On February 9th, 2023, Wildlife Enforcement Agent, Sergeant was notified of a vessel incident that occurred in St. Mary Parish. Sgt. was advised that the vessel struck a dredge pipe and that both occupants of the vessel were going to be brought to the hospital. Sgt. was also advised that the vessel was towed in to the Amelia boat launch, where it would be brought to the owner’s residence by a family member.
Later in the day, Sgt. made contact with the owner and operator of the vessel that was involved in the incident. Sgt. made contact with Subject1 and learned that he and his brother would be released from the hospital later in the day. At that time, Sgt. responded to area where the incident occurred, which was in the Intracoastal Waterway (ICW), near Bayou Chene. Sgt. observed that there was a dredging operation actively taking place. Sgt. noticed and photographed that there were dredge pipes on both the North and South banks of the ICW. There were also markers that marked the beginning of the dredge operations and at the time, all exposed dredge pipes were in between the markers and the bank. Sgt. also took photographs of the markers and dredge pipes (see attached photos 1-4). Sgt. made sure to pass close to both markers and did not observe any dredge pipe close to the surface of the water, where vessel traffic is intended to pass. 

Once Sgt. photographed the area, he departed to make contact with Subject1. Upon making contact with Subject1, Sgt. asked for him to explain what occurred with the incident. Subject1 stated that he and his brother, Subject2 were on their way to go fishing. Subject1 stated that he and his brother departed from the Amelia boat launch his 19ft 4in, fiberglass, bass boat with remote steering and were heading Eastward in the ICW, at approximately 57-58mph, when at the last moment, he observed a part of the dredge pipe beneath the water’s surface as he was passing over it. 

Subject1 stated that his vessel then struck the pipe and he immediately placed his vessel in neutral. Subject1 stated that his vessel began to “skip” across the water before it made an unexpected abrupt turn to port. Subject1 stated that once his vessel made the abrupt turn to port, he and Subject2 were both thrown against the starboard side of the vessel before he was ejected from the vessel. Subject1 stated that he was wearing his kill switch lanyard and PFD (lifejacket) and his brother, Subject2 was also wearing a PFD at the time of the incident. 

Subject1 explained that Subject2 assisted in getting him back into the vessel, where he stripped his clothes and replaced them with dry, warm clothing. Subject1 explained that his vessel was taking on water at such a rapid rate, that the vessel’s bilge pump could not keep up. Subject1 stated that nearby crew members from the Crosby Towing operation came to assist, where they placed a large electric pump in his vessel and began pumping water out of the vessel. 

Subject1 explained that the crew members then assisted by securing his vessel to theirs and towing him back to the Amelia boat launch. Sgt. then inspected Subject1’s vessel. Sgt. documented and photographed the damages (see attached photos11-17). Sgt. also noted that the physical damages to Subject1’s vessel were consistent to what Subject1 explained happened with the incident. Subject1 then provided Sgt. with access to the GPS that was dash mounted in his vessel (see attached photo 18). Sgt. was able to see on the GPS where his vessel passed in the waterway. According to the vessel’s track log and coordinates, Subject1’s vessel passed between the markers that were being used to mark safe passage where the dredge pipe was beneath the water’s surface. 

      On 3/7/2023, Subject3 provided Sgt. with the official statements that the Crosby Towing employees provided (see attached). Upon reviewing, the witness statements, they were all similar in content. Sgt. learned that Crosby Towing was utilizing 2- tugboats to transport a piece of plastic dredge pipe, approximately 750ft in length from the North bank of the ICW to the South bank of the ICW (see attached statements and sketch from Crosby Towing). At the time of the incident, the 2-tug boats were operating between the 2- markers that were being used to mark safe passage where the dredge pipe was beneath the water’s surface. It is unclear whether or not there were any markings on the section of plastic dredge pipe that they were towing when the incident occurred. The majority of the witnesses stated that they observed Subject1’s vessel traveling at a high rate of speed prior to his vessel striking the plastic dredge pipe and that they did not have enough time to try getting his attention to make before the incident occurred. 
        On 3/18/2023, Sgt. made contact with Subject1 at his residence. Sgt. advised Subject1 that he was there for some follow up questions in reference to the incident. Before asking Subject1 any questions, Sgt. read Subject1 his Miranda Rights. Subject1 intelligently and voluntarily acknowledged and waived his Rights. Sgt. then asked Subject1 if he recalled seeing 2-tug boats towing a piece of dredge pipe. Subject1 stated that he did not. Subject1e stated that he did recall seeing 1-tug boat and that he wanted to pass on the tugboat’s port side so that he remained to his respective right, like he is supposed to do. 

Subject1 also stated that since he was anticipating making a right hand turn into Bayou Chene from the ICW, he did not think twice about passing where he was passing in the ICW and in relation to the tugboat. Subject1 stated that he was very comfortable at the speeds he was traveling and that his vessel is completely under control at the speeds he was traveling. Sgt. then explained to Subject1 what he learned about the incident and that there was a 2nd tugboat further away that was connected to the first tugboat with a plastic piece of dredge pipe that was approximately 750ft long. 

Subject1 stated that he never noticed the 2nd tugboat and did not understand how they could be transporting such a large piece of dredge pipe without some sort of pilot vessel watching for other vessels or some sort of markings on the dredge pipe that they were transporting. Sgt. explained to Subject1 that he was unaware of exactly what dredging operations are required to do, but had to go off of all of the information he is provided from all parties. 

Sgt. also explained to Subject1 that he had documented 2-markers in the ICW that marked where the dredge pipe went beneath the water’s surface and that he passed close to those markers and never located a piece of pipe that was near the water’s surface. Sgt. also explained to Subject1 that as a boat operator, when you see some sort of commercial activity, it would be safest to slow down and figure out what all is going on with the operation before proceeding. Sgt. continued, explaining to Subject1 that based off of all of the evidence and witness statements, it was determined that he violated rule number 16 of the rules of the road for vessels. Rule number 16 states that all vessels shall be operated at reasonable speeds for given conditions. After interviewing and/or reading all witness statements and operator statements, Sgt. concluded the following. 

Subject1 was operating his 19ft 4in, fiberglass, bass boat with remote steering in the Intracoastal Waterway (ICW), located in St. Mary Parish. Subject1 was heading in an Eastward direction when he noticed a dredging operation taking place in the vicinity of Bayou Chene and the I
Intracoastal Waterway
Amelia                        