MASSIE v. GOVT. OF DEMOCRATIC PEOPLE’S OF KOREA Cite as 592 F.Supp.2d 57 (D.D.C. 2008) lance and other activities, sat dead in international waters in the Sea of Japan, approximately 25 miles from Wonson, North Korea, and 15.6 miles from the nearest land, North Korea’s Ung–Do island. See Pls.’ Trial Ex. 15 (‘‘Ex. 15’’) at 121, ¶ 211; Tr. of Damages Hr’g (‘‘Tr.’’) 11–15, April 22, 2008. 2. The vessel had no armor protection and was lightly armed with two .50 caliber machine guns, ten Browning semi-automatic rifles and a handful of .45 caliber handguns. See Ex. 15 at 113–114. 3. The Pueblo was manned by a crew of 83, which consisted of U.S. Navy personnel, including plaintiffs Massie, McClarren, and Cdr. Bucher, National Security Agency personnel, and two civilian oceanographers. See Tr. 16–17, April 22, 2008; Tr. 44, April 21, 2008. 4. About noon on January 23, 1968, the Pueblo was approached by a North Korean SO–1 class sub-chaser, hull number 35 (‘‘SC–35’’). SC–35 was at general quarters and its deck guns—a 3–inch cannon and two 57 mm gun mounts—were manned and trained on the Pueblo. See Ex. 15 at 122. 5. At 12:12, SC–35 signaled ‘‘What nationality.’’ In response, Cdr. Bucher ordered the ensign to raise the flag indicating that the Pueblo was engaged in hydrographic research. See Ex. 15 at 122, ¶¶ 228–29; Tr. 15–16, April 21, 2008. 6. At 12:20, three North Korean P–4 motor torpedo boats were seen approaching the Pueblo from the direction of Wonson, North Korea. See Ex. 15 at 123, ¶ 232. 7. Then, at 12:27, on its third swing around the Pueblo, SC–35 hoisted a new signal: ‘‘Heave to or I will open fire on you.’’ The Pueblo, after confirming its location, signaled that ‘‘I am in international waters.’’ Ex. 15 at 123, ¶¶ 233–34. 61 8. By 12:35, the torpedo boats arrived and took positions around the Pueblo while two snub-nosed MiG–21s began a menacing circling of the Pueblo. See Ex. 15 at 123, ¶¶ 240–243; Tr. 16, April 21, 2008. 9. Shortly thereafter, new flags were hoisted on one of the torpedo boats: ‘‘Follow in my wake. I have pilot aboard.’’ Ex. 15 at 124, ¶ 246. Then a boarding party transferred from the SC–35 to one of the torpedo boats, PT–604, which began backing toward the Pueblo’s starboard bow with fenders rigged. Men in helmets with rifles and fixed bayonets stood on PT–604’s deck. The signal was repeated: ‘‘Heave to or I will open fire.’’ Id. at ¶ 247. 10. In response, Cdr. Bucher hoisted the signal: ‘‘Thank you for your consideration. I am departing the area.’’ Id. at ¶ 249. 11. Cdr. Bucher then gave the order to get under way at one-third speed. As the Pueblo began moving, the torpedo boats began crisscrossing the ship’s bow and SC–35 again signaled, ‘‘Heave to or I will fire.’’ Id. at ¶¶ 252, 254. 12. After Cdr. Bucher ordered the speed of the Pueblo increased to full speed, SC–35 gave chase while sailors aboard one of the other torpedo boats, PT– 601, uncovered a torpedo tube and trained it on the Pueblo. Id. at ¶ 257. 13. At this point, SC–35 directed all North Korean vessels to clear the area and announced that it was going to open fire on the Pueblo because it would not comply with North Korean navy instructions. Seconds later, SC–35 commenced firing its 57mm guns and the torpedo boats began firing their 30mm guns. No attempt was made to man the Pueblo’s 50mm guns in order to return fire. Although most of the heavy machine gun rounds were aimed over the Pueblo, its signal mast was struck