Whether maritime lien can be attached to the fishing permit as an appurtenance of the fishing vessel?

Abstract

The dictionary defines a maritime lien as a lien on a vessel that is given to secure the claim of a creditor who has provided goods and services to the vessel or who has suffered an injury caused by the vessel’s operation. The instrument of a maritime lien is widely used in fishermen’s lives, because fishing income is irregular, while maintenance of fishing boats requires constant expenditures. Operational needs supplies during periods of lower income, such as wharfage and repair, to keep the vessels moving are supplied on credit to the owner; all of this credit gives rise to maritime liens. A problem arises when a maritime lien attaches to a fishing vessel that has a valuable fishing permit. If historically, commercial fishing permits were available without limitation, now, however, because preservation of natural resources, including fish stocks, has become an international concern, commercial fishing permits in some areas are so rare that they have become very valuable. The aim of this paper is to explore fishing permits as subjects of maritime liens in the context of the U.S. and Lithuanian law. U.S. law was chosen because of long traditions of applying general maritime principles and wide application of maritime law. The article will also explore the current laws on maritime liens in Lithuania and will suggest how the practice in the U.S. might be applied nationally in Lithuania.[...]