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18 • September 12 - 25, 2014 • The Log License #0E32738 R


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ace seguros News Briefs From page 6

entrance and parking area, upgrading the bathroom and adding a rinse station to flush out bilges. The funding is part of $6 million in the

current state budget intended to support land and water access to more than 380,000 acres of existing state-owned and conservation-easement lands.

Make-A-Wish hero saves the weekend

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NORTH CAROLINA — The Coast Guard Jayhawk helicopter banked hard, flying around the last reported location of the distressed swimmer. The eyes of the heli- copter crew were glued to the water, searching for any sign of splashing or movement. The crew’s newest member, Isaac Simmons started pointing and yelling over the headset. “I see him! I see him,” shouted Simmons as he spotted the distressed swimmer. “That’s not what we say, what do we

say Isaac?” asked Petty Officer 2nd Class Roderick Ansley, the crew’s rescue swim- mer. “Oh yeah, mark, mark, mark,” exclaimed

Attorney From page 6

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Coastwise endorsements to vessels that are returned to U.S. documenta- tion after being foreign registered, so long as the vessel measures less than 200 gross tons. The NVDC has taken the position that a 1996 amendment to a Federal statute [46 USC sec. 883] cre- ated an ambiguity that was intended to allow for a Coastwise endorsement to be issued under these circumstances, and they apply the law accordingly. Another avenue available to our

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reader that is a little less ambiguous involves an application for a MARAD Waiver. “MARAD” is the United States Maritime Administration, and it is the agency that administers U.S. shipping laws. MARAD administers a “Small Vessel Waiver” program that allows operators of foreign built vessels to apply for a Coastwise endorsement if certain guidelines are met. This avenue is also available to a vessel operator such as our reader, who owns a vessel that was U.S. – built but was foreign registered for some period of time. Information regarding a waiver of the U.S. construction or registration requirement is available on the inter- net web site of the United States Maritime Administration (follow the links to the Small Vessel Waiver Program). Many charter boat operators ignore the US construction requirements, particularly where the operation car- ries six or fewer passengers (commonly referred to as a “six pack” charter). The Coast Guard simply does not have the resources to enforce many of the regu- lations that apply to small charter boats, so the owners of the boats may


Ansley was cutting Simmons a little slack as Isaac Simmons is only 7-years-old. Coast Guard Base Elizabeth City part-

nered with the Make-A-Wish Foundation to welcome the newest Coast Guard res- cue member, Isaac Simmons of Archdale, North Carolina. Isaac lives with a rare heart condition called Hypo-Plastic Right Heart, but that didn’t slow him down as he lived out his dream of being part of a Coast Guard rescue helicopter crew. “Isaac has been telling us for several

years that he wants to be a rescue pilot. It’s been amazing,” said Elizabeth Simmons, Isaac’s mother. “We thought [the Coast Guard] was just going to show him around, we didn’t know he would be get- ting into a plane!” Isaac’s adventure began at the air sta- tion when he met with Coast Guard heli- copter pilots and crew in preparation for his flight. The rescue swimmers presented Isaac with a personalized, miniature flight suit and the safety gear he needed. The flight with Isaac was planned as a

routine patrol down North Carolina’s Outer Banks His flight took him over wav- ing Coast Guard Facebook and Twitter fans who followed Isaac’s adventure throughout the day. During the flight, a

See NEWS BRIEFS page 19

never have a problem. However, in the event of a casualty such as a collision or an injured passenger they may find themselves in a bad situation. An ille- gal charter may result in thousands of dollars in fines, and a possible denial of insurance coverage. Consult a qual- ified maritime attorney if you have any doubts at all.

David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situa- tions are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular sit- uation. Therefore, the information pro- vided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opin- ion of an attorney in their home state.

David Weil is the managing attorney at Weil & Associates ( in Long Beach. He is an adjunct profes- sor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is former legal coun- sel to the California Yacht Brokers Association. He is also one of a small group of attorneys to be certified as an Admiralty and Maritime Law Specialist by the State Bar of California. If you have a maritime law question for Weil, he can be contacted at (562) 438-8149 or at

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