Monday, March 31, 2014

NEWS FLASH: THE WHALES WIN ! WILL GREEN PEACE NOW PLEASE STOP RAMMING VESSELS

World Court Rules Japan's Whaling Not For Scientific Ends, Revokes Permits


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Photo by:  Whit Welles Wwelles14, licensed under  Creative Commons Attribution 3.0 Unported
Editor's note 12/16/2015: Japan is out whaling as we write this taking a few hundred of a more unregulated species "for scientific purposes, though they free admit most of the catch gets eaten. We love Japan, but they have got to stop eating whale. 

 "(Reuters) - Japan's whaling program in seas near Antarctica is not for scientific purposes, judges at the U.N.'s highest court ruled on Monday, agreeing with Australia that Tokyo should revoke permits to catch and kill whales for research purposes." Story from Reuters

EDITORIAL NOTE: This World court ruling didn't come about as a result of Green Peace ramming Whalers and other wise running about the World's seas endangering sailors lives and the environment through the reckless and negligent operation of vessels. The sovereign nation of Australia brought suite against Japan and sustained their case in open court using solid factual and legal research and argumentative skills. Green Peace spent years running about the ocean playing bumper boats. We congratulate the nation of Australia for standing up and funding the effort, and particularly the astute lawyers and law clerks who researched, prepared, and presented the case. To the youth of the world who want to make it greener we say; stay away from organizations like Green Peace and Sea Shepard so that you don't wind up getting involved in activities that kill people and send ships laden with fuel, lubricants, and other harmful substances to the bottom of sea. If you want to be effective in the preservation of the planet go to law school, take a paralegal program and seek out environmental defense work. The best friend and true guardian angel of that whale depicted above was a group of lawyers and their assistants. 
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NEWS FLASH: THE DRAGON SHOWS ITS PETTY SIDE

http://www.globalpost.com/dispatch/news/kyodo-news-international/140330/china-exclude-japan-international-fleet-review-qingdao

China to Exclude Japan from International Fleet Review in Qingdao


"The Chinese navy has not extended an invitation to Japan's Maritime Self-Defense Force to take part in an international fleet review China will host late next month, a senior Japanese Defense Ministry official said Sunday." (Source:  


NOTE FROM NAMAZU: ( Our Senior maritime Analyst and former Japanese Giant Catfish demigod)
 Hello people of Malaysia, Indonesia, Brunei, the Philippines, and Vietnam. Hello English speaking bipeds everywhere, but especially in Australia, New Zealand, and America. I'd like to have a few words with you about this latest naval misbehavior by the Dragon related to its "naval review" scheduled for Qingdao next months. Here they are: NO MATTER WHAT YOUR PRESENT PLANS DON'T GO!  A naval review by a strong regional power should be an opportunity for all navies in the area to get together to meet and greet the people of the host nation, and for the sailors and officers to interact with each other. It is the social side of joint naval exercises in piracy suppression, search and rescue , and civil relief. China is turning it into a power demonstration. China's so called "Coast Guard" is larger than all of the regional navies plus the U.S. Pacific fleet combined though lightly armed. Their navy is also larger than all naval forces of the Pacific combined but lacks certain types of ships and skills that would make it a real threat right now beyond the China seas. But the intent of the Middle Kingdom is to rule the world, not as military occupier but as vassal states cowed by the Middle Kingdom's economic and military might. By excluding Japan, China is using the naval review not to build regional cooperation for security and development but to bully Japan. They are turning the message of the review to "Look Japan, the regional navies come at our bidding, none will assist you, give us the islands we demand now". 

 The dragon is arrogant and delusional. Even with a combined navy and coast guard of over 1800 ships it is not ready to defeat either the Japanese Maritime Self Defense Force, or the U.S. Pacific Fleet and certainly not the combined arms of Japan, the U.S. and most of the other regional powers they threaten and bully. The allied forces don't need to enter the China seas to take on this massive but cumbersome fleet. They can wait in the Pacific at the relatively narrow entrances to the China seas, and in the straits to the south, and pick off the dragon ships that attempt to exit. With the allies' over the horizon weapons and
remote targeting capabilities, they can fire into the China Seas like shooting fish in a barrel if the Chinese Navy masses, or even if it doesn't mass. The U.S. is capable of both interdicting China's ocean commerce far from the China Seas and remotely mining her ports and ending her commerce. China has captive areas like Tibet that it considers interior, the U.S. is capable of inciting and aiding rebellion in these areas. All nations engulfed in such a war would be justified in refuting all debts to China. In short by the time the sound of China's first shot faded her economy would be in tatters. There will be no invasion of the Chinese mainland, no demand for unconditional surrender, the populace will be left to watch their economic dreams ruined and to face eventual starvation unless they do something. With no invading armies to rally against, there will be only one group to blame....the Chinese Communist party and government. 

