The captain of the boat that capsized near Liberty Island was hit with federal charges on Monday, and authorities are looking into whether the vessel was operating an illegal charter.
"We are standing on a vessel named the Juliet. Juliet's been operating in New York City since 2019, and this is a vessel that is inspected by the United States Coast Guard and has been certified to take over 50 passengers," said Capt. Mike Zlotowicz of Zenith Yacht Charters.
Zlotowicz runs a charter company based in Jersey City. He knows New York Harbor as well as anyone and better than most. He says what made this weekend's boating accident all the more tragic is that it didn't have to happen.
"The boat on Saturday was clearly overloaded, but that was a small boat that is probably comfortable for maybe eight adults max during the daytime, in a calm environment," he said. "New York Harbor is rarely a calm environment."
The accident killed a mother and her infant daughter. Federal prosecutors have charged the operator, 46-year-old Manuel Hernandez, with negligence and misconduct, and investigators suspect that he was running an unlicensed charter operation. Capt. Zlotowicz says it's all too common, and that the public is largely unaware of the risks.
"There is absolutely no way for a member of the public to ascertain which one of these are being run by licensed mariners-professional companies-and which ones are being run by people with absolutely none of that," he said.
Charter captains are required to be licensed. Boats hired to carry six or more passengers must be inspected annually for things like life jackets and other safety gear.
In July 2022, a similar accident on the Hudson River killed a woman and a 7-year-old boy. Zlotowicz says the Coast Guard needs to crack down.
"I've been doing this for 20 years. They have enough emails from me that if they printed them, they'd be a mile high," Zlotowicz said. "They have lists of noncompliant operators in this harbor, and it's not just from me. It's from the entire community."
He added that there is an incredible disparity between the seasoned professional mariner and the weekend warrior who's trying to put a few hundred dollars in his pocket by taking paying passengers.
There was no immediate comment from the Coast Guard.
After the 2022 boating accident, charter captains told Eyewitness News that the Coast Guard cracked down on unlicensed captains for roughly two weeks.
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