By Bryan Manabat
[email protected]
Variety News Staff
THE wife of MV Mariana captain Frederick L. Nosek Jr. has petitioned the CNMI Superior Court to declare him dead and appoint her as administratrix, becoming the third family to seek a presumption of death for a crew member missing since the vessel capsized during Super Typhoon Sinlaku. The filing comes as the ship’s owners pursue a federal action in Guam seeking exoneration from or limitation of liability.
The petition was filed by Kyung Ok Nosek, who is represented by attorney Robert T. Torres. She is seeking a judicial declaration under 8 CMC § 2106(c), arguing that her husband and five other crew members “went missing after being exposed to peril during the calamity of Typhoon Sinlaku” on or about April 16 and have not been heard from since.
The filing identifies Nosek’s heirs as his spouse, Kyung Ok Nosek, and their daughter, Naomi Nosek, who resides in Seattle, Washington.
According to the petition, the U.S. Coast Guard located the capsized vessel on April 18 northwest of Saipan and recovered one deceased crew member who was not the captain. No survivors were found. After a 10-day search, the Coast Guard suspended operations on April 28. The overturned vessel later drifted and was lost again and has not been located since.
The petition notes that no government agency has issued a formal declaration of death for any of the missing crew but argues that the circumstances meet the statutory standard: prolonged absence, exposure to a specific peril of death, and an unsuccessful search despite significant efforts.
Nosek’s filing also references the MV Mariana owners’ complaint in the U.S. District Court of Guam, submitted May 26 by Tutor Micronesia Construction LLC and Black Micro Corporation. In that case, the owners assert the vessel was seaworthy, that they exercised due diligence, and that the capsizing “was not caused or contributed to by any fault, neglect, or unseaworthiness on the part of the vessel, plaintiffs, or anyone for whom plaintiffs are responsible.”
The federal complaint acknowledges that “no survivors were found and only one deceased crew member was located and recovered,” and that the remaining crew “remain missing” after the vessel overturned. The owners are seeking exoneration or, alternatively, limitation of liability under 46 U.S.C. § 30511, and have proposed a limitation fund of $226,800 based on the vessel’s gross tonnage.
Nosek’s petition argues that the owners’ federal filing reinforces the factual basis for a presumption of death.
If granted, the court’s order would allow Kyung Ok Nosek to administer her husband’s estate, manage property, and represent the estate in any civil or maritime claims.
Two other families of missing crew members have already filed similar petitions, reflecting the growing legal and emotional aftermath of the MV Mariana tragedy. Earlier, the girlfriend of missing crew member Landon Delos Reyes and the mother of missing crew member Vincent Agulto filed their own probate and presumption-of-death petitions. Presiding Judge Joseph N. Camacho has set a June 30 evidentiary hearing for Agulto’s petition.
Super Typhoon Sinlaku, a Category 5 storm with sustained winds of 180 mph, struck the Northern Mariana Islands in mid-April, causing catastrophic damage across Saipan and Tinian. The MV Mariana departed Saipan on April 11 to avoid the storm under U.S. Coast Guard heavy-weather guidance but later lost propulsion and communications before capsizing.
The CNMI Superior Court has not yet set hearings on Nosek’s petition.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
