Tag: seafarers

Note from the Editor

The seafarers of today’s global fleet are the lifeblood of our industry, working tirelessly to keep ships operating safely from port to port. “Perseverance” may not be the first word that comes to mind when asked to describe a mariner. Yet, it may be the most accurate when taking into account the time most mariners spend at sea, working away from family and friends for months on end, through heavy storms and rough seas. Working at sea is a grind. And there are no vacation days to recalibrate or take a deep breath. 

It is my belief that it is up to us: the onshore maritime community that benefits from those who go to sea, to support our seafarers whenever we can. One way to help is to donate your time or money to an association that directly helps mariners. This year, the Seamen’s Church Institute (“SCI”) will hosted its Mountain Challenge from September 25 to 28 at Sunday River Resort in Maine. More than 50 teams of three maritime industry professionals will compete in challenges that involve hiking more than 30 miles of rugged terrain, mastering obstacles, and canoeing the Androscoggin River. Perseverance is a must to complete the course. 

The goal is not to win, but to raise funds to benefit SCI and its noble mission of compassionately serving mariners and seafarers. If you wish to support an SCI Mountain Challenge team, more details and information on how to donate are available here: scimountainchallenge.org.

– William R. Bennett III

Mainbrace Editors

William R. Bennett III, Co-Editor
Emma C. Jones,
Co-Editor
Holli B. Packer, Associate Editor

MARPOL SOS—It’s Time for the U.S. Coast Guard to Protect Seafarers

Kierstan L. Carlson, Jeanne M. Grasso, and Gregory F. Linsin ●


The Act to Prevent Pollution from Ships (“APPS”) is the U.S. law that implements the International Convention for the Prevention of Pollution from Ships (“MARPOL”). Since a policy shift in 2010, the U.S. Coast Guard’s (“USCG”) approach to enforcing APPS has trapped hundreds of foreign seafarers in a legal limbo in the United States that has deprived them of their liberty, commonly for a year or more; impaired their maritime careers; and exacted serious emotional and psychological tolls on the seafarers and their families. The USCG should urgently remedy this situation by limiting in “Agreements on Security” how long seafarers can be detained in the United States in connection with MARPOL investigations.

Legal Framework

APPS defines the conduct that would constitute a violation of the law by most commercial vessels and provides for criminal and civil penalties. It also includes several key provisions to facilitate investigations of potential violations, including in rem liability, as well as a provision that allows the USCG to request U.S. Customs and Border Protection (“CBP”) to withhold customs clearance for a vessel if reasonable cause exists to believe that the vessel, its owner, or the operator violated APPS. The USCG determines whether such reasonable cause exists, and, if so, whether to refer the matter to the U.S. Department of Justice (“DOJ”) for possible criminal enforcement.

The USCG also has authority under APPS to require the “filing of a bond or other surety satisfactory” before the vessel can continue trading. If these requirements are met, the USCG will request that CBP grant the vessel clearance to depart.

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