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Limited Authority News

10 Jul 2019

FMC Issues Notice to Passengers on Cuba Itineraries

The Federal Maritime Commission (FMC) is aware that passenger cruise lines that called Cuba have amended itineraries to comply with amendments made to the Cuban Assets Control Regulations announced in the Federal Register on June 5, 2019.Passengers with questions related to a voyage they have booked should contact their travel agent and/or cruise line directly.Cruise passengers should always carefully read their ticket contract, which states the cruise line’s obligations with respect to canceled voyages.

19 Feb 2018

Maritime & Strict Liability Criminal Statutes

There are a number of federal and state statutes that intentionally and justifiably impose strict criminal liability. Persons who manufacture hazardous explosives and those who keep dangerous animals create serious risks to public safety. Clearly placing the burden of potential criminal liability, even in the absence of criminal negligence or intent, on those persons and entities is appropriate. There are other statutes, though, that fail to disclose whether the authors intended for the criminal penalties included for noncompliance to be strictly applied or whether criminal liability requires proof of criminal negligence or specific intent. Two such statutes of interest to the maritime community are the Refuse Act of 1899 and the Migratory Bird Treaty Act (MBTA).

17 May 2013

Rebuilding the Presumption of Preemption

Dennis L. Bryant, Maritime Regulatroy Consulting, Gainsville, FL

I propose that the Legislative, Executive, Judicial Branches of the federal government should cooperatively work toward the rebuilding of the presumption in favor of federal preemption with respect to all matters related to maritime commerce. I also propose that maritime stakeholders undertake measures to make this a reality. The Constitution already allows for such preemption – and it has been implemented with regard to various issues over time, particularly in the early days of the Republic.

24 Apr 2012

"The Future of Our Oceans"

Dr. Stephen M. Coan (Courtesy of the Sea Research Foundation)

On April 23, 2012, Dr. Stephen M. Coan delivered remarks entitled “The Future of Our Ocean”, part of the Open VISIONS Forum Lecture Series and presented at the Regina A. Quick Center for the Arts, Fairfield University, Fairfield, Conn. Following is the text of his speech. Water sustains life on Earth, and the health of our oceans, lakes, rivers, streams and marshlands, which cover 70% of the planet’s surface, is critically important to global economic and human health. Imagine this vast environment and what it could mean for us if we were able to better harvest food…

21 Oct 2002

Puget Sound Has New Tank Ship Security Zone

The Coast Guard is establishing a temporary moving security zone of 500 yards surrounding tank ships while within the waters of Puget Sound and adjacent waters, WA. All vessels within 500 yards of a tank ship shall operate at the minimum speed necessary to maintain a safe course, and shall proceed as directed by the Official Patrol or tank ship master. The Official Patrol will consist of a Coast Guard patrol, or a General Authority Washington Peace Officer, Limited Authority Washington Peace Officer, Specially Commissioned Washington Peace Officer, or the tank ship master. This order is issued under the authority of the Ports and Waterways Safety Act, Title 33, U. S. Code 1221 et. Seq., and the regulations issued thereunder, Title 33, Code of Federal Regulations Part 165.