Maritime News & Law

Published on: November 19, 2024

NOAA Unveils Plan to Strengthen Seafood Import Monitoring

Illegal, unreported, and unregulated (IUU) fishing harms both consumers and fishermen by undermining the seafood industry’s integrity. For fishermen, IUU fishing causes economic losses by flooding markets with illegal seafood, depletes fish stocks through overfishing, and creates unfair competition as illicit operators bypass regulations and compliance costs. Tackling IUU fishing is vital to ensure safe, sustainable seafood and protect fishermen’s livelihoods. For consumers, IUU fishing increases the risk of unsafe or mislabeled products, exposing them to potential health risks.

NOAA has just unveiled an action plan to enhance the Seafood Import Monitoring Program (SIMP), working to strengthen the integrity of U.S. seafood imports and fight IUU fishing. This plan follows a comprehensive review initiated in November 2023, during which NOAA worked with over 7,000 stakeholders, including industry professionals, foreign governments, researchers, and non-governmental organizations. The feedback gathered has been instrumental in developing a plan designed to strengthen SIMP’s impact and effectiveness. The plan outlines four primary goals.

Enhance NOAA Fisheries’ Ability to Combat IUU Fishing

Published on: November 12, 2024

US Court Dismisses Alaska Fishing Group’s Halibut Bycatch Lawsuit

by Joseph Stacey

A recent legal battle between the Groundfish Forum, representing the interests of Alaska’s flatfish fishing sector, and the U.S. government over new halibut bycatch regulations ended in favor of the National Marine Fisheries Service (NMFS). In a ruling delivered by U.S. District Judge Sharon Gleason, the court upheld Amendment 123, a decision that reinforces the government’s approach to managing halibut bycatch in the Bering Sea and Aleutian Islands (BSAI) fisheries. This case is an example of the tension between regulatory bodies, conservationists, and the fishing industry regarding sustainable practices in one of the world’s most economically valuable fishing zones.

The Alaska flatfish fishing industry, especially its bottom trawling sector, plays a substantial role in the BSAI region. However, the industry has long faced scrutiny over halibut bycatch. Limits have traditionally been a source of contention due to their direct effect on fishery profits and the need to protect halibut stocks, a critical species for commercial, recreational, and subsistence fishers.

“CBSFA has worked for nearly a decade to have the management of halibut bycatch changed to be more responsive to changes in the health of the halibut resource – to be abundance-based – and now we finally have closure,” said CBSFA President Ray Melovidov in response to the ruling.

Published on: September 17, 2024

The Dangers of Commercial Fishing Winches

by Joseph Stacey

Within Alaska’s commercial fishing industry, deck machinery has emerged as a leading source of serious injuries, with winches being a major culprit. In a study prepared by the U.S. Centers for Disease Control and Prevention and published in the Journal of Agromedicine, Volume 28, 2023 – Issue 3, injury data from the past 20 years was analyzed and used to highlight the critical need to develop targeted safety measures.

The study reviewed injury claims submitted to the Alaska Fisherman’s Fund (AFF) between January 1, 2000, and November 1, 2020. Researchers identified 125 traumatic injuries caused by commercial fishing winches, revealing alarming patterns of injury and highlighting the need for practical solutions.

The vast majority of winch-related injuries occurred among male fishermen, who accounted for 94% of the cases. A significant proportion (54%) were under the age of 30, emphasizing the vulnerability of younger, less experienced workers. Over 80% of the injuries took place in Alaska’s salmon fisheries, with specific risks depending on the type of gear in use.

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 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.

Published on: June 18, 2024

Washington Department of Ecology Fines Pacific Seafood $222,000

by Joseph Stacey

Pacific Seafood’s Westport facility has been fined $222,000 for “repeatedly discharging polluted wastewater into Half Moon Bay in Westport.” The Washington Department of Ecology also reported that in the past two years, the facility has violated its water quality permits 58 times.

