Maritime Injury Law Blog

Published on: March 21, 2023

Immersion Suit Safety

In August of 2020, multiple U.S. Coast Guard units received distress calls stating that the F/V ARCTIC FOX II, a 66-foot commercial fishing boat, had begun taking on water. The vessel was located about 85 miles off Cape Flattery, Washington at the time of trouble.

The three crewmembers aboard were getting ready to abandon ship and reported that they were all wearing survival suits. Once on the scene, the U.S. Coast Guard aircrew immediately spotted a lifeboat. One survivor was aboard and hoisted into the helicopter. Tragically, the other two crewmembers did not survive. The fishermen were all wearing survival suits; however it was later reported that the suits were old, in poor repair, and the seams were cracked. The suits that were meant to save lives were not watertight.

This tragic accident highlights the need for all vessel owners, masters, and captains to test the functionality of immersion suits stored on their vessels. Under federal law, it is the duty of the person in charge of the vessel to make sure all lifesaving gear is properly maintained and inspected before each voyage.

Published on: March 7, 2023

Tagish Tugboat Recovery Mission

by Joseph Stacey

The U.S. Coast Guard has successfully recovered a partially submerged tugboat that was located at the National Guard Dock in Gastineau Channel, Alaska.

In late December of 2022, the U.S. Coast Guard Sector Juneau was notified after an oil sheen was discovered. Working together, the city of Juneau, the U.S. Coast Guard, and the Alaska Department of Environmental Conservation assembled a response team to deal with the vessel.

A barge-and-crane system was deployed by the salvage firm Melino’s Marine Services, that was contracted to dewater, defuel, and dismantle the TAGISH tugboat. Pieces of the demolished vessel were then placed on a barge and shipped out-of-state for disposal. The operation took about two weeks.

Published on: February 7, 2023

Search for F/V Ethel May Crewmember Suspended

by Nigel Stacey

U.S. Coast Guard Watchstanders at the Thirteenth District in Seattle received an Emergency Position Indicating Radio Beacon (EPIRB) transmission from the F/V ETHEL MAY on Sunday, February 5^th at approximately 7:30 p.m. The 46-foot crabbing vessel was near the Willapa Bay entrance at the time of the distress transmission.

Watchstanders at Coast Guard Sector Columbia River in Warrenton, Oregon, were also notified that the wife of one of the men aboard the vessel called 911 to report an emergency.

U.S. Coast Guard Air Station Astoria immediately launched a MH-60 Jayhawk helicopter aircrew and U.S. Coast Guard Station Grays Harbor launched a 47-foot Motor Lifeboat and crew.

Published on: January 17, 2023

U.S. Coast Guard Rescues 7 from Disabled Tug

by Nigel Stacey

On Saturday January 14^th, 2022, The U.S. Coast Guard rescued seven people after a 1,000-foot towing line snapped and the tug they were piloting became disabled. The incident happened about 30 miles off the coast of Ocean City, Maryland at approximately 3:30 a.m.

Crew members aboard the tug LEGACY were towing a 290-foot barge from New Jersey to Guyana at the time of the incident. The 1,000-foot towing line became caught in the starboard propeller. One engine was still functional, and the crew tried to regain control of the barge; however, the line snapped.

One of the LEGACY crew members called the U.S. Coast Guard Sector Maryland-National Capital Region and reported that they were disabled, adrift, and preparing to abandon ship.

Published on: January 10, 2023

Secretary of Commerce Gina Raimondo Approves Disaster Declarations for Alaska and Washington

by Joseph Stacey

U.S. Secretary of Commerce Gina Raimondo announced on December 16^th, 2022, the approval of multiple Alaska and Washington fishery disaster requests. This approval is based on data submitted by states and/or local tribes.

“America’s fisheries are a critical part of our national economy and directly impact our local communities when disasters occur,” said Secretary of Commerce Gina Raimondo. “These determinations are a way to assist those fishing communities with financial relief to mitigate impacts, restore fisheries and help prevent future disasters.”

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Interjurisdictional Fisheries Act (IFA) (learn more here), the following fisheries meet the criteria for a fishery disaster determination:

Published on: November 30, 2022

U.S. Coast Guard Clamps Down on ‘Paper Captain’ Operators

by Nigel Stacey

The U.S. Coast Guard Sector Columbia River is clamping down on “paper captains” in the waters of Washington and Oregon thanks to Lt. Cmdr. Colin Fogarty, enforcement chief for the sector in Warrenton, Oregon. As an educated and licensed attorney, Fogarty, and his colleagues are highly skilled at proving Jones Act violations and enforcing the law.

Under the Jones Act section 12131 of title 46 of the United States Code, U.S. flagged vessels are required to be under the command of a U.S. citizen. In an effort to save money, some vessel owners hire foreign nationals to command U.S. flagged commercial fishing vessels, offering lower pay. A U.S. citizen, often a subordinate or a deckhand, is listed on paper as the captain. These “paper captains” are not qualified or properly trained to command a vessel. Not only are they breaking the law, but they are putting crewmembers at risk. Lack of proper training and human error cause a majority of maritime accidents.

“The employment of a foreign national as captain aboard a U.S.-flagged commercial fishing vessel is illegal,” said Lt. Cmdr. Colin Fogarty, the enforcement chief at Coast Guard Sector Columbia River in Warrenton, Oregon. “The practice of utilizing paper captains subverts U.S. laws and regulations designed to protect hard-working American fishermen and mariners.”

Published on: November 22, 2022

Washington State Bans Commercial Net-Pen Fish Farming

by Joseph Stacey

State Commissioner of Public Lands Hilary Franz announced on Friday, November 18^th that commercial net-pen farming of finned fish will end in the waters of Washington state. Of note, net-pen fish farming has been banned in Alaska, Oregon, and California. Canada is calling for companies to phase out the practice before 2025.

The executive order came after the termination of the Cooke Aquaculture’s leases near Hope Island and Rich Passage. In 2016, Cooke Aquaculture bought up all net-pen operations in Washington state.

“This is a critical step to support our waters, our fishermen and women, our tribes and the native salmon that we are so ferociously fighting to save and have so little time to do so,” Franz said.

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 16, 2022

Alaska’s Bering Sea Snow Crab & King Crab Seasons Canceled

by Nigel Stacey

Officials in Alaska have cancelled the autumn Bristol Bay red king crab harvest as well as the winter snow crab harvest. After a summer population survey showed dismal stocks, the difficult decision to cancel was announced by the Alaska Department of Fish and Game. Biologists and senior agency officials alike agreed that this is the best decision amid deep conservation concerns.

“Management of Bering Sea snow crab must now focus on conservation and rebuilding given the condition of the stock,” the Alaska Department of Fish and Game said in a statement. “Efforts to advance our science and understanding of crab population dynamics are underway. With crab industry input, ADF&G will continue to evaluate options for rebuilding, including potential for sustainably fishing during periods of low abundance.”

Snow crabs are a cold-water species, usually found in areas where water temperatures are below 2 degrees Celsius. The snow crab population collapse is still being investigated; however, scientists believe the 2019 warming of the Bering Sea has caused a change in the crabs’ metabolism, which is leading to starvation. Warmer waters may also be advantageous to certain predators, further decreasing crab stocks. Last year’s harvest was the smallest in 40 years, with a 5.6 million pound harvest.

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.