Vessel Sinkings

Published on: March 12, 2012

F/V LADY CECILIA Lost Off Washington Coast – Four Crewmen Missing

Early Saturday morning an EPIRB signal set off a search for the Warrenton-based fishing vessel LADY CECILIA and its four member crew. Coast Guard helicopters located a debris field, oil slick, and life raft just north of the Columbia River, 17 miles west of the Washington Coast. An extensive search failed to locate any of the vessel’s four crewmen, and they are presumed lost at sea. The lost crew was identified by the Coast Guard as David Nichols and Jason Bjaranson of Warrenton, Oregon; Luke Jensen of Ilwaco, Washington, and fisheries observer Chris Langel of Kaukauna, Wisconsin.

The LADY CECELIA is a 62-foot dragger owned by Dave Kent of Bay City, Oregon. Few details are known about the vessel at this time other than it was first registered in Oregon in 1991. Under Federal Regulations, vessels such as the Lady Cecelia are required to carry regularly serviced life rafts and survival suits, and crews are required to regularly be trained in safety procedures. Unfortunately, safety inspections of vessels such as the Lady Cecilia are not mandated by regulation.

Complicated Federal Maritime laws govern remedies available to families of crewmen lost in fishing accidents. Frequently, vessel owners utilize an archaic law called the Limitation of Liability Act to attempt to limit compensation available to the families of lost crew.

Published on: March 12, 2012

Fishing Vessel Chevelle Crashes on Rocks at Newport

by Stacey & Jacobsen, PLLC

The fishing vessel CHEVELLE collided with the jetty near Newport, Oregon on Friday and is reportedly breaking up in heavy weather. One witness described crab pots shifting on the vessel after it took a hard roll while crossing the bar. The 70-foot crab vessel is owned by Chad Hall of Newport. Fortunately, the four crewmen aboard the vessel all survived the incident. Three crewmen were airlifted to safety by the Coast Guard, and the fourth crewman was able to climb onto the jetty and make his way to shore. Salvage operations cannot get under way until the weather subsides. There is some concern that the vessel may break apart and sink, obstructing passage to the harbor. The incident is under investigation by the Coast Guard.

Published on: December 20, 2011

Seaman’s Right to Maintenance and Cure Is Not Subject to Employer’s Demand for Independent Medical Exam

by Lysander Johnson

In March of 2011, in Tuyen Thanh Mai v. American Seafoods Company, LLC, the Washington State Court of Appeals upheld the ruling that American Seafoods Company (ASC) did not have the right to deny seaman Tuyen Thanh Mai maintenance and cure when she did not agree to ASC’s demand for an independent medical examination (IME) prior to her knee replacement surgery. The Court also held that Mai is entitled not only to the maintenance and cure that ASC had withheld from her, but also to compensatory damages and attorney fees, sending a strong message to employers that maintenance and cure are fundamental rights not to be denied a seaman.
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Published on: July 21, 2011

Five Rescued From Sinking PENNY V Off Sanibel Island, Florida

by Stacey & Jacobsen, PLLC

Watchstanders at Coast Guard Sector St. Petersburg received an alert from an emergency beacon registered to the PENNY V Friday, July 8, after the 68-foot fishing vessel began to take on water west of Sanibel Island, FL. The Coast Guard diverted the crew of the 210-foot Coast Guard Cutter RESOLUTE to the scene to assist the distressed crew.
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Published on: July 12, 2011

ICE MAIDEN Sunk In Prince William Sound, Coast Guard Developing Salvage Plans

by Stacey & Jacobsen, PLLC

The 36-foot fishing vessel ICE MAIDEN capsized Sunday, July 3 in the Prince William Sound off Rocky Point, Alaska. Reports say the vessel capsized while hauling in a net full of salmon. Good Samaritan fishing vessels NEW VENTURE and AQUANATOR were fishing in the area and provided assistance and transported the crew to nearby Cordova. ICE MAIDEN then sank and came to rest on the seafloor in 35 to 45 feet of water, said Coast Guard Lt. Cmdr. Jason Boyle.
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Published on: July 7, 2011

Two Fishermen Medically Evacuated After Boat Explosion Near Savannah, GA

by Stacey & Jacobsen, PLLC

The Coast Guard medically evacuated fishermen Alvin Floyd and John Hodges from a 23-foot commercial fishing vessel on the south end of St. Catherines Island on Wednesday, June 22, following an explosion onboard. Operational watchstanders at Coast Guard Sector Charleston received reports of the explosion and deployed two rescue helicopter crews. A good Samaritan rescued the fishermen from the water and waited until the rescue crews arrived. The Coast Guard crews safely transported the fishermen to Savannah Memorial Hospital.

The cause of the explosion is unknown. The commercial fishing vessel reportedly sunk approximately 1,000 feet off shore.

Published on: June 16, 2011

Coast Guard Rescues Seven From Sinking Boat Off Port Canaveral, FL

by Stacey & Jacobsen, PLLC

Watchstanders at Coast Guard Sector Jacksonville received word of a sinking 26-foot boat about one mile southeast of Cape Canaveral, Thursday morning around 9:45 a.m. The captain noticed the boat listing and sinking; once in the water he was able to make a mayday call using a cell phone in a waterproof case. The Coast Guard deployed a 25-foot rescue boat crew and arrived on the scene shortly after.
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Published on: June 6, 2011

Alaska Fishing Vessel ABBY LOUISE Sinks near Cordova

by Stacey & Jacobsen, PLLC

June 6, 2011 – The 44-foot fishing vessel ABBY LOUISE sank Saturday in Orca Inlet about seven miles southwest of Cordova. The cause of the sinking is unknown, and the Coast Guard is working to contain environmental damage. As of this time, there were no reported injuries in the accident. Good samaritan vessels in the area assisted in the rescue of three of the vessel crew. The sinking is under investigation by the Coast Guard.

Published on: May 25, 2011

Five Crewmen Rescued from Yacht in Gulf of Alaska

by Stacey & Jacobsen, PLLC

Five crewmen abandoned a 60-foot yacht in the Gulf of Alaska after losing power and being battered by waves. The crew reported having electrical problems, losing steerage and being hit by a rogue wavey. They took on a list and eventually sank. The crew abandoned ship in survival suits and made it to their life raft. The crewmen were airlifted to safety by a Coast Guard helicopter. The luxury Yacht NORDIC PRINCESS had departed from Kodiak bound for Prince William Sound and encountered waves estimated at 10-12 feet.

Published on: December 22, 2010

Ella Ann Sinks on Willapa Bay; One Crewman Lost

by Stacey & Jacobsen, PLLC

Sunday the 30-foot fishing vessel ELLA ANN sank at the mouth of Willapa Bay while fishing for dungeness crab. One of two crewmen aboard the vessel was lost in the accident. 34 year old Luis Perez was tragically lost in the accident. It is unknown at this time what caused the vessel to capsize and sink, but the matter will be investigated by the Coast Guard. The captain of the vessel, Eric Petit, narrowly escaped death when he was revived with CPR by a helicopter crew after he was rescued.

Crewmen working aboard small crab boats on the coast of Washington are Jones Act seamen protected by Federal Maritime law. However, there are few Federal safety regulations that protect the crewmen who do one of the most dangerous jobs in the world. The dungeness crab fishery is recognized as a job with extremely high fatality rates. The small crab boats that work in the dungeness fishery are often exposed to severe weather and sea conditions. It is imperative that all safety equipment aboard these boats be kept regularly maintained and that crews be drilled in vessel safety. Accidents in the crab fleet are frequently caused by overloading the boat with crab pots, poor maintenance, and working in too heavy weather.