Maritime Injury Law Blog

Published on: September 19, 2017

Jones Act Waiver Extended

The Jones Act Waiver that we reported on last week, has been extended through September 22, 2017 at the recommendation of the Departments of Defense and Energy. The waiver was initially signed on September 8, 2017 by the Department of Homeland Security.

Severe disruptions in the fuel supply system resulted from the mass evacuation of millions of Floridians as they left the areas where hurricanes were predicted to hit. To facilitate movement, maintain services, and rebuild after these devastating storms, refined petroleum products including jet fuel, diesel, and gasoline may be shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Puerto Rico under foreign flagged ships until the September 22^nd deadline.

Crowley Maritime, a Jacksonville based company, has dispatched 18 Jones Act vessels to deliver fuel to Florida ports in the next week. In addition to Tampa, fuel will be discharged in Port Canaveral and Ft. Lauderdale. The vessels will bring approximately 2.75 million barrels of gasoline and 500,000 barrels of diesel in the next 8 days.

Published on: September 12, 2017

Jones Act Waiver Issued by Homeland Security

by Joseph Stacey

Two U.S. government agencies have waived restrictions in an effort to rebuild infrastructure and respond to citizen needs in the aftermath of Hurricanes Harvey and Irma. The Environmental Protection Agency has extended a 38-state fuel emissions waiver for storm related supply distributions across the U.S. The emissions waiver will be in effect until September 15^th, and eliminates the need for states to meet strict emission requirements for low-volatility gasoline. These waivers will allow fuel to make it to market more quickly and reduce supply shortfalls caused by the storms.

In a similar sanction, the Department of Homeland Security Acting Secretary Elaine Duke approved a waiver of the Jones Act. The waiver will ensure that all options for the distribution of fuel are available to states and territories impacted by Hurricanes Harvey and Irma.

“This is a precautionary measure to ensure we have enough fuel to support lifesaving efforts, respond to the storm, and restore critical services and critical infrastructure operations in the wake of this potentially devastating storm,” said Acting Secretary Duke.

Published on: August 29, 2017

New Aquaculture Permits on Hold in Washington State

by Joseph Stacey

A breach in a net pen was initially blamed on high tides and the eclipse. However, in a revised press release, Cooke Aquaculture no longer listed the eclipse as a possible cause, but rather “Exceptionally high tides and currents caused damage to a salmon farm that has been in operation near Cypress Island for approximately 30 years.”

Whatever the cause of the Atlantic salmon spill on Cyprus Island, aquaculture operations have been put on hold in the Pacific Northwest after a moratorium was placed on new and pending permits for fish farming in Washington State. Governor Jay Inslee and Hilary Franz, Commissioner of Public Lands, jointly imposed the freeze on permits after the Cooke Aquaculture Pacific net pen breech occurred on August 19^th.

Cooke leases public bedlands from the Department of Natural Resources, and is now in violation of that lease agreement. In order for Canadian based Cooke Aquaculture Pacific to be “in compliance” with the terms of their lease, they must clean up and manage pen failures at the Cypress Island facility said Cori Simmons, head of communications for the Department of Natural Resources.

Published on: August 28, 2017

Teen Involved with Sailing Class in Critical Condition After Boating Mishap off Magnuson Park

by Joseph Stacey

The Seattle Fire Department was called to Magnuson Park this morning after receiving word that a 17-year-old boy had gone underwater. Spokeswoman Kristin Tinsley reported that a water rescue team arrived at the 7800 block of 62^nd Avenue Northeast around 9:33 am.

Tinsley said that the teen had been taking a class at Sail Sand Point when some sort of mishap caused him to go underwater. Several people involved with the class as well as a responding police officer worked to pull the teen from the water just before the fire department arrived.

He was taken to Seattle Children’s Hospital in critical condition after spending six minutes underwater.

Published on: August 22, 2017

Atlantic Salmon Net Pen Spill, Solar Eclipse Suspected

by Joseph Stacey

If you happen to be fishing in the south Bellingham Bay area near Cypress Island today, the Washington Department of Fish and Wildlife would like your help cleaning up a large Atlantic salmon spill. A net pen which held approximately 305,000 Atlantic salmon, broke over the weekend, releasing thousands of farm fish into the waters surrounding the San Juan islands.

In a statement released this morning by Cooke Aquaculture Pacific, a division of Icicle Seafoods, Inc., Cooke speculated that “exceptionally high tides and currents coinciding with this week’s solar eclipse” caused the damage. Cooke estimates several thousand salmon escaped following “structural failure” of a net pen.

“It appears that many fish are still contained within the nets,” Cooke said in the statement. “It will not be possible to confirm exact numbers of fish losses until harvesting is completed and an inventory of fish in the pens has been conducted.”

Published on: July 28, 2017

Search Continues for Bristol Bay Crewman Who Went Overboard in Ugashik

by Joseph Stacey

The U.S. Coast Guard is still searching for a fisherman who went missing after going overboard in Ugashik Bay.

Petty Officer Bill Colclough says the vessel Lady Colleen reported just after 12:00 a.m. Thursday that a crewman had gone overboard.

“The person was observed falling into the water wearing dark green rain bibs, with no personal flotation device, and could not swim,” he said. “The crew reported they were unable to get the person before being observed going underneath the water and not resurfacing.”

Published on: July 27, 2017

Scuba Diver Who Died in Hood Canal Identified

by Joseph Stacey

The Mason County Coroner’s office have released the name of a scuba diver who died this past Saturday in Washington state’s Hood Canal.

Joshua Michael Parke of The Balles, Oregon, was on a training dive in the Sund Rock Conservation area near Hoodsport, Washington.

Officials say that Parke, age 36, went unconscious shortly after surfacing with his dive partner.

Published on: July 21, 2017

Wreckage of Seattle-Based Crab Boat F/V DESTINATION Discovered in the Bering Sea

by Joseph Stacey

A National Oceanic and Atmospheric Administration Research Vessel has just located the wreck of the missing F/V DESTINATION that sank in the Bering Sea this past February. The vessel and its six crew members were tragically lost in the capsize.

On the cold morning of Saturday, February 11, 2017, crew aboard the F/V DESTINATION was traveling to the fishing grounds and was just off St. George Island in the Pribilofs of the Bering Sea. Events that followed before the vessel ultimately sank are being investigated by the U.S. Coast Guard.

The crew did not have time to send a May Day—only an Emergency Position-Indicating Radio Beacon signal was set off by F/V DESTINATION crew. This allowed immediate responders to reach the destination, but only buoys, a life ring and other debris were found at the site.

Published on: July 11, 2017

Coast Guard Grants Child’s Wish To Serve

by Joseph Stacey

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.