Maritime News & Law

Published on: July 9, 2024

21-Year-Old Fisherman Dies After Becoming Entangled in Fishing Gear

It is with great sadness that we report the death of a 21-year-old commercial fisherman. On Friday July 5^th, 2024, Corwin Wheeler died after becoming entangled in fishing gear and being pulled overboard and underwater in the Bristol Bay area.

According to Alaska State Trooper spokesman Austin McDaniel, The Department of Public Safety’s patrol vessel received a distress call from the salmon fishermen aboard the F/V ANNY JOY in Kvichak Bay at approximately 12:30 a.m. It was reported that the captain and three other crew members were on board at the time of the incident.

According to Alaska State Troopers, two patrol vessels responded to the scene just as the crew pulled Mr. Wheeler from the water. He had been in the water for about half an hour before being pulled back onto the boat and was unconscious at that time.

Published on: June 25, 2024

Did OceanGate exaggerate partnerships with Boeing, the University of Washington and NASA?

by Joseph Stacey

OceanGate, the company responsible for the lost Titanic tourist submersible likely overstated the details of its partnerships in the development and engineering of the TITAN submersible. This was likely an effort to legitimize the unclassified submersible, which was built with a carbon fiber hull and titanium end caps.

The fatal implosion of the TITAN submersible, a vessel OceanGate once hailed as the “beginning of a new era of exploration,” raises unresolved questions about how the startup was able to operate the vessel and persuade individuals to become high-paying customers in this field of adventure tourism.

In various public statements, the company claimed that the TITAN submersible was designed and engineered with assistance from Boeing, the University of Washington, and NASA. However, each of these entities has described their involvement as more limited than OceanGate sometimes indicated.

Published on: June 18, 2024

Washington Department of Ecology Fines Pacific Seafood $222,000

by Joseph Stacey

Pacific Seafood’s Westport facility has been fined $222,000 for “repeatedly discharging polluted wastewater into Half Moon Bay in Westport.” The Washington Department of Ecology also reported that in the past two years, the facility has violated its water quality permits 58 times.

“It’s unacceptable that this facility is continuing to pollute Half Moon Bay after repeated citations and technical assistance,” said Vince McGowan, Ecology’s water quality program manager. “The majority of similar companies in the industry are able to meet permit requirements. The bottom line is that we need this facility to comply with their permit and stop polluting Half Moon Bay. This includes making any needed upgrades to their wastewater treatment system to fix the problem.”

Pacific Seafood failed to monitor its wastewater discharge as mandated. The Department of Ecology determined that the company’s wastewater contained “too much organic matter, solids, acidity, oil and grease, and fecal coliform bacteria.”

Published on: May 3, 2024

Federal Government Assumes Management of Salmon Fishing in Parts of Cook Inlet

by Joseph Stacey

Spring Chinook Salmon. Photo courtesy Michael Humling, US Fish & Wildlife Service

Salmon fishing in the federal waters of Cook Inlet will restart this summer with a shift in management to the federal government, as finalized in a recent ruling. The National Marine Fisheries Service (NOAA Fisheries), a branch of the National Oceanic and Atmospheric Administration, is assuming control over salmon management in the inlet waters categorized as the federal exclusive economic zone, extending beyond 3 miles offshore. This new regulation becomes effective on May 30th.

Up until this point, the state had overseen salmon fisheries in both state and federal waters of the inlet. However, due to a decade-long legal battle, federal courts mandated a shift in management. The United Cook Inlet Drift Association (UCIDA), comprising commercial salmon fishermen, initiated legal action against the federal government in 2013, alleging a failure to formulate a salmon harvest management plan for the federal waters of the inlet. Instead of crafting a specific plan for Cook Inlet salmon, the National Marine Fisheries Service had relied on the Alaska Department of Fish and Game, which historically managed salmon harvests across the inlet in both state and federal waters since statehood.

Published on: April 23, 2024

Three Charged with Illegally Transporting Crab from Alaska to Washington

by Joseph Stacey

An indictment from a federal grand jury in Alaska has been issued, accusing the owner and captains of two crab catcher vessels of unlawfully transporting crab from Alaska, a violation of the Lacey Act.

According to legal documents, Corey Potter is identified as the owner of two fishing vessels. Justin Welch and Kyle Potter serve as the captains. Between February and March of 2024, these vessels amassed a haul exceeding 7,000 pounds of Tanner and golden king crab in Southeast Alaska. Corey Potter allegedly instructed Kyle Potter and Justin Welch to transport the crab to Seattle, Washington, in an effort to fetch a higher price than that which could be obtained in Alaska. Neither captain docked the harvested crab at an Alaskan port, failing to document the harvest on a fish ticket, as mandated by state law.

Reportedly, the crab was transported through Canadian and Washington waters. Upon reaching Washington, a significant portion of the king crab was discovered to be dead or unsuitable for sale. Corey Potter purportedly admitted that some of the crab on board was afflicted with Bitter Crab Syndrome (BCS), a fatal parasitic disease affecting crustaceans. An additional 4,000 pounds of Tanner crab was allegedly disposed of due to the risk of BCS contamination. Legal documents contend that had the crab been correctly landed in Alaska, the harvest would have been inspected, and infected crab would have been identified and discarded before departing from Alaska.

