Maritime Injury Law Blog

Published on: August 20, 2024

Sitka Fisherman Killed in Tragic Accident

A 75-year-old Sitka fisherman died Monday, August 19, 2024, following a fatal accident in the engine room of his fishing vessel.

Alaska State Troopers identified the victim as Barry McKee, who was fishing aboard his troller LISA JEAN near Salisbury Sound, approximately 20 miles northwest of Sitka. According to reports, McKee became entangled in the mechanical gear below deck and was fatally injured.

Emergency responders from the Sitka Fire Department were dispatched to the scene and recovered McKee’s body. A good Samaritan vessel assisted by towing the LISA JEAN to protected waters, allowing troopers to conduct an investigation into the accident.

Published on: August 13, 2024

American Seafoods Opens $150K Grant Program for Western Alaska

by Nigel Stacey

American Seafoods Group, the largest at-sea processor of wild Alaska pollock and hake in the United States, has reintroduced its grant program under a new name: The American Seafoods Community Partnership Program.

Based in Seattle, Washington, the company recently announced the relaunch, indicating a significant expansion in its support of organizations in Western Alaska. The revamped program will offer twice the previous amount in grant funding. Annual donations will jump from $90,000 to $150,000, with $75,000 to be distributed biannually. These grants will focus on community projects that address critical issues such as food security and other local needs.

The initiative, which has been in place since 1997, has already provided over $2 million to various organizations and programs across the state. American Seafoods CEO Einar Gustafsson emphasized the importance of this initiative, explaining that it originated in the 1990s out of a desire to support Alaskan communities.

Published on: August 13, 2024

U.S. Coast Guard Rescues 6 After Mayday Call from Burning Fishing Vessel

by Joseph Stacey

On Sunday August 11^th, 2024, at 8:56 p.m., the U.S. Coast Guard Sector Northern New England command center watchstanders received a mayday call from the F/V THREE GIRLS stating that the vessel was on fire, and all aboard were preparing to abandon ship. The vessel was located about 105 nautical miles east of Portsmouth, New Hampshire at the time of the incident.

The First Coast Guard District command center also received an Emergency Position Indicating Radio Beacon (EPIRB) alert from the vessel. The trawler was carrying six people, including a NOAA fishery observer.

At 9 p.m., Sector Northern New England diverted the USCGC William Chadwick, a fast response cutter, to respond. An MH-60 Jayhawk aircrew and a HC-144 Ocean Sentry aircrew from the U.S. Coast Guard Air Station Cape Cod was also launched in an effort to provide aerial support.

Published on: August 6, 2024

Salmon Advocates Alarmed after Yukon River Cyanide Spill

by Nigel Stacey

Salmon advocates are expressing grave concerns after a recent cyanide spill at Victoria Gold’s Eagle Mine, fearing that the pollution, which has not been fully contained, could harm the Yukon River’s already struggling salmon populations.

Following a major equipment failure at Victoria Gold’s Eagle Mine, the Government of Yukon has taken charge of a comprehensive cleanup effort. The accident, which occurred on June 24, 2024, resulted in the release of nearly 10.54 million cubic feet of cyanide solution into the Stewart Watershed, a crucial segment of the Yukon River’s extensive network. This incident has sparked widespread concern about its potential long-term environmental impact in both the United States and Canada.

The spill, equivalent to the volume of over 120 Olympic-sized swimming pools, poses a severe threat to the ecosystem. Yukon officials have confirmed that extensive monitoring will be required to assess and mitigate the damage caused by the cyanide, a substance known for its toxicity to salmon and other aquatic life. Within ten days of the spill, elevated cyanide levels were detected in a nearby creek, raising warnings among environmentalists and local authorities.

