V2.0 Mariner’s Criminalized How Did We Get Here? Peter D. Squicciarini Master Mariner U.S. Coast Guard, Atlantic Area (757) 398-7720

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Presentation transcript:

V2.0 Mariner’s Criminalized How Did We Get Here? Peter D. Squicciarini Master Mariner U.S. Coast Guard, Atlantic Area (757)

In The Beginning

TITANIC Dead Captain Edward Smith Went down with the ship J. Bruce Ismay Chmn/Dir White Star Line Escaped in lifeboat Never charged Thomas Andrews Designer Went down with the ship

MORRO CASTLE Dead Captain Robert Wilmott Died Enroute due to natural causes. (Good timing) Captain William Warms Chief Officer, Acting Master Exonerated of all charges

ANDREA DORIA v STOCKHOLM 1956 Captain Calamai (Andrea Doria) Beached w/o punishment Captain Nordenson (Stockholm) Continued to sail No punishment 53 Dead

YARMOUTH CASTLE Dead Capt. Byron Voutsinas Capt. Voutsinas was criticized by Coast Guard but not punished. Left the shipping industry to open a restaurant.

EXXON VALDEZ 1989 E-Crime 11,000,000 gallons of oil spilled. 250,000 seabirds, 2,800 sea otters, 300 harbor seals, 250 bald eagles dead. Captain Joe Hazelwood 1,000 hours of community service. Fined $50,000. Beached, but no prison time. {Named the patron saint of the movie Waterworld’s evil "Smokers“, a band of scavenging raiders}

STATEN ISLAND FERRY Dead Assistant pilot, Richard Smith Pleaded guilty to 11 counts of seaman's manslaughter. Got 18 months in prison. Captain, Michael J. Gansas Prosecution deferred for three years. 200 hours of community service. No prison. Ferry Operations Director, Patrick Ryan Pleading guilty to negligent manslaughter. Got 1 year and 1 day in prison.

Ethan Allen Dead Captain Richard Paris Criminal negligence conviction. Fine of $ hours of community service in lieu 15 days jail time.

COSCO BUSAN 2007 E-Crime 53,000 gallons of oil spilled. 2,400 birds dead. Captain John Cota (pilot) Convicted of Clean Water Act (CWA) and Oil Spill Act (OPA) of 1990 violations. Got 10 months in federal prison.

T/V Mel Oliver 2008 E-Crime 282,828 gallons of oil spilled Terry Carver, Master Got3 years Federal probation Randall Dantin, DRD Towing Got 21 months in prison $50,000 personal fine $200,000 company fine John Bavaret, Apprentice Steersman Got 6 months in prison, and 6 months home detention

DUKW v CARIBBEAN SEA Dead Captain Matthew R. Devlin Convicted under Seaman's Manslaughter Statute. Got 1 year plus 1 day in federal prison. Got 3 years of supervised release.

SEA TOW v P/C JAMES RIVER Dead Captain Wayne Espinoza Indicted for involuntary manslaughter.

M/V Rena 2011 E-Crime 550,000 gallons of oil spilled. Cargo lost Hull break-up/Reef damage Captain Mauro Balomaga Navigation Officer Leonil Relon Both found guilty on 11 total charges. Seven month prison sentence.

Bottiglieri Challenger 2012 E-Crime “Magic Pipe” Chief Engineer Vito La Forgia Got 1 month in jail. Giusseppe Bottiglieri Shipping Co. $1 million criminal fine. 4 years of probation. $300,000 payment to the National Fish and Wildlife Foundation.

PATHFINDER 2012 E-Crime 6,500 gallons of oil spilled Captain Ronald Monsen Got 36 months of probation First six months to be spent in home confinement. Fined $15, hours of community service.

M/V GAURAV PREM 2012 E-Crime OWS/ORB violations. Discharge of plastics. Captain Prastana Taohim Got 1 year and 1 day. 3 years probation. Deportation after jail time. Target Ship Management $1 million criminal fine. Got 3 years of probation. $200,000 payment to the National Fish and Wildlife Foundation.

COSTA CONCORDIA Dead Capt Schettino Faces charges of manslaughter, abandoning ship, and failing to communicate with maritime authorities. If convicted on all charges, Schettino could be sentenced to prison term exceeding 2,500 years.

AROUND THE WORLD AROUND THE WORLD

The Laws A few laws that might get you: Seaman’s Manslaughter Statute (1838) Migratory Bird Treaty Act (1918) Federal Water Pollution Control Act (1972) - a.k.a. Clean Water Act (CWA) International Conventions for Prevention of Pollution From Ships (73/88) - a.k.a. MARPOL 33 CFR Part 160 Subchapter P -a.k.a. Ports and Waterways Safety Act State and Local?

ISN’T Being A Mariner…?