By Steve Williams

No official sanction will be taken against the licensed captain of the fish tender Ola Jean for his actions the night his boat rammed and sunk the gillnetter Riptide.

That’s because a provision in maritime law exempts tender and fishing boat captains from personnel licensing requirements.

Had Ola Jean captain Richard LeMay been operating a freight or passenger vessel, he could have been cited for negligence in violating a federal maritime law requiring that a competent lookout be kept, said investigator Ensign Marie Netteshiem.

"We could have easily gotten him for negligence, and possibly suspended his license. But he wasn’t operating under his license. It’s not something we like to admit, but our hands are tied," Nessheim said.

LeMay, a lifetime mariner, holds a Coast Guard master’s license to operate vessels up to 3,000 gross tons. The 110-foot Ola Jean is rated at 199 gross tons. It was under contract to haul salmon for Juneau-based processor World Seafoods Producers.

The Coast Guard this week released its Investigating Officer’s Statement into the July 25 incident in which the 110-foot tender crashed into the stern of the Riptide as the 30-foot gillnetter hung on its net.

According to Commander Steve Ohnstad, commanding officer of the Coast Guard Marine Safety Office in Juneau, the case demonstrates the guard’s limits in regulating fishing vessels. "It’s pretty common. If he had been in command of a vessel that was under the licensing requirements, we would have authority to take action."

Netteshiem’s report doesn’t specifically fault LeMay for the collision. But Netteshiem notes that the mate on watch when the Ola Jean hit the Riptide, LeMay’s brother John, suffers from monocular vision, which likely impaired his ability to steer through a group of boats fishing near St. James Bay about 50 miles south of Haines.

The report also is critical of the way equipment was stored on the deck of the ship, which may have led to false radar readings leading up to the crash.

Netteshiem’s report describes the confusion in the wheelhouse as the Ola Jean approached the Riptide.

Around 11 p.m. LeMay left his brother at the helm and went below to prepare equipment for loading fish. A half hour later, John LeMay called Robert back up to the wheelhouse to help him run the tender through a group of gillnetters.

"(Robert LeMay) arrived on bridge and began looking at the radar. He stated that no vessel was in their path. The helm is located on the on the port side of the bridge and the radar is on the starboard side of the bridge. At that point, the Ola Jean heard a loud thump," Netteshiem wrote.

The radar signal may have been scattered by the equipment on deck, making the Riptide invisible as the Ola Jean approached. "The radar used to locate other vessels may have been partially impaired in certain sectors due to scatter of the beam by the equipment, (port crane in raised position and fish processing equipment) on the deck in front of it. Mr. LeMay’s impaired vision and uncertainty led to (the Riptide) being missed while still visible above the bow and by the radar. By the time the master arrived on bridge, the Riptide was already hidden.

"Due to the weather, the mate’s disabilities, and the vessel’s layout, (U.S. maritime law) was not followed properly. Rule 5 states that a competent helmsman must be maintained at all times…In this case, the helmsman was not suitable as a lookout as the vessel had an obstructed view and the mate had impared vision," Netteshiem wrote.

She also wrote that medical issues may have begun to hinder Robert LeMay’s ability to effectively run a vessel. "The master is losing his mental clarity…He had difficulty performing the most normal of tasks; tasks he should be very familiar with due to the frequency of use in his occupation required unusual effort and time."

LeMay, who lives in Ketchikan, was unavailable for comment.

The report was also critical of Riptide captain Marty Smith for not displaying proper signal lights showing that the gillnetter was fishing. "Also, the Riptide should not have had its running lights on since it was not underway," Netteshien wrote.

Smith radioed the Ola Jean after the collision, and motored alongside the tender. He and his deckhand, nephew Lance Smith, boarded the Ola Jean and watched the Riptide sink in 160 fathoms near Point Whidbey. No one was injured in the incident. Alcohol breathalyzer tests of the four on aboard the Ola Jean were negative. Drug tests on the crew and two passengers of the Ola Jean were inconclusive, Netteshien wrote.

Marine Safety Office commander Ohnstead said expanding maritime licensing laws to the fishing industry likely won’t happen soon. "Congress hasn’t seen fit to require licensing for fishing vessel captains. When Congress sees a need, then the Coast Guard will move in that direction. Fishermen tend to be an independent lot. They’re not too interested in being regulated."