Jones Act Maritime Lawyer : Houston Jones Act & Maritime Injury Lawyer & Attorney : Arnold & Itkin Law Firm : Offshore Injury, Maritime Law : Texas, Louisiana, Alabama, Mississippi, Florida

In Alaska, October means the start of the crabbing season. Consumers often take for granted the process gone through to place the delicacy on plates across the country, but the harsh conditions that affect the Bering Sea can present fishermen with an array of hazards not faced by those who work on boats in warmer waters. In an effort to reduce accidents, and possible subsequent legal claims, the Coast Guard has teamed up with personnel from the Alaska Department of Fish and Game to observe and inspect crabbing vessels and to offer additional safety training.

The Coast Guard has been deployed in the Aleutian Island chain off the southwest tip of the state and the Bering Sea in order to improve response time in the event of emergencies.

One aspect of the crab fishermen’s job that makes their profession particularly perilous is the location, as early-October temperatures through parts of the Aleutian Island chain have already dipped into the 40s (Fahrenheit), meaning seamen who fall overboard face the additional risk of hypothermia. Because of the frigid and rough seas, accidents are often more serious than those in warmer waters, increasing the risk of serious injury and death.

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A 60-year-old man who fell from a fishing vessel in the Gulf of Mexico about 20 miles off the coast of South Padre Island, Texas, remains missing. The Coast Guard, which received a mayday call from a crewmember on the Si Se Puede minutes before midnight last Saturday night, is searching for the missing man, who was the master of the boat.

An HH-65C helicopter rescue crew and an HU-25 Falcon jet from Air Station Corpus Christi and a 33-foot rescue boat from Station South Padre Island were dispatched to the location from which the call was placed. An 87-foot patrol boat, the Coast Guard Cutter Manatee, also joined the search.

If the accident results in a fatality, legal claims for compensation could be complicated by the fact that the missing seaman was reported to be without a life jacket. A maritime lawyer defending the shipowner could try to prove that the vessel had sufficient life jackets on board, thereby reducing or even nullifying a negligence claim.

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An incident occurred last Tuesday off the coast of Massachusetts that highlights the dangers of working in the maritime industry, and also reveals the complex legal issues that come into play when an accident occurs on the water.

Jaime Ortiz, 43, fell off a 39-foot lobster boat based in Gloucester, Mass., prompting an immediate search that included boats owned by local harbormasters, police and numerous local fishermen. Ortiz has not yet been found, and no official statement has been made about his chances of survival. Local officials said the search would continue.

One of the central issues surrounding the incident is the fact that Ortiz reportedly fell overboard “about three miles” off the coast. The three-mile distance from the U.S. shore is critical to the case, because it will help determine which law(s) apply if, in fact, Ortiz is lost at sea and his surviving family decides to file a claim seeking damages and/or future earnings.

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The United States Coast Guard successfully rescued a fisherman reportedly suffering from a stroke this past Sunday.

At approximately 10 p.m., a commercial fishing vessel contacted the Coast Guard and requested a medevac for a crew member needing immediate medical assistance. The vessel was cruising roughly four nautical miles southwest of Point Hueneme, California at the time of the incident.

A Coast Guard MH-65C Dolphin helicopter from Coast Guard Air Station Los Angeles patrolling the area was quickly dispatched to the scene and successfully retrieved the 62-year-old seaman. The victim was transferred in stable condition to Torrance Memorial Medical Center.

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A worker was killed in an industrial accident last Monday when the ten ton crane he was operating slid off the barge used to float the crane, causing the operator to plunge nearly 70 feet into Smith Mountain Lake. The incident occurred October 5, 2009, around 11:30 a.m.

Officials from the Franklin County Department of Public Safety identified the deceased as Roger Dale Goad, 55, of Henry County, VA. Goad had been employed for 34 years by Plyler Homes and Docks, who had been contracted to dismantle a private dock near a lake house. Both Goad and his son were working on the barge when the incident occurred.

"It's still under investigation, but somehow the crane came loose from the barge and sank into the lake," said department Capt. Patrick Meeks.

After nearly two hours in the water, rescue divers from the Lake Marine Volunteer Fire Rescue Department were able to locate and recover Goad’s body near the sunken crane.

Local police have initiated a full investigation into the accident. Plyler Homes and Docks stated they are working on a salvage plan to raise the sunken crane, which remains submerged in approximately 50 feet of water.

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Operators of Offshore Service Vessels (OSV) supporting the offshore energy production industry are awaiting changes to recent Jones Act rulings from U.S. Customs and Border Protection.

The Jones Act is a maritime law, which states (among other things) that only ships built in American shipyards and that are owned and crewed by Americans have the right to transport cargo between U.S. ports. Recently, U.S. Customs and Border Protection (CBP) approved waivers that allowed certain foreign vessels to transport and install oilfield equipment in U.S. waters. Last summer, CBP announced plans to modify 20 rulings in order to restore the original intent of the Jones Act, which is to protect the U.S. maritime industry from foreign competition.

The CBP said it recognized the fact that “allowing foreign-flagged vessels to transport merchandise from one U.S. point and install that merchandise at another point on the condition that it merely be accomplished on or from that vessel would be contrary to the legislative intent” of the Jones Act.

Under the modified rulings, foreign vessels will still be able to install oilfield equipment, but they will no longer be allowed to transport the equipment from U.S. ports to the installation site. The previous rulings allowed foreign vessels to carry equipment to offshore oil and gas facilities as long as the same vessel installed it.

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