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Government Update the agencies charged with important missions relating to the oceans will go much further toward actually achieving the goals than establishing yet another bureaucracy. The report includes impor- tant recommendations for enhancing the role of the

National Oceanic and Atmospheric Administration (NO A A). These enhancements (and the funds necessary to bring them to reality) are vital. The other agencies involved in ocean matters (such as the Coast Guard, the Environmental Protection

Agency, the U.S. Army Corps of Engineers,

Customs and Border Protection, MARAD, and the

FMC) also deserve better treatment than they usu- ally receive from the Administration and

Congress. These agencies are filled with dedicat- ed and hard-working employees and members who generally know their roles very well, but lack the resources needed to reach their goals. Overall, the

Preliminary Report of the U.S. Commission on

Ocean Policy is an impressive document and con- tains many excellent recommendations. It deserves careful consideration by all stakeholders, including the President, Congress, the various fed- eral agencies, state and local officials, the mar- itime community, environmental advocacy groups, and citizens at large. It is not, though, a full pic- ture of ocean issues. It is one, albeit important, building block for use in establishment of a com- prehensive national ocean program.

Mariner Sentenced for False Application

Joseph A. Boevink (51) of Panama City, Fla., was sen- tenced by a U.S. District Judge to two months in custody, followed by up to 60 days in a halfway house, and two years of supervised release, for falsely claiming that he had never been convicted of a criminal offense on an application for Merchant Mariner license submitted to the

U.S. Coast Guard in Seattle in January 2001. The case marks the first time a merchant mariner, identified through the nationwide U.S. Coast Guard initiative known as Operation Drydock, has been convicted of a criminal offense at trial.

No Maritime Lien on

Unfinished Yacht Hull

The U.S. Court of Appeals for the Eleventh Circuit ruled that a maritime lien cannot attach to an unfinished yacht hull. In the instant case, plaintiff yacht builder com- menced an in rem action seeking to recover unpaid wharfage and storage costs related to a yacht hull that was previously under construction at the facility. The yacht hull was never more than 70% complete while at the facility. Even though the hull was afloat and was towed from its original construction facility to plaintiff's facility, it was never used for the transport of persons or cargo by water. Thus, during the period with which this litigation is concerned, the hull was never a vessel.

Maritime liens can only attach to vessels in being.

Broward Yachts, Inc. v. Destiny Hull No. 104, No. 03- 13669 (11th Cir., May 3, 2004). (Source: HK Law)

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June 2004 23

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