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Steve Turner
Can No Longer Skipper Without Hearing Person Aboard Craft
A San Diego recreational fisherman was ordered by the Coast Guard to terminate his voyage Sept. 9 because he is deaf. The order came after an encounter with a patrol boat in San Diego Bay.
Steve Turner, 52, of South Park, was inbound aboard his 23-foot Parker Flying Fingers, when a Coast Guard patrol boat stopped him at 7 p.m., about 200 yards west of the Zuniga Jetty. Turner was returning from a daylong albacore trip with three passengers, all deaf.
“I was entering the harbor, and there was an outbound cruise ship about three-quarters of a mile away,” said Turner in an e-mail interview. “I saw this Coast Guard patrol boat coming full speed towards me with blue lights flashing, and when I looked around, there were no other boats except me, so I began to wonder why.”
The patrol boat intercepted Flying Fingers and instructed Turner to make sure he steered well clear of the cruise liner.
In response to possible terrorist threats, Coast Guard San Diego has established a cruise-ship security zone that prohibits vessels from operating within 100 yards of any cruise ship entering, moored in, or departing San Diego Bay unless authorized by the Coast Guard Captain of the Port to do so.
Turner communicated to the boarding officer that his original course on the right side of the channel would have left more than a 100-yard buffer, but he agreed to steer even farther from the ship. Turner estimates that his original course - on autopilot - would have brought him no closer than 100-to-150 yards to the cruise ship.
Turner changed course but was quickly pulled over again.
“Before the cruise liner approached, we got stopped again,” Turner said. “We spent about an hour on the water, with the patrol boat bumping into my boat in the middle of the bay, while the officer in charge talked on his cell phone to what I assumed to be the main Coast Guard office.”
While the boats drifted, the cruise liner passed by.
The patrol boat then escorted Flying Fingers to the Shelter Island launch ramp and issued a citation for “inability to comply with navigation rules” and “unsafe conditions creating especially hazardous conditions. Terminated use.” Turner was also cited for a paperwork violation.
The boarding officer, Petty Officer 3rd Class Joseph Jinks, communicated by writing on a note pad that since Turner was deaf, he could no longer operate his vessel - effective immediately, Turner said.
Turner asked Jinks to point out a specific navigation rule that bars the deaf from operating vessels. Jinks pointed out a section regarding sounding of horns and signals and wrote on his note pad that since Turner could not hear such signals, he had no business operating a vessel, according to Turner.
“This might shock you, like it did me as boat owner and captain for 27 years,” he said. “They flatly ordered me not to operate my boat Flying Fingers any more. They stated that since I have my hearing loss, I am not able to respond to navigational sounds; therefore, I have no business to operate or navigate a boat on the water.”
Navigation rules are quite specific on that point, according to Coast Guard spokesperson Jamie Devitt-Chacon: “Navigation Rule 5 states, ‘Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.’ Navigation Rule 4 states, ‘Rules in this section apply to any condition of visibility.’ ”
From the Coast Guard’s perspective, the drama began to unfold as the patrol boat was escorting the cruise liner out of the harbor. Noticing that Flying Fingers could potentially violate the 100-yard security zone, the patrol boat attempted to hail the craft on VHF radio channel 16. When that attempt failed, the patrol boat broke off from the cruise liner to intercept the returning anglers.
“Even though Flying Fingers at no time entered the security zone, the escort boat wanted to make sure that the vessel’s operator was aware he was near a security zone,” said Devitt-Chacon. “The decision to terminate a vessel’s voyage is never an easy one.
“The boarding officer has to determine in his own judgment whether it’s safe or not. Frankly, a person could be obeying all the rules, and the boarding officer could terminate because of safety concerns. There are just too many possibilities to be covered by individual rules.”
The back of Turner’s citation indicates that the matter will be forwarded to the appropriate Coast Guard district commander to determine whether a civil penalty will be assessed. One reporter was told that no penalty will be assessed in this case.
“There will be no fines or further action,” assured Devitt-Chacon. “All he has to do is come into compliance about watch standing.”
Even though the Coast Guard plans no further action on the matter, Turner could still appeal by requesting a meeting with the agency in the manner stated on the citation, according to Devitt-Chacon.
It was not clear as of this writing whether such an appeal would address only the propriety of Flying Finger’s voyage termination, or the fairness of navigation rules that seem to prohibit the deaf from operating boats in the capacity of lookout.
“While one my crew was talking to Jinks at the launch ramp, another Coast Guardsman told me verbally - I can read lips - that I could operate my boat only if I have a hearing person on board,” Turner said.
Turner is president of the 80-member Southern California Deaf Anglers Club, which was established in 1973. There are approximately 28 million deaf and hard-of-hearing individuals in the United States, according to the National Association of the Deaf.
Yes it sucks, and if not for hieghtened (and useless IMO) security it would probably have never come up at all.
