New York State Navigation Law

This chapter shall be known as the navigation law, and shall apply to navigation and the use of navigable waters of the state and regulations hereby created.

ｧ 2. Definitions.

The following terms when used in this chapter unless otherwise expressly stated, or unless the context of the language or subject matter indicates a different meaning or application was intended, shall be deemed to mean and include:

Article 2 - ADMINISTRATION

ｧ 10. Duties of the commissioner of parks, recreation and historic reservation and the commissioner of environmental conservation.

The commissioner of parks, recreation and historic preservation shall administer the provisions of this chapter, except as such administration may be otherwise provided. He or she may delegate such administration to another officer or employee of the office of parks, recreation and historic preservation. Within the sixth park region, the boundaries of which are described in subdivision six of section 7.01 of the parks, recreation and historic preservation law, the commissioner of environmental conservation shall administer the provisions of articles three and eleven of this chapter. He or she may delegate such administration to another officer or employee of the department of environmental conservation.

ｧ 12. Inspector; qualifications.

The commissioner may appoint an inspector or inspectors, who shall have a practical knowledge of the construction, equipment and management of vessels and who shall possess such experience and qualifications as required to carry out and fulfill the duties of inspector indicated in this chapter and specifically defined in section thirteen hereof and as may be determined by the New York state civil service department.

ｧ 13. Inspector; duties.

The inspector shall annually, and at such other times as he shall deem it expedient, or as the commissioner may direct, inspect every public vessel, except vessels which navigate on waters over which the United States exercises active control. The inspector shall carefully examine the hull, the propelling and auxiliary machinery, the electrical apparatus and the vessel's equipment. He shall require such changes, repairs and improvements to be made as he may deem expedient for the contemplated route. No vessel, or propelling machinery thereof shall be allowed to be used if constructed in whole, or in part, of defective material, or which because of its form, design, workmanship, age, use or for any other reason is unsafe. He shall also fix the number of passengers that may be transported. The inspector shall require that the boilers, on all public vessels which are propelled by steam engines, be inspected and approved for safety of operations by inspectors of the New York State Department of Labor, Bureau of Boilers. Every boiler and appurtenances thereof shall be constructed, maintained and operated in accordance with the Department of Labor rules and regulations pertaining to boilers. The inspector shall also, whenever he deems it expedient, visit any vessel licensed under this chapter and examine into her condition for the purpose of ascertaining whether or not any party thereon, having a certificate, or license, from the inspector, has conformed to and obeyed the conditions of such certificate, and the provisions of this chapter. The owner, master, pilot, engineer or joint pilot and engineer of such vessel, shall answer all reasonable questions and give all the information in his or their power in regard to said vessel, or its machinery or equipment and the manner of managing the same. The inspector provided for in this chapter is authorized to make further rules and regulations applying generally to all vessels, or especially to one or more of them. In framing rules for the government of managers and employees on vessels, the inspector shall, as far as practicable, be governed by the general rules and regulations prescribed by the United States coast guard. The inspector shall have the power to issue a uniform navigation summons and/or complaint for violations of the provisions of article four of this chapter which are applicable to vessels.

ｧ 14. Inspector; licenses.

The inspector is authorized and empowered to grant licenses as provided in article four of this chapter.

ｧ 15. Inspector; fees.

The inspector is authorized to collect fees as provided in article four of this chapter.

ｧ 16. Inspector; reports.

The inspector shall on or about the first day of January in each year, make a verified report to the commissioner containing a detailed statement of the name and registry number of each vessel examined and licensed, the name and registry number of each vessel to which license was refused and stating the reasons for refusal, the name of each person examined and licensed, the name of each person to whom license was refused and stating the reason therefor, and may include in such report any other information the inspector deems desirable.

ｧ 17. Traveling navigation inspectors.

The commissioner may appoint not to exceed three traveling navigation inspectors whose qualifications shall include a full knowledge of the navigation law and regulations established thereunder and a practical experience in the navigation of vessels. Such inspectors shall be employed for such periods of the year and at such rates of pay as the commissioner may deem necessary, and shall have the power to issue a uniform navigation summons and/or complaint for violations of the provisions of article four of this chapter which are applicable to vessels.

ｧ 18. Special navigation inspectors.

The commissioner may, if in his judgment conditions so require, appoint members of local boat clubs, or other persons found competent, to act as special navigation inspectors during regattas authorized by him. The power and authority in such special navigation inspectors shall be limited to the period during which the regatta is authorized and to the enforcement of the navigation law and special regulations. Upon the completion of the regatta, he shall file with the commissioner a report covering the conduct of the regatta and his activities. Such special navigation inspector shall receive no compensation from the state. Any expense in connection with his duties shall be borne by the person conducting the regatta.

ｧ 19. Uniform navigation summons and complaint.

ｧ 20. Verification of complaints.

Where a navigation summons has been served by a peace officer, acting pursuant to his special duties, police officer, or traveling navigation inspector, in cases of violations of any provision of this chapter or of any ordinance, rule or regulation enacted pursuant thereto or pursuant to any other law relating to navigation, any chief, deputy-chief, captain, lieutenant or acting lieutenant, sergeant or acting sergeant of a police department, or any sheriff, undersheriff, chief deputy, deputy sergeant or deputy in charge of navigation maintained by any sheriff in any county to whom the service of the navigation summons is reported, is hereby authorized to administer to such officer or traveling navigation inspector, all necessary oaths in connection with the execution of the complaint to be presented in court by such officer or traveling navigation inspector, in the prosecution of such offense but a complaint need not be verified provided it shall be affirmed under penalty of perjury.

Article 3 - NAVIGABLE WATERS OF THE STATE

ｧ 30. Navigation, jurisdiction over.

The commissioner shall have jurisdiction over navigation on the navigable waters of the state and, except as otherwise provided, shall enforce the provisions of this chapter and the regulations established thereunder. As a guide to the interpretation and application of this article, nothing authorized hereunder shall be construed to convey any property rights, either in real estate or material, or any exclusive privilege; nor authorize any injury to private property or invasion of private rights or any infringement of federal, state or local laws or regulations, but shall express the assent of the state so far as it concerns the public rights of navigation. Nothing contained in this section shall be construed to limit, impair or affect the general powers and duties of the commissioner of transportation relating to canals as set forth in section ten of the canal law.

