" /> Maritime Injury Law Blog: April 2010 Archives

« March 2010 | Main | May 2010 »

April 30, 2010

Two Rescued From Capsized Boat Near Port Angeles

The Coast Guard has rescued two persons from a capsized boat on Fresh Water Bay approximately five miles northwest of Port Angeles. The two people in the water were spotted from shore, and the Coast Guard was called. The Coast Guard dispatched a helicopter and 25 foot response boat to the scene. The two rescued boaters were not wearing life jackets and were reported to have been suffering hypothermia.

Man Evacuated From Fishing Vessel With Arm Injury

A fisherman from the 88-foot fishing vessel KAYLA ROSE has been airlifted for medical treatment. The fisherman reportedly injured his arm and was slipping in and out of consciousness, and the crew of the vessel called the Coast Guard for emergency evacuation. The man was taken to Atlantic Regional Medical Center in New Jersey for treatment of his injuries. The circumstances of how the fisherman was injured are unknown at this time.

April 27, 2010

Warrant Issued For Deadliest Catch Crewman

A warrant was issued by King County Court for the arrest of Deadliest Catch crewman Jake Harris. One of the stars of the television series about crab fishing in Alaska, Harris, failed to appear in Seattle Court on Wednesday for a hearing related to charges of reckless driving. Previous charges of DUI and hit and run had been dropped against Harris. The lawyer for Harris told reporters for People magazine that the failure to appear for the hearing was a scheduling mistake by Harris. Harris contests the charges against him.

It is important for crewmen on all fishing vessels to clear up any pending legal matters before departing for the fishing season. Failure to appear for trials and hearings can result in arrest warrants being issued and additional charges.

April 26, 2010

Tanker Barge Explodes on Mississippi River

Saturday, a tank barge reportedly exploded at the LBC tank Terminals near Sunshine, Louisiana. Early investigation indicates the barge was loading benzene at the time of the accident. The Iberville Parish Fire department responded to the explosion and was able to bring the fire under control. Two workers were stated to have been injured in the explosion; the extent of injuries are unknown. The Coast Guard will be investigating the cause of the explosion. Water traffic remains open on the river.

Fishing Vessel MUIR MILACH Spills Diesel Oil In Bellingham

The 102-foot fishing vessel MUIR MILACH has been involved in an oil spill in Squalicum Marina. An estimated 50 gallons of diesel oil were spilled during transfer operations at the Sawtooth dock in Bellingham. A sheen of oil 100-200 yards long was on the water in the marina. Clean up efforts are underway. The Department of ecology warns that one quart of oil has the potential to foul more than 100,000 gallons of water. The MUIR MILACH was involved in a previous oil spill in 2007. The vessel was reportedly fined $7,500 for that incident.


April 21, 2010

Workers Missing in Oil Rig Explosion in Gulf of Mexico

The exact number of workers missing after an oil rig explosion in the Gulf of Mexico remains uncertain. As many as 15 workers were missing after the oil rig exploded 52 miles off the Louisiana Coast. Hope remains that the missing crewmen may be in a life raft. A number of crewmen were critically injured and transported to Baton Rouge for treatment of burn injuries. The oil platform that remains leaning and burning is reportedly owned by Transocean and is being leased to BP.

Crewmen on many oil rigs and oil platforms are covered by Federal Maritime law. Investigation into this tragic accident will be extensive.

Alaska Fish Processor Crewman Evacuated From SEA FISHER

A 23 year old crewman with internal bleeding has been airlifted from the fish processing vessel SEA FISHER. The 230-foot long fishing vessel was about 170 miles north of Dutch Harbor at the time of the incident. A Coast Guard helicopter from Cold Bay was to take the crewman to Dutch Harbor for treatment and evaluation.

One Crewman Lost in Sinking of NORTHERN BELLE - Three Survive Alaska Fishing Boat Sinking

The NORTHERN BELLE crew issued a Mayday call to the Coast Guard at 5:30 p.m. yesterday indicating they were was in trouble and needed help. The crew dawned survival suits but were unable to get into the vessel’s life raft. The Coast Guard arrived on the scene at approximately 8:00 p.m. and pulled all four crewmen from the water. One crewman was pronounced dead upon arrival in Cordova.

The Northern Belle is a 75-foot fishing vessel reportedly owned by Triton Inc. The vessel is home ported in Seattle. The accident happened in the Gulf of Alaska near Prince William Sound. The identities of the surviving crewmen have not yet been released. The casualty will be investigated by the Coast Guard.

Few safety regulations are in place to protect fishing vessel crewmen. Most safety regulations governing small commercial fishing vessels relate to survival equipment rather than preventing accidents from happening. In cases involving injuries and deaths of crewmen on fishing vessels, compensation may be paid under the Jones Act and the Death on the High Seas Act.

The Seattle maritime injury law firm of Beard Stacey & Jacobsen, LLP has extensive experience in handling maritime death and injury cases involving sinking of fishing vessels. The lawyers at Beard Stacey & Jacobsen, LLP handled the fishing vessel sinking cases of the ALEUTIAN ENTERPRISE, ARCTIC ROSE, ALASKA RANGER, KATMAI and many others.


April 20, 2010

Fishing Vessel Aground Near Huntington Beach, California

The PACIFIC BULLY, a 58-foot fishing vessel, has reportedly gone aground near Huntington Beach, California. The four crewmen aboard the vessel are all reported safe. A salvage contractor has been hired to remove the wreck and prevent the threat of pollution. The cause of the accident is currently unknown and under investigation.


