Maritime Injury Law Blog

Published on: January 29, 2019

Effects of Government Shutdown on U.S. Coast Guard Workers, Families, and Economy

While Monday was the first day back to work for hundreds of thousands of workers around the country, it was just another day for the U.S. Coast Guard; they have been working without pay since the partial government shutdown began on December 22, 2018. Most service members received a check for back-pay on Monday, but the possibility of another shutdown on February 15th is making families nervous, keeping pop-up food pantries open, and has Brett Reistad, national commander of the American Legion, looking for ways to replenish the organization’s Temporary Assistance Fund, which has been severely depleted after over $1 million in grants of $500 to $1500 were distributed to needy Coast Guard families. In a statement, Reistad said, “I’ve been in the Legion 38 years, and I’ve not experienced an instance like this.” Approximately 1,500 grants have been distributed to 1,713 Coast Guard families since January 15th. Specifically, 3,170 children of Coast Guard workers were helped by these grants.

“We try to stay out of politics,” Reistad said, “but we have to recognize the possibility of this happening again. These are our brothers and sisters,” he said of Coast Guard members. “They were out there risking their lives, saving lives.” If Congress and the White House are unable to compromise, another government shutdown could ensue on February 15th.

Since the U.S. Coast Guard falls under the Department of Homeland Security, they are one of the government agencies not paid during a shutdown but are still required to show up for work. Many politicians are working towards legislation that would ensure that Coast Guard workers get paid just as other branches of the military during a government shutdown.

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.

Published on: January 22, 2019

Coast Guard Announces Official Investigation into F/V Mary B II Capsizing

by Joseph Stacey

The U.S. Coast Guard has announced that it will formally investigate the sinking of the F/V MARY B II, which capsized near Newport, Oregon along the Yaquina Bay bar on January 8th. Three men died as the result of the sinking of the 42-foot vessel. It was reported that prior to the accident, the crew called for a Coast Guard escort due to heavy weather and 14 to 16 f00t waves. Tragically, before the escort reached the vessel, it capsized.

Rear Admiral David Throop has authorized the investigation. He is the Commander of the Thirteenth Coast Guard District which is headquartered in Seattle, Washington. Rear Admiral Throop is responsible for all Coast Guard operations throughout the Pacific Northwest including protection of life and property, enforcement of federal laws and treaties, preservation of living marine resources, and promotion of national security. The Thirteenth District is made up of Washington, Oregon, Idaho, and Montana, and includes over 4,400 miles of coastline.

Commander Karen Denny, who has over 18 years of experience investigating marine casualties with the Marine Safety Unit Portland, will lead the investigation. Commander Denny will then issue a report which will detail collected evidence, conclusions, and safety recommendations that could help prevent future accidents of this kind.

Published on: January 15, 2019

42,000 Coast Guard Members Miss Paycheck

by Joseph Stacey

42,000 active-duty U.S. Coast Guard members have missed their first paycheck due to the government shutdown. Coast Guard members are continuing to work without pay on essential duties “that provide for national security or that protect life and property during partial government shutdowns,” such as securing U.S. ports and coastlines, search-and-rescue missions, and environmental events.

Active-duty personnel who work in other branches of the military continue to receive pay as they are funded by the Department of Defense, which continues to receive funding during a partial government shutdown. However, the U.S. Coast Guard falls under Homeland Security, one of the nine departments affected by the shutdown. Others include the Department of Agriculture, the Department of the Interior, the Department of State, the Department of Housing and Urban Development, the Department of Transportation, the Department of Commerce, and the Department of Justice. The Environmental Protection Agency, NASA, and the Smithsonian have all shut down as they are under the umbrella of one of the nine department closures.

On January 4^th, a bipartisan bill was introduced in Congress called the Pay Our Coast Guard Act. It would allow members of the U.S. Coast Guard as well as its civilian employees and contractors to be paid throughout the shutdown. The bill which is sponsored by Oregon Congressman Peter DeFazio, and has support from 29 Democrats and 10 Republicans. South Carolina Congressman Joe Cunningham cosponsored the bill.

Published on: January 9, 2019

Three Lost in Oregon – MARY B II Capsized

by Joseph Stacey

Mary-B-II It is with great sadness that we report the death of three crew members from the MARY B II. The vessel was returning from crabbing late in the evening on Tuesday, January 8, 2019. The U.S. Coast Guard reported that the 42-foot vessel overturned as it crossed Yaquina Bay Bar in Newport, Oregon, a difficult crossing well known in the fishing industry.

A week-long winter storm had battered the bar with reported waves on Tuesday of 14 to 16 feet. Before it capsized, the MARY B II had requested a Coast Guard escort as it crossed the bar. The 52-foot Motor Life Boat Victory was in the area when two crew members of the MARY B II were washed overboard and the vessel subsequently capsized.

An additional Coast Guard vessel was called to the scene, as well as a Coast Guard MH-65 Dolphin helicopter. James Lacey, 48, from New Jersey was extracted by helicopter and flown to Samaritan Pacific Communities Hospital, where he was pronounced dead. Joshua Porter, 50, of Toledo, Oregon, washed up on the beach and was treated by emergency medical services; he was taken to Samaritan Pacific Communities Hospital and pronounced dead.