 The dreams of a restoration of a Middle Kingdom have to be modernized with China as a prosperous state that is not viewed as a threat by its neighbors or as an unreliable partner by the other major powers, an adherent to international law. A territorial expanding China taking lands, ocean economic zones, and islands owned, administered , or occupied by others while already holding some of its own population and areas under central rule by force of arms is a threat. Being a three thousand year old former regional demigod I remember how the old Middle Kingdom worked. This fleet review is classic old school Middle Kingdom. All of the surrounding potential and actual vassal states are invited to the big party so that they may leave impressed. In the instant case who else has a fleet of naval and coast guard vessels numbering over 1800 to draw from? More over China's fleet is mostly engaged in the immediate region busy bullying her neighbors, they can always take a break from that. The would be participants including Japan, had they been invited, can only send what they can spare from on going commitments and patrols. Since they really don't know how to operate it yet, the Dragon can easily spare its one aircraft carrier and escort flotilla for the big show. This is not a true naval review of cooperative and friendly navies. This is a blatant attempt by the Dragon to intimidate Japan by exclusion and all of the invitees by showmanship. My advice if you ever hope to contain the Dragon until it can morph into a wise and benign giant catfish is DON'T GO! My other advice is this; if China is so bold as to act like this when they are still a technologically inferior force what will they be like when they can really back their play?  Everybody needs to be engaged in a big naval build up in the Pacific. India would be wise to join an alliance formally now.

                                           




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Sunday, March 30, 2014

NOTICE OF ERROR AND CORRECTION

WE DON'T BEAT THE LIBRARY ELVES WITH ANY REGULARITY AND SOMETIMES IT SHOWS.

Last week we published the post below on the American Admiralty Bureau's Code of Forensic Ethics. It was an excellent analysis by our new legal correspondent the ghost of Justice Brandeis. The problem was in the links to the actual code. The assigned library elf forgot to publish the code first and instead linked the reader to our dashboard which demanded a code to get in. Of course its our dashboard so when we tried it we could pull up the code. It took member, former American Admiralty Bureau Examiner, and now MAGI marine surveyor Bill Riley to bring it to our attention. 

We have fixed the link in all three places where it was posted in the blog space. We also reprint it here with the corrected links so that if you were frustrated by not being able to pull up the code last week you need look no further for it.

 We were just getting ready to discipline the offending elf when the Aqua Phone rang and it was Namazu with a message from Justice Brandeis. It seems that the good progressive justice learned about the little labor dispute that we had recently with the elfin work force. We think Surfing Muse spilled the beans about the visit from the National Labor Relations Board. Really minor stuff, but the good justice was pretty much upset with what he had heard. We really got an earful about the moral and legal obligation for fair work standards. The Justice didn't seem the least bit upset about the gaff with the link and specifically asked us not to discipline the offending elf. So what can I say, softies that we are, we untied the little rascal and cancelled the firing squad.

Johnas Presbyter

 Cute Baby Elf One Lucky Library Elf
Photo by Petr Kratochvil  

TODAY THERE IS HELP FOR THE ADVOCATE IN FINDING AND PRESENTING ETHICAL EXPERTS AND IMPEACHING THE UNETHICAL



File:Brandeisl.jpg

Louis Brandeis, our Chief Legal Correspondent

 We want a court system that will fairly represent the laboring seaman, the professional officer, the ship owner, the cargo owner, the insurer, and the affected public. We want such a court system for our maritime causes not because it is good for the nation's maritime business but because it is dishonorable to tolerate any other kind. There are many societal  forces that combine against this desired end state. The counsel selected to represent important private interests such as those of the ship owner or insurer possesses usually ability of a high order, while the injured seaman, or the public interest is often inadequately or wholly unrepresented. That alone presents a condition of great unfairness to the injured mariner or the public interest. Additionally complicated matters not a part of the every day experience of the ordinary public such as most matters involving the nautical arts and sciences often force the court to rely excessively on the professional opinions of expert witnesses. Since my departure from the American Supreme Court Bench to serve at the bar of an even more supreme court I have observed that maritime endeavor has amassed in the last half century an abundant body of easily cited  codes, standards, and regulations. It has become rather difficult to believe that an expert must rely on the "custom of the industry" for a description of the proper and safe way to conduct a maritime operation. This is particularly so when the custom of the industry seems to be the direct cause of an injury.

