Seattle Personal Injury Blog

Six fishermen are safe after their vessel began taking on water and sank approximately two miles off the coast of Kahoolawe, Maui, Monday.

Coast Guard Sector Honolulu watchstanders received a radio call from the captain of the 43-foot charter fishing vessel Piper at 12 p.m. The captain reported the vessel was sinking and passengers were putting on lifejackets. The six people aboard the Piper abandoned ship into a life raft.

A crew aboard a 45-foot Response Boat-Medium from Coast Guard Station Maui was launched. Watchstanders issued an Urgent Marine Information Broadcast over VHF marine radio channel 16 to notify other vessels in the area of the emergency and the need for immediate assistance. The crew aboard the recreational vessel Misti III responded and rescued the passengers and crew. The Misti III transported the six survivors to Ma'alaea Harbor where emergency medical services met them. No serious injuries were reported.

The vessel sank in approximately 1,200 feet of water and has an unspecified amount of diesel fuel aboard. The Coast Guard will continue to monitor the situation for any evidence of pollution or debris from the vessel. No pollution is currently visible. The sinking is under investigation and is being treated as a serious marine incident by the Coast Guard.

Mariners are reminded to have all required safety equipment aboard their vessels. Marine incidents can occur quickly and without warning. In this instance, a marine VHF radio, lifejackets and a life raft played critical roles in ensuring the survival of the passengers and crew of the Piper.

"This is a great example of why it is important to have all of the required safety gear aboard your vessel," said Cmdr. Steve Wheeler, Sector Honolulu chief of response. "By having the required lifesaving equipment aboard the captain ensured the safety of his passengers and prevented an unnecessary loss of life."

A fish processing vessel that went hard aground on Kodiak Island was struck by other problems earlier this year, including a diesel spill and two ammonia leaks.

The 169-foot Pacific Producer grounded in 9-foot tides early Friday while traveling through a narrow passage between Kodiak and Spruce islands. The vessel had just left the city of Kodiak two hours earlier when the mishap occurred in relatively calm seas, according to the Alaska Department of Environmental Conservation.

"It hit the beach fairly hard," said Steve Russell, the DEC's state on-scene coordinator.

Crew members likely won't be able to refloat it until higher tides return next week, responders said Monday.

No one among the 16-member crew was injured and no fuel spilled when it grounded near the Spruce Island village of Ouzinkie, the Coast Guard said. A Samaritan fishing vessel transported 10 of the crew members to Kodiak while six others remained on board.

The vessel, home-ported in Seattle, sustained a 10-inch crack in the hull wall of a water tank, according to the DEC.

Crews are working to repair the hull, Russell said. The gash, however, would not prevent the refloating because the tank is designed to hold water, he said.

But tides up to two feet lower have hampered the crew's attempt to move the Pacific Producer under its own power after lightering it.

The Coast Guard also is monitoring the Pacific Producer and work is being planned to minimize any pollution threats, including the pending removal of 8,000 gallons of diesel fuel, as well as hydraulic oil, on board the vessel. Francis said the owner has a valid certificate of financial responsibility and is working with a salvage company to remove the vessel.

The vessel is owned by Chris Tsabouris and his Seattle business called East West Seafood. Tsabouris did not immediately return calls from The Associated Press seeking comment Monday.

Last week's grounding adds to a string of problems involving the Pacific Producer in Kodiak.

In January, firefighters responded to reports of an ammonia leak on the vessel, which was docked at a busy commercial pier after crews walked off the job. Another ammonia leak was reported later after the Pacific Producer was moved to St. Herman Harbor.

Days after the first leak, an estimated 150 gallons of diesel fuel spilled into the water, according to the Coast Guard.

The Kodiak Daily Mirror said a former employee was accused of damaging the vessel's engines with an ax in February.

Kodiak harbor master Marty Owen said the vessel has been in Kodiak since October and this was the first time it left to process fish. It sat idle for months while Tsabouris was outside the state trying to raise operating capital, according to Owen. He said Tsabouris still owes significant moorage fees to the city and is not likely to keep the vessel any longer, Owen said.

Owen described the Pacific Producer as part of a "fly-by-night" operation that appears to be underfunded. But he was puzzled by the grounding, saying he didn't know how the vessel could have landed on a steep beach.

On Friday, March 15, a 35-year-old crewman of the 58-foot fishing vessel Stella fell overboard into Shelikof Strait, Alaska.

The crewman spent 25 minutes in the 37.6 degree water without a survival suit before he was brought back aboard by his fellow crewmen. Weather at the time of the incident was reportedly 20 mph winds from the southwest with seas to 4-feet and freezing spray.

After the crewman was brought back aboard, a Coast Guard MH-60 Jayhawk helicopter crew from Air Station Kodiak medevaced the crewman who was exhibiting symptoms of hypothermia. The man was safely hoisted by the Coast Guard helicopter crew and delivered to emergency medical personnel at Air Station Kodiak for further transport to Providence Kodiak Island Medical Center.

"This crew did everything right to rescue this man and this is a perfect example of why vessel crews need to practice their emergency drills monthly," a Coast Guard spokesman said.

The Coast Guard is currently investigating the cause of the fall overboard.

Whenever a crewmember is injured while in service of the vessel, they are entitled to maintenance, cure, and unearned wages. Maintenance is a per-diem payment intended to cover the injured seaman's room and board while unfit for duty due to their shipboard injuries. Cure is payment for the injured seaman's medical expenses up to the point of maximum medical improvement. Unearned wages are the seaman's wages through the end of the voyage. Seamen injured in service of the ship are entitled to maintenance, cure, and unearned wages regardless of whether their injuries were caused by vessel owner negligence.

Where a seaman's injuries are caused in any part, even the slightest, by vessel owner negligence, the seaman is also entitled to recover under the Jones Act and the doctrine of unseaworthiness. The Jones Act and the doctrine of unseaworthiness provides the injured seaman with damages for lost wages (past and future), other economic damages, medical expenses (including those beyond the point of maximum medical improvement), and damages for pain and suffering.

The Coast Guard is supervising the salvage and pollution response operations of a sunken towing vessel in the Mississippi River at Mile Marker 161.5 near New Orleans. The cause of the sinking is still under investigation.

Coast Guard Sector New Orleans watchstanders received a report around 2 a.m. Thursday that the 56-foot towing vessel Justice, owned by River Ventures LLC, had begun taking on water and sank around midnight. Three people aboard the tow vessel were able to get off before it sank.

The Coast Guard responded to the scene at approximately 6 a.m. to oversee pollution response operations. Boom was deployed and the Coast Guard is continuing to monitor the situation to identify shoreline impacts. The vessel was carrying 5336 gallons of diesel fuel and 100 gallons of lube oil when it sank. The actual amount of fuel discharged into the Mississippi River is unknown at this time; however, current estimates indicate the full amount of fuel and oil carried aboard the vessel has not released into the water. Divers were able to plug the fuel vents Thursday. The Lower Mississippi River Waterworks Network is currently monitoring water intakes in the area, but there have been no impacts to drinking water and none are expected. Mckinney Salvage and Heavy Lift are scheduled to commence salvage operations.