Local fire departments and other workers stabilized the overturned boom truck before it could fall onto KAYLOR T as she lowered with the ebb tide.
Mr. Morales, 52, of California, was an experienced crane operator and had been traveling annually from California to Seward for 16 years to work. He was well known in the Seward fishing community. OSHA is investigating this industrial accident.
]]>According to reports, of the approximately 50 crewmembers said to be aboard, no others required medical evacuation, and by late Thursday the rest of the crew was able to reenter the vessel as it headed to Dutch Harbor for inspection. As yet, no details on the cause of the leak have been released.
ALASKA JURIS is a 218-foot Seattle-based factory trawler owned by Fishing Company of Alaska. On March 1 of this year, Andrew Fotu, 25, was killed when a cable struck him in the head as he worked on board ALASKA JURIS.
]]>The three men had set out for a day of fishing on February 24, but went adrift when their engine stopped working. At the time they spotted the cruise ship, they had been adrift for over two weeks. Adrian Vasquez, 18, is the sole survivor. His friends, who did not survive, were Fernando Osario, 16, and Oropeces Betancourt, 24. Mr. Betancourt died the night STAR PRINCESS passed them.
STAR PRINCESS is a part of Princess Cruises, which is owned by British/American-owned Carnival Corporation; Carnival also owns Costa Crociere, which is connected with the COSTA CONCORDIA disaster, a fact which has heightened scrutiny of this incident.
The three passengers who spotted the fishing vessel reported that they had sent word to the bridge through a crew member. However, STAR PRINCESS never turned to make a rescue. There has been speculation that STAR PRINCESS did not stop in order to keep to a schedule, or because the cruise ship crew believed the fishermen were waving to them in thanks for avoiding their fishing nets. However, Captain Edward Perrin says neither he nor the officer on duty ever received word that anyone was in distress. He said that if they had received word, they would have investigated and subsequently made the rescue, stating that their cruise line had made rescues over thirty times in the past ten years.
The sad loss of Mssrs. Osario and Betancourt's lives begs the questions: Is there a duty to save lives at sea, and what does that duty entail?
While there is nearly always monetary reward for successfully salvaging a vessel and its cargo, backed by centuries of law governing such salvage and the compensation thereof, historically there has been little law written governing salvaging life at sea. Furthermore, there is no reward or compensation system for saving lives at sea, unless, in certain circumstances, the lifesaving is voluntary (not contractual) and in conjunction with the material salvage of the vessel involved, even though most people believe that nothing is more valuable than human life.
Duty to Save Life at Sea: The Past Century
The Salvage Convention of 1910 required vessel masters to come to the aid of those in danger of perishing at sea, and it required them to aid other vessels following an accident. Since that time, especially since the TITANIC disaster in 1912, there has been further recognition, global cooperation, and standardization regarding saving lives at sea.
In 1912, the Standby Act, 46 U.S.C. Section 2303, was passed in the U.S., which makes it a criminal offence if a vessel master involved in an accident does not assist and save from danger each person affected by that accident. Also in 1912, the Life Salvage Act, 46 U.S.C. (Supp.) Section 729, was passed, providing that those involved in the salvage of a vessel and who have saved human lives in doing so are to be awarded a fair share of the salvage payment. The caveat there, however, is that saving human life without also taking part in material salvage will have no financial reward.
46 U.S.C. Section 2304 states, "A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board."
The United Nations Convention on the Law of the Sea (UNCLOS), in Article 98, "Duty to Render Assistance," expresses much the same rule as 46 U.S.C. Section 2304 does, adding that each State [e.g. country] ratified under UNCLOS must establish a maritime rescue service in cooperation with neighboring States. Many States around the world have signed this treaty, agreeing to be bound by its terms.
The Automated Mutual Assistance Vessel Rescue System (AMVER) is another voluntary organization. Originally inspired by the events surrounding the sinking of TITANIC, in modern times AMVER is a computer-based, voluntary-enrollment global reporting system used by maritime rescue authorities all over the world to alert and divert nearby Amver-enrolled ships to aid mariners in peril.
The goal of the 1979 International Convention on Maritime Search and Rescue (SAR) was to develop an international SAR system such that maritime rescues could be coordinated by those States that had ratified SAR. The oceans were divided into thirteen SAR zones, each zone being designated to responsible countries. For all zones, SAR specifies procedures, training, coordination, stations, and the duties of each SAR commander. Many countries did not ratifiy SAR at that time, even if they had ratified SOLAS, due to the obligations imposed by SAR, so in 2000 a revised annex, which emphasized a more regional approach, was adopted.
