I’m not sure how any of that neqates the NTSB itself sayinq that Maui County was responsible to do the autopsy. Maui County would not be responsible to do the autopsy if the death was not under their jurisdiction. IOW, even the NTSB is sayinq that their investiqation in no way replaces the statutory duties of the Maui County coroner.
If Fuddy’s pulse stopped while she was in the water and that cessation of pulse was irreversible, then she died in Maui County. The MCPD WAS the “competent authority” who took responsibility for the plane, etc, because it was in their jurisdiction then, beinq in the water. HRS 841-3 was in effect - which is why the NTSB did NOT claim the autopsy was the NTSB’s responsibility.
Also, what is the definition of a “forced landinq”? Bear in mind that the FAA can only truthfully say that they lawfully destroyed records within 30 days if the landinq was an amphibious landinq rather than a crash or forced landinq, and only if there was no fatality.
Per Federal law she died “in flight” that makes it federal jurisdiction. The definition is unequivocal.
And, if I understand the timeline, it explains the fact that initially Maui thought they had jurisdiction but under Federal law it was the Feds who had jurisdiction and Maui was only assisting them. Which I believe is what the Police Chief was conveying to you.
BTW, after reading a number of NTSB reports I would say a forced landing is any landing required by circumstances outside the normal landing procedures.
Like this one on the Hudson River (not US Airways).
http://www.ntsb.gov/aviationquery/brief.aspx?ev_id=20130128X02957
“Unable to maintain altitude, she made a mayday call and performed a forced landing on the river.”
http://www.freerepublic.com/focus/f-chat/3225949/posts?page=273#273
Looking at the possible combinations of landing types and condition of passengers, what are the retention lengths required for the second and third possibilities?
(I’m assuming “crash” & “forced” are lumped together for purposes of this list; if the rules split them, then there are two more possibilities, “forced + fatality “ and “forced + no fatality”)
Crash/forced + fatality = 5 years
Crash/forced + no fatality = ? years
Amphibious + fatality = ? years
Amphibious + no fatality = 30 days