Today’s AP wire tells us:
The U.S. Justice Department filed a lawsuit six months ago accusing the pilot and the owner of the Cosco Busan of breaking environmental laws when the ship struck a bridge support and spilled 53,000 gallons of toxic oil.
In legal papers filed Thursday, Hong Kong-based ship owner Regal Stone argues that the episode was caused by what it called the gross negligence and willful misconduct of the United States.
The company says the government should not have granted Capt. John Cota licenses because he was not medically fit for duty. (Full Story)
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Tags: · cosco-busan, john-cota
BYM Marine and Maritime news is reporting:
A federal grand jury has returned an indictment charging John Joseph Cota, a U.S. Coast Guard and California licensed ship pilot, with making false statements to the Coast Guard concerning his medications and medical conditions in 2006 and 2007. The false statements arose from annual physical examinations that pilots are required to complete every year to maintain their pilot’s license.
Cota, who was the pilot of the Cosco Busan, was previously charged with negligently causing the discharge of approximately 50,000 gallons of oil in San Francisco Bay from the 65,131-ton container ship when he caused the ship to collide with the San Francisco Bay Bridge on Nov. 7, 2007.
The grand jury’s indictment supersedes and includes charges brought previously by a criminal information that charged Cota with violating the Clean Water Act (CWA), as amended by the Oil Spill Act of 1990, and the Migratory Bird Treaty Act by causing the death of protected species of migratory birds.
The full post is here.
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This post was written by Richard Rodriguez, Rescue Tug Captain, and US Coast Guard approved instructor for License Training. You can read more of his articles at the BitterEnd of the net.
Tags: · cosco busa, john-cota, medical, Regulations, USCG
Not Being John Cota
by Bob Couttie
“Capt. Cota acknowledges the lack of situational awareness and does not expect it to happen again.”
Board of Pilot Commissioners for the Bays: Investigation into the grounding of the M/V Pioneer…on 20 February 2006.
Bay pilot John Cota’s week it wasn’t, starting April 8, 2008. Since the US Department of Justice has already charged him on two criminal counts, an act likely to hinder a helpful investigation, his lawyers advised him to claim the protection under the Fifth Amendment of the US constitution against self-incrimination and declined to give testimony at the public hearings of the US National Transportation Safety Board, a protection ironically, which the US government does not want extended to non-US seafarers.
The ship’s crew, currently detained as ‘material witnesses’ for Cota’s trial did not give testimony, either.
Much of the second day of the hearing was occupied by evidence on Cota’s medical condition and previous history of alcohol abuse - he was tested for alcohol immediately after the incident and found clear. After the incident, the US Coast Guard asked Cota to surrender his mariner’s license because “the listed potential side effects of those medications and how they may or may not have some impact upon his judgment, his ability to function, cognitive ability,” said Chief of the Regional Exam Center, George Buffleben.
A medical witness, Dr. Robert Bourgeois, told the hearing “I wouldn’t want anyone taking those medicines and having to make decisions in a safety-sensitive position”. When askled if he would let his children board a bus with a driver using such medication, he said “my kids would not be on that bus”.
John Cota, call sign Romeo, was evaluated for renewal of his license in January 2007 under a system that is currently undergoing changes. However, this does call into question the effectiveness of the medical examination process.
This does not necessarily mean that Cota was suffering impairment. If he was, the hearing was told, it would be difficult for the master or officers to tell whether or not he was so impaired as to present a hazard. Under US legislation ship’s officers are required to obey the orders of the pilot unless he is clearly incompetent or incapacitated.
There has been much comment about alleged problems with the radar, AIS and ECIDS, with Cota saying that the latter was confusing. It is clear for the VDR transcript that he was struggling with both. The pilot who had conducted the Cosco Busan inbound, Captain Nyborg, had no problems with radar or AIS, and these were found to be working after the incident.
He also had little problem communicating with the Captain, Mao Cai Sun, nor with the helmsman.
Captain Nyborg did notice a problem with the ECDIS, with the track being offset to the west. Nyborg disembarked the Cosco Busan and later went to the pilot conference centre for a monthly meeting. From there he saw the ship coming away from anchorage 7 and moving towards anchorage 9, “I was surprised because I recognized her as a ship I put in Oakland, and it would be very unusual for that ship to be coming to the wrong direction unless something had happened or something was wrong, like if they had a breakdown or something” said Nyborg. Other pilots present told Nyborg about the allision.
“I tried to remember where, you know, what issues I might have had with it, and what my, you know, if I had any difficulties or, you know, bad helmsman or anything like that. Nothing stuck out in my mind except that I, I remembered that, gee, I think that ECDIS display was showing a poor course as far as — a poor planned route through Delta Echo span, and I wondered if they had tracked the same deal coming outbound,” he told investigators.
