2023 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               $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
(ii) Effective January first, two thousand twenty-three, the following
rate table shall be used to calculate base pilotage tariffs:
0 to 24.99               $824
25 to 49.99              $970
50 to 99.99              $1198
100 to 499.99            $(12.07 x P.U.)
500 to 1649.99           $((P.U. - 500) x 1.62) + 6036
1650 and up              $((P.U. - 1650) x 3.85) + 7986
(iii) Effective January first, two thousand twenty-four, the following
rate table shall be used to calculate base pilotage tariffs:
0 to 24.99               $849
25 to 49.99              $999
50 to 99.99              $1234
100 to 499.99            $(12.43 x P.U.)
500 to 1649.99           $((P.U. - 500) x 1.67) + 6217
1650 and up              $((P.U. - 1650) x 3.97) + 8225
(iv) Effective January first, two thousand twenty-five, the  following
rate table shall be used to calculate base pilotage tariffs:
0 to 24.99               $874
25 to 49.99              $1029
50 to 99.99              $1271
100 to 499.99            $(12.81 x P.U.)
500 to 1649.99           $((P.U. - 500) x 1.72) + 6403
1650 and up              $((P.U. - 1650) x 4.09) + 8472
(v)  Effective  January  first, two thousand twenty-six, the following
rate table shall be used to calculate base pilotage tariffs:
0 to 24.99               $900
25 to 49.99              $1060
50 to 99.99              $1309
100 to 499.99            $(13.19 x P.U.)
500 to 1649.99           $((P.U. - 500) x 1.77) + 6595
1650 and up              $((P.U. - 1650) x 4.21) + 8726
(vi) Effective January first, two thousand twenty-seven, the following
rate table shall be used to calculate base pilotage tariffs:
0 to 24.99               $927
25 to 49.99              $1092
50 to 99.99              $1348
100 to 499.99            $(13.59 x P.U.)
500 to 1649.99           $((P.U. - 500) x 1.82) + 6793
1650 and up              $((P.U. - 1650) x 4.34) + 8988
(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.