In global terms, enforcement of the duty to save lives at sea is left primarily to the discretion of each country. In the U.S., with jurisdiction generally in the federal court, there is a fine of up to $1,000 and/or up to a two-year prison term for those vessel masters who do not save life at sea when they are able to do so without serious harm to themselves or their vessel and crew, as per 46 U.S.C. Section 2304(b).
An interesting note is that, on an individual level, in U.S. common law, a person who has not created a danger has no duty to protect or rescue persons or property from that danger. In maritime law, notwithstanding the duty described in rules like 46 U.S.C. Section 2304 and Article 98 of UNCLOS, unless there is a special relationship between rescuer and rescued (e.g. employer-employee; carrier-passenger; vessel-crewmember) or a causal relationship, such as when one vessel collides with another, the duty defaults to the common law in the instance of saving lives. Further, under common law, there are cases when a Good Samaritan may be liable for damages caused in the course of a rescue. So, there are times when an individual may decide against making the effort to save lives.
There is indeed a duty to save life at sea whenever possible, not only morally, but legally. Many lives have been saved as a result of the increased focus and teamwork concerning saving life at sea, yet we are still left to the good will and good judgment of others when in danger, and, as exemplified in the fates of the three fishermen who were passed by STAR PRINCESS, we are also left at the mercy of how aware the crews of other vessels are, and how effective their internal communications are.
]]>The Coast Guard successfully escorted ASHLYNE from about two miles south of the Columbia River mouth to port at Ilwaco, WA, in swells of eight to twelve feet while pumps on board kept the vessel from flooding. ASHLYNE will be kept in port for a Coast Guard inspection in order to determine the cause of the listing and flooding and to ensure that the required repairs are made.
Things happen fast at sea, and the ASHLYNE crew was fortunate to be able to contact the Coast Guard in time to receive help before the situation became life-threatening.
]]>Reports of lives lost and missing vary at the moment, but most state that of the approximately 300 to 350 passengers aboard, forty are dead, about 150 were able to swim to safety, and up to160 are missing.
The ferry was apparently old and did not carry life boats or life jackets; overloading local ferries is not uncommon. The stormy weather, strong river current, and nightfall have impeded efforts by Army, Border Security Force, and other rescue workers; many of the initial rescues were made by villagers. The area is quite remote, hampering communications. The Prime Minister of India, Manmohan Singh, has expressed grief and has given instructions "for all possible assistance" for local relief operations and for families of the deceased.
UPDATE 5/1/12
A day later, 103 bodies are reported to have been recovered, and some local people say there were far more than the estimated 300 to 350 passengers aboard. At least 200 people were inside, with more people riding on the exterior of the boat. Those who survived were mainly the people riding atop the ferry roof, because they were able jump free when the ferry split, and then, if they could swim, swim to shore. There are accusations that ferry operators routinely ignore load limits and other safety regulations.
]]>What caused this tragedy is not known, but so far the evidence suggests a collision with a much larger vessel. There is no indication of an explosion. There were no reported calls for help. AEGEAN disappeared from the GPS race tracking system at about 1:30 a.m., and it was about nine hours later that Eric Lamb, who was patrolling the race, came upon a debris field covering about two square miles and two of the bodies. The Coast Guard, Mexican Navy, and civilian volunteers like Eric Lamb searched over 600 square miles before suspending the search for Captain Mavromatis at 4:15 p.m. on Sunday.
The race course does run through shipping lanes, and according to reports, another sailor in the area at the time AEGEAN disappeared from radar, Cindy Arosteguy, heard someone say over her radio, "Do you see us?" She looked to see a tanker about a half-mile away, and responded that she saw them.
Two weeks ago, on April 14, in the Full Crew Farallones Race around the Farallon Islands, five of the eight crew aboard 38-foot S/V LOW SPEED CHASE lost their lives when a series of large waves caused LOW SPEED CHASE to roll, tossing crewmembers into the ocean, before she grounded on rocks.
Boat racing deaths are rare compared to other causes of boating deaths, and in 65 years of the Newport to Ensenada race, this is the first fatal accident. Nonetheless, considering two racing tragedies within such a short time, officials in both areas are reviewing race courses and safety plans. An investigation is underway to determine why AEGEAN was dashed to pieces, including finding out which, if any, freighters and tankers were in the area at 1:30 a.m. on April 28.
