§ 88. Pilotage at Sandy Hook, Sands Point or Execution Rocks; rates.\n1. Every foreign vessel and every American vessel under register\nentering or departing from the Port of New York by the way of Sandy Hook\nor by the way of Sands Point or Execution Rocks, shall take a Sandy Hook\npilot licensed under the authority of this article or of the laws of the\nstate of New Jersey or a person heretofore licensed as a Hell Gate\npilot. Notwithstanding the provisions of this subdivision, recreational\nvessels as defined in section 2101 (34) of title 46 of the United States\nCode of less than two hundred feet in length may be exempted from the\ncompulsory state pilotage requirement at the discretion of the board of\ncommissioners of pilots. Whenever the services of such a pilot are\nrefused, the master, owners or consignees, shall pay pilotage as if one\nhad been employed. Such pilotage shall be paid to the pilot first\nspeaking or offering his services as pilot to such vessel. The pilotage\nauthorized to be collected whenever a pilot shall be refused by a vessel\nshall be sued for and recovered in the name of the pilot tendering such\nservice. Such pilotage, when recovered, shall belong to and may be\nretained by such pilot for his own benefit and use. Recreational vessels\nas defined in section 2101 (34) of title 46 of the United States Code\nmay be exempted from the compulsory state pilotage requirement pursuant\nto this subdivision at the discretion of the board of commissioners of\npilots.\n 2. It shall be unlawful for any person not licensed as a Sandy Hook\npilot under this article, or under the laws of the state of New Jersey\nor a person heretofore licensed as a Hell Gate pilot, to pilot or offer\nto pilot any foreign vessel or vessel from a foreign port or any vessel\nsailing under register to or from the port of New York, by the way of\nSandy Hook or by the way of Sands Point or Execution Rocks, and it shall\nlikewise be unlawful for any master or person on board a tug or tow-boat\nto tow such a vessel to or from the port of New York by the way of Sandy\nHook or by the way of Sands Point or Execution Rocks unless such vessel\nshall have on board a Sandy Hook pilot licensed under this article or\nunder the laws of the state of New Jersey.\n 3. Violation of subdivision two of this section shall be a misdemeanor\npunishable by a fine not exceeding one hundred dollars or by\nimprisonment not exceeding sixty days. Any person employing such an\nunlicensed person to act as pilot shall forfeit and pay the sum of one\nhundred dollars to the board of commissioners of pilots.\n 4. (a) Every foreign vessel and every American vessel under register\nentering or departing from the port of New York by the way of Sandy Hook\nor by the way of Sands Point or Execution Rocks shall be subject to\npilotage fees, at the rates hereinafter specified, at the time of her\nentrance or departure. If such pilot at the request of the master, owner\nor consignee of any inbound vessel or at the request of the agent\nentering such vessel at the port of New York anchors or moors such\nvessel at any place inside of Sandy Hook or inside of Sands Point or\nExecution Rocks, or if such vessel be detained at quarantine, the same\npilotage fees shall be payable and the pilot entitled to his discharge.\n (b) The following scale of charges shall be applicable:\n (1) Upon the effective date of this paragraph and thereafter:\n (i) The following rate table shall be used to calculate pilotage fees\nby multiplying total pilotage units per vessel by the designated factor,\nthen adding or subtracting the designated adjustment:\n PILOTAGE UNITS FACTOR ADJUSTMENT\n 0 to 24.99 0 +455\n 25 to 49.99 0 +568\n 50 to 99.99 0 +710\n 100 to 299.99 7.65 -55\n 300 to 474.99 6.89 +173\n
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