Commander skipper cleared by

USCG in 2004 collision

 

May 4 , 2006.

Alan Otness, skipper of the F/V Commander has been cleared of charges filed by the U.S. Coast Guard, based upon allegations made following a collision that took place March 27, 2004 during the Sitka purse seine fishery.

Captain S. W. Fijalka, based in Arlington, VA, informed Otness by letter that, “I am not convinced (Otness) violated federal law,” and further noted, he was not convinced that Otness’ actions, “caused the collision between the Commander and the Lovey Joann,” owned by the late Joe Demmert of Craig.

The Coast Guard charged Otness for, “Operating a vessel in a negligent manner or interfering with the safe operation that endangers life, limb or property of a person.” They also alleged he failed to take appropriate action to avoid a collision. He faced fines totaling $8,500 on both charges.

The charges were both dismissed without prejudice, meaning charges could be re-filed if new evidence was brought forth. The case has been pending for two years, and according to Fijalka’s letter, the matter is closed.

Otness explained he still faces a civil action brought by the Demmert estate, seeking lost income, as a result of the collision. The Lovey Joann suffered $27,000 damage when two planks were torn loose in the collision. The Commander was not damaged.

The collision resulted when Demmert maneuvered his vessel astern of the Commander while Otness was backing his vessel towards the beach. Otness’ vessel was only two boat lengths away from the shore.

“Joe needed to go around my bow, “ Otness said. We were backing closer to the beach. We were backing slowly, so as not to capsize the seine skiff and Joe was coming at us full bore, he added.

Otness said he tried to move ahead, but too late to avoid the collision.

Joe Menish, who took photos from the crows-nest atop the F/V HI TECH, captured the incident on film. One of the photos appeared on the cover of Alaska Fisherman’s Journal.

Otness said he could have requested an administrative hearing before a USCG Hearing Officer, but said the attorney fees to prepare for the case would have been exorbitant. “It’s been a very frustrating process,” said Otness.

With the perspective of hindsight, Otness said he would “be the first to call authorities,” in a similar incident.

“The person that calls first is the oppressed party,” said Otness. You can change the color of the event.

Otness suggested that Demmert’s age and perhaps health, contributed to the accident. With age, a person’s eyesight and reflexes can be diminished. Otness asked rhetorically, “Why do I need glasses to drive my car, but not to operate my boat?”

My dad is 80 years old. His eyesight is not as sharp and reflexes not as quick. “We took his keys away seven years ago,” said Otness.

At minimum, boat operators should have to meet the minimum requirements for obtaining a drivers license. Vision standards should be met along with passing a rules of the road test for operation of a vessel as well as a motor vehicle. A boat operator endorsement could be noted on state drivers licenses, he explained.