Maritime Law--Reported Port of Miami Improvements Coming Our Way

November 25, 2013

There are some recent reports that keep those of us dependent on the Port of Miami's ("POM") success happy. The first report comes courtesy of the Maritime Executive, which confirms that POM has been working hard to bring back transshipment to Miami, in concert with the U.S. Customs and Border Protection ("CBP"). The second report comes from the U.S. Department of Transportation’s Maritime Administration  ("MARAD"), which today released a study on shipping patterns, which identifies POM as a "major U.S. port" targeted for modernization and with that, federal dollars to be allocated for infrastructure projects.

First Report

Prior to 9-11, transshipment made up over 22% of the cargo trade at Port Miami. However due to CBP’s increased inspections of transshipment goods in our post 9-11 world, those transshipment cargoes are going through Panama, Freeport, and Kingston. resulting in cargo delays and added expenses.  A specific example of the resulting cargo delays and added expense in these inspections is CBP’s intensive examination of goods checking for intellectual property rights violations, and seizing goods that are non-compliant, when alternative ports are not as proactive.  CBP confirmed that after 9-11, almost all transshipment cargo was inspected, now, CBP is down to under 5%.

POM Director Bill Johnson asked the CBP to develop a pilot program, “with a transshipment inspection protocol pilot for Port Miami.” CBP leaders are reportedly active on this new transshipment committee. CBP has assigned a “Customer Service Manager” Robert Martin, Chief of ATCET will take on this role. Terminal operators will have direct contact with Chief Martin to discuss delays and help facilitate the flow of legitimate cargo.

The terminals will provide CBP a list of all in transit merchandise, in advance, and CBP promised to coordinate the expediting review of in transit merchandise (as CBP does for perishable goods).  CBP will also coordinate physical exam efforts to assure goods are examined and released expeditiously so the goods can make their next sailing.

Second Report

MARAD today released a study on shipping patterns and industry costs that will help the United States prepare for the anticipated impact on its ports, waterways and intermodal freight systems from the Panama Canal expansion. The expansion of the Panama Canal, scheduled for completion in 2015, will give much larger vessels greater access to the U.S. ports on the East and Gulf coasts.

The study, which can be found here The Panama Canal Expansion Study, is the first of a two-part study which found that the integration of Post-Panamax vessels into U.S. trade lanes will have substantial implications for the nation’s shippers, ports and surface freight corridors, particularly along the East Coast, Gulf Coast and inland states located east of the Mississippi River. In addition, more cost-effective service generated by the larger vessels could improve the ability of some U.S. exports, like grain, coal, petroleum products and liquefied natural gas, to compete in global markets. In addition, the report noted that shifts in shipping patterns impacting the national transportation system will occur slowly and over time.

The MARAD press release itemized some of the anticipated infrastructure development needs and confirmed that the U.S. has expedited seven infrastructure projects to help modernize and expand five major U.S. ports, including the Port of Jacksonville, the Port of Miami, the Port of Savannah, the Port of New York and New Jersey and the Port of Charleston. The Panama Canal Expansion Study can be found at the following link: 

http://www.marad.dot.gov/library_landing_page/maritime_publications/Library_Publications.htm.

If you are interested in receiving either the Maritime Executive report or the MARAD press release, please do not hesitate to contact me at mov@chaloslaw.com.

I Am the Captain of My Soul

November 20, 2013

I have been taking the time to re-acquaint myself with poetry that inspired me as a much younger adult. Upon re-acquainting myself with these poems, I thought readers to this blog might be interested in them as many of them have a salty flavor. I hope you enjoy them as much as I do and will inspire you.

The first that comes to mind is "Invictus" by William Ernest Henley, which you will find in full below:

Out of the night that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds, and shall find, me unafraid.

It matters not how strait the gate,
How charged with punishments the scroll.
I am the master of my fate:
I am the captain of my soul. 

William Ernest Henley

Maritime Law-M/T PRESTIGE Captain Innocent of Environmental Crime

November 20, 2013

As reported late last week in various news sources including the Maritime Executive, a Spanish court found the crew of the M/T PRESTIGE and the Spanish Merchant Navy not guilty of criminal responsibility of the sinking of the oil tanker on November 13, 2002. It was Spain's worst ever environmental disaster. The PRESTIGE sank off Spain’s northwestern coast and polluted thousands of miles of coastline and beaches in Spain, France and Portugal - prompting Spain to close its fishing grounds for about six months. The tanker was transporting about 77,000 metric tons of heavy fuel oil on board. 

