Shellfishermen File Suit Against Feds Over Oil Spill Jessica Heslam Boston Herald, Thursday, May 22, 2003 Copyright 2003 Attorney Dennis M. O'Bryan of the Fishermen's Legal Network had originally sued Bouchard Transportation after one of its barges leaked 98,000 gallons of oil into Buzzards Bay April 27. The move to seek federal funds was made, he said, so victims of the spill can file claims for federal funds and reserve their right to sue the company at a later date. Shellfish beds have been closed since the spill, and the fishermen plan to sue Bouchard for lost wages. "It's been devastating as far as there's no money coming in and that's their livelihood," said O'Bryan, who represents 30 shellfishermen, aqua culture fisheries and landowners. Officials yesterday would not comment on a Cape Cod Times report quoting a source who said the Coast Guard is probing allegations that first mate Franklin Hill, who was on duty that ill-fated afternoon, was not at the helm of the tugboat when the spill was discovered. Also under investigation is whether tugboat captain Milan LeDuc was asleep at the time of the spill, the source said. "It's part of the investigation and any details we can't discuss. Those allegations, as well as others, are part of the investigation," said Petty Officer Amy Thomas. Yesterday, more than 400 people cleaned the coast and an additional 100 hauled away waste. Oil has washed up on more than 53 miles of shoreline and killed 377 birds. "The goal here was to have all the public beaches cleaned and opened for the holiday weekend. As far as I know, they are right on track with that," said Mike Hickey, the state's chief shellfish biologist. Bouchard told the Coast Guard Monday night that 98,000 gallons had spilled - nearly seven times their original estimate of 14,700 gallons. Both the spill and gross underestimate are under investigation. A Bouchard spokeswoman refused to comment yesterday. Frank Csulak, head of the National Oceanic and Atmospheric Administration's spill assessment team, said the major gaffe won't make the environmental damage any worse than previously expected because "what was spilled, is what was spilled."