Maritime Injury Law Blog

Published on: October 15, 2024

Safety Rules Still Lax After F/V Scandies Rose and F/V Destination Losses

Five years have passed since the tragic loss of the F/V SCANDIES ROSE, and seven years since the sinking of the F/V DESTINATION. Both vessels were burdened with crab pots that exceeded the estimated weights in their stability reports, and both vessels capsized during severe weather conditions. The attorneys at Stacey and Jacobsen, PLLC have been closely involved in these tragic cases, representing both the two surviving crew members of the F/V SCANDIES ROSE and the wife and three children of a deceased crew member from the F/V DESTINATION.

Despite a 2010 congressional mandate for stability training, the U.S. Coast Guard has yet to implement the requirement. Currently, there is no formal process in place for reviewing stability calculations for non-processor crab vessels or the vast majority of fishing vessels operating in Alaska.

A stability report for crab boats, like those used in the fishing industry, is a crucial safety document that details how a vessel behaves in various loading conditions, ensuring that it remains stable and safe in the water.

Published on: October 8, 2024

Ropeless Crab Gear Trial

by Joseph Stacey

The recent trial of innovative ropeless crab fishing gear off the California coast has ignited controversy among the Dungeness crab fishing community. The trial, which ran from April 9 to June 30, 2024, allowed a limited number of commercial crabbers to use ropeless gear to harvest during a time typically restricted to protect whales and crabs. While the technology has been hailed by some as a major breakthrough in reducing whale entanglements, others in the community view it as a complication in an already strained industry.

The trial, the largest of its kind to date, focused on testing “pop-up” fishing gear designed to eliminate the need for traditional buoy lines, which are known to cause entanglements for marine mammals such as whales. Instead of using long lines of rope that extend from the ocean floor to a surface buoy, ropeless systems employ underwater cages that release to the surface when remotely activated by the fishermen. This eliminates the vertical ropes, which have been identified as a major hazard for migrating whales that can become trapped.

Whale entanglements in traditional crab fishing gear have become an increasingly urgent concern over the past decade, leading to frequent delays and shutdowns of the crabbing season in California. In recent years, crabbers have faced shortened seasons, which often fall during critical whale migration periods. As a result, the fishing industry has been under pressure to find solutions that balance both marine conservation and the economic sustainability of crab fishing. Proponents of ropeless gear argue that the technology offers a new way to allow crabbing to continue while protecting endangered species like humpback and blue whales.

Published on: October 1, 2024

Bycatch of Nearly 20,000 Chinook Salmon Shuts Down Alaska Pollock Fishery

by Joseph Stacey

Nearly 20,000 Chinook salmon were accidentally caught as bycatch in the Gulf of Alaska’s pollock fishery, forcing an early closure and igniting outrage among scientists studying endangered southern resident orcas and advocates for wild salmon. Chinook salmon, highly prized for their size and nutritional value, are a critical food source for the southern resident orcas that frequent the Salish Sea.

Although genetic testing of the caught Chinook has not yet been completed, it is highly likely that fish from Washington’s rivers were among those captured. Pollock, a white fish commonly used in products like fish sticks and fast-food sandwiches, was the intended target of the fishing operation.

The shutdown came after just two fishing vessels surpassed the allowable bycatch limit during the weekend of September 21-22. According to Julie Fair, a spokesperson for the Alaska region of the National Oceanic and Atmospheric Administration (NOAA), the boats were monitored by either onboard human observers or cameras. Starting next year, the entire fleet will be subjected to this level of monitoring.

Published on: September 24, 2024

Stacey and Jacobsen, PLLC Expands with new Office in Anchorage, AK

by Nigel Stacey

Stacey and Jacobsen, PLLC, one of the nation’s leading maritime personal injury plaintiff firms, is proud to announce the opening of a second office in Anchorage, Alaska. This expansion strengthens the firm’s ability to provide legal services to maritime workers and their families across the Pacific Northwest and Alaska, two of the most vital regions for the fishing and maritime industries. Stacey & Jacobsen has a storied history in Alaska, including trials, mediations, vessel inspections, hearings, and depositions. This new office reinforces the firm’s commitment to aggressively and effectively protect and pursue our clients’ rights and will build upon the firm’s reputation.

The Seattle office located at Fishermen’s Terminal, is just minutes from the Port of Seattle, and positions the firm at the heart of one of the nation’s most active maritime hubs. In Anchorage, the new office in Midtown Anchorage places the firm in close proximity to Alaska’s thriving fishing and maritime communities and the Alaska state and federal courthouses, reinforcing their commitment to serve injured seamen, commercial fishermen, and other maritime workers who often face dangerous working conditions. The new office offers a dynamic environment to assist the firm’s next chapter in Alaska.

Both offices are equipped to manage cases related to maritime law, Jones Act claims, and wrongful death cases. Stacey and Jacobsen, PLLC has long been known for its comprehensive understanding of maritime law and dedication to securing compensation for injured workers.

