gCaptain.com

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.

_______________

The following is the documented federal charges against Cosco Busan pilot John Cota. [Continue Reading →]

AP Photo: 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.

___________________________

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.

(Ed. note: This entry is reposted in it’s entirety with permission from Red Right Returning. Doug Gould is a fellow tower from the East Coast.)

Are you aware of the concept of license creep? When you renew your USCG license, the new license will expire exactly 5 years from the date of issue of the renewed license. So, if you renew 5 months before your current license expires, you will loose 4 or 5 months of the fee you paid when you got the previous license. If you are on your 4th or 5th renewal, you may have lost over a year’s worth of user fees.

Say you got your first license on January 1, 1980. You would have been required to renew in ‘85, ‘90, ‘95, 2000 and 2005 to be current today. So, you should be on the 6th issue of your license. But, if you always tried to be a good scout and renewed 6 months early each time, you would actually already be on your 7th issue rather than your 6th.

Here is the deal: you pay about $100 in fees to get a 5 year license, but you can only use all 60 months of that if you wait to the very last day to renew. Over the course of your career, you end up getting cheated, because you’re paying fees based on a 60 month renewal cycle, but you are forced to “surrender” some of those months when you renew.

Well, the Coast Guard calls this license creep. They recognize that it happens, and they have put in place system to keep it at a minumum. Here is a link to the official Policy Letter that explains to the REC how to deal with the problem.When I renewed in December, I asked about this issue, but I didn’t have this Policy Letter in hand, and the license examiner didn’t seem to know anything about this policy and just kinda shrugged his shoulders and said “too bad”…If your renewal is coming up, print this out and request “delayed issuance” of your next license.

_____________

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.

US Coast Guard Commandant Thad Allen

US Coast Guard Commandant Thad Allen said in a recent email:

“USCG activities involving U.S. and foreign professional mariners and maritime organizations will be conducted with utmost professionalism and respect. Licensed and documented mariners are professionals who share our interests in a safe, secure, and environmentally compliant industry. Alexander Hamilton’s charge - to keep in mind that our countrymen are free men, and as such, are impatient of everything that bears the least mark of a domineering spirit - applies as much today as it did in 1790 and equally to international mariners and our trading partners .I have received reports from highly respected professionals recounting Coast Guard boardings, inspections, and investigations not displaying professionalism. additionally, some have said they lost the complete trust they once had in the Coast Guard and are fearful of retribution if they challenge the Coast Guard’s conduct.”

The complete text of Admiral Allen’s comments are HERE. Wired.com blog post: Coasties Get Sloppy Around Boaters It should be noted that my experiences with boarding teams have been positive. While Coasties do put on a game face when conducting boardings they are by in large fair in their approach. Voyages are terminated in only the most egregious of circumstances.

________________________

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

This is National Sleep Awareness Week and the NTSB wants to share information on Crew Endurance Management. They write:

Endurance involves the body’s ability to maintain performance within safe limits while enduring psychological, environmental, and physiological challenges, Stevens said. Health, nutrition, stress, sleep, work schedules and noise levels all affect crew operations.

The issue in any situation involving transportation, whether it’s airplane, train, even a car or truck, is the fatigue issue, said Walter Blessey, chief executive officer of Blessey Marine Services in New Orleans. If someone goes to sleep when they’re involved in steering or running a piece of equipment, there can be serious consequences - maybe death.

Crew endurance management systems (CEMS) involve four categories:

* environmental factors, which are the effects of ambient temperature, noise and vibration on the human body;
* operational factors, which are the effects of company and boat policies;
* physiological factors, which are the effects of sleep, diet, exercise and shifts on the body and performance;
* psychological factors, which are the effects of stress and working conditions on performance.

Why is this an Important topic? Click this photo for the answer:

For more information visit the following links:

• How To Cheat Sleep -Tips To Stay Awake On Watch
• Night Shifts Linked To Cancer
  
• Coast Guard CEMS program
  
• CEMS Guide For Marine Operations

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.

Seven Seas Mariner in Skagway, Ak

…not really, the cadence actually sounds more alluring than the job. I’d like to see the old Love Boat series glamorize this position. Come to think of it, the love boat engineers were never seen or heard from.

The State of Alaska has legislated that large commercial passenger vessels entering the marine waters of the state is required to have a marine engineer licensed by the United States Coast Guard hired or retained by the department on board the vessel to act as an independent observer for the purpose of monitoring state and federal requirements pertaining to marine discharge and pollution requirements and to insure that passengers, crew and residents at ports are protected from improper sanitation, health and safety
practices.

Here’s an excerpt from MarineLink.com’s post: Alaska Selects Crowley to Monitor Cruise ShipsThe contract, valued at up to $4 million per fiscal year, directs Crowley to recruit, hire, train, and organize the logistics of placing up to 35 Ocean Rangers on board cruise ships this season to monitor their wastewater discharges and compliance with other pollution requirements for the state. Ocean Rangers are required as part of a new law adopted by the citizens of Alaska - the Alaska Cruise Ship Initiative- in 2006.