]]>According to reports, at about 1:00 this morning, American Safari CEO Dan Blanchard awoke in the stateroom of SAFARI SPIRIT to "popping noises." He quickly alerted the ship engineer/mate, who was also on board, and they both escaped harm by shimmying down a mooring line. No one else was aboard. The Coast Guard, Seattle Fire Department, and Harbor Patrol all responded quickly, but SAFARI SPIRIT was enveloped in flame by the time firefighters arrived, and the fire continued to burn.
In the case of this stubborn fire, water that had previously been pumped onto the flames by firefighters had to be pumped off the burning boat before more water could be pumped on; when a boat is on fire, water which has been pumped onto a boat may weigh the boat down, causing it to list or even sink. Fire-suppressing foam was also used.
Fortunately, they were able to control the blaze from spreading to other boats, some of which were moved to safety by Harbor Patrol. No fuel leaks have been detected so far, although the Coast Guard has placed a protective boom around the vessel as a precaution, to contain debris and minimize pollution.
As I look out our office window, I can see the blackened, crumpled shell of SAFARI SPIRIT, still afloat, and the occasional waft of smoke from her bridge, as authorities investigate the cause of her destruction.
]]>The Coast Guard searched over 775 square miles until 1:36 p.m. on April 26, when they suspended the search. What may have happened to Captain O'Leary is, as yet, unknown.
]]>Franz D'Alquen, 47, of Arizona survived his March 5 head injury aboard F/T ALASKA OCEAN, which is owned by Seattle-based Glacier Fish Company. According to reports, while Mr. D'Alquen was on deck shooting the net and checking whether the cable had cleared the weight chains, he was struck by a cable in the right face and eye area. He was thrown backward and remained unconscious for around five minutes. He was medevaced by Coast Guard helicopter from ALASKA OCEAN to Cold Bay Clinic, and then commercially transported to Anchorage for further medical care.
Fishing is still considered among the most dangerous occupations in the U.S. Recognizing this, the Jones Act stipulates that a seaman shall receive maintenance (basic daily living allowance during recovery) and cure (medical care until maximum improvement) from his or her employer after an illness or injury which occurred while in the service of a vessel, as well as provides that, in the case of employer negligence, an injured seaman may make a legal claim. Related to that is the duty of the employer to provide a seaworthy a vessel, vessel equipment, and crew. The attorneys at Beard Stacey & Jacobsen have decades of experience successfully protecting seamen's legal rights and benefits under Jones Act and Admiralty Law.
]]>As HSIN MAN CHUN was about 700 miles west of Guam, it was a U.S. Navy P-3 aircraft out of Kadena Air Base in Japan and a 950-foot bulk carrier in the area that came to the rescue. The P-3 crew located HSIN MAN CHUN and noted that eight fishers were in a life raft while two people were still on the bridge. The P-3 crew dropped two life rafts and notified the crew of M/V SEMIRIO, which was forty miles away. Once at the scene, SEMIRIO launched a small boat and rescued all ten HSIN MAN CHUN crewmembers.
SEMIRIO is a 950-foot Marshallese-flagged, Greek-owned (Diana Shipping) bulk carrier which is enrolled in the Amver System. AMVER first began as the "Atlantic Merchant Vessel Emergency Reporting System," operating only in the nNorth Atlantic. Currently, AMVER stands for "Automated Mutual Assistance Vessel Rescue." It is sponsored by the U.S. Coast Guard and is a computer-based, voluntary-enrollment global reporting system used by maritime rescue authorities all over the world to alert and divert nearby Amver-enrolled ships to mariners in peril. Amver has origins from the time of the RMS TITANTIC tragedy, at which time there was no system in place for answering or coordinating rescues at sea. Created in 1958, Amver now has approximately 20,000 ships from around the world voluntarily enrolled and ready to assist near their sailing position when called on. SEMIRIO has assisted in a number of rescues and has earned a number of Amver participation awards.
]]>Searchers found the missing person's yellow work helmet and the life ring thrown by a MATISSE crewmember. The missing person was not wearing a life jacket.
The search was suspended at 7:30 a.m. that same day, after an exhaustive search. The conditions included 11-foot swells, 50 degree water, and 45 degree air.