ｧ 31. Excavation, fill or other modification of water course.

No person or local public corporation shall excavate or place fill in the navigable waters of the state without first obtaining a permit therefor in conformity with the provisions of section 15-0505 of the environmental conservation law.

ｧ 32. Location of structures in or on navigable waters.

ｧ 32-a. Using net or weir unlawfully in Hudson river.

A person, who uses any net or weir for setting or attaching nets, or a pole or other fixture in any part of the Hudson river, except as permitted by statute, is guilty of a misdemeanor.

ｧ 32-b. Lights upon swing bridges.

A corporation, company, or individual, owning, maintaining or operating a swing bridge across the Hudson river, who during the navigation season between sundown and sunrise, neglects to keep and maintain upon every such bridge the lights required by law, is guilty of a misdemeanor.

ｧ 32-c. Interfering with navigation.

A person who throws, or causes, or permits to be thrown, from any boat, scow, or other vessel, or in any other manner, into the tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or any of the navigable waters of this state, including bays, sounds and harbors, any earth, ashes, cinders, stone, or other material, or who builds any structure therein, which will in any manner lessen the depth of such waters, or interfere with the free and safe navigation thereof, is guilty of a misdemeanor.

ｧ 32-d. Dumping or depositing of certain materials in the Genesee river.

Except as specifically authority by law, no person shall dump or deposit, or allow to be dumped or deposited, logs, lumber, timber, fabricated wood products or wood debris in the Genesee river which may interfere with the free and safe navigation thereof. A violation of the provisions hereof shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than thirty days, or by both such fine and imprisonment.

ｧ 32-e. Restriction and regulation of structures in certain towns and villages in the county of Niagara.

The local legislative body of the towns of Lewiston and Porter and the villages of Youngstown and Lewiston for the purpose of responsible shoreline management, may adopt, amend and enforce local laws, rules and regulations not inconsistent with the laws of this state or of the United States, with respect to the restriction and regulation of the manner of construction and location of structures in the Niagara River within or bounding the towns of Lewiston and Porter and the villages of Youngstown and Lewiston to a distance of one-half the width of the river or up to the United States-Canadian border. Structures may include boathouses, wharfs, piers, docks, jetties or other types of structures which are non-permanent in nature or which are otherwise not subject to permit requirements.

ｧ 33. Deposit of refuse in navigable waters of the state.

No person shall drain, deposit or cast any dead animal, carrion, offal, excrement, garbage or other putrid or offensive matter into the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, except as the same may be authorized by the state department of health. Every person violating the provisions of this section shall upon conviction by any court of competent jurisdiction be guilty of a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment for each offense. The district attorney of the county, in which the offense is committed or exists, is authorized and directed to prosecute such offender or offenders.

ｧ 33-a. Sanitary facilities aboard craft on Lake George, Canandaigua Lake, Keuka Lake, Skaneateles Lake and on Greenwood Lake, Orange county.

It shall be unlawful for any owner or operator or for a marina or other business to launch, moor, dock or operate any craft, or permit such launching, mooring or operating of any craft upon Lake George, upon Canandaigua Lake, upon Keuka Lake, upon Skaneateles Lake, and upon Greenwood Lake, Orange county, their tributaries or outlets, equipped with toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water or other sanitary facilities which in any manner discharge into the waters of the lake, its tributaries or outlet. All such toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water, or other sanitary facilities, shall be removed or sealed or made to drain into a tank or reservoir which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county and state health agencies. Failure to comply with the provisions of this section aboard craft on Lake George, Canandaigua Lake, Keuka Lake, and on Greenwood Lake, Orange county shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment. Failure to comply with the provisions of this section aboard craft on Skaneateles Lake shall be a misdemeanor punishable by a fine not to exceed five hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment.

ｧ 33-b. Dumping or depositing trash and other debris in Chautauqua lake and its tributaries; ice fishing shanties on lakes within the state of New York; identification of duck blinds.

Any person who dumps, deposits or allows or causes to be dumped or deposited in any manner any trash, glass, bottles, garbage or any other debris in the waters of Chautauqua lake or its tributaries, or upon the shore line adjacent thereto, or upon the ice covering the waters of Chautauqua lake, or any person who constructs, moves, places or causes or allows to be constructed, moved or placed any structure upon the ice covering the waters of lakes within the state of New York, shall be guilty of, a violation punishable by a fine of not to exceed one hundred dollars, unless the person who constructs, moves, places or causes or allows to be constructed, moved or placed any structure upon the ice covering the waters of lakes within the state of New York shall have placed thereon with paint or in some other permanent manner the owner's full name in characters at least three inches high and his address in a contrasting color to the surrounding structure, and provided further the said structure is removed not later than the fifteenth day of March in each year or such other date as may be set by the department of environmental conservation. Every duck blind, placed in the waters of lakes within the state of New York, shall have prominently placed thereon, in some permanent manner, the owner's full name and address, and further each duck blind so placed shall be removed from the water no later than the fifteenth day of March following its placement. The wilful failure of an owner of a duck blind to affix such identification or remove it from the water by the prescribed date shall subject said owner to a fine of one hundred dollars.

ｧ 33-c. Regulating disposal of sewage; littering of waterways.

ｧ 33-d. Sanitary facilities aboard crafts on Lake Champlain.

It shall be unlawful for any owner or operator of any craft upon Lake Champlain, its tributaries or outlets, to operate any craft equipped with a marine toilet which in any manner discharges sewage into the waters of said lake, its tributaries or outlets. All marine toilets on any such craft shall also incorporate or be equipped with a holding tank which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county or state health agencies. Any holding tank designed so as to provide for an optional means of discharge to the waters on which the craft is operating shall have the discharge openings sealed shut and any discharge lines, pipes or hoses shall be removed or disconnected and stored while operating on the waters of said lake, its tributaries or outlets. Failure to comply with the provisions of this section shall be a violation punishable by a fine not to exceed two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment.

