Maritime Injury Law Blog

Despite warming air temperatures in the summer months, summer water temperatures in Washington State average just 55 degrees. These low water temperatures carry a high risk of hypothermia and drowning. As the human body enters cold water, it becomes shocked. The body instinctively gasps for air, increasing the danger of swallowing too much water which may lead to drowning. Blood pressure and heart rate also greatly increase as the body is shocked. This can trigger panic, hyperventilation and cardiac arrest. Furthermore, in this state of shock, the human body naturally takes blood flow from the arms and legs and puts it to the core to warm the center of the body, which poses risks of muscle failure and inability to swim. The Coast Guard reminds all boaters of these very real risks, and urges boaters to take caution during the busiest months on the water. It is essential to realize that the dangers of the cold water exist even in the otherwise warm weather.

Federal regulators proposed new commercial fishing restrictions in the Aleutian Islands last month in an attempt to aid the declining population of the Steller sea lion. The federal Marine Fisheries Service plans to close all commercial fishing for Atka mackerel and Pacific cod around Attu, the farthest island in the Aleutian chain. It also proposed restrictions but not a complete ban for the same fish in the central islands of the chain, west of Dutch Harbor. The fisheries service stated the closures are needed to reduce the competition between fishermen and sea lions in search of food.

Continue reading "Obama Administration Enacts Restrictions on Fishing to Reverse Decline of Aleutian Sea Lion" »

On Thursday morning, Sept. 2, an oil platform in the Gulf of Mexico caught fire, forcing its 13 crew members overboard into the sea. The workers who had been aboard were spotted from a helicopter, huddled together and floating in protective suits a mile from the platform. An offshore supply vessel called the Crystal Clear picked the crew members up and brought them to a nearby platform where they were later taken to land by helicopter.

Continue reading "Another Oil Platform Explosion In The Gulf" »

Trident Seafoods has announced the purchase of Icicle Seafoods’ surimi seafood plant in Bellingham, Washington. The sale is scheduled to close on August 16, 2010. Trident is recognized as one of the largest seafood companies in North America. The transaction is part of Trident’s plan to expand its retail presence and become more vertically integrated. Trident harvests, processes and markets a wide range of products including pollock, salmon, crab, and cod. The most recognizable surimi product consumed in the United States is artificial crab and lobster. Trident targets fisheries in the Bering Sea, Gulf of Alaska, and off the coasts of Washington and Oregon. Icicle has indicated the proceeds of the sale will be reinvested in the company.

Highland Light Seafoods, a Seattle Seafood Processor headquartered in Seattle, has agreed to pay a $135,00 penalty for violations of the Clean Water Act. The violations stem from an inspection of the 160 foot WESTWARD WIND in December of 2008 and involve multiple alleged violations over a five year period. The EPA charged that the WESTWARD WIND was not in compliance with its National Pollutant Discharge Elimination System permit (NPDES). Allegations included improper discharges of waste product, failure to maintain records, excessive discharges of waste. A Spokesman for the EPA stated that “monitoring is the cornerstone of the NPDES Program and provides real time input for the company on the effectiveness of its operation. Using monitoring to improve operations is an important step in reducing the effects of discharge on the environment.

Looking out the window of the maritime law office of Beard Stacey & Jacobsen, LLP, it was impossible to miss two of the Deadliest Catch featured crab boats tied up in front of its office. Both the ROLLO and the KODIAK have been docked at the west wall of Fisherman’s Terminal since yesterday. The west wall of Fisherman’s Terminal serves as the last stop for many Alaska fishing boats to make their final preparation before heading north to Alaska. Beard Stacey & Jacobsen’s office is located at Fisherman’s Terminal in Seattle to better serve its clients. The firm represents maritime workers of Alaska, Washington and Oregon, and you can’t do that from an office in Houston, Boston or New Orleans. Based upon 25 years of experience representing fishermen in the Pacific Northwest, the lawyers at Beard Stacey & Jacobsen understand fishermen, they know how fishing accidents happen, and they know how those accidents can be prevented. They have successfully represented thousands of clients who have been injured working aboard ships in Alaska, Washington and Oregon. They have recovered millions dollars in compensation for their clients located throughout the United States.