 But even a maritime expert who cites to some codes, standards, and regulations in his reports and testimony may be simply using that old lawyer trick, "useful language". The advocate who builds a case on "useful language" simply selects from the codes, standards, regulations, and authoritative literature out of context language that sounds like it supports his argument. But the duty of the expert witness is to justice and not to the plaintiff or defendant. It is the duty of the lawyer to defend his client, it is the duty of the expert to defend his findings only. It is the duty of the expert to inform the court on technical issues. It is not the duty of the expert to advocate for one side or the other in a dispute. To that end in an ideal world the Judge would appoint the experts and apportion costs to both sides with the expert answering only to the judge, but then that might deny one side or the other of the unique insight of a particular expert. So it has evolved that either side may hire experts. The trier of fact must be able to discern when the hired expert is in fact a hired gun utilized only to support the attorney's theory of the case and line of argument and willing to bend the truth or formulate it in an argumentative manner. Since the trier of fact may have little subject matter expertise , hence the theoretical need for an expert, the trier of fact must test the integrity and ethics of the expert. How does one do that with an expert in an unfamiliar profession? Here I think the American Admiralty Bureau about twenty years ago found an answer which we again bring to the attention of the Admiralty bar.

 The American Admiralty Bureau Code of Professional and Ethical Conduct may be referred to, or cited by any expert involved in a maritime dispute resolution and providing services of a forensic nature. An "adherent" to the code must comply with the enumerated standards for investigative methodologies and standards of presentation. The code is derived from authoritative literature on good forensic practices and ethics and can serve the cross examining lawyer as well as the report or testimony preparing expert. Because the code is condensed (about 7 pages) a lawyer can review the basics of good forensic ethics and methodologies quickly and prepare a cross examination that explores the process the expert took to arrive at and report on his conclusions. Often, without revealing a specific technical error an expert purveying "junk science" to the court has been exposed and impeached by simply demonstrating that good forensic methods, ethics, or standards of presentation were not followed. We will be posting a link to the code permanently in the AUTHORITATIVE LITERATURE SECTION.  You may read it now by clicking on this link: AAB CODE OF FORENSIC ETHICS



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PHILIPPINES FILES REBUTTAL TO CHINA'S CLAIMS IN THE SOUTH CHINA SEA


THE PHILIPPINES FILE THEIR "MEMORIAL" WITH THE UNITED NATIONS



 EDITOR's NOTE: 11/14/2014 While the Philippines filed their brief against China's claim to virtually the entire South China Sea the relevant tribunal has not issued a ruling, and we don't expect one soon, though we continue to monitor the case. This pending case we think is an important factor in limiting the illegal behaviors that the Dragon is willing to engage in to further its demand for the territory of its neighbors.China refuses to participate in the tribunal knowing that it is very rare for a UN tribunal to rule in a case where one party refuses to submit to jurisdiction. However, the Philippines has maritime territorial disputes with other neighbors and all of these are affected by Chinese claims. The tribunal must rule for some of the participants. It will be very difficult to rule in these cases without mentioning China, and her missing chair at the tribunal. 

 Late last week the Philippines submitted to a United Nations Tribunal on the Law of the Sea an approximately 4,000 page pleading with memorandums in support detailing its objections to the claims levied by China to sovereign Philippine territory in the South China Sea. The documents purport to demonstrate that China's massive territorial claims are "unlawful and invalid". Philippine Foreign Affairs Secretary Albert del Rosario refers to the document that we called a "pleading" as a "memorial", perhaps a more correct term in an international maritime tribunal. In a statement describing the "memorial" del Rosario stated that it was submitted to the five member Arbitral Tribunal based in the Netherlands. The Philippines filed their case with the tribunal in January 2013 seeking "a clarification of maritime entitlements " of parties that included China under the United Nations Law of the Sea Convention. In what we would call the "prayer" in a "pleading" the Philippines asked the court to declare China's claim in the South China Sea ( basically China claims the entire sea to within a stone's throw of Philippine main islands beaches) "invalid" and contrary to the terms of the convention. In our opinion the Philippines has a rock solid legal case. Unfortunately China has simply refused to participate in the process. United Nations tribunals rarely make awards or pass judgments on non -participants.

 However Taiwan, Vietnam, Brunei, and Malaysia also have competing claims with the Philippines and China. It would be difficult for the court to articulate the rights of the other parties who are entitled to a decision without touching on the Chinese claim. A well worded decision would leave China with no legal argument to stand on in the community of nations and expose the Dragon as an international thug without question. The Philippines would be in a better position to respond more aggressively to Chinese intrusions. A more aggressive response to the Dragon's intrusions increases the chances of naval war in the South China Sea with U.S. involvement virtually assured. Despite the threat, we hope the Memorial is favorably commented on by the court simply because it is right. Some times there is no choice but to fight for the right. Should such a war come it will destroy China's economy without a shot being fired on the main land, improve the U.S. economy in the long run assuming that the U.S. populace won't stand for a Washington bail out of U.S. companies that shipped all of their jobs to China after China nationalizes their assets, and will end with the Chinese communists party leaders and office holders hanging from lamp posts when the Chinese people see where this aggressive folly led them. The alternative is that the Communists Chinese leadership hits the nuclear panic button and in the ensuing exchange the U.S. experiences the equivalent of several Katrinas and China becomes a glow in the dark parking lot. "Memorial", perhaps a more apt description than we first thought.


