MarketSinking of MV Conception
Company Profile

Sinking of MV Conception

The sinking of MV Conception occurred on September 2, 2019 after the 75-foot (23 m) dive boat caught fire and eventually sank off the coast of Santa Cruz Island, California, United States, killing 34 of 39 people aboard. The boat was anchored overnight at Platts Harbor, a small undeveloped bay on the island's north shore, when a fire broke out on the main deck shortly after 3 a.m. The 33 passengers and 1 crew member who were sleeping below the main deck were trapped by the fire and killed. The remaining 5 crew had sleeping berths on the top deck and were able to escape. The five survivors placed an initial mayday call to the Coast Guard and attempted to alert the people below deck but all routes to the main sleeping area were blocked by fire and they were forced to jump overboard. The surviving crew retrieved the Conception's skiff and motored to a nearby boat where a second radio dispatch was made. The rescue and recovery operations were coordinated by the United States Coast Guard.

Boat
, Santa Catalina Island, in May 2000 Motor vessel (initialized "MV") Conception was a liveaboard boat built in Long Beach, California, and launched in 1981. She was one of three dive boats owned by Truth Aquatics, which operated charter excursions from Santa Barbara Harbor for groups of divers interested in exploring the Channel Islands, located close to the coast of Southern California across the Santa Barbara Channel from Santa Barbara and Ventura County. Conception was under charter to Worldwide Diving Adventures (WDA) for a three-day scuba diving excursion over the Labor Day holiday weekend, which was one of WDA's most popular diving tour packages. The boat had been refurbished at a cost of more than $1 million following an incident in 2005 when it had been stolen and run aground. At the time of the fire, Conception was believed to be in compliance with those regulations, and the most recent Coast Guard inspections in February 2019 and August 2018 did not result in any noteworthy violations. The boat was laid out with three decks. The upper deck contained the wheelhouse, crew quarters, and a sun deck lounge area. The main deck, just below the upper deck, included a large cabin, which had a galley (in the forward portion of the cabin) where the crew could prepare meals and a salon (in the aft portion) with seating for meals. The salon was accessed from the stern through a hallway lined with restrooms. The rest of the crew berths were located two decks above, in the aft portion of the wheelhouse on the upper deck. Santa Barbara County Sheriff Bill Brown stated both exits appeared to have been blocked by fire during the disaster. == Fire ==
Fire
Voyage Conception departed Santa Barbara Harbor at 4:04 a.m. on August 31 and arrived at a dive location near Albert Anchorage, on the south side of Santa Cruz Island, by 8:30 a.m. that morning. and two mayday calls were placed at approximately 3:14 a.m. from the wheelhouse of the Conception. The five crew members that had been sleeping on the upper deck jumped down to the main deck and one broke his leg in the process. The second galleyhand was the first to descend, lowering himself after leaving the wheelhouse through the wing station door on the port side of the boat. He tried to go aft to retrieve fire extinguishers, but his path was blocked by smoke and flames billowing out of the salon windows. The first deckhand and second galleyhand then attempted to access the main deck cabin through the center window in the forward section of the boat; although the window was not hot, it could not be opened and only thick smoke could be seen through the window. The first deckhand remembered there was an axe in the wheelhouse just as the captain leapt, but since the captain was the last to leave the wheelhouse, it could not be retrieved. Both the second captain and first deckhand reboarded the stern of Conception, and both were unable to access the lower deck in separate attempts. The first deckhand attempted to enter the engine room on the lower deck to start the fire pump, but the space was filled with white/grey smoke. While waiting for aid, small explosions were heard from the Conception, believed by the crew to be caused by the pressurized dive cylinders bursting from the heat of the fire. One of the distress calls sent from the Conception initially suggested that at least one individual below deck was awake, as a man's voice was recorded screaming "Mayday! Mayday! Mayday! I can't breathe!" However, Glen Fritzler, the owner of Truth Aquatics, clarified the first mayday calls had been made by the captain of the Conception from the wheelhouse before he evacuated from the boat. Emergency response Coast Guard Sector Los Angeles–Long Beach received the mayday calls at approximately 3:14 a.m. Because the captain had abandoned the boat shortly afterward and was unable to respond to follow-up requests, a precise location was not provided and the emergency had not been declared as a fire; the location was estimated from the last automatic identification system broadcast from Conception, and the Sector Command Center (SCC) in San Pedro issued an Urgent Marine Information Broadcast (UMIB) at 3:22 a.m. The SCC telephoned Coast Guard Station Channel Islands Harbor (in Ventura) at 3:23 a.m. to dispatch them to the scene for a medical emergency. Channel Islands Harbor Station personnel radioed the Ventura County Fire Department (VCFD) and requested Medic Engine 53 (the closest unit) to respond to the scene aboard a Coast Guard vessel which was preparing to leave. Although the two initial-response RB-Ms onsite had portable dewatering pumps that could be used for firefighting, the VCFD determined they would not be effective, and they began searching the waters for survivors, as the magnitude of the fire aboard Conception meant there was no one left alive on board the vessel. The Coast Guard suspended their search for survivors at 9:40 a.m. on September 3 after spending 23 hours combing of the waters north of Santa Cruz Island with five MH-65 Dolphin helicopter crews, two Response Boat – Medium crews, and the Narwhal. == Victims ==
