On 23 December 1988, the tug OCEAN SERVICE lost its tow, the tank barge NESTUCCA when the 2 1/4" diameter wire towing cable failed while crossing Grays Harbor bar in Washington. While attempting to recover her barge, the OCEAN SERVICE backed into the barge rupturing the side shell of the barge near the deck. As a result, approximately 5412 barrels of oil were lost causing the second largest spill in Washington's history.
The State of Washington retained Captain Greiner to investigate the casualty. He recommended that a team of Al Lucht and Captain John Blank assist. Each was a specialist, Al Lucht in wire rope and Captain Blank in tug operation.
The resulting investigative reports were highly critical of the selection and maintenance of the towing wire rope and the construction of the towing system. The report was also critical of the location and manner in which the tug attempted to cross the bar, and the method used to regain the tow.
A study was conducted of the methodology used to select wire rope, to maintain it and to determine when it should be replaced. This study was not limited to the actions of the towing company that operated the OCEAN SERVICE, but to towing industry practices. The industry practices were then compared to the ordinary safe practices recommended by the wire rope industry and those formulated by the Navy. It was generally found that there were no towing industry standards for either the selection or the maintenance and care of the towing wires.
The owner/operator of the vessel involved was sued in Federal Court, Portland, Oregon for damages by the State of Washington, the Federal Government, British Columbia, Canada and several other private parties or groups.
A limitation action filed by the vessels' owner/operator. Just before trial in December 1990, settlement was reached with the State of Washington and the Federal Government.
The court found the owners were ineligible for limitation in an order issued 24 January 1991 (U.S. District Court, Portland Civil 89-609-RE. In the decision, the court found that the tug was inadequately manned because it did not have the number of able seaman required by 46 USC 8702(b)(2); that the crew was untrained and inexperienced in using the Orville Hook method of recovery of the barge towing wire; that the master had worked more than 12 hours in violation of 46 USC 8104(h); and, that the doctrine of res ipsa loquitur did not apply to the failure of the towing wire. The court said that the preponderance of all evidence demonstrated that the tow wire was defective and that the owner/operator was negligent in its maintenance and inspection of the wire.
The damages portion of the trial will be tried later this year for the remaining plaintiffs.
As a result of this casualty, the State legislature required the Department of Ecology to conduct a study and recommend standards for towing systems. MEC recommended a number of its Associates, some from the towing industry so as to achieve balance in the study group. One of the Associates recommended has been chosen to head up the study group.
It is hoped that this study will result in standards which are reasonable and which will reduce the number of tows lost as a result of towing wire failure.
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