A Hong Kong flagged bulk carrier, LUZON STRAIT, lost engine and generator power outside the entrance to the Columbia River Bar on Thursday. The Columbia River Bar pilot on board the ship was able to safely anchor the vessel outside the shipping channel. The cause of the loss of power was unknown, but the vessel was able to troubleshoot the problem and regain power. A marine inspector has been dispatched to investigate the cause of the mechanical problem and conduct sea trials before determining whether or not the vessel can safely continue to its intended port of call in Portland, Oregon.

High Seas and winds caused a tow line to snap on a 330-foot barge being towed ten miles west of the entrance to the Columbia River Bar. The tug boat MIKI HANA called the Coast Guard to report it had lost control of the barge which was carrying 700,000 pounds of construction materials. The tug requested the Coast Guard’s presence on the scene due to the high danger involved in working in 20 foot seas and high winds. After a three hour battle, the MIKI HANA was reportedly able to regain control of the barge using an Orville Hook. A helicopter crew from Astoria Air Station responded to the MIKI HANA’s call for assistance.

Yesterday, Coastal Villages Region Fund, in a deal with fishing giant American Seafoods, has acquired the 341-foot Alaska pollock factory trawler and three Alaska freezer longliners, the LILLI ANN, NORTH CAPE, and DEEP PACIFIC. In exchange for the vessels and their quota shares, Coastal Villages Region Fund will give up its equity interest in American Seafoods. The Coastal Villages Region Fund had utilized its Community Develop Quota to obtain an equity interest in American Seafoods. The deal for American Seafoods was financed by Bank of America and reportedly involves $750 million in refinancing. Coastal Villages Region Fund has indicated it wishes to move the home port of the NORTHERN HAWK and the other vessel from Seattle to Alaska.

The four vessels employ approximately 200 crewmen during the season. It is unknown how the purchase will impact current crewmen’s jobs.

The 82-foot fishing vessel, Sea Clipper, suddenly rolled and began taking on water Sunday about 13 miles out of Humboldt Bay. The vessel’s fishing gear apparently snagged on the bottom causing the vessel to roll 90 degrees and begin taking on water. The Captain of the vessel immediately issued a May Day call on channel sixteen, setting a Coast Guard rescue effort in motion. The crew of the vessel donned survival suits and launched their survival craft, however, they were able to cut the snagged net free and get the vessel righted. When the Coast Guard arrived on the scene the Sea Clipper’s decks were flooded. With additional pumps provided by the Coast Guard, the Sea Clipper was able to pump out its compartments and start making its way back to Humboldt Bay. Also responding to the May Day call were two good Samaritan vessels, the Lion and the Pacific Ram.

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.

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.

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.

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.

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.”

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.

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.

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.

March 27, 2010 - A 32 foot recreational vessel exploded at a Portland Oregon fuel dock. Three people were rescued from the water and transported to local hospitals for treatment. The Coast Guard and the Portland Fire Department responded to the accident which occurred at Donaldson’s Marina. The cause of the explosion is under investigation.

A 712-foot container ship en route from Dutch Harbor, Alaska to Tacoma, Washington has lost power in the Strait of Juan de Fuca. The Horizon Tacoma experienced problems with its number one engine, and shut down the engine three nautical miles north of Neah Bay on Tuesday. A state emergency response tug was sent to aid the ailing ship, and was on the scene within 15 minutes. Under tow by Foss tugs, the container ship is en route to Tacoma for needed repairs.

The state-of-the-art, 207-foot-long tuna vessel, Sea Fox, is reporting a man missing overboard near American Samoa. The crewman was last seen aboard the vessel on Thursday. The Coast Guard and Sea Fox crew are conducting air searches for the missing man. It is not known whether the crewman was wearing a life vest or flotation device. Records indicate the Sea Fox is managed by South Pacific Tuna Corporation and United States Tuna Management Company, home-based in San Diego, California.

