Bill Text: NY A06703 | 2019-2020 | General Assembly | Amended

---

Bill Title: Exempts certain vessels from the compulsory state pilotage requirement at the discretion of the board of commissioners of pilots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-06 - approval memo.28 [A06703 Detail]

Download: New_York-2019-A06703-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         6703--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 15, 2019
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Transportation  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee

        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:

     1    Section 1. Subdivision 1 of section  88  of  the  navigation  law,  as
     2  amended  by  chapter  943  of  the  laws  of 1971, is amended to read as
     3  follows:
     4    1. Every foreign vessel  and  every  American  vessel  under  register
     5  entering or departing from the Port of New York by the way of Sandy Hook
     6  or by the way of Sands Point or Execution Rocks, shall take a Sandy Hook
     7  pilot licensed under the authority of this article or of the laws of the
     8  state  of  New  Jersey  or  a  person heretofore licensed as a Hell Gate
     9  pilot.  Notwithstanding the provisions of this subdivision, recreational
    10  vessels as defined in section 2101(25) of title 46 of the United  States
    11  Code  of  less  than two hundred feet in length may be exempted from the
    12  compulsory state pilotage requirement at the discretion of the board  of
    13  commissioners  of  pilots.  Whenever  the  services  of such a pilot are
    14  refused, the master, owners or consignees, shall pay pilotage as if  one
    15  had been employed. Such pilotage shall be paid to the pilot first speak-
    16  ing  or  offering  his  services  as  pilot to such vessel. The pilotage
    17  authorized to be collected whenever a pilot shall be refused by a vessel
    18  shall be sued for and recovered in the name of the pilot tendering  such
    19  service.  Such  pilotage,  when  recovered,  shall  belong to and may be
    20  retained by such pilot for his own benefit and use. Recreational vessels
    21  as defined in section 2101(25) of title 46 of the United States Code may
    22  be exempted from the compulsory state pilotage requirement  pursuant  to
    23  this  subdivision  at  the  discretion  of the board of commissioners of
    24  pilots.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09703-02-9
        A. 6703--A                          2

     1    § 2. Subdivision 1 of section 89-a of the navigation law,  as  amended
     2  by chapter 838 of the laws of 1960, is amended to read as follows:
     3    1.  Every  foreign  vessel  and  every American vessel under register,
     4  except vessels proceeding otherwise than by sea and of less  than  three
     5  hundred  gross  registered tons and having a fully loaded draft of seven
     6  feet or less, entering or departing from the Hudson  river  north  of  a
     7  line  running from the foot of Main street, Yonkers, west to Alpine, New
     8  Jersey, or navigating any of the waters of the  Hudson  river  north  of
     9  said  line  and  south of the dam at Troy, New York, shall take a Hudson
    10  river pilot licensed under the authority of this article.  Notwithstand-
    11  ing the provisions of this subdivision, recreational vessels as  defined
    12  in  section  2101(25) of title 46 of the United States Code of less than
    13  two hundred feet in length may be exempted  from  the  compulsory  state
    14  pilotage  requirement at the discretion of the board of commissioners of
    15  pilots. Whenever the services of such a pilot are refused,  the  master,
    16  owners  or  consignees  shall  pay pilotage as if one had been employed.
    17  Such pilotage shall be paid to the pilot first speaking or offering  his
    18  services  as  pilot  to  such  vessel.  The  pilotage  authorized  to be
    19  collected whenever a pilot shall be refused by a vessel  shall  be  sued
    20  for  and recovered in the name of the pilot tendering such service. Such
    21  pilotage, when recovered, shall belong to and may be  retained  by  such
    22  pilot  for  his own benefit and use.  Recreational vessels as defined in
    23  section 2101(25) of title 46 of the United States Code may  be  exempted
    24  from the compulsory state pilotage requirement pursuant to this subdivi-
    25  sion at the discretion of the board of commissioners of pilots.
    26    §  3.  Subdivision 1 of section 89-b of the navigation law, as amended
    27  by chapter 732 of the laws of 1991, is amended to read as follows:
    28    1. Every foreign vessel and every American vessel under register tran-
    29  siting the New York state waters of Long Island Sound  or  Block  Island
    30  Sound  east  of  Execution  Rocks  or  Sands Point, and any such vessels
    31  entering or departing from any port  situated  on  the  New  York  state
    32  waters  of  Long  Island  Sound  east of Execution Rocks or Sands Point,
    33  shall take a Long Island-Block Island Sound  pilot  licensed  under  the
    34  authority  of  this  article.  Every  foreign  vessel and every American
    35  vessel under register transiting the  New  York  state  waters  of  Long
    36  Island  Sound or Block Island Sound east of a line running southeasterly
    37  from the mouth of the Byram River at the New  York-Connecticut  boundary
    38  to  Oak  Neck Point on Long Island shall take a pilot licensed under the
    39  authority of this article or the laws of any other state having  concur-
    40  rent  jurisdiction over these waters.  Notwithstanding the provisions of
    41  this subdivision, recreational vessels as defined in section 2101(25) of
    42  title 46 of the United States Code of less  than  two  hundred  feet  in
    43  length may be exempted from the compulsory state pilotage requirement at
    44  the  discretion  of  the  board of commissioners of pilots. Whenever the
    45  services of such a pilot are refused, the master, owners  or  consignees
    46  shall  pay pilotage as if one had been employed. The pilotage authorized
    47  to be collected whenever a pilot shall be refused by a vessel  shall  be
    48  sued  for and recovered in the name of the pilot tendering such service.
    49  Such pilotage, when recovered, shall belong to and may  be  retained  by
    50  such  pilot for his own benefit and use. Recreational vessels as defined
    51  in section 2101(25) of title  46  of  the  United  States  Code  may  be
    52  exempted from the compulsory state pilotage requirement pursuant to this
    53  subdivision at the discretion of the board of commissioners of pilots.
    54    § 4. This act shall take effect immediately.