Ship’s pilot charged with negligence

Criminal charges have been filed against the man who piloted a container ship into the Bay Bridge in November resulting in 58,000 gallons of oil spilling into San Francisco Bay — weeks before a scheduled hearing that could assess his claims that faulty navigational equipment contributed to the crash.

The Cosco Busan swiped the bumper on a Bay Bridge support tower in heavy fog Nov. 7, gashing a hole in the hull that released 58,000 gallons of toxic fuel. Area beaches were closed for months and thousands of birds were killed. Crews are still working to remove oil from shorelines around the Bay, according to the lead state cleanup official, Rob Roberts.

Pilot John Cota, of Petaluma, was recently charged with two federal misdemeanor charges of violating federal environmental laws that protect water quality and migratory birds.

The charges carry a maximum penalty of 18 months in jail and $115,000 in fines, according to court documents. Cota was not taken into custody and will voluntarily appear at court when trial dates are set, his attorney Jeffrey Bornstein said.

The U.S. Attorney’s Office in court documents alleged that Cota “negligently” caused oil to spill into the Bay by “failing to pilot a collision-free course,” failing to adequately review navigation charts and equipment with the ship’s captain and Chinese crew, departing port in heavy fog, failing to proceed at a safe speed despite limited visibility and failing to use the vessel’s radar while approaching the Bay Bridge.

Cota told investigators that the navigation equipment was faulty, according to Bornstein.

Bornstein on Monday said that the charges were “premature” because the National Transportation Safety Board hasn’t finished its investigation into the incident. “They’ve decided to criminalize this without allowing the NTSB to really finish its investigative work,” he said.

Board spokesman Peter Knudson on Monday said that the equipment manufacturers have been asked to attend a two-day hearing in April to help the agency “gather more information” for its investigation. He said the hearing was designed in part to help determine whether the ship’s navigation equipment was working at the time of the collision.

Al Lin, a professor of environmental law at UC Davis who previously practiced environmental law for the Department of Justice, described the charges as “conservative.”

Cota hasn’t been charged under the Endangered Species Act or Marine Mammal Protection Act — acts that can only be prosecuted if a violation is deliberate, according to Lin. Instead, Cota has been charged with negligence.

Examiner Staff Writer David Smith contributed to this report.

jupton@examiner.com

Bay Area NewsLocal

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Temporary high-occupancy vehicle lanes will be added to sections of state Highway 1 and U.S. Highway 101 through The City including Park Presidio Boulevard to help keep transit flowing as traffic increases. (Photo by Ekevara Kitpowsong/Special to S.F. Examiner)
Transit and high-occupancy vehicle lanes coming to some of The City’s busiest streets

Changes intended to improve transit reliability as traffic increases with reopening

Tents fill up a new safe camping site in a former parking lot at 180 Jones St. in the Tenderloin on Thursday, June 11, 2020. (Kevin N. Hume/S.F. Examiner)
Proposal for major expansion of safe sleeping sites gets cool reception in committee

Supervisor Mandelman calls for creation of more temporary shelter sites to get homeless off streets

Demonstrators commemorated the life of George Floyd and others killed by police outside S.F. City Hall on June 1, 2020.<ins></ins>
Chauvin verdict: SF reacts after jury finds ex-officer guilty on all charges

San Franciscans were relieved Tuesday after jurors found a former Minneapolis police… Continue reading

San Francisco Unified School District Board member Faauuga Moliga, right, pictured with Superintendent Vincent Matthews on the first day back to classrooms, will be board vice president for the remander of the 2121 term. (Kevin N. Hume/S.F. Examiner)
Faauuga Moliga named as school board vice president to replace Alison Collins

The San Francisco school board on Tuesday selected board member Fauuga Moliga… Continue reading

Legislation by Supervisor Rafael Mandelman would require The City to add enough new safe camping sites, such as this one at 180 Jones St. in the Tenderloin, to accomodate everyone living on the street. (Kevin N. Hume/S.F. Examiner)
City would create sites for hundreds of tents under new homeless shelter proposal

Advocates say funding better spent on permanent housing

Most Read