American Seafoods has been ordered to produce the Northern Hawk for inspection by an injured seaman. The matter arises out of a plate freezer accident on board the Northern Hawk in 2008. American Seafoods had refused to allow the inspection unless the injured seaman first agreed to have his deposition taken. Under Washington Court rules there is no priority given to a vessel owner permitting them to take a deposition prior to responding to discovery requests. In this case, the injured seaman had been seeking to inspect the vessel for many months prior to American Seafoods requesting the crewman’s deposition. The Court ordered American Seafoods to produce the Northern Hawk at a mutually agreeable time prior to the vessel departing for 2010 Pollock season, and that the seaman’s deposition was to be conducted only after the vessel inspection. The Court further held that the seaman and his legal experts did not need to sign liability waivers as a condition of inspecting the vessels. American Seafoods will be required to operate and allow measurement of the plate freezer and the plate freezer controls during the inspection. The seaman will be required to reimburse American Seafoods sixty dollars for operating the plate freezers during the vessel inspection. The seaman was represented by Beard Stacey & Jacobsen. The case is Sanchez v. American Seafoods, King County Cause No. 09-2-12715-8-SEA.

In cases involving serious personal injury, the inspection of the vessel by experts selected by the injured seaman’s lawyers is a critical piece of the process of evidence gathering. It is important that all machinery be operational at the time of the inspection and that the accident site be fully photographed and videotaped. What type of experts conduct the inspection is dependent upon the type of equipment and injuries involved. It is important to document the accident site before changes are made to the ship’s equipment involved in the accident.

Three Alaska fishing vessels have been ordered by the United States Coast Guard to return to port for violations of safety regulations. One of the vessels had an expired life raft and the other two vessels lacked primary safety devices. Two of the vessels also had expired documentation. Two of the vessels were home ported in Craig, Alaska and the third vessel was from Klawock.

Coast Guard regulations require life rafts to be repacked annually and the hydrostatic releases must be regularly replaced and serviced. The Coast Guard conducts random vessel inspections of commercial fishing vessels. Remarkably, fishing vessels have few safety regulations that apply to them yet fishing vessels such as these still fail to comply with basic regulations relating to life saving equipment. In the past twenty years, epirbs, life rafts, and survival suits have allowed crewmen to survive many vessel sinkings. These three cited vessels will have to prove compliance with Coast Guard regulations before they can return to sea. Voluntary dockside safety inspections are available from the Coat Guard to all commercial fishing vessels.

Failure to maintain life safety equipment may render a vessel unseaworthy and result in imposition of liability in cases involving injuries and wrongful deaths.

The U.S. Coast Guard issued a notice setting the minimum random drug testing rate for covered crewmembers on U.S. vessels for the year 2010 at 50%. Employees involved in serious marine incidents involving injuries, loss of life, collisions, sinkings, etc. must also be tested for drug and alcohol within two hours of the accident

Under 46 CFR 16.230, the Coast Guard requires marine employers to establish random drug testing programs for covered crewmembers on inspected and uninspected vessels.

Every marine employer is required by 46 CFR 16.500 to collect and maintain a record of drug testing program data for each calendar year, and submit this data by 15 March of the following year to the Coast Guard in an annual MIS report. Marine employers may either submit their own MIS reports or have a consortium or other employer representative submit the data in a consolidated MIS report.

The purpose of setting a minimum random drug testing rate is to assist the Coast Guard in analyzing its current approach for deterring and detecting illegal drug abuse in the maritime industry. The testing rate for calendar year 2010 is 50 percent.

The Coast Guard may lower this rate if, for two consecutive years, the drug test positive rate is less than 1.0 percent, in accordance with 46 CFR part 16.230(f)(2).

Since 2008 MIS data indicates that the positive rate is greater than one percent industry wide (1.53 percent), the Coast Guard announces that the minimum random drug testing rate will continue at 50 percent of covered employees for the period of January 1, 2010 through December 31, 2010 in accordance with 46 CFR 16.230(e).

