Maritime Injury Law Blog

Published on: September 3, 2024

Six Fishermen Saved by Personal Locator Beacon

A group of fishermen stranded in the remote Western Pacific were recently rescued, thanks in large part to a personal locator beacon they had with them, according to a U.S. Coast Guard search coordinator.

According to a news release from the U.S. Coast Guard Sector Guam, the six fishermen became stranded about 30 miles north of Satawal Atoll in the Caroline Islands when their engine failed at approximately 9 a.m. on August 17, 2024. The fishermen activated a personal locator beacon (PLB), sending a distress signal that transmitted their location to the Joint Rescue Sub-Center Guam, over 430 miles away.

The distress signal was relayed to the USCGC OLIVER HENRY, which was on patrol approximately 270 miles northeast of the fishermen, as well as the Panamanian-flagged cargo vessel ZHONG YU MARINE, a 97-meter cargo vessel located about 160 miles north of the stranded boat. Despite challenging conditions, including the remote location, thunderstorms, and low visibility, both ships reached the search area by 3 a.m. on August 18, 2024. The distressed fishing vessel was located, then towed to a nearby atoll.

Published on: August 27, 2024

Commercial Fishing and Expanded Functionality for Vessels

by Joseph Stacey

Commercial fishing is currently facing a range of challenges that include overfishing, climate change, illegal fishing that is depleting stocks, regulatory changes, and economic changes that include higher fuel prices, equipment costs, and labor costs. In response, commercial fishermen are increasingly pivoting to adapt. Fishermen are also investing in advanced technology and collaborative efforts to enhance resource management and ensure the long-term viability of their operations amid growing pressures on seafood resources.

One way fishers are successfully pivoting is by outfitting their vessels to expand functionality. John Schumacher founded Distinctive Finishes, a business located in Haines, Alaska, as a response to the growing need for versatile fishing equipment. It became clear to John and others that relying solely on salmon and crab fishing was no longer financially sustainable for many fishermen.

Distinctive Finishes is nearing completion on the overhaul of the F/V DAB CHICK, a 53-year-old 34-foot crabber and gillnetter. Once the project is finished, the F/V DAB CHICK will be equipped for longlining, trolling, gillnetting, and crabbing. This opens many more fishing options for the vessel owner.

Published on: August 25, 2024

Fisherman Sustains Severe Burns on the F/V Mariah K

by Nigel Stacey

On August 20, 2024, a fishing vessel caught fire about 50 miles off the coast of Brookings, Oregon. The MARIAH K was carrying three fishermen at the time of the blaze. Crew member Emanuel Silveira is currently in critical condition after suffering severe burns.

According to Petty Officer Briana Carter of the U.S. Coast Guard 13th District, the fire was reported by the nearby sportfishing vessel, ELI’S TIDE at approximately 8 p.m. The crew of ELI’S TIDE also assisted with rescue efforts.

The three fishermen jumped overboard and were rescued by a 47-foot motor lifeboat from the Chetco River Coast Guard Station. One rescued crewmember required a medevac by the Coast Guard Sector Humboldt Bay aircrew, and all three were transported to UCSF Health Saint Francis Hospital in San Francisco. The cause of the fire remains under investigation.

Published on: August 20, 2024

Coast Guard to Purchase Polar Icebreaker Aiviq

by Joseph Stacey

The U.S. Coast Guard has confirmed plans to purchase a commercial icebreaker and deploy it in Juneau, Alaska, the agency announced on Wednesday, August 14, 2024. This decision follows an earlier preliminary announcement and comes just days after the HEALY, a 27-year-old icebreaker, was forced to abandon its Arctic mission due to an electrical fire.

Currently, the U.S. Coast Guard operates only two icebreakers. The HEALY’S sister ship, the POLAR STAR, is dedicated to maintaining sea lanes in Antarctica, which are crucial for resupplying American research stations. The U.S. Navy, notably, does not have any icebreakers in its fleet, leaving the U.S. Coast Guard as the sole operator of these essential vessels.

Alaska’s congressional delegation has long advocated for increased funding to allow the U.S. Coast Guard to expand its fleet of icebreakers, stressing the importance of these ships for both Arctic and Antarctic operations.

Published on: August 13, 2024

American Seafoods Opens $150K Grant Program for Western Alaska

by Nigel Stacey

American Seafoods Group, the largest at-sea processor of wild Alaska pollock and hake in the United States, has reintroduced its grant program under a new name: The American Seafoods Community Partnership Program.

Based in Seattle, Washington, the company recently announced the relaunch, indicating a significant expansion in its support of organizations in Western Alaska. The revamped program will offer twice the previous amount in grant funding. Annual donations will jump from $90,000 to $150,000, with $75,000 to be distributed biannually. These grants will focus on community projects that address critical issues such as food security and other local needs.

The initiative, which has been in place since 1997, has already provided over $2 million to various organizations and programs across the state. American Seafoods CEO Einar Gustafsson emphasized the importance of this initiative, explaining that it originated in the 1990s out of a desire to support Alaskan communities.

