In 2009, the scallop trawler LADY MARY tragically sank off the coast of Cape May, N.J., resulting in the loss of six lives. A National Transportation Safety Board (NTSB) investigation revealed that structural modifications had been made to the vessel without consulting a naval architect, leading to serious stability issues. The crew was unaware of the importance of keeping the vessel watertight during severe weather, and the ship’s master failed to issue an effective Mayday call. These failings, among others, were key factors contributing to the disaster, according to federal safety officials.

The NTSB’s findings have prompted renewed attention to the safety regulations governing the U.S. commercial fishing industry, which experiences the highest fatality rate of any occupation in the country. In its report, the NTSB recommended new safety measures to improve the stability, watertight integrity, and crew training of fishing vessels, particularly those under 79 feet in length, which are lost at a higher rate according to the Coast Guard.

The LADY MARY Disaster and Its Lessons
The LADY MARY’s demise serves as a grim reminder of the dangers that come with ignoring proper vessel stability procedures. According to the NTSB report, the 71-foot vessel sank due to flooding through an open access hatch during 10- to 12-foot seas, a situation that could have been avoided if watertight protocols had been followed. Further exacerbating the situation was the lack of adequate safety training, leaving the crew unprepared to respond effectively to the unfolding emergency.

This tragedy is not isolated. Modifications made to vessels without proper analysis can drastically reduce their stability, making them more vulnerable in rough waters. For decades, the fishing industry has seen instances of vessels originally designed for other regions, like the Gulf of Mexico, being repurposed for more dangerous waters such as the North Pacific. These vessels, often only marginally stable before modification, become significantly more hazardous when alterations like additional weight or changes in hull configuration are made.

A particularly harrowing example involved a crabber traveling north from Seattle that capsized in calm water immediately after passing through the locks between Lake Washington and Puget Sound. These modifications, combined with the heavy deck cargo of crab pots, can turn a working vessel into a death trap.

Proposed Safety Regulations
The NTSB’s recent recommendations include several key measures to enhance the safety of vessels and their crews. Among these are new regulations on vessel stability assessments, improved standards for watertight integrity, and mandatory training for crew members in emergency protocols. The report also calls for ship owners to install recovery devices for rescuing crew members who fall overboard and requires crew members to wear flotation aids at all times while on deck.

NTSB Chair Deborah Hersman underscored the need for these regulations, pointing out that while there have been numerous laws passed to protect marine environments and fish populations, safety measures for commercial fishermen have lagged far behind. The Coast Guard, which is responsible for implementing new safety regulations, has acknowledged that some of the proposed changes could result in additional costs to vessel owners.

Despite the potential financial implications, many in the fishing industry are in favor of reforms that could save lives. Keith Laudeman, the owner of Cold Spring Fish & Supply Co. in Cape May, expressed support for any safety measures that might prevent future tragedies. “The cost is minor compared to saving a life,” Laudeman said. “We are in a dangerous line of business.”

Other Tragic Incidents Highlighting Vessel Stability Issues
The sinking of the LADY MARY is just one of many incidents where vessel modifications without proper safety assessments have led to catastrophe. A particularly tragic case involved the MISS LINDSAY, a seine fishing vessel that capsized in Bellingham Bay, Washington, claiming the lives of all aboard. Similar to the LADY MARY, the MISS LINDSAY had undergone modifications—specifically, lengthening and the addition of a net drum—without a stability analysis. These changes, combined with the weight of a full load of salmon, made the vessel unstable and led to its capsizing in calm, protected waters only a few miles from its home port.

The law firm of Anderson, Connell & Carey, which has a long history of representing maritime workers, retained stability experts in the MISS LINDSAY case to assess the vessel’s seaworthiness at the time of the incident. The investigation revealed that the modifications had severely compromised the boat’s stability, ultimately contributing to the tragic outcome.

Moving Forward
As the commercial fishing industry waits for the Coast Guard to implement the NTSB’s safety recommendations, there is widespread recognition that these changes are long overdue. The industry’s high fatality rate underscores the need for better regulation, especially in terms of vessel stability and crew safety. While some owners may be concerned about the financial burden of new regulations, the loss of life that can result from inadequate safety measures is incalculable.

The sinking of the LADY MARY and similar tragedies serve as stark reminders that more must be done to protect those who work in one of the world’s most dangerous industries. Improved regulations, better training, and greater awareness of the risks posed by vessel modifications could prevent future disasters and save lives.

For over three decades, BOATLAW, LLP has been dedicated to representing maritime workers, including merchant seamen, fishermen, and oil rig workers, who have suffered injury or loss at sea. The firm offers free consultations to help injured maritime workers and their families understand their rights. Reach out to them at 1-800-BOATLAW (262-8529) or visit www.boatlaw.com for more information.