Published on: April 16, 2024

Partners Nigel Stacey and Joe Stacey Judge 31st Annual Judge John R. Brown Admiralty Moot Court Competition

by Nigel Stacey

Last week, Nigel Stacey and Joe Stacey, partners at Stacey and Jacobsen, PLLC, were honored to serve as judges for the esteemed 31st Annual Judge John R. Brown Admiralty Moot Court Competition.

This annual competition hosted 32 law school teams from across the country to deliver arguments on issues pertaining to maritime law. The event honors Judge John R. Brown, renowned for his service as a distinguished admiralty judge on the United States Court of Appeals for the Fifth Circuit.

Other volunteers in this competition have included federal judges, prominent members of the maritime bar, presidents and past presidents of the Maritime Law Association of the United States, as well as admiralty professors.

Published on: April 9, 2024

Alaska Legislature Boosts Fishermen’s Fund Payments

by Joseph Stacey

Stacey and Jacobsen, PLLC is pleased to announce that Senate Bill 93 sailed through the Alaska House with a resounding 39-1 majority, with only Representative David Eastman, R-Wasilla, in opposition. This legislation, championed by the Senate Labor and Commerce Committee and several other organizations, raises the caps on compensation from the Alaska Fisherman’s Fund for injuries and illness sustained by commercial fishermen. Its passage strengthens the assurance that medical expenses from fishing-related accidents are better addressed for crew members.

“I think it’s crucial that we support hard working Alaskans, especially when they’ve become ill or injured on the job and need money from funds that they have paid into,” said Senate Labor and Commerce Committee Chair Jesse Bjorkman R-Nikiski. “Commercial fishermen will have greater financial support from the Alaska Fisherman’s Fund when they file a claim with no cost to the State, because the Fisherman’s Fund dollars come from fees received from commercial fishing license sales.”

The Fishermen’s Fund was established in 1951. The fund provides medical treatment and care for licensed commercial fishermen who sustain injuries while working in fishing activities in Alaska. Whether offshore or onshore, fishermen are covered while on active crew status.

Published on: January 30, 2024

Ilwaco Community Salvaging Crabbing Season After Fire

by Joseph Stacey

On Monday, January 22^nd, 2023, at about 11 AM, calls flooded 911 dispatchers with reports of a blaze at the Ilwaco Landing Cannery. The Ilwaco Fire Department, headed by Fire Chief Jeff Archer, promptly responded to the distress calls. The fire originated on the Ilwaco Landing wharf, situated over Baker Bay waters near the mouth of the Columbia River.

The blaze engulfed nearly all structures on the Ilwaco Landing wharf, including the cannery building, crab pots, vehicles parked on the dock, and the dock itself. The fire resulted in a complete and total loss.

The 2024 Commercial Dungeness Crab Fishing Season begins this week on February 1^st, which means the crabbing fleet was busy staging for their season. Approximately 8,500 commercial crab pots, equipped with ropes and licenses, were assembled on the dock in anticipation.

Published on: December 19, 2023

Legislators Introduce Bill Ensuring Protection and Welfare of Commercial Fishermen

by Joseph Stacey

Senators Susan Collins (R-ME), Dan Sullivan (R-AL), and Edward Markey (D-MA) have spearheaded a bipartisan initiative by introducing the FISH Wellness Act, aimed at enhancing safety, health, and well-being in the fishing industry. This proposed legislation aims to expand upon the successes of the Commercial Fishing Occupational Safety Research & Training Program. It seeks to tackle a spectrum of occupational hazards encountered by fishermen, including worker fatigue and substance use disorders. The act will boost funding for the program, making research and training grants more attainable by removing match requirements.

During the Pacific Marine Expo this year, a coalition of commercial fishing industry professionals convened to deliberate on approaches to tackle the mental health concerns among commercial fishermen. Across generations, individuals have dealt indirectly with mental health challenges, prompting the newer generation to advocate for a more straightforward approach; talking openly about and resolving mental health issues.

“Providing our next generation of fishermen and women with the mental health and substance abuse care that they need is vital to the success of our industry,” said Andrea Tomlinson, founder and executive director of New England Young Fishermen’s Alliance. “Commercial fishing is the second most dangerous job in the US after logging, and these workers require extra mental and behavioral health support due to the strenuous and challenging conditions of this valuable trade.”

Published on: December 12, 2023

Vessel Citations Issued by U.S. Coast Guard

by Joseph Stacey

The U.S. Coast Guard is issuing a reminder to commercial fishermen to make certain that they have appropriate lifesaving gear on their vessels prior to leaving the dock.

Several U.S. Coast Guard teams carried out inspections on commercial fishing vessels navigating the Chesapeake Bay area and its tributaries between December 1st and 7th. This operation was strategically aimed at verifying observance of safety regulations by the commercial fishing fleet.

“Operating in the maritime environment can be dangerous, particularly in colder weather,” said Capt. Jennifer Stockwell, commander, Coast Guard Sector Virginia. “Having the appropriate lifesaving equipment onboard will dramatically improve a mariner’s chance of survival if they find themselves in distress.”