The Virgin Islands Daily News reports that a U.S. Virgin Islands boat captain charged with causing the death of a woman killed while parasailing has been sentenced to 6-months of house arrest. The captain was also order to serve 1-year of supervised release, pay $1.4 million in restitution (along with the parasailing company) to the victims and perform 150 community service hours with the U.S. Coast Guard.
Police report that the captain took Bernice Kraftcheck and her daughter on a parasailing tour in 2011 amid heavy winds. The tow line broke, causing the women to fall into the water. The women were still reportedly attached to the parasail, killing Kraftcheck and seriously injuring her daughter. The captain pleaded guilty to operating the boat in a negligent manner and the parasailing company pleaded no contest to misconduct or neglect of a ship owner.
A complete copy of the article can be found here => Virgin Islands Daily News.
The new U.S. Coast Guard Captain of the Port for the Seventh District also stated in comments at a recent Propeller Club event, sponsored by Chalos & Co, P.C. that he was concerned at the safety of parasailing activities. He advised that it was an issue that the U.S. Coast Guard is carefully watching.
If you are interested in reaching me, you may do so by contacting me at mov@chaloslaw.com.
Maritime Law-Crewmember Brawl Leads to $2.5 Million Verdict Against Celebrity
Recently, a jury delivered a $2.5 million verdict against Celebrity Cruise Lines for the injury to a crewmember resulting from a brawl aboard the CELEBRITY CENTURY while she was on a European cruise and the incident occurred while the ship was off the coast of Spain. According to a Daily Business Review report dated September 16, 2013, the jury took 2½ hours to determine the award of $1.75 million in compensatory damages, $350,625 for medical expenses and $395,400 for lost wages.
The plaintiff claimed a fellow crewmember, the linen keeper onboard, got upset and started abusing him verbally and physically when he asked for sheets and towels. News has reported that the plaintiff was a cabin steward and much of his pay came from tips and thus, sheets and towels were necessary for the performance of his job. The injured crewmember claimed that his fellow crewmember threw him onto a trolley, fracturing his right leg. Reportedly, there were never enough towels to go around the vessel, so the attendants fight to get them. The aggressor was reportedly 6-foot-6 and 280 pounds, against the 5-foot-4, 140 pound plaintiff. Plaintiff's counsel reportedly stated "It was like Shaquille O'Neal throwing a jockey down on the ground"
As a result of his injuries, the plaintiff alleged negligence, unseaworthiness, failure to provide maintenance and cure, and failure to treat. The causes of action arose under the Jones Act, Seaman's Wage Act and the General Maritime Law of the United States. The plaintiff had surgery the next day after the ship reached port, where plates and screws were reportedly implanted into his right leg. The plaintiff was then reportedly sent home to Goa, India, with no compensation as required by law.
Pretrial sanctions struck defense pleadings for an alleged discovery violation involving the scheduling of depositions. Thus, this trial was held on damages only. As a result, the defense has already announced it will pursue an appeal of this decision, as the pretrial sanction put the defendant at an unfair disadvantage.
If you are interested in reaching me, you may do so by writing to me at mov@chaloslaw.com.
New FMC Requirements for Foreign NVOCCs
The Federal Maritime Commission ("FMC") has issued a new rule advising that foreign-based NVOCCs may utilize Negotiated Rate Arrangements ("NRAs") in lieu of published rates in their tariffs. In order to take advantage of the NRAs, a foreign-based, registered NVOCC must comply with the new registration requirements by October 17, 2013. Most importantly, regardless of whether a foreign-based NVOCC plans to use NRAs, all foreign-based registered NVOCCs must renew their registration by October 17th.
To renew registration, foreign based registered NVOCCs must complete new Form FMC-65. FMC-65 requires the NVOCC to provide basic corporate information, designate an agent for service of process and includes a certification that the registrant will use a licensed ocean transportation intermediary ("OTI") for any OTI activities performed on its behalf in the United States. This is a new requirement under the law.
If you are interested in learning more about this ruling or would like assistance in submitting your registration to the FMC, please do not hesitate to contact me at mov@chaloslaw.com.
Maritime Law: Save Florida Keys Fishing!!!
Since I was away for vacation earlier this month, I am now trying to play "blogging catch-up". Apologies to my regular readers if you begin receiving too much content at one time--I cannot control when Blogger disseminates my postings after they are published.
However, there is one very important development that has occurred while I was away and is near and dear to all of us that fish the beautiful waters of the Florida Keys. A reportedly "anti-fishing" group called Ecosystem Protection Working Group ("EPWG") have made recommendations to increase the areas of the Florida Keys that are protected from fishing. The Florida Keys National Marine Sanctuary ("FKNMS") is already one of the largest marine protected areas ("MPAs") in the country. The FKNMS MPA currently measures approximately 496 million square yards of ocean and reef.
EPWG is recommending that authorities expand the MPA by another 310 million square yards of ocean and reef. This would effectively close fishing from the Marquesas past the reef, Sand Key and Rock Key Reefs, almost every reef south of Key West and the entire outer bar past Western Dry Rocks to Eastern Dry Rocks. If this expanded MPA is implemented, this would effectively "lock out" over 800 million square yards of ocean and reef to fishing.
The EPWG map setting out the expanded MPA is provided below:
Map courtesy of Outdoor Alliance at http://outdoor-alliance.org/articles/petition-keys.
I have looked into this proposal by the EPWG and it would appear that the proposal is not backed up by scientific need determined by marine biologists. The article link above explains this in more detail and has helpful links to the copies of the various individual areas (Western Sambo, Tortugas, Carysfort Reef, Grassy Key, Conch Key, Sombrero Key, Tennessee Reef, Looe Key, Western Dry Rocks, Marquesas, Elbow Reef, Key Largo, Grecian Rocks, French Reef, Molasses Reef, Hen and Checkens (yes this is an area), Conch Reef, Davis Reef, Cheeca Rocks, Alligator Reef, Coffins Patch, Newfound Harbor, Eastern Dry Rocks, Rock Key, Sand Key, Snapper Ledge/Pickles Reef) proposed. You will see in the various charts provided by EPWG that the "justifications" listed to justify the expanded areas do not quote the scientific bases for these expanded MPAs. Thus, it can only be presumed that there is no scientific basis for these recommendations and this is merely an attempt to "grab" more MPA areas, to the detriment of the Florida Keys and those of us that love the Keys. I personally am willing to accept conservation, if there is science to back it up.
If you are interested in letting your voice be heard in this process, the Outdoor Alliance has provided a petition with a link. If you are interested in contacting me, you may do so at mov@chaloslaw.com.