Wcs Dec 2009
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Organized 1885 Official Organ of the Sailors' Union of the Pacific Volume LXXII No. 12 SAN FRANCISCO, CALIFORNIA Friday, December 18, 2009 Flag-of-convenience operators shirking duty Matson vindicated in in fight against piracy Jones Act litigation he International Trans- brought us to the point where port Workers Federa- one of the worlds great trad- UP-contracted Matson major component of the hull or obtained both a preliminary and T ing routes is now almost too Navigation Company this superstructure not built in the a final rebuild determination tion (ITF) on Novem- dangerous to pass through. S United States is added to the ber 23, threw down the gaunt- month won a decisive from the Coast Guard to the ef- let to those flag states and ship- Our statement reflects the victory in federal court which vessel or if work performed on fect that the work to be done to owners who have not taken ac- frustration of all those who saved the roll-on/roll-off, lift- tion to fight Somali piracy to act work at sea at the dire situa- on/lift-off vessel Mokihana from now, before the threat makes it tion weve reached. One where being banned from the domes- virtually impossible for seafar- pirates act virtually unmo- tic (Jones Act) trades. lested and, even if intercepted, ers to pass through the ever-wid- A lawsuit initiated in 2006 by with virtual impunity from ening danger area. arrest. It calls into question the the Shipbuilders Council of The Federation stated that: very legality of continuing to America and Pasha Hawaii save in exceptional circum- send ships through much of Transport Lines against the De- stances, ships should not transit the Indian Ocean. It is there- partment of Homeland Security, the (affected) area. The risk of fore imperative that not only the Coast Guard, the National attack is now so great that put- must protective escorts be used Vessel Documentation Center ting seafarers in harms way but that flag states immedi- and Matson alleged that the amounts to a breach of the Jones Act was violated when the ately decide on the protective Photo: Courtesy of Matson shipowners duty of care. It measures that they must rec- Mokihana was partially retrofit- went on to describe a motion ommend for the ships that are ted to add roll-on/roll-off capac- The m/v Mokihana rounds Diamond Head enroute to Sand Island. adopted by its Fair Practices flying their flag and that those ity in a Chinese shipyard and at Committee as a statement of in- ships operators comply with Atlantic Marines shipyard in its hull or superstructure consti- tent that flag states and shipown- them. We, and many others, Mobile, Alabama. In essence, the Mokihana would not result tutes more than 10% of the ers have to assess the risks and also want to see the end of the charge was that the vessel in the vessel being considered act definitively to combat them, whats virtually an open secret was rebuilt in China in viola- vessels steelweight. Steel rebuilt. or risk finding themselves out- in shippingthat many of the tion of the law. work in excess of 7.5% but less The major component issue than 10% of the vessels side the law. worlds largest ship registers The Shipbuilders Council and was decided against the Coast steelweight can also be disquali- ITF Maritime Coordinator have provided not one vessel Pasha advanced a number of ar- Guard in a related case involv- fying unless the Coast Guard in Steve Cotton explained: There to patrol an ocean that can guments claiming that the Coast ing two tankers owned by its discretion approves the are countries actively fighting only be made safe by an in- Guard acted arbitrarily and con- Seabult Energy Transport which amount. The regulations also piracy and there are owners crease in the number of war- trary to law in issuing those de- had been double hulled in training and supporting their ships needed to aggressively terminations. Among other provide a process for shipown- China. However, the district crews to resist it. Then there patrol and police it. I am not things, they argued that the ers to obtain a preliminary re- courts decision in the Seabulk are others who are shirking re- aware of a single flag of con- claimed addition of a deck in build determination in advance case was reversed by the U.S. sponsibility and as good as ac- venience country that is act- China as the addition of a ma- of the shipyard work being done Court of Appeals for the Fourth cepting its steadily growing ing in this way to protect the jor component, that the Coast in order to obtain some assur- Circuit in favor of the Coast menace, which has now ships that are supposedly their Guard incorrectly excluded cer- ance that the work wont be dis- continued on page 8 responsibility. tain outfitting items from the qualifying. Matson sought and The ITF statement on piracy steel calculation (such as auto was adopted by the Fair Prac- platforms) and