Proceedings Of The Marine

SUM 2016

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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12 Proceedings Summer 2016 2. To quote Marshall: "(a)ny attempt to violate the laws made to protect this right, is an injury to itself, which it may prevent, and it has a right to use the means necessary for its prevention. These means do not appear to be limited within any certain marked boundaries … ." Church v. Hubbart, 6 U.S. (2 Cranch) 187, 235 (1804). 3. United States v. One (1) 43 Foot Sailing Vessel, 538 F.2d 694 (5 Cir. 1976); United States v. Williams, 617 F.2d 1063 (5 Cir. 1980). 4. 16 U.S.C. § 1851, et.seq. 5. The origins of the Lighthouse Service actually predate the founding of the republic by more than 70 years. The first lighthouse constructed on U.S. soil was in 1716 on Little Brewster Island in Boston Harbor. George R. Putnam, Lighthouses and Light- ships, 5 (1917). Congress created the Lighthouse Service in 1789, but the Lighthouse Service was not transferred to the Coast Guard until 1939. Reorganization Plan No. II, § 2, 53 Stat. 1431 (June 7, 1939). 6. See, e.g., 14 U.S.C. §§ 81 & 85. 7. See, e.g., Rivers and Harbors Appropriations Act of 1899, ch. 425, §§ 9, 12 & 18, 30 Stat. 1121, 1151-53 (as amended) (33 U.S.C. §§ 401, 406 & 502). 8. See, e.g., Cinnamon Pinon Carlame, US and EU Laws and Policies Compared, 249 (2010); Ports and Waterways Safety Act, Pub. L. No. 92-340, § 101, 86 Stat. 424 (1972) (33 U.S.C. § 1221 et seq.). 9. See, e.g., 46 U.S.C. §§ 3311, 7101 & 7302. 10. U.S. Coast Guard, Posture Statement, 25 (2015). 11. Ronald O'Rourke, Cong. Research Serv., R34391, Coast Guard Polar Icebreaker Mod- ernization: Background and Issues for Congress (2015), weapons/RL34391.pdf. 12. Ronald O'Rourke, Cong. Research Serv., R41153, Changes in the Arctic: Background and Issues for Congress (2015), • A bit more recently, Congress required the Coast Guard to develop, implement, and enforce an intricate mari- time governance regime focusing on commercial and recreational vessel inspection as well as on licenses, cer- tificates, and merchant mariner documentation. 9 Ice Ops Utilizing a host of express statutory authorities, the Coast Guard undertakes national and international icebreaking operations. With respect to domestic icebreaking operations, the service renders aid or assistance to vessels and com- munities in emergency situations. The Coast Guard also conducts such operations in the Great Lakes, Northeast, and Mid-Atlantic regions to facilitate critical commercial activi- ties in the maritime domain. In 2014, for example, the service, in concert with the Cana- dian Coast Guard, sustained navigable waterways on the Great Lakes for commercial transits of more than 35 million tons of bulk cargo and over 20 million barrels of petroleum products. 10 Beyond domestic icebreaking operations, Congress has required the Coast Guard to ensure safe and secure Arctic shipping. To that end, the service operates the only U.S.- flagged heavy icebreaker capable of providing continuous access to the Arctic regions. 11 Such operations allow for year-round transit of goods and raw materials between the Arctic regions and the lower 48 states. Further, with large commercial fisheries stocks in the Arc- tic regions, coupled with warming temperatures that may allow for greater exploration of oil, gas, and minerals, the Coast Guard's Arctic icebreaking operations are likely to be even more critical to the health of the U.S. economy in the future. 12 About the author: Mr. Korey J. Barry has served as legislative counsel to the Coast Guard for more than two years. Prior to this position, Mr. Barry spent seven years in the private sector, where he focused on government affairs and public policy. Endnotes: 1. While Congress has opted in recent years to statutorily define the Coast Guard's mission set, the seeds of the organization's role in the modern era were planted during the founding days of our republic. Indeed, the U.S. Constitution specifi- cally gave Congress the power "to define and punish Piracies and Felonies com- mitted on the high Seas, and offenses against the Law of Nations" as well as to "regulate Commerce." U.S. Constitution, art. I, § 8. For more information: As this snapshot makes clear, the Coast Guard's legal authorities extend out in a vast array of directions and are constantly undergoing change to reflect the service's ever-changing operational realities. As such, the author recommends that readers utilize two electronic resources that are consistently updated to reflect changes in law: 1. The Office of the Law Revision Counsel, U.S. House of Representatives maintains a comprehensive list of titles contained in the United States Code. It can be found at 2. The U.S. Government Publishing Office maintains the electronic Code of Federal Regulations (e-CFR). It can be found at

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