Maritime Injury Law Blog

Published on: July 13, 2020

Grieving the Loss of Local Fishermen

It is with great sadness that we report the deaths of Cole Rutzer and Dylan Furford, two young men who grew up in a tight-knit community near Westport, Washington. They were doing what they loved, working hard, and bringing in Dungeness crab aboard the F/V PACIFIC DYNASTY.

Greg Rutzer, Cole Rutzer’s father, and Brent Gilbertson, a cousin, were also working on the vessel. According to reports, the crew had just dropped their crab pots. Rutzer and Furford loved adventures, and with the little downtime they had, took a Zodiac skiff and Cole’s dog to Tugidak Island, about ½ mile from where the F/V PACIFIC DYNASTY was anchored. They planned on doing some beachcombing on the remote island then return to the vessel in the late afternoon.

Scott McCann, a spokesman for the Coast Guard, said the men had provided a float plan to the captain, Greg Rutzer. They were to return to the vessel before dinner.

Published on: July 12, 2020

F/V McKenzie Rose Fisherman Sustains Head Injury

by Joseph Stacey

A 26-year-old man was medically evacuated from the F/V MCKENZIE ROSE after the crewmember sustained a head injury. The vessel was located about 100 miles west of Coos Bay when the injury occurred.

Watchstanders at Coast Guard Sector North Bend received a marine radio call from the vessel’s captain reporting that a member of the crew needed medical attention.

Communication remained open between the F/V MCKENZIE ROSE and the U.S. Coast Guard Sector as the vessel turned toward shore to meet up with the Coast Guard MH-65 Dolphin crew. The injured fisherman was hoisted aboard the MH-65 Dolphin then transported to the U.S. Coast Guard airbase. He was then transferred to emergency medical personnel.

Published on: July 7, 2020

Lawsuit Brought Against North Pacific Seafoods

by Joseph Stacey

A lawsuit has been filed against North Pacific Seafoods after approximately 150 seasonal cannery workers were forced to quarantine without pay in a Los Angeles hotel. According to the complaint, all workers arrived at a hotel and were instructed to wait together in a crowded hallway to fill out paperwork. The workers reported that they were in close contact with one another for nearly six hours.

Workers were assigned to individual hotel rooms, then tested for the coronavirus. Three of the workers tested positive, and all workers were told they must quarantine until June 25th without pay. The complaint goes on to say that all workers were instructed not to leave their rooms or they would be immediately terminated.

The workers were hired on June 2, 2020, by North Pacific Seafoods to process seafood at the Red Salmon Cannery in Naknek, Alaska. Most of the workers are from Mexico or Southern California, while North Pacific Seafoods is based in Seattle, Washington. Each summer, the company hires hundreds of temporary seafood processors from around the world. Workers are promised round-trip transportation to and from their point of hire as well as lodging and meals.

Published on: June 30, 2020

Two Crewmembers Dead After F/V AQUARIUS Collision

by Joseph Stacey

It is with great sadness that we report the deaths of two people killed early Monday morning after the F/V AQUARIUS collided with a jetty on the Siuslaw River Bar.

Coast Guard watchstanders at Sector North Bend received a distress call at about 1:50 a.m. from the captain of the vessel, stating that the vessel was taking on water and that all crew members were abandoning ship.

The 13th District command center received a signal from the vessel’s Emergency Position Indicating Radio Beacon [EPIRB] shortly after the call. The vessel sank near Florence, Oregon.

Published on: June 23, 2020

COVID-19 Safety Protocols Differ from State to State

by Joseph Stacey

Approximately 110 crewmembers from three American Seafoods ships have been diagnosed with COVID-19. The F/V NORTHERN JAEGER is docked at the Seattle cruise ship terminal while sick crew members recover. Others are in quarantine after exposure, many in Seattle area hotels. As of today, the F/V AMERICAN TRIUMPH, and F/V AMERICAN DYNASTY have reportedly returned to fishing.

American Seafoods CEO, Mikel Durham, reported that all workers were tested for Covid-19 before they boarded vessels and all crew members were quarantined for a minimum of 5 days, a much shorter period than the recommended 14 days. In a press release dated May 30th, 2020, American Seafoods announced that after COVID-19 outbreaks on three of their vessels they had adopted the recommended 14-day quarantine.

Pandemic safety measures intended for the fishing industry differ from state to state. In Washington, guidelines are recommended, but companies may choose to ignore them or create their own. In the Alaska Protection Plan for Independent Commercial Fishing Harvesters dated May 15, 2020, Governor Mike Dunleavy mandated that all people arriving in Alaska, including residents, workers, and visitors, are required to self-quarantine for 14 days after arrival in the state.

Published on: June 16, 2020

Scandies Rose Case Developments

by Joseph Stacey

STACEY & JACOBSEN, PLLC represents the two survivors in the SCANDIES ROSE sinking. The vessel owner (Scandies Rose Fishing Co., LLC) and the vessel manager (Mattsen Management LLC) have filed a Petition for Limitation of Liability in Federal Court Seattle. The vessel owner and manager initiated legal action arguing that they have no responsibility for the deaths of the crew and injuries to the survivors. As we understand the position of the owner and manager, they claim that they had no knowledge of the bad weather that was forecast for New Year’s Eve. The vessel owner and manager are taking this position even though a majority of the Kodiak fleet stayed at the dock that day due to bad weather. SCANDIES ROSE and Mattsen Management, however, claim that SCANDIES ROSE is a larger boat and did not need to heed the weather that was forecast for that day. Obviously, they were mistaken.

