Maritime Injury Law Blog

Published on: January 7, 2025

Defending Alaska’s Trawl Fleet

Alaska’s trawl fisheries report they are facing critiques from groups that some industry leaders call “radical organizations funded by out-of-state interests.” Often focused on environmental concerns and fishing methods, these groups have sparked a heated debate about the future of Alaska’s most productive fisheries.

Trawling, a method used by most fishery landings in Alaska and across the United States, plays a critical role in Alaska’s coastal communities and the seafood industry. Yet, some activist groups are seeking to ban trawling, threatening not only the livelihoods of thousands but also the availability of wild, healthful, sustainable seafood enjoyed across the country.

A recent article published in the Alaska Beacon offers a defense of the trawl industry. The editorial was written by four seasoned Alaskan fishermen with decades of experience. Sam Wright, a 30-year veteran of Bering Sea and Gulf of Alaska fisheries; Dan Carney, a farmer, homesteader, and 43-year Bering Sea survivor; Jason Chandler, a lifelong Kodiak resident; and Kiley Thomson, a 32-year resident of Sand Point, united to address misconceptions and misinformation surrounding Alaska’s fisheries.

Published on: December 17, 2024

Peter Pan Seafood Pays $750,000 EPA Fine Settlement

by Nigel Stacey

The U.S. Environmental Protection Agency (EPA) has announced that PSF, Inc., formerly known as Peter Pan Seafood, has paid a $750,000 penalty for violating state and federal Clean Water Act permit requirements. These violations relate to seafood processing waste discharge limits designed to protect the marine environment.

The violations occurred at two seafood processing facilities located in Valdez and King Cove, Alaska. At the Valdez facility, PSF and Peter Pan Seafood discharged seafood waste beyond the permitted one-acre “zone of deposit”—an area where seafood processors are allowed to accumulate waste under specific conditions. Instead, a significantly larger seafood waste pile formed on the seafloor, impacting the local marine ecosystem. The Valdez facility is now owned and operated by Silver Bay Seafoods.

At the King Cove facility, PSF and Peter Pan Seafood discharged waste from a broken outfall system and at an incorrect depth, among other permit violations. These issues highlight the importance of maintaining infrastructure and adhering to established environmental regulations.

Published on: December 17, 2024

Man Charged with Illegally Harvesting 27 Dungeness Crabs in Washington

by Joseph Stacey

The Washington Department of Fish and Wildlife (WDFW) has apprehended an individual for illegally harvesting Dungeness crabs in the North Sound area of Washington State. A WDFW officer observed the person crabbing from a local pier and conducted an inspection, uncovering 27 Dungeness crabs in the individual’s possession. Of these, 22 were female, which is prohibited to protect the species’ reproductive capacity. Four were undersized, failing to meet the state’s legal size requirements. None of the crabs were recorded on a catch record card, a mandatory requirement for recreational crabbers in Puget Sound to monitor and manage crab populations effectively. After documenting the illegal catch, officials returned the crabs to the water.

This incident highlights the importance of adhering to state regulations designed to preserve Dungeness crab populations. The ban against harvesting female and undersized crabs is a conservation measure aimed at ensuring the species’ sustainability. By allowing female crabs to remain in the ecosystem, the reproductive cycle continues without interruption, supporting future generations. Similarly, protecting undersized crabs enables them to reach maturity and contribute to the population before becoming eligible for harvest.

The requirement for recreational crabbers to use a Dungeness crab catch record card is another vital requirement of the state’s management strategy. These records provide WDFW with essential data to assess crab populations and make informed decisions regarding season openings, closures, and catch limits. Non-compliance with this requirement impedes the department’s ability to manage the fishery effectively, potentially leading to overharvesting and long-term ecological consequences.

Published on: December 10, 2024

Coast Guard Releases Names of Lost F/V Wind Walker Crew

by Nigel Stacey

The U.S. Coast Guard District 17 headquarters announced that the next of kin of the five individuals missing after the sinking of the F/V WIND WALKER have been notified. The agency also released the names of the missing crew members. GoFundMe accounts have been established for all five grieving families:

Published on: December 3, 2024

Alaska Salmon Fishery 2024 Reports Sharp Declines in Catch and Value

by Joseph Stacey

Alaska’s commercial salmon fishery experienced significant setbacks in 2024, with double-digit declines in both catch numbers and market value. According to preliminary figures released by the Alaska Department of Fish and Game (ADF&G), just over 101 million salmon were harvested across the state. This represents a 56% decrease compared to the more than 232 million salmon caught in 2023, marking one of the most dramatic year-over-year declines in recent history.

The decline in harvest volumes has been accompanied by a sharp drop in the fishery’s overall value. Fishermen collectively earned $304 million in 2024, down nearly 24% from the $398 million recorded in 2023. These figures underscore the economic challenges faced by Alaska’s fishing communities, many of which are heavily reliant on the health of the state’s salmon industry.

“Market conditions significantly impacted the pricing of salmon statewide and, consequently, the value of the harvest,” ADF&G noted in its summary.

