UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________

Nos. 22-3132 & 22-3228 _______________ In re Complaint of ADRIAN AVENA, as Owner, and AA COMMERCIAL, LLC, as Owner Pro Hac Vice, of the Fishing Vessel CONCH’RD, for Exoneration from or Limitation of Liability

KIMBERLY WOLFE, as Personal Representative of the Estate of Aaron Greenberg, and on behalf of K.G., over whom Kimberly Wolfe is the Appointed Co-Guardian, and who is the Surviving Minor Child of the Decedent, Aaron Greenberg

v. DANIEL J. AVENA; UNITED STATES OF AMERICA; CM HAMMAR AB; and REVERE SURVIVAL, INC.

Kimberly Wolfe, Appellant in No. 22-3132 Adrian Avena, and AA Commercial, Appellants in No. 22-3228 _______________

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 1:21-cv-00515) District Judge: Honorable Karen M. Williams _______________ Submitted Under Third Circuit L.A.R. 34.1(a): December 12, 2023 _______________

Before: BIBAS, PORTER, and FREEMAN Circuit Judges.

(Filed: February 6, 2024)

______________ Mary E. Reeves Reeves McEwing LLP 1004 S. Front Street Philadelphia, PA 19147 Counsel for Plaintiff-Appellants in No. 22-3228. Paul T. Hofmann Hofmann & Schweitzer LLP 1130 Route 202 South Suite A7 Raritan, NJ 08869 Counsel for Third-Party Appellant in No. 22-3132. Matthew R. Hyde United States Department of Justice Civil Division

2 Torts Branch Aviation, Space & Admiralty Litigation 175 N. Street NE Suite 8.103 Washington, DC 20002 Bradley J. Preamble United States Department of Justice Torts Branch, Civil Division P.O. Box 14271 Washington, DC 20044 Counsel for the United States of America. Jamele A. Hamad Marshall Dennehey Warner Coleman & Goggin Casualty Department 21st Floor 88 Pine Street Wall Street Plaza, 21st Floor New York, NY 10005 Counsel for Third-Party Appellee. Michael L. Testa Testa Heck Testa & White 424 W Landis Avenue Vineland, NJ 08360 Counsel for Third-Party Appellee. ______________

OPINION OF THE COURT ______________

3 PORTER, Circuit Judge.

Adrian Avena and Aaron Greenberg were fishing off the coast of New Jersey when their boat partially capsized. Tragically, Greenberg drowned before the U.S. Coast Guard or others arrived to their rescue. Greenberg’s estate (Estate), Avena, and AA Commercial, LLC, assert maritime tort claims against the United States. They allege that the Coast Guard acted negligently in carrying out a search-and-rescue mission, and they assert that the government has waived its sovereign immunity under the Suits in Admiralty Act (SAA). The District Court found that it lacked subject-matter jurisdiction because the United States was immune from suit, and it dismissed the case with prejudice. We will affirm.

I

Avena owned a commercial fishing vessel named the Conch’rd. Through his company AA Commercial, Avena used the Conch’rd to fish for conch. In December 2020, Avena and his hired deckhand, Greenberg, were fishing 12 miles off the coast of Cape May, New Jersey, when the Conch’rd partially capsized at about 1:30 p.m. Avena and Greenberg were thrown into the freezing waters.

Aboard the Conch’rd was an Emergency Position Indicating Radio Beacon (EPIRB)—a device that transmits messages to satellites connected to a search-and-rescue tracking network. Per federal mandate, fishing operators must register their EPIRB with the National Oceanic and Atmospheric Administration and state on their registration the owner and name of the vessel. 47 C.F.R. § 80.1061(e)–(f).