption means it is up to the defendant to prove he did not know, and not the court to prove he did know. It does not matter whether or not the defendant knew the extent of the damage or injury (N.J.S.A. 39:4-129). If the driver admitted knowing that he hit something, his claim he did not know the extent of the damage does not figure into his culpability for leaving the scene of the accident.
Artifact found in Lake Michigan may Belong to France
Posted on July 30, 2008
Filed Under Local, News, US Laws & Codes | Leave a Comment
The Charlevoix Courier ran a July 8, 2008, article discribing the recovery of a “four-inch long piece of wood” from Lake Michigan by Mr. Steven Libert [read article here]. United States Marshals appropriated the “artifact,” giving the Federal Court System “constructive possession” of the shipwreck. The question of “jurisidiction over the unidentified wreck” has led to a confrontation between Mr. Libert, the State of Michigan, the United States Federal Government and France. This question of maritime law begins with the initial query – “Which Court has Authority?”
Mr. Steven Libert said,
“I guess the A.G’s [United States Attorney General's] office still refuses to believe that Federal Law supersedes State law on matters of admiralty claims.”
Article III, Section 2 of the United States Constitution gives jurisdiction to Federal Courts in questions relating to “all Cases of admiralty and maritime Jurisdiction;….” Mr. Libert had been in conflict with State of Michigan officials, who had hindered his efforts to investigate the wreckage site.
Mr. Libert suggests that his interest is primarily scientific; perhaps, he wishes the wreck would be designated a National Historic Landmark. Although, his “illegal” recovery seems audacious, it was the “action” required by courts to try the case. US Maritime Law requires “facts” and an “action” for court proceedings. Mr. Libert has “forced” the United States Federal Court to try him. If the United States Federal Court tries Mr. Libert, it tacitly accepts US Maritime jurisdiction over the case.
The Exxon-Valdez Continues to Haunt Alaskans
Posted on July 7, 2008
Filed Under Legal, News | Leave a Comment
For nearly twenty years, Alaskans have been fighting a class action suit against oil giant Exxon Mobil for damages related to the Mar 24, 1989 oil spill, now recognized as one of the largest environmental disasters in US History.
On June 25, 2008, the supreme court reduced a $2.5 billion punitive damages award to about $507 million – a fraction of the original $5 billion awarded in 1994.
The high court determined that punitive damages should roughly match actual damages from the environmental disaster, as the federal Clean Water Act does not allow for punitive damages for similar environmental incidents.
This ruling will likely set precedence for future lawsuits seeking large awards for punitive damages from major corporations that may been seen as “excessive”. Tom Donohue, the president and CEO of the U.S. Chamber of Commerce, was quoted ;
“This is good news for companies concerned about reining in excessive punitive damages…For years, the chamber has argued that punitive damages are too unpredictable and unfair, and today the court agreed.”
Read more on the Exxon Valdez spill here.
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