Published on: January 8, 2019

Westport Washington Marina Ranked 11th in the Nation

by Joseph Stacey

Westport_Marina In a recent report published by the National Oceanic and Atmospheric Administration, the Westport Marina in Washington State was ranked 11th for national seafood landings in 2017. More than 250 commercial fishing vessels make use of the marina each year, landing over $64 million in seafood. This equates to roughly 150 million pounds of salmon, crab, hake, and other species each year.

“We are incredibly proud of the hundreds of commercial fishermen that utilize and depend on the Marina’s facilities and services for their livelihood,” said Westport Marina Business Manager Molly Bold. “Projects planned for 2019 will continue to improve the infrastructure our fishing industry needs to thrive.”

In first place for volume was Dutch Harbor Alaska, which for the 21st year in a row maintained their first-place status with approximately 769 million pounds of seafood landed. The total U.S. harvest for 2017 is estimated at 9.9 billion pounds of fish and shellfish.

Published on: December 18, 2018

F/V Nordic Viking Sinks, Coast Guard Leads Cleanup

by Joseph Stacey

The U.S. Coast Guard has taken the lead in the cleanup of over 700 gallons of marine diesel fuel and 50 gallons of gasoline that spilled after the sinking of the F/V NORDIC VIKING. The 71-foot vessel was in Seward Harbor, Alaska at the time of the incident. The cause has yet to be determined.

The Coast Guard will be initially using funds from the Oil Spill Liability and Trust Fund to pay for the cleanup, but the responsible party will be liable for expenses associated with containment, cleanup, and damages. Alaska Chadux, a non-profit organization founded in 1993 after the Exxon Valdez oil spill, has been contracted in the cleanup efforts, and Global Diving and Salvage has been contracted to salvage the 71-foot fishing vessel.

Alaska Chadux had to deploy a second containment boom and absorption pads around the sunken vessel after the first boon was pulled down as the vessel sunk further beneath the water. Global Diving and Salvage has also plugged all fuel vents to prevent any additional fuel leakage.

Published on: December 11, 2018

Fire Aboard F/V Ocean Pearl, Four Rescued

by Joseph Stacey

On Saturday, December 8th, the U.S. Coast Guard rescued four crewmembers who abandoned ship after a fire broke out aboard the 75-foot F/V OCEAN PEARL. The vessel was located approximately 16 miles southeast of Cape May, New Jersey at the time of the incident.

Crew members reported that an electrical fire broke out just after 10:30 EST. One of the crew members was able to activate the Emergency Position Indicating Radio Beacon (EPIRB) just before abandoning ship.

According to authorities, a call was made to watchstanders at Coast Guard Sector Delaware Bay’s command center using a handheld radio. The Cape May station dispatched two 45-foot Response Boat-Medium crews as well as the 87-foot patrol boat CUTTER CROCODILE.

Published on: December 4, 2018

Alaska Earthquake Shakes Region

by Joseph Stacey

The massive earthquake that rocked Anchorage, Alaska, on Friday, November 30th caused widespread damage to roads, buildings, schools, and homes. Initially, a tsunami warning was issued after the quake, but it was revised and canceled after authorities assessed that there would be no giant wave.

The earth began shaking at approximately 8:29 a.m. about eight miles outside of Anchorage. The jolting quake lasted for about one minute and registered 7.0. Many residents reported that they heard the rumbling sound of the quake just before the shaking began. And everyone agreed, it could have been so much worse.

The few fires that started were extinguished quickly, no large buildings collapsed, and no deaths have been reported resulting from the quake. It is widely believed that updated building code requirements and retrofitting efforts created a safer environment for everyone. At a press conference, Governor Bill Walker stated, “Building codes mean something.”

Published on: November 27, 2018

Happy 100th Birthday to IBU

by Joseph Stacey

The Inlandboatmen’s Union of the Pacific turned 100 years old last week and members celebrated the centenarian organization at the Museum of Flight in Seattle. The organization, founded on November 20, 1918 in San Francisco, California, has quite a different look today, but the underlying directives set forth then are still with us today; to give workers a strong voice in numbers which in turn creates better working conditions.

When a meeting between deckhands and local fireman was called by Clyde W. Deal (1888-1978), deck workers and engine room workers were brought together under the same union umbrella for the first time in U.S. maritime labor history. Founded in 1918 in San Francisco, they were known simply as the Ferryboatmen’s Union of California. At the time, ferries in San Francisco Bay were owned by thriving railroad companies. Among those who organized were deckhands, watchmen, bargemen, oilers, cooks, waitresses, and firemen.

Prior to 1930, it was not uncommon for deckhands to be forced to work 12 to 18 hours per day. This was not only inhumane but created a dangerous work environment for everyone. Early bargaining successes included an 8-hour work day and a guarantee of a “dismissal wage,” or severance package for ferry workers who were displaced after the building of the San Francisco Bridge.