UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

UNITED STATES COAST GUARD 

United States of America 

United States Coast Guard 

vs 

MERCHANT MARINER'S LICENSE 

NO.: 865 802 

ISSUED TO: 

PIERRE DEP ASSE 

Respondent 

APPEARANCES: 

LT Elena McCullough, SIO; 

LT J.W. Deese, Coast Guard (Aux); 

For the Coast Guard 

Captian Ron Wahl, Lay Representative 

For the Respondent 

BEFORE: Hon. Parlen L. McKenna 

United States Administrative Law Judge 

DECISION AND ORDER 

Docket No. 00-0381 

PA Case No.: PA00000931 

This suspension and revocation proceeding was instituted by the United States Coast 

Guard in the discharge of its duty to promote the safety of life and property at sea. It was 

brought pursuant to the legal authority contained in Title 46 U.S.C. § 7701-7705 and was 

conducted in accordance with the procedural requirements of Title 46, code ofFederal 

Regulations (CFR) part 5 and Title 33 CPR part 20. 

The hearing in this matter commenced at Tampa, FL on Wednesday, September 27, 2000. 

LT Elena McCullough, Senior Investigating Office and LT J.W. Deese (Aux), USCG duly 

authorized Investigating Officers of Marine Safety Office, United States Coast Guard, appeared 

for and represented the Coast Guard. Respondent appeared personally and was represented by 

Captain Ron Wahl (Lay Representative). A record of the hearing was made by Montana 

Reporting Services, a Certified Court-reporting firm. 
On September 15, 2000, the Coast Guard filed an Amended Complaint pursuant to 46 

U.S.C. 7703 and 46 C.F.R 5.27 charging the Respondent with Negligence, Misconduct and 

Violation of Law or Regulation as follows: 

NEGLIGENCE: The Coast Guard alleges that on September 12, 1999, at approximently 

27-27.5N, 082-43.8W, the Respondent was negligent in that he committed an act or failed 

to perform an act that contributed to a collision between the vessel Flying Bandit and tow 

line connected from vessel FL 7560KP to the person on an inner tub, which resulted in 

injury to a person on the vessel (FL 7560KP). 

MISCONDUCT: The Coast Guard alleges that on September 12, 1999, at approximently 

27-27.5N, 082-43.8W; the Respondent wrongfully failed to safely navigate the Flying 

Bandit in that he collided with the towline connected between FL 7560KP and the person 

on the inner tube, which resulted in injury to a person on the vessel (FL 7560KP). 

VIOLATION OF LAW OR REGULATION: The Coast Guard alleges that on September 

12, 1999, at approximently 27-27.5N, 082-43.8W, the Respondent violated Title 33 United 

States Code Chapter 30, § 1602 et. seq: Rule 5 -Failure to have a proper lookout; Rule 8 -

Failure to take appropriate action to avoid collision; Rule 15 -Failure to give way to stand 

on vessel you were approaching on its port side in a crossing situation; 

On September 27, 2000, a pre-hearing conference was held between the United States 

Coast Guard, the Respondent, Pierre Depasse, and the undersigned. At the conclusion of the prehearing conference, the parties requested that a Settlement Agreement be approved by the 

Administrative Law Judge; 

WHEREAS, the Coast Guard withdraws with prejudice the charges of Negligence and 

Violation of Law or Regulation; the Respondent agrees to enter a plea of "no contest" to the 

following charge ofMisconduct; 

The Coast Guard alleges that on September 12, 1999, at approximently 27-27.5N, 082-

43.8W, the Respondent: 

1) wrongfully failed to safely navigate the Flying Bandit in that he collided with the 

towline connected between FL 7560KP 

2) wrongfully failed to take appropriate action to avoid collision; and 

3) wrongfully failed to have a proper lookout. 

WHEREAS, such plea was accepted after the Respondent was advised of his due process 

rights and knowingly and providently chose not to contest the merits of this case; and 

WHEREAS, the Respondent has agreed to waive his right to appeal this case and to 

contest the validity of the instant motion and this Order; and 

2 
WHEREAS, the Respondent has no prior record with the Coast Guard; and 

WHEREAS, the Respondent lists his current address as: P.O. Box 581, Cortez, FL 

34215; 

WHEREAS, both the Respondent and the United States Coast Guard have agreed to the 

sanction set forth below; it is as follows: 

ORDERED, that the Merchant Mariner's License No. 865 802 issued to Pierre DePasse, 

the Respondent herein, and all other valid licenses and/or documents issued to him by the United 

States Coast Guard, or any predecessor authority, now held by him, are hereby suspended for one 

(1) year, six (6) months outright, with the remaining six (6) months remitted on twelve (12) 

probation. 

IT IS FURTHER ORDERED, that Respondent shall have the right to exchange two (2) 

months of his outright suspension for completion of a Rules of the Road Course. In addition, the 

Respondent shall have the right to exchange three (3) of the remaining four ( 4) months outright 

suspension by signing an agreement that he will not operate a parasail vessel for the next two (2) 

years. 

DATED: October 27, 2000 

Alameda, California 

Copy: MSO Tampa, FL 

CGD7(m) 

ALJ Docketing Center 

3 

Hon. PARLEN L. MCKENNA 

Administrative Law Judge