Perils of the seas

Going to sea in fishing vessels has always been a dangerous and difficult business;  however, recent cases have highlighted the fact that collisions and death at sea can occur not only as a result of negligence or unseamanlike behaviour but to quote a recent report as a result of "illegal, immoral and wholly unethical behaviour".

In the case of the "Etoile des Ondes" not only were the watch keeping team of a 47,000 tonne bulker the "Alam Pinter" keeping an appalling lookout but more importantly those on board failed to report the collision and denied knowledge of the incident to the authorities when subsequently questioned.  Indeed on arrival at Hamburg, documents and records were found to be falsified or destroyed.  Ashfords LLP acted for the owners and underwriters of the "Etoile des Ondes" and managed to settle a compensation claim for insured and uninsured losses swiftly; however, the death of one crew member, Chris Wadsworth, (only 21 years old) is something for which family can never be compensated.  Had proper actions been taken  immediately after the incident, there is a possibility that Chris Wadsworth's life might been saved.  

What is of even more concern is that the master of the "Alam Pinter" is unlikely to face legal action from the vessel's flag state Singapore.  A recent email to that city state's maritime and port authority states : "our investigations did not uncover any contravention by the master of any of our merchant shipping regulations".  This stunning observation has caused the UK shipping minister, Mike Penning to say that he was "shocked to learn of the circumstances surrounding the accident which raised serious questions about the conduct of the "Alan Pinter's" crew". It may be that the Devon & Cornwall police or indeed the MCA in UK will take action but for the flag state to indicate nothing of substance will occur in that jurisdiction is of great concern to the fishing industry and marine sector generally.

If the actions of those on board "Alam Pinter" could be seen in marked contrast to the bravery shown by many fishermen when instances happen at sea. For example when 3rd Mate James Grindy went overboard on the "MFV Koronbloem" whilst fishing in the English Channel in November 2009, two fellow crewmembers jumped overboard in appalling weather conditions and attempted to save his life. As a result, Mr Fellowes and Mr Kimble who acted bravely and without any thought of their own lives, are quite rightly, receiving the Merchant Navy Medal for courage at sea (the"MNM").

In addition to the dangers of going to sea, fishermen are also having to tackle the very considerable and difficult issues out of the erosion of their "right to fish" outside the 3 mile limit by the erection for example of numerous windpower farms (such as the "Atlantic Array" of the north coast of Devon), and the creation of special areas of conservation ("SAC"s) as is the case for example off the west coast of Wales where 70% of Cardigan Bay is currently a restricted area.  With MPA's and MPZ's a fisherman's lot in the current political and economic climate remains more challenging than it has ever been.

Charles Hattersley is a marine lawyer based in the Plymouth office of Ashfords LLP and can be contacted 24/7on either 01752 526039 or 07785 724215.

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