Dutch Harbor Seafood Company Agrees To Pay EPA $500,000 Fine

Westward Seafoods Inc., a Dutch Harbor seafood processing plant has agreed to pay a $570,000 civil penalty to resolve alleged violations of the Clean Air Act occurring between 2002 and 2006. The EPA complaint against Westward Seafoods alleged improper use and reporting regarding the burning of 1.3 million gallons of diesel fuel and use of 80,000 pounds of ammonia. Under the terms of the settlement, Westward Seafoods will be required to create a preventive maintenance and operation plan, develop and implement an annual training plan for its employees, and develop internal plans for reporting to the federal and local environmental agencies. A spokesman for the EPA stated, “We expect companies that handle hazardous chemicals and operate diesel generators to comply with the law. This settlement is designed to put a system into place that will prevent future violations of the environment and public safety laws.”

April 19, 2010

Commercial Chinook Salmon Season To Open Off Washington and Oregon Coast

Thursday the Pacific Fisheries Management Council adopted a commercial 2010 Chinook salmon seasons for the Washington and Oregon Coasts. Under the proposal, commercial fishermen will be able to harvest 56,000 Chinook salmon north of Cape Falcon and 13,000 marked hatchery Coho. Recreational fishermen will also share in the openings which provide for a total allowable catch of 117,000 Chinook and 80,000 marked hatchery Coho. The limits reflect a higher rate of return for Chinook salmon, while the Coho season is projected to be a down year. Oregon commercial fishermen have not been permitted to harvest Chinook since 2007. The proposal calls for very limited harvest south of Cape Falcon. The Pacific Fisheries Management Council’s decision still needs final approval by NOAA, which is anticipated on May 1st.

Captain of Log Ship Charged With Operating Vessel While Intoxicated

The U.S. District Attorney has charged Seong Ug Sin, captain of a 587 Panamanian Log Ship, with operating the vessel while intoxicated. The charges stem from a Coast Guard boarding of the ship in the Straight of Juan de Fuca near Port Angles Washington. A breathalyzer test showed Sin’s alcohol level was .10, nearly three times the legal limit. Sin was charged in United States District Court in Tacoma. Sin faces a possible sentence of up to one year in jail and a $100,000 fine. No trial date has yet been set in the matter. The ship involved remained anchored until the owners could man the vessel with an appropriately licensed replacement.

Injured Fisherman With Back Injury Airlifted For Medical Care

The Coast Guard has airlifted an injured fisherman from the fishing vessel Neves. The vessel was 115 miles east of Nantucket when it radioed needing medical help for an injured crewman. No details of the accident have been provided. The crewman was flown to Massachusetts General Hospital for emergency medical care.


April 15, 2010

Ship Held to Investigate Possible Intoxication of Captain

Yesterday, the Coast Guard issued an order requiring the cargo vessel STX DAISY to remain at anchor in Port Angeles, Washington. During a routine Coast Guard boarding of the vessel in the Strait of Juan de Fuca, the Coast Guard suspected the vessel’s Master showed signs of intoxication. The 587 Panamanian flagged vessel was in route from China to Olympia to load timber. The U.S. Attorney’s office is investigating the incident for possible violation of United States laws.

April 12, 2010

TWO CALIFORNIA FISHERMEN RESCUED FROM SINKING FISHING BOAT

The 34-foot fishing vessel OREGON 350 capsized near Cape Mendocino on Thursday afternoon. Two crewmen, father and son, were rescued from the vessel by the Coast Guard. The vessel reportedly was struck by a large wave, causing the vessel to lose its electronics. After the Coast Guard evacuated one crewman by helicopter, the captain thought he could navigate the vessel to shore using his hand held car GPS system, but the vessel lost stability and capsized. A second Coast Guard helicopter was dispatched to the vessel and rescued the Captain. The Coast Guard recommends that all mariners pay close attention to weather and sea conditions off the Coast of California as conditions can change with little notice. The Coast Guard also recommends that mariners equip their vessels with backup communications and navigation equipment for use in emergencies. Remarkably sophisticated backup navigation and communication equipment can now be purchased very affordably. Every vessel should have back up electronic equipment.

April 7, 2010

SHORT OPENING SET FOR WASHINGTON COLUMBIA RIVER GILL NETTERS

Columbia River gill netters will have a brief four-hour season for Spring Chinook on Wednesday. Approximately 50-75 boats are anticipated to participate in the fishery targeting the prized fish. The market price for spring Chinook rivals that of the Copper River Salmon.

April 6, 2010

TRIDENT WORKER SUFFERS BURNS

A worker at Trident Seafoods' fish processing plant in Akutan has been medically evacuated to Anchorage after suffering second and third degree burns to his face. The accident reportedly happened when a paint can exploded in an incinerator.

April 1, 2010

INJURED CREWMAN AIRLIFTED FROM OCEAN PEACE

A fish processor cleaning machinery aboard the Alaska factory trawler Ocean Peace was seriously injured on Tuesday. Joemar Lontoc was airlifted from the vessel by a Coast Guard helicopter, and he has been transferred to Anchorage for emergency medical care. The accident happened 100 miles west of Adak Island.

Serious injury accidents involving fish processing equipment occur too frequently aboard Alaska Factory trawlers. Crewmen must be properly trained and supervised in safely operating such equipment. The Fishing Vessel Safety Act requires most fish processing equipment to be properly guarded to prevent hands and feet from getting into blades, augers, and shafts. Failure to properly guard fish processing equipment may render a vessel unseaworthy. Lock out tag out procedures should be followed by crewmen when the fish processing equipment is being cleaned and repaired. Crewmen injured as result of improperly guarded machinery, defective equipment, improper training, or negligence of a fellow crewman have claims under the Jones Act and the general maritime law.