United States v. Blue Water Marine Industries, Inc.

The United States Coast Guard District Commander assessed five civil penalties totaling $1,150.00 against Blue Water Marine Industries, Inc. The Coast Guard Commandant affirmed. The matter was submitted to the district court on a motion for summary judgment upon stipulated facts. The court granted summary judgment for the United States, holding that two oceanographic research vessels chartered by Blue Water were subject to the merchant vessel manning statutes, 46 U.S.C. §§ 672 (a), 672(i), 673 (1976). We affirm.

The primary issue is whether the oceanographic research vessels are “merchant vessels” for purposes of the manning statutes. The district court found that the Oceanographic Research Vessels Act, 46 U.S.C. §§ 441 — 445 (1976) [ORVA], did not, by its terms, exempt such vessels from compliance with sections 672 and 673 as “merchant vessels.” Blue Water argues that the term “merchant vessel” in the manning statutes means a vessel “engaged in trade or commerce” and therefore does not encompass its research vessels. We should only need to look to the regulations for a clear definition of “merchant vessel.” We should not be required to define in the first instance terms critical…