NY Nav L § 88 (2021)
2021 New York Laws NAV - Navigation Article 6 - Pilots and Pilotage Fees, Port of New York 88 - Pilotage at Sandy Hook, Sands Point or Execution Rocks; Rates.

§ 88. Pilotage  at  Sandy Hook, Sands Point or Execution Rocks; rates. 1. Every  foreign  vessel  and  every  American  vessel  under  register entering or departing from the Port of New York by the way of Sandy Hook or by the way of Sands Point or Execution Rocks, shall take a Sandy Hook pilot licensed under the authority of this article or of the laws of the state  of  New  Jersey  or  a  person heretofore licensed as a Hell Gate pilot. 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.  Such  pilotage  shall  be  paid to the pilot first speaking or offering his services as pilot to such vessel. 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  Sandy  Hook pilot  under  this article, or under the laws of the state of New Jersey or a person heretofore licensed as a Hell Gate pilot, to pilot or  offer to  pilot any foreign vessel or vessel from a foreign port or any vessel sailing under register to or from the port of New York, by  the  way  of Sandy Hook or by the way of Sands Point or Execution Rocks, and it shall likewise be unlawful for any master or person on board a tug or tow-boat to tow such a vessel to or from the port of New York by the way of Sandy Hook  or by the way of Sands Point or Execution Rocks unless such vessel shall have on board a Sandy Hook pilot licensed under  this  article  or under the laws of the state of New Jersey.   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 entering or departing from the port of New York by the way of Sandy Hook or  by  the  way  of  Sands Point or Execution Rocks shall be subject to pilotage fees, at the rates hereinafter specified, at the  time  of  her entrance or departure. If such pilot at the request of the master, owner or  consignee  of  any  inbound  vessel  or  at the request of the agent entering such vessel at the port of  New  York  anchors  or  moors  such vessel  at  any  place  inside of Sandy Hook or inside of Sands Point or Execution Rocks, 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:  (i)  The following rate table shall be used to calculate pilotage fees by multiplying total pilotage units per vessel by the designated factor, then adding or subtracting the designated adjustment:       PILOTAGE UNITS          FACTOR              ADJUSTMENT       0 to 24.99               0                   +455       25 to 49.99              0                   +568       50 to 99.99              0                   +710        100 to 299.99           7.65                 -55       300 to 474.99           6.89                 +173       475 and over            0.91                 +3014    The  pilotage  fee charged shall be the fee calculated pursuant to the rate table in this section plus seven and one-half (7.5%) percent of the calculated fee.  (ii) On and after the date of receipt, by the board  of  commissioners of pilots of a joint request from the united New York Sandy Hook pilots' benevolent  association  and  the  united  New Jersey Sandy Hook pilots' benevolent association, pilotage fees shall be  calculated  pursuant  to this  subparagraph.  Such  request  shall  be  provided  to the board of commissioners of pilots within ten days of approval by the membership of the united New York Sandy Hook pilots' benevolent  association  and  the united   New   Jersey  Sandy  Hook  pilots'  benevolent  association  of amendments  to  the  articles  of  association  consistent   with   this subparagraph on or before December thirty-first, two thousand six.   1.  (A)  (i)  The following rate table shall be used to calculate base pilotage tariffs:       PILOTAGE UNITS (P.U.)    TARIFF      0 to 24.99               $733      25 to 49.99              $861      50 to 99.99              $1063      100 to 499.99            $(10.72 x P.U.)      500 and up               $((P.U. - 500) x 1.44) + 5360  (ii) Effective January first, two  thousand  eighteen,  the  following rate table shall be used to calculate base pilotage tariffs:      0 to 24.99               $740      25 to 49.99              $870      50 to 99.99              $1074      100 to 499.99            $(10.83 x P.U.)      500 to 1649.99           $((P.U. - 500) x 1.45) + 5414      1650 and up              $((P.U. - 1650) x 3.47) + 7155  (iii)  Effective  January  first, two thousand nineteen, the following rate table shall be used to calculate base pilotage tariffs:      0 to 24.99               $747      25 to 49.99              $879      50 to 99.99              $1085      100 to 499.99            $(10.94 x P.U.)      500 to 1649.99           $((P.U. - 500) x 1.46) + 5468      1650 and up              $((P.U. - 1650) x 3.50) + 7227  (iv) Effective January first, two thousand twenty, the following  rate table shall be used to calculate base pilotage tariffs:      0 to 24.99               $762      25 to 49.99              $897      50 to 99.99              $1107      100 to 499.99            $(11.16 x P.U.)      500 to 1649.99           $((P.U. - 500) x 1.49) + 5577      1650 and up              $((P.U. - 1650) x 3.57) + 7372  (v)  Effective  January  first, two thousand twenty-one, the following rate table shall be used to calculate base pilotage tariffs:      0 to 24.99               $777      25 to 49.99              $915      50 to 99.99              $1129      100 to 499.99            $(11.38 x P.U.)      500 to 1649.99           $((P.U. - 500) x 1.52) + 5689      1650 and up              $((P.U. - 1650) x 3.64) + 7519  (vi) Effective January first, two thousand twenty-two,  the  following rate table shall be used to calculate base pilotage tariffs:      0 to 24.99               $800      25 to 49.99              $942      50 to 99.99              $1163      100 to 499.99            $(11.72 x P.U.)      500 to 1649.99           $((P.U. - 500) x 1.57) + 5860      1650 and up              $((P.U. - 1650) x 3.74) + 7745  (B)  i. In addition to the base pilotage tariffs set forth in item (A) of this subclause, there is hereby  established  a  surcharge  on  every foreign  vessel  and  every  American  vessel under register entering or departing from the port of New York by the way of Sandy Hook or  by  the way  of  Sands  Point  or Execution Rocks. Such surcharge, as determined quarterly by the Sandy Hook pilot's surcharge board,  shall  be  imposed for  the  exclusive  purpose of the funding, on a sound actuarial basis, the retirement benefits for Sandy Hook pilots', described below,  and  a contribution per active Sandy Hook pilot equivalent to twelve percent of each  Sandy  Hook  pilot's  earnings  from service as a Sandy Hook pilot based upon the base pilotage tariffs set  forth  in  item  (A)  of  this subclause  to  fund  a future pension, in whole or in part, or any other replacement plan approved by the Sandy Hook pilots' surcharge board  and established  from time to time for the benefit of Sandy Hook pilots as a qualified plan under the Internal Revenue Code of 1986, as  amended,  as more  specifically described in subclause six of this clause. The amount of the surcharge set forth  herein  shall  not  exceed  the  greater  of thirty-five percent of the sum of the base pilotage tariffs set forth in item  (A)  of  this  subclause  and  the  surcharge  set  forth  in this subparagraph;  or  seven   million   nine   hundred   thousand   dollars ($7,900,000) in any calendar year.   ii.  The  Sandy  Hook  pilots'  surcharge  board shall consist of four members. Such board shall be composed of the president of the  board  of commissioners  of  pilots of the state of New York, or his designee from the board of commissioners, the president of the united New  York  Sandy Hook pilots benevolent association, or his designee who must be a member of  such  association,  the  president  of the board of commissioners of pilots of the state of New Jersey, or his designee  from  the  board  of commissioners,  and  the  president  of the United New Jersey Sandy Hook pilots benevolent association, or his designee who must be a  member  of such  association. The president of the board of commissioners of pilots of the state of New Jersey and the president of the  United  New  Jersey Sandy  Hook pilots benevolent association may decline to be part of said Board, whereupon the position shall be filled by a member of  the  board of  commissioners  of  pilots of New York so appointed by the president, and/or a member of the United New York  Sandy  Hook  pilots'  benevolent association  so appointed by the president of the association. The fifth member,  if  necessary,  shall  be  appointed  by  a  majority  of   the aforementioned  four  members  from  a  list  submitted  by the American arbitration association from its lists of  commercial  arbitrators.  If, after  submission  of  such  list, a majority of the abovementioned four members fail to agree upon a single arbitrator as  the  "fifth  member", then  the American arbitration association shall be authorized to select and submit the name of the "fifth member" for appointment.  Such  "fifth member"  shall  be appointed within ten days of a deadlocked vote of the Sandy Hook pilot surcharge board. Such aforementioned members shall vote at meetings called upon written notice mailed  seven  calendar  days  in advance  of the meeting, to determine the rate of surcharge, assisted as necessary by qualified actuaries or accountants,  authorized  hereby  in subitem  i  of this item during each calendar quarter in time sufficient  for such surcharge to be in effect on the following January first, April first, July first, and October first of each year and as  authorized  in paragraph  (e)  of  this  subdivision  during each calendar year in time sufficient  for  such  surcharge  to  be in effect on the following July first of each year.  When  the  Sandy  Hook  pilot  surcharge  board  is operating  as  authorized  in  paragraph  (e)  of  this  subdivision, an additional member, appointed by the governor to represent the  interests of  the  shipping  industry  shall  serve  on the board. Such additional member, upon appointment by the governor, shall serve in  such  capacity at  the pleasure of the governor and until a replacement is appointed by the governor. Written notice of meetings may be waived if done  so  with unanimous  consent of all board members. Members of the Sandy Hook pilot surcharge board shall be subject to  section  seventeen  of  the  public officers law.   iii.  