Maritime Injury Law Blog

Published on: May 8, 2018

FDA Approves New Animal Drug Application for GMO Salmon

Last week, the Food and Drug Administration approved a supplemental New Animal Drug Application (NADA) submitted by AquaBounty Technologies, Inc. While the original application was approved in 2015, this current application grants AquaBounty Technologies, Inc. the right to raise a GMO salmon species it has developed called AquAdvantage salmon at their farming facility near Albany, Indiana. The facility uses growth tanks rather than ocean pens and will be able to grow 1,200 tons of GMO salmon per year. The facility was designed so it can be expanded quickly to meet higher levels of demand for the new product.

As soon as the FDA and Department of Agriculture agree on guidelines for consumer labeling of the genetically engineered AquAdvantage salmon, the company will be allowed to import the genetically modified eggs from their facilities in Canada and Panama, where the company currently genetically engineers its eggs. The eggs will then be grown and sold in the U.S. market.

According to an FDA report, AquAdvantage salmon is a genetically-engineered fish that can reach market growth more rapidly than nonmodified farm-raised Atlantic salmon. The fish are able to grow quickly because they contain DNA composed of the growth hormone gene found in Chinook salmon under the control of a gene from another species of fish called an Ocean Pout, which keeps the Chinook growth hormone gene switched on. This creates a fish that can grow to market weight in 18- to 20-months vs. the 28- to 36-month period it takes to grow farm-raised Atlantic salmon. Wild salmon growth rates vary widely depending on the species.

Published on: May 1, 2018

Maritime Safety Culture

by Joseph Stacey

Everyone wants a culture of safety. Vessel owners want it, maritime workers want it, and their friends and families want it. But what is it and what steps must an organization or vessel owner take to establish it? It doesn’t happen overnight, and it doesn’t happen in a vacuum. It must start at the top, and it must feature consistency, trust, and truth. It is about doing the right thing even when no one is looking.

According to the International Maritime Organization (IMO), a United Nations agency established as the global standard-setting authority for the safety, security and environmental performance of international shipping, safety culture is defined as follows:

“An organization with a ‘safety culture’ is one that gives appropriate priority to safety and realizes that safety has to be managed like all other areas of the business.”

Published on: April 17, 2018

Ladder and Step Accidents in the Maritime Trades

by Joseph Stacey

There are times when a maritime worker must access high areas on a vessel or travel from one deck to another. In these instances, it makes sense that ladders and steps would be employed. If working at sea weren’t already hazardous enough, enter the dangers of ladders, steps, and gangways.

Ladders can be such a hazard, that the CDC’s National Institute for Occupational Safety and Health (NIOSH) has developed a Ladder Safety App for workers, employers, and homeowners. The app contains information and tools to prevent extension and step ladder-related fall injuries and deaths. The app is free, and it has been downloaded over 120,000 times. According to the CDC, ladder and step accidents happen for many reasons, but the following are most common:

Incorrect extension ladder setup angle

Published on: March 28, 2018

Alaska Ranger Sinking Crewmember Comes Forward

by Joseph Stacey

It has been 10 years since the tragic 2008 sinking of the 190-foot fishing vessel Alaska Ranger, which claimed the lives of five of the 47 crewmen aboard. During a 3-year investigation, conflicting findings regarding the cause of the accident were reported. The U.S. Coast Guard originally believed the sinking was caused by an aging hull, while the National Transportation Safety Board (NTSB) found the sinking was caused by the loss of a rudder, which would have left an opening where water could enter the vessel.

One of the surviving crewmembers, Rodney Lundy, the assistant engineer, has recently come forward with additional reasons for the sinking of the Alaska Ranger.

Rodney Lundy remembers preparing the vessel for departure, and having an argument with fishmaster Satoshi Konno, about netting that was stacked around two air vents in the engine room. Lundy wanted the area cleared so the vents could be sealed in the event of flooding. But Konno and other crewmembers refused to move or clear the area.

Published on: March 27, 2018

U.S. Coast Guard Suspends Search for Missing Crewman

by Joseph Stacey

The U.S. Coast Guard has suspended the search for a 22-year-old crewman who was reported missing and presumed overboard, after an extensive search.

The Motor Vessel Challenge Prelude was about 110 miles south of Sand Point, Alaska when the call to command center watchstanders came in. At 2:20p.m. on Sunday, March 25th, it was reported that the crewmember had been missing since approximately 1:30p.m.

An emergency signal was announced aboard the oil tanker Challenge Prelude, and a full search of the vessel was conducted. The ship’s master took the vessel back to the location where the crewman had last been seen, and an inventory of all lifesaving and survival equipment was performed. All equipment was accounted for.

Published on: March 23, 2018

U.S. and Canada Fail to Agree on Pacific Halibut Quota

by Joseph Stacey

The 2018 Pacific halibut season is set to begin at noon on Saturday, March 24^nd, but the U.S. and Canada have failed to reach consensus on limits for the first time since 1990. Both countries have endorsed a quota cut.