Victims
All 33 of the Conceptions passengers and one of its six crew members were killed the night of the fire; the other five crew members, including the captain, escaped with injuries. The 34 killed were all sleeping in the lower deck bunkroom. Divers located 25 bodies by September 2, while nine other people remained missing. Four floating bodies were initially recovered at the time of the sinking, and another sixteen were pulled from the water later. Another five bodies were visible in the vessel but unreachable because of concerns about unsafe conditions on the boat. The Coast Guard suspended search efforts on the morning of September 3, as it required the wreckage to be stabilized before searching it for further bodies. At that time, the unaccounted victims were presumed dead. The last body was located by divers from the Santa Barbara County Sheriff and recovered on September 11. Most of the victims were from California. One couple was from Arizona. Two of the victims were confirmed to be Singaporean. Two victims were from India, living in Stamford, Connecticut. Two of the victims were students at an elite Santa Cruz high school. It is believed that the youngest was age 16 and the oldest were in their 60s, with a majority of the victims from Santa Cruz and the Bay Area. DNA from family members was used by the Santa Barbara County coroner to identify the bodies. Identification was delayed by the loss of the onboard passenger manifest and difficulties in locating a second copy. All 34 victims were identified by September 12. determined by toxicology tests showing lethal levels of carbon monoxide in their blood and the presence of black soot in their tracheas. The coroner was unable to determine the victims' locations within the bunk room, but several were found wearing shoes or sandals, jackets, and one was holding a flashlight; ==Investigation==
Investigation
Truth Aquatics had a good reputation locally, and maintained their boats in good condition, according to state Senator Hannah-Beth Jackson, who represented the Santa Barbara area. The National Transportation Safety Board (NTSB) launched a go team on September 3 to the accident to investigate. The on-scene portion of the investigation was scheduled to last for ten days, with the objective to determine the cause of the fire and verify the safety measures that had been aboard Conception. Speaking on September 3, Member Homendy said she was "one hundred percent confident that we will learn the why and the how" behind the accident. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) immediately responded, but investigatory agents did not arrive until September 7, to investigate the point of ignition and cause of the blaze. On September 9, law enforcement sources told the Los Angeles Times that a joint federal criminal investigation was underway, led by the Coast Guard, joined by the FBI and ATF, and under the oversight of the United States Attorney for Los Angeles. The focus of the investigation is on records retrieved from the offices of Truth Aquatics, prompted by a preliminary investigation which indicated potential deficiencies in crew training, passenger safety briefings, and the failure to use a roaming "night watchman". On September 11, the Coast Guard announced it would convene a formal Marine Board of Investigation (MBI) for the fire and loss of Conception. The four members of the MBI will determine contributing factors, including whether the actions of certified people or any Coast Guard or government personnel may have contributed to the loss. The Coast Guard named Captain Jason Neubauer as the chair of the MBI. However, the MBI had not been convened by October 2020. Some parts of the boat have been removed and sent to laboratories for further examination. Salvage Derrick barge Salta Verde () arrived at Santa Cruz Island to assist with the salvage operation on September 4. Divers examined the wreckage to prepare to raise it, but high winds and heavy seas hampered the recovery plans. The FBI assisted this portion of the investigation due to their experience in evidence preservation. DB Salta Verde transported the boat to a secure location at Naval Base Ventura County through the Port of Hueneme on September 13. The wreck of Conception was inspected over the next thirteen days by the Coast Guard, Bureau of Alcohol, Tobacco, and Firearms, Federal Bureau of Investigation, and the Santa Barbara Fire Department. National Transportation Safety Board investigators were permitted to examine the wreck on September 24 and 25. One of the surviving crew members theorized the fire may have started in the salon of the ship, where cellphones and cameras had been plugged in to charge overnight. The designer of the vessel speculated the fire may have begun in the bunk area, possibly sparked by a lithium battery. Boats made at the time