Sexual Harassment on Maine Fishing Boats and Lobstering Vessels: Maritime Law Intersections

Stepping aboard a commercial lobster boat in Stonington, a groundfish trawler out of Portland, or a scallop vessel in Rockland or Jonesport means entering a workplace unlike any corporate office on land. Miles offshore in the Gulf of Maine, there is no Human Resources department down the hall, no safe exit at the end of a shift, and a rigid hierarchy where the vessel captain exercises near-total control over safety, berthing, and pay shares.

When sexual harassment, coercion, or assault occurs on the water, sternmen and deckhands often feel trapped by industry tight-lipped norms and confusing legal rules. In reality, Maine commercial fishing crews are protected by a powerful intersection of federal admiralty law, mandatory U.S. Coast Guard reporting statutes, and Maine state civil rights laws. Connecting with an experienced maritime and employment lawyer from our directory can help you protect your livelihood and hold vessel owners accountable.

Jurisdictional Issues (State vs. Maritime Law)

Sexual harassment aboard a Maine fishing boat sits at the crossroads of state employment statutes and federal maritime jurisdiction. Where the harassment occurred-and how the crew member is classified-determines which laws apply:

• Maine Territorial Waters and the MHRA: Maine's state jurisdiction extends three nautical miles from the coastline, and Maine ports govern employment relationships based in the state. Under the 5 M.R.S. § 4572 and 5 M.R.S. § 4553, unlike federal Title VII (which requires 15 employees), every Maine employer with 1 or more employees is covered. Even a small lobster boat with a captain and a single sternman can trigger state liability if an employment relationship exists.
• The 'Independent Contractor' Sternman Myth: Many Maine lobster captains pay sternmen a percentage 'share' of the catch and issue an IRS Form 1099, claiming the sternman is an independent contractor with no workplace rights. However, under both federal maritime law and Maine legal standards, labels do not control. If the captain controls when the boat leaves the harbor, where traps are hauled, and how gear is worked, the sternman is legally a 'seaman' under federal admiralty law and frequently qualifies as a protected worker under state law.
• Federal Admiralty and the Jones Act: Regardless of whether a vessel is inside Casco Bay or 40 miles offshore in federal waters, any crew member who contributes to the function or mission of a vessel in navigation is protected as a seaman under the 46 U.S.C. § 30104 and general maritime law.

Harassment by Captains vs. Deckhands

Maritime law and Maine civil rights law evaluate vessel owner liability differently depending on whether the perpetrator is the boat's captain (master) or a fellow deckhand:

When a captain or vessel owner commits sexual harassment or demands sexual favors in exchange for keeping a berth on the boat or receiving a full crew share, the vessel owner faces direct liability. In Nadeau v. Rainbow Rugs, Inc., 675 A.2d 973 (ME Supreme Judicial Court 1996), the Maine Supreme Judicial Court confirmed that when a top company official with no higher on-site supervisor commits severe harassment, the employer is directly aware and liable. Under general maritime law, a predatory or abusive captain also breaches the vessel owner's absolute, non-delegable duty to provide a seaworthy vessel-because a crew member with a wicked or dangerous disposition renders the vessel itself legally unseaworthy.

When the harassment comes from a fellow deckhand or sternman, the vessel owner or captain is liable under the 46 U.S.C. § 30104 if they knew or should have known of the crew member's dangerous or harassing behavior and failed to provide a reasonably safe place to work. Similarly, under Maine law as established in Watt v. UniFirst Corp., 969 A.2d 897 (ME Supreme Judicial Court 2009), an employer is liable for coworker sexual harassment if management knew or should have known of the conduct and failed to take immediate and appropriate corrective action.

Reporting Abuse While at Sea

Reporting sexual harassment or assault while miles from shore on a working boat requires prioritizing physical safety first. If a crew member is in immediate physical danger or experiences a sexual assault at sea, they can hail the U.S. Coast Guard directly on VHF Marine Radio Channel 16 (156.8 MHz), trigger a satellite communicator, or contact the U.S. Coast Guard Sector Northern New England, South Portland command center.

Under the federal 46 U.S.C. § 10104, the master, owner, or managing operator of any U.S.-flagged commercial vessel is legally required to immediately report any complaint or incident of sexual harassment or sexual assault to the U.S. Coast Guard Commandant by the fastest telecommunication channel available. A vessel owner or captain who knowingly fails to report an incident faces federal civil penalties of up to $25,000 plus $500 per day of noncompliance (up to $50,000 per violation), and the Coast Guard can suspend or revoke the perpetrator's Merchant Mariner Credential (MMC). Crew members and bystanders can also report confidentially using the Coast Guard Investigative Service (CGIS) TIPS app or by emailing [email protected].

