Marine Traffic

Tuesday, June 30, 2009

Murray, Larsen seeking federal money for ferries - SeattleTimes


Sen. Patty Murray and Congressmen Rick Larsen are seeking $200 million a year for five years in federal spending for ferry systems.

By The Associated Press
Sen. Patty Murray and Congressmen Rick Larsen are seeking $200 million a year for five years in federal spending for ferry systems.

Half would go to big ferry systems — and Washington has the nation's largest. The U.S. Transportation Department would distribute the rest.

The Washington state ferry system has 22 vessels carrying nearly 23 million riders a year to 20 terminals. State ferries director David Mosely says the maritime highways deserve federal support like roads, bridges and rail.

Murray says the federal government should see the ferry system as a transportation priority.


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Citizens' ferry board in formation; panel would advise state commission - Peninsula Daily News

By Jeff Chew
Peninsula Daily News


PORT TOWNSEND -- Washington State Transportation Commission members are in the process of forming a citizen-based advisory panel that will review and advise them on Washington State Ferries fare proposals and pricing policy.

"The feeling was that there needed to be some public or ferry advisory committee input into it," said Tim Caldwell, chairman of the Jefferson County Ferry Advisory Committee and a longtime advocate for both car and passenger ferry to Port Townsend and the county.

A 2.5 percent fare increase was approved by the commission in 2007, down from the original 4 percent proposed.

The purpose of the 10-member Ferry Fare and Pricing Policy Advisory Committee would be to review Washington State Ferries proposed tariff changes or modifications.


Advise commission

The panel would advise the commission "as to their viability, feasibility and impact on the community or riding public to assist the commission in its decision-making process," according to a draft of the plan to form the advisory committee.

The advisory committee would meet monthly.

As proposed, ferry advisory committee representatives would be appointed to the fares review committee, with eight ferry advisory committee members from Port Townsend, San Juan Island, Clinton, Kingston, Bainbridge, Bremerton, Southworth and Vashon Island.

The fares and policy advisory committee would report its findings to the Transportation Commission, said David Moseley, assistant transportation secretary for ferries and the governor's office.


Began process in May

The transportation commission chose to begin the process of forming the fares and policy panel during a May 21 meeting in Olympia.

"Some legislators have indicated that there is a perception that local elected officials do not participate in Washington State Ferries issues," the draft proposal states.

"The fact that the elected officials appoint qualified personnel they feel represent the community interests and communicate with them regularly should mitigate that concern."


Other members

Besides Caldwell, appointed members to the Jefferson County Ferry Advisory Committee are residents Tim Snider and Tom Thiersch and city Planning Director Rick Sepler.

Jefferson County commissioners made the appointments.

________

Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@ peninsuladailynews.com.


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Sunday, June 28, 2009

MARITIME: SUPREME COURT 5-4 ALLOWS PUNITIVE DAMAGES FOR SEAMEN REFUSED
MAINTENANCE AND CURE
Splitting 5-4, the U.S. Supreme Court held June 25 that injured seamen may
seek punitive damages when their employer willfully fails to pay them for
maintenance--food and lodging--and cure--medical care (Atlantic Sounding Co. v.
Townsend, U.S., No. 08-214, 6/25/09).

Writing for the court majority, Justice Clarence Thomas found that punitive
damages have long been an accepted remedy for common law claims under general
maritime law, including claims for maintenance and cure. He rejected the
argument of Atlantic Sounding Co., the owner of a tugboat on which crew member
Edgar Townsend was injured, that the Jones Act, enacted in 1920, eliminated the
availability of punitive damages.

The Jones Act "created a statutory cause of action for negligence, but it
did not eliminate pre-existing remedies available to seamen for the separate
common-law cause of action based on a seaman's right to maintenance and cure,"
Thomas said. He found that the Jones Act created an alternative statutory claim
for seamen and did not affect existing common law claims and remedies.

Thomas also rejected Atlantic Sounding's argument that the court's prior
means that seamen are limited to remedies that are available under the Jones
Act, which courts have held does not allow for punitive damages. Miles
addressed "whether general maritime law should provide a cause of action for
wrongful death based on unseaworthiness," a claim that was not available before
the Jones Act, Thomas said. He found that unlike in Miles, in the present
case "both the general maritime cause of action (maintenance and cure) and the
remedy (punitive damages) were well established before the passage of the Jones
Act."

Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and
Stephen Breyer joined in the majority opinion. Justice Samuel A. Alito wrote
the dissenting opinion, which Chief Justice John G. Roberts and Justices
Antonin Scalia and Anthony M. Kennedy joined.

Alito asserted that Miles "provided a workable framework for analyzing the
relief available on claims under general maritime law" and objected that the
majority "abruptly change[d] course." Miles "instructs that, in exercising our
authority to develop general maritime law, we should be guided primarily by the
policy choices reflected in statutes creating closely related claims," Alito
said. He maintained that "if a form of relief is not available on a statutory
claim, we should be reluctant to permit such relief on a similar claim brought
under general maritime law."

The Supreme Court long has recognized that punitive damages are not
available under the Federal Employers Liability Act, Alito said. By
incorporating FELA into the Jones Act, Congress "must have intended to
incorporate FELA's limitation on damages as well," Alito said. He asserted that
under Miles "the rule should be the same when a seaman sues under general
maritime law for personal injury resulting from the denial of maintenance and
cure."

Sailors' Union Attorney Applauds Ruling.

John R. Hillsman of McGuinn, Hillsman & Palefsky in San Francisco
helped prepare an amicus brief filed in the case on behalf of the Sailors'
Union of the Pacific. He applauded the court's ruling, saying it resolves a 15-
year controversy, but said some courts also have used Miles to prohibit
punitive damages for unseaworthiness and negligence claims brought by seamen.
"We won the battle, but we haven't won the war yet," Hillsman said. He argued
that courts should apply the Atlantic Sounding decision to unseaworthiness
and negligence claims.

The lineup of justices in the majority--the conservative Thomas aligned with
the four justices who are considered liberals--is "remarkable," Hillsman said.
Thomas properly acknowledged that the Jones Act was intended to expand remedies
for injured seamen, not restrict them, Hillsman said.

Various attorneys who represented the parties or amici curiae did not return
calls for comment.

Injured While Working on Tugboat.

While working as a deck hand on a tugboat in the port of Miami, Townsend
fell on the steel deck and injured his arm and shoulder. Atlantic Sounding, the
owner of the tugboat, refused to provide maintenance and cure.

The owner filed suit seeking a declaratory judgment. Townsend filed a
separate suit under the Jones Act and general maritime law, alleging
negligence, unseaworthiness, willful failure to pay maintenance and cure, and
wrongful termination. He also brought similar counterclaims in the owner's suit
and sought punitive damages for willful denial of maintenance and cure.

The U.S. District Court for the Middle District of Florida consolidated the
cases and denied Atlantic Sounding's motion to dismiss the punitive damages
claim. Hearing an interlocutory appeal, the U.S. Court of Appeals for the
Eleventh Circuit held that punitive damages are available for willful
withholding of maintenance and cure (496 F.3d 1282, 28 IER Cases 611 (11th
Cir. 2007) ). Other federal appeals courts and some state courts had reached
the opposite result.

The Supreme Court granted review last November (213 DLR C-1, 11/4/08) and
heard oral argument in March (39 DLR AA-1, 3/3/09).

Punitive Damages Long Available Under Common Law.

"Punitive damages have long been an available remedy at common law for
wanton, willful, or outrageous conduct," Thomas said. He found that during the
colonial era under English common law, juries were given "broad discretion" to
award damages, including "punitive damages when the circumstances of the case
warranted" and that American courts have permitted punitive damages "in
appropriate cases since at least 1784."

"The general rule that punitive damages were available at common law
extended to claims arising under federal maritime law," Thomas said. He found
that punitive damages "were available in maritime actions for tortious acts of
a particularly egregious nature" and that "[n]othing in maritime law undermines
the applicability of this general rule in the maintenance and cure context."

The obligation under maritime law to provide maintenance and cure
"dates back centuries" and has been recognized by the Supreme Court, Thomas
said. He found that "the failure of a seaman's employers to provide him with
adequate medical care was the basis for awarding punitive damages in cases
decided as early as the 1800's." He concluded that "the pre-Jones Act evidence
indicates that punitive damages remain available" for maintenance and cure
claims "under the appropriate factual circumstances."