the Conception was built were not installed with electrical systems that could handle the number of rechargeable devices carried by current passengers, who often bring cell phones, cameras, and lighting systems for their dives. The sheer number of devices charging at once may have overloaded circuits, or the devices' lithium-ion batteries may have overloaded. In October 2018, two passengers aboard the sister ship Vision saw a battery and charger catch on fire in the aft portion of the salon; one unplugged it and dunked it in a bin of rinse water, and the other emptied a fire extinguisher onto the aft bookcase where it had been plugged in. The NTSB planned to take remnants of any devices charging in the boat to their headquarters near Washington, D.C. for further examination. Areas of concern While there were smoke detectors on the Conception, the surviving crew did not believe any alarms sounded before they discovered the fire. The detectors were of the standard type for home use, which, at the time both Conception and Vision were built, met existing safety requirements. MSIB 008-19 also advised that firefighting and lifesaving equipment should be checked immediately to ensure it is onboard and operational. in violation of the conditions in the vessel's Certificate of Inspection MSIB 008-19 advised owners, operators, and masters to review the vessel's Certificate of Inspection to ensure that crewmembers are aware of and understand any conditional requirements, including any crewmember obligations during an emergency. In addition, emergency escapes were to be clearly identified, verified functional, and free of obstructions. A lawyer representing Truth Aquatics disputed this assertion, and stated that one crew member had checked on the galley area around 2:30 a.m. on September 2. Officials believed that all the deceased sleeping below decks had died from smoke inhalation before they were burned. The NTSB released findings from its report on the incident on October 20, 2020. The report stated that the deaths may have been prevented if the boat had a roving watchman, as required by regulations. Investigators found several bodies wearing shoes, and believed that some of the victims may have been awake and trying to escape before being overcome by smoke. Member Homendy added "Some people may walk away and say, 'Well, I wish I knew what the ignition source was.' But the key here is that the focus should be on conditions were present that allowed the fire to go undetected and to grow to a point where it prevented the evacuation." A spokesman for the Coast Guard stated the agency had embarked on a concentrated inspection campaign for every small passenger vessel with overnight accommodations shortly after the preliminary results had been determined. Because the required Coast Guard vessel inspection occurs in port, without passengers embarked, there is no way to verify compliance with the night patrol requirement. The NTSB has no regulatory enforcement ability and relies on other agencies to implement the recommendations from its investigations. Sumwalt added "This tragedy did not need to happen. We hope that our actions from today will prevent such disaster in the future." Truth Aquatics was also faulted for "deviating from required safe practices for some time" prior to the accident, despite their reputation for operating, according to a former captain of the sister boat Vision, "the safest boats on the coast". because the fire likely started in the salon, away from the passenger berths and the galley area, the fire was already well-developed by the time the smoke and heat detectors could alarm. If the smoke detectors were deployed in all passenger spaces, not just their sleeping berths, and were interconnected so that all would alarm when any one detected smoke, that would have increased the chance the fire could have been detected early enough to allow for effective firefighting and evacuation. ATF investigation Slim Jim polyethylene trash can in 2019. A confidential ATF report authored in January 2021, and reported in September 2023, concluded that the fire began in a plastic trash can below the stairs leading up to the main deck, which blocked the escape route of passengers from the bottom deck. The ATF's investigation used burn tests simulated on a full-scale recreation of the vessel's main deck, and found that the flames would have blocked all escape routes soon after ignition, and any winds blowing would have spread the fire even more quickly. Contrary to the NTSB's investigation, the ATF found that there was no evidence to support that the fire originated from a power strip where passenger's batteries were charging. == Legal action ==
Legal action
