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Fishing Vessel Safety Act: When Is a Ship Too Dangerous To Be At Sea?

Posted by: rzehl
September 10, 2009
Topic: General Maritime Claims

According to the United States Coast Guard, there are several hazardous conditions that, if discovered by a boarding officer, are grounds to force a fishing vessel owner or operator to take remedial steps to ensure the safety of the crew. This can even include directing the operator to moor the ship until the condition is remedied or some other specific course of action is taken. These especially hazardous conditions include:

•· A lack of sufficient life-saving equipment for the crew. This includes Personal Flotation Devices (PFD's) and immersion suits. Also, there must be sufficient survival craft capacity for the entire vessel.

•· A malfunctioning or inoperable Emergency Position Indicating Radio Beacon (EPIRB) or other radio communications equipment that is not functioning properly. At least one means of communicating distress must be present and operable onboard any given vessel. If both are required, at least one must be operable to avoid a premature end to the voyage.

•· A lack of sufficient firefighting equipment. This includes firefighting equipment that is present but inoperable.

•· The presence of excessive amounts of volatile fuel or vapors in bilges. This could potentially result in a catastrophic explosion.

•· A bilge system that is inoperable or malfunctioning in some way.

•· The presence of an intoxicated shipmaster acting in charge of the crew. An individual in charge of a fishing vessel is considered to be intoxicated when his blood alcohol concentration reaches 0.4 percent or the intoxicant causes visible changes in his manner, disposition, muscular movement, speech, general appearance or behavior.

•· A lack of adequate or operable navigation lights onboard the ship. These lights are essential for navigating during periods of reduced visibility.

•· A lack of watertight closures or closures that are inoperable.

•· The presence of any flooding or uncontrolled leakage in any space onboard the vessel.

•· The lack of a current certificate of class for a vessel that processes fish, as required by law.

•· The lack of a Load Line Certificate issued by the American Bureau of Shipping or some other similarly qualified organization.

The presence of any one of these hazardous conditions onboard your vessel is enough to put your life in considerable danger. While offshore work is often extremely rewarding, it is also notoriously full of peril. The last thing you need is for your supervisor to negligently contribute in any way to making your working conditions any more dangerous. If you or a loved one has been injured offshore due to the negligence of your supervisor, contact the experienced maritime attorneys at the law firm of Fitts Zehl by phone at (866) 586-8988 or by email at info@gulfcoastmaritimelawyer.com.

        


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Principal office located in Houston, Texas. Ryan Zehl is the attorney responsible for the content of this site.