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Safety Rules Still Lax After F/V Scandies Rose and F/V Destination Losses

Five years have passed since the tragic loss of the F/V SCANDIES ROSE, and seven years since the sinking of the F/V DESTINATION. Both vessels were burdened with crab pots that exceeded the estimated weights in their stability reports, and both vessels capsized during severe weather conditions. The attorneys at Stacey and Jacobsen, PLLC have been closely involved in these tragic cases, representing both the two surviving crew members of the F/V SCANDIES ROSE and the wife and three children of a deceased crew member from the F/V DESTINATION.

Despite a 2010 congressional mandate for stability training, the U.S. Coast Guard has yet to implement the requirement. Currently, there is no formal process in place for reviewing stability calculations for non-processor crab vessels or the vast majority of fishing vessels operating in Alaska.

A stability report for crab boats, like those used in the fishing industry, is a crucial safety document that details how a vessel behaves in various loading conditions, ensuring that it remains stable and safe in the water.

The U.S. Coast Guard’s Best Practices Guide to Vessel Stability defines vessel stability as the capability of a fishing vessel to regain its upright position after being tilted by various factors such as wind, waves, or the forces generated during fishing operations. An unstable vessel lacks the necessary capacity to resist these external forces, making it vulnerable to capsizing.

In the stability equation, buoyancy and gravity serve as the two key variables. Buoyancy is the upward force that enables a vessel to float, with the total buoyancy forces spread across the submerged portion of the hull. This factor is considered fixed, as it is determined by the vessel’s structural design. In contrast, gravity acts as the downward force, accounting for the vessel’s total weight, which includes gear, fuel, catch, ice, and bait. These weights are distributed throughout the hull and calculated as a single point known as the center of gravity. Unlike buoyancy, gravity is not a constant factor, as the vessel’s weight changes continuously with the addition or removal of cargo and supplies.

If a ship’s architecture does not change and the buoyancy remains static, how can these reports be out of date? According to Bud Bronson, a U.S. Naval Academy graduate and Naval Architect, the problem with stability comes from this change in the center of gravity. “Weight is constantly being added to a vessel, a little at a time. Imagine a pump goes out on a vessel. The captain might purchase a new heavier pump as well as an extra, so he doesn’t have to go purchase another if and when the new one fails. The spare pump is stored on the vessel, adding weight to the vessel, which changes the center of gravity.”

The issue resurfaces whenever a boat owner acquires new crab pots. Many structural improvements have been made over the years to this equipment. Crab pots are bigger, stronger, and heavier than they were 10 years ago. While the older crab pots weighed around 500 pounds each, the newer, more durable models are larger and can weigh up to 700 pounds.

A pot recovered after the sinking of the F/V DESTINATION on February 11, 2017, was found to exceed the recommended weight specified in the stability report. Scott Wilwert, coordinator of the U.S. Coast Guard 17th District Fishing Vessel Safety Program, stated that the discovery has prompted spot checks, with the weight issues uncovered in the F/V DESTINATION case serving as a key factor driving the inspections.

“This is not something we had done with any real regularity in the past, and the testimony we heard from the Destination got us thinking that we should take a look,” said Wilwert.

As the F/V DESTINATION set out for the snow crab harvest, it carried about 200 crab pots and 3,000 pounds of bait, consistent with the 1993 vessel’s stability report. However, the report was based on older equipment, with crab pots that weighed roughly 100 pounds less than the newer pot recovered from the wreck. This discrepancy highlights the increased weight of modern gear compared to what was originally accounted for in the vessel’s stability assessment.

According to Bud Bronson, “Getting a new stability report every 10 years is always a good idea, but an even better way to keep a vessel safe is to get rid of unneeded equipment and accurately keep track of the weights of all equipment. When you replace something, keep track of the weight of the item you discard, and the weight of the new item brought aboard.”

The U.S. Coast Guard published a Marine Safety Alert on October 6th, 2017 that advises vessel owners and crew to review their stability report and pay close attention to pot weights. “If the weights exceed the stability report, it’s important to update the document,” the U.S. Coast Guard stated. The safety alert also focuses on the dangers of freezing spray, which accumulates high above the main deck. Icing conditions exceeding 1.3 inches increase the risk of capsizing and sinking.

Why Stability Reports Must Be Updated

If a vessel undergoes modifications—such as changes to the deck, installation of new equipment, or modifications to the superstructure, these can impact the weight distribution and stability. Over time, a boat’s hull can accumulate weight from modifications, added equipment and sometimes discarded equipment that hasn’t been removed from the vessel.  Wear and damage also affects buoyancy. An updated report ensures that the boat’s current condition is accurately reflected.

If a vessel changes its fishing methods or the types of loads it carries, the stability characteristics may change. For example, different methods of stacking crab pots, using newer heavier pots, or carrying varying amounts of catch can impact stability. The report should be updated to guide safe operations under these new conditions.

The Hockema Group is set to offer a four-hour stability training session in Seattle, coinciding with the Pacific Marine Expo. The session will take place at the Silver Cloud Hotel on Friday, November 22, 2024, at 8:00 AM. The training will focus on key aspects of vessel stability, including factors such as watertight integrity and risks of downflooding—issues that can arise from open doors or hatches. In 2001 the tragic loss of the F/V ARCTIC ROSE in 2001 was due to a watertight door being tied open. Crewmembers were unable to close it quickly, underscoring the critical importance of these safety measures. This training is not only for captains, but also for every crewmember.

The fishing industry and regulatory bodies, including the U.S. Coast Guard, need to work together to improve stability standards for these vessels, ensuring that all are held to strict and current safety regulations to prevent future tragedies. Stacey and Jacobsen, PLLC would advise all vessel owners and people who work at sea to update stability reports by making any necessary adjustments on your vessel and stay safe.

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