Whale-watching crew
faultless, says initial probeA 3-year-old boy died after hitting
his head during a tour Thursday
The U.S. Coast Guard is continuing its investigation of an accident aboard a whale-watching tour boat that killed a 3-year-old boy on Christmas, but officials said a preliminary probe shows no wrongdoing by the boat's crew.
The medical examiner identified the victim yesterday as Ryker David-Lee Hamilton, of Norfolk, Va.
The boy was with his father, Ryan Hamilton, of Norfolk, aboard the 108-foot whale-watching boat American Dream about 10 a.m. Thursday morning when the captain spotted a pod of whales and headed for it, according to the Coast Guard.
As the 100-foot boat carrying 75 passengers and crew headed toward the pod, another pod of whales surfaced next to the boat, said Coast Guard Commander Todd Offutt.
Offutt said the captain veered the boat to avoid the whales in accordance with standard operating procedures.
"Whales are big, and hitting a whale feels like hitting a vessel," said Offutt.
Offutt said witnesses had "varying accounts of what happened," but the preliminary investigation finds that the captain took "evasive action" and that the boy hit his head on the railing of the boat and lost consciousness.
A pediatric nurse who was a passenger on the boat gave the child CPR and helped him until a helicopter arrived. The boy was taken to the Queen's Medical Center where he was later pronounced dead.
The boy died of blunt force injuries of the head and neck, the city medical examiner's office said.
Offutt said the preliminary investigation "indicates no apparent wrongdoing" and that there was "no way the master (of the vessel) could have determined that the pod of whales was there."
Offutt said reports that the tail of the whale hit the boy or others were inaccurate.
"It was a tragic accident," said Offutt, adding, "Some people might even chalk it up to an act of God."
Offutt said the point of the investigation is to analyze what happened and whether such incidents could be avoided in the future with changes in policy or regulations governing whale watching.
Whales are protected by federal laws and the National Marine Fisheries Service. Within 200 miles of the Hawaiian Islands, it is illegal to approach within 100 yards of a humpback whale or to travel faster than a whale. If a pod is encountered, the boat is required to travel no faster than the slowest-swimming whale.
Offutt noted that whales are unpredictable and that they do surface near boats, which legally is not the fault of the boat. He said the investigation could take anywhere from five days to a year to complete, depending on factors such as the availability of witnesses.
Dream Cruises Hawaii, the owner of the tour boat, is required to file a report within five days of the accident.
Immediately after the accident, the crew was tested for drugs, a routine requirement after any accident involving an injury requiring more than a first-aid kit, said Offutt.
The Coast Guard leads the investigation because it licenses and inspects such tour boats.
The Associated Press contributed to this report.