                                                                                                                         
                                                                                                                                   

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Saturday, March 29, 2014

WEEK END EDITION: March 29-30, 2014

       AMERICAN ADMIRALTY BOOKS  



                    YOUR PORTAL TO THE MARITIME WORLD
                                       
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Visit Our Sailing Page

  WELCOME ABOARD

             
1. To Reach The Latest Blog Posts simply Scroll down

2. The list of Special interest pages to your right are direct links, simply click on any page of interest. Once there simply scroll down or use the various internal and external links provided

3. NEW VISITOR?  Click here for a short video explaining our purpose and mission, a basic site guide, short cuts etc.   INTRODUCTION

4. Looking for maritime links? We link to maritime information sites throughout the special interest pages based on the special interest subject. But we also have an indexed collection of most of the world's English language maritime web sites. Click here: THE BIG LINKS LOCKER

5.  Looking for past essays by the our top analyst, Namazu, former Japanese Giant Catfish demigod. His stuff is spread all over the blog but we are building an archive so you might want to check there first: EVERYTHING NAMAZU

6. We've been following the aggressive actions of the Chinese Navy and Coast Guard for nearly two years now. We are working on an archive for those posts as well: How Far Will The Dragon Swim?

7. On line books?  We have a growing collection for reading on line or use as a reference: Our authoritative literature section is where we are editing, up dating and posting the entire collection of American Admiralty Bureau Guide and Commentators, references that should prove vital to admiralty lawyers working with expert witnesses. This is an on going project but about four complete volumes are on line now: After you enter the Authoritative literature page simply scroll down to the start of the American Admiralty Bureau Guides and Commentators.
AUTHORITATIVE LITERATURE INCLUDING AAB PUBS.  We also have our popular serial posts on the parallels between space exploration and the earlier age of maritime exploration originally published as a serial blog post under the continuing title "SPACE AS AN OCEAN" and now posted as an E-Book in Progress titled PROTOCOLS: Click into our MARITIME LITERATURE page and scroll down until you see the words "E Book In Progress". Then you may continue to scroll down to read as many of the essays as you like. Each one is complete in and of its self so you could red the entire collection painlessly by reading just one a day, about five thought provoking minutes. To view the essays click here: MARITIME LITERATURE, Including PROTOCOLS. We also have in our MERCHANT MARINE INTEREST SECTION the National Mariner's Association book: BLOOD ON BROWN WATER. Just enter the MERCHANT MARINE INTEREST SECTION and scroll down:  MERCHANT MARINE INTEREST:  "BLOOD ON BROWN WATER"

8. Book Reviews: Are sorted via the special interest pages, just click on any of the special interest pages in the column margin to your right to select a subject area. Book reviews are spread throughout each section along with links to free videos on the pertinent subject, links to specialized web sites on the subject etc. Each book review will have a link to a vendor where you can obtain additional information or purchase the book. If you are interested in a library loan look for the International Book Binding Number (ISBN) either in our review or at the vendor's site. The ISBN number is a big aid when your librarian has to arrange an inter library loan.

9. To look at books that we haven't reviewed yet, shop for water sports books, videos, clothing, and equipment, boat building tools, fishing equipment, or surfing and diving gear visit our shopping mall.  The shops are open while we're under construction. 

10. Need Boat Building Plans? Links to designers with building plans for sale are in the BOAT BUILDING section.  BOAT BUILDING SECTION

11. If you need additional guidance through this very large site try our  SITE GUIDE AND INDEXS

                                                                                                         
                                                                           

AN INTELLIGENCE UPDATE

THE INTEL CENTER OFFERS AN INTERACTIVE MAP OF THE VARIOUS HOSTAGE SITUATIONS CURRENTLY ACTIVE AROUND THE GLOBE AND A LOT OF OTHER USEFUL INFORMATION AND SERVICES RELATED TO TERRORISM



Screen Capture from The IntelCenter active map at this link:  American Admiralty Books Safety & Privacy Policies    The IntelCenter 


THAT GOT US THINKING ABOUT PUBLICLY AVAILABLE INTELLIGENCE GENERALLY AND WHAT INFORMATION ABOUT SUCH SERVICES WE SHOULD PROVIDE AND WHERE AND HOW TO PRESENT IT WITHIN THE BLOG


Original Editor's Note:
We here at AAB offer daily piracy reports and the pirate business today features hostage taking. Not all of the hostage situations found on the above interactive map are maritime in character but all involve Non Governmental organizations that have taken hostages for political reason and profit. The more typical and short lived bank robber barricaded hostage situations are not on this map. We also wanted to take this opportunity to introduce you to a commercial intelligence service. We are so often critical of American news coverage as being "infotainment" and advertiser driven. Not only are there other news sources and organizations out there; there are commercial intelligence sources that aren't influenced by advertising decisions at all. Have a look at this product from the 

American Admiralty Books Safety & Privacy Policies  

INTELCENTER. 

