Tragic Dive boat fire in California

NTSB Calls Out Lack of Progress in Implementing Safety Recommendations Following Conception Dive Boat Fire

Mike Schuler

September 1, 2022

The U.S. National Transportation Safety Board (NTSB) says more need to be done to implement safety recomendations in wake of the Conception dive boat fire.

Now three years since the incident, only one of the three associations with members operating small passenger vessels with overnight accommodations have implemented the NTSB recommendations.

The Conception was anchored in PlattsHarbor, off Santa Cruz Island, California, when it caught fire in the early morning of September 2, 2019. The vessel burned to the waterline and sank less than 100 feet from shore, killing 34 people who were sleeping below deck in the bunk room. 33 passengers and one crew member lost their lives.

Following the investigation, the NTSB issued 10 new safety recommendations: seven to the U.S. Coast Guard, two to associations that have members operating small passenger vessels with overnight accommodations, and one to Truth Aquatics, Inc., the operator of the vessel. The NTSB also reiterated its 2005 recommendation for the Coast Guard to require all U.S.-flag passenger vessels to implement a safety management system. Since 2005, the NTSB has investigated four passenger vessel accidents, including the Conception, where the lack of an SMS was an issue.

According to the NTSB, so far only the Passenger Vessel Association has taken sufficient action to satisfy the NTSB recommendations, while the Sportfishing Association of California and the National Association of Charterboat Operators have yet to respond.

“Three years ago, I made a promise to the victims’ families that I would vigorously work to ensure the safety recommendations we issued would be implemented,” said Chair Jennifer Homendy. “While I am encouraged by the progress that has been made, more work needs to be done. NTSB will continue to push until these recommendations are fully implemented.”

The Elijah E. Cummings Coast Guard Authorization Act of 2020 mandates that the USCG carry out all of the NTSB recommendations issued or reiterated as a result of the Conception investigation.

“We appreciate Congress addressing these safety issues in legislation, and for the cooperation and partnership of the Coast Guard,” said Chair Homendy. “But this shouldn’t have taken an act of Congress to improve safety. Passenger vessel owners and operators should act now to ensure no one else loses a loved one in another tragedy on our waterways.”

NTSB encourages operators of vessels with overnight accommodations to:

• Install smoke detectors in all accommodation spaces and ensure they are interconnected so when one detector goes off, they all do. While the Conception berthing space did have smoke detectors, they were the only ones on the vessel and would only alarm locally in the berthing space and not throughout the entire vessel.
• Ensure that the primary and secondary emergency escape paths do not lead to the same space, which can be blocked by a single hazard. The Conception had two means of escape from the lower deck bunk room, but both led into the salon on the deck above, which was filled with heavy smoke and fire. Tragically, the salon compartment was the only escape path to the outside weather deck. Because there was fire in the salon, the passengers and a crew member were trapped below.
• ?Vessel owners and operators should review the requirements of the Certificate of Inspection (COI) and ensure they adhere to the conditions of operation such as designating and maintaining roving patrols at all times when bunks or berthing spaces are occupied. Our investigation found that the Conception fire was uncontrollable by the time it was discovered because no crew members were assigned roving patrol duties on board the Conception, even though it was a condition of operation on their COI.
• Keep escape routes unobstructed at all times.
• Implement a safety management system. Had an SMS been implemented, Truth Aquatics could have identified unsafe practices and fire risks on the Conception and taken corrective action before the tragedy occurred.

Captain of Dive Boat Found Guilty of ‘Seaman’s Manslaughter’ in California Tragedy

Mike Schuler

November 7, 2023

In a late afternoon verdict on Monday, Jerry Nehl Boylan, the captain of the Conception dive boat, was found guilty by a jury of one count of misconduct or neglect of ship officer, commonly known as “seaman’s manslaughter.”

The tragic incident occurred on Labor Day in 2019 near Santa Cruz Island, resulting in the deaths of 33 passengers and one crew member who had been sleeping below deck.

The Conception, a 75-foot passenger vessel, caught fire while anchored in Platt’s Harbor during a dive trip. The fire quickly engulfed the boat, leading to its sinking and the loss of 34 lives. Five crew members, including Boylan, managed to escape and survive.

During the trial, evidence revealed that Boylan, as the captain, committed a series of failures that contributed to the disaster. The jury found that his misconduct, gross negligence, and inattention to his duties resulted in the deaths of the victims. These failures included abandoning the ship instead of rescuing passengers and failing to provide proper training, diligence, and life-saving measures.

