The Conception had been Exempted from USCG Fire Safety Standards

U.S. Coast Guard records show that 11 boats classified solely for diving -- including eight in California -- were given special exemption from 1996 safety standards, which were developed after fires and other accidents had killed dozens during the previous 30 years. The 'grandfathering provision' meant that these boats -- the Conception included -- did not have to make required changes, which included adding larger escape hatches.

The Coast Guard's oversight has come under scrutiny following FBI agents' search of the Truth dive boat, sister vessel, the Conception, the dive boat that burned and sank, killing 34 people during the early hours of September 2. Not everyone in the industry agrees that sweeping regulations are needed (some believe it will impinge on profitability or even the viability of modernizing older vessels), but legislation introduced in Congress in December would require vessels to have at least two separate escape exits, strengthen standards for fire alarm systems, and create mandatory safety rules for the handling and storage of electronic devices with lithium-ion batteries.

Meanwhile, the Los Angeles Times reports that there are growing questions about whether the operator of Conception regularly had roving watches on its boats as required by the U.S. Coast Guard's unambiguous rule that at least one crew member must be roving the vessel whenever passengers are in the bunk area, regardless of whether the vessel is docked or at sea.

In interviews reported by the Los Angeles Times, two former captains for Truth Aquatics -- which owns both the Conception and its sister boats, the Vision and Truth -- said that when they operated the company's boats, they didn't have formal roving watch schedules.

James Hrabak, a Vision captain from 2001 to 2003 and now a relief captain, said his crew regularly checked the boat at night but did not have a formal night watch. He believed the lack of a roving watch is a widespread problem in the boating industry because few incidents occurred when boats were anchored at night, so captains may not see the need.

Since the Conception tragedy, owners and captains have been scurrying to make safety improvements, including updating policies for a roving watch. Carl Mayhugh, captain and owner of the Magician dive boat in Ventura County, said he installed an electronic device in the galley that a crew-member on roving watch must punch every 15 minutes or an alarm will go off.

Capt. Joe Chait, who owns the fishing charter Pegasus in San Diego, said the Conception disaster should be a wakeup call for the boat industry about the impotance of night watches. One would hope so.