ｧ 33-e. Marine sanitation devices aboard vessels in vessel waste no-discharge zones.

ｧ 34. Regattas.

The commissioner may authorize the holding of regattas or boat races on any navigable waters of the state within his jurisdiction. He shall adopt and may, from time to time, amend regulations concerning the safety of vessels and the passengers and other persons thereon, either observers or participants. Whenever a regatta or boat race is proposed to be held on such waters, the person in charge thereof, shall, at least fifteen days prior thereto, file an application with the commissioner in his office at Albany for permission to hold such regatta or boat race. The application shall set forth the date and location where it is proposed to hold such regatta or boat races and it shall not be conducted without authorization of the commissioner in writing. A copy of the regulations adopted pursuant to this section, and of any amendments thereto, shall be filed in the office of the commissioner and in the office of the department of state. A copy of such regulations shall be furnished by the commissioner to any person making due application therefor. Any person who shall violate any regulation adopted pursuant to this section shall for every such violation forfeit to the people of the state the sum of not to exceed two hundred and fifty dollars to be recovered in a civil action.

ｧ 34-a. Permits for racing shell regattas not required.

Nothing contained in section thirty-four of this chapter or in any other general or special law shall be deemed or construed as requiring any permit or permission to hold a regatta or race of rowing shells by any educational institution or amateur rowing organization in navigable waters of the state. For the purpose of this section, a "racing shell" is defined to mean any boat, specially designed for racing and propelled solely by means of oars, not including lifeboats or standard type rowboats, not specifically designed for rowing races. Any educational institution or amateur rowing organization, however, shall file with the commissioner a notification of all races to be held, setting forth the dates, places, a description of the course and the number of entrants in each race. No fee shall be charged for such filing.

ｧ 35. Aids to navigation.

The commissioner may authorize, through the issuance of a revocable permit, the placing of aids to navigation in the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, to mark obstructions to navigation, or for any other purpose, if, in his judgment, it will promote safety of navigation. Any person interested in the navigation of the navigable waters of the state, and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, who may desire to place such aids to navigation therein, without expense to the state, may make application to the commissioner and submit a map suitable for blue print reproduction showing the proposed location of such aids to navigation and their color and meaning. The commissioner shall make rules and regulations establishing the size, shape, color and significance of such aids to navigation. When authorization has been granted the said aids to navigation shall be deemed lawfully placed. If, in the judgment of the commissioner, aids to navigation authorized by him are found to be improperly placed or that the reason for their placement no longer exists, he may revoke the permit authorizing their placement by written notice mailed to the person to whom the permit was issued directing their removal within a specified time. The person to whom such notice is directed shall thereupon remove the aids to navigation in accordance with such instructions. In case of failure by the person so directed to remove the aids to navigation within the specified time, the commissioner may cause their removal. The cost and expense of such removal shall be a charge against the person authorized to place the aids to navigation and it shall be recoverable through action in any court of competent jurisdiction. Each aid to navigation lawfully placed shall bear in a conspicuous place and in legible condition the letters "NYS". Any person placing such designating letters on an aid to navigation not lawfully placed, in accordance with this section, shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be subject to a fine of not more than twenty-five dollars for each and every offense. Any person who shall moor or fasten a vessel to a lawfully placed aid to navigation or shall wilfully damage, alter the location of, or otherwise render ineffective a lawfully placed aid to navigation shall be guilty of a misdemeanor and upon conviction before a court of competent jurisdiction shall be subject to a fine of not more than fifty dollars for each and every offense.

ｧ 35-a. Floating objects other than aids to navigation.

ｧ 35-b. Markers for skin or scuba divers.

ｧ 35-c. Real time and wind water level telemetry system.

ｧ 36. Removal of unauthorized floating object.

No unattended floating object shall be anchored within the navigable waters of the state for any purpose, except as same may be authorized under the United States laws, rules and regulations or by section thirty-five and thirty-five-a of this chapter or by local ordinances as may be duly approved by the commissioner. Any person finding such anchored object is authorized to remove the same.

ｧ 37. Public use of privately owned navigable waters.

The provisions of this chapter shall apply to privately owned navigable waters to which the public has or is granted access, for compensation or otherwise, for boating, bathing, swimming or other recreational uses or purposes.

ｧ 38. Lake George water levels.

Any dam or other similar structure so located in the outlet of Lake George as to affect the water levels of the lake shall, with due allowance for fluctuations due to natural causes or to emergencies and for a reasonable use of water for power and for sanitary purposes, be operated in such a manner as to maintain the waters of the lake from the first day of June to the thirtieth day of September in each year as nearly as may be at an average level of three and five-tenths feet on the gage of the United States Geological Survey at Rogers Rock on Lake George, known as Rogers Rock gage, and in such a manner as to maintain the waters of the lake from the first day of October to the first day of December at a level which shall not fall below two and five-tenths feet on said gage; and, consistent with the above mentioned fluctuations and reasonable use, the waste gates of any such dam or other structure shall be operated so that, to the extent possible, the waters of the lake will not be permitted to rise above a level of four feet on such gage at any time during the year or to fall below a level of two and five-tenths feet on said gage at any time after the first day of June and prior to the first day of December in any year. If at any time during the year the waters of the lake shall rise above such level of four feet any person owning or operating such dam or other structure shall immediately open the waste gates thereof and take such other appropriate action as in the judgment of the water resources commission may be necessary to lower the waters of the lake with the least practicable delay to a level not higher than four feet of said gage. If at any time after the first day of June and prior to the first day of December in any year the waters of the lake shall fall below such level of two and five-tenths feet such person shall immediately close the waste gates of such dam or other structure; and no person shall withdraw water from the lake for the purpose of generating power during any period of time between the first day of June and the first day of October in any year when the level of the waters of the lake is below two and five-tenths feet on said gage. The water resources commission or its duly authorized representative shall at all times have access to such dam or other structure and is hereby authorized and directed to operate the waste gates thereof whenever necessary for the purpose of carrying out the provisions of this section. The water resources commission shall establish such rules and regulations as in its judgment may be necessary for the enforcement of the provisions of this section, and it is hereby authorized to enter into such agreement or agreements with any person or persons owning or operating any such dam or other structure as in its judgment may be necessary in order to carry into effect the provisions of this section and of such rules and regulations. In addition, the water resources commission shall, once in each year during the first week in July, cause to be published in at least three daily newspapers serving the area the reading on the Rogers Rock gage on the first day of July in that year. Any person violating any provision of this section or of any rule or regulation established or of any agreement entered into pursuant thereto shall for every such violation forfeit to the people of the state the sum of not to exceed two hundred fifty dollars to be recovered in a civil action.

