State Codes and Statutes

Statutes > New-york > Nav > Article-6 > 89-b

§ 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  ofany  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 seven dollars per pilotage unit; upon one year  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and forty-two cents per pilotage unit; and, upon two years  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and eighty-seven cents per pilotage unit.    (2) A minimum charge calculated on one hundred  fifty  pilotage  units  shall  apply  to  vessels  of  less  than  one  hundred  fifty  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.

State Codes and Statutes

Statutes > New-york > Nav > Article-6 > 89-b

§ 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  ofany  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 seven dollars per pilotage unit; upon one year  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and forty-two cents per pilotage unit; and, upon two years  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and eighty-seven cents per pilotage unit.    (2) A minimum charge calculated on one hundred  fifty  pilotage  units  shall  apply  to  vessels  of  less  than  one  hundred  fifty  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Nav > Article-6 > 89-b

§ 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  ofany  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 seven dollars per pilotage unit; upon one year  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and forty-two cents per pilotage unit; and, upon two years  after the effective date of a chapter of the laws of two thousand  seven  that  amended  this  subparagraph  and thereafter, all vessels shall pay  seven dollars and eighty-seven cents per pilotage unit.    (2) A minimum charge calculated on one hundred  fifty  pilotage  units  shall  apply  to  vessels  of  less  than  one  hundred  fifty  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.