This Federal Court proceeding compelled the families and survivors to Answer the Petition and bring their own claims. Four of the five families of the decedents and the two survivors filed their legal pleadings, as required, before May 28, 2020. The captain was one of the owners of the vessel and his family did not file a claim. The parties will meet soon to work out a discovery plan and propose court dates. It is estimated that a trial date will be set sometime in mid-2021. Recently, the survivors filed Sworn Affidavits in a probate court in order to help the families obtain death certificates. The Affidavits contain chilling details of events that occurred in the final moments.

The survivors report that they were awakened when SCANDIES ROSE took a serious list to starboard. The entire crew ran up to the wheelhouse. Captain Cobban confirmed that the vessel had a serious list and that the vessel was sinking. He ordered everyone to get their survival suits on as the vessel continued the roll to starboard. At some point, before the survivors got out, the vessel was nearly on her starboard side. The crew struggled to put on their survival suits because the vessel was listing at such a sharp angle. Water began flowing into the starboard side (which basically had become the floor). The survivors report that they were able to climb up and out of the wheelhouse through the port side door. They were able to stand on the port side hull and called back for the other crew to get out. At that time, all the lights went out, and almost immediately, a wave knocked the survivors off the hull and into the sea. The two survivors were able to locate a life raft and climb aboard. They floated approximately five hours before being rescued by the U.S. Coast Guard. They never saw their fellow crewmembers again after they got washed off the hull.

Published on: June 15, 2020

Limitation of Liability in Maritime Law

by Joseph Stacey

When fishermen or crewmembers are injured or perish in accidents at sea—due to negligence or carelessness by the vessel’s owner, another crewmember, captain, or skipper—Jones Act Law requires that the injured party be compensated.

But what happens when vessel owners work to find ways around paying out what wrongfully-injured workers deserve? One strategy owners have tried is an archaic law called the Limitation of Liability Act. This obscure legislation is sometimes called on to limit a vessel owner’s liability after a particularly devastating accident in which property or life has been lost.

The act was passed by the U.S. Congress in 1851 (the same year that Moby Dick was published) to protect maritime trades and ship owners from complete financial ruin. However, many legal experts believe that this act is showing its age, and that it comes from a different era with different understandings of risk. The purpose of the act was originally to promote the development of the American merchant marine, which is now fully established.

Published on: June 1, 2020

86 Crew Members Test Positive for COVID-19 on American Seafoods Trawler

by Joseph Stacey

In a press release issued last night, American Seafoods has reported that 86 crewmembers have tested positive for COVID-19, and nine more crewmembers are still awaiting results.

It was reported that one crew member became ill and was taken to a hospital while the ship was docked in Bellingham. That crewmember tested positive for COVID-19 and remains in a hospital for treatment after being admitted Friday.

According to a spokesperson for American Seafoods, all crew members were tested for COVID-19 by the University of Washington before boarding the vessel. Only those who tested negative for the virus were allowed to board.

Published on: May 6, 2020

COVID-19 Outbreak in Astoria Seafood Processor

by Joseph Stacey

Bornstein Seafood in Astoria, Oregon has closed until further notice due to an outbreak of COVID-19. Clatsop County Public Health began an investigation on May 4, 2020, after an employee at Bornstein Seafood tested positive for the deadly virus. More than one-third of 35 employees tested on Monday were positive for the disease. By May 5, 13 employees were ill with COVID-19, and more test results are pending. Contact tracing has begun, and workers at both Astoria plants have been asked to shelter at home until further notice.

Clatsop County Public Health reported that the 11 cases reported on Monday included four women—one aged 30-39, and three aged 40 to 49. Also testing positive were seven men—two aged 30 to 39, four aged 50 to 59, and one aged 60 to 69.

Before the outbreak occurred, a complaint was filed with OSHA by the Lower Columbia Hispanic Council against Bornstein Seafood. The complaint, filed on April 18, cited a lack of social distancing and a lack of personal protective equipment, and that some workers felt unprotected at work. With protective gear and temporal scanners in short supply, many companies are finding it challenging to procure equipment that meets county guidelines. OSHA has confirmed that the complaint is still open for investigation.

Published on: April 21, 2020

Alaska Fishing Season Begins Amidst COVID-19 Pandemic

by Joseph Stacey

Salmon fishing season is about to begin, but nothing is business as usual this year. In just a few weeks, about 400 fishermen and processing workers will arrive in Cordova, Alaska for the opening of King Salmon and Copper River Sockeye season. The town of Cordova has a full-time population of 2,100. With no road access, Cordova has no confirmed cases of COVID-19 at the time of this post, and while most members of the community support workers arriving for the harvest (showers and bathrooms at the community center have been repurposed to serve the influx of workers), they also want to see that quarantine recommendations and other safe practices are maintained.

No one wants a repeat of the cruise industry crisis or infamous meat-packing industry outbreaks that have recently been in the news. The spread of COVID-19 in the South Dakota Smithfield Foods pork plant has been linked to over 640 cases of the virus, and 51 cases at the Tyson Foods meat-packing plant in Pasco, Washington. These are essential businesses that failed, for a variety of reasons, to keep their workers safe.

Trident Seafoods has reported that four processing plant employees have tested positive for COVID-19 as well as two office workers. Five have recovered and one is still at home convalescing as of April 20. The company is checking employees for fever daily and furthering their sanitation efforts. In response, Trident Seafood is requiring workers to quarantine for 14 days before boarding fishing and processing vessels. Many have checked into hotels and are being monitored by healthcare workers before going to sea. Although it may seem extreme, the precautions are an indication of how seriously the fishing industry is taking this public health crisis. The companies involved are acutely aware that an outbreak aboard a vessel at sea would be disastrous.