CITE MCIS-0619-:001_ X _ INITIAL INVESTIGATION REPORT RE CONFID, INCIDENT INVOLVING "FBCA GIM-VER® 7 si ia G3-0679-089 RE CPCG DIRECTIVE FOR A MARINE CASUALTY REF CITE oN TEAM TO CONDUCT INVESTIGATION ON THE SAID INCIDENT INVESTIGN SUMMARY *FBCA GIM-VER" WITH 22 FISHERMEN ON BOARD, REGISTERED AA 1430 OT NAME OF ITS OWNER ARLINDA DENA roost BUSINESS, piven 5 AT SAN ROQUE, SAN JOSE, OCCIDENTAL MINDORO, WAS ey INCURRED TOTAL DAMAGED AND SUBSEQUENTLY SUBMERGED AER A FISHING VESSEL COLLIDED WITH SUBJECT FBOA ON OR ABOU AOREDH JUNE 2019 AT VICINITY WATER OF RECTO BANK, WEST PHILIPPINE es) THE 22 FISHERMEN ON BOARD WERE SAFE AND SUCCESSFULLY RESCUED BY A VIETNAMESE FISHING VESSEL AND WITH THE HELP OF FB AJ, FEANKSGIVING FB M2M AND PHILIPPINE NAVY VESSEL PF-+16, WERE BROUGHT TO SAN JOSE, OCCIDENTAL. MINDORO FOR PROPER DISPOSITION. BON OR ABOUT 142100H JUNE 2019, AFTER THE TURN-OVER OF THE 22 FISHERMEN TO COAST GUARD STATION OCCIDENTAL MINDORO (CGS OCCMIN), THE MARINE SAFETY INVESTIGATION TEAM FROM MARITIME CASUALTY INVESTIGATION SERVICE, MSSC WITH THE CCGS OCCMIN AND REPRESENTATIVE FROM COAST GUARD LEGAL SERVICE HAVE IMMEDIATELY CONDUCTED A MARINE SAFETY INVESTIGATION TO DETERMINE THE CAUSAL FACTORS AND THE CIRCUMSTANCES SURROUNDING THE SAID INCIDENT , CHRONOLOGY OF EVENTS | ©. THE INVESTIGATION REVEALS THAT ON OR ABOUT 092350H JUNE 2019, WHILE ANCHORED AT VICINITY WATERS OF RECTO BANK, WPS, WITH AN ANCHOR LIGHTS AND WITE FLASHING LIGHT DISPLAYED, “FBCA GIM-VER", WAS HIT BY _ AFISHING VESSEL WITH STRONG AND SUDDEN IMPACT CAUSING THE SAIDEIN Citizey |S OUTICE banca IER. IF WE CONSIDER THE STATEMENT OF ALL THE SURVIVING CREW KH THER IDENTIFICATION OF FISHING VESSEL BASED ON STRUCTURE AND SHAPE WE MAY CONSIDER THAT THE VESSEL COLLIDED WITH FECA GIM-VER WAS A CHINESE FISHING VESSEL HOWEVER WE CANNOT JUST ESTABLISH THAT IT WAS A CHINESE FISHING VESSEL BY JUST CONSIDERING THE STATEMENT OF THE SURVIVING CREWS ALONE WITHOUT ANY OTHER EVIDENCE AND/OR THIRD PARTY AS WITNESS. L. HAVING THE DIRECT KNOWLEDGE OF THE DISTRESS SITUATION OF WHICH HE IS ALSO INVOLVED AND HAVING NO OTHER ACTION TAKEN, THE MASTER OF THE VESSEL COLLIDED WITH FBCA GIN-VER HAS CLEARLY VIOLATED REGULATION 33 OF SOLAS 74 WHICH STATED THAT “THE MASTER OF A SHIP AT SEA WHICH IS IN POSITION TO BE ABLE TO PROVIDE ASSISTANCE ON RECEIVING INFORMATION FROM ANY SOURCE THAT PERSON ARE IN | DISTRESS AT SEA IS BOUND TO PROCEED WITH ALL SPEED TO THEIR ASSISTANCE... THIS OBLIGATION TO PROVIDE ASSISTANCE APPLIES | REGARDLESS OF THE NATIONALITY OR STATUS OF SUCH PERSONS OR THE CIRCUMSTANCES IN WHICH THEY ARE FOUND. IF THE SHIP RECEIVING THE DISTRESS ALERT IS UNABLE OR . IN THE SPECIAL CIRCUMSTANCES OF THE CASE. CONSIDERS IT UNREASONABLE OR UNNECESSARY TO. PROCEED TO. THEIR ASSISTANCE, THE MASTER MUST ENTER IN THE LOGBOOK THE REASON FOR FAILING TO PROCEED TO THE ASSISTANCE OF THE PERSONS IN DISTRESS. TAKING INTO ACCOUNT THE