Collision between FV Ester and a bulk carrier

Summary

Ester J, a steel hulled fishing vessel, based in San Remo, Victoria, had been fishing for shark about 50 miles south of Port Phillip during the 25 November 1997, with a crew of three aboard.

At about 0100 Eastern Australian Standard Time on 26 November, the Skipper anchored the vessel in about 75 m of water in position 39 7.88' South 145 19.25' East, about 33 miles south of Phillip Island. The vessel switched on its anchor light and the Skipper and one of the deck hands went to bed, leaving one deck hand on watch.

At or a little after 0200, the deck hand noticed the lights of a ship approaching from an easterly direction. He realised that the vessel was bearing down towards Ester J and he immediately called the Skipper. The Skipper started the fishing vessel's engine and called the unidentified vessel on channel 16 VHF, with no response. There was no time to weigh anchor or cut the cable, so he put the engine full astern, but the two vessels collided at about 0215.

The fishing vessel sustained damage to the port side. The large vessel did not stop or make any attempt to call Ester J. A quick inspection of the damage showed the vessel was not in immediate danger of sinking.

Ester J's Skipper called Melbourne Maritime Communications Centre on the radio frequency 4125 kHz, reporting the incident. He then called his home by mobile telephone.

Nobody was injured and no pollution resulted from the collision.

The hull remained watertight and the engine was operational, so the Skipper set course for San Remo, where the vessel arrived safely at 0800 on 26 November.

Foreign paint samples found on Ester J, apparently as a result of the collision, were collected into glass jars and sealed, to assist in identifying the other vessel.

Conclusions

These conclusions identify the different factors contributing to the incident and should not be read as apportioning liability or blame to any particular individual or organisation.

The evidence of the paint samples taken from Ester J, together with the circumstantial evidence of the ship's position at 0215 and absence of any evidence indicating any other ship in the area, satisfies the Inspector that the overwhelming probability is that Pacific Premier collided with Ester J.

Prima facie, the lookout maintained by the officer of the watch and any lookout aboard Pacific Premier was not effective in detecting the presence of Ester J by either direct visual means or by radar.

There was nothing to prevent Ester J anchoring in Bass Strait, however, the position of the anchorage was on the direct track from the eastern seaboard to South and Western Australia and hence in a position of greatest hazard.