2006 New York Code - 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. 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.
    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 five dollars and thirty cents per pilotage unit.
    (2)  A  minimum  charge calculated on one hundred pilotage units shall
  apply to vessels of less  than  one  hundred  units  of  measurement.  A
  maximum  charge  calculated  on  four hundred fifty pilotage units shall
  apply to vessels of more than four hundred fifty 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 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.