UNITED STATES OF AMERICA

U.S. DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

UNITED STATES COAST GUARD

Complainant

JAMES CHARLES DAUGHTERY, JR.,

Respondent

Docket Number 2023-0075

Enforcement Activity No. 7634728

ADMISSIONS ORDER

Issued: May 2, 2023

Bv Administrative Law Judse: Honorable George J. Jordan

Appearances:

LT Andres Nealis

USCG MSU Lake Charles

For the Coast Guard

James Charles Daughtery, Jr., pra .se

For Respondent

vs.
On March 7,2023,the United States Coast Guard (Coast Guard) initiated this

administrative action seeking six (6) Months' Outright Suspension of Merchant Mariner's

License Number 0004877 40 issued to James Charles Daughtery, Jr. (Respondent) by issuing a

Complaint alleging Respondent committed Misconduct, pursuant to the legal authority contained

in 46 U.S.C. $ 7703(l)(B) and defined by 46 CFR $ 5.27.

In support ofthe Complaint, the Coast Guard specifically alleges Respondent:

l. On October 28th.2022, at approximately 1308, Respondent had

direction and control of the liftboat PETITE (O.N. 663221),

while underway upon the Calcasieu Ship Channel.

2. On October 2 &rh,2022, at approximately 1308, Respondent

grounded the PETITE at the Calcasieu Channel Westem Jetty

Wall. a well charted area.

3. Respondent's grounding ofthe PETITE in a well charted area

raises the presumption of negligence, as described by 46 U.S.C.

$ 7703(D(B) and defined by 46 CFR $ 5.29.

4. [n aggravation. Respondent received a company provided

weather report forecasting sea conditions m excess of limits set

forth in the onboard Vessel Stability Letter and Operations

Manual.

5. In aggravation: Respondent proceeded to get underway alier

struggling to depart for approximately 20 minutes due to

adverse weather conditions.

6. In aggravation: Respondent ignored wamings from nearby

vessel while transiting outbound on the Calcasieu Ship Channe[.

7. In aggravation: Respondent endangered the lives of04 persons

and the safety of his vessel in proceeding to get underway.

After the complaint had been filed, Respondent filed an Answer admitting to all the

jurisdictional and faclual allegations and indicating they agreed with the proposed order of 6

Months' Outright Suspension, with no additional conditions requested. The Chief Administrative
Law Judge assigned the matter to the undersigned Administrative Law Judge (ALJ) on April 4,

2023.

WHEREFORE,

ORDER

IT IS HEREBY ORDER-ED that Respondent's violation of misconduct under 46 U.S.C.

$ 7703(l)(B) and 46 C.F.R. $ 5.27 is PROVED BY ANSWER. I have carefully reviewed the

file and find that the proposed sanction is appropriate under the provisions of46 C.F.R. S 5.569.

IT IS FURTHER ORDERED that Respondent's Merchant Mariner Credential is

SUSPENDED OUTRIGHT FOR SIX (6) MONTHS, commencing on the date it is deposited

with the Coast Guard.

PLEASE TAKE NOTICE, service of this Decision on the parties and/or parties'

representative(s) serves as notice ofappeal rights set forth in 33 C.F.R. $$ 20.1001 20.1004.

Attachment A

IT IS SO ORDERED

Honorable George J. Jordan

United States Coast Guard

Administrative Law Judge

Done and dated May 2,2023

Seattle, Washington.