Hudson River shipping stakeholders oppose anchoring ban

Photo: Shutterstock

Mariners operating in New York’s Hudson River are confronting safety challenges amidst efforts to prohibit anchoring in an area prone to dense fog, high winds, and other unpredictable weather conditions. Anchoring is crucial for routine vessel operations, such as crew rest and maintenance. Previously, the maritime industry collaborated on formal regulations for anchorage areas along the river, a move supported by the U.S. Coast Guard.

In 2016, the Coast Guard, emphasizing the importance of anchorages for navigational safety, introduced a proposed rule to establish additional anchorage sites, which underwent public comment. While the proposal garnered support from the navigation industry, it faced opposition from many residents in the Hudson Valley. Under public and political pressure, the Coast Guard ultimately withdrew the proposed rule.

On January 25, 2023, the Coast Guard issued an information bulletin (MSIB 2023-001) that redefined the Port of New York to only include the Hudson River as far north as the Cuomo Bridge at Tarrytown, N.Y. The area north of the Cuomo Bridge is now outside the port and anchoring is subject to the Coast Guard’s “Inland Navigation Rules.”

More recently, Congressmen Patrick Ryan (D-N.Y.) and Marc Molinaro (R-N.Y.) introduced the “Hudson River Protection Act.” The representatives inserted language into the 2024 Coast Guard authorization bill that would prohibit operators from anchoring on the Hudson River. This past spring, the House passed the authorization bill with that language included.

“The bill does not merely prohibit the creation of additional anchorages; it bans anchoring altogether, except within the few existing anchorages,” says Brian Buckley McAllister, president of New York City-headquartered McAllister Towing. “This legislation effectively strips experienced captains of their ability to ensure the safety of their crew, their vessel, and the river. By degrading the safety of the marine transportation system, this law would put more trucks on the road.”

“I am very concerned about the precedent this anchoring ban would set. Anchoring is an incredibly important safety practice,” says Brian Vahey, vice president – Atlantic Region for the American Waterways Operators (AWO). “Towing vessel captains who have been working on the Hudson River for decades, Hudson River pilots who have been working on the river for decades, and the U.S. Coast Guard have all made this point very clear. Congressional lawmakers should not rob operators of their ability to anchor—be it on the Hudson River or any other commercial waterway. Congress is interfering with the mission of the Coast Guard to ensure safe navigation on our nation’s waterways.”

The Coast Guard has previously affirmed the importance of anchoring on the Hudson River, noting in its 2023 report to Congress on the subject:

“The historic practice for commercial vessel anchoring left the determination of when, where and how to anchor to professional mariners. These individuals are the most knowledgeable about navigation risks and are responsible for the safety of their vessels. Historic anchoring practices have permitted commercial vessels to anchor safely for crew rest, to await better weather conditions, to avoid traffic congestion, and to correct mechanical issues. … Hudson River navigation practices resulted in relieving surface/road transportation congestion, a diverse and more resilient national transportation system, and improved environmental sustainability of the surface transportation system, including reduced per ton-mile energy consumption and emissions.”

The report adds, in reference to the establishment of anchorage grounds:

“By establishing anchorage grounds, vessels have designated areas to anchor throughout the Hudson River, thus preventing vessels from anchoring within the navigable channel and in locations with restricted visibility or limited maneuverability.”

Tugboat, towboat and barge industry leaders and other stakeholders—including McAllister and AWO—recently submitted a joint letter to Chair Maria Cantwell (D-Wash.) and Ranking Member Ted Cruz (R-Texas) of the Senate Commerce Committee, expressing strong opposition to the House bill’s proposed anchoring ban and urging Cantwell and Cruz to oppose the provision. 

As the letter states in part: “Anchorages are needed for safety, especially when conditions on the Hudson River are not optimal for safe navigation. Such conditions could include foul weather, ice, vessel traffic congestion, lack of available safe berthing, or crew fatigue. Tug and barge units anchor only on a temporary basis and out of the main channel of the river where other vessels operate. Anchorages in no way lead to increased traffic on the river—but, as the Coast Guard acknowledged—are a way of enhancing safety for vessels currently operating on the Hudson.”

Capt. Rick Iuliucci, vice president – operations for The Vane Brothers Company based in Baltimore, Md., says that the Hudson Valley is subject to heavy dense fog at many times during the year, along with strong frontal passages that may require the Officer on Watch to reduce speed, or suspend the voyage until weather abates.

“Without the ability to anchor, if caught in weather conditions such as this, the Officer of the Watch has limited options, including, if weather such as this is forecasted, do they commence the voyage at all? If a weather event is un-forecasted, do they have an option at all to safely ride out the storm or restricted visibility situation,” asks Iuliucci. “This leads to supply chain issues, added congestion and inefficient fuel consumption, caused by extended reduced speed, idling and excessive maneuvering.”

Iuliucci and other river shipping operators agree that having designated anchorage areas along the Hudson River would eliminate these issues and increase the safety and reliability of the marine transportation system along the river. “It would ensure a safe, reliable mode of transport that not only delivers most of the home heating and refined gasoline and distillate products to not only the Hudson Valley, but also western portions of New England, and delivers containerized freight to consumers and bulk materials for the construction trade. Likewise, the Port of Albany, to be competitive in the global marketplace, needs to ensure that it has access to world marketplaces for export of goods throughout the world,” says Iuliucci.

“The Hudson River is not just a waterway; it is a lifeline for the communities that depend on the goods we transport, and an alternative to more road traffic,” adds McAllister. “The proposal by Congressmen Patrick Ryan and Marc Molinaro would degrade the marine transportation system. We oppose this legislation and will continue to devote ourselves to safe and efficient maritime commerce on the Hudson River.”

The stakeholder letter sent by AWO and others concludes: “Barging is the safest, most energy-efficient and environmentally friendly form of commercial transportation available, both in New York and the nation. Every licensed pilot operating a tug on the Hudson has met Coast Guard-mandated recency requirements of having made 12 round-trip transits on the river, one-third of those at night. However, if enacted, Sec. 354 would prohibit anchorages on two-thirds of the Hudson River, thereby placing vessels and their crews at risk. In addition, enactment of Sec. 354 would set a precedent that potentially opens other waterways to similar proposals antithetical to safety. We urge you to oppose Sec. 354 of H.R. 7659.”