INTELCENTER BACKGROUND
More than 20 years experience in counter terrorism intelligence work.

http://www.intelcenter.com/maps/current-hostages-map.html?utm_source=IntelCenter+Email+Lists&utm_campaign=07faab9bf2-SN_HostagesHeldMap_14Aug2013&utm_medium=email&utm_term=0_64a02056e3-07faab9bf2-19499205

Updated text:

Some months ago we published a description of the IntelCenter with particular emphasis on its constantly updated hostage situation map. A recent check of the sight noted a few changes in the map with some incidents removed and new incidents posted. But that is not why we are writing about the Intel Center again. When we first posted on the Intel Center we had been noticing a rising interest among our visitors in maps as a form of information presentation. Our initial response was to expand our NAVIGATION page with a section on cartography.Review of the IntelCenter's work products indicates that they are certainly skilled in cartography and provide map and map like presentations. However they also provide much more in the way of information services on terrorism. 

The IntelCenter is a privately owned company established in 1989. It has been providing counter terrorism intelligence services for more than 20 years to the intelligence, military and law enforcement communities in the US and around the world. The focus of the IntelCenter is on terrorism, defined as violent acts and actors of non state organizations performed for ideological and political motives. 


IntelCenter is far from the only private intelligence service though it is one of the least likely for the ordinary citizen to become aware of since its usual clientele are governments, military organizations, and  police forces. Others like Lloyd's Intelligence Services, a subsidiary of Lloyd's of London serve broader markets like the shipping industry, or in a different vein Jane's Information Services serves shipping, naval services, governments and provides various reports for use by the general public. Public access to professionally developed and politically neutral information isn't just limited to private intelligence services, even the United States Central Intelligence Agency (CIA) develops services and products like area briefings, travel warnings, and regional backgrounders for distribution to the general public. Then there are various trade journals that cover nearly everything of note related to the field they cover and their audience. Some such trades take a managerial/owners viewpoint and others are operated for organized labor. Our point is that the public doesn't have to rely on ABC, CBS, NBC, FOX, or PBS for news and thus subject themselves to editorial decisions about what is news worthy and slants that conform with the politics of the net work. 

 We have constantly denied being a news service, we simply provide a news room where many of the world's maritime trade journals and news sources can be read, and we do some scanning and post a clipping service of headlines and links to stories we think are important. Occasionally we have been the first English language publisher to post a story, or to explain why a particular story buried on the back pages of some foreign language news paper is actually earth shaking in importance. 

 This is not a sign that we have a staff of full time professional journalists. Quite the opposite, we don't even have one full time staffer devoted to news. We simply don't rely on the mainstream American media for our news because we regard the so called "mainstream media" as being in the infotainment industry. In saying that we are not being critical, we are in the infotainment industry as well. We try to bring you the world's English language maritime information sources in an organized and entertaining way. We bring you this link to an interactive map in that same spirit, look its fun, its informative, see what's available out there once you leave the "mainstream". 

 But one should not mistake "infotainment" for "intelligence" or "real news". Often for the real story you must fish it out your self. As your entertaining maritime librarians we suggest looking in the trades, intelligence services, and local news services closest to the scene of interest. You don't want to make important decisions as a voter, juror, parent, traveler, etc., based on "infotainment". Get yourself some unvarnished facts. Start by learning your way around commercial intelligence services, trade journals, and non networked news services. If you are a professional journalist consider learning more about the publicly available products of the American intelligence community and the commercial intelligence services that are out there. The national and international news services are fine but there is deeper analysis and deeper sources out there as near as a mouse click.

So as an encyclopedic maritime information service where do we put links and descriptions of commercial intelligence services? For the time being we've decided that the best place to put this type of data is our NEWS SERVICE page. As we did with Navigation we are going to expand the title to NEWS and INTELLIGENCE. We also think that is more in keeping with our constant assertion that we are not a news service, though our site may offer information and services of interest to journalist. As we have stated so many times in print our "NEWS SERVICE" was first envisioned as a sort on online news reading room. The contents of that "reading room are expanding, but we are still not a news service. But you will find this post semi permanently located in the new "INTELLIGENCE SERVICES" section of the NEWS SERVICE section (page) of this blog.