Furthermore, the 46 U.S.C. § 2114 strictly prohibits any vessel owner or captain from firing, blacklisting, or discriminating against a seaman who reports sexual harassment or sexual assault in good faith to the Coast Guard or vessel owner, or who refuses to perform duties due to a reasonable apprehension of serious injury.

Step-by-Step Process in Maine for Reporting Vessel Sexual Harassment

Whether your boat hails from Portland, Rockland, Stonington, Boothbay Harbor, or Lubec, taking structured steps after experiencing harassment on the water protects both your physical safety and your legal claims.

Step 1: Secure Your Immediate Physical Safety and Disembark

If you face imminent physical harm or assault at sea, use VHF Channel 16 or call 911 as soon as cell service is in range to request an escort from the U.S. Coast Guard Sector Northern New England, South Portland or Maine Marine Patrol. Once the vessel docks, leave the boat immediately and seek any necessary medical evaluation-under maritime Maintenance and Cure rules, the vessel owner is obligated to pay for medical or psychological treatment arising from service on the ship.

Step 2: Document Vessel Details, Coordinates, and Communications

Write down the exact vessel name, official Coast Guard documentation number or Maine state hull number, the date and time of each incident, the approximate geographic coordinates or fishing grounds, and the names of all crew aboard. Save all text messages, VHF call logs, catch-share settlement sheets, and Venmo or check payment records proving your service on the boat.

Step 3: File a Coast Guard SASH Report

Report the sexual harassment or assault directly to the U.S. Coast Guard Investigative Service via the CGIS TIPS app, by emailing [email protected], or by contacting the command center at U.S. Coast Guard Sector Northern New England, South Portland (259 High Street, South Portland, ME 04106). If physical or psychological injury occurred, a marine casualty report may also be logged using Form CG-2692, FED, U.S. Coast Guard, Report of Marine Casualty, Commercial Diving Casualty, or OCS-Related Casualty.

Step 4: Consult a Maritime and Maine Employment Lawyer

Maritime sexual harassment claims involve complex rules-such as the 'zone of danger' test for negligent infliction of emotional distress established in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (US Supreme Court 1994), which requires showing either physical impact or an immediate risk of physical harm. Speaking with a specialized attorney from our directory ensures your claim is framed properly under both admiralty and Maine state law.

Step 5: File Administrative Charges Within Statutory Windows

To preserve state discrimination remedies, file Form MHRC-1, Maine, Maine Human Rights Commission, Employment Discrimination Intake Questionnaire with the Maine Human Rights Commission, Augusta within 300 days. If you were fired or blacklisted at the dock for reporting abuse, file a retaliation complaint under 46 U.S.C. § 2114 with OSHA within 180 days.

Step 6: File a Civil Action in Federal Admiralty or Maine Superior Court

Your attorney can initiate a federal maritime lawsuit using Form JS-44, FED, U.S. District Court, Civil Cover Sheet in the U.S. District Court for the District of Maine, Portland or the U.S. District Court for the District of Maine, Bangor, or file in state court such as the Knox County Superior Court, Rockland, the Hancock County Superior Court, Ellsworth, or the Cumberland County Superior Court, Portland.

How Much Does it Cost in Maine?

Crew members rarely pay out-of-pocket fees to pursue maritime sexual harassment claims:

• USCG, OSHA, and MHRC Reports: $0. There is no fee to report sexual misconduct to the Coast Guard, OSHA, or the Maine Human Rights Commission, Augusta.
• Court Filing Fees: Filing a federal civil complaint in the U.S. District Court for the District of Maine, Portland costs $405 (though under federal statute, seamen can often file suits for wages or safety without prepaying fees), while filing in Maine Superior Court costs $175.
• Maritime Lawyer Fees: Jones Act and maritime sexual harassment attorneys almost universally work on a contingency fee basis (33% to 40%), advancing all litigation and expert costs until a settlement or verdict is won.

How Long Does the Process Take?

Maritime and state claims operate on distinct timelines:

• Immediate USCG Action: Under 46 U.S.C. § 10104, vessel owners must report incidents immediately, and CGIS investigators typically open contact within days of receiving a report.
• State and Whistleblower Deadlines: OSHA retaliation claims under the Seaman's Protection Act must be filed within 180 days, and MHRC complaints must be filed within 300 days.
• 3-Year Maritime Statute of Limitations: Under 46 U.S.C. § 30106, civil lawsuits for maritime torts, unseaworthiness, and Jones Act negligence must be filed within 3 years from the date the cause of action arose. Federal maritime litigation in Maine typically resolves in 12 to 24 months.

Frequently Asked Questions (FAQ)