Maritime Injury Law Blog

Published on: January 10, 2023

Secretary of Commerce Gina Raimondo Approves Disaster Declarations for Alaska and Washington

U.S. Secretary of Commerce Gina Raimondo announced on December 16^th, 2022, the approval of multiple Alaska and Washington fishery disaster requests. This approval is based on data submitted by states and/or local tribes.

“America’s fisheries are a critical part of our national economy and directly impact our local communities when disasters occur,” said Secretary of Commerce Gina Raimondo. “These determinations are a way to assist those fishing communities with financial relief to mitigate impacts, restore fisheries and help prevent future disasters.”

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Interjurisdictional Fisheries Act (IFA) (learn more here), the following fisheries meet the criteria for a fishery disaster determination:

Published on: November 30, 2022

U.S. Coast Guard Clamps Down on ‘Paper Captain’ Operators

by Nigel Stacey

The U.S. Coast Guard Sector Columbia River is clamping down on “paper captains” in the waters of Washington and Oregon thanks to Lt. Cmdr. Colin Fogarty, enforcement chief for the sector in Warrenton, Oregon. As an educated and licensed attorney, Fogarty, and his colleagues are highly skilled at proving Jones Act violations and enforcing the law.

Under the Jones Act section 12131 of title 46 of the United States Code, U.S. flagged vessels are required to be under the command of a U.S. citizen. In an effort to save money, some vessel owners hire foreign nationals to command U.S. flagged commercial fishing vessels, offering lower pay. A U.S. citizen, often a subordinate or a deckhand, is listed on paper as the captain. These “paper captains” are not qualified or properly trained to command a vessel. Not only are they breaking the law, but they are putting crewmembers at risk. Lack of proper training and human error cause a majority of maritime accidents.

“The employment of a foreign national as captain aboard a U.S.-flagged commercial fishing vessel is illegal,” said Lt. Cmdr. Colin Fogarty, the enforcement chief at Coast Guard Sector Columbia River in Warrenton, Oregon. “The practice of utilizing paper captains subverts U.S. laws and regulations designed to protect hard-working American fishermen and mariners.”

Published on: November 22, 2022

Washington State Bans Commercial Net-Pen Fish Farming

by Joseph Stacey

State Commissioner of Public Lands Hilary Franz announced on Friday, November 18^th that commercial net-pen farming of finned fish will end in the waters of Washington state. Of note, net-pen fish farming has been banned in Alaska, Oregon, and California. Canada is calling for companies to phase out the practice before 2025.

The executive order came after the termination of the Cooke Aquaculture’s leases near Hope Island and Rich Passage. In 2016, Cooke Aquaculture bought up all net-pen operations in Washington state.

“This is a critical step to support our waters, our fishermen and women, our tribes and the native salmon that we are so ferociously fighting to save and have so little time to do so,” Franz said.

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 16, 2022

Alaska’s Bering Sea Snow Crab & King Crab Seasons Canceled

by Nigel Stacey

Officials in Alaska have cancelled the autumn Bristol Bay red king crab harvest as well as the winter snow crab harvest. After a summer population survey showed dismal stocks, the difficult decision to cancel was announced by the Alaska Department of Fish and Game. Biologists and senior agency officials alike agreed that this is the best decision amid deep conservation concerns.

“Management of Bering Sea snow crab must now focus on conservation and rebuilding given the condition of the stock,” the Alaska Department of Fish and Game said in a statement. “Efforts to advance our science and understanding of crab population dynamics are underway. With crab industry input, ADF&G will continue to evaluate options for rebuilding, including potential for sustainably fishing during periods of low abundance.”

Snow crabs are a cold-water species, usually found in areas where water temperatures are below 2 degrees Celsius. The snow crab population collapse is still being investigated; however, scientists believe the 2019 warming of the Bering Sea has caused a change in the crabs’ metabolism, which is leading to starvation. Warmer waters may also be advantageous to certain predators, further decreasing crab stocks. Last year’s harvest was the smallest in 40 years, with a 5.6 million pound harvest.

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.

Published on: September 27, 2022

Congratulations to Nigel Stacey 2022 Rising Star!

by Joseph Stacey

Stacey & Jacobsen, PLLC is pleased to congratulate Nigel Stacey on his selection to the 2022 Washington Rising Stars® list. Each year, no more than 2.5-percent of the lawyers across Washington State are selected as Rising Stars® by a research team at Super Lawyers. The Rising Stars® list recognizes attorneys who have demonstrated remarkable talent, service, and results—all hallmarks of Nigel Stacy’s work.

The Rising Stars® selection process is based on the following 12 indicators of peer recognition and professional achievement:

Verdicts/Settlements

Published on: September 20, 2022

Crew Rescued after F/V Preamble Catches Fire

by Joseph Stacey

On Wednesday, September 14^th, the U.S. Coast Guard rescued 2 crewmembers (and one cat) after the 49-foot F/V PREAMBLE caught fire. The vessel was located approximately 57 miles west of Gold Beach, Oregon at the time of the incident. A Coast Guard Air Station North Bend MH-65 Dolphin rescue helicopter crew hoisted the crewmembers and the cat from their life raft.

As a backup, a Sector Humboldt Bay MH-65E aircrew was also launched and sent to the location, which arrived just after the North Bend aircrew rescued the survivors. Thanks to the fast action by the U.S. Coast Guard and a sound life raft, all were rescued.

As colder weather approaches, all fishers and crewmembers are urged to make certain that EPIRBs, survival suits, life rafts, and other safety gear are in proper working order. Every crewmember must be properly trained, and safety procedures should be rehearsed. While work at sea is inherently dangerous, risk can be mitigated when proper safety procedures are followed.

Published on: September 13, 2022

Coast Guard Rescues F/V Lodestar Crew

by Nigel Stacey

The 66-foot F/V LODESTAR was located about 180 miles off the coast of Coos Bay, Oregon when the vessel lost propulsion and required assistance. Winds were reported as approximately 40-knots with 8-to-10 foot waves while crewmembers were stranded in the stormy seas aboard the disabled vessel.

Watchstanders at the 13^th U.S. Coast Guard District command center in Seattle received the call for help at 9:21 p.m. on Friday, September 9^th.The U.S. Coast Guard Cutter STRATTON and crew were diverted, and the cutter arrived on the scene of the disabled fishing vessel at 1 p.m. on Saturday September 10^th.

The F/V LODESTAR was placed in tow, then rendezvoused with a 47-foot Motor Lifeboat crew from Coast Guard Station Coos Bay about 45 miles off the Oregon coast. The tow was transferred to the Motor Lifeboat, and the fishing vessel and rescued fishermen were safely transported to Charleston, Oregon.

Published on: August 23, 2022

Response Continues After F/V Aleutian Isle Sinking

by Joseph Stacey

The coordinated response effort continues after the sinking of the F/V ALEUTIAN ISLE just west of San Juan Island, Washington, on Saturday, August 13^th. Groups participating in the response include the U.S. Coast Guard, the San Juan Office of Emergency Management, the Swinomish Tribe, and the Washington State Department of Ecology.

Overhead drone and helicopter footage has confirmed that the diesel fuel sheen appears to have dissipated. Beaches along the spill area have also been patrolled, and as of today no fuel spots or sheens have been located along the shore.

“I am proud of the interagency partnership and collaboration at all levels to respond to this pollution threat and minimize environmental impacts,” said Cmdr. Jon Ladyga, Federal on Scene Coordinator. “While optimistic about the on-water and shoreline assessments, we recognize that critical work remains”