S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8949
 
                           I N  A S S E M B L Y
 
                              January 6, 2020
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the navigation law, in relation to exempting certain
   vessels from the compulsory state pilotage requirement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  88 of the navigation law, as
 amended by a chapter of the laws of 2019, amending  the  navigation  law
 relating to exempting certain vessels from the compulsory state pilotage
 requirement,  as  proposed in legislative bills numbers S. 4200-A and A.
 6703-A, is amended to read as follows:
   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[(25)] (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 speak-
 ing  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[(25)] (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  commis-
 sioners of pilots.
   §  2.  Subdivision 1 of section 89-a of the navigation law, as amended
 by a chapter of the laws of 2019, amending the navigation  law  relating
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09703-04-0

 A. 8949                             2
 
 to exempting certain vessels from the compulsory state pilotage require-
 ment, as proposed in legislative bills numbers S. 4200-A and A.  6703-A,
 is amended to read as follows:
   1.  Every  foreign  vessel  and  every American vessel under register,
 except vessels proceeding otherwise than by sea and of less  than  three
 hundred  gross  registered tons and having a fully loaded draft of seven
 feet or less, entering or departing from the Hudson  river  north  of  a
 line  running from the foot of Main street, Yonkers, west to Alpine, New
 Jersey, or navigating any of the waters of the  Hudson  river  north  of
 said  line  and  south of the dam at Troy, New York, shall take a Hudson
 river pilot licensed under the authority of this article.  Notwithstand-
 ing the provisions of this subdivision, recreational vessels as  defined
 in section 2101[(25)] (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 commission-
 ers 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[(25)] (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.
   § 3. Subdivision 1 of section 89-b of the navigation law,  as  amended
 by  a  chapter of the laws of 2019, amending the navigation law relating
 to exempting certain vessels from the compulsory state pilotage require-
 ment, as proposed in legislative bills numbers S. 4200-A and A.  6703-A,
 is amended to read as follows:
   1. Every foreign vessel and every American vessel under register tran-
 siting 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  concur-
 rent  jurisdiction over these waters.  Notwithstanding the provisions of
 this subdivision, recreational vessels as defined in section  2101[(25)]
 (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[(25)] (34) of title 46 of the United States Code may be

 A. 8949                             3
 
 exempted from the compulsory state pilotage requirement pursuant to this
 subdivision at the discretion of the board of commissioners of pilots.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2019,  amending  the  navigation  law
 relating to exempting certain vessels from the compulsory state pilotage
 requirement,  as  proposed in legislative bills numbers S. 4200-A and A.
 6703-A, takes effect.