“It’s unacceptable that this facility is continuing to pollute Half Moon Bay after repeated citations and technical assistance,” said Vince McGowan, Ecology’s water quality program manager. “The majority of similar companies in the industry are able to meet permit requirements. The bottom line is that we need this facility to comply with their permit and stop polluting Half Moon Bay. This includes making any needed upgrades to their wastewater treatment system to fix the problem.”

Pacific Seafood failed to monitor its wastewater discharge as mandated. The Department of Ecology determined that the company’s wastewater contained “too much organic matter, solids, acidity, oil and grease, and fecal coliform bacteria.”

Published on: May 3, 2024

Federal Government Assumes Management of Salmon Fishing in Parts of Cook Inlet

by Joseph Stacey

Spring Chinook Salmon. Photo courtesy Michael Humling, US Fish & Wildlife Service

Salmon fishing in the federal waters of Cook Inlet will restart this summer with a shift in management to the federal government, as finalized in a recent ruling. The National Marine Fisheries Service (NOAA Fisheries), a branch of the National Oceanic and Atmospheric Administration, is assuming control over salmon management in the inlet waters categorized as the federal exclusive economic zone, extending beyond 3 miles offshore. This new regulation becomes effective on May 30th.

Up until this point, the state had overseen salmon fisheries in both state and federal waters of the inlet. However, due to a decade-long legal battle, federal courts mandated a shift in management. The United Cook Inlet Drift Association (UCIDA), comprising commercial salmon fishermen, initiated legal action against the federal government in 2013, alleging a failure to formulate a salmon harvest management plan for the federal waters of the inlet. Instead of crafting a specific plan for Cook Inlet salmon, the National Marine Fisheries Service had relied on the Alaska Department of Fish and Game, which historically managed salmon harvests across the inlet in both state and federal waters since statehood.

Published on: April 23, 2024

Three Charged with Illegally Transporting Crab from Alaska to Washington

by Joseph Stacey

An indictment from a federal grand jury in Alaska has been issued, accusing the owner and captains of two crab catcher vessels of unlawfully transporting crab from Alaska, a violation of the Lacey Act.

According to legal documents, Corey Potter is identified as the owner of two fishing vessels. Justin Welch and Kyle Potter serve as the captains. Between February and March of 2024, these vessels amassed a haul exceeding 7,000 pounds of Tanner and golden king crab in Southeast Alaska. Corey Potter allegedly instructed Kyle Potter and Justin Welch to transport the crab to Seattle, Washington, in an effort to fetch a higher price than that which could be obtained in Alaska. Neither captain docked the harvested crab at an Alaskan port, failing to document the harvest on a fish ticket, as mandated by state law.

Reportedly, the crab was transported through Canadian and Washington waters. Upon reaching Washington, a significant portion of the king crab was discovered to be dead or unsuitable for sale. Corey Potter purportedly admitted that some of the crab on board was afflicted with Bitter Crab Syndrome (BCS), a fatal parasitic disease affecting crustaceans. An additional 4,000 pounds of Tanner crab was allegedly disposed of due to the risk of BCS contamination. Legal documents contend that had the crab been correctly landed in Alaska, the harvest would have been inspected, and infected crab would have been identified and discarded before departing from Alaska.

Published on: April 16, 2024

Partners Nigel Stacey and Joe Stacey Judge 31st Annual Judge John R. Brown Admiralty Moot Court Competition

by Nigel Stacey

Last week, Nigel Stacey and Joe Stacey, partners at Stacey and Jacobsen, PLLC, were honored to serve as judges for the esteemed 31st Annual Judge John R. Brown Admiralty Moot Court Competition.

This annual competition hosted 32 law school teams from across the country to deliver arguments on issues pertaining to maritime law. The event honors Judge John R. Brown, renowned for his service as a distinguished admiralty judge on the United States Court of Appeals for the Fifth Circuit.

Other volunteers in this competition have included federal judges, prominent members of the maritime bar, presidents and past presidents of the Maritime Law Association of the United States, as well as admiralty professors.