_________________________

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

INTERVIEW WITH USCG RESCUE HELICOPTER CREW

This past July, in a gCaptain and Robin Storm exclusive, we brought you the Lessons Learned by North Atlantic freak wave survivor Jean Pierre de Lutz. Just two months prior to that article Jean was aboard the sailboat Sean Seamor II when he found trouble in the north Atlantic. In the final logbook entry he writes:

On or around 7 May 2007 the s/v Sean Seamour II was struck by a what is believed to be a “freak wave”, during Subtropical Storm Andrea. The sailboat was broadsided by a wave that did an great deal of damage to the boat and sent the crew flying about the cabin doing 360’s and causing its Master to break his ribs. The wave caused the sailboat to immediately list starboard.

After a harrowing time riding the waves a EPIRB signal was received by the USCG and a C-130 over fight located the wave riding crew. A J-Hawk Helicopter was dispatched to the area and launched a rescue swimmer, who injured his back during the insertion into the water, when a wave dropped from beneath him and he dropped some 50 to 70 feet. All of this done in 50 to 70 foot seas, with winds estimated at 80 knots.

Today we bring you an MAIS Podcast interview with the entire crew of the J-Hawk Helicopter that came to their rescue. It’s a story of survival in nature’s harshest conditions so be sure to listen.

THE HEROS

Aviation Survival Technician Second Class Drew D. Dazzo, H-60 Rescue Swimmer
Lieutenant Commander Nevada A. Smith, H-60 Aircraft Commander
Lieutenant Junior Grade Aaron G. Nelson, H-60 Copilot
Aviation Maintenance Technician Second Class Scott D. Higgins, H-60 Flight Mechanic

Read the Award Ceremony Minutes HERE.

THE VIDEO

[youtube]http://www.youtube.com/watch?v=MEESqfWxYIE[/youtube]

Background Reading

• 10 Lessons Learned For Sailing in Severe Weather
• s/v Sean Seamour II - the final log entry
• Rogue Waves - A Call To Action
• EPIRB Failure aboard the “Sean Seamour”
• Top 10 Rescue at Sea Videos from the U.S. Coast Guard
• The Deadliest Catch - Rogue Wave Edition
• The Sean Seamour III

MAIS Special Report - Rescue on The High Seas;

 

 Messing About In Ships Podcast #12 - Special Interview of US Coast Guard Rescue of Sailors Aboard the Yacht Sean Seymour II: Play Now | Play in Popup | Download

The Contra Costa Times article “Critics Fear More Barge Disasters” of February 19, 2008 and the KGO TV Channel 7 report on tug boat licensing presented eye opening views on the crewing and operations of harbor tugs. Although in excellent detail the views expressed and the comments made by active tug operators presented a deeper problem than just the shortage of qualified people. It illuminated the government intervention into unfamiliar fields using academic research techniques. Such data gathering processes are excellent in determining sales, production and pedestrian patterns but when dealing with people’s, livelihoods and professional experience and knowledge, they are inappropriate.Of concern, in this case, is the process used to publish intentions to make new or change rules. Obviously, by the limited number of reported written responses (14) to a possible population of several thousand the sampling was insignificant.

Therefore to continue further is ineffective. A better and more effective sampling technique is warranted. The USCG criteria “to make a good case” is certainly not convincing or professional.

There is no doubt that the tug people, like so many other transportation occupations need to improve their safety, education and training. An example of an acceptable level of effort put forth is the airline industry; however, the public pays. In my experience, I have found tug people, inland and off shore, to be concerned about the petty bureaucratic confusion of government officials, but angry about managerial mis-management. The law relating to tugs and tug operation as capsulated in ” Parks on the law of Tug, Tow and Pilotage” is mind boggling but almost essential reading for the guy in the pilot house. Most tug operators are given tasks and provided two options: either do the job, or some one else will. Few will support them in confrontations with management involving risk, safety and lawful precedence, mostly it is: up to the tug skipper to decide. A tug operator has little choice in task, crew, time or condition although the laws hold them accountable.

It is appropriate, under the circumstances cited above, that the USCG reconsider their position based on the little response previously acquired and conduct a series of on-scene visits to the major tug boat areas and determine what is actually needed and how to accomplish it. A small professional. representative experienced team could effectively accomplish a meaningful result in a few months. The result may not be perfect, but the effort should be.

It is not what one achieves, but the effort that prove its worth.

JGD

Captain John Denham is 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 .

The Coast Guard has launched a new website with Video, Podcasts and Photos featured on the homepage. In the official Press Release they write:

I am excited to share the new and improved Coast Guard Homepage with you. Our goal was to create a homepage that would become the single location for Coast Guard information to both internal and external audiences. What we now have is just that — a homepage that provides important and timely Coast Guard information to all. It also more closely aligns with what Admiral Allen stated during a questions and answer session after his speech at the National Press Club on February 8, 2008: if we don’t keep up with new media and technologies we will marginalize our ability to communicate externally, and more importantly we will also lose the interest of our own Coast Guard members.

The new site features, among other things, a new magazine (no issues yet published), YouTube channel and official Podcast. It may not be as entertaining as Messing About In Ships… but we are encouraged by the effort.

You can find all this and more at the Coast Guard’s homepage: USCG.mil