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1A Resolution addressing the Criminalization of Seafarers& The Application of the Seafarer Manslaughter Act

Seafarer 2010

Houston, Texas

March 9&10, 2010

WHEREAS there is growing concern of the increasing trend by port state authorities to unfairlycriminalize masters and seafarers in the event of maritime accidents;

WHEREAS the Baltic and International Maritime Council (BIMCO) has conducted manyinvestigations into the criminalization of seafarers and identified 44 cases between 1996 and2006; nine involved the detainment of seafarers prior to being found guilty of committing adeliberate act of negligence;

WHEREAS the Council of American Master Mariners and the International Federation ofShipmasters Associations have adopted several resolutions concerning this worrisome trend ofcriminalization of seafarers by port state control authorities; and calling upon the InternationalMaritime Organization (IMO) and the International Labour Organization (ILO) and othermaritime and regulatory interests to: use professional and civil sanctions, rather than criminalaction, to penalize negligence; stop the criminalization of seafarers; ensure flag States protecttheir seafarers and abide by UNCLOS; ensure flag States carry out independent maritimeaccident investigations; facilitate greater mandatory use of Voyage Data Recorders; ensure IMOand ILO members States abide by the Guidelines on the Fair Treatment of Seafarers, adopted bythe IMO Legal Committee in April 2006 and press for a mandatory Code; ensure flag Statesexercise effective control and jurisdiction over ships flying their flags;

WHEREAS the issue of criminalization of shipmasters has not substantially improved and thetendency by authrorities to arrest and detain Masters and officers without trial followingmaritime incidents as exemplified in the accident of the ZIM MEXICO II in Mobile, Alabama,and internationally by recent cases of the OSV Neftegaz-67(Hong Kong) and the M/V Tosa(Taiwan);

WHEREAS Captain Wolfgang Schrder was found guilty under the archaic SeamansManslaughter Act and after six months home confinement, has been in a U.S. prison in Mobile,Alabama for four months awaiting his February 7, 2007 sentencing; who up until this incidentwas widely considered a more-than-competent shipmaster with a letter of commendation from

Prime Minister Margaret Thatcher and a medal from the King of Belgium for acts of heroism inthe 1987 HERALD OF FREE ENTERPRISE disaster where he and his ship saved a largenumber of passengers of the capsized ferry;

WHEREAS the level of proof to be found in violation of the Seafarer Manslaughter Act assimple negligence.

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WHEREAS there is great concern that foreign authorities will take retaliatory action againstU.S. seafarers in similar circumstances;

RESOLVED, that the participants representing a varied group of maritime interests, during its2010 Seafarers 2010 Regional Conference in Houston, Texas, join their voices to the work ofCAMM, IFSMA, Nautilus, ITF, BIMCO, ILO, IMO, and AOS USA in their effort to fight thetrend of US authorities to criminalize seafarers; AND

RESOLVED, that the United States Congress review the archaic Seamans Manslaughter Act(US Code Title 18, Chapter 51, Sec. 1115) in light of the IMO Resolution Reg.3(91) of April 27,2006,Adoption of Guidelines for the Treatment of Seafarers in the Event of a MaritimeAccident, and clarify that it applies only to cases of gross or criminal negligence.

18 USC 1115 - Sec. 1115. Misconduct or neglect of ship officers

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whosemisconduct, negligence, or inattention to his duties on such vessel the life of any person isdestroyed, and every owner, charterer, inspector, or other public officer, through whose fraud,neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall befined under this title or imprisoned not more than ten years, or both. When the owner or chartererof any steamboat or vessel is a corporation, any executive officer of such corporation, for thetime being actually charged with the control and management of the operation, equipment, ornavigation of such steamboat or vessel, who has knowingly and willfully caused or allowed suchfraud, neglect, connivance, misconduct, or violation of law, by which the life of any person isdestroyed, shall be fined under this title or imprisoned not more than ten years, or both.

Historical And Revision Notes

Based on title 18, U.S.C., 1940 ed., Sec. 461 (Mar. 4, 1909, ch. 321, Sec. 282, 35 Stat. 1144). Section restores theintent of the original enactments, R.S. Sec. 5344, and act Mar. 3, 1905, ch. 1454, Sec. 5, 33 Stat. 1025, and makesthis section one of general application.

In the Criminal Code of 1909, by placing it in chapter 11, limited to places within the special maritime and territorialjurisdiction of the United States, such original intent was inadvertently lost as indicated by the entire absence of

report or comment on such limitation.

AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000" intwo places.

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