Maritime News & Law

Published on: November 7, 2023

Conception Vessel Captain Found Guilty of Negligence in Fire that Killed 34

On the afternoon of November 6th, 2023, a federal court jury in Los Angeles found Jerry Nehl Boylan, the captain of the M/V CONCEPTION, guilty of gross negligence in the tragic maritime incident that claimed the lives of 34 individuals.

The M/V CONCEPTION, a 75-foot vessel, caught fire on Monday, September 2, 2019 while anchored. The fire swiftly engulfed the boat, resulting in its sinking and the tragic loss of 34 lives. Five crew members, including Boylan, managed to escape and survive.

Throughout the trial, prosecutors presented evidence and contended that Boylan, displayed negligence by failing to initiate a night watch or roving patrol, insufficient fire drills, poor crew training, and neglected to provide firefighting instructions or utilize available firefighting equipment. This evidence highlighted a series of failures on the part of Captain Boylan that significantly contributed to this tragedy. Boylan, who was responsible for the safety and security of the vessel, its passengers, and its crew, has been found guilty of his failures.

Published on: June 20, 2023

U.S. Coast Guard Welcomes New Commander

by Nigel Stacey

On June 15th, the U.S. Coast Guard Base Seattle celebrated the change of command ceremony hosted by U.S. Coast Guard Sector Puget Sound.

During the event, Capt. Mark McDonnell assumed command of Sector Puget Sound, relieving Capt. Patrick Hilbert from his position as the commander.

The ceremony was overseen by Rear Admiral Mel Bouboulis, who serves as the commander of the 13th U.S. Coast Guard District. This district is responsible for overseeing Sector Puget Sound, which encompasses the Pacific Coast of Washington State to the eastern border of Montana. Sector Puget Sound is also responsible for managing a 125-mile maritime international boundary with Canada as well as maintaining relationships with Tribal Nations.

Published on: May 23, 2023

Violations and Safety Concerns Plague F/V Pacific Producer

by Nigel Stacey

The 77- year-old F/V PACIFIC PRODUCER, which operates in the waters of the Pacific, has recently come under scrutiny due to numerous violations and safety issues. The 169-foot long vessel has been docked in Tacoma on the Foss Waterway since August of 2022, after smashing into a private pier. As concerns over the safety of the men and women who work in the fishing industry mount, it is crucial to shed light on the alleged wrongdoings surrounding this vessel. Accountability and improved practices within the fishing industry are imperative.

Labor Issues

A joint investigation by OSHA and the U.S. Coast Guard found the crew living in deplorable conditions while working for an operator with a history of workplace violations. The F/V PACIFIC PRODUCER has been implicated in labor violations. Several crew members have come forward, alleging harsh working conditions, long hours, inadequate safety measures, and unfair wages. These reports highlight the exploitation faced by workers onboard the vessel.

Published on: April 4, 2023

National 406 Day and 8 EPIRB Tips

by Nigel Stacey

April 6th is National 406 Day. It is easy to remember, as the date (04/06) corresponds to the 406 MHz frequency used by these devices to transmit digital signals to satellites. These beacons are considered by many in the maritime trades to be the best life insurance available. And in some cases, they are legally required by vessel owners. To read more about safety gear, please see our page regarding life rafts, EPIRBs and survival suits. National 406 Day is also a reminder to anyone with a beacon that federal law requires registration to be current.

What exactly is an EPIRB? It is an Emergency Position Indicating Radio Beacon that works by transmitting a signal via satellite that can then be relayed to a rescue coordination center. The device can be automatically activated (for example if the device is under more than 3 meters of water) or manually activated to transmit a distress signal.

Here is a list of 8 tips NOAA recommends when handling your EPIRB:

Published on: November 1, 2022

13 Rescued After F/V Tremont Collides with Container Ship

by Joseph Stacey

The U.S. Coast Guard rescued 13 people from a sinking fishing vessel on Friday, October 28^th after the vessel collided with a container ship. The 115-foot F/V TREMONT was about 60 miles off the coast of Virginia, just southeast of Chincoteague at the time of the accident.

Watchstanders at the U.S. Coast Guard Sector Virginia received a mayday call at about 2 a.m. from the F/V TREMONT, stating that they were sinking after colliding with the 1000-foot Panamanian-flagged C/V MSC RITA. It was reported that there were 13 people aboard the fishing vessel, and that they were abandoning ship.

An urgent marine information broadcast was issued to all area vessels, and watchstanders issued the launch of an MH-60 Jayhawk helicopter crew, an HC-130 Hercules airplane crew, a U.S. Coast Guard Station Chincoteague Motor Life Boat, then diverted the U.S. Coast Guard Cutter Rollin Fritch. Two additional aircrafts from the U.S. Coast Guard Air Station Elizabeth City in North Carolina were also dispatched.

