Tugboat's chief mate is charged in oil spill

The chief mate on the tugboat that spilled as much as 98,000 gallons of fuel oil into Buzzards Bay two years ago was charged yesterday with violating federal environmental laws, the first individual to face charges in one of the worst oil spills in New England history.

US Attorney Michael J. Sullivan charged Franklin Robert Hill, 53, of Jacksonville, Fla., with one count of violating the Clean Water Act and one count of violating the Migratory Bird Treaty Act. If convicted, Hill faces 18 months in prison and fines.

Investigators say that on April 27, 2003, Hill abandoned the helm of the tugboat, Evening Tide, to work on the tow line. As a result, the vessel veered out of a well-marked channel at the mouth of Buzzards Bay and struck nearby rocks. Oil spilled from a barge the vessel had under tow, killing about 450 seabirds, closing thousands of acres of shellfish beds, and polluting nearly 90 miles of shoreline.

Hill could not be reached for comment. He declared bankruptcy six months after the oil spill, according to court records. His lawyer, Peter Ball, said yesterday that court rules prohibit him from talking about the case.

In November, New York-based Bouchard Transportation Co., which owned and operated the tugboat, paid a record $9 million fine after pleading guilty to the same charges as Hill's. An additional $1 million fine was suspended as long as Bouchard complies with requirements of a three-year probation.

The barge under tow was carrying 4.1 million gallons of thick fuel oil from Philadelphia to Sandwich. Investigators found that all navigational, steering, and communications equipment was working properly. The tug's bridge had updated electronic and paper navigational charts showing the local hazards, they found.

But investigators say Hill was not on the bridge, having left the wheel for about 15 minutes to pull in the tow line connected to the trailing barge.

''At no point did he seek assistance from other crew members to serve as a lookout to ensure that the vessel stayed on course," according to the criminal complaint against Hill. ''The defendant also knew that he had left his hand-held radio in the wheelhouse, so he was not able to communicate with other vessels in the area while he was at the stern. It was during this period that the defendant lost his awareness of the vessel's heading."

Hill, the complaint states, missed radio warnings from another tug, the Carl Ray, which was traveling behind the Evening Tide at the time it ran aground. The rock outcropping ripped a 12-foot-long gash in the bottom of the barge that was in spots a foot wide and up to 21 inches deep.

More than 450 federally protected birds, including common loons, red-throated loons, common eiders, and black scoter, were found dead after coming into contact with the oil, primarily used by power plants. Some birds affected by the oil were rehabilitated and returned to the wild.

The spill also caused the closure of prime shellfish beds in Buzzards Bay. The cost of the cleanup is expected to run into tens of millions of dollars. Environmentalists have said the long-term impact of the spill will not be known for several years.

The Legislature passed and Governor Mitt Romney signed a law last year that aims to prevent oil spills and penalize polluters more heavily.

Among other provisions, barge operators must use local pilots, and vessels must secure bonds against accidents.

The law, which followed many of the recommendations from a commission established after the spill, also created a cleanup trust fund financed by a 2-cent-per-barrel fee on petroleum products delivered to Massachusetts terminals.

Mac Daniel can be reached at mdaniel@globe.com.