NY Nav L § 89-A (2021)
2021 New York Laws NAV - Navigation Article 6 - Pilots and Pilotage Fees, Port of New York 89-A - Pilotage on the Hudson River; Rates.

§ 89-a. Pilotage  on the Hudson river; rates.  1. Every foreign vessel and every American vessel  under  register,  except  vessels  proceeding otherwise  than  by  sea and of less than three hundred gross registered tons and having a fully loaded draft of seven feet or less, entering  or departing from the Hudson river north of a line running from the foot of Main  street,  Yonkers, west to Alpine, New Jersey, or navigating any of the waters of the Hudson river north of said line and south of  the  dam at  Troy,  New  York, shall take a Hudson river pilot licensed under the authority of this article.    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 Hudson river pilot under this article to pilot or offer to pilot any  foreign  vessel or  vessel  from  a  foreign  port  or any vessel under register on that portion of the Hudson river specified in the preceding subdivision.   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 navigating the waters of that portion of the Hudson river  specified  in this  section  shall  be  subject  to  base  pilotage  rates hereinafter specified in this subdivision:  (b) From or into the port of New York: Yonkers Line The following scale of charges shall be applicable:  (1) (i) All vessels of 100 pilotage units and over  shall  pay  $12.17 per  pilotage  unit  for  Section  1, Lower River; Yonkers, to all ports through Hyde Park. The following charges shall be applicable to Section 1, Lower River:  Up to 50 pilotage units ........................................ $852.97 More than 50 and up to 100 pilotage units ..................... $1217.00 All vessels of 100 pilotage units and over shall pay ............ $17.19 per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports beyond Hyde Park through Albany or Troy.  The following charges shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1406.05 More than 50 and up to 100 pilotage units ..................... $1719.00 A maximum charge of up to 500 pilotage units shall be applicable.  (ii)  Twelve  months  after  the  effective  date  of  this clause the following base pilotage rates shall be applicable:    All vessels of 100 pilotage  units  and  over  shall  pay  $12.41  per pilotage  unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The  following  base  pilotage  rates  shall be applicable to Section 1, Lower River:  Up to 50 pilotage units ........................................ $870.03 More than 50 and up to 100 pilotage units ..................... $1241.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall  pay  a  base  pilotage rate of .......................................................... 17.53 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The  following  base  pilotage  rates  shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1434.17 More than 50 and up to 100 pilotage units ..................... $1753.00 A maximum charge of up to 500 pilotage units shall be applicable.  (iii) Twenty-four months after the effective date of this  clause  the following base pilotage rates shall be applicable:   All  vessels  of  100  pilotage  units  and  over shall pay $12.66 per pilotage unit for Section 1, Lower River; Yonkers, to all ports  through Hyde Park. The  following  base  pilotage  rates  shall be applicable to Section 1, Lower River:  Up to 50 pilotage units ........................................ $887.43 More than 50 and up to 100 pilotage units ..................... $1266.00 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall  pay  a  base  pilotage rate of ......................................................... $17.88 per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall  be  applicable  to  Section  2, Upper River: Up to 50 pilotage units ....................................... $1462.85 More than 50 and up to 100 pilotage units ..................... $1788.00 A maximum charge of up to 500 pilotage units shall be applicable.  (iv)  Thirty-six  months  after  the effective date of this clause the following base pilotage rates shall be applicable:   All vessels of 100 pilotage  units  and  over  shall  pay  $12.85  per pilotage  unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall  be  applicable  to  Section  1, Lower River: Up to 50 pilotage units ........................................ $900.74 More than 50 and up to 100 pilotage units ..................... $1285.00 A maximum charge of up to 500 pilotage units shall be applicable. All  vessels  of  100  pilotage units and over shall pay a base pilotage rate of ......................................................... $18.15 per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports beyond Hyde Park through Albany or Troy. The  following  base  pilotage  rates  shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1484.48 More than 50 and up to 100 pilotage units ..................... $1815.00  A maximum charge of up to 500 pilotage units shall be applicable.  (v)  Forty-eight  months  after  the effective date of this clause the following base pilotage rates shall be applicable:   All vessels of 100 pilotage  units  and  over  shall  pay  $13.07  per pilotage  unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall  be  applicable  to  Section  1, Lower River: Up to 50 pilotage units ........................................ $914.25 More than 50 and up to 100 pilotage units ..................... $1307.00 A maximum charge of up to 500 pilotage units shall be applicable. All  vessels  of  100  pilotage units and over shall pay a base pilotage rate of ......................................................... $18.42 per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports beyond Hyde Park through Albany or Troy. The  following  base  pilotage  rates  shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1507.07 More than 50 and up to 100 pilotage units ..................... $1842.00 A maximum charge of up to 500 pilotage units shall be applicable.  (vi) Beginning on the thirtieth day following the  effective  date  of the  act that added this clause, the following base pilotage rates shall be applicable:   All vessels of 100 pilotage  units  and  over  shall  pay  $13.34  per pilotage  unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following base pilotage rates shall  be  applicable  to  Section  1, Lower River: Up to 50 pilotage units ........................................ $932.54 More than 50 and up to 100 pilotage units ..................... $1333.14 A maximum charge of up to 500 pilotage units shall be applicable. All  vessels  of  100  pilotage units and over shall pay a base pilotage rate of ......................................................... $18.79 per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports beyond Hyde Park through Albany or Troy. The  following  base  pilotage  rates  shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1537.22 More than 50 and up to 100 pilotage units ..................... $1878.84 A maximum charge of up to 500 pilotage units shall be applicable.  (vii) Effective January first, two thousand twenty-two, the  following base pilotage rates shall be applicable:   All  vessels  of  100  pilotage  units  and  over shall pay $13.61 per pilotage unit for Section 1, Lower River; Yonkers, to all ports  through Hyde Park. The  following  base  pilotage  rates  shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $951.20 More than 50 and up to 100 pilotage units ..................... $1359.81 A maximum charge of up to 500 pilotage units shall be applicable. All vessels of 100 pilotage units and over shall  pay  a  base  pilotage rate of ......................................................... $19.17 per  pilotage  unit  for  Section  2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following base pilotage rates shall  be  applicable  to  Section  2, Upper River: Up to 50 pilotage units ....................................... $1567.97 More than 50 and up to 100 pilotage units.....................  $1916.42  A maximum charge of up to 500 pilotage units shall be applicable.  (1-a) All vessels shall pay an additional launch fee and communication fee. The launch fee shall be set by the board of commissioners of pilots to  recoup  the  cost  of  operating a pilot launch and pilot station at Yonkers.  The  communication  fee  shall  be  set  by   the   board   of commissioners  of  pilots  to  recoup  the  cost  of portable electronic communication and navigation equipment carried aboard the vessel by  the pilot.   All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde Park  through  Albany  or  Troy  shall  pay  a mid-river launch fee. The mid-river launch fee shall be set  by  the  board  of  commissioners  of pilots  to recoup the cost of operating a pilot launch and pilot station at Norrie Point.   The launch fee, communication fee, and mid-river launch fee  shall  be reviewed  annually  by  the board of commissioners of pilots on or about the anniversary date upon which this section shall have become a law.   In  the  event  a  vessel  transiting  the  Hudson  River  requires  a continuous pilotage of more than ten hours, two pilots shall be assigned at  the  beginning  of  such  transit,  and the fee shall be the regular pilotage fee plus fifty percent for the second pilot. The  fee  for  the second  pilot  shall not apply when the first pilot is discharged at the mid-river pilot station and relieved at such station by a second  pilot. A  second  pilot  shall  not  be  required when the vessel anchors for a minimum of eight  hours  such  that  the  transit  does  not  require  a continuous pilotage of more than ten hours by one pilot.  (1-b)  There  is  hereby created a Hudson River pilots surcharge board which shall determine the rate of the surcharge provided in subparagraph one-c of this paragraph. The surcharge board shall determine eligibility for benefits pursuant to subdivisions five and eight of this section.   The Hudson River pilots surcharge board shall consist of  two  members as follows: the president of the board of commissioners of pilots of the state   of  New  York,  or  his  or  her  designee  from  the  board  of commissioners, and the president of the Hudson River pilots association, or his or her designee who must be a member of such association. In  the event  the  two members cannot reach a decision on the surcharge rate, a third member shall be appointed by the two members from a list submitted by the Society of Maritime Arbitrators  from  its  lists  of  commercial arbitrators. If, after submission of such a list, the two members of the board  fail  to agree upon a single arbitrator as the third member, then the Society of Maritime Arbitrators shall be authorized  to  select  and submit  the  name of the third member for appointment. Such third member shall be appointed within ten days of a deadlocked vote  of  the  Hudson River pilots surcharge board. Such 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  in  clause  (i)  of subparagraph one-c of this paragraph 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. Written  notice  of  meetings  may  be  waived if done so with unanimous consent of all  board  members.  