Some more events unfolded yesterday in the case of the Cosco Busan allision with the San Francisco Bay Bridge.  Fleet Management Ltd., the vessels operating company, plead guilty to two misdemeanor criminal charges and admitted it was partly to blame for the spill of 53,000 gallons of oil into San Francisco Bay.

If accepted, the guilty plea would also expose Fleet Management Ltd. to damages for the costs of the November 2007 spill and cleanup.

Fleet Management has also been charged with six felonies for allegedly concealing its navigation plans for the Cosco Busan and fabricating documents after the spill to interfere with the investigation. Its trial is scheduled for Sept. 14.

Source: San Francisco Chronicle

Reminder to those of you in the San Francisco Bay Area, starting today is San Francisco’s 2008 Fleet Week.  Officially beginning in 1981, it is an annual event that honors the men and women serving in the United States Navy, Coast Guard and Marines.  A message from San Francisco’s Fleet Week Committee Chairman, Edward M. Leonard, teaches us of its interesting history:

One hundred years ago, in May 1908, 16 US Navy battleships with dozens of escorts and 14,000 sailors entered San Francisco Bay. Called the “Great White Fleet” because the ships were painted white, the fleet remained in San Francisco for two months, departing in July for Hawaii and the remainder of its 14-month cruise around the world. This was San Francisco’s first Parade of Ships and first Fleet “Week”. One of the objectives of the Great White Fleet’s voyage was to ensure that Americans were aware of the reasons for having a strong and capable Navy and to let them see those capabilities first hand. This objective still resonates 100 years later and provides the primary rationale for our annual Fleet Week celebration. [Continue Reading →]

Pilotage Paradox

by Paul Drouin

The Cosco Busan accident, as with many others that have the same root cause, can be categorized into what I call the pilotage paradox. For on the one hand, we wish to confide the safety and con of the vessel to the pilot, yet on the other insist it is the crew and captain that are ultimately responsible and accountable for the safe conduct of the vessel.

In the seven minute interval between leaving the inner harbour and striking the bridge pylon, the pilot gave 13 helm orders without the slightest indication on the bridge of the Cosco Busan that anything was amiss. We know this because the National Transportation Safety Board (NTSB) has left an amazing amount of information on their public docket website, including transcripts of the bridge voice recordings.

Leaving berth 56 (Port of Oakland) and passing under the San Francisco-Oakland Bay Bridge is a relatively simple matter, even under blind pilotage conditions, as only two course changes bring you through the span. The Delta-Echo span of the bridge is wide, with a horizontal clearance of 673 meters, and is equipped with a RACON dead center of the span. For the Cosco Busan, winds were light and the vessel would be stemming the flood current as it passed under the bridge. This maneuver should not give an experienced 3rd Mate cause to sweat, much less an experienced pilot.

Under keel clearance was not great for the Cosco Busan, however, and as a consequence hydrodynamic forces on the hull caused by the flood tide would have been strong as the vessel’s sidebody came to obstruct the flow, which was setting at approximately 130° (T) near the bridge and anywhere up to 168° (T) further from the bridge. [Continue Reading →]

The most elegant ship built in decades has caught the inspiration of artists, photographers and ship spotters worldwide. She is elegant, record breaking and capable. She’s also a YouTube Star! Here are two video that have reached over 25,000 viewers and for good reason. Take a look:

The liner Queen Mary 2 slips under the Golden Gate Bridge (BTW this video won our iPhone contest).

The Queen Mary 2 departing New York Harbour.

Like most celebrities she is also photogenic. The best series of photographs are by San Francisco Photo Blogger Todd Lapin and his team over at Telstar Logistics. Here is a slideshow of his photographs Telstar Logistics Photos. [Continue Reading →]

Click Image For Hi-Resolution Version/

Being technologically oriented ship drivers we are easily excited by new web sites that combine these interests. Having worked closely with web based AIS (Digital Seas, EarthNC, ActiveCaptain, VslTrax… to name a few) providers during the Cosco Busan incident we are also increasingly becoming interested in digital ship tracking technology so to say we were excited to learn about the new and innovative AIS site Hi-Def San Francisco would be, well, an understatement. We will be sure to bring you more information on this site as details emerge but till that time enjoy the above image titled “30 Days of SF bay traffic“.

Sailor, Mariners, seafarers and to whom it may concern

by Captain John Denham

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 →]

The damaged Cosco Busan is seen in Oakland, Calif., on Saturday, Nov. 10, 2007

The Associated Press is reporting that criminal charges were filed today against Capt. John Coda in the Cosco Busan allision with the San Fransisco Bay Bridge, back in November 10, 2007.

