2010 Seafarer Regional Conference

Houston, Texas

March 9&10, 2010

In 2009, the International Maritime Organization's Secretary-General Efthimios Mitropoulos declared 2010, The Year of the Seafarer. He calls on the international community to recognize the important role that mariners play in all our lives. Specifically he listed as some of the objectives of the Year of the Seafarer:

1. To provide the maritime community with an opportunity to pay tribute to seafarers for their unique contribution to society and in recognition of the vital part they play in the facilitation of global trade;

2. To reassure those working at the "sharp end" of the industry that those responsible for the international regulatory regime and those who serve shipping from ashore understand the extreme pressures that seafarers face and, as a result, approach their own work with a genuine sympathy for the work that seafarers carry out; and

3. To convey to the 1.5 million seafarers of the world a clear message that the entire shipping community understands and cares for them - as shown by the efforts to ensure that seafarers are fairly treated when ships become involved in accidents; are looked after when abandoned in ports; are not refused shore leave for security purposes; are protected when their work takes them into piracy-infested areas; and also to ensure that they are not left alone when in distress at sea.

In response to the call of the IMO Secretary-General, members of shipping, maritime labor, seafarer welfare and ship agency communities in the Gulf Coast Region gathered in Houston on March 9 & 10, 2010. Seafarers 2010 was an opportunity to reflect on the importance of merchant sailors, recognize their importance in commerce, and speak out against policies and procedures fail to respect mariners' dignity, and in some cases, have criminalized situations that are considered civil issues in other arenas.

The conference addressed four issues:

1.       Ship/Shore Access

2.       29-Day Rule

3.       Criminalization of Unintended Pollution

4.       Seafarers Manslaughter Act

In the spirit of the Year of the Seafarer, the organizers of Seafarers 2010 offer the following four documents for reflection and action. We hope that our regional conference, and its products will be a catalyst for a national discussion, as well as the beginning of coordinated efforts to target and change policies, regulations and laws that fail to honor our merchant mariners.

These issues affect all seafarers. Some are affected more than others, but in the spirit of solidarity, we raise our voices with and for those who, because of their work and their status, can least protest.

The Organizers

Seafarer 2010

Criminalization of Seafarers By Governments

In Light of Unintentional Pollution Incidents

WHEREAS merchant sailors transport needed commodities and goods to peoples around the world in very hostile and dangerous environments;

WHEREAS merchant sailors must be responsible stewards of the oceans and the environment.

WHEREAS in the course of performing their duties, accidents may occur that cause environmental pollution;

WHEREAS disturbing reports from Spain (M/V Prestige), Korea (M/V Hebei Spirit), the United States (M/V Cosco Buson) and Norway (M/V Full City) show a strong tendency to prosecute mariners under criminal pollutions legislation;

WHEREAS experienced merchant sailors are reevaluating their continued work in certain areas of the marine industry, and moving toward retirement to avoid potential criminal prosecution;

WHEREAS Efthimios Mitropoulos, Secretary-General of the International Maritime Organization, predicts a world-wide shortage of 40,000 mariners in 2011, and 53,000 mariners by 2013.*

WHEREAS the world maritime industry struggles to recruit and retain experienced merchant mariners, the criminal prosecution of unintended pollution acts will only exacerbate these shortages;

WHEREAS shipping companies, maritime labor unions, seafarer welfare agencies, and mariners interpret the recent prosecution of mariners as a stereotyping that assumes mariners are dangerous criminals, of whom authorities must take exceptional action, exercise special caution, and target special practices;

BE IT RESOLVED THAT after competent investigation, criminal prosecution of the merchant mariner be limited to pollution that is proximately caused by an intentional act or omission on the part of the merchant mariners.

AND THAT government agencies (local, state or federal) recognize the need for greater understanding of the uniqueness of the maritime industry.

AND THAT governmental efforts focus on determining the cause of the accident, the development of procedures that could prevent future accidents, and the improving of response methods and response time.

AND THAT a case of negligence to duty shall not be prosecuted in a criminal manner;

AND THAT as an alternative to pursuing individual merchant mariners, government agencies (local, state or federal) may pursue civil penalties against the responsible vessel owners, business entities, and individuals.

AND THAT when there is criminal intent, the full power of the law should be applied.

*Bahamas Maritime Authority Secretary General Call for Seafarers, by Genea Noel. The Freeport News, Freeport, Bahamas, February 12, 2010.

The 29 Day Rule Resolution

Seafarers Conference 2010

Port of Houston, Texas

Whereas international commerce is the foundation upon which the welfare of this country rests;

Whereas the crews manning vessels making foreign commerce possible for thousands of years are proud, hard-working, and honest ordinary citizens of their respective countries who take pride in their chosen profession;

Whereas international commerce would be non-existent without ocean transport and the crews to man the vessels;

Whereas 95% of foreign commerce is carried by sea;

Whereas U.S. Coast Guard Commandant Thad Allen in ALCOAST 108/08 expressed his expectations and clearly stated that, "licensed and documented mariners are professionals who share our interests in a safe, secure and environmentally compliant industry";

Whereas it is widely reported that crewmen arriving in the United States are being subjected to extra scrutiny and lengthy inspection procedures when presenting their D-1 visa at airports;

Whereas it is imperative that all countries contribute to the safe transportation of the world's commerce;

Whereas it is imperative that crews manning vessel carrying foreign commerce are trained and experienced;

Whereas it is recognized that fatigue is a major contributing factor to maritime accidents;

Whereas it is recognized that shore leave is the best remedy against fatigue and stress and maintains the morale onboard the vessel;

Whereas crewmen are professionals who should be recognized as such as any other foreign business person visiting the United States;

Whereas the 29 day rule has not been uniformly enforced to alien crewmen;

Whereas the 29-day rule has been in effect since 1953, permissions have as a usual practice been granted to allow crewmen to go ashore while their ship was in a U.S. port;

Whereas Customs and Border Protection has recently begun to enforce the rule inconsistently;

Whereas 8 C.F.R. 253 provides for parole of alien crewmen, 8 C.F.R. 253.1 (g) specifically provides that the CBP District Director may grant a parole to crewmen for emergent reasons or for reasons deemed strictly in the public interest;

Whereas crewmen who have unintentionally remained in the United States because their vessel's departure was delayed have had their visas revoked, contrary to the authority of  8 C.F.R. 253(g), causing an unnecessary hardship to a person who did not intentionally violate the law;

Whereas it is in the public interest that crewmen of vessels of all nationalities are well rested and not fatigued and maintain a high morale while onboard their vessel; and

Whereas the United States has a vested interest in promoting a positive opinion about our country and to that end should treat visitors with courtesy and respect.

Be it resolved:

That the maritime industry work together with the Commissioner of Customs and Border Protection to establish a protocol for parole to be applied consistently nationwide, as per 8 C.F.R. 253 (g), to an alien seafarer, who must unintentionally stay in the United States past 29 days for emergent reasons or for reasons deemed strictly in the public interest; and 

That the U.S. Department of State and the Commissioner of Customs and Border Protection issue a memorandum expressing an expectation that seafarers be treated with respect while visiting the United States and be granted all privileges they are entitled to and treated in a like manner as all other visitors.

• Click Here for response to shore access for foreign seafarer question
• Click Here for entire speech