Published on: December 2, 2024

F/V Wind Walker Tragedy in Alaska’s Icy Waters

by Joseph Stacey

The icy waters off Alaska proved unforgiving early Monday morning as a tragic chapter unfolded. The F/V WIND WALKER, a 50-foot commercial vessel, capsized near Point Couverden, southwest of Juneau, leaving five crew members unaccounted for and a community dealing with grief and unanswered questions.

The U.S. Coast Guard first received a distress call at 12:10 a.m. on Sunday, December 1^st, 2024. The urgent Mayday message conveyed a grim situation, as the vessel was overturning amid heavy snow, 60 mph winds, and six-foot seas. Attempts to gather more details were met with silence. Shortly after the call, an emergency beacon confirmed the distress signal from the waters of the Icy Strait.

The U.S. Coast Guard launched a large-scale search and rescue operation involving an MH-60 Jayhawk helicopter, a 45-foot response boat, and additional resources. Crews braved harsh conditions and searched over 108 square nautical miles. Despite their efforts, no sign of the crew was found. The search was suspended Monday morning, pending new information.

Published on: November 26, 2024

King Cove’s Fishing Legacy and Future

by Nigel Stacey

The Pacific Marine Expo has been held in Seattle for more than 50 years, and the 2024 Expo (which ran from November 20^th to the 22^nd at Lumen Field Event Center) did not disappoint. One of the featured sessions focused on King Cove, Alaska, and the history surrounding this beautiful place.

The story of King Cove, one of southwest Alaska’s oldest and most vital fishing hubs, is as compelling as the waters the fleet has sailed for over a century. Through vivid photographs, detailed charts, and insightful graphs, the presentation celebrated this community while addressing the challenges threatening its future.

But this isn’t just about honoring the past—it’s about tackling a harsh new reality. King Cove finds itself at a crossroads, facing a series of economic and industry shifts that have left the town anxious. The presentation explored key factors disrupting the community, including:

Published on: November 26, 2024

Oregon’s Dungeness Crab Season Delayed Until Mid-December

by Joseph Stacey

Crab season will begin later this year, as the Oregon Department of Fish and Wildlife (ODFW) announced a coastwide delay for the state’s commercial Dungeness crab season. Originally set to open on December 1, 2024, the season has been postponed until at least December 16, 2024.

The decision comes after pre-season testing revealed two issues: low meat yields in some ocean areas and elevated domoic acid levels in the crabs’ digestive systems in parts of the south coast. These findings prompted the delay to ensure consumers receive a high-quality product and to avoid wasting this treasured resource.

In addition, the commercial bay crab fishery—which is currently open from Cape Blanco to the Washington border—will close at 12:01 a.m. on December 1, 2024. Although this fishery typically runs through the end of December, it will only reopen if the ocean commercial season begins before the end of the year.

Published on: November 19, 2024

NOAA Unveils Plan to Strengthen Seafood Import Monitoring

by Nigel Stacey

Illegal, unreported, and unregulated (IUU) fishing harms both consumers and fishermen by undermining the seafood industry’s integrity. For fishermen, IUU fishing causes economic losses by flooding markets with illegal seafood, depletes fish stocks through overfishing, and creates unfair competition as illicit operators bypass regulations and compliance costs. Tackling IUU fishing is vital to ensure safe, sustainable seafood and protect fishermen’s livelihoods. For consumers, IUU fishing increases the risk of unsafe or mislabeled products, exposing them to potential health risks.

NOAA has just unveiled an action plan to enhance the Seafood Import Monitoring Program (SIMP), working to strengthen the integrity of U.S. seafood imports and fight IUU fishing. This plan follows a comprehensive review initiated in November 2023, during which NOAA worked with over 7,000 stakeholders, including industry professionals, foreign governments, researchers, and non-governmental organizations. The feedback gathered has been instrumental in developing a plan designed to strengthen SIMP’s impact and effectiveness. The plan outlines four primary goals.

Enhance NOAA Fisheries’ Ability to Combat IUU Fishing

Published on: November 12, 2024

US Court Dismisses Alaska Fishing Group’s Halibut Bycatch Lawsuit

by Joseph Stacey

A recent legal battle between the Groundfish Forum, representing the interests of Alaska’s flatfish fishing sector, and the U.S. government over new halibut bycatch regulations ended in favor of the National Marine Fisheries Service (NMFS). In a ruling delivered by U.S. District Judge Sharon Gleason, the court upheld Amendment 123, a decision that reinforces the government’s approach to managing halibut bycatch in the Bering Sea and Aleutian Islands (BSAI) fisheries. This case is an example of the tension between regulatory bodies, conservationists, and the fishing industry regarding sustainable practices in one of the world’s most economically valuable fishing zones.

The Alaska flatfish fishing industry, especially its bottom trawling sector, plays a substantial role in the BSAI region. However, the industry has long faced scrutiny over halibut bycatch. Limits have traditionally been a source of contention due to their direct effect on fishery profits and the need to protect halibut stocks, a critical species for commercial, recreational, and subsistence fishers.

“CBSFA has worked for nearly a decade to have the management of halibut bycatch changed to be more responsive to changes in the health of the halibut resource – to be abundance-based – and now we finally have closure,” said CBSFA President Ray Melovidov in response to the ruling.