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  • A photo of the boat Conception, taken by the Ventura...

    A photo of the boat Conception, taken by the Ventura County Fire Department, before it submerged after catching fire while anchored off Santa Cruz Island, Calif., on Monday, Sept. 2, 2019. Multiple people are feared dead after the dive boat caught fire before dawn Monday, according to the Coast Guard. (Ventura County Fire Department)

  • This photo from video provided by KABC-TV shows divers resuming...

    This photo from video provided by KABC-TV shows divers resuming their search for the final missing victim who perished in a boat fire off the Southern California coast Wednesday, Sept. 11, 2019. The victim is one of 34 who died at sea last week near Santa Cruz Island when the dive boat Conception burned and sank on Sept. 2. Santa Barbara County Sheriff's Lt. Erik Raney says salvage efforts to recover the Conception also resumed Wednesday. (KABC-TV via AP)

  • This photo from video provided by KABC-TV shows divers resuming...

    This photo from video provided by KABC-TV shows divers resuming their search Wednesday, Sept. 11, 2019 for the final missing victim who perished in a boat fire off the Southern California coast. The victim is one of 34 who died at sea last week near Santa Cruz Island when the dive boat Conception burned and sank on Sept. 2. Santa Barbara County Sheriff's Lt. Erik Raney says salvage efforts to recover the Conception also resumed Wednesday. (KABC-TV via AP)

  • Boat Fire California Liability Image ID : 19248849739268 FILE -...

    Boat Fire California Liability Image ID : 19248849739268 FILE - In this Sept. 2, 2019, file photo, provided by the Santa Barbara County Fire Department, a dive boat is engulfed in flames after a deadly fire broke out aboard the commercial scuba diving vessel off the Southern California Coast. The owners of the dive boat where 34 people perished in a fire off the coast of Southern California filed a legal action in federal court Thursday, Sept. 5, 2019, to head off potentially costly lawsuits. Truth Aquatics Inc., which owned the Conception, filed the action in Los Angeles under a pre-Civil War provision of maritime law that allows it to limit its liability. (Santa Barbara County Fire Department via AP, File) -- *James Welton* news designer | Editorial jaime.welton@bayareanewsgroup.com 408-266-4694 Direct bayareanewsgroup.com *Over 5 million engaged readers weekly*

  • FBI agents walk past a memorial for the victims of...

    FBI agents walk past a memorial for the victims of the Conception dive boat on the Santa Barbara Harbor, as authorities issue a search warrant for the Truth Aquatics' offices in Santa Barbara, Calif., Sunday, Sept. 8, 2019. The office was ringed in red "crime scene" tape as more than a dozen agents took photos and carried out boxes. Thirty-four people died when the Conception burned and sank before dawn on Sept. 2. They were sleeping in a cramped bunkroom below the main deck and their escape routes were blocked by fire. (AP Photo/Christian Monterrosa)

  • FILE - This Friday, Sept. 6, 2019, file photo provided...

    FILE - This Friday, Sept. 6, 2019, file photo provided by the U.S. Coast Guard shows the derrick barge Salta Verde engaged in salvage operations over the wreck of the dive boat Conception at Santa Cruz Island off the coast of Southern California. The search for the final victim of the boat fire off the Southern California coast has been suspended until early next week because of gusty winds and rough seas. Thirty-four scuba divers died when the boat caught fire and sank before dawn on Monday. (U.S. Coast Guard via AP, File)

  • Divers and support crews from many agencies continue work at...

    Divers and support crews from many agencies continue work at the Conception dive boat incident off Santa Cruz Island. The vessel caught fire and sank on Monday, Sept. 2, 2019. (Photos by @sbsheriff and @CHISNPS).

  • Divers and support crews from many agencies continue work at...

    Divers and support crews from many agencies continue work at the Conception dive boat incident off Santa Cruz Island. The vessel caught fire and sank on Monday, Sept. 2, 2019. ( Photos by @sbsheriff and @CHISNPS).

  • SANTA MONICA, CA - Sept. 6: Bagpiper Richard Strayer leads...

    SANTA MONICA, CA - Sept. 6: Bagpiper Richard Strayer leads a candlelight vigil alongside the Santa Monica Pier, Thursday night, Sept. 6, 2019, in honor of memory of the 34 lives lost in the deadly Conception dive boat fire. (Karl Mondon/Bay Area News Group)

  • SANTA MONICA, CA - Sept. 6: A couple hugs on...