Each year, the Coast Guard will publish a notice reporting the results of random drug testing for the previous calendar year's MIS data and the minimum annual percentage rate for random drug testing for the next calendar year.

The 32 foot limit on salmon drift boats in Bristol Bay will stay in place. The Alaska Board of Fisheries failed to pass a proposal to repeal the 32 foot limit during its December, 2009 meeting in Anchorage. The board vote on the proposal was deadlocked at 3-3 with one board member abstaining. Supporters advocating the increase in the length argued that larger vessels would permit flooded fish holds and chilling systems to be installed thereby increasing a higher quality product. Alaska permit holders generally opposed the proposal and thought that a larger boat base might come to dominate the fishery. A similar proposal to eliminate the 32 foot restriction was rejected in 2006.

The Government Accounting Office has upheld an appeal of the National Oceanic and Atmospheric Administration’s, ( NOAA), decision to relocate its home port from Seattle to Newport. The decision to appeal the move was made by the Port of Bellingham who claimed that NOAA did not consider the fact that the Newport location was within the 100 year flood plain of the Yaquina River and therefore violated Federal rules for construction of new facilities.

The 20 year lease at stake is for the home port of four NOAA research ships that begins in 2011 and is worth in excess of $40 million dollars. The NOAA home port involves an estimated 78 shoreside employees and up to 178 researchers aboard the vessel. However, the home port location would also support and employ numerous related private industries. The NOAA center had been previously located in Seattle for the past sixty years.

NOAA has indicated that they will work with Government Accounting Office to alleviate their concerns over the Newport location. Don Mann, manager of the Port of Newport, has indicated that work is continuing ahead on the project and that the Port has hired various contractors and engineers to start work on the new Newport facility. Newport’s rent bid of $2.5 million for the NOAA site was substantially less than the Port of Bellingham’s $4 million dollar per year bid.

The crewman who was lost overboard the crab fishing boat BALLAD has been identified as Steve Neva of Ilwaco, Washington. Clatsop County recovery divers found Neva’s body caught in crab gear and lines wrapped in the propellor shaft. Evidence indicates that he was trapped beneath vessel. There was no indication that Neva had been injured by the vessel’s propeller.

Chinook, Washington crab fisherman David Lethin has ownership interest in the BALLAD. Lethin owns multiple other vessels including the ALEUTIAN BALLAD which is now be utilized in the Alaska trade to show tourists a working crab boat. Lethin’s vessels have also been highlighed in the Discovery Channel’s Deadliest Catch television show.

Heavy winds and high seas led the Coast Guard to close the Colombia River, Tillamook Bay, and Grays Harbor River bars over the weekend due to hazardous sea conditions. The bar closures were for all vessels. Information about bar conditions are available from the Coast Guard on VHF-FM channel 16. The bars were to remain closed until weather conditions improved. The Washington and Oregon bars are extremely hazardous, with the Columbia River Bar aptly named the “graveyard of the Pacific” because of the many casualties that have occurred there.

In mid-November, in a U.S. Federal Bankruptcy proceeding, Trident Seafoods lost a bid to purchase a Fish Processing Facility on Adak Island in Alaska. Trident was out bid by a competing purchaser, Adak Fisheries, who bid $488,000 plus assumption of $6.7 million dollars in pending bank loans. Trident reportedly offered $2 million but was unwilling to take on the debt as part of their bid. The deal may make it possible for the plant to open as early as January 2010.

