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States Navy in 2003, petitioner captained its replacement, the
Lewis and Clark. The Lewis and Clark was smaller and slower than
the Clipper III. As a result, the company altered the peak-
season schedule to limit the voyages to Friday Harbor and
discontinued the Friday Harbor to Victoria leg of the voyage for
the entire season. Occasionally, petitioner captained another
ferryboat because of a shift trade with another captain or to
cover for an ill captain.5
The ferryboats petitioner captained during the peak-seasons
for the years at issue generally followed the schedules below:
Departure/arrival 2001 2002 2003
Depart Seattle1 7:30 a.m. 7:45 a.m. 7:45 a.m.
Arrive Friday Harbor 10:30 a.m. 11:15 a.m. 11:15 a.m.
Depart Friday Harbor 11:00 a.m. 11:45 a.m. ---
Arrive Victoria 12:45 p.m. 1:30 p.m. ---
Depart Victoria 1:45 p.m. 2:00 p.m. ---
Arrive Friday Harbor 3:30 p.m. 3:45 p.m. ---
Depart Friday Harbor 4:00 p.m. 4:15 p.m. 4:30 p.m.
Arrive Seattle2 7:00 p.m. 7:15 p.m. 7:15 p.m.
1 Passengers generally start boarding 45 minutes to an hour
before departure.
2 As stated above, the Seattle arrival time could be later
because of unpredictable circumstances.
In 2001 and 2002, the Clipper III had a 30-minute-to-1-hour
layover in Victoria and Friday Harbor. In 2003, the Lewis and
Clark voyages had a layover in Friday Harbor that lasted over 5
hours. During all layovers neither petitioner nor the crew were
5 For purposes of this Opinion peak travel season voyages
are only the voyages performed with the Clipper III and the Lewis
and Clark.
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