RECOMMENDATION OF THE ORGANIZATION, TO INFORM THE APPROPRIATE SEARCH AND RESCUE SERVICE ACCORDINGLY...” RECOMMENDATION: 'L THE AUTHORITY AND VESSEL'S OWNER/COMPANY SHOULD MAKE SS EAvONS FOR FISHING VESSEL TO STRICTLY ADHERE WITH THE pee THE VESSEL THAT COLLIDED WITH FBCA GIM-VER BE MADE UNDER REGULATION 33 OF SOLAS 74, SAFETY INVESTIGATION REPORT TO FOLLOW.ag ABOUT TO COOK. ON OR Al WATCH, HE SAW A FISHING Vi 1 092340H JUNE 2019 AS HE LOOK AT HIS A APPROACHING THEIR POSITION AFTER OMILE, HE HASTELY AWAKENS ALL THE CREW ON BOARD INHEN THe BA EGHING vith THEIR FOCA THAT ACCORDING TO ALL THE CREW, THEY cE eRELE TO. JUMP IN THE WATER. BECAUSE THE SAID FISHING SSSEL ALREADY HIT THE AFT PORTION OF THEIR FBCA CAUSING IT TO WREAK INTO TWO. THE BOOM OF THE VESSEL RAN ROT Re eFRUCTURES OF THEIR FBCA AND, ALMOST INSTANTLY, barges i ay HAD SUBMERGED. ACCORDINGLY THE SAID VESSEL. SE AGES! ae THEIR SUBMERGED FBCA AFTER THE COLLISION, HAS we pes oe NANUEVER ASTERN AND SPOTTED THEM WITH A SEARCHLIGHT, HOWEVER, UPON SEING THE CREW OF THE SAID FBCA FLOATING IN THE bee oa SAID FISHING VESSEL IMMEDIATELY TURNEO-OFF ITS SEARCH L! ety. IMMEDIATELY LEFT FROM THE SCENE WITHOUT EXTENDING ANY HELI vs THE 21 SURVIVING CREW PRESENT DURING THE INVESTIGATION Ls ee POSITIVELY IDENTIFIED THAT THE VESSEL COLLIDED THEIR FBGA IS J CHINESE FISHING VESSEL. BASED ON ITS STRUCTURE AND SHAPE WHICH IS VERY FAMILIAR TO THEM AND VERY DIFFERENT FROM OTHER FISHING VESSEL OPERATING IN THE AREA D. REACHING FOR HELP. THE CREW JAYPEE GORDIONES AND ONE OTHER HAVE PADDLED ON BOARD THEIR SMALL SERVICE BANCA FOR ABOUT FIVE (5) MILES TO SEEK HELP FROM A SIGHTED FISHING VESSEL THEY EARLIER IDENTIFIED AS A VIETNAMESE FISHING VESSEL. ON OR ABOUT 100200H JUNE 2019, THE DUO REACHED THE VIETNAMESE FISHING VESSEL TG90963TS THAT IMMEDIATELY PROVIDED THEM WITH ASSISTANCE. LEAVING ITS FISH NETS LAID IN THE WATER, THE VIETNAMESE FISHING VESSEL, WITH THE TWO (2) SURVIVING CREW ON BOARD, PROCEEDED IMMEDIATELY TO THE SAID SUBMERGED “FBCA GIM-VER" AND RESCUED ALL OTHER 20 GREW. THE SURVIVING CREWS WERE. ACCORDINGLY, PROVIDED WITH FOODS BY THE VIETNAMESE FISHERMEN, THE BOAT CAPTAIN OF ‘FBCA GIM-VER® WAS PERMITTED TO USE THE RADIO OF THE VIETNAMESE FISHING VESSEL WHICH ENABLED HIM CALLED THEIR SISTER FISHING BOAT AND THE ATTENTION OF OTHER FILIPINO FISHERMEN IN THE AREA FOR HELP E ON OR ABOUT 101200H JUNE 2019, FBCA AJ THANKSGIVING, A FILIPINO OWNED FISHING BANCA SKIPPERED BY MR RUDY QUINTO, HAS ARRIVED AND. HELPED THEM REFLOATED THE SUBMERGED FBCA GIM-VER, THE SURVIVING CREWS WERE TRANSFERRED FROM VIETNAMESE FISHING VESSEL TO FBCA, AJ THANKSGIVING. AFTER TRANSFERING THE SURVIVING CREWS, THE Se ens VESSEL HAD RETURNED TO ITS FORMER POSITION TO ON OR ABOUT 101300H JUNE 2019, “FECA GIM-VER" SUCCESSFU ED AND THE SURVIVING CREWS STAYS IN THE AREA ON , THANKSGIVING WHILE WAITING FOR FBCA M2M FROM OG: 80, ALSO OWNED BY ARLINDA DELA TORRE.