    SANTA MONICA, CA - Sept. 6: A couple hugs on Santa Monica Beach, Thursday night, Sept. 6, 2019, during a candlelight vigil for the 34 lives lost in the deadly Conception dive boat fire. (Karl Mondon/Bay Area News Group)

  • SANTA BARBARA, CA - Sept. 4: A signed hat from...

    SANTA BARBARA, CA - Sept. 4: A signed hat from members of the Scuba Lodge in Curacao hangs on a fence at the memorial for the 34 victims of the Conception dive boat, Wednesday, Sept. 4, 2019, at the harbor in Santa Barbara, Calif. (Karl Mondon/Bay Area News Group)

  • SANTA MONICA, CA - Sept. 6: A vigil is held...

    SANTA MONICA, CA - Sept. 6: A vigil is held at the Heal the Bay Aquarium under the Santa Monica Pier, Thursday night, Sept. 6, 2019, for the 34 divers killed in the Conception dive boat fire. (Karl Mondon/Bay Area News Group)

  • SANTA MONICA, CA - Sept. 6: Hundreds of people gather...

    SANTA MONICA, CA - Sept. 6: Hundreds of people gather on Santa Monica Beach, Thursday night, Sept. 6, 2019, for a candlelight vigil in memory of the 34 lives lost in the deadly Conception dive boat fire. (Karl Mondon/Bay Area News Group)

  • SANTA MONICA, CA - Sept. 6: Kim Lord and her...

    SANTA MONICA, CA - Sept. 6: Kim Lord and her 3-year old daughter, Scout, attend a candlelight vigil on Santa Monica Beach, Thursday, Sept. 5, 2019, in honor of the 34 lives lost in the deadly Conception dive boat fire. The family knew two of the divers. (Karl Mondon/Bay Area News Group)

  • This Wednesday, Sept. 4, 2019 photo provided by the U.S....

    This Wednesday, Sept. 4, 2019 photo provided by the U.S. Coast Guard shows the derrick barge Salta Verde off the coast of Santa Cruz Island upon its arrival late Wednesday at the scene of the wreck of the dive boat Conception. (Petty Officer 1st Class Patrick Kelley/U.S. Coast Guard via AP)

  • SANTA BARBARA, CALIFORNIA - SEPTEMBER 04: FBI personnel gather on...

    SANTA BARBARA, CALIFORNIA - SEPTEMBER 04: FBI personnel gather on a jetty by FBI Dive Team boats in Santa Barbara Harbor on September 4, 2019 in Santa Barbara, California. Authorities announced that the bodies of 33 victims have been recovered after the commercial scuba diving ship Conception caught fire and later sank, while anchored near Santa Cruz Island, in the early morning hours of September 2. Five crew members survived. (Photo by Mario Tama/Getty Images)

  • LOS ALTOS, CA - SEPTEMBER 04: Vicki Moore, center, and...

    LOS ALTOS, CA - SEPTEMBER 04: Vicki Moore, center, and her two nieces, Tiffany Yang, left, and Rain Chan-Kalin, comfort each other at Moore's home in Los Altos on Sept. 4, 2019, after receiving confirmation Wednesday from authorities that Moore's husband, Scott Chan, was among 34 people killed in a boat fire tragedy off the coast of Southern California on Monday, Sept. 2. The Conception, a 75-foot dive boat he was aboard with his daughter, caught fire and sank near Santa Cruz Island. (Dai Sugano/Bay Area News Group)

  • SANTA BARBARA, CA - Sept. 4: The memorial for the...

    SANTA BARBARA, CA - Sept. 4: The memorial for the Conception dive boat tragedy continues to grow, Wednesday, Sept. 4, 2019, at the harbor in Santa Barbara, Calif. (Karl Mondon/Bay Area News Group)

  • SANTA BARBARA, CA - Sept. 4: A fin signed by...

    SANTA BARBARA, CA - Sept. 4: A fin signed by a former Conception crew member hangs on a fence at the memorial for the victims of the dive boat fire, Wednesday, Sept. 4, 2019, at the harbor in Santa Barbara, Calif. (Karl Mondon/Bay Area News Group)

  • Items are placed at a memorial for the victims of...

