Blog Post


NTSB RECOMMENDS REPLACEMENT VESSELS FOR ALASKAS AGING HEAD AND GUT FLEET

Posted by: James M. Beard
December 10, 2009
Topic: Marine Safety

The National Transportation and Safety Board has recommended regulations to permit replacement of aging Alaska head and gut fishing vessels. In 2007, the National Marine Fisheries published a rule implementing Amendment 80 to the ground fishery management plan for the Bering Sea and Aleutian Islands. Amendment 80 identified and limited the number of vessels that would be eligible to fish for certain species of ground fish. The vessels identified as eligible to fish in part 679 of the regulation were:

Alaska Juris

Alaska Ranger

Alaska Spirit

Alaska Voyager

Alaska Victory

Alaska Warrior

Alliance

American No. 1

Arctic Rose

Arica

Bering Enterprise

Cape Horn

Constellation

Defender

Enterprise

Golden Fleece

Harvester Enterprise

Legacy

Ocean Peace

Ocean Alaska

Prosperity

Rebecca Irene

Seafisher

Seafreeze Alaska

Tremont

U.S. Intrepid

Unimak

Vaerdal

In making the recommendation to permit replacement vessel's in the Amendment 80 fleet, the NTSB cited their investigation into the sinking of the Alaska Ranger. The NTSB noted that the ARCTIC ROSE had also sunk with a loss of life of 15 people. Of the 21 active Amendment 80 vessels, the NTSB stated that the average age of the vessel is 30 years and yet the regulations provide for no means of replacement of the vessels. The recommendation notes: "As the regulations are currently written, vessel operators must continue to run older, less-safe vessels until they either sink or are no longer eligible to fish. If an existing fish processing vessel were replaced by one built after July 27, 1990, the new vessel would be inherently safer because it would have to be inspected and certified by a classification society and be periodically reinspected."

The NTSB strongly worded letter criticized NMFS policy, stating: "NMFS' decision to permit vessels to be replaced only if they are lost or deemed ineligible to fish runs contrary to the interest of safety. Replacing a vessel after it sunk is too late."

Implicit in NTSB's reasoning is the theory that fishing vessel owners will neglect to make necessary repairs to an aging vessel. Replacement of aging and dangerous vessels are necessary. However, until safety concerns are placed over profits, fishing vessels will continue to sink and lives will continue to be lost. The focus of safety has for too long been survivability from a vessel sinking; the future focus must instead be placed on preventing the causes fishing vessel sinking.

Beard Stacey & Jacobsen represented the families of fishermen lost in Alaska fishing vessel sinking of the Alaska Ranger, Arctic Rose, Aleutian Enterprise, Katmai, Galaxy, Amber Dawn, Pace Setter, Galaxy, Vestfjord, Katmai, Pacific Apollo, and Lin J. While Beard Stacey & Jacobsen supports the NTSB's recommendation for Amendment 80 replacement vessels, the firm which represents injured fisherman is critical of the NTSB's lack of criticism of the Fishing Company of Alaska's safety procedures and maintenance of the Alaska Ranger. The NTSB's report into the sinking of the Alaska Ranger found the cause of the sinking of the vessel to have been progressive down flooding caused by a piercing of the vessel's hold likely caused by the physical loss of the rudder. After months of investigation into the sinking of the Alaska Ranger, the NTSB's sole corrective action recommendation to the owners of the vessel was to implement a stricter on board drug and alcohol policy. Vessel safety must always start with the vessel owners. The NTSB's failure to make specific safety recommendations to the owners of the Alaska Ranger was a failed opportunity to improve fishing vessel safety. The Coast Guard Casualty Report into the sinking of the Alaska Ranger has not yet been published.