ｧ 39. Motor boat regulation on Lake George.

Article 4 - VESSELS

Part 1 - VESSELS, GENERAL

ｧ 40. Equipment.

Equipment required herein shall be carried on every vessel except as otherwise provided, while underway, or at anchor with any person aboard, while on the navigable waters of the state and any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties. Should the federal government adopt vessel equipment requirements different from those contained in this section, the commissioner shall be authorized to adopt rules and regulations superceding the vessel equipment requirements of this section to achieve consistency with federal standards, and shall submit such proposed rules and regulations to the secretary of state in accordance with the state administrative procedure act within thirty days of the adoption of federal equipment requirements or submit a statement as to why such conforming changes are not being proposed.

ｧ 40-a. Manufacture and sale of outboard motors.

No outboard motor manufactured after January first, nineteen hundred eighty shall be sold or offered for commercial sale by a dealer in this state unless such motor shall have permanently engraved thereon by the manufacturer an identifying serial number. Such serial mark shall be of a permanent nature so as to prevent or discourage the removal, defacing, alteration or destruction thereof. Anyone violating the provisions of this section shall be guilty of a violation punishable by a fine of not less than one hundred nor more than two hundred fifty dollars.

ｧ 40-b. Sale and use of tributyltin paint.

ｧ 41. Pilot rules.

The following rules shall be observed on all mechanically propelled vessels on the navigable waters of the state and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties:

ｧ 42. Searchlights; unlawful to flash.

Any licensed master, pilot, joint pilot and engineer or operator, who shall flash or cause to be flashed, the rays of a searchlight into the pilot house or into the eyes of the master, pilot, or operator of an approaching vessel shall be liable to have his license revoked. Any person committing such act shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article. Searchlights shall not be known as navigating lights.

ｧ 43. Lights to be displayed.

ｧ 44. Noise levels on pleasure vessels.

ｧ 45. Reckless operation of a vessel; speed.

ｧ 45-a. Beaching a disabled water craft.

Except in an emergency, it shall not be lawful to intentionally beach or abandon any vessel, ship, boat or other water craft on underwater lands of navigable waters of the state surrounding Richmond county, without the permission of the owners or lessees of the uplands abutting such underwater lands. Any violation of this section shall be a misdemeanor punishable as set forth in section seventy-three-b of this article.

ｧ 45-aa. Special provisions relating to reckless operation and speed on Canandaigua lake; Keuka lake.

ｧ 45-aaa. Special provisions relating to speed on Irondequoit bay.

ｧ 45-aaaa. Special provisions relating to reckless operation and speed on Greenwood Lake.

ｧ 45-aaaa. Special provisions relating to speed on Sodus Bay.

ｧ 45-aaaaa. Special provisions relating to reckless operation and speed on Lake Alice.

ｧ 45-aaaaaa. Special provisions relating to noise and speed on Lamoka Lake and Waneta Lake.

ｧ 45-aaaaaa. Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes.

ｧ 45-b. Regulation of beaches.

Except when prohibited by reason of the laws of the United States, the board of trustees of a village may adopt, amend and enforce rules and regulations not inconsistent with law, with respect to regulating the use of beaches in or adjacent to the village and regulating swimming and bathing in open waters exposed to the public, including the use of underwater diving devices for swimming and fishing, within or bounding the village or such beaches to a distance of fifteen hundred feet from the shore, including any waters within or bordering a village in the county of Nassau or Suffolk, and requiring the owners or operators of any bathing beaches, bath houses or other places charging a fee to the public for the use of such facilities to provide adequate safeguards for the protection of the public in waters adjacent to such premises.
The provisions of this section shall be controlling notwithstanding any contrary provisions of law.

ｧ 45-c. Special provisions relating to reckless operation and speed on Conesus lake.

ｧ 45-d. Special provisions relating to speed at Crooke's Point in Great Kills Harbor.

ｧ 46. Vessel regulation zone.

ｧ 46-a. Regulations of vessels.

ｧ 46-aa. Special provisions relating to speed on lakes in Chautauqua county.

ｧ 46-aaa. Special provisions relating to reckless operation and speed on certain lakes in Hamilton county.

ｧ 46-aaaa. Special provisions relating to speed on Cuba lake.

ｧ 46-b. Special provisions relating to speed on Saratoga lake.

ｧ 47. Accidents; reports.

ｧ 48. Negligence in use or operation of vessel attributable to owner.

ｧ 49-a. Operation of a vessel while under the influence of alcohol or drugs.

ｧ 49-b. Operating a vessel after having consumed alcohol; under the age of twenty-one; per se.

ｧ 49-c. Termination of unsafe operation.

A police officer or peace officer, acting pursuant to his or her special duties, who has reasonable cause to believe that a vessel, including a rowboat or canoe, is being operated, in his or her presence, upon the navigable waters of the state, or any tidewaters bordering on or lying within the boundaries of the county of Nassau or Suffolk, in violation of any section of this article, and that it would be so imminently hazardous to continue to operate such vessel as to be likely to cause an accident or physical injury, may direct the master or operator of such vessel to cease operating upon such waters, and to proceed immediately to dock the vessel at the nearest available safe anchorage, dock or mooring until the violation charged by such officer is finally adjudicated or until such hazardous condition is remediated or otherwise corrected.

Part 2 - PUBLIC VESSELS

ｧ 50. Owners to notify inspector and apply for inspection.

