State, Bd. of Marine Pilots v. Renwick

936 P.2d 526, 1997 A.M.C. 1341, 1997 Alas. LEXIS 28, 1997 WL 71842
CourtAlaska Supreme Court
DecidedFebruary 21, 1997
DocketS-7379
StatusPublished
Cited by18 cases

This text of 936 P.2d 526 (State, Bd. of Marine Pilots v. Renwick) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Bd. of Marine Pilots v. Renwick, 936 P.2d 526, 1997 A.M.C. 1341, 1997 Alas. LEXIS 28, 1997 WL 71842 (Ala. 1997).

Opinion

OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

The Board of Marine Phots (Board) appeals the superior court’s reversal of the Board’s order summarily suspending David Renwick’s marine phot’s license. We reverse and direct the superior court to remand the case to the Board.

II. FACTS AND PROCEEDINGS

These are the facts as found by the Board: 1

At approximately 5:30 p.m. on March 21, 1994, Captain K. Yamaguchi, the master of the M/V REEFER BADGER, contacted Lynda Smith of ALAMAR [Alaska Maritime Agencies] by radio requesting the dispatch of a phot because the REEFER BADGER was dragging anchor in Captain’s Bay on Unalaska Island near Dutch Harbor, Alaska. As Captain’s Bay is within compulsory photage waters, the Master needed a phot to reposition the vessel. 2
Ms. Smith contacted Captain Thomas Dundas, an Alaskan Marine Phot, who was the dispatcher on duty for Alaska Marine Phots and Dispatching Service (AMP). *528 Captain Dundas dispatched Captain David Renwick to the REEFER BADGER, and accompanied by another pilot, Captain David Sanders, drove Renwick to the OSI Dock Facility at Captain’s Bay where Ren-wick boarded the pilot boat, the tug LOWELL S, under the command of Captain Amos Crauthers.
At all times relevant to the events in question, the weather in Captain’s Bay was severe; the wind was blowing at 50-60 knots, with greater gusts, and seas were from five to six feet high. The wind was from the S/SW, blowing from the head (closed end) of the bay toward the open end of the bay.
There are three designated anchorages in Captain’s Bay, numbered 1-3 from the head of the bay. Prior to Renwick’s dispatch to the REEFER BADGER, the vessel had been in the designated anchorage No. 2. The M/V EIYO was in the No. 3 anchorage to the north of the REEFER BADGER, west of the OSI dock. The anchorages in Captain’s Bay are at the head (south) end of the bay, as the remainder of the bay is generally too deep to provide safe anchorage. Captain’s Bay, especially to the south and the west of the designated anchorages, contains numerous navigational hazards in the forms of island, reefs and shoals. Maneuvering room is limited.
When Renwick first boarded the REEFER BADGER, the vessel was located inshore of anchorage No. 2, southwest of the South Reef at OSI. The vessel was in danger due to the proximity of the shoreline. Renwick assumed the “conn” of the vessel, and was able to maneuver the REEFER BADGER out of immediate danger at that time.
Renwick inquired as to the situation in regard to the ship’s anchor(s). He was unable to determine the situation from the Master, in part because of the Master’s limited understanding of English. Consequently, he made an inquiry of Captain Crauthers of the LOWELL S. Captain Crauthers informed Renwick that there were two anchors out, and that these anchors were “wrapped” (fouled together). From the Second Mate, who spoke English, Renwick confirmed that the vessel had two anchors out; seven shackles to starboard, and two shackles to port.
Renwick next maneuvered the REEFER BADGER out to its original anchorage, at designated anchorage No. 2, and proceeded to attempt to unfoul the anchors. Renwick gave a number of commands in an attempt to free the anchor chains by slacking one chain and heaving on the other. Renwick failed to effectively communicate his commands to the Master or to the mate who spoke English. The Master of the REEFER BADGER was communicating orders to untangle the anchors in Japanese to the Chief Mate, who was located on the vessel’s forecastle. As corroborated by Captain Crauthers, who could hear the commands on the radio, and observe the crew’s actions, the crew at times performed commands contrary to those given by Renwick.
In the course of attempts to untangle the anchors, after approximately 45 minutes to one hour under Captain Renwick’s direction, the REEFER BADGER was blown broadside to the wind, with its bow to the east. The vessel at that time was about one quarter of a mile off shore.
The REEFER BADGER was set downwind toward the eastern shore of Captain’s Bay, in the vicinity of OSI Basin. At this point, the REEFER BADGER’s bow was about 230 feet from the eastern shore.
Renwick ordered “let go anchor chain,” intending that the anchor and anchor chain be detached. Instead, the port anchor was dropped, still attached to the vessel. “Let go anchor chain” is the command that would be used when ordering the anchor dropped for the purpose of anchoring the vessel.
Renwick ordered half astern followed by full astern. At this time, the M/V EIYO called the REEFER BADGER and warned them that they were coming too close to the EIYO. The Master told the second officer to watch out the back, to check the EIYO’s position. The M/V EIYO was located in the center of the bay, and was swinging or “weaving” back and *529 forth in the wind. Renwick was not watching the EIYO, and Captain Yamaguehi notified him of the danger. Renwick told Captain Sanders the next day that he was not sure if the REEFER BADGER had cleared the EIYO before he gave the engine astern order.
The REEFER BADGER reached a state of extremis due to its proximity to the shore and its movement astern toward the M/V EIYO. Captain Crauthers testified that if someone had not taken action, the REEFER BADGER would have grounded. The Master testified that he was worried that if he had followed Ren-wick’s astern order, the REEFER BADGER would have collided with the EIYO.
To avoid a collision with the M/V EIYO, the Master countermanded Renwick’s astern engine order, rang stop on the telegraph, then rang half ahead, and ordered starboard rudder. The REEFER BADGER then moved away from the EIYO, and turned away from the shore and toward the closed end of the bay.
Renwick testified that he informed the Master that he was leaving the ship. If this statement was made by Renwick, it was not effectively communicated to the Master, who testified that he “did not hear” anything about Renwick leaving.
Renwick called Captain Crauthers on VHF radio, stating, “this thing’s about to go aground, I’m not going to be on it when it happens. Come get me.” Captain Crauthers maneuvered the LOWELL S alongside the REEFER BADGER as Ren-wick made a “hurried exit,” leaping from the pilot ladder and landing on his upper chest on the bow of the tug, where a crew member grabbed him to make sure he didn’t fall overboard.
After his departure from the REEFER BADGER, at approximately 6:45 p.m., Renwick contacted Lynda Smith of ALA-MAR on the VHF radio to inform her that there was a problem on the REEFER BADGER. Renwick informed Ms. Smith that he was on the tug LOWELL S, that the crew was not listening to him, and that he felt that the ship was going to ground.

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Cite This Page — Counsel Stack

Bluebook (online)
936 P.2d 526, 1997 A.M.C. 1341, 1997 Alas. LEXIS 28, 1997 WL 71842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-bd-of-marine-pilots-v-renwick-alaska-1997.