Marine Log - December 2007 - (Page 52)

Opinion *BY CLAY MAITLAND December 2007 Vol. 112 No. 12 n recent years, observers have questioned whether MARPOL 73/78 is destined to become a legal relic, irrelevant to the culture of modern environmentalism. After the sinking of the Prestige, certain European coastal states took unilateral action, patrolling the high seas for suspect single-hull tankers. Regulations governing the choice of hull type of internationally trading oil tankers went into effect. In response to pressure from the European Union after the sinking of the Erika in December 1999, a growing number of strict requirements and permissible relaxations, exemptions and waivers were put into effect at IMO, in a manner supposedly consistent with European Community regulation No. 1726, which, from October 2003, applied not only to EU-flag ships wherever they trade, but also foreign-flag ships trading in European Union ports. The California Air Resources Board has proposed requirements for 0.5% sulfur fuels to be used in auxiliary engines up to 24 nautical miles off the California coast. The U.S. Environmental Protection Agency objective has followed the air *This article is excerpted from a speech by Mr. Maitland at Marine Log’s Global Greenship Conference 2007. He is the Managing Partner, International Registries, Inc., which is the maritime and corporate administrator for the Marshall Island Registry, which is the fourth largest open registry in the world. IS MARPOL DEAD? I emission stanmetaphor. If we dards of MARPOL look at the record, Annex VI. The including the federal district introduction into judge in California MARPOL of upheld a motion mandatory double that although the hulls for oil U.S. Clean Air Act tankers, after the (CAA) allows CaliUnited States fornia to regulate adopted OPA 90, emissions from the current debate mobile sources, over ballast water making the states management; the and the federal adoption of a congovernment partvention on hazners in the strugardous and noxgle against air polious substances, lution, regulations elimination of setting standards toxic coatings—to must be approved name just a few by the federal contentious issues, agency. one can see that Clay Maitland, Managing Partner of the Senator Boxer International Registries, Inc. vessel-source poland Rep. Hilda lution treaty-makSolis, both of Caliing has in recent fornia, have introduced legislation enti- years been profoundly influenced by the tled, in the Senate version (S1499), the domestic legislation of the United States Marine Vessel Emissions Act of 2007, and other countries. that would embody the position of CaliMost recently, these external influfornia and of various environmental ences have included the European groups such as Earthjustice and The Union. The EU ship-source pollution Friends of the Earth. directive went into effect in March this It is interesting to note that here we year, applying to all ships calling at are in 2007 and Congress is confronting European ports, regardless of flag. It the issues of MARPOL Annex VI, and includes criminal liability provisions for ratification, perhaps, of the Law of the foreign-flag ships within the exclusive Sea Convention. continued on p. 51 Hence my use of MARPOL as a MARINELOG ISSN 08970491 A Simmons-Boardman Publication 345 Hudson Street, New York, N.Y. 10014 Tel: (212) 620-7200 Fax: (212) 633-1165 Website: http://www.marinelog.com Advertising Sales UNITED STATES New York Sales Office 345 Hudson St., 12th floor New York, NY 10014 Roland Espinosa Sales Manager Tel (212) 620-7225 Fax (212) 633-1165 E-mail: respinosa@sbpub.com U.S. GULF COAST Jeff Sutley Tel (212) 620-7233 Fax (212) 633-1165 E-mail: jsutley@sbpub.com WORLDWIDE Europe & Australia Representative Donna Edwards, International Sales Manager e-mail: dedwards@sbpub.com Marine Log (UK) Hillreed House, 54 Queen Street, Horsham, West Sussex RH13 5AD UK Tel: +44 1403 275935 Fax: +44 1403 260633 Korea Young-Seoh Chinn JES Media International 2nd Fl. ANA Bldg. 257-1, Myungil Dong, Kangdong-Gu Seoul 134-070, Korea Tel: +822-481-3411 Fax: +822-481-3414 e-mail: jesmedia@unitel.co.kr CLASSIFIED SALES Diane Okon Classified Advertising Sales 20 South Clark St., Suite 2450 Chicago, IL 60603 Tel: (312) 683-5022 Fax: (312) 683-0131 E-mail: dokon@sbpub-chicago.com USPS 576-910 52 MARINE LOG DECEMBER 2007 www.marinelog.com http://www.marinelog.com http://www.marinelog.com http://www.marinelog.com

Table of Contents Feed for the Digital Edition of Marine Log - December 2007

Marine Log - December 2007 Contents Editorial Second Thoughts Update Inside Washington Warning: Shipbuilding Over-Supply by 2011 Steely Resolve: Cutting Injuries What’s on Your Mind? Newsmakers Tech News Contracts Events InfoDirect Website Directory ML Marketplace Last Word

Marine Log - December 2007

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