The wife of MV Mariana captain Frederick L. Nosek Jr. has petitioned the CNMI Superior Court to declare him dead and appoint her as administrator, becoming the third family to seek a presumption of death for a missing crewman.
Kyung Ok Nosek, represented by attorney Robert T. Torres, filed the petition seeking a judicial declaration. She argues 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 petition identifies Nosek’s heirs as his spouse and their daughter, Naomi Nosek, who lives in Seattle.
According to the filing, 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 remains unlocated.
The petition noted 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, and an unsuccessful search despite significant effort.
Nosek’s filing also cites 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 their part. The complaint acknowledges that only one deceased crew member was recovered and that the remaining crew “remain missing.” The owners are seeking exoneration or limitation of liability, proposing a limitation fund of $226,800 based on the vessel’s gross tonnage.
The Mariana captain's wife's petition argues that the owners’ federal filing reinforces the factual basis for a presumption of death.
A court order would allow Kyung Ok Nosek to administer her husband’s estate, manage property, and represent the estate in any civil or maritime claims.
Her petition follows two earlier filings by families of missing crew members. The girlfriend of Landon Delos Reyes and the mother of Vincent Agulto have already petitioned the court for Letters of Administration and a declaration of death.
Super Typhoon Sinlaku struck the Northern Mariana Islands in mid‑April, causing catastrophic damage across Saipan and Tinian. The MV Mariana departed Saipan on April 11 under U.S. Coast Guard heavy‑weather directives but later lost propulsion and communications before capsizing.
