§ 89-B — Pilotage on Long Island Sound and Block Island Sound; rates

New York § 89-B

• Jurisdiction: New York
• Law NAV: Navigation
• Art. 6: Pilots and Pilotage Fees, Port of New York

Text

§ 89-b. Pilotage on Long Island Sound and Block Island Sound; rates.\n1. Every foreign vessel and every American vessel under register\ntransiting the New York state waters of Long Island Sound or Block\nIsland Sound east of Execution Rocks or Sands Point, and any such\nvessels entering or departing from any port situated on the New York\nstate waters of Long Island Sound east of Execution Rocks or Sands\nPoint, shall take a Long Island-Block Island Sound pilot licensed under\nthe authority of this article. Every foreign vessel and every American\nvessel under register transiting the New York state waters of Long\nIsland Sound or Block Island Sound east of a line running southeasterly\nfrom the mouth of the Byram River at the New York-Connecticut boundary\nto Oak Neck Point on Long Island shall take a pilot licensed under the\nauthority of this article or the laws of any other state having\nconcurrent jurisdiction over these waters. Notwithstanding the\nprovisions of this subdivision, recreational vessels as defined in\nsection 2101 (34) of title 46 of the United States Code of less than two\nhundred feet in length may be exempted from the compulsory state\npilotage requirement at the discretion of the board of commissioners of\npilots. Whenever the services of such a pilot are refused, the master,\nowners or consignees shall pay pilotage as if one had been employed. The\npilotage authorized to be collected whenever a pilot shall be refused by\na vessel shall be sued for and recovered in the name of the pilot\ntendering such service. Such pilotage, when recovered, shall belong to\nand may be retained by such pilot for his own benefit and use.\nRecreational vessels as defined in section 2101 (34) of title 46 of the\nUnited States Code may be exempted from the compulsory state pilotage\nrequirement pursuant to this subdivision at the discretion of the board\nof commissioners of pilots.\n 2. It shall be unlawful for any person not licensed as a Long\nIsland-Block Island Sound pilot under this article to pilot or to offer\nto pilot any foreign vessel or any American vessel sailing under\nregister transiting the New York state waters of Long Island Sound or\nBlock Island Sound east of Execution Rocks or Sands Point including any\nsuch vessel entering or departing from any port situated on the New York\nstate waters of Long Island Sound east of Execution Rocks or Sands\nPoint, and it shall likewise be unlawful for any master or person on\nboard a tug or towboat to tow such a vessel transiting the New York\nstate waters of Long Island Sound or Block Island Sound east of\nExecution Rocks or Sands Point including any such vessel entering or\ndeparting from any port situated on the New York state waters of Long\nIsland Sound east of Execution Rocks or Sands Point unless such vessel\nshall have on board a Long Island-Block Island Sound pilot licensed\nunder this article. It shall be unlawful for any person not licensed as\na Long Island-Block Island Sound pilot under this article or under the\nlaws of any other state having concurrent jurisdiction to pilot or to\noffer to pilot any foreign vessel or any American vessel under register\ntransiting the New York state waters of Long Island Sound and Block\nIsland Sound east of a line running southeasterly from the mouth of the\nByram River at the New York-Connecticut boundary to Oak Neck Point on\nLong Island.\n 3. Violation of subdivision two of this section shall be a misdemeanor\npunishable by a fine not exceeding one hundred dollars or by\nimprisonment not exceeding sixty days. Any person employing such an\nunlicensed person to act as pilot shall forfeit and pay the sum of one\nhundred dollars to the board of commissioners of pilots.