As I stated in my post I don’t care what the capacity plate states. I’m qualified as a USCG vessel
safety coordinator and worked Pro Bono for the Chairman of the Merchant
Marine and Fisheries sub committee and my father was an Attorney in Admirality and Maritime. I grew up in the
fishing port of New Bedford and was senior science and technology officer for the second largest fishing fleets in the US. Lastly, I hold a Merchant Mariners Credential.
The responsibility for this tragedy rests primarily on the vessel
captain.
It also falls upon the New Zeland authorities.
The death of these five
women will never be forgotten by their families. The hurt continues long past the time when this story is no longer news.
What is so egregious is the very fact this vessel did certify for 10. It is one of the direct causes of the tragedy but it does NOT relieve the master of the vessel from responsibility. Not even partially. This is the foundation of maritime law. The master of the vessel carries the authority.
A master must take into account ALL circumstances. The age of the passengers, their physical condition, their level of experience in small boats, their ability to respond to instructions in the event of fire or any other
emergency and their chances of successful using any life saving
equipment from a life preserver to a raft. Before anyone comes aboard a captain should know how comfortable someone is in the water. Can they swim. Do they have experience in small boats.
Have they ever used a fire extinguisher. If I’m incapable, can they
radio a mayday. This is just a partial list of questions you should ask Every person who boards your vessel. It is the responsibility of the captain to take into consideration the TOTALITY of circumstances.
To suggest or reference the capacity plaque as any form of legitimacy for number of passengers is ludicrous. It can never and should never be considered as a primary decision making factor. It was a manifestly unsafe voyage. Plain and simple. The
weather and sea might have been calm but the water was ice cold.
Sperm whales, who have been documented biting whaling boats in two and then killing survivors with their tales, were present. The boat was smaller than the whales they set out to see. 60 year old bird watchers who gave this captain
money for a fun day. They didn’t have a clue about the dangers involved.
That was his responsibility. And he failed miserably.
The New Zeland authorities are not the only vessel inspectors who make
mistakes. The dive boat tragedy in
California is a good example of failures within the USCG system. It’s difficult to write a book for any
inspection system. Stability is complex. Fires on vessels often result poor reactions from even well trained crews.
Wind, waves, darkness, fatigue, the list is endless.
Training helps. In the end, the vessel master must look at the potential for loss of control. What each and every thing can go wrong.
If the capacity plaque says 10 passengers, would that mean 9
children and one mom ? Of course not. That is why in case after case in maritime courts, the vessel master is held to a higher standard.
How many times on this forum has there been a poster who stated they had some experience but planned to take a six pack course so they could take passengers out for
MONEY. It’s really sad people think a week or to will give them
sufficient knowledge to now become entrusted with the lives of others including
children. The airline industry does a far better job of protecting passengers and every tragedy like this proves the failures of maritime passenger vessel regulation. It’s a national disgrace here and in other countries.
This
accident will be investigated. Maybe the captains actions. Maybe something good will come of it. But the families who
lost their loved ones will never get over it completely. The reason the manatee crew posts is simply the hope that one piece of
advice, one note of caution, will help everyone realize the responsibility we have To Each Other at sea.
Captain Mark and his very sad manatee crew.
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