Here’s an excerpt:

Capt. John Cota could face up to 18 months in jail and more than $100,000 in fines if convicted of the misdemeanor charges, which include harming migrant birds protected by the government and violating the Clean Water Act. Cota was not taken into custody, according to court papers.

The complete 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.

The following post is written by Fred Fry:

This is from the 13 December 07 Haight’s Maritime Items email newsletter:

San Francisco sues everyone re oil spill – The Office of the City Attorney issued a press release stating that it filed suit under state law against parties allegedly responsible for the November 7 oil spill in San Francisco Bay. 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. (12/10/07). – Dennis Bryant

You can find a copy of the lawsuit 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:

14. 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. Plaintiffs are is informed and believe and thereon allege that each of the defendants designated as a DOE is responsible in some manner for the wrongs herein referred to and thereby proximately caused injuries and damages as alleged herein. – Link (page 7)

Do they really think there are over 100 people responsible for this spill? Who knows, at least the lawyers think that it is possible. You can bet that they will target specific shoreside support staff in addition to members of the crew with that many empty spots to fill. It will be interesting to see who they name, considering the international call not to criminalize seafarers. The pilot so far is the only person named in the suit.

NOTE: As of the time of posting, the City has yet to name any of the 100 John Does. So there are a good number of people out there who are being sued, they just don’t know it yet, for sure.

This was originally posted on my Blog Fred Fry International on 13 December 2007.

The Anatomy of Allisions

By Captain John G. Denham.

The recent accidents on the waters of San Francisco Bay has triggered the attention of maritime afficiando and many others. 7 November 2007 the COSCO BUSAN allided with the San Francisco Bay Bridge and spilled thousands of gallons of fuel oil in the bay. On 11 January 2008 the barge CASCADE allided with the bridge at Point San Quentin and in the early morning hours of Wednesday 16 January the tug TRIG LIND with a barge carrying sand navigated its way into a bridge on the Petaluma River. On 14 February an inbound container ship lost power near Fisherman’s Wharf and drifted until tugs arrived.

COSCO BUSAN was piloted by a San Francisco Bar Pilot. The oil barge CASCADE was being towed by PACIFIC WOLF and the DELTA DEANNE and was exempt from mandatory pilotage; one of the tug captains was in charge of the navigation and movement of the flotilla. In the early morning hours the 71 foot tug TRIG LIND with a 206 foot loaded barge allided with the railroad bridge and caused minor damage.

The COSCO BUSAN allision investigation is reported complete as far as the state is concerned. 1 of 2 USCG Incident Specific Preparedness Review (ISPR) reports has been published. A California state Administrative Law Judge hearing has been set for 28 April 2008.That hearing will attempt to determine the cause, find fault and make recommendation to the governing agency, the SF Bar Pilot Commission. Thereafter, state and federal agencies will determine the parties considered negligent and or responsible and will undertake appropriate action as permitted by law. Later the state of California et al, will sue the COSCO BUSAN and the bar pilot for damages etc. Monetary awards will be adjudicated. Politicians will make rules. The cause, human error, will be announced but the reasons may never be fully explained, however there are plausible explanation for all the reported alleged facts.

The CASCADE’s allision with the bridge at Point San Quentin (San Rafael-Richmond Bridge) presents a different situation. The tug PACIFIC WOLF, an 111 foot, 4100 horsepower tug and the CASCADE an OPA 90 double hull 300 foot barge are reported to be owned and operated by K-Sea Transportation. The tug DELTA DEANNE a tractor tug,108 feet in length with 4400 horsepower is owned by BayDelta Maritime. The grieved appears to be the bridge i.e., the state of California. Responsibility and fault will have to be determined. Courts have defined the duties and responsibilities of tug masters and therefore the question of who was in charge will be of primary concern.

The number of recent accidents involving petroleum product is unquestionably going to generate political rhetoric and probably some unnecessary rule making unless [Continue Reading →]

Photo by dollar_bill

Telstar Logistics provides details on this historic day:

This is a”view of a newly vacant pier 70 shipyard, now that the Oceanic Independence has left to meet her doom.”

The 1950s-era ocean liner has been towed away. Where’d it go? We fear she’s en route to India, where she may be broken up for scrap. (There’s a lively debate about this taking place in the comments to our previous post on the Independence.)

Jonathan Haeber reports that “SS Independence will be towed away to the breaker beaches of Alang, India. According to two to three sources, the boat has not only been sold by Norwegian Cruise Lines, but she’s also going to leaving the U.S. this coming Thursday.” Continue Reading..

Also be sure to catch Telstar’s previous post: Exploring the Ghost Ship SS Independence