Page 51: of Marine News Magazine (June 2005)

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Washington Passes

Oil Spill Measure

Gov. Christine Gregoire on May 6, 2005, signed bills that will establish an

Oil Spill Monitoring and Oversight Coun- cil to provide independent oversight of the state's oil-spill program and a new Wash- ington Academy of Sciences to advise state government on scientific questions. "We are taking positive action today to ensure that our waters are protected from pollution," Gregoire said at a bill signing ceremony held in Tukwila. "The new advisory council represents a partnership of industry, government and local communities in our efforts to pre- vent oil spills." The new 16-member oil- spill council will: • Provide early consultation with gov- ernment decision makers regarding the state's oil-spill prevention, preparedness and response programs, and Promote opportunities for the public to become involved in oil-spill response activities. The new academy of sciences will include highly qualified persons in a wide range of scientific disciplines who are willing to contribute their time and expertise for assessments of complex pub- lic policy questions. The presidents of the

University of Washington and Washington

State University are charged with organiz- ing the academy. "This academy will provide the Legisla- ture and me with an independent source for scientific analysis and recommenda- tions on some of our thorniest policy issues," Gregoire said. "This will lead to better decisions and enhanced public trust that we are utilizing the best available sci- ence in our work." The new academy is expected to be formed by 2007.

Employer And

Limit Liability

The U.S. Court of Appeals for the

Eighth Circuit ruled that the employer of a vessel's crew is not entitled to limit its lia- bility for damages caused by negligence of a crewmember. In the instant case, the towboat was owned by one company and was crewed by employees of another company.

The crewing company was responsible for routine maintenance, but the towboat owner was responsible for other work, including scheduling, insurance, repairs, and relations with the Coast Guard. The towboat and its tow allided with a bridge on the Mississippi River during a period of high water.

The barges broke loose and damaged property owned by third parties, who filed claims. The owner filed a complaint in federal court seeking limitation of liabili- ty. The crewing company joined in seek- ing limitation. Following an extensive analysis of the degree of control a non- owner must exercise so as to be entitled to the benefit of the Limitation of Liability

Act, the court determined that the crewing company did not exercise sufficient authority over the vessel to meet the statu- tory requirement. In the Matter of Amer- ican Milling Company, Ltd., No. 03-3441 (8th Cir. —HK Law)

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June, 2005 • MarineNews 51

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