D.A. Recommends Tighter Water Regulations

(This story was posted by Edward Robinson; it was written by Heather Doyle and Joe Dowd.)

Too many people were aboard theKandi Won when it capsized and killed three children a year ago, according to a report released Wednesday by Nassau District Attorney Kathleen Rice.

The detailed account described the findings of a year-long investigation that determined the overcrowded cabin cruiser, with 27 aboard, sank after being hit at an odd angle by a wave. The sinking cost the lives of David Aureliano, 12, of Kings Park, Harlie Treanor, 11, of Huntington Station, and family friend Victoria Gaines, 7, of Huntington.

"The Kandi Won capsized and sank as a result of being overloaded and apparently encountering a 90-degree wave," according to the report.

The report also found the operation of the boat, "including the number of people on board," was "ultimately responsible" for the tragedy. 

According to the report, the boat had been unsteady that night, likely due to its overcrowding. While witnesses said the Kandi Won had operated with large numbers of passengers without any incidents before the tragedy, the combination of a large wave and a top-heavy vessel caused it to capsize and sink.

The report contains a detailed synopsis of the events of that fateful night, including witness testimony stating the night of the fireworks display on Oyster Bay had been "uneventful."

In January, Rice said there was insufficient evidence to bring criminal charges against the owner and operators of the Kandi Won. While it is inadvisable and dangerous, there is no law preventing a boat of that size to exceed the recommended number of passengers, experts have confirmed.

But in the D.A.'s report, Rice called for critical changes to boating safety and called for stricter regulations and enforcement.

They include: 

• Recreational boating safety regulations under federal law should be mandated in the same manner as motor vehicle safety regulations. The current safety standards should be reviewed, expanded to include all sizes of recreational vessels.
• The law should be amended to require capacity standards and capacity plates as a basic safety requirement of all vessels, regardless of size or use.
  
• The U.S. Coast Guard and law enforcement and rescue agencies should improve their communications.
• The state Legislature should work toward include all boaters in a law set to go into effect next year that will require young boaters, under 17, to be certified to operate a boat.