Articles Posted in Jones Act Law

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Vesta_Renee-1-300x161A prompt U.S. Coast Guard response saved three fishermen’s lives off the coast of Boothbay Harbor, Maine, on Wednesday March 11th, 2026, after the 40-foot F/V VESTA RENEE sank approximately 23 miles offshore.

The distress call came in at 7:03 a.m., when the crew radioed U.S. Coast Guard Sector Northern New England on VHF Channel 16. The vessel was taking on water fast, and the mariners made the decision to abandon ship.

Within ten minutes of receiving the mayday, the U.S. Coast Guard had launched a 47-foot motor lifeboat from Station Boothbay Harbor, an HC-144 Ocean Sentry aircraft, and an MH-60 Jayhawk helicopter crew from Air Station Cape Cod. Rescuers also asked the fishermen to activate their Emergency Position Indicating Radio Beacon (EPIRB), a critical step that helped pinpoint the crew’s location in open water.

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Alaska_Fishingboats-300x162Before any commercial fishing vessel leaves the dock in Alaska, Washington, Oregon, or California, captains perform an essential task; they check the weather forecast. Marine forecasts, buoy data, and storm advisories determine whether a crew goes out. That information comes from a federal infrastructure system most fishermen take for granted, until it breaks down.

Federal budget conflicts in Washington, D.C. have consequences that reach beyond the capital. For commercial fishermen, cuts to the National Oceanic and Atmospheric Administration (NOAA) and the National Weather Service (NWS) create real safety hazards on the water.

Since early 2025, hundreds of NWS and NOAA employees have left due to layoffs and attrition. About 40% of the nation’s 122 weather forecast offices now carry significant staffing vacancies, and at least eight are unable to maintain 24-hour coverage. As Tom Fahy of the National Weather Service Employees Organization noted, “This has never happened before. We’ve always been an agency that has provided 24/7 service to the American public.” Five former NWS directors issued a joint warning to Congress: “Our worst nightmare is that weather forecast offices will be so understaffed that there will be needless loss of life.”

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Boot-e1573002489495-196x300If you were hurt while working on a commercial fishing boat, you might have questions about your legal rights and protections. Unlike most land-based workers, commercial fishermen typically cannot access state workers’ compensation benefits. Instead, your rights fall under Federal Maritime Law and the Jones Act, legal frameworks specifically designed to protect maritime workers.

What Makes Federal Maritime Law Different?

Federal Maritime Law shares some similarities with traditional workers’ compensation systems, but it offers several distinct advantages for injured workers. When a commercial fisherman suffers an injury due to negligence or an unseaworthy vessel, they have legal recourse through both the Jones Act and General Maritime Law.

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Great_Pacific-300x143On October 27, 2025, the F/V GREAT PACIFIC, a 134-foot U.S. fishing trawler carrying five crew members, lost power approximately 100 miles south of Yakutat, Alaska. The vessel suffered a broken drive shaft, leaving it dead in the water and adrift in rough 30-foot seas.

The crew contacted the U.S. Coast Guard, which dispatched the USCGC JOHN WITHERSPOON to assist. On October 29th, the U.S. Coast Guard cutter successfully took the disabled fishing vessel in tow. However, as the USCGC JOHN WITHERSPOON towed the F/V GREAT PACIFIC near Kayak Island, the Coast Guard cutter itself suffered a main engine failure. Unable to maintain the tow, the cutter was forced to release the tow line, leaving the F/V GREAT PACIFIC unmanned and adrift in the Gulf of Alaska.

All five crew members were evacuated by the U.S. Coast Guard, but the F/V GREAT PACIFIC drifted without anyone aboard for five days across the Gulf of Alaska. During this period, the Marine Exchange of Alaska operations center in Juneau monitored the vessel’s movements closely, tracking its position and alerting other ships around the drifting vessel.

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Polar_Star-300x200The waiver of the Jones Act which allows Finland to construct four Arctic Security Cutters for the U.S. Coast Guard represents a significant point at which Arctic geopolitics, fishing rights, and maritime policy intersect. This crucial decision highlights the challenges arising from longstanding protective laws and the conditions presented by the rapid changes to the Arctic Ocean.