American Admiralty Books Safety & Privacy Policies  


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Friday, March 28, 2014

ATTENTION DIVERS: COMMERCIAL AND PUBLIC SAFETY DIVERS KNOW YOUR RIGHTS

http://www.divelawyer.com/for-divers/publications/legal-rights-of-commercial-divers/

FREE BOOK AVAILABLE ON REQUEST OR READ ON LINE FROM A LEADING DIVER"S LAW FIRM IN NEW ORLEANS

Scuba diving
 It is said that there are "old divers and bold divers,but no old bold divers. If you are a professional diver you know the saying and you know its true.  Despite their own best efforts and following all of the rules and recommended practices some time the negligence of others lead to death and injury. Diving law is complex. Diving causes of action happen in a maritime context, often vessels are involved but the status of the diver as seaman or harbor worker is often complex and the tests are circumstantial. Injured divers or their survivors need specially trained and experienced lawyers. On the Central Gulf Coast you might try The Law Firm of Delise & Hall Attorneys at Law and Admiralty . We are afraid that we can't recommend them per se as we don't actually know the firm or the individual lawyers but we have no negative information either. However we are in the business of reviewing maritime books and we can recommend a book they publish both on line and in print. Delise and Hall's LEGAL RIGHTS OF COMMERCIAL DIVERS. This is a work that every commercial diver who aspires to one day be an old diver should read. It provides a great deal of practical information on what to do in the wake of an accident with injury and what to expect as the maritime claims process proceeds. While the legal concepts are complete the book is written in non technical language and its messages are clear. The Price is spot on, it's free, as in zip, nada, zero. Basically the firm makes the book available on line at: http://www.divelawyer.com/for-divers/publications/legal-rights-of-commercial-divers/  and will also mail you a paper copy for the asking. If you click on either of the links above you will pull up the table of contents. Click on any subject of interest in the table of contents and the text will appear. OK you spent a lot of time learning about buoyancy compensation, the dive tables and decompression, special gases, the bends, etc. take a little time and learn about the laws that are supposed to protect you.  

NEWS UPDATE: SHOOTER IDENTIFIED AT NORFOLK NAVAL BASE




THE SHOOTER WHO KILLED PETTY OFFICER MARK A. MAYO HAS BEEN IDENTIFIED

   Navy Investigation Reveals Mayo Was A Hero Who Literally Gave His Life To Save His Ship Mate And In Providing A Delay To The Intentions And Further Movement Aboard The USS MAHAN  Probably Saved Other Lives As Well.

Slain sailor's actions 'nothing less than heroic' Petty Officer Mark A. Mayo Lost His Life Stopping The Gunman On Board The USS MAHAN (Photo U.S. Navy)


 Jeffery Tyrone Savage age 35 got onto the Navy Base as a Truck Driver in valid possession of A TWIC (Transportation Worker's Identification Card). Such a card is supposed to mean that the worker has been vetted by a background investigation and is considered not to be a risk to waterfront facilities and able to proceed into a facility without escort. However at the Naval Station the TWIC alone would not have been enough to gain access, it must be checked with other forms of ID, but of course since it was a valid TWIC, Savage would have had a valid drivers license and possibly manifests indicating a cargo that was legitimately supposed to be delivered to the base. The Navy has not yet revealed exactly how Savage got on base. However it is now known that he had previous felony convictions involving violent offenses. No motive is know yet, Savage did not enter the base with a weapon but physically forced the pistol he used away from a woman sailor standing gangway watch. Petty Officer Mark A Mayo who was apparently unarmed passed the alarm and jumped into the fight getting between the gunman and the quarter deck watch stander who had been knocked to the deck. Mayo was shot by Savage, but before he could get off another round other armed sailors had made it to the quarter deck and shot Savage dead. The investigation continues. 

 Petty Officer Mark A. Mayo has earned a place in U.S. Naval history for his pitched and unarmed defense of his ship mate and his ship. He gave the last full measure of devotion to duty and it was not in vain, Jeffery Tyrone Savage, convicted felon did not get any farther aboard than the quarter deck at the top of the gangway. Savage attempted to force his way aboard a U.S. Navy ship with deadly force. He was opposed and killed by American sailors.
The loss of Petty Officer Mayo was tragic but let history record that his sacrifice was the key element in the victory on the quarter deck. Opposing an armed boarder inside a U.S. state side naval base is not a normal combat operation but when something like that happens the ship must be defended. It was, bravely and successfully. Petty Officer Mayo is not a victim , he is a victor.

Thursday, March 27, 2014

ON FORENSIC ETHICS IN ADMIRALTY

TODAY THERE IS HELP FOR THE ADVOCATE IN FINDING AND PRESENTING ETHICAL EXPERTS AND IMPEACHING THE UNETHICAL



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Louis Brandeis, our Chief Legal Correspondent

 We want a court system that will fairly represent the laboring seaman, the professional officer, the ship owner, the cargo owner, the insurer, and the affected public. We want such a court system for our maritime causes not because it is good for the nation's maritime business but because it is dishonorable to tolerate any other kind. There are many societal  forces that combine against this desired end state. The counsel selected to represent important private interests such as those of the ship owner or insurer possesses usually ability of a high order, while the injured seaman, or the public interest is often inadequately or wholly unrepresented. That alone presents a condition of great unfairness to the injured mariner or the public interest. Additionally complicated matters not a part of the every day experience of the ordinary public such as most matters involving the nautical arts and sciences often force the court to rely excessively on the professional opinions of expert witnesses. Since my departure from the American Supreme Court Bench to serve at the bar of an even more supreme court I have observed that maritime endeavor has amassed in the last half century an abundant body of easily cited  codes, standards, and regulations. It has become rather difficult to believe that an expert must rely on the "custom of the industry" for a description of the proper and safe way to conduct a maritime operation. This is particularly so when the custom of the industry seems to be the direct cause of an injury.