Published on: October 4, 2022

Stacey & Jacobsen PLLC Secures $11,401,000 Verdict Against Tidewater Barge Lines Inc. for Injured Jones Act Deck Mechanic

by Nigel Stacey

The team at Stacey & Jacobsen PLLC was honored to help an injured Jones Act deck mechanic in a recent two-week trial in Portland, Oregon. All three attorneys, Jim Jacobsen, Joe Stacey, and Nigel Stacey presented evidence to the jury while fighting for a hardworking family man who can no longer work his union job. At the conclusion of the trial, a Portland jury awarded the injured worker $11,401,000 in compensatory damages for injuries he suffered after a 40-year-old Nabrico hand winch spun out of control and hit his arm.

The Injury

Nathan Pinkstaff, a Jones Act seamen deck mechanic working aboard a Tidewater Barge Lines Inc. tug and barge flotilla, was injured after being improperly trained how to use the hand winch on the barge’s deck in a procedure that explicitly violated the manufacturer’s manual; this was unsafe training. The tug was attempting to build a tow with the Granite Point tug, tying two grain barges and one oil barge bow to stern, or “endo.” This tow was being built at the Tidewater Barge Lines Inc. Snake River terminal, where the Snake River flows into the Columbia River in Washington State.

Published on: September 27, 2022

Congratulations to Nigel Stacey 2022 Rising Star!

by Joseph Stacey

Stacey & Jacobsen, PLLC is pleased to congratulate Nigel Stacey on his selection to the 2022 Washington Rising Stars® list. Each year, no more than 2.5-percent of the lawyers across Washington State are selected as Rising Stars® by a research team at Super Lawyers. The Rising Stars® list recognizes attorneys who have demonstrated remarkable talent, service, and results—all hallmarks of Nigel Stacy’s work.

The Rising Stars® selection process is based on the following 12 indicators of peer recognition and professional achievement:

Verdicts/Settlements

Published on: March 8, 2022

Illegally Caught Halibut Seized in Alaska

by Nigel Stacey

Law enforcement crew members working on the U.S. Coast Guard Cutter BAILEY BARCO found illegally caught fish after they boarded and searched a fishing vessel. The incident took place on February 19^th, while the vessel was located about 12 miles northeast of Kodiak, Alaska.

The 38-foot F/V COMPETITION was searched, and it was discovered that they were carrying 18 halibut and one ling cod during a closed season. Law enforcement personnel issued violations for possession of halibut during a closed fishery, and for operating beyond 3 nautical miles with an expired EPIRB hydrostatic release. The vessel was also operating without a current commercial fishing vessel safety examination. The catch was seized, then taken to Kodiak and turned over to NOAA Law Enforcement officers.

“Working with our partners in the National Oceanic and Atmospheric Administration, our enforcement efforts help the many legitimate Alaskan fishermen we encounter on a daily basis, ensuring nobody gains an unfair competitive advantage at the expense of biological sustainability,” said Lt. Brian Williams, Bailey Barco commanding officer.

Published on: November 10, 2021

6 Ways to Prevent Carbon Monoxide Poisoning Aboard Vessels

by Nigel Stacey

Carbon Monoxide poisoning is often associated with automobiles and homes, but carbon monoxide poisoning can happen in any enclosed or partially enclosed space where fumes and gasses are allowed to accumulate, making fishing boats, tugboats, and other commercial vessels particularly vulnerable if not properly maintained.

Carbon monoxide (CO), is an odorless and colorless gas that can poison, cause long term health issues, and even kill a person who inhales too much of it. According to the CDC, approximately 430 people die from accidental CO poisoning in the U.S. each year, and 50,000 people require emergency medical attention due to accidental CO poisoning.

Symptoms of Carbon Monoxide Poisoning

Published on: July 20, 2021

Fisherman Medevaced After Losing Consciousness

by Nigel Stacey

The U.S. Coast Guard medevaced an injured fisherman on Monday, July 19^th near Newport, Oregon. The operator of a 40-foot commercial fishing vessel called watchstanders at the U. S. Coast Guard Sector North Bend command center at approximately 1:15p.m. to request assistance after a 70-year old fisherman lost consciousness.

The fishing vessel was located approximately 5 miles west of Newport, Oregon at the time of the call. The Sector North Bend rescue crew was conducting training exercises in the area and was able to reach the scene of the incident by 1:45 p.m. An MH-65 Dolphin helicopter crew hoisted the injured fisherman. He was then taken to the U.S. Coast Guard Air Facility in Newport, Oregon, transferred to awaiting emergency medical service personnel, then taken to a local hospital for a higher level of care. The injured fisherman’s condition is currently unknown.

Injuries that involve loss of consciousness can be serious. The attorneys at Stacey and Jacobsen, PLLC are some of the most experienced in the nation at handling maritime injury accidents. They have the compassion, commitment, skill, and knowledge to recover fair compensation for crewmembers injured at sea. If you have been injured at sea and need assistance with your claim, all (877) 956-4337 for a free case consultation.