The IPHC (The International Pacific Halibut Commission) is an intergovernmental organization that was established between Canada and the U. S. in 1923 to monitor and maintain Pacific halibut stocks at sustainable levels. The organization is recommending limits slightly lower than those of 2017. While research indicates a slight decline in stocks, Pacific halibut continue to remain at healthy levels.

When an agreement can’t be reached, quotas from the previous year are used until new limits can be set. The U.S. and Canada did agree that catch limits should be lower than the 2017 numbers. Through a domestic Interim Final Rule established by NOAA Fisheries, the U.S. is implementing catch limits that are in line with those proposed at the IPHC board meetings.

Published on: March 20, 2018

Tracking Global Fishing: Satellite Maps

by Joseph Stacey

As the world’s demand for seafood continues to rise, new methods for tracking global commercial fishing activities are imperative. In a groundbreaking study published in the journal Science, some extraordinary data are showing how fishing vessels are covering the world’s oceans, and which countries are bringing in the biggest catches.

Much of the data in the study was gathered by Global Fishing Watch, a partnership between Oceana, SkyTruth, and Google. The organization uses high-tech satellite images and AIS (Automatic Identification Systems) to monitor, record, and track the movement of fishing vessels around the globe. In the past, this data was collected using logbooks, observers in fishing ports, and electronic vessel tracking. Despite its suggestive nature, this information was often out of date, incomplete, and inaccurate.

The accuracy of the newer methods is connected to the massive amounts of data collected between 2012 and 2016. Over 22 billion AIS messages were logged, identifying more than 70,000 vessels. Computers running sophisticated software programs searched for patterns in the large data sets. They were able to match vessels to fleet registries and track vessel movements. Computer algorithms were also used to determine when a vessel was fishing and what it was fishing for. For instance, the data collected in 2016 reveals that of the vessels tracked, over 40 million hours were spent at sea and the vessels traveled approximately 460 million kilometers.

Published on: March 6, 2018

Atlantic Salmon Farming Banned in Washington State

by Joseph Stacey

The Washington State Senate has voted 31-16 to ban all new Atlantic salmon farming in the state and phase out net pen farming by 2025. The phasing out plan will happen gradually as existing aquatic leases expire. This is an update to a post dated August 29, 2017, when we reported that a net pen breach was discovered after Lummi fishers began catching rouge Atlantic salmon along with indigenous Chinook salmon. It was estimated that over 250,000 Atlantic salmon escaped into the Salish Sea.

Initially, Cooke Aquaculture, the owner of the pens, reported that the net pen breach was due to the solar eclipse and high tides. However, after a four-month investigation by three state agencies, it was found that the escape was due to poor maintenance and negligence. At the time of the breach, Hilary Franz, Commissioner of Public Lands, had already terminated two leases with Cooke at Cypress Island and Port Angeles due to violations of their lease agreement.

“The state ban is a strong stance to ensure the protection of our marine environment and native salmon populations in the Salish Sea,” said Senator Kevin Ranker. “We have invested far too much in the restoration of our Salish Sea. The economic, cultural, and recreational resources of these incredible waters will no longer be jeopardized by the negligent actions of this industry.”

Published on: March 1, 2018

Suffering a Stroke at Sea: Know the Signs

by Joseph Stacey

The U.S. Coast Guard recently received an alarming call; a 44-year-old male appeared to be suffering a stroke while working on the fishing vessel GOLDEN ALASKA, which was located approximately 60 miles northeast of Cold Bay. Time is of the essence when treating a stroke, but what happens when the victim is out at sea? The U.S. Coast Guard forward deployed assets are crucial for this type of incident, as they are saving precious time getting crewmembers to proper medical services.

However, it is up to crewmembers to recognize stroke symptoms, report them, and get help as quickly as possible. March 12th marks the beginning of National Brain Awareness week, and this case reminds us just how important it is to know the signs of a stroke and what to do if you or a crewmate suffer the same fate. According to The American Stroke Association, stroke is the 5th leading cause of death in our nation, and the leading cause of disability. Someone suffers a stroke every 40 seconds (about 800,000 strokes happen per year).

What is a stroke?

Published on: February 20, 2018

Coast Guard Medevacs Unconscious Worker from F/V Island Enterprise

by Joseph Stacey

Once again, the benefits of having Coast Guard assets forward deployed were realized when a crewmember aboard the F/V Island Enterprise was found unconscious in the freezer compartment of the vessel last week.

Watchstanders at the 17th Coast Guard District command center were contacted on February 16th at approximately 5:30 p.m. by Health Force Partners. The agency is contracted by many vessel owners to provide injury and illness treatment as well as occupational assessments. Watchstanders in turn contacted the Coast Guard duty flight surgeon, who recommended the medevac for the unconscious worker.

A Coast Guard MH-60 Jayhawk helicopter crew hoisted the 57-year-old man from the vessel then transported him to Cold Bay, then on to Anchorage for emergency medical treatment. This was the sixth reported Coast Guard medevac rescue for the winter fishing season.