2019 New York Laws
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Article 6 - Pilots and Pilotage Fees, Port of New York
87 - Board of Commissioners of Pilots; Powers and Duties.

§ 87. Board  of  commissioners  of pilots; powers and duties. 1. There
shall continue to be in the city of  New  York,  a  board  entitled  the
"board of commissioners of pilots," consisting of six persons, who shall
hold  their  offices  respectively, for two years from the time of their
election, and until their successors are elected and have qualified. The
governor, temporary president of the  senate  and  the  speaker  of  the
assembly  shall  each  appoint  one  commissioner.  Two  other  of  such
commissioners shall be elected by the presidents and vice-presidents  of
the  marine  insurance  companies  of the city of New York, composing or
represented in the board of underwriters of such city,  at  a  regularly
convened meeting of such board. Notice of such meeting shall be given by
the  secretary  of the board of underwriters or some member of the board
duly  authorized  by  it  and  it  shall  state  that  the  election  of
commissioners  will take place. Such notice shall be given in writing at
least one day before the election and shall be delivered at  the  office
of  such  company.  Each  insurance  company represented at such meeting
shall be entitled to one vote, and the certificate of the  secretary  of
such  board,  or of any officer acting in his stead, shall be sufficient
prima facie evidence of an election. The  sixth  commissioner  shall  be
appointed  by  the  governor  from among the members or the staff of the
Albany port district commission for a term of two years  and  until  his
successor  is appointed and has qualified. No person shall be elected or
appointed  to  the  board  of  commissioners  of  pilots  who  holds  or
heretofore  held  a  pilot's  license issued pursuant to this article or
pursuant to any law, rule or regulation of this state or  any  political
subdivision,  board,  commission  or  authority  of this state or of any
other state or pursuant to any federal law, rule or regulation.  Of  the
six  members  of  the  board  of  commissioners of pilots, at least four
commissioners shall have been a licensed  deck  officer  in  the  United
States  Merchant  Marine  or  an unrestricted line officer in the United
States Naval Service or a commissioned  officer  in  the  United  States
Coast  Guard, and commanded a navigation watch on an ocean going vessel.
The remaining two commissioners shall each have a minimum of five  years
of  experience  within the maritime industry. Upon the expiration of the
term of office of any commissioner or commissioners,  or  within  thirty
days   prior   thereto,   and  upon  any  vacancy  occurring  by  death,
resignation, removal from the state, or other cause, another election or
appointment to fill such office for the term of two years shall be  held
by  the same class of persons or authority which had previously held the
election or appointment for the office so expiring or becoming vacant.
  2. Each commissioner, before entering upon the duties of  his  office,
shall   take  the  constitutional  oath  of  office  before  an  officer
authorized to administer oaths,  which  oath  or  affirmation  shall  be
filed,  without  delay,  in the office of the clerk of the county of New
York.
  3. The board of commissioners shall appoint and at pleasure  remove  a
secretary  and shall prescribe his duties and fix his compensation. Such
secretary shall take a like  oath,  to  be  filed  in  like  manner,  as
provided in subdivision two. The board shall establish an office in some
convenient  place in the city of New York, where the commissioners shall
meet on the  first  Tuesday  of  every  month,  or  more  frequently  by
adjournment,  or  upon  a  notice  given  by  any one of them, or by the
secretary, as the circumstances may require.
  4. The commissioners shall require  the  secretary  in  person  or  by
deputy  to  be  in  daily  attendance  at their office during reasonable
office hours on  all  ordinary  business  days.  They  shall  cause  the
secretary  to  keep  a  proper book or books, in which all the rules and
regulations, official transactions and proceedings,  and  whatever  else

may  be  deemed  by them proper and useful and immediately pertaining to
their duties or to the pilot service, shall be entered. They shall  also
cause the secretary to keep a register of the names and addresses of all
the  pilots  licensed  by  them,  with the dates of their licenses. Such
books may be inspected by any person interested.
  5. The decision of a majority of the commissioners shall be conclusive
upon all questions arising  under  this  article,  except  as  otherwise
provided.  In  case  of  an omission to fill any vacancy in the board of
commissioners for one month, the remaining commissioners shall have  and
exercise  all of the powers and duties of the board until the vacancy is
filled.
  * 6. (a) The  board  of  commissioners  of  pilots  shall  advise  the
governor and the legislature on matters pertaining to pilotage fees. The
board  is authorized to review all aspects relevant to the determination
of pilotage fees for vessels entering or departing from the Port of  New
York  by way of Sandy Hook and by way of Sands Point or Execution Rocks;
for vessels transitting the Hudson river between Yonkers and the dam  at
Troy;  and  for  vessels  transitting Long Island Sound and Block Island
Sound east of a line from City Island  avenue  on  City  Island  through
Stepping Stones Light and entering or departing from any port on the New
York  state waters of Long Island Sound east of Sands Point or Execution
Rocks for the purpose of  making  recommendations  consistent  with  the
objectives  of  assuring  public safety, protection of property, and the
protection of the environment. The board shall give due consideration to
the following:
  (1) The costs and other expenses incurred by pilots in  providing  the
required services;
  (2)  The amount sufficient to provide a net return to the pilots which
will attract and hold competent persons;
  (3) Pilotage rates for comparable services  on  other  waters  of  the
United States;
  (4) The methods of establishing pilotage rates for other waters of the
United States;
  (5)  Economic  factors  affecting  the  shipping  industry  and  pilot
services in the areas under the jurisdiction of the board;
  (6) Additions or modification of equipment in pilot  vessels  required
to adequately protect persons, property, and the environment;
  (7)  Auditors'  reports pertaining to the income and expenses of pilot
associations;
  (8) The number of pilots  needed  to  provide  and  maintain  adequate
services for the areas under the jurisdiction of the board;
  (9)  Review of the apprentice and training programs for the purpose of
determining the numbers of persons needed to fill vacancies in the pilot
services as they arise;
  (10) Any other information deemed pertinent by the board.
  (b) The board of commissioners of pilots shall submit to the  governor
and the legislature a report containing its findings and recommendations
on pilotage fees on or before March first of each year.
  * NB Expired June 30, 1995