Boat on the sea
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Westward Seafoods Inc., a Dutch Harbor seafood processing plant has agreed to pay a $570,000 civil penalty to resolve alleged violations of the Clean Air Act occurring between 2002 and 2006. The EPA complaint against Westward Seafoods alleged improper use and reporting regarding the burning of 1.3 million gallons of diesel fuel and use of 80,000 pounds of ammonia. Under the terms of the settlement, Westward Seafoods will be required to create a preventive maintenance and operation plan, develop and implement an annual training plan for its employees, and develop internal plans for reporting to the federal and local environmental agencies. A spokesman for the EPA stated, “We expect companies that handle hazardous chemicals and operate diesel generators to comply with the law. This settlement is designed to put a system into place that will prevent future violations of the environment and public safety laws.”

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Thursday the Pacific Fisheries Management Council adopted a commercial 2010 Chinook salmon seasons for the Washington and Oregon Coasts. Under the proposal, commercial fishermen will be able to harvest 56,000 Chinook salmon north of Cape Falcon and 13,000 marked hatchery Coho. Recreational fishermen will also share in the openings which provide for a total allowable catch of 117,000 Chinook and 80,000 marked hatchery Coho. The limits reflect a higher rate of return for Chinook salmon, while the Coho season is projected to be a down year. Oregon commercial fishermen have not been permitted to harvest Chinook since 2007. The proposal calls for very limited harvest south of Cape Falcon. The Pacific Fisheries Management Council’s decision still needs final approval by NOAA, which is anticipated on May 1st.

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The U.S. District Attorney has charged Seong Ug Sin, captain of a 587 Panamanian Log Ship, with operating the vessel while intoxicated. The charges stem from a Coast Guard boarding of the ship in the Straight of Juan de Fuca near Port Angles Washington. A breathalyzer test showed Sin’s alcohol level was .10, nearly three times the legal limit. Sin was charged in United States District Court in Tacoma. Sin faces a possible sentence of up to one year in jail and a $100,000 fine. No trial date has yet been set in the matter. The ship involved remained anchored until the owners could man the vessel with an appropriately licensed replacement.

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The Coast Guard has airlifted an injured fisherman from the fishing vessel Neves. The vessel was 115 miles east of Nantucket when it radioed needing medical help for an injured crewman. No details of the accident have been provided. The crewman was flown to Massachusetts General Hospital for emergency medical care.

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Yesterday, the Coast Guard issued an order requiring the cargo vessel STX DAISY to remain at anchor in Port Angeles, Washington. During a routine Coast Guard boarding of the vessel in the Strait of Juan de Fuca, the Coast Guard suspected the vessel’s Master showed signs of intoxication. The 587 Panamanian flagged vessel was in route from China to Olympia to load timber. The U.S. Attorney’s office is investigating the incident for possible violation of United States laws.

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The 34-foot fishing vessel OREGON 350 capsized near Cape Mendocino on Thursday afternoon. Two crewmen, father and son, were rescued from the vessel by the Coast Guard. The vessel reportedly was struck by a large wave, causing the vessel to lose its electronics. After the Coast Guard evacuated one crewman by helicopter, the captain thought he could navigate the vessel to shore using his hand held car GPS system, but the vessel lost stability and capsized. A second Coast Guard helicopter was dispatched to the vessel and rescued the Captain. The Coast Guard recommends that all mariners pay close attention to weather and sea conditions off the Coast of California as conditions can change with little notice. The Coast Guard also recommends that mariners equip their vessels with backup communications and navigation equipment for use in emergencies. Remarkably sophisticated backup navigation and communication equipment can now be purchased very affordably. Every vessel should have back up electronic equipment.

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Columbia River gill netters will have a brief four-hour season for Spring Chinook on Wednesday. Approximately 50-75 boats are anticipated to participate in the fishery targeting the prized fish. The market price for spring Chinook rivals that of the Copper River Salmon.

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A worker at Trident Seafoods’ fish processing plant in Akutan has been medically evacuated to Anchorage after suffering second and third degree burns to his face. The accident reportedly happened when a paint can exploded in an incinerator.

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A fish processor cleaning machinery aboard the Alaska factory trawler Ocean Peace was seriously injured on Tuesday. Joemar Lontoc was airlifted from the vessel by a Coast Guard helicopter, and he has been transferred to Anchorage for emergency medical care. The accident happened 100 miles west of Adak Island.

Serious injury accidents involving fish processing equipment occur too frequently aboard Alaska Factory trawlers. Crewmen must be properly trained and supervised in safely operating such equipment. The Fishing Vessel Safety Act requires most fish processing equipment to be properly guarded to prevent hands and feet from getting into blades, augers, and shafts. Failure to properly guard fish processing equipment may render a vessel unseaworthy. Lock out tag out procedures should be followed by crewmen when the fish processing equipment is being cleaned and repaired. Crewmen injured as result of improperly guarded machinery, defective equipment, improper training, or negligence of a fellow crewman have claims under the Jones Act and the general maritime law.

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March 29, 2010 – The Supreme Court of the United States has rejected a petition to decide whether or not the spouses of non seamen injured on the high seas may make a claim for loss of consortium. Denying a writ of certiorari, the Court let stand the Eighth Circuit Federal Appellate Court’s decision that the General Maritime Law does not allow recovery of loss-of-consortium damages for injuries to non seamen outside of state territorial waters. The Supreme Court did not issue a final decision, it simply chose not to accept the issue for review at this time. The Eighth Circuit noted that spouses of Jones Act seamen are not permitted to collect such damages. The Eighth Circuit’s decision, Doyle v. Graske, 579 F3d 898 (2009), is in agreement with the Fifth and Ninth Circuit Court of Appeals. In many cases, spouses of non seamen injured within State territorial waters, (3 miles), may recover for loss of consortium damages.

Contact Information
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205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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