Congress enacted the Jones Act in 1920 to overrule a Supreme Court decision
holding that prohibited seamen or their families from recoveries for injuries
or death caused by employer negligence, Thomas said. The statute provides that
an injured seaman or a deceased seaman's personal representative "may elect to
bring a civil action" against the employer (46 U.S.C. Section 30104(a) ).
The Jones Act provision incorporates FELA, which covers injured railway
workers.

The Jones Act's use of the word "elect" shows that although the statute
created a statutory claim for negligence, the Jones Act did not eliminate
already existing common law claims, including maintenance and cure, Thomas
said. He found that "the only statutory restrictions expressly addressing
general maritime claims for maintenance and cure were enacted long after the
passage of the Jones Act." Congress limited the availability of maintenance and
cure claims for foreign workers on offshore oil and mineral production
facilities and for students and instructors at sailing schools, he said.

The Supreme Court consistently has recognized that the Jones Act was
intended to "enlarge" protection for seamen, "not to narrow it," Thomas said.
"Nothing in the text of the Jones Act or this Court's decisions issued in the
wake of its enactment undermines the continued existence of the common-law
cause of action providing recovery for the delayed or improper provision of
maintenance and cure," he said.

Miles Inapplicable to This Case, Thomas Says.

Atlantic Sounding also argued that the court's 1990 decision in Miles
limits remedies for injured seamen to those available under the Jones Act and
the Death on the High Seas Act. That interpretation of Miles "is far too
broad," Thomas said. He found that Miles did not address claims for maintenance
and cure or the availability of punitive damages for such claims and instead
addressed "the entirely different question whether general maritime law should
provide a cause of action for wrongful death based on unseaworthiness."

"By providing a remedy for wrongful death suffered on the high seas or in
territorial waters, the Jones Act and the DOHSA displaced a general maritime
rule that denied any recovery for wrongful death," Thomas said. He found that
the Supreme Court "was called upon in Miles to decide whether these new
statutes supported an expansion of the relief available under pre-existing
general maritime law to harmonize it with a cause of action created by
statute." The court recognized a general maritime claim for wrongful death of a
seaman but followed the example of the Jones Act and DOHSA by prohibiting
damages for loss of society and for lost future earnings, Thomas said.

"Unlike the situation presented in Miles, both the general maritime
cause of action (maintenance and cure) and the remedy (punitive damages) were
well established before the passage of the Jones Act," Thomas said. He also
found that because the Jones Act "does not address maintenance and cure or its
remedy," it is "possible to adhere to the traditional understanding of maritime
actions and remedies without abridging or violating the Jones Act."

Atlantic Sounding's "contention that Miles precludes any action or remedy
for personal injury beyond that made available under the Jones Act was directly
rejected" by the Supreme Court in Norfolk Shipbuilding & Drydock Corp. v.
Garris, 532 U.S. 811, 69 USLW 4410 (2001), Thomas said. He found that Garris
"recognized a maritime cause of action for wrongful death attributable to
negligence although neither the Jones Act (which applies only to seamen) nor
DOHSA (which does not cover territorial waters) provided such a remedy."

Thomas recognized that "the negligent denial of maintenance and cure may
also be the subject of a Jones Act claim" and that "seamen commonly seek to
recover under the Jones Act for the wrongful withholding of maintenance and
cure." But that "does not mean that the Jones Act provides the only remedy for
maintenance and cure claims," Thomas said. He found that the court in Cortes
seaman's right to choose among overlapping statutory and common-law remedies
for injuries sustained by the denial of maintenance and cure."

"The laudable quest for uniformity in admiralty does not require the
narrowing of available remedies to the lowest common denominator approved by
Congress for distinct causes of action," Thomas said.





Thursday, June 25, 2009

Waiting for a ferry at Orcas Island and pondering our incompetence - The Seattle Times

The threadbare Washington state ferry system is where a mechanical problem on one or, God forbid, several boats at the same time can render the entire schedule a work of fiction.


ORCAS FERRY LANDING — "Island Time." It's the logo on T-shirts and hats in a market near the ferry dock. "Island Time: Orcas Island," as if there's some degree of cache involved.

We've been sitting here, living on Island Time, waiting for a ride to Friday Harbor, for four hours. But who's counting?

About two hours after taking my place in line, in a car with Emjay and visiting friends from Colorado, the pointed questions began arriving from the back seat.