\n 4. (a) Every foreign vessel and every American vessel under register\ntransiting the New York state waters of Long Island Sound or Block\nIsland Sound east of Execution Rocks or Sands Point including any such\nvessel entering or departing from any port situated on the New York\nstate waters of Long Island Sound east of Execution Rocks and Sands\nPoint shall be subject to pilotage fees, at the rates hereinafter\nspecified. Whenever the services of such a pilot are refused, the\nmaster, owners or consignees shall pay pilotage as if one had been\nemployed. Such pilotage fees may be sued for and recovered in the name\nof such pilot and may be retained by him for his own use and benefit. If\nsuch pilot at the request of the master, owners, consignees or agent of\nany vessel transiting the New York state waters of Long Island Sound or\nBlock Island Sound east of Execution Rocks or Sands Point anchors or\nmoors such vessel at any place on the waters of Long Island Sound or\nBlock Island Sound east of Execution Rocks or Sands Point, or if such\nvessel be detained at quarantine, the same pilotage fees shall be\npayable and the pilot entitled to his discharge.\n (b) The following scale of charges shall be applicable:\n (1) Upon the effective date of this paragraph and thereafter:\n All vessels shall pay eight dollars and eighty-six cents per pilotage\nunit; from January first, two thousand twenty-three until January first,\ntwo thousand twenty-four all vessels shall pay nine dollars and\nninety-seven cents per pilotage unit; from January first, two thousand\ntwenty-four until January first, two thousand twenty-five, all vessels\nshall pay ten dollars and twenty-seven cents per pilotage unit; from\nJanuary first, two thousand twenty-five until January first, two\nthousand twenty-six all vessels shall pay ten dollars and fifty-eight\ncents per pilotage unit; from January first, two thousand twenty-six\nuntil January first, two thousand twenty-seven all vessels shall pay ten\ndollars and eighty-nine cents per pilotage unit; on and after January\nfirst, two thousand twenty-seven all vessels shall pay eleven dollars\nand twenty-two cents per pilotage unit.\n (2) A minimum charge calculated on two hundred pilotage units shall\napply to vessels of less than two hundred units of measurement. A\nmaximum charge calculated on five hundred pilotage units shall apply to\nvessels of more than five hundred units of measurement.\n (3) Pilotage units, as used in this subdivision, shall be determined\nby multiplying the overall length of the vessel by the extreme breadth\nby the depth to the uppermost continuous deck and dividing the total by\nten thousand, as expressed in the following formula:\n Overall length X extreme breadth X depth\n ________________________________________________\n 10,000\n equals pilotage units\n (4) After entering Long Island Sound or Block Island Sound or before\ndeparting therefrom, all vessels piloted for less than twenty-five miles\nshall pay a transporting charge equal to two-thirds of the statutory\nrate for registered vessels.\n (5) A pilot detained on board a vessel at anchor or detained on board\na vessel at berth for more than two hours shall be paid at the rate of\ntwenty-five dollars per hour or fraction thereof.\n (6) A pilot carried off on board a vessel by reason of bad weather or\nany other cause shall be paid two hundred dollars per day during the\ntime of his detention. He shall also be awarded first class return\ntransportation at the earliest possible time.\n (c) Definitions. "Overall length" is the distance between the forward\nand after extremities of the vessel.\n "Extreme breadth" is the maximum breadth to the outside of the shell\nplating of the vessel.\n "Depth" is the vertical distance at amidships from the top of the keel\nplate to the uppermost continuous deck, fore and aft, and which extends\nto the sides of the vessel. The continuity of a deck shall not be\nconsidered to be affected by the existence of openings, including but\nnot limited to tonnage openings, engine spaces, or a step in the deck.\n All measurements shall be in feet and inches (U.S.).\n The board of commissioners of pilots shall be the sole arbiter with\nrespect to a question concerning these definitions. The decision by the\nboard shall be final.\n (d) The measurements of overall length, extreme breadth, and depth as\npreviously defined, shall be made available to the pilot by the master\nor his agent for the computation of pilotage fees. Failure to provide\nthe measurements so required shall subject the vessel to the maximum\npilotage charge.\n 5. The board of commissioners of pilots is hereby authorized to\nexecute an agreement with the appropriate state pilotage authority of\nany state for establishment of a rotation system for the assignment of\npilots for the conduct of vessels in the ports and waters of the state,\nincluding the waters of Long Island Sound.\n