 But even a maritime expert who cites to some codes, standards, and regulations in his reports and testimony may be simply using that old lawyer trick, "useful language". The advocate who builds a case on "useful language" simply selects from the codes, standards, regulations, and authoritative literature out of context language that sounds like it supports his argument. But the duty of the expert witness is to justice and not to the plaintiff or defendant. It is the duty of the lawyer to defend his client, it is the duty of the expert to defend his findings only. It is the duty of the expert to inform the court on technical issues. It is not the duty of the expert to advocate for one side or the other in a dispute. To that end in an ideal world the Judge would appoint the experts and apportion costs to both sides with the expert answering only to the judge, but then that might deny one side or the other of the unique insight of a particular expert. So it has evolved that either side may hire experts. The trier of fact must be able to discern when the hired expert is in fact a hired gun utilized only to support the attorney's theory of the case and line of argument and willing to bend the truth or formulate it in an argumentative manner. Since the trier of fact may have little subject matter expertise , hence the theoretical need for an expert, the trier of fact must test the integrity and ethics of the expert. How does one do that with an expert in an unfamiliar profession? Here I think the American Admiralty Bureau about twenty years ago found an answer which we again bring to the attention of the Admiralty bar.

 The American Admiralty Bureau Code of Professional and Ethical Conduct may be referred to, or cited by any expert involved in a maritime dispute resolution and providing services of a forensic nature. An "adherent" to the code must comply with the enumerated standards for investigative methodologies and standards of presentation. The code is derived from authoritative literature on good forensic practices and ethics and can serve the cross examining lawyer as well as the report or testimony preparing expert. Because the code is condensed (about 7 pages) a lawyer can review the basics of good forensic ethics and methodologies quickly and prepare a cross examination that explores the process the expert took to arrive at and report on his conclusions. Often, without revealing a specific technical error an expert purveying "junk science" to the court has been exposed and impeached by simply demonstrating that good forensic methods, ethics, or standards of presentation were not followed. We will be posting a link to the code permanently in the AUTHORITATIVE LITERATURE SECTION.  You may read it now by clicking on this link: AAB CODE OF FORENSIC ETHICS



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LARGEST FISH EVER LANDED FROM A BEACH?


BEASTIE PRESENTS: The Largest Fish Landed From A Beach That We Have Found A Video Record Of So Far. 

 BEASTIE OUR FISHING VIDEO EDITOR

American Admiralty Books Safety & Privacy Policies (Attention EU Visitors , possible "cookie" encounter ahead) 

Some of you may have missed this video posted on AOL recently. A group of young men make a habit of shark fishing from Florida beaches at night. Beastie really lauds the guys for practicing catch and release with barb-less  hooks. Their best catch so far was caught on video under some powerful lights and most of it came out really well. With the help of a little professional video editing from AOL its quite a show. It's not often that you see a 14 ft. hammerhead shark landed. To watch click here: Hammer Head on the Beach

 
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 http://on.aol.com/video/massive-14-foot--700-pound-shark-caught-by-fla--fishermen-518173644?icid=maing-grid7%7Cmain5%7Cdl7%7Csec1_lnk3%26pLid%3D458005

Wednesday, March 26, 2014

CANADA'S OFFICIAL THINKING ON ARCTIC SHIPPING STARTING TO DRAW CLOSER TO NAMAZU'S VIEWS

Arctic Shipping Remains A Distant Dream For Now, Canadian Transport Minister Says

The Honourable Lisa Raitt The Hon.Lisa Raitt, Canadian Minister of Transportation

Geez, not only are Canadian cabinet officers way better looking than the current crop in the White House but apparently they are capable of actual intelligent thought. Ms (Mrs. for the politically incorrect) Raitt recently delivered an address on shipping above 60 degrees north that would have done Namazu or Johnas Presbyter proud.  According to her official web site she is no stranger to matters marine having served as President of the Toronto Port Authority and prior to her ascension to President served as Harbor Master and Chief Counsel for the same port authority. Just as Namazu (our lead maritime analyst, and former Japanese giant catfish demigod)  predicted a few months ago; during a speech in Washington on Tuesday, she told the audience that climate change driven expectations of an Arctic shipping boom won't be materializing any time soon. Recently observed spikes in shipping of late have been mostly south to north supply runs to existing communities and industrial activities. She correctly pointed out the distinct lack of enthusiasm for the route by shipping insurance companies.  She also pointed out that shipping insurance companies have more to say about route selections by ship owners that any national government. Mean while  National governments including the U.S. are squabbling over who will manage such a route. As the lady said "its baby steps for now". The Transport Minister also said that her organization has cut off contact with their usual Russian counter parts due to developments in the Ukraine. The complete story was carried in the LETHBRIDGE HERALD

TURN COAT DOLPHINS?

