Maritime Injury Law Blog

Published on: November 28, 2023

Derelict Vessel El Capitan Sinks off Orcas Island

U.S. Coast Guard Sector Puget Sound, the Washington Department of Ecology, and the Islands’ Oil Spill Association (IOSA) were deployed on Saturday, November 18^th, 2023, to address the sinking of the 80-foot vessel EL CAPITAN at West Sound Marina on Orcas Island.

Watchstanders at Sector Puget Sound command center were alerted by West Sound Marina about the rapidly sinking vessel near the pier in roughly 30 feet of water, and a visible sheen was observed.

Coast Guard Pollution Responders promptly informed IOSA, who arrived at the scene and worked with the marina to deploy booms and absorbents. As a precautionary measure, IOSA brought several trailers loaded with additional boom supplies. The Washington Department of Ecology also responded to support IOSA’s efforts. Throughout the weekend, IOSA monitored the sinking vessel.

Published on: November 21, 2023

Coast Guard Helicopter Crashes in Alaska

by Joseph Stacey

Four Coast Guard personnel sustained injuries following the crash of their MH-60 Jayhawk during a search and rescue mission in Alaska. The Air Station Sitka based helicopter crashed on Read Island, just south of Juneau.

At approximately 8 p.m. on Monday, November 13^th the F/V LYDIA MARIE began taking on water amidst the rough seas of Frederick Sound. A distress signal was promptly transmitted by the ship’s captain to the U.S. Coast Guard, and the vessel navigated towards the sheltered northern coast of Read Island in Farragut Bay while awaiting assistance.

According to reports, the initial responders to Monday night’s Air Station Sitka helicopter crash were the crew members from the distressed fishing vessel the U.S. Coast Guard was dispatched to assist. Two brothers aboard the F/V LYDIA MARIE reportedly played a pivotal part in rescuing the stranded air crew after hearing the crash.

Published on: November 7, 2023

Conception Vessel Captain Found Guilty of Negligence in Fire that Killed 34

by Nigel Stacey

On the afternoon of November 6th, 2023, a federal court jury in Los Angeles found Jerry Nehl Boylan, the captain of the M/V CONCEPTION, guilty of gross negligence in the tragic maritime incident that claimed the lives of 34 individuals.

The M/V CONCEPTION, a 75-foot vessel, caught fire on Monday, September 2, 2019 while anchored. The fire swiftly engulfed the boat, resulting in its sinking and the tragic loss of 34 lives. Five crew members, including Boylan, managed to escape and survive.

Throughout the trial, prosecutors presented evidence and contended that Boylan, displayed negligence by failing to initiate a night watch or roving patrol, insufficient fire drills, poor crew training, and neglected to provide firefighting instructions or utilize available firefighting equipment. This evidence highlighted a series of failures on the part of Captain Boylan that significantly contributed to this tragedy. Boylan, who was responsible for the safety and security of the vessel, its passengers, and its crew, has been found guilty of his failures.

Published on: October 31, 2023

Mariner Lost at Sea Nearly 2 Weeks Found Alive

by Nigel Stacey

One of the two fishermen who disappeared nearly two weeks ago along the Washington coast has been found alive, floating in a life raft just west of Vancouver Island. According to the U.S. Coast Guard, Canadian family members spotted then rescued the man approximately 70 miles northwest of Cape Flattery on Thursday, October 26th, 2023.

Ryan Planes and his uncle, John, were preparing their fishing equipment on the shores of Vancouver Island when they noticed a small life raft drifting nearby. The individual in the raft had exhausted his supplies of food and water and had fired his final flare to alert them.

Ryan Planes and his uncle promptly rescued and transported the mariner to the Canadian Coast Guard for assistance.

Published on: October 14, 2023

Red King Crab Harvesting Opens in the Bering Sea

by Nigel Stacey

After a two-year closure due to insufficient stock levels for fishing, the Bristol Bay red king crab fishery in Alaska is scheduled to reopen at noon on October 15, 2023. The established quota for this reopening is 2.15 million pounds, slightly less than the 2.6 million pounds set in 2020.

Jamie Goen, executive director of Alaska Bering Sea Crabbers, said members are happy to return to their work on the water. However, they are committed to ensuring minimal impact, aiming for the sustainability of the crab resource for future generations.

“They are tracking closely the science around the health of crab stocks and want to help crab continue to rebound,” she said. We’re adding extra measures this season during our directed pot fishery for crab to reduce our interactions with crab. We’re increasing communication with the fleet on best handling practices, clean fishing areas, and opportunities to share gear.”