Picture taken from www.crcco.com 

Picture taken from www.crcco.com 

Initially, the ship’s master Apostolos Mangouras requested a place of refuge for the tanker, which had a crack in its hull. But Spanish, French and Portuguese authorities denied the ship sanctuary. The Spanish authorities instructed the captain to take his ship further out to sea. After a storm damaged one of its fuel tanks, the ship drifted for days. The integrity of the ship's single-hull quickly deteriorated, and a severe storm eventually broke the starboard hull off the ship and subsequently spilled her entire cargo off Spain’s coast. Mangouras was taken into custody for "not cooperating" with salvage crews and causing environmental damage.

After an 11-year judicial investigation, the Galician region's high court said in a verdict and sentence that the disaster was partly due to the 26-year-old tanker's poor state of repair. Three judges of the Galician Spanish High Court concluded it was impossible to establish criminal responsibility and Captain Mangouras, Chief Engineer Nikolaos Argyropoulos and the former head of Spain's Merchant Navy, Jose Luis Lopez, were found not guilty of crimes against the environment. Lopez was the only government official charged in the case. Mangouras, 78, was found guilty of a lesser charge of disobedience and given a nine month suspended sentence.

The judges noted the leak was caused by deficient maintenance which the court found the crew did not know about. The captain was accused of disobeying government authorities who wanted the 26-year-old tanker as far from the coast as possible. The court found that decision to be a correct one.

Spain also attempted to sue the classification society ABS for the condition of the ship, but failed to win that attempt. The Second Circuit Court of Appeals held that Spain did not provide sufficient evidence to take the case back to trial and clearing ABS of all charges. That court stated: "We conclude that we need not resolve the question whether a classification society may be held liable in tort to a third party such as Spain for reckless conduct in connection with the classification of vessels. Rather, we assume arguendo for purposes of this appeal that Defendants did owe the claimed duty to Spain. In our view, Spain has nonetheless failed to adduce sufficient evidence to create a genuine dispute of material fact as to whether Defendants recklessly breached that duty such that their actions constituted a proximate cause of the wreck of the Prestige."

If you are interested in contacting me, you may do so by writing to me atmov@chaloslaw.com.

Maritime Law-Carnival Corp "Shakes it Up"

November 06, 2013

Carnival Corp. is shaking up its management team in an effort to rebuild its business after a deadly accident and several other mishaps drove passengers away. Effective December 1, 2013, Howard Frank will be stepping down from his current roles as vice chairman and chief operating officer at Carnival Corp. to take on the role of special advisor to the CEO and chairman, while continuing to represent the industry in his leadership role as chairman of CLIA. Alan Buckelew, president and CEO of Princess Cruises, will take over as chief operations officer of Carnival Corp. & PLC on December 1st.

This follows Carnival's decision in June to name a new CEO. Board member Arnold Donald took over as head of the company, replacing Micky Arison, who had been CEO since 1979 and is the son of one of the company's co-founders.

Today, Carnival's 10 brands annually welcome over 10 million guests on more than 100 ships supported by over 90,000 employees generating more than $15 billion in revenue with a market capitalization of $27 billion.

On Monday, Carnival also named a new CEO for its Holland America unit and a new president of Princess Cruises. Stein Kruse, president and CEO of Holland America Line, will become CEO of Holland America Group. Jan Swartz, the company's executive vice president of sales, marketing and customer service, was promoted to president of Princess Cruises. The newly created Holland America Group operates 41 cruise ships with over 36,000 employees worldwide who annually deliver 25 million passenger cruise days. 

It is reported in both the Maritime Executive and the Daily Business Review that the Miami-based company is making the leadership moves after struggling with weaker revenue since the February breakdown of the Carnival Triumph, which stranded passengers for five days in the Gulf of Mexico. That was followed by two other instances of ships having to be towed back to port. Dozens of future sailings were canceled as the company repaired those vessels.

Carnival also ultimately owned the Costa Concordia, a cruise ship that hit the shore of an Italian island in 2012, capsizing and killing 32 people.

If you are interested in contacting me, you may do so by emailing me atmov@chaloslaw.com.