]]>According to reports, one of the Coast Guard officers said that the pipe hit Mr. Montgomery as a result of equipment failure. This underscores the need for all mariners to be prepared for emergencies, as well as to maintain equipment.
]]>A number of maritime regulations and safety organizations that exist to this day were created as a result of this international tragedy:
International Convention for the Safety of Life at Sea (SOLAS) and the International Ice Patrol
After TITANIC sank, the U.S. Navy, and later the U.S. Revenue Cutter Service, which evolved to become the U.S. Coast Guard, immediately began to patrol the waters of the North Atlantic Ocean. In late 1913, in London, the first SOLAS meeting was held, during which a number of safety and security regulations were instituted. At this time, the International Ice Patrol was created, which by now is comprised of over seventeen countries. The task of the Ice Patrol is to monitor and report the locations and movements of ice in the Arctic and North Atlantic. The U.S. Coast Guard operates the main Ice Patrol office in Connecticut, and a reconnaissance crew in Newfoundland. Each anniversary of the sinking of TITANIC, the Ice Patrol, along with the Coast Guard and other organizations, dedicates a wreath where TITANIC lies.
Lifeboats
With twenty lifeboats, TITANIC actually had more lifeboats than the legally required sixteen for a ship of her size. Unfortunately, those twenty lifeboats had space for around 1,100 individuals, whereas TITANIC had over 2,200 passengers and crew on board. Also, the crew had not been trained in the use of the lifeboats, and some of these lifeboats were not in easily or quickly accessible locations. After this disaster, British and American authorities, during the SOLAS meeting, agreed that ships would carry lifeboats enough for everyone on board and that there would be lifeboat inspections and drills.
24-Hour Radio Monitoring
An inquiry found that SS CALIFORNIAN had been close enough to see TITANIC shooting rockets, but had dismissed these distress signals as possible celebrations or communication with another ship. Also, the one wireless operator aboard CALIFORNIAN was off-duty, so they never received the distress signal (RMS CARPATHIA received it and sped to the area, but they were farther away.) The failure of CALIFORNIAN resulted in hours of lost time and unsaved lives. Consequently, the Radio Act of 1912 became federal law. This law included specifications that rockets fired at sea must be construed as a distress signal, and answered accordingly. It also specified that passenger ships would keep 24-hour radio communication complete with back-up power, and that these ships would keep in contact with the shoreline radio stations and vessels in their locale. Currently, all vessels are expected to monitor distress frequencies at all times; thus, many lives are saved by nearby "Good Samaritan" vessels.
Updating Ship Designs
Soon after the TITANIC sank, ships that originally had only a double bottom were retrofitted with a double hull extending above the load line, and bulkheads were extended higher for added safety. Likewise, new standards in ship building were instituted.
As we commemorate the unspeakable losses suffered that night one hundred years ago on TITANIC, we also gratefully remember the many ways in which that tragedy generated the creation and implementation of safety standards that have saved lives ever since.
]]>Immediately, the Coast Guard deployed a helicopter, a cutter, and a motor life boat, and the Air National Guard deployed two Black Hawk helicopters. Within hours, rescuers recovered three survivors, Nick Vos, Brian Chong, and James Bradford, and one deceased person, Marc Kasanin, and the search began for the four missing crewmembers. The search covered over 5,000 square miles and continued by air and sea until the difficult decision to call of the search was made just after 8:00 p.m. Sunday night. According to local reports, the four who remain missing are Alexis Busch, Jordan Fromm, Alan Cahill, all out of the Bay Area, and Elmer Morrissey of Ireland.
The master of LOW SPEED CHASE, James Bradford, reported that the vessel had been struck by a series of large waves that caused the vessel to roll numerous times. Otherwise, the conditions were considered normal with ten foot seas and 25 knot winds. Crew members fell into the sea and LOW SPEED CHASE grounded on rocks, where it remains in one piece. It is not yet known whether she is seaworthy for towing or will have to be salvaged.
]]>As reported in our March 12 blog, F/V LADY CECELIA and her crew of three and a NOAA fisheries observer disappeared at sea on March 10, apparently while returning to port with a full load of catch, leaving behind no more than a debris field and an intact, empty life raft. Missing are Dave Nichols and Jason Bjaranson of Warrenton, OR, Luke Jensen of Ilwaco, WA, and Chris Langel of Kaukauna, WI.
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