Maritime Injury Law Blog

Published on: February 15, 2022

Two Fishermen Rescued from Sinking F/V Glory

Two fishermen were rescued by the US Coast Guard on Monday February 7^th near Sitka, Alaska after the 40-foot F/V GLORY began taking on water.

Sector Juneau Command Center watchstanders received a call from the distressed vessel at about 8 p.m. An Air Station Sitka MH-60 Jayhawk helicopter and crew were launched and directed to the vessel at Islet Passage, approximately nine miles south of Sitka.

The US Coast Guard aircrew lowered a rescue swimmer onto the vessel to evaluate the situation. Crewmembers were unable to locate the source of the flooding, so it was advised that the fishermen abandon ship. US Coast Guard aircrew successfully hoisted the two fishermen at about 9 p.m.

Published on: February 1, 2022

Alaska Fisheries Disaster Declaration Approved

by Joseph Stacey

On January 21^st, 2022, U.S. Commerce Secretary Gina Raimondo announced that her office has approved Gov. Mike Dunleavy’s request for an official disaster determination.

National Oceanic and Atmospheric Administration (NOAA) funds will be available to fishermen and crew members, seafood processors, and researchers who have felt the impact of this difficult season. The amount of the relief package will be determined at a later date. It is possible that some fishery related businesses will also be eligible for aid from the U.S. Small Business Administration.

“Helping communities to bounce back from the impacts of fishery disasters is essential, and we are working to ensure there is relief coming for impacted Alaskans,” Raimondo said in a statement. “Disasters like these, which impact multiple fisheries across Alaska, illustrate how vital sustainable fisheries are to our economy at not only the local level, but for the economic health of our nation’s blue economy.”

Published on: January 25, 2022

What is a Maritime Lawyer?

by Nigel Stacey

People often believe that all attorneys know all the laws of the land. Just as you would go to a trained cardiologist for heart issues or a radiologist to diagnose a broken bone, there are many types of lawyers who are versed in many types of law. It is always best to engage with a specialist.

Why Should You Work with a Maritime Lawyer?

Maritime Law is a very specific set of rules and laws that deal with injuries and accidents that occur on or near a body of water, a lake, ocean, or sea. While these laws were originally created to address national and international commerce, they have since expanded to include fishing vessels, recreational and passenger boats, oil rigs, and more. Virtually anyone injured on or near a body of water should consult with an attorney who specializes in Maritime Law.

Published on: December 7, 2021

Thank a Fisher Today

by Joseph Stacey

People all over the world have a longstanding tradition of feasting on seafood during winter holidays. Crab, salmon, lobster, oysters, shrimp, cod, carp, and lutefisk all have a place at the holiday table. It is important to remember that a courageous and hardworking man or woman braved the hazardous waters of the oceans and seas to bring that delicacy to your table. Whether you celebrate Chinese New Year, feast on Scandinavian inspired lutefisk, or enjoy the Feast of the Seven Fishes, the tradition of seafood during the holidays deserves a special thank you.

The celebration of the Chinese New Year always features fresh fish, a symbol of surplus and wealth. Linguists believe this is because the Chinese word for “fish” (yú) has the same pronunciation as the Chinese word for “abundance” or “extra.” Serving a whole fish at the end of a Chinese New Year meal with head and tail intact, carries the added symbolism of a good beginning and ending to the new year.

In Scandinavian homes, lutefisk, cod cakes, and oyster stew were old world foods brought to the Midwest by new immigrants. Lutefisk (cod that has been preserved in lye then rinsed well before cooking) is served during holidays as a way of remembering the poverty of the past. According to Hasia Diner, a professor of immigration history at New York University, consuming lutefisk is a way of honoring previous generations, those who came to this country looking for prosperity, opportunity, and a better life.

Published on: November 15, 2021

F/V Julia Breeze Sinks, 4 Mariners Rescued

by Joseph Stacey

Four mariners were rescued from a raft on November 10, 2021, after they abandoned ship about 13 nautical miles west of Cape Ommaney, near the southern tip of Baranof Island, Alaska.

Watchstanders at U.S. Coast Guard Sector Juneau received a distress call at about 10:40 via VHF radio channel 16. Crewmembers reported that the V/F JULIA BREEZE was taking on water and that they were abandoning ship.

An Air Station Sitka helicopter crew was launched at 10:45 and arrived on the scene at about 11:40. The aircrew located a debris trail from the 53-foot fishing vessel as well as the survival raft. All four of the V/F JULIA BREEZE crew members were able to don survival suits and made it into the survival raft.

