Maritime Injury Law Blog

Published on: June 26, 2018

80 Tons of Salmon Seized from Chinese F/V Run Da

The fishing vessel Run Da was detained by the crew of the Coast Guard Cutter Alex Haley on June 23rd after the vessel was suspected of illegal fishing activity in international waters 860 miles east of Hokkaido, Japan. A total of 80 tons of chum salmon and one ton of squid were found onboard.

The Alex Haley crew and People’s Republic of China Coast Guard officials conducted a joint international boarding of the Run Da after a U.S. Coast Guard Air Station Kodiak C-130 aircraft spotted the fishing vessel, which was suspected of violating the worldwide driftnet moratorium issued by the United Nations General Assembly Resolution.

After initial arrival on the scene, the U.S. Cost Guard and People’s Republic of China Coast Guard officials participated in a pre-boarding question and answer interview via VHF-FM radio. The results of this conversation confirmed fishing activity and the nationality of the vessel. The captain of the F/V Run Da admitted to fishing with driftnets up to 5.6 miles in length.

Published on: June 26, 2018

Washington State Pilotage Act Celebration

by Joseph Stacey

The 150-year anniversary of the Washington Pilotage Act was celebrated last week at the Northwest Maritime Center in Port Townsend, Washington. Elected officials Patty Murray, Maria Cantwell, Kevin Van De Wege and Mayor Deborah Stinson were all in attendance.

Mayor Stinson welcomed all pilots to the Northwest Maritime Center and praised them for their leadership in safeguarding our state’s maritime economy as well as the environmental health of our waterways.

According to historian Alice Alexander, the original pilotage program was created in 1868 by a territorial act. It was later repealed, then replaced with the Puget Sound Pilots organization, which requires all foreign vessels traveling in the Puget Sound and adjacent waters that engaged in foreign trade, have professional piloting services. This requirement was initiated to protect Puget Sound waterways against loss of life, loss or damage to vessels or property, and to protect the environment.

Published on: June 19, 2018

F/V Myrna Lynn Crewmember Medevaced Near Grays Harbor

by Joseph Stacey

An injured fisherman was medevaced to Grays Harbor in Westport on Monday, June 18th after sustaining a severe hand injury while working aboard F/V Myrna Lynn.

Watchstanders at Sector Columbia River received a call at 8:15a.m. that a 50-year-old fisherman had sustained a hand injury and was in immediate need of medical assistance. The fishing vessel was located approximately 13 miles west of Grays Harbor when the call came in.

The Coast Guard responded with a 47-foot Motor Life Boat crew, and the injured worker was transported to Station Grays Harbor in Westport. Due to the nature of the injury, he was then transported to Grays Harbor Community Hospital for specialized emergency medical care. The worker was reported to be suffering from a severe hand injury and shock.

Published on: June 12, 2018

Coast Guard Finds Wreckage of Missing Aircraft Near Sitka

by Joseph Stacey

Coast Guard personnel have located the wreckage of a missing PA-18 Super Cub float plane that was reported overdue.

Two men departed at approximately 7:15 p.m. on Sunday, June 10th for what was to be a 20-minute flight over Katlian Bay and Olga Strait. When they did not return, a search was launched by the Coast Guard. An Air Station Sitka MH-60 Jayhawk helicopter crew was deployed as well as a 154-foot Fast Response Cutter. The Coast Guard located the wreckage shortly after 10:30 p.m. in the Katlian River near the bay.

It is with great sadness that we report neither of the two men survived. The pilot has been identified as 45-year-old Stonie Huffman of Sitka, Alaska. He had been the owner of Frontier Charters and Lodge for 15 years. The passenger was 66-year-old James Ronge of Turlock, California.

Published on: June 5, 2018

F/V Soulmate Crewmembers Rescued by U. S. Coast Guard

by Joseph Stacey

Four mariners required a U. S. Coast Guard rescue when their 48-foot F/V Soulmate became disabled, adrift, and unable to anchor. Watchstanders received the initial distress call from the vessel via VHF radio, but reception was so unreliable that the use of a satellite phone was required.