The  amount of the surcharge described in subitem i of this item on the date pilotage rates are computed pursuant to subitem ii  of  this item shall be:            PILOTAGE UNITS                         TARIFF             0 to 24.99                          $150.60             25 to 49.99                         $179.00             50 to 99.99                         $220.50             100 to 299.99                    $((2.37x P.U.)-15             300 to 474.99                    $((2.14x P.U.)+53)             475 and up                       $((0.29x P.U.)+935)  (C) The scale of charges set forth in this clause is deemed a pilotage fee  and  shall  be  subject to the provisions of section ninety-five of this article.  (D) Every foreign vessel and  every  American  vessel  under  register entering or departing from the Port of New York by the way of Sandy Hook or  by  the  way  of Sands Point or Execution Rocks making more than ten port calls per month shall receive a discount of fifty  percent  of  the charges  set  forth in items (A) and (B) of this subclause for each port call in excess of ten. This  discount  is  to  be  calculated  for  each calendar month.   2. (A) All retirement assets shall be used exclusively to pay a yearly target  retirement  benefit to (aa) Sandy Hook pilots active on the date pilotage rates are computed pursuant to this clause and thereafter, upon retirement on or after the  age  of  sixty,  or  sick  retirement;  (bb) retired  pilots or pilots receiving sick retirement benefits on the date of adoption; and (cc) to surviving spouses of pilots,  as  provided  for below.  (B)  No  individual  other  than  those  specified in item (A) of this subclause shall be eligible  for  benefits  pursuant  to  the  surcharge described  in  subitem  i  of  item  (B) of subclause one of this clause without the approval of the Sandy Hook pilots' surcharge board.  (C) The funds generated by the surcharge imposed by subitem i of  item (B)  of  subclause  one  of this clause and item (A) of subclause one of this clause shall be administered by the joint board of trustees, or any successors thereto, of the united New York Sandy Hook pilots' benevolent association and the united New  Jersey  Sandy  Hook  pilots'  benevolent association, or any successors thereto.  (D)  The surcharges pursuant to subitem i of item (B) of subclause one of this clause and item (A) of subclause one of this  clause,  shall  be collected  by  the  agent  of the Sandy Hook pilots. Funds generated for these purposes shall be audited  annually  by  the  Surcharge  Board  to  ensure  proper  funding  for the purposes set forth in subitem i of item (B) of subclause one of this clause.   3.  (A)  Each  Sandy  Hook pilot active on the date pilotage rates are computed pursuant to this clause who retires  or  becomes  eligible  for sick retirement benefits shall receive, a target yearly benefit computed as  a single life annuity, initially equal to fifty percent (50%) of the amount which is equal to the highest earnings from  service  as  a  full branch  Sandy  Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last  three  full calendar  years  of  service  as  an  active  Pilot prior to retirement, reduced as provided in subclause six of  this  clause  and  adjusted  as provided in subclause seven of this clause.  (B)  Each retired Sandy Hook pilot and each Sandy Hook pilot receiving sick retirement benefits  on  or  after  the  date  pilotage  rates  are computed  pursuant  to this clause shall receive a target yearly benefit computed as a single life annuity, initially equal to fifty  percent  of the amount which is equal to the highest earnings from service of a full branch   Sandy   Hook   pilot  during  calendar  year  nineteen  hundred ninety-four as an active pilot, reduced by  the  amount  determined  for such year by the joint board of trustees to be set aside for each active Sandy  Hook  pilot's  retirement,  and adjusted as provided in subclause seven of this clause.  (C) Each Sandy Hook pilot who first entered service as  a  Sandy  Hook pilot  after  the  date  pilotage  rates  are  computed pursuant to this clause, shall  participate  in  such  qualified  retirement  program  as adopted  by  each such pilot and funded by such portion of the surcharge allocated thereto by the surcharge board to provide a contribution of an amount equivalent to twelve percent of the earnings from service  as  an active  Sandy  Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one  of  this  clause.  Such  amount  shall  be transferred directly by the agent to such pilot's retirement account, it being  understood  that  such  pilot's entire retirement benefit will be provided solely by the account balance of such retirement account on the date of retirement.  In  addition,  such  surcharge  shall  be  used  to purchase  life  and  disability  insurance  coverage  from  an insurance company selected  by  the  joint  board  of  trustees.  