Cota arrived at the meeting looking shaken: “(He) actually sat down within 3 or 4 feet of me, and I scooted my chair over and out of concern asked him, John, how you doing? He described how he was doing. Oh, my God, John, what happened? And, and he was visibly shaken. And I said you know what you should look into that - you should look into this ECDIS display because I believe it was, it was running West of where it should have been on my inbound. And of course I didn’t need it, but if you relied on it at all maybe it ought to be something that is investigated.”
Surprisingly, or prehaps not considering the possible emotional impact of the event, Cota forgot about the meeting: “John called me last night, and he had actually — didn’t recall me telling him that. He’s like there’s rumor around that you saw this or saw that, and I’m like, John, I talked to you at the meeting. Didn’t you remember that meeting? He said, no. I was really rattled, and I probably talked to people I didn’t, I don’t remember talking to. And that’s very understandable, you know,” said Nyborg.
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Bob Couttie has written for a number of maritime industry publications, including the prestigious Lloyd’s List International daily newspaper and Lloyd’s Ship Manager magazine. His reportage on problems with ship’s officer certification examinations in the Philippines in the late 1990s influenced the adoption of computerized examinations for ship officers by the country’s Professional Regulatory Commission.
Bob currently writes and produces podcasts for The Maritime Accident Casebook
Tags: · cosco-busan, drunk driving, john-cota
TROUBLE ON OILY WATERS.
MV COSCO BUSAN vs THE BRIDGE ON SAN FRANCISCO BAY
BY John G. Denham
On Wednesday 7 November 2007, it started as a short 10 AM radio news item. A tanker hit the bay bridge and some oil was spilled. Just another boating accident. By noon it was reported that the slight contact by a container ship with the “D” tower of the San Francisco Oakland Bay Bridge was more than slight and oil in an unknown amount was spilled. By sunset there were rumors that the oil spill was a major catastrophe. The media scrambled to find information but was unsuccessful. The USCG was not fully aware of the situation and there were no available eye witnesses coming forth Finding available transportation to the scene was near impossible as fog shrouded the bay although incoming ships, ferries and tugs seemed to be moving freely near the bridge.
Lacking official news, the print press, TV and a number of blogs did an excellent job keeping interested persons informed with bits of information pried from various sources and a network of unofficial marine observers e.g., “g Captain.com,” “ flickr.com ” and ”boatingsf.com .” The lack of speculation was evident and although the reports were accurate only professionals and maritime aficionados recognized inconsistencies.
Therefore, this review will summarize what was reported and insert explanations as appropriate, including probable scenarios of what may have transpired. Regardless of facts to be determined later, all the facts may never be known without the truthful statements of those involved.
There will be hearings, investigations, inquiries and probably court trials, both in admiralty and criminal and civil justice; one to find fault, others to make financial awards. The oil spill and its management will be examined by others, ad infinitum, but most disturbing will be the knee-jerk reaction by some to propose solutions before the reason is known.
Time has since passed and we now know the culprit was not a tanker, but the 284.7 meter ( 911 foot) motor (diesel) ship COSCO BUSAN, ex- Hanjin Cairo a foreign flag containership registered in Hong Kong. The captain was Mao Cai Sun of the Peoples Republic of China and the crew was allegedly Chinese. The San Francisco Bar Pilot was John J. Cota a veteran of 27 years as a pilot. The ship was nearly fully loaded with containers and bound for Korea. The China Ocean Shipping Company (COSCO) denied any ownership or managerial responsibility for COSCO BUSAN. The name HANJIN, a Korean shipping company was prominently displayed on the ship’s side but the reported owners are Regal Stone, LTD of Hong Kong and the managing operator was Fleet Management Limited of Hong Kong. [Continue Reading →]
Tags: · cosco busa, john-cota, oil-spill
Sailor, Mariners, seafarers and to whom it may concern
The Department of Justice has submitted “information relative to a criminal action ” in U.S. District Court in San Francisco, California; an accusation against a mariner for violating The Clean Water Act and The Migratory Bird Treaty Act. As a criminal case it will be processed not in Admiralty, but in criminal court, where there is a more relaxed and lesser general acceptance for technical qualification and terminology. The urgency in this priority matter may be a limitation in the Statutes or they are not very busy at DOJ. However it should be noted this an accusation for violating two acts, not an allision between a ship and a fixed object. Shaft alley lawyers, don your caps and peruse.