It shall be the duty of the owner of a public vessel which he intends to operate on the navigable waters of the state to notify the inspector of such intention at least one month before it is desired to place the vessel in operation and to request an inspection of such vessel. Upon receipt of such notification the inspector shall enter the application on the records of his office. A temporary permit to operate such vessel pending inspection may be issued by the inspector, if he finds through documentary evidence that such vessel is properly equipped and manned for the safety of life and property. No public vessel shall be used or operated without a certificate of inspection or a temporary permit as herein provided.

ｧ 54. Construction against fire.

All public vessels shall be so constructed that inflammable material about any machinery or apparatus involving danger of fire where such inflammable material is exposed to ignition, shall be shielded by some incombustible material so that the air may circulate freely between such material and the ignitable substances. Before granting a certificate of inspection, the inspector shall require that all necessary provisions be made throughout such vessel as he may judge expedient to guard against loss or damage by fire.

ｧ 55. Stairways and gangways.

Every public vessel engaged in carrying passengers shall be provided with permanent stairways and other sufficient means convenient for passing from one deck to the other, with gangways large enough to allow persons freely to pass, which shall be open fore and aft of the length of the vessel, and to and along the guards; and whoever obstructs such gangways by freight or otherwise shall be guilty of a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars for every such violation.

ｧ 56. Fire pump.

Every public vessel permitted by her certificate to carry one hundred passengers or more, shall be provided with a fire pump or other equivalent apparatus for throwing water, the same to be at all times during the navigation of such vessel, kept ready for immediate use, having hose of suitable size and sufficient strength to stand a pressure of at least seventy-five pounds to the square inch, and of a length to be specified by the inspector. The inspector may require the installation of an approved fixed fire extinguishing system as defined in subdivision five of section sixty-seven in lieu of, or in addition to, the fire pump required by this section.

ｧ 57. Identification number of vessel.

Every public vessel subject to the provisions of this chapter shall be registered and display the identification number assigned as set forth in section twenty-two hundred fifty-one of the vehicle and traffic law. In addition to the number assigned, each public vessel shall display the letters "PV" not more than six inches above or below the identification number. The letters "PV" shall be not less than five inches in height and maintained in a legible condition so that the letters, "PV", are readily discernible during daylight hours at a distance of two hundred feet. It shall be the duty of every owner to register and display numbers as herein indicated. Violation of this section shall be a violation punishable by a fine of not less than twenty-five nor more than one hundred dollars.

ｧ 58. Number of passengers.

It shall not be lawful to take on board of any public vessel a greater number of passengers than the number allowed in the certificate of inspection and for every violation of this provision, the master, pilot, joint pilot and engineer or owner shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article.

ｧ 58-a. Unauthorized boarding of vessels.

ｧ 59. Manning of vessels.

All public vessels while under way under their own power, must be in charge of a licensed master, pilot, engineer, or joint pilot and engineer. Any owner who permits the operation of a public vessel by a person who does not possess a valid license or temporary permit, in full force and effect as master, pilot, engineer or joint pilot and engineer shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article.

ｧ 60. Inability to provide licensed officer.

If the owner or master of a public vessel is unable to obtain the services of a licensed officer, the inspector shall be notified and the deficiency may be temporarily supplied, if the inspector approves, until the services of a licensed officer can be obtained.

ｧ 61. Repairs.

Whenever any public vessel is placed upon the dock for repairs, it shall be the duty of the owner to report the fact to the inspector so that he may make a thorough inspection to determine what is necessary to make such vessel seaworthy; if the condition or age of the vessel in the judgment of the inspector renders such examination necessary. Before making general repairs to an engine of a vessel coming under the provisions of this chapter, the engineer in charge of such engine shall report, in writing, the nature of such repairs to the inspector. It shall be the duty of all engineers when an accident occurs to an engine in their charge tending to render such engine unsafe, to report the same to the inspector promptly.

ｧ 62. Loss of life by misconduct of officers.

Every master or other person employed on any public vessel, by whose misconduct, negligence or inattention to his duties on such vessel, the life of any person is destroyed, and every owner or charterer through whose fraud, neglect, misconduct or violation of law, the life of any person is destroyed, shall be guilty of a felony.

ｧ 63. Certificate of inspection.

The inspector, if satisfied that a public vessel is in all respects safe and conforms to the requirement of this chapter, shall make and subscribe duplicate certificates setting forth the name and number of the vessel, its age, the date of inspection, the name of the owner, the number of licensed officers and crew necessary to manage the vessel with safety, equipment required and any special restrictions or remarks pertaining to the operation of the vessel and the number of passengers she can safely carry, and, if a steam vessel, the age of the boiler and the pressure of steam she is authorized to carry. One of said certificates shall be kept posted in some conspicuous place on the vessel to be designated by the inspector and the other copy shall be kept by the inspector and by him recorded in a book to be kept for that purpose. If the inspector refuses to grant a certificate of approval, he shall make a statement in writing, giving his reasons for such refusal, and deliver the same to the owner or master of the vessel. The posting of certificates of inspection shall not be required on vessels of less than ten tons burden. However said certificates must be aboard whenever the vessel is in operation.

ｧ 64. Licenses.

Every person employed as a master, pilot, engineer or joint pilot and engineer, on board of a public vessel, shall be examined by the inspector as to his qualifications, and if the inspector is satisfied therewith, he shall grant him a license for the term of one year. In a proper case, the license may permit and specify that the master may act as pilot, and in case of small vessels may also act as joint pilot and engineer. The license shall be framed under glass and posted in some conspicuous place on the vessel on which he may act, provided that on vessels of less than ten tons, the license must be carried but need not be posted. Whoever acts as master, pilot, engineer, or joint pilot and engineer, without having first received such license, except as in this article otherwise specified, shall be guilty of a misdemeanor. An applicant for license as master, pilot, or engineer, must be at least twenty-one years of age. An applicant for a license as joint pilot and engineer must be at least eighteen years of age.

ｧ 64-a. Suspension and revocation of licenses.

ｧ 65. Fees for vessel inspections and for the issuance of licenses.

