Maritime Injury Law Blog

Three Alaska fishing vessels have been ordered by the United States Coast Guard to return to port for violations of safety regulations. One of the vessels had an expired life raft and the other two vessels lacked primary safety devices. Two of the vessels also had expired documentation. Two of the vessels were home ported in Craig, Alaska and the third vessel was from Klawock.

Coast Guard regulations require life rafts to be repacked annually and the hydrostatic releases must be regularly replaced and serviced. The Coast Guard conducts random vessel inspections of commercial fishing vessels. Remarkably, fishing vessels have few safety regulations that apply to them yet fishing vessels such as these still fail to comply with basic regulations relating to life saving equipment. In the past twenty years, epirbs, life rafts, and survival suits have allowed crewmen to survive many vessel sinkings. These three cited vessels will have to prove compliance with Coast Guard regulations before they can return to sea. Voluntary dockside safety inspections are available from the Coat Guard to all commercial fishing vessels.

Failure to maintain life safety equipment may render a vessel unseaworthy and result in imposition of liability in cases involving injuries and wrongful deaths.

The U.S. Coast Guard issued a notice setting the minimum random drug testing rate for covered crewmembers on U.S. vessels for the year 2010 at 50%. Employees involved in serious marine incidents involving injuries, loss of life, collisions, sinkings, etc. must also be tested for drug and alcohol within two hours of the accident

Under 46 CFR 16.230, the Coast Guard requires marine employers to establish random drug testing programs for covered crewmembers on inspected and uninspected vessels.

Every marine employer is required by 46 CFR 16.500 to collect and maintain a record of drug testing program data for each calendar year, and submit this data by 15 March of the following year to the Coast Guard in an annual MIS report. Marine employers may either submit their own MIS reports or have a consortium or other employer representative submit the data in a consolidated MIS report.

The 32 foot limit on salmon drift boats in Bristol Bay will stay in place. The Alaska Board of Fisheries failed to pass a proposal to repeal the 32 foot limit during its December, 2009 meeting in Anchorage. The board vote on the proposal was deadlocked at 3-3 with one board member abstaining. Supporters advocating the increase in the length argued that larger vessels would permit flooded fish holds and chilling systems to be installed thereby increasing a higher quality product. Alaska permit holders generally opposed the proposal and thought that a larger boat base might come to dominate the fishery. A similar proposal to eliminate the 32 foot restriction was rejected in 2006.

The Government Accounting Office has upheld an appeal of the National Oceanic and Atmospheric Administration’s, ( NOAA), decision to relocate its home port from Seattle to Newport. The decision to appeal the move was made by the Port of Bellingham who claimed that NOAA did not consider the fact that the Newport location was within the 100 year flood plain of the Yaquina River and therefore violated Federal rules for construction of new facilities.

The 20 year lease at stake is for the home port of four NOAA research ships that begins in 2011 and is worth in excess of $40 million dollars. The NOAA home port involves an estimated 78 shoreside employees and up to 178 researchers aboard the vessel. However, the home port location would also support and employ numerous related private industries. The NOAA center had been previously located in Seattle for the past sixty years.

NOAA has indicated that they will work with Government Accounting Office to alleviate their concerns over the Newport location. Don Mann, manager of the Port of Newport, has indicated that work is continuing ahead on the project and that the Port has hired various contractors and engineers to start work on the new Newport facility. Newport’s rent bid of $2.5 million for the NOAA site was substantially less than the Port of Bellingham’s $4 million dollar per year bid.

The crewman who was lost overboard the crab fishing boat BALLAD has been identified as Steve Neva of Ilwaco, Washington. Clatsop County recovery divers found Neva’s body caught in crab gear and lines wrapped in the propellor shaft. Evidence indicates that he was trapped beneath vessel. There was no indication that Neva had been injured by the vessel’s propeller.

Chinook, Washington crab fisherman David Lethin has ownership interest in the BALLAD. Lethin owns multiple other vessels including the ALEUTIAN BALLAD which is now be utilized in the Alaska trade to show tourists a working crab boat. Lethin’s vessels have also been highlighed in the Discovery Channel’s Deadliest Catch television show.