However, it did come up and the CG has a valid point. This man can not maintain a proper watch (or respond to mayday calls, or be made aware of securite alerts) if there is no individual on board that can hear.
Incrediable!
To let 1 or 50 people go on a boat without any ability to communicate to the rest of the world is so irresponsible. What if the USCG had said it was ok and the next time their out the engine dies? Handicapped citizens deserve our help and understanding. Allowing them to put their own well-being at risk is not in anyone's best interest. All they have to do is get 1 person on board who can hear and talk on a VHF radio.
I don't think the CG is trying to be an A Hole. They did not fine the boater and will give him a shot to make a case for himelf.
But in the end, I agree with the CG's position. They are not trying to take away from the deaf person being able to have fun on the water, they are making sure there is a person who can hear on board for a number of valid reasons.
Sounds to me (no pun intended) like if you boat near ferries or cruise liners, you better get a laser range finder, or risk being hassled because it "looks" like you might get within the buffer zone. This smacks of overzelous enforcement, and an attitude of "there must be a reason we can stop this". There was no fog, plenty of boats don't have VHF or RADAR, and when enforcement came over, he stopped without being able to hear them. Apparently looking like you might get within 100 yards is as serious as actually getting within 100 yards. Seems odd that you can get a ticket in CA for driving with earphones on, but you can drive a car if you are deaf.
The VHF is not REQUIRED equipment is it?? So, if not required, not being able to use it should not be a big deal.
A deaf person can produce sound devices. So, is the only issue being able to hear them. If so, then you must make a case for 'distractions' for hearing people right (radio blasting too loud to hear anything else?!)
For those never around deaf people. Their other senses are stronger. I could get my deaf grandmothers attention by clapping my hands loudly. They love concerts because they can 'feel' the music....in the dead quiet of a fog I am pretty sure a deaf person will know if a fog horn is going off.
Is the USCG right? Don't know. I will have to think about it some more. But I don't think they are putting anyone else life in danger, just maybe their own.
Since my mother and my aunt are both professional interpreters for the deaf I am sure I will be able to follow this one closely!!!
My mother is also an avid boater (the other kind of boat - sailboat). I have not gotten a chance to get her take on it.
It is definately an interesting situation though....
Citing the CG's comment that the deaf boater couldn't comply with navigation rules because he couldn't hear... I'd bet half the boaters on this forum couldn't pass a test of sound devices and their meaning, therefore they can not comply with navigation rules and should not be allowed to captain their boat. How ridiculous!! I think the CG is grossly out of line on this.
A while ago there was a picture in the photos forum of a cigerette wrapped around a low railroad bridge. Those guys could hear perfectly - problem was they were drunk.
I'll be the first to admit that laws and regulations often paint with a broad brush and are unforgiving in their applications. You can't write them letting "good boaters" who are deaf off and only punish those who are "bad boaters" But, there seems to be a disconect here. You can go out and buy the biggest boar you can aford, no one looks at your vision, your hearing, hell, even your insurance. Shouldn't this guy just be able to fish? I think so.
There's alot of discretion written into rules and regulations so that the people on the ground can make a judgement as to whether they should be enforced. Same as when a cop stops you and lets you off with just a warning, even though under the "letter of the law" he couldhave nailed you. The Coasties should have warned him, and let him off. I'm sure the guy who wrote him up will be told this - especially if this guy makes a stink, as I think he should.
And here is a quote from the USCG navigation center page giving advice for deaf boaters.
"I am a deaf fisherman and own a 16' fishing boat. I just wonder if you have any information of marine radio, or radiotelephone, or mobile satellite, or other equipment for deaf users. (Another question) I'm looking for TDD on a boat that I can use in an emergency.
There are some distress systems available that deaf people can use, particularly if they travel far offshore. We recommend they consider obtaining a 406 MHz EPIRB and an Inmarsat C ship earth station. Wireless 911 TDD services should soon be available. The Inmarsat C has a distress button with two-way messaging capability. There also is HF digital selective calling and narrow-band direct printing equipment available, also capable of sending distress calls and two-way messaging. The FCC has adopted a rule requiring carriers to enable use of TTY devices over digital wireless systems, but has suspended enforcement of the rule while technical solutions for implementing the requirement are developed."
quote:Turner changed course but was quickly pulled over again
Sounds like the CG let this guy go on his way but then the skipper did something to cause a second stop. Maybe he didn't follow directions the first time? Perhaps he didn't understand them or chose to ignore them? Who knows, there is always more to these stories than gets reported. But if the story is accurate the skipper got a break but then did something that ended up terminating his trip. (Edit)In that case, it might be a problem with following directions and not a physical hearing problem.
[This message was edited by Preoccupation on 09-25-03 at 02:26 PM.]
I like shag's post. Makes me think about the ADA. Just like the ADA, we need to focus on alternatives to compensate or accomodate where need be. Sorry, we don't just throw people in the garbage in America. I would not be surprised if this boater is actually a safer captain then most.
Coast Guard Cites Deaf Boater 
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