The owner of a public vessel, inspected and licensed as provided in this chapter, shall pay to the inspector, for each vessel not over ten tons burden, twenty dollars; for each vessel over ten and not over twenty tons burden, thirty dollars; for each vessel over twenty and not over fifty tons burden, forty dollars; for each vessel over fifty and not over one hundred tons burden, fifty dollars; and for each vessel over one hundred tons burden, one hundred dollars. Each person licensed, as provided for in this chapter, shall pay twenty dollars for each original license and ten dollars for each renewal thereof. All moneys received by the office for examinations, licenses or renewals of licenses, shall be deposited into the "I love NY waterways" boating safety fund established pursuant to section ninety-seven-nn of the state finance law.

ｧ 66. Inflammable or explosive articles prohibited.

ｧ 67. Public vessel equipment.

1. Buoyant apparatus.

2. Life preservers.

3. Ventilation.

4. Portable fire extinguishers.

5. Fixed fire extinguishing systems.

6. Marking of equipment.

ｧ 68. Investigations by inspector; penalties; reports.

The inspector upon order or pursuant to direction of the commissioner shall investigate all violations and charges of violations of the provisions of this article which are applicable to public vessels. Should the investigations disclose that a person has sustained bodily injury through accident caused as the direct result of any such violation, he shall file with the district attorney of the county in which such violation occurred, a statement of the nature of the violation, the injury sustained and the names of the persons involved and of the witnesses thereto. Any master, owner, or other person violating any of such provisions, in addition to any other punishment prescribed by this chapter or other law, shall forfeit to the people of the state a sum of not less than twenty-five nor more than one hundred dollars to be fixed by the court or justice for each and every offense; every violation shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.

ｧ 69. Seizure of public vessels.

Whenever the inspector shall find after investigation or have reasonable cause to believe that any public vessel is being operated in contravention of the provisions of this article, or is being operated by an unlicensed person by and with the consent of the owner, he may seize and impound such vessel until the termination of the action against the owner to recover the penalty therefor and thereafter until the penalty imposed by the court or justice has been paid. Such seizure and impoundment of any public vessel by the inspector shall be at the owner's risk. Within fifteen days after the entry of judgment by the court or justice, the inspector may, unless the judgment be sooner paid and in lieu of proceeding by body execution, sell the public vessel so impounded at public sale upon notice to the owner. Notice of the sale, specifying the date, place and hour of the sale shall be served upon the owner of the public vessel personally or by registered mail addressed to him at his last known post-office address, and published not less than ten days before the sale. The publication of notice of sale shall be made in a newspaper or newspapers designated by the commissioner having general circulation in the county where the public vessel was seized and impounded. The proceeds of sale shall first be applied in payment of the judgment and expenses of sale and the remainder shall be paid to the owner of the public vessel or other person lawfully entitled thereto. If the commissioner is unable to determine by reasonable investigation the person or persons entitled to the remainder of the proceeds of sale, he may deposit the same with the supreme court in the third judicial district for final determination thereon.

Part 2-A - PETROLEUM-BEARING VESSELS

ｧ 70. Minimum conditions for petroleum-bearing vessels in certain areas; tanker-avoidance zones.

ｧ 71. Petroleum-bearing vessel advisory commission.

Part 3 - PLEASURE VESSELS

ｧ 71-c. Capacity plate.

ｧ 71-d. Liveries; safety regulations; penalty.

ｧ 72. Operation of pleasure vessels on Round Island lake, Orange county.

Pleasure vessels as defined in this chapter, equipped with detachable outboard motors or permanent inboard motors, except vessels propelled by electric motors of not over one-fourth rated horsepower, shall not be operated at any time on the waters of Round Island lake, Orange county.

ｧ 72-a. Operation of vessels on the inland waters of Chautauqua county.

No water craft shall pass the stern of a boat being used for trolling less than two hundred feet from the stern of such boat on the inland lakes of Chautauqua county.

ｧ 73. Towing of persons.

ｧ 73-a. Regulations of personal watercraft and specialty prop-craft.

Part 4 - NON-RESIDENT OWNERS AND OPERATORS

ｧ 74. Service of summons and complaint on non-residents.

Part 4 - NON-RESIDENT OWNERS AND OPERATORS

ｧ 74. Service of summons and complaint on non-residents.

Part 5 - BOATING SAFETY EDUCATION

ｧ 75. Educational program.

In order to protect the public interest in the prudent and equitable use of the waters of the state and enhance the enjoyment of pleasure boating and other sports thereon, the commissioner shall initiate and put into effect a comprehensive educational program designed to advance boating safety including the training of youthful boat operators and an adult education program for the safe operation of vessels including personal watercraft and specialty prop-craft.

ｧ 76. Information.

Such program shall include the preparation and dissemination of water safety information to the public, and particularly to the owners and operators of pleasure boats.

ｧ 77. Rules and regulations.

The commissioner may make rules and regulations designed to result in the further knowledge and observance of the principles of safe boat operation.

ｧ 78. Boating safety certificate.

ｧ 78-a. Insurance rate reduction.

Any insurance carrier licensed to issue yacht or boating liability insurance in this state is authorized to grant rate reductions with the approval of the insurance department to any owner of a yacht or boat who has successfully completed a boating safety course or holds a valid United States Coast Guard operators license.

ｧ 79. Courses of instruction.

For the purpose of giving such courses of instruction and awarding boating safety certificates, including those issued to adults for the safe operation of vessels including personal watercraft or specialty prop-craft the commissioner may designate as his or her agent any person the commissioner deems qualified to act in such capacity, including, but not limited to, certified instructors of the United States coast guard auxiliary, United States power squadrons, American power boat association, boy scouts of America, Red Cross and other organizations. No charge whatsoever shall be made to any person for any instructions given to a person less than eighteen years of age or certificate awarded to qualify such person for such boating safety certificate issued to a person less than eighteen years of age.

Article 4-A - ENFORCEMENT BY COUNTIES

ｧ 79-a. Definitions.

As used in this article:

ｧ 79-b. Vessel and equipment anti-theft program; eligibility for state aid.

ｧ 79-c. Rules.