    Items are placed at a memorial for the victims of Monday's dive boat fire at the Santa Barbara Harbor on Wednesday, Sept. 4, 2019, in Santa Barbara, Calif. (AP Photo/Christian Monterrosa )

  • FBI investigators unload equipment to begin examining evidence obtained from...

    FBI investigators unload equipment to begin examining evidence obtained from the wreckage of the dive boat Conception on Wednesday, Sept. 4, 2019, in Santa Barbara, Calif. A fire raged through the boat carrying recreational scuba divers anchored near an island off the Southern California Coast on Monday, Sept. 2, leaving multiple people dead. (AP Photo/Christian Monterrosa)

  • Local law enforcement return from a day of searching for...

    Local law enforcement return from a day of searching for the remains of divers who perished in the ship Conception, Tuesday, Sept. 3, 2019, in Santa Barbara, Calif. A fire raged through the boat carrying recreational scuba divers anchored near an island off the Southern California Coast on Monday, leaving multiple people dead and little hope that any of the people still missing would be found alive. (AP Photo/Christian Monterrosa)

  • FILE - In this Sept. 2, 2019, file photo, provided...

    Santa Barbara County Fire Department via Associated Press )

    FILE - In this Sept. 2, 2019, file photo, provided by the Santa Barbara County Fire Department, firefighters work to extinguish a dive boat engulfed in flames after a deadly fire broke out aboard the commercial scuba diving vessel off the Southern California Coast. The owners of the dive boat where 34 people perished in a fire off the coast of Southern California filed a legal action in federal court Thursday, Sept. 5, 2019, to head off potentially costly lawsuits. Truth Aquatics Inc., which owned the Conception, filed the action in Los Angeles under a pre-Civil War provision of maritime law that allows it to limit its liability. (Santa Barbara County Fire Department via AP, File)

  • SANTA CRUZ ISLAND, CA - SEPTEMBER 2: In this handout...

    SANTA CRUZ ISLAND, CA - SEPTEMBER 2: In this handout provided by Ventura County Fire Department, the 75-foot Conception, based in Santa Barbara Harbor, burns after catching fire early September 2, 2019 anchored off Santa Cruz Island, California. (Photo by Ventura County Fire Department via Getty Images)

  • SANTA CRUZ ISLAND, CA - SEPTEMBER 2: In this handout...

    SANTA CRUZ ISLAND, CA - SEPTEMBER 2: In this handout provided by Ventura County Fire Department, the 75-foot Conception, based in Santa Barbara Harbor, burns after catching fire early September 2, 2019 anchored off Santa Cruz Island, California. (Photo by Ventura County Fire Department via Getty Images)

  • In this photo released by the Santa Barbara County Fire...

    Santa Barbara County Fire Department

    In this photo released by the Santa Barbara County Fire Department on September 2, 2019, the 75-foot Conception, based in Santa Barbara Harbor, burns off the coast of Santa Cruz Island, California. (AFP PHOTO / Santa Barbara County Fire Department/ Mike Eliason)

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Louis Hansen, business writer, covering Tesla and renewable energy, San Jose Mercury News. For his Wordpress profile. (Michael Malone/Bay Area News Group)John Woolfolk, assistant metro editor, San Jose Mercury News, for his Wordpress profile. (Michael Malone/Bay Area News Group)Maggie Angst covers government on the Peninsula for The Mercury News. Photographed on May 8, 2019. (Dai Sugano/Bay Area News Group)Robet Salonga, breaking news reporter, San Jose Mercury News. For his Wordpress profile. (Michael Malone/Bay Area News Group)
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The entire crew of the Conception was asleep when a deadly fire swept through their diving boat off the Santa Barbara coast, waking up after flames engulfed the cabin in the predawn darkness Sept. 2 and too late to rescue passengers, a preliminary federal report released Thursday confirmed.

The National Transportation Safety Board’s two-page summary of its preliminary investigation showed the five crew members above deck tried but failed to reach 33 doomed passengers and one crew member engulfed in flames and smoke below deck.

The disaster already has spawned a criminal investigation and widespread grief among several Bay Area families and the diving community in what is among the worst maritime disasters in the state’s history.