Published on: July 30, 2024

The Supreme Court Trawl Bycatch Decision

by Joseph Stacey

On July 24, 2024, the U.S. Supreme Court issued a ruling that could reshape fisheries management in Alaska. The decision, centered on trawl bycatch practices, underscores the ongoing tension between environmental conservation and commercial interests. By invoking the legal principle of Chevron deference, the Court has mandated stricter regulations on bycatch, which could have significant implications for both marine ecosystems and the fishing industry.

The case was brought forth by a coalition of environmental groups and Alaskan tribes, who argued that the National Marine Fisheries Service (NMFS) was not adequately regulating bycatch under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Bycatch is defined as the unintentional capture of non-target species during commercial fishing, which can result in substantial ecological harm. The plaintiffs contended that the NMFS’s regulations were insufficient to protect fish populations and the broader marine environment.

Chevron deference, a principle derived from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., played a crucial role in this decision. Chevron deference dictates that courts should defer to a federal agency’s interpretation of ambiguous statutory language, as long as that interpretation is reasonable. In this case, the Supreme Court evaluated whether the NMFS’s interpretation of the MSA was reasonable and whether it sufficiently addressed the issue of bycatch.

Published on: July 23, 2024

Bristol Bay Sockeye Season Sees Citation Spike

by Joseph Stacey

Commercial fishing citations are on the rise this Bristol Bay sockeye season. As the sockeye run begins, Alaska State Troopers from all over gather to patrol and ensure that commercial fishers are following all rules and regulations. With so many regulations in place, some waters are closed at certain times while others remain open.

According to Alaska State Troopers, most of the violations are occurring in areas that are currently closed, and additional troopers are being brought in from Kodiak and other parts of western Alaska for this special enforcement period.

The Bristol Bay sockeye salmon industry brings in approximately $2.2 billion every year. This season, over 1,500 commercial fishing boats are registered in the bay, all vying for the 2024 catch. In a surprising move, Silver Bay Seafoods set a pre-season price for Bristol Bay sockeye. They announced that fishers bringing chilled fish to their processing facility would earn $1.10 per pound, with an additional bonus for bled fish.

Published on: July 16, 2024

Disaster Relief Applications Due August 24th

by Nigel Stacey

Federal disaster relief is coming to help many commercial fishing permit-holders. The Pacific States Marine Fisheries Commission (PSMFC) will be administering the payments of three federal awards. For more information, you can visit their current disasters page.

Permit-holders and processors need to submit their applications to the PSMFC in Portland, Oregon or upload applications through the online portal before August 24th. Crew and subsistence users have until September 28th to submit their applications.

The PSMFC mailed out applications on June 26th, 2024. If you have not received a hard copy, email AKFishDisaster@psmfc.org to request an electronic copy. Once you have completed the application, you may either mail it to the commission or upload it online.

Published on: July 16, 2024

Ken Stetz Wins 2024 Coast Guard Art Competition

by Joseph Stacey

We are delighted to report that Ken Stetz has been named the winner of the 2024 George Gray Award for Artistic Excellence at the Coast Guard Art Program (COGAP). The annual art acceptance ceremony was held on Thursday, July 11^th, 2024. The award-winning piece, titled “Absorbing the Roll,” is a 15″ x 24″ oil on canvas, and was selected from thirty-six submissions.

The thirty-six art pieces will be on exhibit at the Salmagundi Club, an art and cultural center located at 47 Fifth Avenue in New York, through July 26^th, 2024. Additionally, twenty-eight works from previous collections will be on display, including pieces by and in honor of deceased COGAP artists C.R. “Bob” Bryant and Dick Kramer. The collection features artwork depicting search and rescue, marine environmental protection, patrols, and training exercises.

The exhibition is open to the public and can be viewed Monday through Friday from 1 p.m. to 6 p.m., and on Saturday and Sunday from 1 p.m. to 5 p.m. Admission to the exhibit is free. After the exhibition at the Salmagundi Club, the show will be on display at the Federal Hall National Memorial in lower Manhattan for two months.

Published on: July 9, 2024

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

by Nigel Stacey

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.