The commissioner may adopt and amend when he deems necessary all rules and regulations to carry out the provisions of this article.

Article 5 - TIDEWATER NAVIGATION

ｧ 80. Three feet depth to be maintained.

Whenever a municipal corporation shall divert or cause to be diverted the water, or a portion thereof, of a fresh water stream or streams outside the limits of an incorporated city flowing into a tidewater creek or estuary which tidewater creek or estuary before such diversion was navigable for vessels of twenty or more tons burden, it shall be the duty of the corporation so diverting or causing to be diverted such stream or streams of fresh water to keep said navigable tidewater creek or estuary deepened to the depth of at least three feet at low water mark from its mouth to the head of tidewater for the full natural width of said creek, and to maintain such navigable depth of water at all times, but in the county of Nassau it shall not be compulsory to maintain such depth to any greater width than fifty feet.

ｧ 81. Supervisor to serve notice.

It shall be the duty of the supervisor of the town or the president of the incorporated village in which any such tidewater creek or estuary is located, in whole or in part, to serve written or printed notice on the chief officer of the municipal corporation so diverting water from the stream of fresh water, or on the superintendent or other person in charge of the works, at any time, of the fact of such tidewater creek or estuary not being maintained at the depth and width herein provided for, and the said municipal corporation shall within fifteen days thereafter, by dredging or otherwise, restore such navigable stream to the depth as specified by this article; and it shall not be lawful for such corporation to continue the diversion of any such fresh water stream after said fifteen days have expired from the time of serving such notice, until the tidewater creek or estuary into which any such stream flows shall have been deepened to the required depth and width. If such municipal corporation disputes any of the allegations of fact contained in such notice, it must within three days after receiving the notice cause a reply in writing to be served on the town or village officer whose name is signed thereto by delivering the same to him personally, or to the town clerk or village clerk as the case may be, and such reply in writing must state what alleged fact is disputed, and also clearly specify the reasons for controverting the allegations of fact contained in the notice.

ｧ 82. Commissioner of transportation to inspect and report.

In case of any controversy arising between such town or village officer and the said municipal corporation diverting such fresh water as to the depth or width of said tidewater creek or estuary, the commissioner of transportation shall, within ten days after notice to him cause said tidewater creek or estuary to be inspected and a report as to its condition to be filed in the office of the department of transportation, and the depth at low-water mark as certified to by him shall be deemed correct, and the expense of such inspection shall be paid by said municipal corporation, which corporation shall have fifteen days from and after the filing of such report in which to put such tidewater creek or estuary into the proper navigable condition herein provided for.

ｧ 83. Injunction.

At any time after fifteen days' notice has been given, as hereinabove provided for, by the supervisor of a town or the president of a village in which such tidewater creek or estuary is located, either of such officers, as the case may be, may apply to the supreme court for an injunction restraining said municipal corporation from diverting any fresh water from the stream or streams above until such tidewater creek or estuary shall have been put into the proper condition as to depth and width herein provided for, and it shall be the duty of the court to grant such injunction, and the costs of such proceeding shall be paid by the municipal corporation diverting such stream of water.

ｧ 84. Application of this article.

The provisions of this article shall also apply in every respect to any stock corporation or association, or any individual diverting the water of a fresh water stream which would otherwise flow into a tidewater creek or estuary, and the service of any notice or other paper necessary in an action or otherwise shall be deemed to be served on such corporation or association, or on such individual, if served on the superintendent or other person in charge of the works by which the water is diverted from such stream.

ｧ 85. Penalty.

Any corporation or individual continuing to divert water from such fresh water stream without maintaining the navigable depth of the tidewater creek or estuary into which it flows, as herein provided for, shall be liable to a penalty of fifty dollars per day for each and every day such diversion is continued, computing from the expiration of forty days after notice is given as provided in section sixty-one, which penalty may be sued for and recovered by such supervisor or village president in the name of the town or village in which such tidewater creek is so located, and the amount recovered shall be paid into the treasury of such town or village.

ｧ 86. Payment by city of New York.

For the purpose of carrying out any work which may be required to be done by the city of New York under the provisions of this article, and to provide the means for doing such work, said city must at all times make the necessary appropriation therefor, to be levied and collected in the next annual tax levy. The commissioner of environmental protection, in the city of New York, is hereby authorized to enter into a contract with any person or corporation for the doing of said work, in the manner provided by chapter thirteen of the New York city charter and chapter thirteen of the administrative code of the city of New York.

Article 6 - PILOTS AND PILOTAGE FEES, PORT OF NEW YORK

ｧ 87. Board of commissioners of pilots; powers and duties

ｧ 88. Pilotage at Sandy Hook, Sands Point or Execution Rocks; rates.

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. 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.
2. It shall be unlawful for any person not licensed as a Sandy Hook pilot under this article, or under the laws of the state of New Jersey or a person heretofore licensed as a Hell Gate pilot, to pilot or offer to pilot any foreign vessel or vessel from a foreign port or any vessel sailing under register to or from the port of New York, by the way of Sandy Hook or by the way of Sands Point or Execution Rocks, and it shall likewise be unlawful for any master or person on board a tug or tow-boat to tow such a vessel to or from the port of New York by the way of Sandy Hook or by the way of Sands Point or Execution Rocks unless such vessel shall have on board a Sandy Hook pilot licensed under this article or under the laws of the state of New Jersey.
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 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 be subject to pilotage fees, at the rates hereinafter specified, at the time of her entrance or departure. If such pilot at the request of the master, owner or consignee of any inbound vessel or at the request of the agent entering such vessel at the port of New York anchors or moors such vessel at any place inside of Sandy Hook or inside of Sands Point or Execution Rocks, 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:

PILOTAGE UNITS	FACTOR	ADJUSTMENT
0 to 24.99	0	+455
25 to 49.99	0	+568
50 to 99.99	0	+710
100 to 299.99	7.65	-55
300 to 474.99	6.89	+173
475 and over	0.91	+3014

The pilotage fee charged shall be the fee calculated pursuant to the rate table in this section plus seven and one-half (7.5%) percent of the calculated fee.
(ii) On and after the date of receipt, by the board of commissioners of pilots of a joint request from the united New York Sandy Hook pilots'benevolent association and the united New Jersey Sandy Hook pilots' benevolent association, pilotage fees shall be calculated pursuant to this subparagraph. Such request shall be provided to the board of commissioners of pilots within ten days of approval by the membership of the united New York Sandy Hook pilots' benevolent association and the united New Jersey Sandy Hook pilots' benevolent association of amendments to the articles of association consistent with this subparagraph on or before December thirty-first, nineteen hundred ninety-five.

