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Post by Scott on Oct 29, 2007 18:15:26 GMT -8
From News1130: BC Ferries facing lawsuit after incident with American fishing boat Monday, October 29 - 12:53:32 PM Karen Thomson TSAWWASSEN (NEWS1130) - An American fishing boat captain is suing BC Ferries over a 'near miss' two years ago. Kenneth Peltier filed the suit in B.C. Supreme Court, claiming he was fishing off Point Roberts in October 2005 when the Queen of Tsawwassen narrowly missed his boat and ran over his net.
The lawsuit claims Peltier's boat, the 'Cotton Picker' was well lit and its net was well marked with lights, corks and buoys, but he says the crew of the ferry failed to keep a proper lookout. He claims he was thrown to the bow of his boat, injuring his head, neck, spine and back.
He's suing for his own injuries and for the loss of his net, the chum salmon in the net and the ship's engine. BC Ferries hasn't yet filed a statement of defence.
www.news1130.com/news/local/article.jsp?content=20071029_155332_4448 Just happened to hear this news clip earlier in the day. Sounds like this guy has a case although I thought the rule of the sea was for the smaller boats to give way to larger vessels. And it happened 2 years ago - seems like a long time to wait to sue.
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Post by Ferryman on Oct 29, 2007 18:24:38 GMT -8
If I remember the rules of the water from the boaters course I took a few years ago (though I'm a bit rusty now)....if the smaller vessel is fishing, the bigger one must give way. Same difference with Sail Boats, but only if the boat has a sail up. Otherwise yes, the bigger one rules most of the time, and the smaller one must give way accordingly. But fishing in a straight shot path of the Ferry, probably wasn't the brightest idea either. It will be interesting to see the otherside of the story.
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Quatchi
Voyager
Engineering Officer - CCG
Posts: 930
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Post by Quatchi on Oct 29, 2007 18:35:42 GMT -8
I am not 100% sure of this, but I believe that it is illegal to fish in charted shipping lanes. Then if I pull out my nautical charts of the Straight of Georgia the area in question is clearly marked as a shipping lane. It looks like Mr. Cotton Picker is trying to turn things around here. Once again not 100% sure on weather or not it is illegal to fish in charted shipping lanes, but 100% sure that he was in one or really close to one.
Cheers,
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Post by Nucksrule on Oct 29, 2007 19:07:20 GMT -8
I am not 100% sure of this, but I believe that it is illegal to fish in charted shipping lanes. Then if I pull out my nautical charts of the Straight of Georgia the area in question is clearly marked as a shipping lane. It looks like Mr. Cotton Picker is trying to turn things around here. Once again not 100% sure on weather or not it is illegal to fish in charted shipping lanes, but 100% sure that he was in one or really close to one. Cheers, That may be true, but if he was off Point Roberts, which is a bit southeast of Tsawassen, that is kind of away from where the chartered shipping lane would be. Not to mention that he was probably in U.S. waters.
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Deleted
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Post by Deleted on Oct 29, 2007 20:21:51 GMT -8
People used to fish in Active Pass during the 60's and 70's. Many of them had to dodge the Ferry with their boats, and it's a miracle that there weren't any serious accidents.
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Post by Hardy on Oct 29, 2007 21:57:30 GMT -8
Does anyone here find it interesting that he is suing for the lost fish in the net? Did he recover the net to see how many fish(es) were in it? How can he accurately estimate his loss in this regard? I would also question as to whether he had the proper licenses and whether he was in US or Canadian waters. I would imagine American waters, as it appears to be a US lawsuit - although the article did not make that too clear. Canadian fish(es) do have the little "Made In Canada" maple leaf logo, right?
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Mirrlees
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Bathtub!
Deck Engineer- Queen of Richmond
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Post by Mirrlees on Oct 29, 2007 22:12:35 GMT -8
This sounds to me that somebody's trying to get rich quick. I mean come on, it's taken him 2 years to file suit! As Chris said it's not a bright idea to fish in the path of a ferry terminal. This man's supposed "injuries" may or may not be caused by this incident although, he is entitled to his day in court. Let's see what BCFS side of the story is....
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Quatchi
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Engineering Officer - CCG
Posts: 930
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Post by Quatchi on Oct 29, 2007 22:13:18 GMT -8
I see how the guys exact location could play a part in this. Also if he was in American waters I don't know if it is still illegal to fish in charted shipping lanes. Still unless the Tsawwassen was taking the scenic route common sense would tell you not to fish near the Tsawwassen terminal and he shouldn't have been in that position.
There's a reason "Caution Hot" is printed on coffee cups.
Cheers,
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Post by kylefossett on Oct 29, 2007 22:37:11 GMT -8
the marked shipping lanes run north and south in the center of georgia strait. the route that the ferries take is just that, the route they take
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Post by stvfishy on Oct 30, 2007 6:26:41 GMT -8
I was going to bring up the fact that route 1 goes into US waters pretty much right out of Tsawwassen. I was on about mid 90s(October I think)-->looked like they had a fishery open in the US side. The Spirit looked like it diverted around the corner (indirect approach out of Active Pass) as the US portion was filled with small boats and lights. In fact I think before boarding there was a service notice about a delay and we were ~45-60 min late. I am curious how this Xing through the US works - a few different questions it raises. Probably have to start a new thread dedicated to international US<-->Canada crossings. In that tangent I would include how someone recently mentioned elsewhere - I think related to the CR's initial voyage - Haro Strait was international managed. Hmmmmmmm
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Post by Barnacle on Oct 30, 2007 7:01:25 GMT -8
That may be true, but if he was off Point Roberts, which is a bit southeast of Tsawassen, that is kind of away from where the chartered shipping lane would be. Not to mention that he was probably in U.S. waters. All of Puget Sound lies to seaward of the demarcation line between international COLREGS rules and inland U.S. waterway rules, so I'd suspect that Point Roberts and vicinity are playing by international rules as well.
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Post by kylefossett on Oct 30, 2007 11:13:04 GMT -8
if you are on a vessel and go into american waters from canadian waters you are allowed. this is along as you don't set foot onshore until you have cleared customs. there is the possiblilty that you will have visitors from the american coast guard. if it looks like you are doing something wrong then they will visit your vessel
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Post by queenofcowichan on Oct 31, 2007 11:50:34 GMT -8
I have no sympathy for any FOOLISH Fishing boats that decided they must fish anywhere near BC Ferry terminals or in thier traffic Lanes. They guy probably got what he deserved!
Sorry to have such a harsh stand on this subject, but So many times I have arrived or departed from Tsawwassen and sure enough some stupid fishing boat is fishing just out side of the berths. There are signs that say STay Clear! I am amazed that they think they have a right to fish anywhere they choose, but in the path of a BC Ferry or other Marine Traffic lanes where they know they are impeding in other vessles way is just plain stupid.
I have personally witnesed fishermen in thier little skiffs comming into the berths at Tsawwassen and zipping through the Dolphins and under the walkways and I have NO Regard for these idiots. They get run over buy a Ferry, Well they get what they deserve!
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Post by Nucksrule on Nov 4, 2007 11:52:52 GMT -8
As much as commercial fishermen are an issue out front of Tsawassen, leisure boaters from the beach on the causeway can be as big of a nuisance as well. They have delayed sailings I have been on before while they run around under the docks joyriding.
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