I assume that the dive boat 100 ton Captain, had the average level of skills, experience, and ability of a typical 100 ton Captain.
I have been a hired 100 ton Captain on USCG inspected passenger boats. I have also been a 100 ton passenger vessel owner that hired and fired Captains. As in most things, I’m kind of out of date now. Some things may have changed.
These vessels have a COI issued by the USCG that specifies exactly how many crew and what type of crew are required, and how many extra crewmen (if any) are allowed to be onboard. The COI also specifies the watch system. Most 100 ton passenger vessels have only one “day watch” required by the COI.
In some US passenger boat trades, the day crew will actively operate the vessel less than 12 hours a day, and the vessel will anchor, or tie up at a dock, for the night with passengers aboard. There is no licensed mate or night crew specified in the COI. Nor does the COI require any nightwatch while passengers are aboard. Typically, there will be a “lights out” and bedtime of about 10pm. The watchman (who has undoubtedly worked over 12 hours) will go to bed shortly after lights out. There will be no crew on watch at all until the cook gets up at about 5am. The USCG allows this, and it’s a firmly entrenched custom of the trade. I recall an effort by the USCG years ago to require a licensed mate and a deckhand to stand anchor watch at night. This would have increased costs and reduced passenger capacity and revenues. The owners fought this and the USCG relented.
I know that this sounds rather shocking to a deep sea sailor that works a three watch system specified by the COI with a fully manned watch on duty at all times. It even sounds shocking to most tugboatmen that work a two watch system. But there are one watch passenger boats.
I do not know anything about the California sport dive boat business or it’s customs of the trade. I don’t know what the COI of this particular dive boat required or if it was complied with. I do not know anything about the incident. Apparently, many of the posters on gcaptain know a lot more about this incident than I do. However, I suspect that many posters are simply making assumptions based upon their experience, just as I am.
However, as a former captain, and former owner, of USCG inspected small passenger boats, I view this incident through a different lens.
I have a few thoughts about why the Seamen’s Manslaughter Act, is a bad law, perhaps even an unconstitutional law, but I’ll save them for a future post.