"Where is our ferry?" wondered Connor, with that impeccable logic every 5-year-old possesses.

"It's coming, buddy," said Dad, from behind the wheel. And it was coming. Just not anytime soon.

I grimaced and launched into The Explanation — the mea culpa I offer every guest who arrives in the Evergreen State and wonders why nothing seems to work around here.

"It's a long story," I always say. "We have a fascinating revenue system. Sales-tax driven, boom or bust. When it booms, we don't invest in infrastructure. When it busts, we don't invest in anything. We just close stuff down."

Exhibit A: The threadbare state ferry system, where a mechanical problem on one or, God forbid, several boats at the same time can render the entire schedule a work of fiction.

That's what happened this week, when the Barbie-sized ferry Hiyu — a proud little 42-year-old boat, but one that carries only 33 cars — replaced a broken-down 90-car vessel, the Sealth, as the "inter-island" ferry in the San Juans.

You will get no visible nor verbal warning about this switcheroo when you leave Anacortes — no indication that you'd better allow half a day to cover, say, the 5 minutes of open water between Shaw and Lopez. You'll find out soon enough.

Island Time! Just lay back and enjoy it.

When the Hiyu finally pulled away from Orcas Wednesday, well past its scheduled departure time, a ferry employee gave those of us stuck on the beach the grim news.



"We've reached our quota," she said, explaining the small-boat problem. "You can wait for the next boat [nearly four hours away, as it turned out], or you can come back tomorrow."

Tomorrow?

Someone asked her what seemed a logical question. When a run's capacity is reduced by two-thirds because of a breakdown, why can't the state just add a couple extra runs for the smaller boat? After all, we've already paid our money — more than $100 for a small car and five passengers to get from Anacortes to Friday Harbor via Orcas.

She looked at us like we were from a solar system far, far away, and sighed.

"The state," she said through a saccharin smile, "is pretty darn broke."

And there you have it. Washington: The No-We-Can't State. Broke and broken, no fix in sight.

It occurred to me at that instant that I rarely visit the San Juans anymore, and this trip reminded me why. It's just not worth it, either in terms of money or time. That ratio of three hours in ferry lines for every one hour relaxing tends to stick with you.

Who do you blame? Washington State Ferries. The governor. The Legislature. Maybe even yourself, if you've ever voted for a knee-jerk tax measure that pulls money directly away from transportation.

But it's not all about money. In a lifetime of ferry riding, I don't recall the system being a lot more efficient back before tax revolts. And what Washington State Ferries has, it doesn't use well. For the half a day we were marooned on Orcas, the ferry slip sat empty for hours. But on the two occasions when one boat actually used it, another magically appeared to wait in line behind it — in one case up to a half-hour — to slide in when it was finished.

Have these people not heard of two-way radios? The entire thing reeks of mismanagement.

And it's embarrassing.

We got in line to go to Friday Harbor before 4 p.m. on Wednesday. Got there right around 9. Big deal? Maybe not. But it's just one example of what seems an enduring trend in these parts. Believe it or not, some of us still have medium- to high expectations of our state government. And one of them is that it should not take five hours to move people from Orcas Island to Friday Harbor.

Island Time: A pleasant spin on gross incompetence.

Get used to it. And for any of you out there who think life is too short to be living it, two words of advice: Stay home.

Ron Judd: 206-464-8280 or at rjudd@seattletimes.com.


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Seattle foundation puts ferry up for sale on eBay


Seattle's Pacific Marine Foundation is offering the 72-year-old M/V Olympic, one of the state's first vehicle ferries, for $199,500 on eBay.

By Blythe Lawrence
Seattle Times staff
Anybody wanna buy a slightly used ferry?

Seattle's Pacific Marine Foundation is offering the 72-year-old M/V Olympic, one of the state's first vehicle ferries, for $199,500 on eBay.

What would a person do with it? Possibilities abound, said Rich Wallace, director of charters and sales for Pacific Marine. His ideas include turning the vessel into a floating hotel (a group in Stockholm recently did that with a ferry, he noted), using it as a base for a sport-fishing camp.

It also could be an expedition boat, or, for the wealthy or eccentric, a second home.

But whatever happens to the Olympic has to happen soon, Wallace said. The vessel is moored in Eagle Harbor next to the Bainbridge Island ferry terminal, but it will be evicted later this summer when construction begins on a harbor expansion.