Such  disability insurance  shall  provide a disability benefit computed as a single life annuity, equal to fifty percent (50%) of the amount which  is  equal  to such  pilot's  earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last full calendar year of service as  an  active Sandy  Hook  pilot  prior  to disability, until the age of sixty. In the event such disability insurance is unavailable, each such pilot eligible for sick retirement benefits shall  receive,  a  target  yearly  benefit computed as a single life annuity equal to the sum of ten percent of the amount  which  is  equal to the earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during  the  last  full  calendar  year  of service  as  an  active Sandy Hook pilot prior to disability and one and sixth-tenth percent (1.6%) for each year of service after the first year to a maximum of fifty percent of  the  amount  which  is  equal  to  the earnings  from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of  this  clause during  the  last  full calendar year of service as an active Sandy Hook pilot prior to disability, until the age of sixty.   4. (A) A Sandy Hook pilot eligible for benefits set forth in item  (A) of  subclause three of this clause who retires, shall not be entitled to commence receiving  benefits  until  the  commencement  of  the  benefit  payment  period  next  following the date on which such pilot retired or became eligible for sick retirement benefits. For  accounting  purposes, the  benefit  payment  periods  shall consist of a full calendar quarter commencing  on January first, April first, July first, and October first of each year, but the first payments of benefits shall  be  made  during the months of March, June, September, and December.  (B)  No  retired  Sandy  Hook  pilot shall commence receiving benefits until a properly completed resignation as an active pilot  specifying  a proposed  date  of  retirement  has  been  submitted  in  writing to the appropriate board of trustees, or successor thereto, prior  to  November first,  if  retirement  is  to  become effective on the first day of the following January; prior to February first, if retirement is  to  become effective  on  the first day of the following April; prior to May first, if retirement is to become effective on the first day of  the  following July;  and,  prior to August first, if retirement is to become effective on the first day of the following October.  (C) For the purpose of the  computations  described  in  item  (A)  of subclause  three  of  this  clause  service  by a pilot of more than six months of such pilot's last calendar year as an active  pilot  shall  be considered a full calendar year.  (D) If a retired Sandy Hook pilot or a Sandy Hook pilot receiving sick retirement  benefits dies without a surviving spouse, the balance of the target yearly pension benefit for the remainder of the  benefit  payment period  shall  be  paid  to  the  deceased  pilot's estate or designated beneficiary after which all rights to benefits shall terminate.   5. (A) The surviving spouse of a Sandy Hook pilot  described  in  item (A)  of  subclause three of this clause who dies while in active service shall receive a target yearly pension benefit equal to fifty percent  of the  amount which such deceased pilot would have received under item (A) of subclause three of this clause had  retirement  immediately  preceded the  date  of death, reduced as provided in subclause six of this clause and adjusted as provided in subclause seven of this clause.  (B) With respect to Sandy Hook pilots described in items (A)  and  (B) of  subclause  three  of this clause, the surviving spouse of a deceased retired Sandy Hook pilot or a deceased Sandy Hook pilot  receiving  sick retirement  benefits on the date of death, shall receive a target yearly benefit equal to the deceased pilot's benefit for the remainder  of  the benefit  payment  period  in  which death occurred, and thereafter fifty percent (50%) of the amount received by the deceased pilot on  the  date of death, adjusted as provided in subclause seven of this clause.  (C)  Upon  the  death of the surviving spouse of a deceased Sandy Hook pilot who was receiving benefits,  the  balance  of  the  target  yearly pension benefit for the remainder of the benefit payment period shall be paid to the deceased surviving spouse's estate or designated beneficiary after which all rights to benefits shall terminate.   6.  The  united New York Sandy Hook pilots' benevolent association and the united New Jersey Sandy Hook pilots' benevolent association, or  any successors  thereto,  or  the pilots individually shall adopt such other money purchase qualified plans under the Internal Revenue Code of  1986, as  amended,  as approved by the Sandy Hook pilots' surcharge board, the present value of the aggregate contributions  thereto  provided  through funding  under  subitem  i  of item (B) of subclause one of this clause, adjusted annually on January first of each year to reflect  the  average thirty  year  treasury  bond rate for the prior calendar year plus fifty basis points and then restated as a single life  annuity,  shall  offset (but  not below zero) upon retiring from service as an active Sandy Hook pilot on or after the  age  of  sixty,  or  upon  attaining  the  normal retirement  age  of  sixty  years  for  those  pilots  receiving  a sick  retirement benefit, the target yearly pension benefits payable under the plan from time to time to each beneficiary.   