Published on: November 10, 2021

6 Ways to Prevent Carbon Monoxide Poisoning Aboard Vessels

by Nigel Stacey

Carbon Monoxide poisoning is often associated with automobiles and homes, but carbon monoxide poisoning can happen in any enclosed or partially enclosed space where fumes and gasses are allowed to accumulate, making fishing boats, tugboats, and other commercial vessels particularly vulnerable if not properly maintained.

Carbon monoxide (CO), is an odorless and colorless gas that can poison, cause long term health issues, and even kill a person who inhales too much of it. According to the CDC, approximately 430 people die from accidental CO poisoning in the U.S. each year, and 50,000 people require emergency medical attention due to accidental CO poisoning.

Symptoms of Carbon Monoxide Poisoning

Published on: November 2, 2021

Seattle Foss Maritime Shipyard Permanently Closed

by Joseph Stacey

The Seattle Foss shipyard located at 660 West Ewing Street in North Queen Anne, has permanently closed, and all operations have ceased. The 115 displaced shipyard employees will continue to receive salary and benefits and an average of overtime wages until the end of 2021, according to the company.

This arrangement is in line with the requirements of the federal WARN Act, which requires most companies with 100 or more employees, provide 60 days’ notice of a closure. An employer who violates WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days.

The shipyard was responsible for new ship construction in addition to vessel repair and maintenance. Lifts, cranes, and other equipment made the shipyard uniquely equipped to work on ships up to 2,000 tons. The Lake Washington Ship Canal location also included three dry docks.

Published on: November 1, 2021

Four Rescued After F/V LAURA Runs Aground

by Nigel Stacey

U.S. Coast Guard Sector Anchorage watchstanders received a distress call from the master of the F/V LAURA on Monday, November 1, 2021, after the vessel reportedly ran aground on the shore at Black Rock, on Kodiak Island. It was also reported that the crew was using life rafts to abandon ship.

An Air Station Kodiak C-130 Hercules aircrew and an MH-60 Jayhawk helicopter crew were launched. Thanks to assistance from the good Samaritan F/V STILLWATER, the aircrews were able to quickly locate the fishermen. A Coast Guard helicopter crew deployed a rescue swimmer to hoist the crew-members from the sinking 90-foot F/V LAURA, and safely transported them to Air Station Kodiak.

It cannot be stressed enough how important it is that all crew members have proper safety equipment and training. For more information, read our post regarding the maintenance and testing of immersion suits.

Published on: October 26, 2021

Injured Fisherman Medevaced from F/V Patricia Lee

by Joseph Stacey

An injured fisherman was medevaced from a fishing boat on 10/19/2021 after sustaining serious injuries to his pelvic region. It is reported that the crewmember became pinned by a crab pot while working on deck. The F/V PATRICIA LEE was located about 225 miles west of Dutch Harbor at the time of the accident.

The master of the 117-foot F/V PATRICIA LEE contacted Watchstanders in the 17^th District command center in Juneau to request a medevac at about 4 p.m. The fishing vessel made its way toward Dutch Harbor as Command center personnel directed the launch of the Air Station Kodiak helicopter crew from Cold Bay. In an effort to provide backup, an additional MH-60 Jayhawk aircraft crew and a Coast Guard C-130 Hercules aircraft crew were launched from Air Station Kodiak.

The MH-60 Jayhawk helicopter crew from Coast Guard Air Station Kodiak hoisted the injured fisherman at approximately 11:50 p.m., then he was flown to Dutch Harbor and placed in the care of awaiting LifeMed personnel.

Published on: October 19, 2021

How to Survive an Overboard Fall

by Nigel Stacey

Between 2000 and 2014, overboard falls were the second leading cause of death among commercial fishermen in the United States. Of the 210 who died from falling overboard, not one of the victims was wearing a PFD (Personal Flotation Device). What was the leading cause of death among commercial fishermen? Vessel disasters.

According to the CDC, there are no laws that require commercial fishermen wear PFDs. However, USCG regulations [46 CFR 28.110] require that all commercial fishing vessels carry at least one USCG approved PFD or immersion suit of proper size and in good working order for each person on board the vessel. (See our post Overdue F/V Stormie B Crewmember Rescued — September 7, 2021)

Research has shown that the likelihood of surviving an overboard fall is five times greater if a lifejacket or PFD is worn. In a recent survey regarding PFD usage, 16% of respondents said they never wear a PFD while working on deck. Most respondents acknowledged that this safety device is effective at preventing overboard fatalities, yet they were still reluctant about donning this crucial piece of protective gear. Just a few of the reasons offered by crew members: