Harbor board seeks safety barrier after guests fall off Berth 3 dock

The Portsmouth Harbor Board voted Tuesday to recommend the city install safety barriers on Berth 3 dock after a tour operator reported at least 10 people have fallen into the water from the unprotected 300-foot section.

David Lethin, owner of Bering Sea Crab Fisherman's Tour, told the board he has pulled 10 guests from the water over recent years after they fell from the outboard side of the dock, which faces open water. One person fell from a hovercraft last year. The 300-foot dock has no bull rail or safety barrier on the side where passengers disembark.

Lethin asked the city to install aluminum fencing at least 12 feet long where his guests exit the gangway and turn toward the ramp. He later said the city should consider a railing down the full outboard side of the dock. He said the city previously denied his request to install fencing, citing policy against dock modifications and the lack of reserved dock space.

Board member Speaker H said the dock is not set up for elderly people or those with disabilities. She said many facilities are not ADA accessible and safe. She said the city is behind the times.

The board voted unanimously to recommend the city council approve safety barriers. Ports and Harbors Director Speaker B said any modification would require review by the city's engineering department. He said he would not proceed without consulting the planning and development department.

Board Chair Speaker A asked whether the narrow side of the dock poses the greatest risk because passengers cannot move easily. Lethin confirmed the narrow side is the problem.

Speaker B said the city does not normally allow dock modifications and that tour operators are responsible for safely moving passengers from the ramp to their vessels. He said the request would be forwarded to the city council as an agenda item.

Board member Speaker F said the city could face liability if someone is injured or dies. He asked whether the city would be sued if someone went over the side. He said a plaintiff would argue the city should have had a barrier there.

Electrical billing dispute

The board also discussed electrical billing at Berth 3. Lethin said his monthly electrical bill jumped from $250 to $1,600 this year because the city now charges based on vessel length rather than consumption. He said the footage-based charge is inequitable because a 20-foot vessel using the same power as a 100-foot vessel pays a quarter of the cost.

Speaker B said the city gave Lethin a special pass-through rate in prior years that was not authorized by ordinance. He said all transient vessels at Berth 3 now pay the daily harbor rate and daily electrical rate based on vessel length, as required by city code. The dock space is first-come, first-served and not officially reserved, he said.