Maritime Injury Law Blog

Published on: April 30, 2024

Peter Pan Seafoods in Receivership, $60 Million in Debt

The financial troubles of Peter Pan Seafoods have escalated. The King County Superior Court in Washington state has approved a request from Wells Fargo Bank to place the seafood processor into receivership. Peter Pan’s financial affairs will be overseen by the Los Angeles-based Stapleton Group.

The petition filed last week by Wells Fargo Managing Director Gary Harrigian asked the court to appoint Stapleton Group as controller of Peter Pan Seafoods assets.

Mr. Harrigian asserted in his petition that appointing a receiver was imperative “to protect, preserve and maximize the value of the business and assets, including, without limitation, the collateral, and its revenue-producing potential to avoid further loss, injury and impairment.”

Published on: April 23, 2024

Three Charged with Illegally Transporting Crab from Alaska to Washington

by Joseph Stacey

An indictment from a federal grand jury in Alaska has been issued, accusing the owner and captains of two crab catcher vessels of unlawfully transporting crab from Alaska, a violation of the Lacey Act.

According to legal documents, Corey Potter is identified as the owner of two fishing vessels. Justin Welch and Kyle Potter serve as the captains. Between February and March of 2024, these vessels amassed a haul exceeding 7,000 pounds of Tanner and golden king crab in Southeast Alaska. Corey Potter allegedly instructed Kyle Potter and Justin Welch to transport the crab to Seattle, Washington, in an effort to fetch a higher price than that which could be obtained in Alaska. Neither captain docked the harvested crab at an Alaskan port, failing to document the harvest on a fish ticket, as mandated by state law.

Reportedly, the crab was transported through Canadian and Washington waters. Upon reaching Washington, a significant portion of the king crab was discovered to be dead or unsuitable for sale. Corey Potter purportedly admitted that some of the crab on board was afflicted with Bitter Crab Syndrome (BCS), a fatal parasitic disease affecting crustaceans. An additional 4,000 pounds of Tanner crab was allegedly disposed of due to the risk of BCS contamination. Legal documents contend that had the crab been correctly landed in Alaska, the harvest would have been inspected, and infected crab would have been identified and discarded before departing from Alaska.

Published on: April 16, 2024

Partners Nigel Stacey and Joe Stacey Judge 31st Annual Judge John R. Brown Admiralty Moot Court Competition

by Nigel Stacey

Last week, Nigel Stacey and Joe Stacey, partners at Stacey and Jacobsen, PLLC, were honored to serve as judges for the esteemed 31st Annual Judge John R. Brown Admiralty Moot Court Competition.

This annual competition hosted 32 law school teams from across the country to deliver arguments on issues pertaining to maritime law. The event honors Judge John R. Brown, renowned for his service as a distinguished admiralty judge on the United States Court of Appeals for the Fifth Circuit.

Other volunteers in this competition have included federal judges, prominent members of the maritime bar, presidents and past presidents of the Maritime Law Association of the United States, as well as admiralty professors.

Published on: April 16, 2024

Peter Pan Suspends Summer and Winter Production Indefinitely

by Joseph Stacey

Peter Pan Seafood’s future has been uncertain since January when the company disclosed plans to shutter its King Cove facility for the winter fishing seasons of cod, whitefish, and crab. Today, the company has officially announced it will “suspend operations at its processing facilities, ceasing both summer and winter production cycles indefinitely.”

The cessation of operations follows shortly after Peter Pan finalized an agreement with Silver Bay Seafoods. Silver Bay has officially acquired Peter Pan’s Valdez processing plant and will oversee the operations of Peter Pan’s facilities in Port Moller and Dillingham for the upcoming season.

The agreement raised numerous industry concerns, particularly regarding the future of the King Cove plant. Moreover, uncertainty lingers around the fate of the Port Moller and Dillingham facilities, with Silver Bay’s commitment limited to operating them for the upcoming “2024 salmon season.”

Published on: April 9, 2024

Alaska Legislature Boosts Fishermen’s Fund Payments

by Joseph Stacey

Stacey and Jacobsen, PLLC is pleased to announce that Senate Bill 93 sailed through the Alaska House with a resounding 39-1 majority, with only Representative David Eastman, R-Wasilla, in opposition. This legislation, championed by the Senate Labor and Commerce Committee and several other organizations, raises the caps on compensation from the Alaska Fisherman’s Fund for injuries and illness sustained by commercial fishermen. Its passage strengthens the assurance that medical expenses from fishing-related accidents are better addressed for crew members.

“I think it’s crucial that we support hard working Alaskans, especially when they’ve become ill or injured on the job and need money from funds that they have paid into,” said Senate Labor and Commerce Committee Chair Jesse Bjorkman R-Nikiski. “Commercial fishermen will have greater financial support from the Alaska Fisherman’s Fund when they file a claim with no cost to the State, because the Fisherman’s Fund dollars come from fees received from commercial fishing license sales.”

The Fishermen’s Fund was established in 1951. The fund provides medical treatment and care for licensed commercial fishermen who sustain injuries while working in fishing activities in Alaska. Whether offshore or onshore, fishermen are covered while on active crew status.

