N.Y. Navigation Law § 87: Board of commissioners of pilots; powers and duties

§ 87. Board of commissioners of pilots; powers and duties. 1. There

shall continue to be in the city of New York, a board entitled the

"board of commissioners of pilots," consisting of six persons, who shall

hold their offices respectively, for two years from the time of their

election, and until their successors are elected and have qualified. The

governor, temporary president of the senate and the speaker of the

assembly shall each appoint one commissioner. Two other of such

commissioners shall be elected by the presidents and vice-presidents of

the marine insurance companies of the city of New York, composing or

represented in the board of underwriters of such city, at a regularly

convened meeting of such board. Notice of such meeting shall be given by

the secretary of the board of underwriters or some member of the board

duly authorized by it and it shall state that the election of

commissioners will take place. Such notice shall be given in writing at

least one day before the election and shall be delivered at the office

of such company. Each insurance company represented at such meeting

shall be entitled to one vote, and the certificate of the secretary of

such board, or of any officer acting in his stead, shall be sufficient

prima facie evidence of an election. The sixth commissioner shall be

appointed by the governor from among the members or the staff of the

Albany port district commission for a term of two years and until his

successor is appointed and has qualified. No person shall be elected or

appointed to the board of commissioners of pilots who holds or

heretofore held a pilot's license issued pursuant to this article or

pursuant to any law, rule or regulation of this state or any political

subdivision, board, commission or authority of this state or of any

other state or pursuant to any federal law, rule or regulation. Of the

six members of the board of commissioners of pilots, at least four

commissioners shall have been a licensed deck officer in the United

States Merchant Marine or an unrestricted line officer in the United

States Naval Service or a commissioned officer in the United States

Coast Guard, and commanded a navigation watch on an ocean going vessel.

The remaining two commissioners shall each have a minimum of five years

of experience within the maritime industry. Upon the expiration of the

term of office of any commissioner or commissioners, or within thirty

days prior thereto, and upon any vacancy occurring by death,

resignation, removal from the state, or other cause, another election or

appointment to fill such office for the term of two years shall be held

by the same class of persons or authority which had previously held the

election or appointment for the office so expiring or becoming vacant.

2. Each commissioner, before entering upon the duties of his office,

shall take the constitutional oath of office before an officer

authorized to administer oaths, which oath or affirmation shall be

filed, without delay, in the office of the clerk of the county of New

York.

3. The board of commissioners shall appoint and at pleasure remove a

secretary and shall prescribe his duties and fix his compensation. Such

secretary shall take a like oath, to be filed in like manner, as

provided in subdivision two. The board shall establish an office in some

convenient place in the city of New York, where the commissioners shall

meet on the first Tuesday of every month, or more frequently by

adjournment, or upon a notice given by any one of them, or by the

secretary, as the circumstances may require.

4. The commissioners shall require the secretary in person or by

deputy to be in daily attendance at their office during reasonable

office hours on all ordinary business days. They shall cause the

secretary to keep a proper book or books, in which all the rules and

regulations, official transactions and proceedings, and whatever else

may be deemed by them proper and useful and immediately pertaining to

their duties or to the pilot service, shall be entered. They shall also

cause the secretary to keep a register of the names and addresses of all

the pilots licensed by them, with the dates of their licenses. Such

books may be inspected by any person interested.

5. The decision of a majority of the commissioners shall be conclusive

upon all questions arising under this article, except as otherwise

provided. In case of an omission to fill any vacancy in the board of

commissioners for one month, the remaining commissioners shall have and

exercise all of the powers and duties of the board until the vacancy is

filled.

* 6. (a) The board of commissioners of pilots shall advise the

governor and the legislature on matters pertaining to pilotage fees. The

board is authorized to review all aspects relevant to the determination

of pilotage fees for vessels entering or departing from the Port of New

York by way of Sandy Hook and by way of Sands Point or Execution Rocks;

for vessels transitting the Hudson river between Yonkers and the dam at

Troy; and for vessels transitting Long Island Sound and Block Island

Sound east of a line from City Island avenue on City Island through

Stepping Stones Light and entering or departing from any port on the New

York state waters of Long Island Sound east of Sands Point or Execution

Rocks for the purpose of making recommendations consistent with the

objectives of assuring public safety, protection of property, and the

protection of the environment. The board shall give due consideration to

the following:

(1) The costs and other expenses incurred by pilots in providing the

required services;

(2) The amount sufficient to provide a net return to the pilots which

will attract and hold competent persons;

(3) Pilotage rates for comparable services on other waters of the

United States;

(4) The methods of establishing pilotage rates for other waters of the

United States;

(5) Economic factors affecting the shipping industry and pilot

services in the areas under the jurisdiction of the board;

(6) Additions or modification of equipment in pilot vessels required

to adequately protect persons, property, and the environment;

(7) Auditors' reports pertaining to the income and expenses of pilot

associations;

(8) The number of pilots needed to provide and maintain adequate

services for the areas under the jurisdiction of the board;

(9) Review of the apprentice and training programs for the purpose of

determining the numbers of persons needed to fill vacancies in the pilot

services as they arise;

(10) Any other information deemed pertinent by the board.

(b) The board of commissioners of pilots shall submit to the governor

and the legislature a report containing its findings and recommendations

on pilotage fees on or before March first of each year.

* NB Expired June 30, 1995