should have Congress fully funds the tices Committee (a joint decision counted both removed and added making committee of seafarers steel in that calculation. Initially, Maritime Security Program and dockers Unions which, Shipbuilders/Pasha also argued among other duties, considers that the work done in Alabama With a Senate vote on December 13, Congress has now ap- war risks) is as follows: should have been cumulated with proved omnibus appropriations legislation for Fiscal Year 2010 Statement on Piracy the work done in China in deter- that includes full funding of $174 million for the Maritime Secu- mining whether a foreign re- rity Program (MSP). The appropriations for MSP are contained in The ITF Seafarers Section build had occurred. the $447 billion government spending bill that includes Fiscal Year having assessed the growing 2010 funding for the Department of Transportation and a number problem of piracy in the Gulf of The Coast Guard determines of other federal departments and agencies. Aden, off the coast of Somalia whether foreign shipyard work and now in the wider Indian is disqualifying pursuant to a The total appropriation of $174 million is the amount necessary Ocean has determined that save regulation issued in 1996 that to provide full funding for the 60 militarily useful U.S.-flag vessels in exceptional circumstances provides that a vessel is consid- participating it he MSP through September 30, 2010. The omnibus continued on page 12 ered rebuilt foreign when a funding measure is awaiting the Presidents signature. Periodicals postage paid at San Francisco, CA (USPS 675-180) Happy Holidays to all Hands from the Sailors' Union of the Pacific ESU News: Pages 6 & 7 Page 2 WEST COAST SAILORS Friday, December 18, 2009 Update on counter piracy legislation Legislation sponsored by Congressman dards [for] the training and professional The Seafaring Greeks Elijah Cummings (D-Maryland), Chair- qualifications of armed security teams. man of the Subcommittee on Coast Guard The second provision added to the de- and Maritime Transportation of the fense authorizations legislation by the House Transportation and Infrastructure conferees pertains specifically to vessels Committee, added to its FY10 Depart- enrolled in the Maritime Security Pro- ment of Defense authorizations legisla- gram (MSP). The new legislation re- tion has gained strong support from the quires that all 60 vessels participating in maritime industry. the Maritime Security Program must be Chairman Cummings proposal would equipped with, at a minimum, appropri- require the Department of Defense to pro- ate non-lethal defense measures to pro- vide armed security teams for U.S.-flag tect against piracy, as determined by the vessels deemed to beat high risk to at- Secretary of Defense and the Coast tack from pirates while the vessels are Guard. The FY 10 Department of De- operating in such high-risk waters. The fense authorizations legislation, contain- Department of Defense -more specifi- ing these two anti-piracy provisions, was cally, the Department of the Navy- signed into law by President Obama on strongly opposed this provision and suc- October 28. cessfully convinced the House and Sen- In addition to the above-two provisions, ate conferees to the defense authoriza- the House of Representatives also ap- Pictured aboard Matsons Mokihana earlier this year enjoying the weekly barbe- tions legislation to reject it. It has been proved a proposal put forth by Congress- cue are, from left, First Assistant Engineer George Thanash and his proud father, removed from the bill. man Frank LoBiondo (R-New Jersey) as SUP member Art Thanash. part of the FY10 Coast Guard authoriza- In its place, the conferees to the de- George graduated from California Maritime Academy in 1994, joined the Marine tions legislation that was adopted on Oc- fense bill added two other provisions. Engineers Beneficial Association and worked his way up to Chief Engineer serving tober 23, 2009. This proposal is intended The first requires that a report be sub- in that capacity for three year aboard Matsons ITB Moku Pahu before being pro- to protect American mariners from liabil- mitted to the Congress by the Secretary moted to the Mokihana. of State and the Secretary of Defense in- ity as a result of actions taken in response After serving in the Navy, Art joined the SUP in 1954 and has shipped steady forming Congress of the steps that both to piracy. In other words, Congressman ever since, both in the deck and engine departments. Departments have taken to eliminate or LoBiondos provision works to make sure reduce restrictions on the use of arms those mariners are not subject to after- and the carriage of armed security teams the-fact legal liability for actions taken to aboard U.S.-flag commercial vessels for protect themselves, their shipmates and Bill to study the feasibility of an the purpose of self-defense; to negotiate their vessel from acts of piracy.