NY Nav L § 89-B (2021)
2021 New York Laws NAV - Navigation Article 6 - Pilots and Pilotage Fees, Port of New York 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 eighteen until January first, two thousand  nineteen  all  vessels shall pay eight dollars and ninety-five cents per pilotage unit; from January first, two thousand nineteen until January first, two thousand twenty, all vessels shall pay  nine  dollars and  four  cents  per  pilotage  unit;  from January first, two thousand twenty until January first, two thousand twenty-one  all  vessels  shall pay  nine  dollars  and twenty-two cents per pilotage unit; from January first,  two  thousand  twenty-one  until  January  first,  two  thousand twenty-two  all  vessels  shall  pay  nine  dollars  and forty cents per pilotage unit; on and after January first, two thousand  twenty-two  all vessels shall pay nine dollars and sixty-eight 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.