Published on: August 13, 2024

U.S. Coast Guard Rescues 6 After Mayday Call from Burning Fishing Vessel

by Joseph Stacey

On Sunday August 11^th, 2024, at 8:56 p.m., the U.S. Coast Guard Sector Northern New England command center watchstanders received a mayday call from the F/V THREE GIRLS stating that the vessel was on fire, and all aboard were preparing to abandon ship. The vessel was located about 105 nautical miles east of Portsmouth, New Hampshire at the time of the incident.

The First Coast Guard District command center also received an Emergency Position Indicating Radio Beacon (EPIRB) alert from the vessel. The trawler was carrying six people, including a NOAA fishery observer.

At 9 p.m., Sector Northern New England diverted the USCGC William Chadwick, a fast response cutter, to respond. An MH-60 Jayhawk aircrew and a HC-144 Ocean Sentry aircrew from the U.S. Coast Guard Air Station Cape Cod was also launched in an effort to provide aerial support.

Published on: August 6, 2024

Salmon Advocates Alarmed after Yukon River Cyanide Spill

by Nigel Stacey

Salmon advocates are expressing grave concerns after a recent cyanide spill at Victoria Gold’s Eagle Mine, fearing that the pollution, which has not been fully contained, could harm the Yukon River’s already struggling salmon populations.

Following a major equipment failure at Victoria Gold’s Eagle Mine, the Government of Yukon has taken charge of a comprehensive cleanup effort. The accident, which occurred on June 24, 2024, resulted in the release of nearly 10.54 million cubic feet of cyanide solution into the Stewart Watershed, a crucial segment of the Yukon River’s extensive network. This incident has sparked widespread concern about its potential long-term environmental impact in both the United States and Canada.

The spill, equivalent to the volume of over 120 Olympic-sized swimming pools, poses a severe threat to the ecosystem. Yukon officials have confirmed that extensive monitoring will be required to assess and mitigate the damage caused by the cyanide, a substance known for its toxicity to salmon and other aquatic life. Within ten days of the spill, elevated cyanide levels were detected in a nearby creek, raising warnings among environmentalists and local authorities.

Published on: July 30, 2024

The Supreme Court Trawl Bycatch Decision

by Joseph Stacey

On July 24, 2024, the U.S. Supreme Court issued a ruling that could reshape fisheries management in Alaska. The decision, centered on trawl bycatch practices, underscores the ongoing tension between environmental conservation and commercial interests. By invoking the legal principle of Chevron deference, the Court has mandated stricter regulations on bycatch, which could have significant implications for both marine ecosystems and the fishing industry.

The case was brought forth by a coalition of environmental groups and Alaskan tribes, who argued that the National Marine Fisheries Service (NMFS) was not adequately regulating bycatch under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Bycatch is defined as the unintentional capture of non-target species during commercial fishing, which can result in substantial ecological harm. The plaintiffs contended that the NMFS’s regulations were insufficient to protect fish populations and the broader marine environment.

Chevron deference, a principle derived from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., played a crucial role in this decision. Chevron deference dictates that courts should defer to a federal agency’s interpretation of ambiguous statutory language, as long as that interpretation is reasonable. In this case, the Supreme Court evaluated whether the NMFS’s interpretation of the MSA was reasonable and whether it sufficiently addressed the issue of bycatch.

Published on: July 23, 2024

Bristol Bay Sockeye Season Sees Citation Spike

by Joseph Stacey

Commercial fishing citations are on the rise this Bristol Bay sockeye season. As the sockeye run begins, Alaska State Troopers from all over gather to patrol and ensure that commercial fishers are following all rules and regulations. With so many regulations in place, some waters are closed at certain times while others remain open.

According to Alaska State Troopers, most of the violations are occurring in areas that are currently closed, and additional troopers are being brought in from Kodiak and other parts of western Alaska for this special enforcement period.

The Bristol Bay sockeye salmon industry brings in approximately $2.2 billion every year. This season, over 1,500 commercial fishing boats are registered in the bay, all vying for the 2024 catch. In a surprising move, Silver Bay Seafoods set a pre-season price for Bristol Bay sockeye. They announced that fishers bringing chilled fish to their processing facility would earn $1.10 per pound, with an additional bonus for bled fish.

Published on: July 16, 2024

Disaster Relief Applications Due August 24th

by Nigel Stacey

Federal disaster relief is coming to help many commercial fishing permit-holders. The Pacific States Marine Fisheries Commission (PSMFC) will be administering the payments of three federal awards. For more information, you can visit their current disasters page.

Permit-holders and processors need to submit their applications to the PSMFC in Portland, Oregon or upload applications through the online portal before August 24th. Crew and subsistence users have until September 28th to submit their applications.

The PSMFC mailed out applications on June 26th, 2024. If you have not received a hard copy, email AKFishDisaster@psmfc.org to request an electronic copy. Once you have completed the application, you may either mail it to the commission or upload it online.