Boat on the sea
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Highland Light Seafoods, a Seattle Seafood Processor headquartered in Seattle, has agreed to pay a $135,00 penalty for violations of the Clean Water Act. The violations stem from an inspection of the 160 foot WESTWARD WIND in December of 2008 and involve multiple alleged violations over a five year period. The EPA charged that the WESTWARD WIND was not in compliance with its National Pollutant Discharge Elimination System permit (NPDES). Allegations included improper discharges of waste product, failure to maintain records, excessive discharges of waste. A Spokesman for the EPA stated that “monitoring is the cornerstone of the NPDES Program and provides real time input for the company on the effectiveness of its operation. Using monitoring to improve operations is an important step in reducing the effects of discharge on the environment.

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A Boston whale watch boat ran aground on a rocky ledge and began taking on water, forcing evacuation of 174 passengers and crewmen. The accident happened on July 3rd near Deer Island in Boston Harbor. The 87-foot long tour boat MASSACHUSETTS was reportedly traveling at 18 knots when it struck rocks at a place called Devil’s Back Ledge. The tour boat began to take on water and list with its bow down. Numerous vessels in the area assisted the Coast Guard in rescuing the passengers who were taken three miles to a pier in Hull. Remarkably, no serious injuries were noted at the time of the accident although the unexpected collision threw many passengers to the deck. The MASSACHUSETTS is owned by Massachusetts Bay Lines of Boston, which owns and operates harbor cruises and tours.
The accident is under investigation by the Coast Guard. Devil’s ledge/rock is a well known navigational hazard in Boston Harbor and it appears that navigational error will be the focus of the investigation. Even in well known and charted waters, vessel owners and tour operators must be fully ready to respond in case of a disaster.

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The tow boat BEAR CAT has been involved in a collision with a small pleasure craft on the Tennessee River. Only one of three persons aboard the small craft survived the accident. Early reports about the June 19, 2010 accident indicate that neither the tow boat nor the small boat was aware of the impending collision. The cause of the accident and why lookouts aboard the tug failed to sound a warning is under investigation by the Coast Guard. The BEAR CAT is owned by Serodino Inc. of Chattanooga.

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A Seattle woman has been killed aboard a construction barge in Seattle. The woman’s relationship to the construction barge working in Seattle’s Elliott Bay is unknown. The death was reportedly the result of the woman being hit in the head by a crane on the barge. The barge was moored just south of Seattle’s downtown waterfront.

Workers aboard marine construction barges may be classified as Jones Act seamen. The legal status of an accident victim is critical to determine what compensation may available in the case of a wrongful death.

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Wesley Keller, a member of the Alaska State House of Representatives, and Vice Chair of the Alaska House Fisheries Special Committee, was cited June 11, 2010, for an illegal sport fishing violation. Keller was fishing with two poles near the entrance to Halibut Cove in Kachemak Bay. He was issued a $110 citation for the violation. Keller, who is a republican from Wasilla, was elected to the Alaska House of Representatives in 2008.

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The Federal Fifth Circuit Court of Appeals has recently held that an undocumented immigrant who is injured at work is not excluded from receiving benefits under the Longshore Harbor Workers Act. In Bollinger Shipyards v. U.S. Department of Labor et al., 2010 WL 1614594 (2010) an alien without proper working papers submitted a false Social Security number to obtain employment in a shipyard as a pipe fitter. Arguing that the undocumented worker was precluded from compensation benefits because he was ineligible to work in the United States, the employer argued that the injured worker was similar to a “car thief,” a “pirate,” or a “drug dealer” who was making money through “ill gotten gains.” The Fifth Circuit rejected the employer’s argument, affirming its prior decision in Hernandez v. M/V RAJAAN, and again declared that undocumented immigrants are eligible to recover workers’ compensation benefits under the Longshore Harbor Workers Act.

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Four people were rescued from the Grays Harbor Jetty after their small pleasure boat ran aground Saturday. The Coast Guard responded to a May Day call from the vessel after it had run aground on the jetty. All four persons were able to safely make it to the jetty. The cause of the accident is unknown at this time. The vessel was able to be freed from the jetty and towed to Westport, Washington.

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The clam dredge ESS PURSUIT has been ordered to return to port, and its catch isolated, after they discovered 10 mystery containers today while working in Hudson Canyon. One container broke open and exposed two crewmen to the contents. They subsequently developed blisters and difficulty breathing. The crewmen were taken to Massachusetts General Hospital for treatment. The catch from the vessel has been isolated to determine if it was contaminated, and the vessel is being surveyed to see if it needs to be decontaminated. The Coast Guard and U.S. Public Health Services are investigating the incident.

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Looking out the window of the maritime law office of Beard Stacey & Jacobsen, PLLC, it was impossible to miss two of the Deadliest Catch featured crab boats tied up in front of its office. Both the ROLLO and the KODIAK have been docked at the west wall of Fisherman’s Terminal since yesterday. The west wall of Fisherman’s Terminal serves as the last stop for many Alaska fishing boats to make their final preparation before heading north to Alaska. Beard Stacey & Jacobsen’s office is located at Fisherman’s Terminal in Seattle to better serve its clients. The firm represents maritime workers of Alaska, Washington and Oregon, and you can’t do that from an office in Houston, Boston or New Orleans. Based upon 25 years of experience representing fishermen in the Pacific Northwest, the lawyers at Beard Stacey & Jacobsen understand fishermen, they know how fishing accidents happen, and they know how those accidents can be prevented. They have successfully represented thousands of clients who have been injured working aboard ships in Alaska, Washington and Oregon. They have recovered millions dollars in compensation for their clients located throughout the United States.

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A Hong Kong flagged bulk carrier, LUZON STRAIT, lost engine and generator power outside the entrance to the Columbia River Bar on Thursday. The Columbia River Bar pilot on board the ship was able to safely anchor the vessel outside the shipping channel. The cause of the loss of power was unknown, but the vessel was able to troubleshoot the problem and regain power. A marine inspector has been dispatched to investigate the cause of the mechanical problem and conduct sea trials before determining whether or not the vessel can safely continue to its intended port of call in Portland, Oregon.

Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
4039 21st Ave W. #401
Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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