N.Y. Navigation Law § 89-b: Pilotage on Long Island Sound and Block Island Sound; rates

§ 89-b. Pilotage on Long Island Sound and Block Island Sound; rates.

1. Every foreign vessel and every American vessel under register

transiting the New York state waters of Long Island Sound or Block

Island Sound east of Execution Rocks or Sands Point, and any such

vessels entering or departing from any port situated on the New York

state waters of Long Island Sound east of Execution Rocks or Sands

Point, shall take a Long Island-Block Island Sound pilot licensed under

the authority of this article. Every foreign vessel and every American

vessel under register transiting the New York state waters of Long

Island Sound or Block Island Sound east of a line running southeasterly

from the mouth of the Byram River at the New York-Connecticut boundary

to Oak Neck Point on Long Island shall take a pilot licensed under the

authority of this article or the laws of any other state having

concurrent jurisdiction over these waters. Notwithstanding the

provisions of this subdivision, recreational vessels as defined in

section 2101 (34) of title 46 of the United States Code of less than two

hundred feet in length may be exempted from the compulsory state

pilotage requirement at the discretion of the board of commissioners of

pilots. Whenever the services of such a pilot are refused, the master,

owners or consignees shall pay pilotage as if one had been employed. The

pilotage authorized to be collected whenever a pilot shall be refused by

a vessel shall be sued for and recovered in the name of the pilot

tendering such service. Such pilotage, when recovered, shall belong to

and may be retained by such pilot for his own benefit and use.

Recreational vessels as defined in section 2101 (34) of title 46 of the

United States Code may be exempted from the compulsory state pilotage

requirement pursuant to this subdivision at the discretion of the board

of commissioners of pilots.

2. It shall be unlawful for any person not licensed as a Long

Island-Block Island Sound pilot under this article to pilot or to offer

to pilot any foreign vessel or any American vessel sailing under

register transiting the New York state waters of Long Island Sound or

Block Island Sound east of Execution Rocks or Sands Point including any

such vessel entering or departing from any port situated on the New York

state waters of Long Island Sound east of Execution Rocks or Sands

Point, and it shall likewise be unlawful for any master or person on

board a tug or towboat to tow such a vessel transiting the New York

state waters of Long Island Sound or Block Island Sound east of

Execution Rocks or Sands Point including any such vessel entering or

departing from any port situated on the New York state waters of Long

Island Sound east of Execution Rocks or Sands Point unless such vessel

shall have on board a Long Island-Block Island Sound pilot licensed

under this article. It shall be unlawful for any person not licensed as

a Long Island-Block Island Sound pilot under this article or under the

laws of any other state having concurrent jurisdiction to pilot or to

offer to pilot any foreign vessel or any American vessel under register

transiting the New York state waters of Long Island Sound and Block

Island Sound east of a line running southeasterly from the mouth of the

Byram River at the New York-Connecticut boundary to Oak Neck Point on

Long Island.

3. Violation of subdivision two of this section shall be a misdemeanor

punishable by a fine not exceeding one hundred dollars or by

imprisonment not exceeding sixty days. Any person employing such an

unlicensed person to act as pilot shall forfeit and pay the sum of one

hundred dollars to the board of commissioners of pilots.

4. (a) Every foreign vessel and every American vessel under register

transiting the New York state waters of Long Island Sound or Block

Island Sound east of Execution Rocks or Sands Point including any such

vessel entering or departing from any port situated on the New York

state waters of Long Island Sound east of Execution Rocks and Sands

Point shall be subject to pilotage fees, at the rates hereinafter

specified. Whenever the services of such a pilot are refused, the

master, owners or consignees shall pay pilotage as if one had been

employed. Such pilotage fees may be sued for and recovered in the name

of such pilot and may be retained by him for his own use and benefit. If

such pilot at the request of the master, owners, consignees or agent of

any vessel transiting the New York state waters of Long Island Sound or

Block Island Sound east of Execution Rocks or Sands Point anchors or

moors such vessel at any place on the waters of Long Island Sound or

Block Island Sound east of Execution Rocks or Sands Point, or if such

vessel be detained at quarantine, the same pilotage fees shall be

payable and the pilot entitled to his discharge.

(b) The following scale of charges shall be applicable:

(1) Upon the effective date of this paragraph and thereafter:

All vessels shall pay eight dollars and eighty-six cents per pilotage

unit; from January first, two thousand twenty-three until January first,

two thousand twenty-four all vessels shall pay nine dollars and

ninety-seven cents per pilotage unit; from January first, two thousand

twenty-four until January first, two thousand twenty-five, all vessels

shall pay ten dollars and twenty-seven cents per pilotage unit; from

January first, two thousand twenty-five until January first, two

thousand twenty-six all vessels shall pay ten dollars and fifty-eight

cents per pilotage unit; from January first, two thousand twenty-six

until January first, two thousand twenty-seven all vessels shall pay ten

dollars and eighty-nine cents per pilotage unit; on and after January

first, two thousand twenty-seven all vessels shall pay eleven dollars

and twenty-two cents per pilotage unit.

(2) A minimum charge calculated on two hundred pilotage units shall

apply to vessels of less than two hundred units of measurement. A

maximum charge calculated on five hundred pilotage units shall apply to

vessels of more than five hundred units of measurement.

(3) Pilotage units, as used in this subdivision, shall be determined

by multiplying the overall length of the vessel by the extreme breadth

by the depth to the uppermost continuous deck and dividing the total by

ten thousand, as expressed in the following formula:

Overall length x extreme breadth x depth

________________________________________________

10,000

equals pilotage units

(4) After entering Long Island Sound or Block Island Sound or before

departing therefrom, all vessels piloted for less than twenty-five miles

shall pay a transporting charge equal to two-thirds of the statutory

rate for registered vessels.

(5) A pilot detained on board a vessel at anchor or detained on board

a vessel at berth for more than two hours shall be paid at the rate of

twenty-five dollars per hour or fraction thereof.

(6) A pilot carried off on board a vessel by reason of bad weather or

any other cause shall be paid two hundred dollars per day during the

time of his detention. He shall also be awarded first class return

transportation at the earliest possible time.

(c) Definitions. "Overall length" is the distance between the forward

and after extremities of the vessel.

"Extreme breadth" is the maximum breadth to the outside of the shell

plating of the vessel.

"Depth" is the vertical distance at amidships from the top of the keel

plate to the uppermost continuous deck, fore and aft, and which extends

to the sides of the vessel. The continuity of a deck shall not be

considered to be affected by the existence of openings, including but

not limited to tonnage openings, engine spaces, or a step in the deck.

All measurements shall be in feet and inches (U.S.).

The board of commissioners of pilots shall be the sole arbiter with

respect to a question concerning these definitions. The decision by the

board shall be final.

(d) The measurements of overall length, extreme breadth, and depth as

previously defined, shall be made available to the pilot by the master

or his agent for the computation of pilotage fees. Failure to provide

the measurements so required shall subject the vessel to the maximum

pilotage charge.

5. The board of commissioners of pilots is hereby authorized to

execute an agreement with the appropriate state pilotage authority of

any state for establishment of a rotation system for the assignment of

pilots for the conduct of vessels in the ports and waters of the state,

including the waters of Long Island Sound.