Truth Aquatics filed a lawsuit on September 5, 2019, in the United States District Court for the Central District of California, seeking to limit its liability under the Limitation of Liability Act of 1851. This was an apparent attempt to limit its liability for monetary damages to the value of the ship. Under the terms of the lawsuit, the ship valuation was assessed after it sank; because the insurer had deemed it a total wreck, the value was . The first lawsuit against Truth Aquatics was filed one week later on September 12, by one of the surviving crew members from Conception. The civil lawsuit, filed in Ventura County Superior Court against Truth Aquatics and Worldwide Diving Adventures, claimed the crew had not received proper training nor was the boat outfitted with appropriate emergency equipment. A counterclaim against the original limitation of liability suit was filed in November 2019 by the spouse of a passenger who died aboard Conception, seeking funeral expenses and wrongful death, survival, and punitive damages. In January 2020, attorneys representing the families of four victims also responded to the original suit with wrongful death claims, claiming "The defendants killed these victims by breaking the law and failing to have a roving night watch whose job was to prevent the very catastrophe that occurred." By December 2020, 32 of the victims' families had filed claims against Truth Aquatics. , Truth Aquatics had sold its two remaining liveaboard dive vessels. Truth Aquatics agreed to pause their earlier suit to limit liability until the lawsuits filed by the families of the victims are resolved. A criminal investigation against the captain was carried out in summer 2020. In December 2020, the United States Attorney's office for the Central District of California announced the captain of the Conception had been indicted by a federal grand jury for 34 counts of seaman's manslaughter; the text of the indictment stated that the captain was responsible for the disaster "by his misconduct, negligence, and inattention to his duties". He pleaded not guilty to the charges in February 2021. In August 2022, the judge dismissed his indictment as defective without prejudice because prosecutors used negligence instead of gross negligence in their presentation to the grand jury. A new indictment was issued on October 18, 2022. On November 6, 2023, the captain, Jerry Nehl Boylan, was found guilty of one count of misconduct or neglect of ship officer, colloquially known as "seaman’s manslaughter". Boylan was freed on $75,000 bond before being sentenced on May 2, 2024, to four years in prison followed by three years of supervised release for his criminal negligence. The families of the victims filed a federal lawsuit against the Coast Guard in September 2021, alleging that its failure to enforce regulations led to the fire and deaths. == Aftermath ==
Aftermath
California Governor Gavin Newsom issued a statement through Twitter praising the efforts of the emergency medical workers and offering his condolences to the families and loved ones affected. The memorial was moved from Sea Landing to the end of the harbor breakwater in November 2019, adjacent to the existing "Lost at Sea" memorial, sculpted by Bud Bottoms and dedicated in June 2005. A permanent memorial for the victims of the Conception fire was dedicated at the site on September 2, 2020, the first anniversary of the disaster; the list of victims was written on a plaque and affixed to a boulder in Platts Cove. Another memorial is being designed for a planned California Islands museum in Carpinteria, incorporating one of the propellers from Conception. Truth Aquatics suspended operations on their remaining two boats following the disaster. In June 2020, the Coast Guard awarded the Meritorious Public Service Award, one of its highest civilian honors, to Paul Amaral, captain of the TowBoat US vessel that towed the still-burning Conception into deeper waters. == Legacy ==
Legacy
The United States House of Representatives Subcommittee on Coast Guard and Maritime Transportation held a hearing on November 14, 2019, to discuss commercial and passenger vessel safety. Brian Curtis, the director of the NTSB's Office of Marine Safety, testified before the Subcommittee, reiterating the investigation into the sinking of Conception was still in progress and that it would focus on the wreck itself as well as other factors such as current regulations, fire alarm and warning systems, evacuation routes, training and company policies and procedures. Members of the Subcommittee asked the Coast Guard representative, Rear Admiral Richard Timme, what actions the Coast Guard was taking after the Los Angeles Times published an investigative story on November 12 stating the Coast Guard had often failed to implement safety recommendations from the NTSB. In response, Timme vowed the Coast Guard would "wholly fulfill our regulatory oversight role to keep the maritime public safe" and would adopt new regulations immediately after they are published by an internal task force developing inspection rules for vessels similar to Conception. In December 2019, Rep. Salud Carbajal, whose district includes Santa Barbara, Rep. Julia Brownley and Sen. Dianne Feinstein introduced the Small Passenger Vessel Safety Act of 2019 to mandate some of the recommended changes. The bills have been incorporated into the National Defense Authorization Act for Fiscal Year 2021. The families of the victims have continued to advocate for legislation to implement the NTSB recommendations for improvements in fire and safety training and additional monitoring devices. In February 2021, Vice Admiral Scott Buschman of the Coast Guard announced his concurrence with the NTSB recommendations. A "concentrated [Coast Guard] inspection campaign" of vessels with overnight accommodations was undertaken after the fatal fire aboard Conception and the results of that campaign, said Buschman, will be used to update the inspection program. In December 2021, the Coast Guard issued interim rules implementing many of the safety recommendations from the NTSB's investigation report. These rules were criticized by victims' families for not creating a requirement for safety management systems on small passenger vessels, ==See also==
tickerdossier.comtickerdossier.substack.com