Published on: April 2, 2024

Fisherman Found Dead Inside F/V Westerly

by Nigel Stacey

On Thursday March 28^th, 2024, a fisherman lost his life in a fishing boat accident off Point Reyes, California. The incident was reported at approximately 4:30 p.m. prompting a response from the Sonoma County Sheriff’s Office Helicopter Unit, known as Henry-1. The vessel involved was identified as the F/V WESTERLY, a Dungeness crab fishing boat that crashed onto the rocks near Chimney Rock. Reports indicated that the boat was lodged on the rocks, battered by waves that forced it onto its side. The damaged vessel began sinking.

A rescue swimmer from the U.S. Coast Guard was dispatched and found an individual aboard the vessel. According to the sheriff’s office, the swimmer was unable to access the cabin without breaching equipment. The Henry-1 team executed a rescue operation, bringing in breaching equipment and a paramedic from the Marin County Fire Department. The tactical flight officer and paramedic gained entry to the cabin and found a deceased individual later identified as Matthew Paul, a 49-year-old commercial fisherman from Half Moon Bay. Mr. Paul’s remains were transported by air to the Marin County Coroner’s Office, where an inquiry into the cause of death is expected.

The first person to notice the vessel near the Marine Protected Area of Point Reyes was a ranger at the Point Reyes National Seashore. Upon discovering the vessel, the ranger quickly notified the relevant authorities, prompting a collaborative effort among several agencies.

Published on: March 26, 2024

Cooke Aquaculture Pacific Drops Appeal

by Joseph Stacey

Cooke Aquaculture Pacific has decided to withdraw its appeal against the cancelation of its net pen leases at Rich Passage and Hope Island. The move was announced by Washington state’s Department of Natural Resources (DNR) on March 15^th, 2024.

Hilary Franz, the Washington Commissioner of Public Lands, announced the dismissal of the appeal, emphasizing that state residents should mark this day as the definitive conclusion to hazardous and harmful net pens in the region.

“Cooke Aquaculture has finally realized that its fight to continue to put our waters and salmon at risk was futile. And as the courtroom battles and corporate tantrums fade away, we’re left with a Washington with cleaner waters, stronger habitats, and healthier salmon,” Franz said.

Published on: March 12, 2024

West Coast Ocean Salmon Season: Options Open for Public Review

by Joseph Stacey

The Pacific Fishery Management Council (Council) has crafted three options for 2024 ocean salmon fisheries along the coasts of Washington, Oregon, and California, now open for public assessment. A final verdict on salmon seasons should be reached during the Council’s upcoming meeting scheduled for April 6-11, 2024, in Seattle, WA. Extensive details regarding starting dates, open areas, and catch limits for the three options can be found on the Council’s website at www.pcouncil.org .

The projections for West Coast Chinook and coho stocks in 2024 present a varied outlook, encompassing both declines and increases compared to the previous year. Primary constraints for this year’s ocean salmon fisheries will be the federal mandates aimed at conserving Fraser River (Canada) coho, Washington coast natural coho, lower Columbia River natural coho, Klamath River fall Chinook, and Sacramento River fall Chinook populations.

“Meeting our conservation and management objectives continues to be the highest priority for the Council,” said Council Chair, Brad Pettinger. “Balancing those objectives while providing meaningful commercial and recreational seasons remains a challenge in 2024.”

Published on: March 5, 2024

Bering Sea Trawling Study Postponed

by Nigel Stacey

A federal agency has decided not to proceed with a controversial bottom-trawling experiment that was planned this year for the Northern Bering Sea. Tribal and environmental groups, prepared to take legal action to stop the project, are welcoming the decision.

The Northern Bering Sea Effects of Trawling Study (NETS) aims to investigate the consequences of commercial bottom trawling, a fishing technique utilizing nets to sweep the seafloor, in an area of the Bering Sea where it is presently prohibited. Despite the ban on bottom trawling in the Northern Bering Sea, the study anticipates that changes in fish populations due to climate change may create future pressures for its implementation in the region.

The research project, slated to begin as early as August, is structured as a multiyear endeavor. Janet Coit, the director of NOAA Fisheries, conveyed the decision via email to tribal organizations that had voiced objections to the project.

Published on: February 27, 2024

USDA to Purchase Millions of Pounds of Alaska Seafood

by Joseph Stacey

AlaskaSeafood-300x157 On Tuesday February 14^th, 2024, the Alaska Seafood Marketing Institute (ASMI) announced that the U.S. Department of Agriculture (USDA) will make a significant purchase of Alaska salmon and pollock in support of food and nutrition initiatives.

The ASMI stated that the purchase of seafood aims to support people experiencing food insecurity as well as school lunch programs. These purchases are being made possible through Section 32 of the Agricultural Adjustment Act of 1935. This program assists U.S. agricultural food markets by purchasing commodities to relieve market surpluses, which in turn stabilizes agricultural income and prices.

“USDA’s Section 32 purchase announcement is great news for Alaska—almost $100 million of Alaskan seafood for people experiencing food insecurity. This purchase won’t just bolster Alaska’s seafood industry and support our coastal communities, but will help bring the highest-quality and healthiest seafood products in the world to families in need. I am grateful for the USDA’s investment in our fishermen and the health of Americans,” said Sen. Murkowski.