The United States Coast Guard rescued five people after their boat hit a breakwall in Milwaukee late Sunday night. The vessel was traveling at McKinley Marina when they struck the wall at 20 mph. When the Coast Guard arrived, three women and one man were holding on to the bow of the vessel. The other passenger was floating unconscious about ten feet away from the vessel. All were taken by the marina’s emergency medical services to two different hospitals to treat the various degrees of injuries. They were not wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, LLP urges all mariners to use extreme caution when boating at night and to wear all proper safety equipment, especially life jackets. The maritime lawyers at BSTJ, LLP represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

The U.S. is prepared to spend $50 million of the allocated federal stimulus money to help fish farmers who have been hit by a 50% increase in feed prices last year. These funds are designed to aid fish farmers all across the country. According to the Associated Press, the funds would “provide algae to nourish clam and oyster larvae along the Pacific coast, fill the bellies of tilapia in Arizona and feed catfish, trout and game fish in the Midwest and South.”
Many supporters of this allocation of funds believe the stimulus will help preserve the jobs that would have been lost because of the increased feed prices. Alaska spends $20 million a year of fish feed for its 35 salmon farm fisheries alone. The feed, however, comes from South America, something many “buy American” spokespeople hope will change, especially considering the potential annual sale of $170 million worth of fish oil and meal production.
While the Lawyers at Beard Stacey Trueb & Jacobsen, LLP certainly support federal efforts to help working people, we would like to express our strong support for naturally raised and caught fish. The maritime lawyers at BSTJ, LLP represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

A 2006 report regarding commercial fishing fatalities has pinpointed Pacific Coast fisheries as one of the most dangerous places to work in the country. This report, written by the Center for Disease Control (CDC), reveals an average annual fatality rate of 115 deaths per 100,000 fishermen, more than 28 times the national fatality rate of 4 deaths per 100,000 average U.S. workers. The average annual fatality rate for Washington, Oregon and California, however, was more than double the annual rate of fishermen deaths at 238 deaths per 100,000 fishermen. The leading cause of these fatalities is weather conditions, including large waves and subsequent flooding. None of persons whose deaths resulted from vessel loss were able to enter a functioning life raft, either because of the inadequate size, location or condition of the life raft.
While commercial fishing has long been associated with high fatality rates, this report is the first to identify extremely dangerous Pacific Coast fisheries outside of Alaska, whose fatality rate has dropped significantly to 107 deaths per 100,000 fishermen. While Alaska’s Bering Sea crab fishery has been described as the most dangerous fishery on the Pacific Coast, data from this report indicates that the Northwest Dungeness crab fleet had a greater number of fatalities and a higher fatality rate during 2000-2006. Many attribute such a dramatic change in the fatality rate to the significant safety improvements made in Alaskan fisheries during the 1990s. These safety improvements included requirements for emergency gear, development of hands-on safety training, and tailoring safety interventions addressing specific hazards for particular fishing fleets.
Such impressive results have many seeking similar requirements on all Pacific Coast fisheries. The CDC is particularly concerned regarding the lack of use of life rafts and immersion suits, likely contributed to a survival rate of 94% among commercial fisherman aboard Alaskan vessels that capsized during 1997-1999. The CDC determined that, during 1992-2004, survivors of vessel sinkings in Alaska were approximately seven times more likely to have worn an immersion suit and 15 times more likely to have used a life raft that the decedents. It is for these reasons that the CDC is attempting to add emphasis on formal marine safety training in the deployment and use of life rafts and immersion suits in the Pacific Coast fisheries. Another suggestion by the CDC to improve the fatality rate is the implementation of a safety program tailored to the Dungeness crab fleet, which would reduce deaths in the Northwest Dungeness crab fishery.
The law offices of Beard, Stacey, Trueb & Jacobsen would like to urge all seamen to wear appropriate safety equipment and complete the correct safety training, as these statistics have demonstrated their life-saving effects. We would also urge all vessel owners to properly equip their vessels with appropriate equipment such as functioning life rafts.

The United States Coast Guard reports that they have received a Mayday call for the 58-foot commercial fishing vessel, ICY MIST. The fishing vessels Arctic Fox and Norther Glacier relayed the early morning Mayday call to the Coast Guard, reporting that the ICY MIST was taking on water. The vessel is reportedly grounded on the shore of Akutan Island, and is in danger of breaking up. Akutan is a remote island approximately 80 miles east of Dutch Harbor. Four crewmen are reportedly on board the vessel. The Coast Guard Cutter Monroe, and two Jayhawk helicopters are en route to assist the vessel.