As Arctic sea ice recedes to record lows each year, previously inaccessible areas are opening to human economic activity which include commercial fishing in waters once covered by permanent ice. The Arctic region also contains approximately 13 percent of the world’s oil, about a third of the world’s natural gas, and rare earth minerals on the sea floor. Warming waters, shifting fish migration patterns, and longer ice free seasons are driving commercial fishery growth in areas like the U.S. Arctic Exclusive Economic Zone, as fish ranges expand into the newly exposed central Arctic Ocean.

The Merchant Marine Act of 1920, commonly known as the Jones Act, requires that ships operating between U.S. ports must be American built, flagged, and crewed. Originally devised to bolster the Merchant Marine fleet after the First World War, the Jones Act has become the support system for domestic commercial shipbuilding. However, this measure has created some obstacles for Arctic operations.

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Tugboat-holly-ann-sebastien-goldberg-unsplash-300x200Tugboats are essential for guiding large vessels into ports, assisting with construction projects, and supporting many marine operations. The crews who navigate these powerful vessels face unique hazards daily, from treacherous weather and heavy machinery to long hours and unpredictable conditions. When accidents happen, and a tugboat worker is injured, it is imperative that the worker understand their legal rights and the specific protections available.

Unlike shore workers who are covered by state workers’ compensation laws, injured tugboat workers fall under a distinct and more favorable set of federal maritime laws. The most significant of these is the Jones Act. This landmark legislation, officially known as the Merchant Marine Act of 1920, offers a powerful legal avenue for injured seamen to seek compensation from their employers.

The Jones Act is Essential Protection

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Tugboat_CA-300x225The Jones Act, or the Merchant Marine Act of 1920, grants maritime workers the right to pursue a claim against their employer for negligence if an injury occurs during their employment. Unlike traditional workers’ compensation, the Jones Act is a fault-based statute. This means that to succeed in a claim, the injured worker must show that their employer’s negligence or the negligence of a fellow crewmember directly contributed to the injury.

What an Employer Can Do in a Jones Act Claim

Upon notification of a maritime injury, an employer is entitled to undertake several actions as part of their investigation and defense:

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Alaska_fishermen_working_with_net-300x225Alaska’s commercial fishing industry, a significant part of the state’s economy, involves working in challenging marine environments. The pursuit of seafood means confronting hazardous conditions, which leads to injuries and fatalities each year. But it doesn’t have to be this way. Understanding the safety measures in place and the legal avenues available, such as the Jones Act, is important for those working at sea.

Working as a commercial fisherman in Alaska carries a greater risk of injury and death than many other jobs. Several factors contribute to these risks:

  • Challenging Weather and Icing: Alaska’s marine weather can change quickly. Sudden storms, strong winds, and large waves can make fishing difficult. Ice accumulating on vessels, particularly during colder seasons, can affect a boat’s stability.
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NomeAlaskaUSCG-300x186A single-engine turboprop Cessna Caravan, operated by Bering Air, was en route from Unalakleet to Nome on Thursday February 6th, 2025, when it vanished from radar. It was a regularly scheduled commuter flight. The aircraft went missing about 30 miles southeast of Nome, with contact lost less than an hour after departure.

The aircraft “experienced some kind of event which caused them to experience a rapid loss in elevation and a rapid loss in speed” said U.S. Coast Guard Lt. Commander Benjamin McIntyre-Coble in a statement.

Search efforts intensified on Friday, with rescuers locating the wreckage after an extensive operation involving local, state, and federal agencies. The plane was found by helicopter, and crews began racing to recover the wreckage and the remains of the victims on Saturday, braving anticipated snow and high winds.

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MH-Dolphin_Hover-300x200The U.S. Coast Guard’s Sector Honolulu command center received a medevac request at 4:57 p.m. on Monday, October 21, 2024, after notification that a 35-year-old crew member was experiencing severe abdominal pain. The F/V PACIFIC DRAGON II, was located approximately 78 miles northeast of Kahului, Maui at the time of the call.

An MH-65 Dolphin helicopter crew from U.S. Coast Guard Air Station Barbers Point was dispatched to locate the vessel and evacuate the distressed fisherman. The helicopter reached the scene at approximately 4:00 a.m. on Tuesday, October 22nd, 2024, and transported the crewmember to Maui Memorial Medical Center in Wailuku.

“Watchstanders consulted with the duty flight surgeon, who recommended a medevac,” said a released statement, underscoring the urgency of the medical situation.

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