Maritime Injury Law Blog

Published on: July 11, 2017

Coast Guard Grants Child’s Wish To Serve

An 8-year-old boy from Woodland, Washington became an honorary rescue swimmer today when the Coast Guard Air Station Kodiak and Make-A-Wish foundation granted Andrew Bishop’s wish to be a rescue swimmer in Alaska.

After completing training in a modified rescue pool and basic air crewman training, Andrew donned a flight suit and reported for duty. During his flight aboard an MH-60 Jayhawk helicopter, he assisted in responding to a simulated search and rescue training drill, assisting in hoisting and performing CPR on an injured hiker then transporting him to the local air station.

Upon completion of the mission, Andrew was presented with an Air Medal for his work during the rescue. Coast Guard personnel and family members were at the presentation to congratulate Andrew on a job well done.

Published on: June 20, 2017

Coast Guard Sector Anchorage Medevacs Injured Crew Member

by Joseph Stacey

A Coast Guard Air Station Kodiak MH-60 Jayhawk helicopter crew medevaced a 58-year-old male after he suffered an ankle injury while aboard the F/V NEW DAWN. The 50-foot commercial vessel was near Shelikof Strait when the incident occurred on Sunday, June 18th.

“Due to the crewman’s possible need for an orthopedic surgeon, we determined the best course of action was to get him off the New Dawn and place him aboard the Jayhawk helicopter for transfer to advanced medical care” said Mr. Cory Cichoracki, watchstander at Sector Anchorage command center. “Despite the weather, the aircrew alongside the crew of the New Dawn, was able to complete a successful hoist.”

Watchstanders requested the Jayhawk launch after the duty flight surgeon recommended medevac of the injured crewmember. You can watch the heroic video here.

Published on: June 13, 2017

Seattle Jury Awards Deadliest Catch Crabber $1.35 Million

by Joseph Stacey

A crabber working in the Alaska Bering Sea aboard the TIME BANDIT (the vessel made famous by the popular Discovery Channel reality series “Deadliest Catch”), was awarded $1.35 million by a Seattle jury for injuries sustained in a fireworks related explosion aboard the vessel.

According to court documents, David Zielinski suffered a shattered right hand and forearm when the explosive he was attempting to launch detonated prematurely. According to his attorney, Zielinski had been instructed by his employer to launch the custom-made explosive. Following the incident, Zielinski had to be airlifted from the ship to a medical clinic in Alaska, then flown to Seattle for surgery on his hand and arm. Since the accident, he has undergone several reconstructive surgeries, however the injury has put an end to his career as a commercial crabber.

Johnathan Hillstrand, one of the owners of the TIME BANDIT, admitted that he had suggested Zielinski claim the injuries were sustained while crabbing rather than from an explosive device. In a declaration, Johnathan Hillstrand stated that his brother Andy Hillstrand talked him out of the tactic.

Published on: June 6, 2017

Named for Heroes: New and Improved Coast Guard Cutters Coming to Astoria and Ketchikan

by Joseph Stacey

Astoria is set to receive two new lifesaving Sentinel-class cutters. One has already been deployed in Ketchikan, the USCGC John McCormick. These are part of a Coast Guard plan to commission 58 new Sentinel-class Fast Response Cutters, replacing aging Island-class cutters.

The new cutters are 154 ft. long (compared to the 110 ft. Island-class) and feature technology updates, such as weapons systems upgrades, small boat stern launch capabilities (to achieve safer and more efficient operations), and a five knot speed increase over the Island-class vessel. Command, control, communications, and intelligence systems have been updated with state of the art technology. The Sentinel-class cutter can reach speeds in excess of 28 knots, and the new small boats can reach speeds of 40 knots.

The new Sentinel-class vessels are to be named after enlisted Coast Guard servicemen and women who distinguished themselves in the line of duty. The first deployed cutter of its class, the USCGC Bernard C. Webber, is named for the Coxswain of the 36-foot wooden Coast Guard Motor Lifeboat CG 36500, which pulled one of the most daring rescues in Coast Guard history. Webber and his crew faced 60-foot seas to rescue 32 crewmen from the SS Pendleton in February, 1952.

Published on: May 9, 2017

Benefit Auction for the Minor Children of the Destination Crew Nets $125,000

by Joseph Stacey

What began as a small fundraiser for the minor children of the F/V Destination crew quickly gained momentum and turned into a sold-out gala as community members saw a tangible way to help the families of the fishermen lost at sea. Tickets for “A Night Among the Stars” went on sale April 7th, and by April 21st, 300 tickets at $50 each had been sold. Organizers were thrilled, and worked tirelessly to produce an event that honored the fallen fishermen, their families, and the entire fishing community. The event, held on May 6th at the Ballard Elks Club, netted just over $125,000. Proceeds will benefit the minor children of the Destination crew.

Donations came from all over the Pacific Northwest, as did guests in attendance. “We just want to do something; we want to help those families, and this is a great way to honor those brave men and offer support.” said one local business owner. Auction items included flying lessons, Seahawks tickets, rounds of golf at local private clubs, overnight adventures, and of course, seafood.