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: September 10, 2024

Coast Guard Issues Alert after Fishing Boat Explosion in Hawaii

by Joseph Stacey

The U.S. Coast Guard issued a safety alert following a deadly explosion aboard the F/V KIM THU, an uninspected commercial fishing vessel, in Hawaii on April 26, 2024. In a recent update, U.S. Coast Guard officials provided further details about the blast, while the Department of Law Enforcement confirmed that the F/V KIM THU was a foreign long-line fishing vessel. Investigations into the cause of the explosion are ongoing.

The incident occurred while the boat was moored at Pier 36 for maintenance. The explosion, which originated from the marine diesel fuel tank, resulted in the death of one crew member and left five others injured.

Preliminary investigations revealed that the F/V KIM THU failed to comply with the “Hot Works” permit guidelines issued by the State Department of Transportation. These regulations govern maintenance activities on water tank hatches, engine room stairs, and spotlights. According to witnesses, welding was conducted on a fuel tank vent pipe that had not been certified as gas-free or deemed “Safe for Hot Work” by a certified marine chemist, a clear violation of permit requirements.

Published on: September 3, 2024

Six Fishermen Saved by Personal Locator Beacon

by Nigel Stacey

A group of fishermen stranded in the remote Western Pacific were recently rescued, thanks in large part to a personal locator beacon they had with them, according to a U.S. Coast Guard search coordinator.

According to a news release from the U.S. Coast Guard Sector Guam, the six fishermen became stranded about 30 miles north of Satawal Atoll in the Caroline Islands when their engine failed at approximately 9 a.m. on August 17, 2024. The fishermen activated a personal locator beacon (PLB), sending a distress signal that transmitted their location to the Joint Rescue Sub-Center Guam, over 430 miles away.

The distress signal was relayed to the USCGC OLIVER HENRY, which was on patrol approximately 270 miles northeast of the fishermen, as well as the Panamanian-flagged cargo vessel ZHONG YU MARINE, a 97-meter cargo vessel located about 160 miles north of the stranded boat. Despite challenging conditions, including the remote location, thunderstorms, and low visibility, both ships reached the search area by 3 a.m. on August 18, 2024. The distressed fishing vessel was located, then towed to a nearby atoll.

Published on: August 27, 2024

Commercial Fishing and Expanded Functionality for Vessels

by Joseph Stacey

Commercial fishing is currently facing a range of challenges that include overfishing, climate change, illegal fishing that is depleting stocks, regulatory changes, and economic changes that include higher fuel prices, equipment costs, and labor costs. In response, commercial fishermen are increasingly pivoting to adapt. Fishermen are also investing in advanced technology and collaborative efforts to enhance resource management and ensure the long-term viability of their operations amid growing pressures on seafood resources.

One way fishers are successfully pivoting is by outfitting their vessels to expand functionality. John Schumacher founded Distinctive Finishes, a business located in Haines, Alaska, as a response to the growing need for versatile fishing equipment. It became clear to John and others that relying solely on salmon and crab fishing was no longer financially sustainable for many fishermen.

Distinctive Finishes is nearing completion on the overhaul of the F/V DAB CHICK, a 53-year-old 34-foot crabber and gillnetter. Once the project is finished, the F/V DAB CHICK will be equipped for longlining, trolling, gillnetting, and crabbing. This opens many more fishing options for the vessel owner.

Published on: August 25, 2024

Fisherman Sustains Severe Burns on the F/V Mariah K

by Nigel Stacey

On August 20, 2024, a fishing vessel caught fire about 50 miles off the coast of Brookings, Oregon. The MARIAH K was carrying three fishermen at the time of the blaze. Crew member Emanuel Silveira is currently in critical condition after suffering severe burns.

According to Petty Officer Briana Carter of the U.S. Coast Guard 13th District, the fire was reported by the nearby sportfishing vessel, ELI’S TIDE at approximately 8 p.m. The crew of ELI’S TIDE also assisted with rescue efforts.

The three fishermen jumped overboard and were rescued by a 47-foot motor lifeboat from the Chetco River Coast Guard Station. One rescued crewmember required a medevac by the Coast Guard Sector Humboldt Bay aircrew, and all three were transported to UCSF Health Saint Francis Hospital in San Francisco. The cause of the fire remains under investigation.

Published on: August 20, 2024

Coast Guard to Purchase Polar Icebreaker Aiviq

by Joseph Stacey

The U.S. Coast Guard has confirmed plans to purchase a commercial icebreaker and deploy it in Juneau, Alaska, the agency announced on Wednesday, August 14, 2024. This decision follows an earlier preliminary announcement and comes just days after the HEALY, a 27-year-old icebreaker, was forced to abandon its Arctic mission due to an electrical fire.

Currently, the U.S. Coast Guard operates only two icebreakers. The HEALY’S sister ship, the POLAR STAR, is dedicated to maintaining sea lanes in Antarctica, which are crucial for resupplying American research stations. The U.S. Navy, notably, does not have any icebreakers in its fleet, leaving the U.S. Coast Guard as the sole operator of these essential vessels.

Alaska’s congressional delegation has long advocated for increased funding to allow the U.S. Coast Guard to expand its fleet of icebreakers, stressing the importance of these ships for both Arctic and Antarctic operations.