The gist of it is:
"The ferry's captain told the USCG that he did not see the group of kayakers due to glare, and the Coast Guard concluded that he bore a share of the blame: "The vessel captain did not maintain a safe speed or a lookout once the sun glare existed and was . . . at fault in the incident," the final report found. In addition, the Coast Guard said that the Manhattan Kayak Company (MKC) was at fault for "not taking action early in the trip to avoid collision" and for failing to notify ferry operators that they would be running a tour in the area. "
"Failing to notify" is an interesting standard. Under what circumstances and when (after launching? periodically? when you are about to become a speed bump?) would a group of kayakers be expected to notify other vessels in the area of their presence in order to avoid liability in the event of a collision?
The Connyak BBS