The defendant, JOHN JOSEPH COTA, did negligently (failed to act as a reasonable person might do in similar circumstances) cause (personally did) the discharge of oil in such quantities as may be harmful from a vessel, the M/V Cosco Busan, into and upon the navigable waters of the United States, without a permit. (Can one discharge oil with a permit?) Specifically, on or about November 7, 2007, Defendant Cota, while piloting the M/V Cosco Busan,(it has not been proven that at the time he was directing the navigation and movement of the vessel) caused approximately 58,000 gallons of heavy fuel oil to be discharged from the vessel into San Francisco Bay by acting in a negligent manner,(Supra) that included the following: (a) failing to pilot a collision free course (Supra; made it safely from Oakland to buoy #1); (b) failing to adequately review with the Captain and crew (all of them?) of the M/V Cosco Busan prior to departure the official navigational charts of the proposed course, (only one route out of Oakland) the location of the San Francisco Bay aids to navigation,( not reported as yet; only 18 aids not including bridge) and the operation of the vessel’s navigational equipment; (c) departing port in heavy fog ( term has no professional meaning: although reported as .1 mile) and then failing to proceed at a safe speed (too may variables and special circumstances involved) during the voyage despite limited visibility; (d) then failing to use the vessel’s radar (operational ability unresolved) while making the final approach to the Bay Bridge; (e) failing to use positional fixes during the voyage; and (f) failing to verify the vessel’s position vis-a-vis other established and recognized aids to navigation throughout the voyage. 33CFR164.11 “The owner master or person in charge shall ensure that: (a) the wheelhouse is constantly manned by persons who: (2)Fix the vessel’s position.”
All alleged in violation of Title 33, United States Code, Sections 1319(c)(1)(A) and 1321(b)(3), a Class A misdemeanor. Reviewing the above it is obvious that owners, masters and person in charge of vessels should make all employees aware of the possibility of enforcement by government of these acts, The media has correctly expressed, “they intend to make examples.” The courts, including those selected as jurors , under instruction, will expect a high professional standard of performance of licensed and documented mariners, seafarers and private boaters. It is possible with a proper defense, one may escape penalty, but the experience is devastating and costly.
This article was written by Captain John Denham, a veteran of 66 years maritime experience in seamanship, ship handling, navigation, piloting, and education. He is also author of The Assistant and DD 891.
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The following is the documented federal charges against Cosco Busan pilot John Cota. [Continue Reading →]
Tags: · cosco-busan, DOJ, john denham, john-cota, marpol, oil-spill, San Francisco, USCG
January 19th, 2008 · 5 Comments
Cosco Busan Photo by Noah Berger/Associated PressOctober 15th 2003 the Staten Island ferry crashed into a concrete pier killing eleven people and leaving 71 injured. It was later determined that the captain lost consciousness while at the ship’s controls. He had taken the painkillers Tramadol and Tylenol PM, both of which can cause drowsiness as a side effect. Since that time the United States Coast Guard has put increased scrutiny on the medical records of all licensed mariners, a review process that could get more stringent as details emerge regarding medication taken by the Cosco Busan’s pilot.The Associated Press tells us:
The ship pilot who was at the helm when a freighter spilled 58,000 gallons of fuel into San Francisco Bay in November suffers from a sleep disorder and was on prescription medication to ward off drowsiness, people close to the investigation told The Associated Press.Investigators want to know whether the disorder — or even the medication itself — contributed to the accident.Federal officials and others, speaking on condition of anonymity, said John Cota has sleep apnea, a breathing condition that can disrupt sleep all night long and leave sufferers severely fatigued during the day. Sleep apnea is blamed for countless auto accidents every year in which drivers nodded off at the wheel.Cota, 59, was also said to be taking a sleep-apnea drug whose known side effects include impaired judgment.Prescription drugs are “certainly a part of our investigation,” said G. Ross Wheatley, chief of investigations for the Coast Guard’s San Francisco sector.The disclosure has raised questions among members of Congress about the Coast Guard’s licensing practices and whether Cota should have been deemed fit for a job in which he was responsible for guiding giant cargo ships in and out of port and through the dangerous waters of the bay.Under Coast Guard policy, a sleep disorder can be grounds for disqualification, but is not automatically so. Continue Reading…
Tags: · bay bridge, cosco-busan, investigation, john-cota, licensing, medical, ntsb, sleep, sleeping pills, USCG
December 14th, 2007 · 2 Comments
SF’ist blog has sent us this breaking news item: The Cosco Busan is now departing shipyard in San Francisco.
UPDATES:
Our friends at Jakota and BoatingSF have cleaned up the popular flash based track of Cosco Busan’s fateful voyage.
The International Herald Tribune tells us;
The Hong Kong-based owner of a ship that spilled oil in San Francisco Bay has paid the federal government nearly $80 million (€55 million) as bail of sorts while U.S. officials seek a civil judgment, the Justice Department said Friday.