            Ukraine's Spy Dolphins Switch Allegiance to Russia 

Are The Ukraine's Spy Dolphins Changing Sides or Going Home ?


According to a story carried in the TELEGRAPH a special warfare group of Dolphins and their handlers  have switched allegiance to the Russian side. According to the story in the telegraph the dolphins were trained to plant mines, detect and mark underwater obstructions, and attack enemy frogmen. The Ukraine naval establishment hasn't been fairing well since the Russian invasion. Only ten vessels remain in the Ukraine Navy, fifty one have crossed over to Russia. The Dolphin unit is probably the most unusual military unit that Russia has acquired in the invasion. However since Russia started the program back in the bad old Soviet Union days the trainers probably spoke Russian and the Dolphins were accustomed to Russian training commands. We doubt that the Bear had to break the door to the training compound down and waive guns about to get the trainers and the dolphins to go along. To read the full story click on: THE TELEGRAPH


       





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WE DON'T WANT YOU LIVING WITH SNOW

TO ALL OF OUR BUDDIES STILL MANNING THE NAVY, COAST GUARD, MARINE CORPS, NOAA, MARAD, et al CUBE FARMS IN WASHINGTON. IT'S ALMOST APRIL AND YOU'RE GETTING SNOWED ON AGAIN TODAY.  MEANWHILE DOWN ON THE TEXAS GULF COAST ITS JUST ANOTHER DAY AT WORK FOR CAPT. CHARLIE. 





Fishing Report 3/21/2014 From Capt. Charlie in Matagorda Bay, Texas

"Stan Sloan, my oldest son Beaux Paradoski, & Herman Davis with limits of Reds, a dozen Trout & a couple of Puppy Drum. Wind SE @ 14mph, very weak tides."

Really guys there is no sense living like this. DC is not only terminally snowed under, we all know the White House and the Halls of Congress are overloaded with village idiots. And face it; you're not all that happy with your boss. We have a cure for that Bunkie! Contact  Charlie Paradoski by clicking on the over sized link we just put in front of you. Hang a note on your cube "GONE TO TEXAS", get down here to the Gulf Coast and never go back!

Tuesday, March 25, 2014

A SCARY STORY ABOUT FISH POISONING

WHEN CATCHING FISH AROUND CORAL REEFS BIGGER MAY NOT ALWAYS BE BETTER

Cooked Fish
Photo by Peter Griffin


We received the following from Bill Riley a retired Coast Guard Officer and   now a marine surveyor with the Maritime Alliance Group Inc.(MAGI)in Baltimore. The MAGI do hull, cargo,   compliance surveys, and marine investigations for ship owners and insurance interest throughout the Chesapeake Bay area. Cargo  issues can include spoiled frozen food  cargoes including fish. So if Bill    sounds  a bit like a toxicologist at times that's just one of the many skills needed by a top flight marine surveyor. One day we'll do a career profile on  the marine surveyor profession for our younger readers considering a maritime career. For the time being however if you are unfamiliar with the profession  try clicking on the MAGI link and take a look at what marine surveyors do. So...I digress, on with Bill's warning for  those of you who may have the occasion to fish around a coral reef this year.
"A total of eight recreational boaters suffered a potentially fatal case of 
Ciguatera poisoning after eating a 40-pound Amberjack they had just caught    fresh and cooked the same day while anchored in the Bahamas.  Thanks to ham   radio, Bahamas Air Sea Rescue, and the U. S. Coast Guard, the barely-conscious boaters were successfully medivaced and survived.  I'll leave it to you to   read the article for the gory details.  The point is that Ciguatera is a little-known poison that comes from dinoflagellates on or around coral reefs, and accumulates in fish up the food chain.  The larger the fish, the higher the     concentration.  
The victim's new rule of thumb: anything over 5 pounds, or large enough to    feed more than two people,is too big, if it was caught in a coral reef area.  
Treatment requires IV therapy with Mannitol.  Most doctors will not be        familiar with the ailment or its treatment.  This form of poisoning may be    worth writing up in the fishing section of AAB Books."
 We certainly agree that Ciguatera poisoning is worth writing about.            Unfortunately we can't offer any real expertise. So instead we highly        recommend that our fishermen and fish eating readers click on the Ciguatera  link provided. Here is the truly scary part, this toxin has been found on rare occasions in farm raised salmon and in restaurant fish. Also, while Mannitol seems to help, on a double blind test it performed no better than a saline    solution. There does not seem to be a way for consumers or fishermen to test  for the presence of the toxin. Around coral reefs we suggest that you take up snorkeling, enjoy the fish show but if you are going to fish a coral reef     would be a good place to get acquainted with catch and release.