Members  of  the  Hudson  River  pilots surcharge  board  shall  be  subject  to section seventeen of the public officers law.  (1-c) (i) In addition  to  the  base  pilotage  charge  set  forth  in subparagraph  one  of  this  paragraph,  there  is  hereby established a surcharge on every  foreign  vessel  and  every  American  vessel  under register  navigating  that portion of the Hudson River specified in this section. Such surcharge, as determined quarterly  by  the  Hudson  River  pilots  surcharge  board,  shall be imposed for the exclusive purpose of the funding, on a sound actuarial basis,  the  retirement  benefits  for Hudson River pilots, described in clause (ii) of this subparagraph.  (ii)  The  amount  of  the  surcharge  described in clause (i) of this subparagraph shall be computed as follows:  PILOTAGE UNITS       SURCHARGE 0 to 50              $113.00 51 to 100            $138.00 over 100             $1.38 per pilot unit  during the  first  twelve  months  after  the  effective  date  of  this subparagraph.   The   amount  of  the  surcharge  described  in  clause  (i)  of  this subparagraph shall be computed as follows:  PILOTAGE UNITS       SURCHARGE 0 to 50              $170.00 51 to 100            $207.00 over 100             $2.07 per pilot unit  during the period beginning with the thirteenth month  and  ending  with the twenty-fourth month after the effective date of this subparagraph.   The   amount  of  the  surcharge  described  in  clause  (i)  of  this subparagraph shall be computed as follows:  PILOTAGE UNITS       SURCHARGE 0 to 50              $213.00 51 to 100            $260.00 over 100             $2.60 per pilot unit  during the period beginning with the twenty-fifth month and ending  with the thirty-sixth month after the effective date of this subparagraph.   The   amount  of  the  surcharge  described  in  clause  (i)  of  this subparagraph shall be computed as follows:   Pilotage units    surcharge 0-50                $250.00 51-100              $305.00 Over 100            $  3.05 per pilot unit during the period beginning with the  thirty-seventh  month  and  ending with   the   forty-eighth   month  after  the  effective  date  of  this subparagraph.   The  amount  of  the  surcharge  described  in  clause  (i)  of   this subparagraph shall be computed as follows:   Pilotage units    surcharge 0-50                $280.00 51-100              $341.00 Over 100            $  3.41 per pilot unit during  the  period beginning with the forty-ninth month and ending with the sixtieth month after the effective date of this subparagraph.  (iii) Following the sixtieth month after the effective  date  of  this subparagraph, the amount of the surcharge as determined by the surcharge board  shall not exceed the greater of thirty-five percent of the sum of the base pilotage charges collected pursuant to the rate  set  forth  in this  subparagraph  for  Section  2,  Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy, as  amended,  or  five  hundred thousand dollars, in any calendar year.  (iv)  The  scale of charges set forth in this subparagraph is deemed a pilotage  fee  and  shall  be  subject  to  the  provisions  of  section ninety-five of this article.  (v)  (A)  The  proceeds  of the surcharge provided for in this section shall be deposited in an account maintained by the Hudson  River  pilots association for the benefit of Hudson River pilots eligible for benefits as provided in this clause, from which account all such benefits and the reasonable expenses for administration thereof shall be paid. The monies on  deposit  in  such  account  shall  be  referred  to hereafter as the "retirement assets". All retirement assets shall be used exclusively  to pay a yearly target retirement benefit to (I) Hudson River pilots active on  the  date  pilotage rates are computed pursuant to this subparagraph and thereafter, upon retirement on or  after  the  age  of  sixty;  (II) retired Hudson River pilots or Hudson River pilots receiving benefits on the  effective  date  of  this  section; and (III) to eligible surviving spouses of retired pilots.  (B) Hudson River pilots who are also Sandy  Hook  pilots  eligible  to receive a full branch retirement benefit under item (B) of subclause one of  clause (ii) of subparagraph one of paragraph (b) of subdivision four of section eighty-eight of this article shall be excluded from receiving any benefits specified in subdivision five of this section.  (C) No individual other than those specified in subclause (A) of  this clause  shall  be  eligible  for  benefits  pursuant  to  the  surcharge described in clause (i) of this subparagraph without the approval of the Hudson River pilots surcharge board.  (D) The funds generated by the surcharge imposed by clause (i) of this subparagraph shall be administered by the  executive  committee  of  the Hudson  River  pilots  association, or any successors thereto. Any funds generated by the surcharge imposed by clause (i)  of  this  subparagraph which  exceed  the  funds  deemed sufficient to provide the benefits set forth in items (I) and (III) of subclause (A) of this  clause  shall  be used to defray the retirement benefits set forth in this subclause.  (E)  The  surcharges pursuant to clause (i) of this subparagraph shall be collected by the agent of the Hudson River  pilots.  Funds  generated for  these  purposes shall be audited annually by the surcharge board to ensure proper funding for the purposes set forth in clause (i)  of  this subparagraph.  (2) "Pilotage units" shall be determined as expressed by the following formula:   Overall  length x extreme breadth x depth to uppermost continuous deck divided by 10,000 equals pilotage units.  (3) In the middle river and upper river as specified herein no foreign and no American vessel under  register  shall  be  docked,  undocked  or shifted  unless  such  docking,  undocking or shifting is performed by a Hudson river pilot duly licensed under this article.  (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 space 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  measurement 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 vessel to the maximum pilotage charge.   5. Each Hudson River pilot who entered service after two thousand five as a Hudson River pilot 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  Hudson  River  pilot  based  upon  the  base pilotage  tariffs  set  forth  in subparagraph one-c of paragraph (b) of subdivision four of this  section.  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 board. Such disability insurance shall provide a disability  benefit computed  as a single life annuity, equal to fifty percent of the amount which is equal to such pilot's earnings from service as an active Hudson River  pilot  based  upon  the  base  pilotage  tariffs  set  forth   in subparagraph  one-c of paragraph (b) of subdivision four of this section during the last full calendar year of service as an active Hudson  River 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 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 Hudson River pilot based upon the pilotage tariffs set forth in subparagraph one-c  of  paragraph (b)  of  subdivision  four of this section during the last full calendar year of service as an active Hudson River pilot prior to disability  and one and six-tenths percent 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 Hudson River  pilot  based  upon  the base  pilotage  tariffs set forth in subparagraph one-c of paragraph (b) of subdivision four of this section during the last full  calendar  year of  service  as  an active Hudson River pilot prior to disability, until the age of sixty.   6. Hudson River  pilots  who  retired  before  nineteen  eighty  shall receive  an  annual  retirement  benefit  in  the  amount of thirty-four thousand nine  hundred  ninety-five  dollars;  those  who  retired  from nineteen  eighty-one  through  nineteen  ninety  shall receive an annual retirement benefit in the amount of thirty-nine  thousand  nine  hundred ninety-five  dollars; those who retired from nineteen hundred ninety-one through two thousand shall receive an annual retirement benefit  in  the amount  of  forty-four  thousand nine hundred ninety-four dollars; those who retired in two thousand  one  shall  receive  an  annual  retirement benefit  in  the  amount of fifty-eight thousand four hundred ninety-two dollars; those who retired in two thousand eight shall receive an annual retirement benefit in the amount of  fifty-nine  thousand  nine  hundred ninety-two  dollars; those who retired in two thousand ten shall receive an annual retirement benefit in the amount of forty-nine  thousand  nine hundred  ninety-three  dollars; an active Hudson River pilot who retires before two thousand sixteen shall receive an annual  retirement  benefit in the amount of eighty-four thousand six hundred dollars.   7.  (a)  A  Hudson  River  pilot  eligible  for  benefits set forth in subdivision five of this section, 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  disability  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 active Hudson River 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  Hudson River  pilots  executive  committee,  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 subdivision  five of  this  section,  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 Hudson River pilot dies without a  surviving  spouse, the  balance  of  the  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 be terminated.   8. (a) The eligible surviving spouse of a Hudson River pilot described in subdivision five of this section who dies  while  in  active  service shall  receive  a  yearly  pension benefit equal to fifty percent of the amount which such deceased pilot would have received  under  subdivision five  of  this  section  had retirement immediately preceded the date of death.  (b) With respect to Hudson River pilots described in subdivision  five of  this  section,  the  eligible surviving spouse of a deceased retired Hudson River pilot receiving retirement benefits on the date  of  death, shall receive a 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 of the amount received by the deceased pilot on the date of death.  (c)  Upon  the  death  of  the eligible surviving spouse of a deceased Hudson River pilot who was receiving benefits, the balance of the 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.   9. A "Hudson River pilot" for the purposes of this section is  defined as  an individual holding a license to act as Hudson River pilot for the waters of the Hudson River north of a line running from the foot of Main Street in Yonkers to Alpine, New Jersey and south of the  dam  at  Troy, issued by the board of commissioners of pilots of the state of New York. A  "retired  Hudson  River  pilot" for the purposes of this section is a pilot who retired  from  active  service  in  the  Hudson  River  pilots association.  An  "eligible  surviving  spouse" for the purposes of this section is defined as a spouse of a deceased pilot married at least  one year prior to the date of death of the deceased pilot.