The government asked for and received $79.5 million (€54.8 million) — the full value of the ship — as the maritime equivalent of a release bond, said Andrew Ames, a department spokesman.
The deposit eliminates the government’s threat to seize the vessel, which could have cost taxpayers significant money, Ames said. The threat was part of a lawsuit filed last month by the federal government against the ship’s owner, Regal Stone Ltd.; Capt. John Cota, the pilot; and Regal Stone’s insurance company. Continue Reading…
The San Francisco Chronicle reports:
The Coast Guard has asked Cota to voluntarily deposit his federal merchant marine officer’s license with the service on grounds he is not physically competent to maintain it.
Cota, however, has turned his license in to his lawyer. According to Coast Guard spokesman Dan Dewell, the service has accepted this arrangement with the stipulation that Cota will not sail with the license.
Cota, 60, has 26 years experience as a San Francisco bar pilot. Continue Reading…
Fred Fry brings us news that “Over 100 liable for COSCO BUSAN Oil Spill“;
In addition to financial compensation, the suit seeks an injunction requiring defendants to implement a plan to assess, monitor, and remediate all damages caused by the spill. Defendants include the owner, operator, manager, pilot, and John Does 1-100.
You can find a copy of the suit here. (Direct Pdf link here)
He’s not kidding when he says that they are suing everyone. Of note is this comment about 100 John Does who the City of San Francisco also named as defendants:
The true names or capacities, whether individual, corporate, associate, or otherwise, of DOE I through DOE 100 are unknown to plaintiffs, who therefore sue such defendants by such fictitious names, and who will amend this complaint to show their true names and capacities when ascertained. Continue Reading…
We reported last week the Board Of Pilot’s decision to formally charge Captain Cota for a list of safety related infractions. Today we have received copies of the official accusation;
At about 0600 on Wednesday, 07 November 2007, Captain Cota boarded the M/V COSCO BUSAN at Oakland Berth 56 to act as its pilot for its transit from Berth 56 to sea. The vessel was scheduled to sail at 0630.
[Continue Reading →]
Tags: · blog, breaking_news, cosco-busan, john-cota, news_item, oil-spill, San Francisco, san-francsico, sna-francisco-pilots
December 7th, 2007 · 2 Comments
In a well written article published by The San Francisco Chronicle Captain Peter McIsaac, president of the San Francisco Bar Pilots, lays out the reasons why federal control of shipping is a bad idea. He tells us;
One much-discussed measure we are not recommending is the implementation of a vessel management system similar to an air traffic control. Our members believe and 150 years of maritime experience show the impracticality of taking an aviation approach to managing maritime traffic. Unlike aircraft, ships operate in only two dimensions. A complex number of forces acting upon a ship’s movement, including vessel hydrodynamics, wind, current and water depth, make remote control of a large ship impossible. Also, in an air-traffic system, most if not all, small craft participate in the system. On any given summer weekend, 95 percent of the small craft on San Francisco Bay are not checked into the vessel management system. The wide range of vessel classes, sizes and abilities further argues against a uniform approach to shipping traffic control.
We recognize the important work the U.S. Coast Guard performs in maintaining an advisory Vessel Traffic Service. While our bar pilots rely on this service, they bear the primary responsibility for communicating with other vessels in close proximity, for communicating with bridge and harbor operators, and for knowing at all times their own position on the water. It is the acceptance of this responsibility and authority which helps maintain safe shipping in Northern California.
As stated in our previous article, we agree completely with the assessment and are encouraged to see a partnership between The Chronicle and maritime professionals. Hopefully there will be more to come!
Read Captain Peter’s full article HERE.
Related Announcements;
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Also in an official press release San Francisco’s pilot commission announces their decision to formally charge the Cosco Busan’s pilot Captain John Cota. They write;
Captain Cota is charged with having reason to doubt whether the ship could safely proceed under the prevailing circumstances and proceeding on his course with insufficient information about the level of visibility along his intended route. He is also charged with proceeding at a speed that was excessive for the circumstances and failing to make full use of all available resources, including a tugboat, the Vessel Traffic Service of the Coast Guard, and his ship’s lookout. The tug remained tethered to the ship’s stern; the Vessel Traffic Service of the Coast Guard could have provided more information if Captain Cota had requested it; and the ship’s lookout could have been better instructed. The charges allege that Captain Cota’s conduct warrants the suspension or revocation of his state pilot license.
Download the full press release HERE.
Related Media Articles;
Tags: · cosco-busan, cosco_busan, john-cota, pilots, San Francisco, san-francisco-pilots
