Maritime News & Law

Published on: July 22, 2020

85 F/V American Triumph Workers Test Positive For COVID-19

The F/V AMERICAN TRIUMPH remains docked after Eighty-five crew members have tested positive for COVID-19. The factory trawler left Oregon headed for Alaska on June 27th carrying 119 workers. It was reported that two weeks after the ship departed, seven workers reported feeling ill and were tested for COVID-19 in Unalaska. Six of the seven tests came back positive.

The remaining crewmembers were tested last week, and 79 additional tests came back positive, bringing the total confirmed cases of COVID-19 aboard the F/V AMERICAN TRIUMPH to 85. The 285-foot vessel is part of a fleet of six fishing vessels owned by Seattle-based American Seafoods Group, LLC.

According to the American Seafoods Company website, crew members have been relocated to Anchorage to isolate and quarantine. The company has committed to providing quarantine facilities, daily meals, and accessible onsite medical care. They reported that they will use this time to sanitize the vessel. How or if the ill crewmembers will be compensated has not been reported. There are now 97 confirmed cases of COVID-19 among the population of Unalaska, Alaska, a community of about 4,500 residents. The local health clinic reports only having 3 ventilators available.

Published on: June 11, 2019

Dockside Fishing Vessel Exams for Bristol Bay, Alaska

by Joseph Stacey

Commercial fishing continues to be among the most hazardous jobs in the U.S. but there are many ways vessel owners and crew members can mitigate risk. In an effort to prepare for the 2019 Bristol Bay commercial salmon season, the U.S. Coast Guard is offering free dockside examinations for all commercial fishing vessels. Locations and dates are as follows:

King Salmon: June 6-21

Dillingham: June 10-20

Published on: June 4, 2019

Captain Suffers Heart Attack Aboard F/V Emerald Seas

by Joseph Stacey

A 55-year-old captain was medevaced by the U.S. Coast Guard after he reportedly suffered a heart attack while working aboard the F/V EMERALD SEAS. The vessel was located approximately 20 miles west of Tillamook Bay, Oregon when the incident occurred.

Watchstanders at Sector Columbia River Command Center in Warrenton received the distress call from the vessel, then dispatched an MH-60 Jayhawk helicopter from Air Station Astoria. A 47-foot motor lifeboat was also dispatched from Station Tillamook Bay in Garibaldi.

The vessel captain reported that he had suffered a heart attack in the past, and was therefore aware of the symptoms, and was able to self-administer Nitrol in response. The captain was transferred to the motor lifeboat before being hoisted by the helicopter to make for a smoother transition. He was then flown to emergency responders at the Tillamook Airport.

Published on: May 28, 2019

Keep Fin Fish Free Act Introduced

by Joseph Stacey

This month a new bill called the Keep Fin Fish Free Act (H.R. 2467) was introduced in response to the growing concerns regarding aquaculture operations. Alaska Congressman Don Young (R-Alaska) introduced legislation that would stop officials from the Secretary of Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Federal Exclusive Economic Zone (EEZ) unless specifically authorized by Congress. This legislation has many supporters across environmental and anti-fish farming organizations including Healthy Gulf, Institute for Fisheries Resources, Friends of the Earth, and NOAA.

The concerns raised regarding these facilities involve pollution spread by untreated wastewater, the spread of pests and diseases to native species, the introduction of even more antibiotics into our waters, and spills like the incident that occurred in August 2017 that resulted in more than 260,000 non-native Atlantic salmon being released into Puget Sound. However, one of the greatest concerns among aquaculture critics is the need to harvest wild fish in order to produce the feed necessary to raise open net pen Atlantic salmon.

“The seafood industry is critical to Alaska’s economy, and we must be doing all we can to protect the health and integrity of our state’s wild fish stock,” said Congressman Don Young. “If not properly managed, industrial aquaculture operations threaten Alaska’s unique ecosystem with non-native and genetically modified fish species. My legislation takes needed steps to prevent the unchecked spread of aquaculture operations by reigning in the federal bureaucracy, and empowering Congress to determine where new aquaculture projects should be conducted. It’s up to us to ensure that our oceans are healthy and pristine, and I urge my friends on both sides of the aisle to join me in this important effort.”

Published on: May 22, 2019

Hand Injury Aboard F/V Phoenix

by Joseph Stacey

A 22-year-old crewmember who was working aboard the 254-foot F/V PHOENIX was evacuated near La Push, Washington on Tuesday after he sustained a hand injury.

Watchstanders at Coast Guard Sector Puget Sound received the emergency call at approximately 11:28. A boater in the area made the call on behalf of the F/V PHOENIX and reported that the vessel was located about 25 miles west of the Coast Guard Station Quillayute River.

Initially, the Coast Guard Cutter Cuttyhunk and boat crew from Station Quillayute River responded to the call. However, due to rough seas, they were unable to transfer the injured worker aboard the vessel. Winds of 12-knots per mile and 11-foot waves were reported.

Published on: May 1, 2019

What to Do If You Are Injured at Sea: The First 6 Steps

by Joseph Stacey

If you are a maritime worker, you already know that work at sea is dangerous. Jones Act or maritime law is in place to give rights to workers as well as an extra layer of protection. Know your rights, and if an accident does occur, we recommend that you follow these guidelines:

1. Report the Accident – It is imperative that you let your supervisor or captain know immediately that you have been injured. Jones Act or Maritime Law requires the injured party to report any work-related injury within seven (7) days, but don’t wait that long. The insurance company may assume that if you didn’t report the accident right away, it wasn’t very serious, so don’t wait. If you get hurt while working and you believe that your injuries need medical attention or have even the slightest chance of causing you to miss work, report it right away.