Chris Rosas, stepfather of three sisters — Angela Rose Quitasol, Evan Michel Quitasol and
Nicole Storm Quitasol — who died on board the Conception, said Thursday’s confirmation that all crew members were asleep when the fire broke out was “perplexing” and “horrible.”

“I’ve been aboard ships, and there’s always somebody who’s in charge and awake and sometimes full crews are awake,” Rosas said.

Investigators have not identified the source of the fire, according to the new report — which represents an initial, public step in an investigation that will likely take months, and involves multiple federal, state and local agencies, including the Coast Guard, FBI, and the U.S. Attorney’s Office in Los Angeles.

U.S. Coast Guard said Thursday it could not comment on watch regulations or the NTSB’s preliminary report. But experts in maritime law and marine disasters have said the ship should have had at least one crew member on night watch — an assertion that posted federal regulations seem to affirm.

 

 

“You should have someone standing watch,” said Reginald E. McKamie, a Houston-based master mariner and maritime lawyer who has served as an expert witness in numerous cases. “You never know what might happen. You could have another vessel come by, but you also want to go around and have a fire watch to make sure nothing’s smoldering.”

The 75-foot Conception, operated by the Santa Barbara-based company Truth Aquatics Inc. was anchored off the Channel Islands during a Labor Day weekend diving excursion when the disaster struck in the early hours of Monday morning. The three-level, wood and fiberglass craft, custom built in 1981, carried 6 crew members and 33 passengers.

The NTSB report pieces together an emerging narrative of the fire, based largely on interviews with three of the five surviving crew members. The crew members told investigators they knew of no existing issues with mechanical or electric systems on the boat.

According to the NTSB account, an unidentified crew member who was asleep in the wheelhouse was awakened by a noise in the early morning hours and got up to investigate. That crew member saw a fire at the aft end of the sun deck, rising up from the salon compartment below, and alerted the four other crew members sleeping behind the upper deck wheelhouse. The captain radioed a distress message to the Coast Guard at 3:14 a.m.

Unable to use the aft ladder because it was on fire, the crew members jumped down to the main deck —causing one of them to break a leg in the process — and tried to access the salon and galley compartment to reach the passengers’ below-deck bunk room.

The only access to the passenger sleeping quarters, which were equipped with two locally sounding overhead smoke detectors, was down a ladder well in the forward, starboard corner of the salon or an emergency escape hatch on the aft end that also exited to the salon.

But the salon was fully engulfed by fire at the aft end, the report said, and by thick smoke at the forward end. Crew members were unable to open a window at the forward end and, overwhelmed by smoke, they jumped overboard.

Two crew members and the captain swam to the stern where they re-boarded the vessel. They opened the hatch to the engine room and saw no fire. With flames blocking their access to the aft doors of the salon, they launched a small skiff, picked up the other two crew members from the water and sped to a nearby recreational vessel, the Grape Escape. The Conception captain continued radioing for help while two other crew members returned to search for survivors around the burning hull.

The Coast Guard and local fire departments subsequently responded to the scene at Platts Harbor off Santa Cruz Island, about 25 miles offshore from Santa Barbara. But the Conception burned to the waterline by morning and sank in about 60 feet of water.

Santa Barbara County Sheriff Bill Brown said last week that many of the victims appeared to have suffocated from smoke inhalation.

The report also states that investigators have collected documents from previous inspections of the Conception and its sister vessel, Vision, and plan to study similar boats, including their alarm systems, evacuation routes and other safety measures.

Investigators from federal and local agencies have also been searching for clues amidst the sunken boat, which was finally raised from the ocean Thursday, and would be taken by barge to an “undisclosed secure location,” Brown said. A day earlier, rescue divers had recovered the last body from the wreckage.

All 34 victims have been identified and their families have been notified, Brown said, adding that all but one of the victims was positively identified through DNA. The remaining victim was identified through fingerprints, and authorities expect to get a full identification once an overseas family member submits a DNA reference sample, Brown said.

“May they all rest in peace and their families know that all of us involved in this sad operation continue to hold them in our hearts and in our prayers,” Brown said.

Since the disaster, the U.S. Coast Guard has offered new safety guidelines, including recommendations to limit on-board charging of cell phones, laptops and other devices powered by lithium ion batteries.