If you were unable to attend the gala but would like to contribute, there are several ways you can help. Destination commemorative baseball hats and t-shirts are available to purchase at eJoinMe.org, and donations can be made at any Peoples Bank location in Western Washington. Peoples Bank is administering the fund, and will not collect any fees; 100 percent of all donations will be directed to the F/V Destination Charitable Fund. Contributions can also be made by check payable to the “F/V Destination Charitable Fund” and mailed to: F/V Destination Charitable Fund, 999 3rd Ave. #2600, Seattle, WA 98104.

Published on: April 25, 2017

Fisheries Observer Program Goes High-Tech

by Joseph Stacey

Commercial fishermen are familiar with the Fisheries Observer Program. Launched in 1972 by NOAA, there are between 450 and 1000 observers working on commercial fishing vessels alongside fishermen collecting data at any given time. They are trained scientists (often marine biologists) who collect information that is used to estimate stock levels, protect endangered species, and manage fisheries. Data obtained includes:

• estimates of catch and discards

• biological sampling of the catch

Published on: April 24, 2017

Powhatan Tug Sinks Near Sitka

by Joseph Stacey

The U.S. Coast Guard responded to the sinking of an out-of-service tugboat on Wednesday April 19th at approximately 10:15 p.m. The 81-foot tug, POWHATAN, had been docked at the Samson Tug and Barge pier.

The vessel initially sunk to a depth of about 15 meters but then shifted. The downward sloping shelf carried the sunken vessel about 330 meters out in Starrigavan Bay to its current depth of approximately 60 meters (approximately 7 miles north of Sitka). The tug had been out of service for more than 10 years.

According to a situation report issued by the Alaska Department of Environmental Conservation, the Powhatan was carrying 325 gallons of lube oil, 12 gallons of diesel, and possible sludge in the bottom of the main tanks.

Published on: April 21, 2017

Diver Dies In Puget Sound Near Fox Island

by Joseph Stacey

It is with great sadness that we report the death of a 36-year-old diver. The Pierce County Sheriff’s office dive team responded to a 911 call at approximately 2 p.m. on Tuesday April 18, 2017. They were informed that the diver was unresponsive just south of the Navy Surface Warfare Center on Fox Island.

Responders attempted CPR on the diver as they took him to the Navy dock where Gig Harbor Fire & Medic One met them. Efforts to revive the man continued as he was transported to Saint Joseph Medical Center in Tacoma, where he was pronounced deceased.

According to a Pierce County spokesman, the man was a geoduck diver working on a commercial vessel for the Squaxin Island Tribe. Because the incident happened on a commercial vessel, The U.S. Coast Guard will lead the investigation.

Published on: April 11, 2017

Alaska company fined $10 million for Jones Act violation

by Joseph Stacey

Furie Operating Alaska, LLC (“Furie”) has agreed to pay a $10 million civil penalty handed down by the U.S. Customs and Border Protection agency for violation of the Jones Act. The settlement is the largest Jones Act penalty in the history of the Act. The company focuses on the exploration and production of natural gas and oil in the Cook Inlet region of Alaska.

Attorney Bryan Schroder, Acting United States Attorney for the District of Alaska, announced that the company was assessed the penalty after it was found to have transported the Spartan 151 jack-up drill rig to Alaska from the Gulf of Mexico using a vessel sailing under a foreign flag.

Under the Merchant Marine Act of 1920, also known as the Jones Act, cargo moved from one U.S port to another U.S port must be transported by a vessel that is U.S. built, U.S. owned and U.S. crewed. Violation of this law may result in the assessment of a civil penalty equal to the value of the merchandise transported. In special circumstances, a waiver may be requested from the Secretary of the Department of Homeland Security. A waiver may be granted if there is no U.S. vessel available or it is believed to be in the best interest of national defense.

Published on: April 4, 2017

Coast Guard 13th District Honors Officers

by Joseph Stacey

We are pleased to report that the Coast Guard has named Tara Dodd 2016 active-duty enlisted person of the year and Nicole Cimino 2016 reserve enlisted person of the year for the 13th Coast Guard District.

Tara Dodd, Petty Officer 1st Class, is an active-duty culinary specialist assigned to the Coast Guard Cutter SWORDFISH. She has been described as a motivated self-starter who epitomizes sound leadership with her unique ability to instill confidence in others, and for her attention to detail, empathy, and mentorship. She is a respected leader, and through her own initiative has qualified for three additional special unit certifications. Dodd spends her off-duty time assisting a World War II veteran in the maintenance of his home and volunteers at the local Red Cross Home Fire Campaign, inspecting and replacing smoke detectors in local retirement facilities.

Nicole Cimino is the Lead Reserve Petty Officer of the armory at PSU 313 in Everett. Cimino supervises maintenance, training and range operations as well as maintaining the weapons qualifications for the 159 members assigned to the unit. Cimino has also served as a Level I trauma center nurse, where she has saved more than 1,000 seriously injured and critically wounded people. In addition to these accomplishments, she has led an armory team that exceeded Navy standards and received honors.