2023 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 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.