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SECTION 89-B
Pilotage on Long Island Sound and Block Island Sound; rates
Navigation (NAV) CHAPTER 37, ARTICLE 6
§ 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. 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. 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 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 eight dollars and eighty-six cents per pilotage
unit; from January first, two thousand eighteen until January first, two
thousand nineteen all vessels shall pay eight dollars and ninety-five
cents per pilotage unit; from January first, two thousand nineteen until
January first, two thousand twenty, all vessels shall pay nine dollars
and four cents per pilotage unit; from January first, two thousand
twenty until January first, two thousand twenty-one all vessels shall
pay nine dollars and twenty-two cents per pilotage unit; from January
first, two thousand twenty-one until January first, two thousand
twenty-two all vessels shall pay nine dollars and forty cents per
pilotage unit; on and after January first, two thousand twenty-two all
vessels shall pay nine dollars and sixty-eight cents per pilotage unit.

(2) A minimum charge calculated on two hundred pilotage units shall
apply to vessels of less than two hundred 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.