The National Transportation Safety Board (NTSB) determined that the owner and operator of the Conception, Truth Aquatics, Inc., failed to provide effective oversight of the vessel and its crew operations. This lack of oversight allowed an undetected fire to grow, ultimately causing the tragedy. The NTSB also highlighted the absence of smoke detection in all accommodation spaces and inadequate emergency escape arrangements as contributing factors to the high loss of life.

Boylan, who was responsible for the safety and security of the vessel, its passengers, and its crew, was found guilty for his failures. These included the absence of a night watch or roving patrol, insufficient fire drills and crew training, and the failure to provide firefighting instructions or use available firefighting equipment.

In his defense, Boylan’s lawyers blamed the vessel’s owner for not requiring night patrols or fire training. They also argued that he broadcasted a distress call before jumping overboard when he believed he wouldn’t survive.

United States Attorney Martin Estrada said he hopes that the verdict brings solace and closure to the loved ones of the victims.

“This ship captain’s unpardonable cowardice led to the deaths of 34 lives on Labor Day 2019. As the jury found, this tragedy could have been avoided had Mr. Boylan simply performed the duties he was entrusted to carry out,” said Estrada.

Donald Alway, the Assistant Director in Charge of the FBI’s Los Angeles Field Office, emphasized the importance of proper training and diligence.

“Let this tragedy be a lesson to anyone who commands a boat with vulnerable passengers that proper training, diligence and life saving measures – when called for – are necessary to safeguard those left in one’s charge,” Alway said.

Coast Guard Investigative Service Director Jeremy Gauthier called the guilty verdict a testament to seeking justice and honoring the memory of those lost. He praised the collaborative efforts of multiple agencies in uncovering critical evidence.

The sentencing hearing for Boylan is scheduled for February 8, 2024. He is currently free on a $75,000 bond.

Conception Dive Boat Captain Sentence to Four Years in Prison Over 2019 Tragedy

The captain of the dive boat Conception that caught fire and sank off the California coast in 2019, resulting in 34 deaths, has been sentenced to four years in prison over the tragedy.

Jerry Nehl Boylan, 69, of Santa Barbara, was convicted in November 2023 of “seaman’s manslaughter,” a crime punishable by up to 10 years in federal prison.

The Conception, a 75-foot passenger vessel, was involved in a tragic fire in September 2019 while anchored near Santa Cruz Island, resulting in the deaths of 34 people who were asleep below deck. Only five crewmembers, including Boylan, were able to escape and survive.

According to evidence presented at a 10-day trial, Boylan committed a series of failures — including abandoning his ship instead of rescuing passengers — that resulted in the disaster and led to the deaths of the 34 victims.

The jury found that Boylan had failed his responsibilities in several ways during the incident. These included not having a night watch, insufficient fire drills and crew training, not providing firefighting instructions or using firefighting equipment, not performing any lifesaving or firefighting activities, not warning passengers and crew about the fire, and abandoning ship while passengers and a crewmember were still trapped below deck.

In his defense, Boylan’s lawyers blamed the vessel’s owner for not requiring night patrols or fire training. They also argued that he broadcasted a distress call before jumping overboard when he believed he wouldn’t survive.

The National Transportation Safety Board (NTSB) determined that the owner and operator of the Conception, Truth Aquatics, Inc., failed to provide effective oversight of the vessel and its crew operations. This lack of oversight allowed an undetected fire to grow, ultimately causing the tragedy. The NTSB also highlighted the absence of smoke detection in all accommodation spaces and inadequate emergency escape arrangements as contributing factors to the high loss of life.

He only got 4.
Should of been at least 20.
His crew and owners should spend time with him also.
Of all these people, somebody knew better or should of known better and what they were not doing correctly; that caused these horrific deaths.

Those ****** batteries were just the spark. Lack of proper watch, fire plan and abandonment killed those folks.

I typed this,
They survived, Send them all to jail..
Pissed, Dam rite. So are the surviving families.
Ralph

Hang on, let me repeat this; The Captain got paid for doing his very best to ensure the safety of the passengers, He failed..
No Stuff.
Next, Those that paid him also failed.
Here is where the employer/boat owner is responsible also.

But wait, there's more;
There was some squashed issues of prior inspections and lack of; Escape plans, fire plans, fire drills, safety drills.
Also compares to a sister ship. None of this has been mentioned in a long while.
IMO; further requires more to go to jail.

As with the wild and murderous plights on South Florida waterways (2 homicides on the feather beds last week), More need to be in prison.