Fishing Boat Crew Cited for Drug Use in Fatality at Sea

The crew of a sport fishing boat from which a Los Angeles newspaper reporter fell overboard and was lost at sea has been cited for marijuana use and other problems.

The Coast Guard said it was unclear whether the violations led to the accident.

Jim Bertken, outdoor editor of the Daily News of Los Angeles, was lost Aug. 25 from the deck of the Marauder. He was on assignment reporting on a phenomenal albacore season.

Bertken, 36, probably fell overboard while vomiting from seasickness during the early morning, said Coast Guard Lt. Michael Cunningham, the lead investigator. His body was never found.

He was discovered to be missing three hours--28 miles--later because there was no required deck patrol and crew members were inattentive, said a recently released investigators’ report. Two of the crew tested positive for marijuana use, the report said.

Because traces of marijuana can stay in a person’s system for up to 30 days, it’s not known when the two men took the drug, Cunningham said.

“Their positive test could have been cause for their inattentiveness to their responsibilities, but there is no evidence that drug use played a factor in this casualty,” Cunningham wrote.

Failure to post a deck patrol was the most serious violation, Cunningham said. Other passengers knew Bertken was making frequent trips to the side, the report said.

The second-in-command’s license has been suspended for two months and the captain’s license could be revoked for up to three years. The deckhands face possible fines.

Bertken’s widow, Louise Yarnall, said the Coast Guard’s criticism speaks for itself.

“It’s not every day the Coast Guard finds people at fault,” she said. “There’s nothing routine about this.”

Cunningham said the results of the investigation would be combined with other incidents to bolster a case that Congress needs to strengthen some Coast Guard requirements.