7.  The  joint  board  of  trustees or any committee appointed thereby shall adjust the benefits described in items (A) and  (B)  of  subclause three  of  this  clause  by  not  more  than  one-half of the cumulative adjustment in the "Consumer Price Index - All Urban Consumers -  (CPI-U) N.Y. - Northern N.J. - Long Island, NY-NJ-CT - All Items" on the earlier of  each  third  anniversary  of  the  date  pilotage rates are computed pursuant to this subparagraph or the date on which such  consumer  price index  increases  by an increment of more than twelve percent (12%) from the level in effect  on  the  date  (aa)  pilotage  rates  are  computed pursuant to this subclause, or (bb) of any subsequent adjustment to such rates.  These adjustments shall take place for a period of fifteen years from  the  date  pilotage  rates are computed pursuant to this subclause with respect to pilots described in item (B) of subclause three of  this clause  and  for  a  period of fifteen years from the date of retirement with respect to pilots described in item (A) of subclause three of  this clause. Adjustments granted to retired pilots or their surviving spouses retired less than the full three year interval between adjustments shall have  such  adjustments pro-rated to the number of months they have been retired prior to such adjustment. The determination by the  joint  board of  trustees  or  any  committee appointed thereby of the amount of such adjustment shall be final.   8. In the event that in any calendar year the surcharge  described  in subitem  i of item (B) of subclause one of this clause is subject to the limitation set forth in such subitem i the benefits payable under  items (A),  (B)  and (C) of subclause three of this clause, items (A), (B) and (C) of subclause five of this clause and subclause six  of  this  clause and  the  portion  of  the surcharge allocable thereto, shall be reduced pro-rata. However, in the event of such pro-rata  reduction,  the  joint board of trustees shall arrange to fund out of the base pilotage tariffs set forth in item (A) of subclause one of this clause the twelve percent contribution  level  contemplated  in subitem i of item (B) of subclause one of this clause. The joint board  of  trustees  shall  determine  the amount  of  such  reductions  and the amount of such funding out of base pilotage tariffs, which determinations shall be final.   9. The joint board of trustees may, from  time  to  time,  adopt  such regulations  as  are  deemed  appropriate to implement the provisions of this clause.  (2) "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 by the following formula:                  Overall Length x Extreme Breadth x Depth                       to Uppermost Continuous Deck                 ________________________________________                                  10,000                           equals Pilotage Units  (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 purpose of computation of pilotage fees. Failure to provide the measurements so required shall subject  the  vessel  to  the maximum pilotage charge.  (e)  There  is  hereby  created  a  segregated fund to be known as the capital expense fund. Such segregated fund shall be initially funded  by the  increase  in  the  base pilotage tariff as set forth in item (A) of subclause one of clause (ii) of subparagraph one  of  paragraph  (b)  of this  subdivision  by  not more than seventy-five dollars per ship. Such surcharge, upon annual review and approval  of  the  Sandy  Hook  pilots surcharge  board, shall be imposed and used for the purposes of funding, after  the  payment  of  reasonable  and  necessary  expenses,   capital expenditures  including:  the payment of outstanding debt related to the reengining of the pilot boat Sandy Hook; the payment of outstanding debt related to the rebuilding of the bulkhead and pier  at  the  Sandy  Hook Pilot  base  at Staten Island, New York; the payment of outstanding debt related to and the extraordinary repairs to the pilot boat New York;  to secure  four  new  pilot launches; and to fund all extraordinary capital expenses (those  beyond  normal  operating  expenses)  approved  by  the surcharge  board  along  with  portable  DGPS  pilot  units,  if  deemed appropriate by the surcharge board.   Such surcharge may fund similar future expenditures upon annual review and approval of the Sandy Hook  pilot  surcharge  board.  The  surcharge board may set the rate not to exceed three hundred dollars per ship. The surcharge board is hereby authorized to reduce or suspend payment of the surcharge  set forth herein to take into account any monies dedicated or awarded to the pilot capital needs from sources other  than  the  tariff and surcharges set forth in this article.