2. Seek Medical Attention – The law requires your employer to see that you receive medical treatment for your injuries. If you are at sea and your injuries are serious, the ship should have the Coast Guard medevac you to a hospital. If you are far out at sea or in international waters, a Coast Guard helicopter may be able to pick you up as soon as you are within range of the United States. The ship has the ability to consult with a physician by phone or radio if your condition is serious. And, if you are in a foreign country, your employer must get you proper medical treatment and get you back home at their expense. Your employer must pay for all medical attention that you need if you are injured or become ill while in the service of the vessel.

Published on: April 16, 2019

Port of Bellingham Ordered to Pay $16M to Injured Ferry Worker

by Joseph Stacey

In November of 2012, Shannon Adamson suffered life-threatening injuries when the passenger gangway she was standing on collapsed. She fell 18-feet and suffered a shattered pelvis and sacrum, fractures in her lower back, loss of sensation in her right leg, a broken ankle, wrist and ribs, two punctured lungs, a lacerated liver, and a traumatic brain injury. Adamson required extensive surgery after this horrific fall and long painful sessions with a physical therapist just to learn how to walk again.

Court documents revealed that the Port of Bellingham was aware of a defect in the passenger gangway due to a similar accident that occurred in 2008. Engineering safety experts reported that the faulty system could have been resolved, but port authorities failed to install the recommended safety “limit switch”. The device would have cost the port less than $1000.

In the 2016 federal court case, the jury found the Port of Bellingham negligent, and not Adamson or the State of Alaska. Adamson was an employee of the Alaska Marine Highway System, but the court ruled that the defective passenger gangway was owned by the port. On Thursday, April 11th, 2019 the Port of Bellingham lost an appeal when the Washington State Supreme Court agreed with the previous ruling: Commercial landowners are liable for injuries that occur on the property they are responsible for maintaining, even if a tenant has priority to use the property, concluding that the Port of Bellingham must pay a jury’s $16 million verdict to the injured ferry worker.

Published on: April 2, 2019

Coast Guard Medevacs Man from F/V Resurrection Near Kodiak

by Joseph Stacey

Watchstanders at the U.S. Coast Guard 17th District Command Center in Juneau received a call on Monday that a crew member aboard the F/V RESURRECTION was suffering from what appeared to be a heart attack. A medevac was requested request at about 9 p.m.

The 49-foot longline fishing vessel was located approximately 65 miles east of Kodiak when the call was made. An MH-60 Jayhawk helicopter crew launched from Air Station Kodiak, and a rescue swimmer was lowered with a rescue basket, then hoisted the 38-year-old man to the helicopter. He was transported to Air Station Kodiak and placed in the care of EMS personnel, who transported him to Kodiak Providence Hospital.

“We sent a health technician to supplement the in-flight care, along with our standard aircrew members,” said Lt. Cmdr. Orion Bloom, search and rescue mission coordinator for the case. “When we know that a survivor is experiencing symptoms that might benefit from a level of care beyond what our rescue swimmers are trained to provide, we do our best to provide that higher level of care. We wish this man a swift recovery.”

Published on: March 5, 2019

Destination: Final Coast Guard Report

by Joseph Stacey

After a two-year investigation, the U.S. Coast Guard has released its findings regarding the devastating F/V DESTINATION accident that took the lives of all six crew members aboard the vessel. According to Captain Lee Boone, Chief of Coast Guard Investigations, “It just wasn’t one thing”.

On February 11th, 2017, the crew of the Seattle-based crab boat, DESTINATION set off into the Bering Sea with a stability report that was more than 20 years old, an exhausted crew, and freezing spray and ice that overloaded the vessel.

“Since 1993, some changes had been made to the vessel,” Captain Boone said. “Those should have been incorporated into updated stability instructions that the master could follow.”

Published on: January 29, 2019

Fisherman’s Finest Granted Waiver

by Joseph Stacey

The Jones Act or Maritime Law requires that vessels moving goods between U.S. ports are owned and operated by U.S. citizens or permanent residents. Vessels are also required to be built in the U.S. by companies owned and operated by U.S citizens or permanent residents. The Jones Act requires that the steel used in the construction of a vessel be domestic, and that no more than 1.5 percent of the vessels “steel weight” be foreign processed. So, what happens when a vessel exceeds the limit? This is exactly what happened when Dakota Creek Industries, a 44-year-old family owned shipbuilding company in Anacortes, Washington, self-reported that the F/V AMERICA’S FINEST had indeed exceeded that limit.

The Kirkland, Washington based fishing company, Fisherman’s Finest, contracted a Norwegian company to design a new 264-foot trawler for the company. The vessel design required a steel-bending process that is more common and less expensive when fabricated in Europe. Just under 10 percent of the steel for the vessel was formed in the Netherlands. The vessel carries a $75 million price tag.

“Fishermen are key drivers of Washington state’s growing economy. We need their boats out fishing, not bogged down by regulations meant for large vessels like oil tankers,” said Cantwell.