B757 crew had less than legal separation on climb out at tgu.

Attributes
ACN	420350
Time
Date	199811
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : tgu airport : tgu
State Reference	FO
Altitude	msl bound lower : 8000 msl bound upper : 8000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : tgu
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	descent : approach descent other
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	420350
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	aircraft equipment other aircraft equipment : unspecified other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 12000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Near midair. Climbing IMC from tgu to FL350, switched to 126.7 departure. ATC advised traffic opposite direction on VOR approach 19 descending from 9000 ft to 7000 ft. Acquired target on TCASII 12 O'clock, no altitude, reporting less than 8 mi. ATC requested we report out of 9000 ft. TCASII TA voice and yellow target received. Heard transmission in spanish other aircraft reported 8000 ft descending. Target on TCASII at that time less than 2 mi. Told first officer turn right and pull up to climb above traffic. Target presumed to have flown below slightly left of us when we cleared 8000 ft. Tgu has been under lots of pressure lately with great amount of traffic due to relief effort.

Original NASA ASRS Text

Title: B757 CREW HAD LESS THAN LEGAL SEPARATION ON CLBOUT AT TGU.

Narrative: NEAR MIDAIR. CLBING IMC FROM TGU TO FL350, SWITCHED TO 126.7 DEP. ATC ADVISED TFC OPPOSITE DIRECTION ON VOR APCH 19 DSNDING FROM 9000 FT TO 7000 FT. ACQUIRED TARGET ON TCASII 12 O'CLOCK, NO ALT, RPTING LESS THAN 8 MI. ATC REQUESTED WE RPT OUT OF 9000 FT. TCASII TA VOICE AND YELLOW TARGET RECEIVED. HEARD XMISSION IN SPANISH OTHER ACFT RPTED 8000 FT DSNDING. TARGET ON TCASII AT THAT TIME LESS THAN 2 MI. TOLD FO TURN R AND PULL UP TO CLB ABOVE TFC. TARGET PRESUMED TO HAVE FLOWN BELOW SLIGHTLY L OF US WHEN WE CLRED 8000 FT. TGU HAS BEEN UNDER LOTS OF PRESSURE LATELY WITH GREAT AMOUNT OF TFC DUE TO RELIEF EFFORT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.