Maritime News & Law

Published on: April 9, 2024

Alaska Legislature Boosts Fishermen’s Fund Payments

Stacey and Jacobsen, PLLC is pleased to announce that Senate Bill 93 sailed through the Alaska House with a resounding 39-1 majority, with only Representative David Eastman, R-Wasilla, in opposition. This legislation, championed by the Senate Labor and Commerce Committee and several other organizations, raises the caps on compensation from the Alaska Fisherman’s Fund for injuries and illness sustained by commercial fishermen. Its passage strengthens the assurance that medical expenses from fishing-related accidents are better addressed for crew members.

“I think it’s crucial that we support hard working Alaskans, especially when they’ve become ill or injured on the job and need money from funds that they have paid into,” said Senate Labor and Commerce Committee Chair Jesse Bjorkman R-Nikiski. “Commercial fishermen will have greater financial support from the Alaska Fisherman’s Fund when they file a claim with no cost to the State, because the Fisherman’s Fund dollars come from fees received from commercial fishing license sales.”

The Fishermen’s Fund was established in 1951. The fund provides medical treatment and care for licensed commercial fishermen who sustain injuries while working in fishing activities in Alaska. Whether offshore or onshore, fishermen are covered while on active crew status.

Published on: January 30, 2024

Ilwaco Community Salvaging Crabbing Season After Fire

by Joseph Stacey

On Monday, January 22^nd, 2023, at about 11 AM, calls flooded 911 dispatchers with reports of a blaze at the Ilwaco Landing Cannery. The Ilwaco Fire Department, headed by Fire Chief Jeff Archer, promptly responded to the distress calls. The fire originated on the Ilwaco Landing wharf, situated over Baker Bay waters near the mouth of the Columbia River.

The blaze engulfed nearly all structures on the Ilwaco Landing wharf, including the cannery building, crab pots, vehicles parked on the dock, and the dock itself. The fire resulted in a complete and total loss.

The 2024 Commercial Dungeness Crab Fishing Season begins this week on February 1^st, which means the crabbing fleet was busy staging for their season. Approximately 8,500 commercial crab pots, equipped with ropes and licenses, were assembled on the dock in anticipation.

Published on: December 19, 2023

Legislators Introduce Bill Ensuring Protection and Welfare of Commercial Fishermen

by Joseph Stacey

Senators Susan Collins (R-ME), Dan Sullivan (R-AL), and Edward Markey (D-MA) have spearheaded a bipartisan initiative by introducing the FISH Wellness Act, aimed at enhancing safety, health, and well-being in the fishing industry. This proposed legislation aims to expand upon the successes of the Commercial Fishing Occupational Safety Research & Training Program. It seeks to tackle a spectrum of occupational hazards encountered by fishermen, including worker fatigue and substance use disorders. The act will boost funding for the program, making research and training grants more attainable by removing match requirements.

During the Pacific Marine Expo this year, a coalition of commercial fishing industry professionals convened to deliberate on approaches to tackle the mental health concerns among commercial fishermen. Across generations, individuals have dealt indirectly with mental health challenges, prompting the newer generation to advocate for a more straightforward approach; talking openly about and resolving mental health issues.

“Providing our next generation of fishermen and women with the mental health and substance abuse care that they need is vital to the success of our industry,” said Andrea Tomlinson, founder and executive director of New England Young Fishermen’s Alliance. “Commercial fishing is the second most dangerous job in the US after logging, and these workers require extra mental and behavioral health support due to the strenuous and challenging conditions of this valuable trade.”

Published on: December 12, 2023

Vessel Citations Issued by U.S. Coast Guard

by Joseph Stacey

The U.S. Coast Guard is issuing a reminder to commercial fishermen to make certain that they have appropriate lifesaving gear on their vessels prior to leaving the dock.

Several U.S. Coast Guard teams carried out inspections on commercial fishing vessels navigating the Chesapeake Bay area and its tributaries between December 1st and 7th. This operation was strategically aimed at verifying observance of safety regulations by the commercial fishing fleet.

