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taic report Skipper's actions leads to tragic loss of eight lives The Easy Rider was registered as a commercial vessel as defined under the Maritime Transport Act 1994 (New Zealand Government, 1994). Under the Fisheries Act it was a registered fishing ship. The Easy Rider was not allowed to carry passengers as a commercial fishing vessel. The Maritime Transport Act clearly stated that a Pleasure Vessel specifically excluded a vessel that was normally used for fishing. The Easy Rider was operating as a commercial fishing vessel at the time and should not have been carrying the six passengers. There was insufficient life-saving equipment for the number of people on board, with as few as four life jackets to share between nine persons. A t about 2000 on 14 March 2012, the fishing vessel Easy Rider departed Bluff for Big South Cape Island off the west coast of Stewart Island. The skipper of the Easy Rider had agreed to transport two members of his extended family along with their cargo to Big South Cape so that they could prepare for the start of the mutton-birding season. At about 1300 on Wednesday March 14 a maritime safety inspector arrived at the Easy Rider for a procedural survey audit. The skipper told him he was not ready and asked him to come back in an hour. The maritime safety inspector left the vessel and returned at about 1400. The inspector started the survey but it soon became apparent that the Easy Rider had not been adequately prepared. Because he had another vessel to inspect at a booked time, he agreed with the skipper to return to the Easy Rider on Friday. Before the inspector arrived on board the Easy Rider had been loaded with some 2.1 tonnes of ice and about 360kg of bait in the fish hold, and while the inspector was still on the vessel a truck arrived with stores and materials belonging to the extended family members. After the inspector had departed the Easy Rider was then loaded with the normal fishing gear including both heavy cray and cod pots, lines and fishing gear. Additional to this, the Easy Rider was then loaded with all the stores and gear required by the passengers for their extended stay on the Mutton Bird Islands. The passengers were to be offloaded at Big South Cape Island, where they were to prepare for the upcoming mutton-bird harvest. The skipper then intended to travel to his fishing grounds to engage in commercial fishing. An observer on the opposite quay noted that as the equipment and stores were loaded the vessel sat lower in the water towards the stern. Towards the end of the loading, a quantity of wood was lifted from the truck and lowered by crane to one side of the vessel. However, the vessel listed heavily to that side so the wood was lifted clear and then lowered to sit transversely across the vessel at the stern. As the afternoon progressed more members of the skipper's extended family arrived at the vessel and more equipment and personal effects were loaded on board. At about 1930, the two crewmembers arrived on board. The skipper and crew filled the fuel tanks from the pump on the wharf 72 Professional Skipper July/August 2013 and filled the fresh water barrel, which was on deck. The stores and equipment covered most of the aft fishing deck and in places was stacked as high as the roof of the wheelhouse. The two crewmembers then checked all the lashings on the equipment, materials and cargo on the after-deck which was so tightly packed that the crewmembers could only access the sides of the stowage by standing on the bulwark rail. The passengers then boarded the vessel. Some of the extended family members who were not scheduled to go to the mutton-bird islands decided there and then to journey to the islands on the Easy Rider and the skipper allowed them to board. At about 2000 the Easy Rider departed. On board were the skipper, two crewmembers and six passengers. As the vessel manoeuvred away from the wharf an observer on the opposite quay noted that the seawater was sloshing onto the after deck and draining out of the aft-most freeing ports. The weather at the time that the vessel sailed was described by local fishermen as poor. It was forecast to deteriorate further with the passing of a frontal weather system across the Foveaux Strait area. The wind was forecast to increase to about 40 to 50 knots from the northwest before easing to 15 knots from the southwest after the weather front had passed. At about 0003 on 15 March the Easy Rider was north of the Bishop and Clerks Islands at the western end of the Foveaux Strait in an area known for strong variable currents and turbulent water. The Easy Rider was engulfed by a large wave in this area and capsized, remaining afloat for about two hours before sinking. The surviving crewmember said that he had just been listening to the radio news at 2400 [midnight]. Shortly after he heard the sound of a larger wave. The wave came over the starboard side of the vessel, the deck filled with water and he was washed to the port side of the vessel. The vessel then heeled sharply to port and the crewmember was tipped into the sea. He managed to grab a rope and was swept to the stern of the vessel. Four bodies were recovered and four are still missing presumed drowned. COMMISSION FINDINGS The Commission in its findings reported: • The Easy Rider was loaded with too much weight too high in the vessel, resulting in it having insufficient reserve stability for the intended voyage. www.skipper.co.nz