New York has finalized guidelines for commercial fishing boats seeking safe harbor in storms and other adverse conditions, eight months after the state lost a court case against one East End fisherman because the rules weren’t in writing.
The state Department of Environmental Conservation says the new safe harbor guidelines will give clarity to fishing boat captains faced with potential dangers at sea by defining the conditions under which they can seek permission to enter New York ports while on federally registered commercial fishing trips. The guidelines require captains to notify and seek permission from the DEC before entering ports in the state.
The guidance applies when ships are experiencing a mechanical breakdown, face unsafe weather conditions with winds at 35-plus knots and waves of more than 10 feet, have lost essential equipment, or have a “significant” medical emergency.
The DEC “may require the vessel captain to independently verify the reason for the unscheduled dockage with a mechanic deemed qualified by New York State, the National Weather Service or a medical professional,” according to the rules.
