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lations. Among the changes proposed to current regu- lations that might impact marine carriers are more detailed reporting requirements when persons on board are suspected of having a communicable disease, increased sanitation requirements when so directed by the CDC, and broader authority by the CDC to order various quarantine measures. Governments, in an effort to slow the spread of avian flu to their citizens, will impose restrictions on ships arriving from foreign ports. These restrictions will include reporting requirements, particularly with regard to prior port calls, the health of all persons on board, and keeping track of persons who might depart the ship. (In October, the Panama Canal Authority began requiring ships to include in their advance notice of arrival information regarding any birds that have died on board; whether any of the previous ten port calls were in nations identified as having outbreaks of avian flu; and whether any persons on board are expe- riencing flu-like symptoms.) It will be difficult, if not impossible, to fly in new crew members for routine crew changes or as replacements for ones who might become ill. Ships may be delayed in port because they can't get their cargoes unloaded or get new cargoes loaded. What can be done? Governmental restrictions (sometimes called "restraint of Princes") and other delays will have major financial consequences. The party that bears the finan- cial impact will be determined, to a large extent, by the various contracts and legal relationships between those involved. Most contracts in use today (charter parties, contracts of affreightment, insurance policies, etc.) were not drafted with consideration to avian flu. Thus, the parties, arbitrators, or the courts may have to ulti- mately determine the allocation of the financial conse- quences without benefit of knowing what the parties contemplated beforehand. Fortunately, the maritime community has some time to plan ahead to address the challenges posed by the risk of an avian flu pandemic. The impact can be min- imized through good contingency planning. The finan- cial consequences can be allocated through careful drafting of legal instruments. Carriers and shippers should develop alternatives that can be utilized if some ports are closed. Ship oper- ators and managers should carefully monitor the health of their crew members and shoreside employees and consider alternative crewing sources that can provide qualified seamen on relatively short notice to replace regular crew members who might fall ill or stay home to care for their families. Charter parties, contracts of affreightment, and insur- ance policies should be redrafted to allocate the risks posed by the avian flu pandemic. In the long run, it matters less where the risk falls than that it be clearly allocated beforehand. Once the risk is allocated, par- ties will know who has the primary duty of preparation and who needs to obtain additional insurance or other coverage to protect their interests. 16 Government Update Dennis L. Bryant, Senior Maritime Counsel at the law firm of Holland & Knight, Washington, D.C., is a con- tributing editor of MR/EN. Circle 210 on Reader Service Card Circle 202 on Reader Service Card Circle 219 on Reader Service Card SeaPost Torsion Shock Isolating Suspension SeaPost Helm H. O. Bostrom Co. www.hobostrom.com Waukesha, WI U.S.A. fax 262-542-3784 Made in USA Since1946 tel 262-542-0222 Proven Performance & Comfort Provides ship owners and captains the confident choice for SeaPost for all their ships helm & operations seating Luxurious comfort and adjustment features provide ergonomic support and position for alert operations Modular constructed high strength steel frames with advanced phosphate-e-coat-baked-powder-coat finish tough enough to take on all salt corrosion challenges and meet the durability testing of 1000 hour salt spray tests plus our full five year performance warranty Specify SeaPost for your next requirement. MaritimeReporter Governmental restrictions (sometimes called "restraint of Princes") and other delays will have major financial consequences. MR JANUARY2006 #2 (9-16).qxd 1/3/2006 2:33 PM Page 16