“This case highlights the importance of having multiple means of communications,” said Petty Officer 1st Class Michael Taylor, a Sector Anchorage watchstander. “The availability of both a VHF radio and a satellite phone on board the vessel allowed for consistent communication with the master providing up to date information and situational reports.”

The crew of the Coast Guard Cutter Naushon responded to the disabled fishing vessel, located about 57 miles west of Kodiak Island and just south of Shelikof Strait. The Coast Guard Naushon crew towed the four crewmembers of the F/V Soulmate to the south side of Kodiak Island. The mariners took refuge at the Lazy Bay cannery in Alitak Bay.

Published on: May 29, 2018

F/V Nushagak Spirit Voyage Terminated for Multiple Safety Violations

by Joseph Stacey

Commercial fishing vessels must comply with safety regulations established by federal and maritime law. When violations are found during a boarding inspection, a vessel may be issued a violation and possibly a fine. When violations are particularly dangerous to the crew or the environment, they fall into a different category known as “especially hazardous conditions”. After finding several safety violations and environmental infringements, the U.S. Coast Guard terminated the voyage of the F/V Nushagak Spirit sighting “especially hazardous conditions”.

The vessel was located approximately three miles east of Umnak Island when the crew of the Coast Guard Cutter Mellon, a 378-foot high endurance cutter based in Seattle, Washington, conducted the onboard inspection. They found one fishing violation, 14 safety violations, as well as the improper discharge of bilge water. The vessel master admitted to pumping bilge water over the side of the vessel, which is in direct violation of the Clean Water Act. The U.S. Coast Guard sent this vessel back to port. Federal law deemed this vessel “unseaworthy”.

“We perform at-sea safety inspections to ensure mariners are operating in compliance with commercial fishing vessel safety and environmental regulations,” said Capt. John Hollingsworth, 17th District incident management branch chief. “These regulations help ensure the safety of life at sea and protect our marine environment.”

Published on: May 15, 2018

Fisherman Killed in Accident Aboard F/V Ocean Hunter

by Joseph Stacey

A 55-year-old fisherman has died after sustaining internal injuries aboard the F/V Ocean Hunter. The 95-foot trawler is owned by Tacoma based Alaska Weathervane Seafoods, LLC. The vessel had been fishing for cod in the Bering Sea at the time of the incident.

According to The Alaska State Troopers’ dispatch, two vessels were tied together in open sea to facilitate a fish transfer. Christopher O’Callaghan was working on the deck when a slack line went taut and struck him in the chest. The bruising and internal injuries from the line resulted in his death. The official report also notes that several crewmembers witnessed the tragic incident. His body was transported to the state medical examiner, and authorities are continuing to investigate.

Our thoughts and prayers go out to Mr. O’Callaghan’s family and friends and all who worked beside him. He will be honored at the Fisherman’s Memorial Ceremony on May 27, 2018.

Published on: May 8, 2018

Seizures at Sea

by Joseph Stacey

The U.S. Coast Guard recently responded to a call from the 36-foot fishing vessel, Lacie Belle, that a crewmember was suffering from seizures. The call came in at 5:25 p.m. and by 5:54 p.m. an MH-65 Dolphin helicopter from Sector North Bend was on the scene, approximately 10 miles north of Cape Blanco.

The Coast Guard sent a rescue swimmer down to assess the crewmember and determined that the man needed immediate medical attention. A basket was sent down to the fishing vessel and the crewmember was hoisted to the waiting helicopter (watch the heroic video). The crewmember was successfully airlifted to medical personnel at the Bay Area Hospital in Coos Bay, Oregon by 6:28 p.m.

Seizures can happen anytime or any place, but when they occur on a fishing vessel, it is even more important for crewmembers to know how to respond. While there are many types of seizures, most people are familiar with the generalized tonic-clonic seizure, also known as a grand mal seizure, in which a person, falls, shakes, jerks, and cries out. If this happens while at sea, a crewmember must take charge and do the following:

Published on: May 8, 2018

FDA Approves New Animal Drug Application for GMO Salmon

by Joseph Stacey

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.”