Article by Thomas P. Marian
In the wake of the terrorist attacks of September 11, 2001, Congress quickly realized that the porous nature of ports and waterways throughout the United States made them an attractive target for transportation security incidents. While there was a patchwork of regulations that endowed the United States Coast Guard with the authority to address port security, Congress adopted far-reaching legislative measures to bolster existing port security regulations and enhance maritime domain awareness. Both the Maritime Transportation Security Act of 2002 and the SAFE Port Act of 2006 seek to create a comprehensive and layered approach to preventing and responding to events that have the potential to disrupt the flow of waterborne commerce.
About the Author
Thomas P. Marian. Thomas P. Marian has been a Special Counsel with Jones, Walker since 2002. Prior to joining Jones Walker, Mr. Marian retired from the United States Coast Guard after twenty-one years of commissioned service as a Judge Advocate and Commanding Officer of Vessel Traffic Service Houston-Galveston. His previous assignments include: afloat tours on ocean-going buoy tenders stationed out of San Juan, Puerto Rico, and Honolulu, Hawaii; operational tours in New Orleans, Louisiana; Seattle, Washington; and Key West, Florida. In 2000, Mr. Marian was assigned to the Department of Defense as the Chief Legal Counsel to the Joint Interagency Task Force East, located in Key West, Florida. The primary goal of this position was to provide advice and recommendations on counter-drug efforts throughout the Eastern Pacific and Caribbean basin. This also entailed participation in the negotiation of international instruments to effectuate the enforcement of the Maritime Drug Law Enforcement Act and implementation of article 17 of the 1988 Vienna Convention throughout the Western Hemisphere. Moreover, he was directly involved in international law issues during unfolding maritime interdiction operations that culminated in the seizure of over one-hundred tons of cocaine and other illegal substances. As Commanding Officer of VTS Houston-Galveston and the designated federal official for the Houston-Galveston Navigation Safety Advisory Committee (HOGANSAC), Mr. Marian played a significant role in the development of local port security practices and procedures designed to maximize the participation of area private stakeholders. This culminated in the nationwide recognition of the Houston-Galveston Port Coordination Team. His practice areas include Admiralty, Environmental, International, and Regulatory matters. Mr. Marian also serves as Chairman of the Board of Directors of the Greater Houston Port Bureau and Marine Exchange of the West Gulf.
Citation
81 Tul. L. Rev. 1499 (2007)