Compulsory Pilotage Requirements

State of New Jersey Statute

12:8-35 Vessels required to take maritime pilot; exceptions

Every United States vessel and every foreign vessel shall take a State-licensed maritime pilot when entering or leaving pilotage waters and shall take a licensed maritime pilot or docking pilot, as provided herein, when otherwise underway in pilotage waters. This requirement shall not apply to:

a.       a vessel documented under the United States flag and operating in a coastwise trade; or

b.      a public vessel of the United States or a vessel otherwise exempt from state pilotage regulation by United States law; or

c.       a yacht of less than 200 feet in length.

If a regulated vessel underway on State pilotage waters fails to take a maritime pilot, the owner, master, agent or charterer shall pay the pilotage fees as if one had been employed and be subject to penalties under the commission’s regulations.

State of New York Navigation Law

Section 88.

1) Every foreign vessel and every American vessel under register entering and 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. 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.