Federal prosecutors have filed search warrants against Truth Aquatics this week and already gathered evidence from the company’s two other leisure boats. The company filed a preemptive suit shortly after the fire, claiming owners Glen and Dana Fritzler properly maintained, equipped and staffed the vessel. Such a suit is a common tactic in boating incidents, and uses a 19th-century maritime law that allows ship owners to limit liability in future civil actions.

Any finding that crew members failed to follow required procedures could lead to criminal charges for the crew and jeopardize any liability protection for the owners.

“If the customs and procedures of ships are not followed and the owner and master knew that, then that’s a problem as far as whether the limitation will be successful or not,” McKamie said. “If it’s shown they were negligent and caused the deaths of these individuals, they could face serious criminal penalties.”

 

The tragedy upends the strong reputation Truth Aquatics had within the diving community.

“In my experience, they are very professional and safety-oriented organization,” said Stephen Walch, a Sacramento-area scuba instructor who has been on a number of diving trips with the company. “If they were required to have a watch at all times, there’s no getting around that.”

James Adamic, whose sister, Diana Adamic, brother-in-law Steve Salika, and niece Tia Salika — all of Santa Cruz — perished on the Conception, said someone should have been on watch and there should have been better alarms and evacuation training.

“I don’t think anyone was intentionally negligent, but it’s just the overconfidence,” Adamic said Thursday. “Once it got to the point that the crew was aware of it, these people had no chance.”

Coast Guard records indicated Truth Aquatics has had issues before with crew members falling asleep. On Oct. 13, 2008, the Conception’s sister ship Truth was carrying 24 passengers from Santa Cruz Island to Santa Rosa Island in the early morning hours when a crew member fell asleep at the helm and ran aground. There was no damage, deaths or injuries, and the Coast Guard did not consider it a serious incident. But the Coast Guard noted the mate was inadequately licensed and “evidence of improper watchstanding/rest periods.”

The Conception victims included 21 women and 13 men, ranging in age from teenagers to a 62-year-old. Among those lost was Santa Cruz diving instructor Kristy Finstad, 41, a marine biologist who ran Worldwide Diving Adventures and was a frequent passenger aboard the Conception. A Los Altos father and daughter, Scott and Kendra Chan, also perished.

“You’ve got 30-something lives on board,” McKamie said. “The custom of the sea is you need to be on fire watch.”


CONCEPTION BOAT FIRE VICTIMS

Thursday, Santa Barbara County Sheriff Bill Brown publicly identified all 34 victims of the Labor Day dive boat fire.

  • Carol Adamic, 60, Santa Cruz
  • Steve Salika, 55, Santa Cruz
  • Tia Salika, 17, Santa Cruz
  • Juha Pekka Ahopelto, 50, Sunnyvale
  • Neal Baltz, Phoenix
  • Patricia Beitzinger, Phoenix
  • Vaidehi Campbell Williams, 41, Felton
  • Raymond Scott Chan, Los Altos
  • Kendra Chan, Oxnard
  • Adrian Dahood-Fritz, 40, Sacramento
  • Andrew Fritz, Sacramento
  • Justin Dignam, 58, Anaheim
  • Berenice Felipe, 16, Santa Cruz
  • Lisa Fiedler, 52, Mill Valley
  • Kristina “Kristy” Finstad, 41, Tamrick Pines
  • Dan Garcia, Berkeley
  • Yulia Krashennaya, 40, Berkeley
  • Marybeth Guiney, 51, Santa Monica
  • Yuko Hatano, 39, San Jose
  • Alexandra “Allie” Kurtz, 26, Santa Barbara
  • Xiang Lin, 45, Fremont
  • Caroline McLaughlin, 35, Oakland
  • Charles McIlvain, 44, Santa Monica
  • Kaustubh Nirmal, 33, Stamford, Connecticut
  • Sanjeeri DeoPujari, 31, Stamford, Connecticut
  • Angela Rose Quitasol, 28, Stockton
  • Evan Michel Quitasol, 37, Stockton
  • Nicole Storm Quitasol, 31, Imperial Beach
  • Michael Quitasol, 62, Stockton
  • Fernisa Sison, 57, Stockton
  • Sumil Sandhu, 45, Half Moon Bay
  • Ted Strom, 62, Germantown, Tennessee
  • Kristian Takvam, 34, San Francisco
  • Wei Tan, 26, Goleta