Published on: October 12, 2023

Passenger Liability Waivers

by James Jacobsen

Partner Nigel Stacey was recently invited to present as faculty at the Current Issues in Maritime Law 2023 Conference, organized by the Washington State Bar Association. Attendees at the conference included plaintiff and defense lawyers, as well as insurance directors from around the world. Mr. Stacey was asked to speak about Passenger Liability Waivers and the Pending Ehart v. Lahaina Divers Inc. Decision.

The presentation focused on maritime law that prohibits the use of ticket liability waivers for specific voyages, as businesses attempt to assert immunity from negligence lawsuits. This issue is particularly important as the Ninth Circuit is currently deciding whether the rule allows a company to avoid legal action for negligence after a deceased passenger signed a waiver to go snorkeling.

Liability waivers address instances of ordinary negligence. Should a business engage in gross negligence or deliberate harm, the waiver loses its effectiveness. Distinguishing between ordinary and gross negligence can be subtle. Ordinary negligence often results from accidents or lack of attention, while gross negligence arises when an entity neglects to exercise reasonable care.

Published on: September 12, 2023

Plane Crash Survivor Rescued in Alaska

by Nigel Stacey

On Sunday September 11^th, 2023, the U.S. Coast Guard successfully rescued the survivor of a plane crash that was located roughly 35 miles northwest of Juneau, Alaska.

Personnel at the Southeast Alaska Sector Command Center initiated the deployment of an MH-60 Jayhawk aircrew from Air Station Sitka at 5:38 p.m. responding to the most recent location signal from an emergency locator transmitter (ELT) alert in the vicinity of Excursion Inlet.

At 7:05 p.m., the aircrew successfully located the crash site of the single-engine fixed-wing aircraft. A rescue swimmer was lowered and skillfully extracted the sole occupant on the aircraft. The survivor was transferred in critical condition to awaiting local emergency medical services stationed at the Juneau International Airport.

Published on: September 5, 2023

Commercial Crab Fishery Closed

by Joseph Stacey

Due to disappointing population surveys once again this year, the commercial harvests of red and blue king crab in Southeast Alaska will remain closed during the 2023–24 season. Stock assessment models have revealed a biomass of just 188,899 pounds, falling short of the 200,000-pound threshold required to authorize the fisheries.

The closure of the fishery, due to insufficient biomass, is not unexpected for those overseeing stocks. Insufficient biomass has prevented the fleet from deploying pots since 2017.

On a positive note, the outlook is promising for the fishery in the upcoming year.

Published on: August 29, 2023

U.S. Coast Guard Alaska Medevacs Fishing Crewmembers

by Nigel Stacey

It was a busy weekend for the U.S. Coast Guard as they responded to five rescue cases, including two unwell commercial fishermen.

On August 25th, at approximately 6:20 a.m. watchstanders at the U.S. Coast Guard District 17 command center received a request for a medevac from the F/V NORTHERN EAGLE. A 26-year-old crewmember was suffering from abdominal pain; an MH-60 Jayhawk helicopter air crew was dispatched from Coast Guard Air Station Kodiak. The crew reached the fishing vessel, which was about 23 miles northwest of St. Paul Island, and successfully hoisted the crewmember at about 8:15 p.m. The worker was airlifted to St. Paul, where a transfer was made to emergency medical services at 9:00 p.m. The crewmember received further medical attention in Anchorage.

On August 25th, at about 4:25 p.m., watchstanders at the U.S. Coast Guard District 17 command center received yet another request for a medevac from the F/V ASIAN MAJESTY. The request pertained to a 41-year-old male crew member who was experiencing chest pain. At the time of the request, the vessel was positioned approximately 483 miles southwest of Dutch Harbor, Alaska. The vessel was directed to navigate to a rendezvous point to facilitate the medevac.

Published on: August 22, 2023

F/V Northern Eagle Crew Member Pronounced Dead

by Joseph Stacey

It is with great sadness that we report that a crew member aboard the F/V NORTHERN EAGLE lost his life while working at sea last week. Authorities suspect the cause of death was exposure to an ammonia leak aboard the vessel.

According to U.S. Coast Guard Petty Officer Second Class John Highwater, a satellite call was made by the F/V NORTHERN EAGLE on Friday, August 18th at 4:30 a.m.

“One of their crew members was found unresponsive in one of their engineering spaces,” Highwater said. “They believe there was an ammonia leak somewhere in the vessel that caused the person to fall unconscious,” Highwater reported to a local news agency.