Charter captain faces 30 years in prison.

Byline: Winston Ross The Register-Guard

PORTLAND - A Winchester Bay charter boat captain could spend up to 30 years in prison for his decision last September to cross the Umpqua River bar during restricted conditions. The accident that followed claimed his boat, the Sydney Mae II, and the lives of three of his four passengers.

U.S. Attorney Karin Immergut on Thursday arraigned captain Richard Oba, who pleaded not guilty, on three counts of "Seaman's manslaughter." It was the same charge levied against the captain of a Staten Island ferry that crashed into a pier in New York state in 2003, killing 11 people. Each count carries a maximum penalty of 10 years in prison. It is the first time the federal statute has been used against an Oregon defendant, Immergut said.

News of the potential prison term sent shock waves throughout the charter industry.

"Wow," said Wayne Butler, a charter operator from Bandon. "That sounds really stiff. But knowing what I know of the situation, I'm not surprised charges were filed. The bar was closed. He wasn't supposed to try to cross it. Still, I know Rich. You don't want to see that happen to anybody."

In a press release issued after the U.S. attorney's announcement, Oba's attorney said his client was innocent.

"The sinking was purely accidental," said Per Ramfjord, a Portland attorney who denied the government's claim that Oba failed to give a safety briefing to his passengers. "Captain Oba is a licensed master with 30 years of maritime experience, and he consistently acted to ensure the safety of all who boarded the Sydney Mae II. ... The government has clearly brought this case in an effort to deter charter boat captains and others from engaging in reckless actions. Unfortunately, they are prosecuting the wrong person."

Oba's 38-foot fiberglass "six-pack" - a term used to denote boats that carry six or fewer people - headed out on a tuna fishing trip Sept. 19 with four passengers on board: William Harris, 57, of Springfield; Virginia Strelow, 63, of Reedsport; Paul Turner, 76, of Boise; and Jim Parker, 59, of Springfield.

The swell was minor on the trip out, but by evening, 14- to 16-foot waves were breaking across the river bar and the U.S. Coast Guard closed it to recreational vessels and uninspected commercial vessels such as Oba's. After several phone calls to confirm that status, Oba told his passengers they might have to head to Coos Bay and that they'd be reimbursed for the shorter trip, according to a report issued last month by the National Transportation Safety Board.

But two other charter operators told Oba on the radio that the bar was "laying down" and he could make it across, according to the report.

"I told him that the bar was still restricted to all recreational vessels and uninspected vessels, and the captain replied, `Fine, I'll take my passengers to Coos Bay, but it would be even more dangerous,' ' the Coast Guard's communications watch- stander told investigators. "That was when the phone cut out. He was angry and I thought he had hung up on me."

Oba went to find out for himself whether the bar was crossable, according to his attorney.

At 8:21 p.m., a 10- to 12-foot wave as tall as the boat's flying bridge struck the craft, flipping it and tossing the passengers into the 53-degree water.

The Coast Guard rescued Parker and Oba, who was the only one aboard with a life jacket on. The bodies of Harris and Strelow were recovered on the beach, miles south of the river entrance. Turner's body was never found.

Last month, the National Transportation Safety Board placed blame for the accident squarely on Oba, noting the closed bar and that the captain was warned at several points throughout the evening that he was forbidden from crossing.

The government also faulted Oba's failure to ensure that his passengers wore life jackets as a contributing factor in their deaths.

"Over and over again, Oba was told the bar was restricted," Immergut said at a press conference in Portland. "It was too hazardous to cross."

Thursday's announcement came as a surprise to charter operators on the coast, who enjoy a mostly accident-free record and who generally consider the difficult decisions involved in crossing Oregon's hazardous river bars a matter of the captain's sole discretion. Masters of inspected vessels, such as the Taki-Tooo - which sank in 2003, resulting in 11 deaths - can't be restricted from crossing river bars.

Still, "This will force all charter skippers to be much more cautious," said Terry Thompson, a Lincoln County Commissioner, former legislator and fisherman. Thompson added, "I can hardly believe" the government arraigned Oba. "I've never crossed a bar the Coast Guard told me I shouldn't cross. But it's hard for a person who isn't on the boat to make that decision. I've always followed the policy that the decision lies with the captain. That's no longer the case."

Butler said it's rare for charter operators to defy the Coast Guard.

"Oregon is a lot different from some of these other states," Butler said. "Rich came from Half-Moon Bay. They don't have a bar there to deal with like what we deal with here. I grew up as a commercial fishermen, and I saw for years and years these boats come up from Southern California with no concept of what a rough bar crossing can do to you. Rich would run out and go tuna fishing in weather I wouldn't dream of doing it in."

Other charter operators said the charges against Oba shouldn't affect business and won't change how they operate. They said they already take all appropriate precautions when crossing a bar.

Scott Howard, who co-owns Strike Zone Charters in Winchester Bay, said his family has been running fishing charters since 1962 without losing a boat or a passenger. He said the tragedy with the Sydney Mae II shouldn't reflect on other operators.

"Just because a charter boat went down doesn't mean all charter boats take unsafe risks on the bar," Howard said. "This is the result of a decision that the skipper made. It wasn't the result of a risk that all passengers are going to be exposed to if they go out on a charter boat."

Butler said Oba sent e-mails to other charter fishermen after the accident, announcing he would "never be running a boat again." The captain's attorney said he is retired from fishing.

Reporter Greg Bolt contributed to this report