“Operating in the maritime environment can be dangerous, particularly in colder weather,” said Capt. Jennifer Stockwell, commander, Coast Guard Sector Virginia. “Having the appropriate lifesaving equipment onboard will dramatically improve a mariner’s chance of survival if they find themselves in distress.”

Published on: November 7, 2023

Conception Vessel Captain Found Guilty of Negligence in Fire that Killed 34

by Nigel Stacey

On the afternoon of November 6th, 2023, a federal court jury in Los Angeles found Jerry Nehl Boylan, the captain of the M/V CONCEPTION, guilty of gross negligence in the tragic maritime incident that claimed the lives of 34 individuals.

The M/V CONCEPTION, a 75-foot vessel, caught fire on Monday, September 2, 2019 while anchored. The fire swiftly engulfed the boat, resulting in its sinking and the tragic loss of 34 lives. Five crew members, including Boylan, managed to escape and survive.

Throughout the trial, prosecutors presented evidence and contended that Boylan, displayed negligence by failing to initiate a night watch or roving patrol, insufficient fire drills, poor crew training, and neglected to provide firefighting instructions or utilize available firefighting equipment. This evidence highlighted a series of failures on the part of Captain Boylan that significantly contributed to this tragedy. Boylan, who was responsible for the safety and security of the vessel, its passengers, and its crew, has been found guilty of his failures.

Published on: June 20, 2023

U.S. Coast Guard Welcomes New Commander

by Nigel Stacey

On June 15th, the U.S. Coast Guard Base Seattle celebrated the change of command ceremony hosted by U.S. Coast Guard Sector Puget Sound.

During the event, Capt. Mark McDonnell assumed command of Sector Puget Sound, relieving Capt. Patrick Hilbert from his position as the commander.

The ceremony was overseen by Rear Admiral Mel Bouboulis, who serves as the commander of the 13th U.S. Coast Guard District. This district is responsible for overseeing Sector Puget Sound, which encompasses the Pacific Coast of Washington State to the eastern border of Montana. Sector Puget Sound is also responsible for managing a 125-mile maritime international boundary with Canada as well as maintaining relationships with Tribal Nations.

Published on: May 23, 2023

Violations and Safety Concerns Plague F/V Pacific Producer

by Nigel Stacey

The 77- year-old F/V PACIFIC PRODUCER, which operates in the waters of the Pacific, has recently come under scrutiny due to numerous violations and safety issues. The 169-foot long vessel has been docked in Tacoma on the Foss Waterway since August of 2022, after smashing into a private pier. As concerns over the safety of the men and women who work in the fishing industry mount, it is crucial to shed light on the alleged wrongdoings surrounding this vessel. Accountability and improved practices within the fishing industry are imperative.

Labor Issues

A joint investigation by OSHA and the U.S. Coast Guard found the crew living in deplorable conditions while working for an operator with a history of workplace violations. The F/V PACIFIC PRODUCER has been implicated in labor violations. Several crew members have come forward, alleging harsh working conditions, long hours, inadequate safety measures, and unfair wages. These reports highlight the exploitation faced by workers onboard the vessel.

Published on: April 4, 2023

National 406 Day and 8 EPIRB Tips

by Nigel Stacey

April 6th is National 406 Day. It is easy to remember, as the date (04/06) corresponds to the 406 MHz frequency used by these devices to transmit digital signals to satellites. These beacons are considered by many in the maritime trades to be the best life insurance available. And in some cases, they are legally required by vessel owners. To read more about safety gear, please see our page regarding life rafts, EPIRBs and survival suits. National 406 Day is also a reminder to anyone with a beacon that federal law requires registration to be current.

What exactly is an EPIRB? It is an Emergency Position Indicating Radio Beacon that works by transmitting a signal via satellite that can then be relayed to a rescue coordination center. The device can be automatically activated (for example if the device is under more than 3 meters of water) or manually activated to transmit a distress signal.

Here is a list of 8 tips NOAA recommends when handling your EPIRB:

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 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.