Columbia River gill netters will have a brief four-hour season for Spring Chinook on Wednesday. Approximately 50-75 boats are anticipated to participate in the fishery targeting the prized fish. The market price for spring Chinook rivals that of the Copper River Salmon.
March 27, 2010 – A 32 foot recreational vessel exploded at a Portland Oregon fuel dock. Three people were rescued from the water and transported to local hospitals for treatment. The Coast Guard and the Portland Fire Department responded to the accident which occurred at Donaldson’s Marina. The cause of the explosion is under investigation.
A 712-foot container ship en route from Dutch Harbor, Alaska to Tacoma, Washington has lost power in the Strait of Juan de Fuca. The Horizon Tacoma experienced problems with its number one engine, and shut down the engine three nautical miles north of Neah Bay on Tuesday. A state emergency response tug was sent to aid the ailing ship, and was on the scene within 15 minutes. Under tow by Foss tugs, the container ship is en route to Tacoma for needed repairs.
The state-of-the-art, 207-foot-long tuna vessel, Sea Fox, is reporting a man missing overboard near American Samoa. The crewman was last seen aboard the vessel on Thursday. The Coast Guard and Sea Fox crew are conducting air searches for the missing man. It is not known whether the crewman was wearing a life vest or flotation device. Records indicate the Sea Fox is managed by South Pacific Tuna Corporation and United States Tuna Management Company, home-based in San Diego, California.
American Seafoods has been ordered to produce the Northern Hawk for inspection by an injured seaman. The matter arises out of a plate freezer accident on board the Northern Hawk in 2008. American Seafoods had refused to allow the inspection unless the injured seaman first agreed to have his deposition taken. Under Washington Court rules there is no priority given to a vessel owner permitting them to take a deposition prior to responding to discovery requests. In this case, the injured seaman had been seeking to inspect the vessel for many months prior to American Seafoods requesting the crewman’s deposition. The Court ordered American Seafoods to produce the Northern Hawk at a mutually agreeable time prior to the vessel departing for 2010 Pollock season, and that the seaman’s deposition was to be conducted only after the vessel inspection. The Court further held that the seaman and his legal experts did not need to sign liability waivers as a condition of inspecting the vessels. American Seafoods will be required to operate and allow measurement of the plate freezer and the plate freezer controls during the inspection. The seaman will be required to reimburse American Seafoods sixty dollars for operating the plate freezers during the vessel inspection. The seaman was represented by Beard Stacey & Jacobsen. The case is Sanchez v. American Seafoods, King County Cause No. 09-2-12715-8-SEA.
In cases involving serious personal injury, the inspection of the vessel by experts selected by the injured seaman’s lawyers is a critical piece of the process of evidence gathering. It is important that all machinery be operational at the time of the inspection and that the accident site be fully photographed and videotaped. What type of experts conduct the inspection is dependent upon the type of equipment and injuries involved. It is important to document the accident site before changes are made to the ship’s equipment involved in the accident.
Three Alaska fishing vessels have been ordered by the United States Coast Guard to return to port for violations of safety regulations. One of the vessels had an expired life raft and the other two vessels lacked primary safety devices. Two of the vessels also had expired documentation. Two of the vessels were home ported in Craig, Alaska and the third vessel was from Klawock.
Coast Guard regulations require life rafts to be repacked annually and the hydrostatic releases must be regularly replaced and serviced. The Coast Guard conducts random vessel inspections of commercial fishing vessels. Remarkably, fishing vessels have few safety regulations that apply to them yet fishing vessels such as these still fail to comply with basic regulations relating to life saving equipment. In the past twenty years, epirbs, life rafts, and survival suits have allowed crewmen to survive many vessel sinkings. These three cited vessels will have to prove compliance with Coast Guard regulations before they can return to sea. Voluntary dockside safety inspections are available from the Coat Guard to all commercial fishing vessels.
Failure to maintain life safety equipment may render a vessel unseaworthy and result in imposition of liability in cases involving injuries and wrongful deaths.
The U.S. Coast Guard issued a notice setting the minimum random drug testing rate for covered crewmembers on U.S. vessels for the year 2010 at 50%. Employees involved in serious marine incidents involving injuries, loss of life, collisions, sinkings, etc. must also be tested for drug and alcohol within two hours of the accident
Under 46 CFR 16.230, the Coast Guard requires marine employers to establish random drug testing programs for covered crewmembers on inspected and uninspected vessels.
Every marine employer is required by 46 CFR 16.500 to collect and maintain a record of drug testing program data for each calendar year, and submit this data by 15 March of the following year to the Coast Guard in an annual MIS report. Marine employers may either submit their own MIS reports or have a consortium or other employer representative submit the data in a consolidated MIS report.
The 32 foot limit on salmon drift boats in Bristol Bay will stay in place. The Alaska Board of Fisheries failed to pass a proposal to repeal the 32 foot limit during its December, 2009 meeting in Anchorage. The board vote on the proposal was deadlocked at 3-3 with one board member abstaining. Supporters advocating the increase in the length argued that larger vessels would permit flooded fish holds and chilling systems to be installed thereby increasing a higher quality product. Alaska permit holders generally opposed the proposal and thought that a larger boat base might come to dominate the fishery. A similar proposal to eliminate the 32 foot restriction was rejected in 2006.
The Government Accounting Office has upheld an appeal of the National Oceanic and Atmospheric Administration’s, ( NOAA), decision to relocate its home port from Seattle to Newport. The decision to appeal the move was made by the Port of Bellingham who claimed that NOAA did not consider the fact that the Newport location was within the 100 year flood plain of the Yaquina River and therefore violated Federal rules for construction of new facilities.
The 20 year lease at stake is for the home port of four NOAA research ships that begins in 2011 and is worth in excess of $40 million dollars. The NOAA home port involves an estimated 78 shoreside employees and up to 178 researchers aboard the vessel. However, the home port location would also support and employ numerous related private industries. The NOAA center had been previously located in Seattle for the past sixty years.
NOAA has indicated that they will work with Government Accounting Office to alleviate their concerns over the Newport location. Don Mann, manager of the Port of Newport, has indicated that work is continuing ahead on the project and that the Port has hired various contractors and engineers to start work on the new Newport facility. Newport’s rent bid of $2.5 million for the NOAA site was substantially less than the Port of Bellingham’s $4 million dollar per year bid.
The crewman who was lost overboard the crab fishing boat BALLAD has been identified as Steve Neva of Ilwaco, Washington. Clatsop County recovery divers found Neva’s body caught in crab gear and lines wrapped in the propellor shaft. Evidence indicates that he was trapped beneath vessel. There was no indication that Neva had been injured by the vessel’s propeller.
Chinook, Washington crab fisherman David Lethin has ownership interest in the BALLAD. Lethin owns multiple other vessels including the ALEUTIAN BALLAD which is now be utilized in the Alaska trade to show tourists a working crab boat. Lethin’s vessels have also been highlighed in the Discovery Channel’s Deadliest Catch television show.
Maritime Injury Law Blog