Kevin Lam, Sleeping While Vessel Underway, Hawaii 2011

Kevin Lam, a 43-year-old resident of Oahu, has pleaded guilty to eight charges of operating a commercial fishing vessel in a grossly negligent manner, putting the lives of his crew and other mariners at risk.

According to court documents, Lam slept for extended periods while the vessel, the Lady Ann Margaret, was underway with no other lookout or helmsman on watch. The prosecution alleged that Lam’s behavior risked the lives of his crew and a National Oceanic and Atmospheric Administration observer on board.

Lam, who was previously assessed a civil penalty of $2,500 by the Coast Guard for a similar incident, was sentenced to one year of probation and 60 hours of community service by Magistrate Judge Barry M. Kurren.

During his probationary period, Lam is prohibited from serving as Master or Person in Charge of any commercial vessel. He must also attend Coast Guard-approved training before he can serve as Master of any commercial vessel in the future.

The case was investigated by the Coast Guard Investigating Service (CGIS) and prosecuted by Assistant United States Attorney Thomas J. Brady and Special Assistant United States Attorney Angela A. Cook.

Captain Shannon Gilreath, Commander, U.S. Coast Guard Sector Honolulu, warned that mariners who intentionally sleep while on watch or abandon the wheelhouse after setting the helm on autopilot put the lives of their crews and other mariners at risk.

Florence T. Nakakuni, United States Attorney for Hawaii, said that Lam was fortunate that the incident did not result in a catastrophe.

Lam’s offenses occurred from September 7 through 14, 2011, with one offense occurring on each day.

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