Ship Pilot Charged in San Francisco Bay Oil Spill

Ship Pilot Charged in San Francisco Bay Oil Spill

April 2008 - The pilot of the 
container ship that collided with the San Francisco Bay Bridge last 
November resulting in a 58,000 gallon oil spill, was charged Monday with 
violating two federal laws, the Clean Water Act and the Migratory Bird 
Treaty Act. 
According to the criminal charges filed in U.S. District Court in San 
Francisco, John Joseph Cota was pilot of Hanjin Shipping's 810 foot long 
container ship Cosco Busan on November 7, 2007. 
The U.S. Justice Department and the State of California allege that Cota 
negligently caused the discharge of approximately 58,000 gallons of heavy 
fuel oil from the Cosco Busan in violation of the Clean Water Act, as 
amended by the Oil Pollution Act of 1990. 
According to the charges, while piloting the ship from port in heavy fog 
at 8:30 am, Cota failed to pilot a collision free course and failed to 
adequately review the proposed course with the captain and crew on 
official navigational charts. 
Further, he failed to use the ship's radar as he approached the Bay 
Bridge, use positional fixes or verify the ship's position using official 
aids of navigation, throughout the voyage. According to the charges, these 
failures led to the Cosco Busan striking the bridge and spilling the oil. 

Cota was licensed by the U.S. Coast Guard and the State of California as a 
Bar Pilot. He was a member of the San Francisco Bar Pilots and had been 
employed in the San Francisco Bay since 1981. Pilots are licensed 
professionals who are responsible for navigating ships through challenging 
waters. In California, large ocean-going vessels are required to be 
piloted when entering or leaving port. 
As a result of the Cosco Busan oil spill, approximately 2,000 birds died, 
including brown pelicans, marbled murrelets and Western grebes. The brown 
pelican is a federally endangered species and the marbled murrelet is a 
federally threatened species and an endangered species under California 
law. 
Cota is charged with one count of violating the Clean Water Act and one 
count of violating the Migratory Bird Treaty Act,. The maximum penalty for 
a misdemeanor violation of the Clean Water Act is one year in prison and a 
$100,000 fine, and the maximum penalty for a misdemeanor violation of the 
Migratory Bird Treaty Act, is 6 months in prison and a $15,000 fine. 
The Cosco Busan was carrying container cargo bound from Oakland to South 
Korea when she hit the base of the second tower west of Yerba Buena 
Island, striking the fender that protects each tower from damage. The 
bridge was not damaged, but the hull of the vessel was ripped open, 
spilling oil into San Francisco Bay. 
Officials closed Baker Beach, Crissy Field, China Beach, Kirby Cove and 
Fort Point due to oil contamination. 
The investigation into the incident is ongoing and is being conducted by 
the Coast Guard Investigative Service, the U.S. EPA Criminal Investigation 
Division, the Federal Bureau of Investigation, the U.S. Fish and Wildlife 
Service and the California Department of Fish and Game, Office of Spill 
Prevention and Response. 
Under the Crime Victims' Rights Act, crime victims have the right to 
attend all public hearings and provide input to the prosecution. Those 
adversely impacted by the oil spill are encouraged to visit: 
http://www.usdoj.gov/usao/can/community/notifications to learn more about 
the case and the Crime Victims' Rights Act.

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