Overloading and lack of stability have been identified as the main reasons for the sinking of the Rising Sun fishing vessel off the southeast coast in 2005.
Two of three crew and a local diver died as a result of the sinking, and the body of skipper Pat Colfer has still not been found. The Marine Casualty Investigation Board says that a combination of factors contributed to the vessel's capsize, which was so rapid that there was no opportunity to send out a distress message.
The 8m vessel was surveyed a number of times after its purchase by Mr Colfer in 2003. It left Duncannon harbour, Co Wexford, to harvest and reset pots off the Saltees on the morning of November 29th, 2005, with three crew on board - Mr Colfer, Jimmy Myler and Ian Tierney.
Weather was fair, and the vessel had three "trains" or strings of pots on board and was under way to shoot on fresh fishing grounds at about 3pm when Mr Myler called out that the boat was listing. The crew grabbed a few pots and threw them overboard to "right" the vessel, but Mr Myler then shouted "get off, she's going".
Mr Tierney, who survived, was wearing his personal flotation device (PFD), and remembers that both Mr Myler and Mr Colfer had their PFDs "in their arms" when the vessel turned over. He helped Mr Myler on to the upturned hull, but the skipper was nowhere to be seen.
The two crew spent about four hours on the upturned hull, but by 7pm it had sunk. They were spotted and taken on board a fishing vessel, Napier, at 9.34pm.
Mr Myler died after reaching hospital, while Mr Tierney was treated and released the following day. On the afternoon of December 1st, 2005, during the continuing search for the skipper, an experienced diver, Billy O'Connor, lost his life. The investigation board says Mr O'Connor's death was not within the scope of this report.
The report lists overloading of gear, a poor stability profile, and the disconnection of a bilge alarm to detect water leaks as the main causes, and notes that the vessel's emergency position indicating radio beacon (EPIRB) was not arranged for automatic release - and did not activate. It says all crew should have been wearing PFDs. The liferaft was not fitted with a hydrostatic release unit.
The Colfer family claim the bilge alarm was not blocked and say they believe the boat was damaged when salvaged.
The board recommends that the Government's Maritime Safety Directorate amend the code of practice for small fishing vessels in relation to stability factors and automatic release of EPIRBs. It says owners should notify the surveying authority of any alterations to a vessel's equipment or structure after a survey.