The Olympic was built in Baltimore in 1937 and served Chesapeake Bay as the M/V Gov. Harry W. Nice before being bought by the Washington State Ferry System and re-christened Olympic in 1954.

The 207-foot vessel, which has a capacity of 605 passengers and 55 vehicles, served mainly on the Port Townsend-Keystone, Southpoint-Lofall and Clinton-Mukilteo circuits. It was retired in 1997.

In recent years, the Olympic has idled in Eagle Harbor, where it has become a fixture. There was some talk of keeping it in the harbor and converting it for use as offices or as a tourist attraction, but that would require long-term moorage, Wallace explained.

Not to mention money. Wallace estimated that whoever buys the Olympic will have to find financing for about $1 million in conversion work. Pacific Marine has advertised that it would be open to joint-venture offers.

If the Olympic is not sold before the beginning of August, the company will seek a new temporary home for it, closer to Tacoma or elsewhere on Puget Sound. Wallace just hopes to keep the vessel afloat.

"If we can't find someone to convert her and let her live, eventually she'll go to a scrap yard," Wallace said. "Not soon, I hope. Not ever, I hope."

Blythe Lawrence: blawrence@seattletimes.com

Added ebay listing site info

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Monday, June 22, 2009

Four aging Washington state ferries sold for scrap - Seattle Times


Washington state has sold all four of its aging "Steel Electric" ferries to a salvage operator for $200,000 — a fraction of what consultants said the boats were worth as scrap a year ago.

By Jack Broom
Seattle Times staff reporter
Washington state has sold all four of its aging "Steel Electric" ferries to a salvage operator for $200,000 — a fraction of what consultants said the boats were worth as scrap a year ago.

"Scrap steel prices plummeted and have never really recovered," said Marta Coursey, ferries spokeswoman.

State officials today announced that the Illahee, Klickitat, Nisqually and Quinault, which have been out of service since 2007, have been sold to Eco Planet Recycling of Chula Vista, Calif.

Coursey said the boats, all more than 80 years old, will be towed later this summer to Ensenada, Mexico, where they will be scrapped. All four are now moored at the ferry maintenance yard in Bainbridge Island's Eagle Harbor.

A year ago, two companies, Vigor Marine and Metro Metals Northwest, hired by the state to estimate the value of the boats, reported that scrap value of the vessels could be $450,000 to $475,000 apiece.

But Coursey said prices have dropped dramatically since then, due to a global downturn in construction. In addition, the state needed to complete a deal soon to move the boats before the fall weather sets in, she said.

The boats were pulled out of service because of corrosion and extensive hull damage.

Earlier this year, state officials were in discussion with a Tacoma company, Managing Green, which had proposed purchasing the boats for $650,000 and preserving them, possibly as floating businesses.

But Coursey said a deal was never reached with Managing Green, which had been unable to locate space to moor the boats.

The four sister ships, built in the San Francisco Bay Area in the 1920s, were sold to Puget Sound Navigation, also called the "Black Ball" line, in July 1940. In 1951, the state purchased the company's terminals and ferries and began operating the ferry system.

The boats' class name, "Steel Electric," came from the fact that the boats hulls are steel — an earlier class was "Wooden Electric" — and their diesel engines powered electric motors to propel the boats.


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355-ton ferries on Craigslist Vancouver

VANCOUVER, British Columbia, June 17 (UPI) -- Two used 355-ton ferry boats are for sale on the Craigslist Internet sales site by a western Canadian company whose services are being replaced by a bridge.
The two TransLink ships have traversing the Fraser River west of Vancouver, British Columbia, between Maple Ridge and Fort Langley every day since 1985, but a new six-lane bridge opened Tuesday making for a quicker trip, the Globe and Mail reported.

The Craigslist Vancouver site lists the ships as 155-feet long car and passenger ferries whose hulls and cabins are in very good condition.

The asking price is $1.1 million each, the report said.

Gary Harlow, broker at Harlow Marine International Inc., said he is also advertising the ships in more traditional ways, but thought the online posting would garner more attention.

"It gets conversation going and brings more people to the table," he said.

Harlow said it's not unusual for such ships to end up carrying freight or being turned into floating fishing lodges, the Globe said.


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