1.(A)

PILOTAGE UNITS (P.U.)	TARIFF
0 to 24.99	$424.00
25 to 49.99	$499.00
50 to 99.99	$617.00
100 to 499.99	$( P.U.X6.20)
500 and up	$((( P.U.-500)X0.83)+3100)

(ii) Effective July first, two thousand, the following rate table shall be used to calculate base pilotage tariffs:

PILOTAGE UNITS (P.U.)	TARIFF
0 to 24.99	$437.00
25 to 49.99	$514.00
50 to 99.99	$636.00
100 to 499.99	$( P.U.X6.39)
500 and up	$((( P.U.-500)X.85)+3195)

Upon the effective date of this item, the Base Pilotage Tariff as computed above shall include and be increased by the amount of the surcharge set pursuant to paragraph (e) of this subdivision in order to fund the capital expense fund.

(iii) Effective immediately and thereafter, the following rate table shall be used to calculate base pilotage tariffs:

PILOTAGE UNITS (P.U.)	TARIFF
0 to 24.99	$459.00
25 to 49.99	$540.00
50 to 99.99	$668.00
100 to 499.99	$(P.U.X6.71)
500 and up	$(((P.U.-500) X .89)+3355)

(iv) Effective July first, two thousand two, the following rate table shall be used to calculate base pilotage tariffs:

PILOTAGE UNITS (P.U.)	TARIFF
0 to 24.99	$480.00
25 to 49.99	$564.00
50 to 99.99	$698.00
100 to 499.99	$(P.U.X7.01
500 and up	$(((P.U.-500) X .93)+3505)

PILOTAGE UNITS	TARIFF
0 to 24.99	$150.60
25 to 49.99	$179.00
50 to 99.99	$220.50
100 to 299.99	$((2.37x P.U.)-15
300 to 474.99	$(((P.U.-500) X .93)+3505)
475 and up	$((0.29x P.U.)+935)

2. (A) All retirement assets shall be used exclusively to pay a yearly target retirement benefit to (aa) Sandy Hook pilots active on the date pilotage rates are computed pursuant to this clause and thereafter, upon retirement on or after the age of sixty, or sick retirement; (bb) retired pilots or pilots receiving sick retirement benefits on the date of adoption; and (cc) to surviving spouses of pilots, as provided for below.
(B) No individual other than those specified in item (A) of this subclause shall be eligible for benefits pursuant to the surcharge described in subitem i of item (B) of subclause one of this clause without the approval of the Sandy Hook pilots' surcharge board.
(C) The funds generated by the surcharge imposed by subitem i of item (B) of subclause one of this clause and item (A) of subclause one of this clause shall be administered by the joint board of trustees, or any successors thereto, of the united New York Sandy Hook pilots' benevolent association and the united New Jersey Sandy Hook pilots' benevolent association, or any successors thereto.
(D) The surcharges pursuant to subitem i of item (B) of subclause one of this clause and item (A) of subclause one of this clause, shall be collected by the agent of the Sandy Hook pilots. Funds generated for these purposes shall be audited annually by the Surcharge Board to ensure proper funding for the purposes set forth in subitem i of item (B) of subclause one of this clause.

3. (A) Each Sandy Hook pilot active on the date pilotage rates are computed pursuant to this clause who retires or becomes eligible for sick retirement benefits shall receive, a target yearly benefit computed as a single life annuity, initially equal to fifty percent (50%) of the amount which is equal to the highest earnings from service as a full branch Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last three full calendar years of service as an active Pilot prior to retirement, reduced as provided in subclause six of this clause and adjusted as provided in subclause seven of this clause.
(B) Each retired Sandy Hook pilot and each Sandy Hook pilot receiving sick retirement benefits on or after the date pilotage rates are computed pursuant to this clause shall receive a target yearly benefit computed as a single life annuity, initially equal to fifty percent of the amount which is equal to the highest earnings from service of a full branch Sandy Hook pilot during calendar year nineteen hundred ninety-four as an active pilot, reduced by the amount determined for such year by the joint board of trustees to be set aside for each active Sandy Hook pilot's retirement, and adjusted as provided in subclause seven of this clause.
(C) Each Sandy Hook pilot who first entered service as a Sandy Hook pilot after the date pilotage rates are computed pursuant to this clause, shall participate in such qualified retirement program as adopted by each such pilot and funded by such portion of the surcharge allocated thereto by the surcharge board to provide a contribution of an amount equivalent to twelve percent of the earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause. Such amount shall be transferred directly by the agent to such pilot's retirement account, it being understood that such pilot's entire retirement benefit will be provided solely by the account balance of such retirement account on the date of retirement. In addition, such surcharge shall be used to purchase life and disability insurance coverage from an insurance company selected by the joint board of trustees. Such disability insurance shall provide a disability benefit computed as a single life annuity, equal to fifty percent (50%) of the amount which is equal to such pilot's earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last full calendar year of service as an active Sandy Hook pilot prior to disability, until the age of sixty. In the event such disability insurance is unavailable, each such pilot eligible for sick retirement benefits shall receive, a target yearly benefit computed as a single life annuity equal to the sum of ten percent of the amount which is equal to the earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last full calendar year of service as an active Sandy Hook pilot prior to disability and one and sixth-tenth percent (1.6%) for each year of service after the first year to a maximum of fifty percent of the amount which is equal to the earnings from service as an active Sandy Hook pilot based upon the base pilotage tariffs set forth in item (A) of subclause one of this clause during the last full calendar year of service as an active Sandy Hook pilot prior to disability, until the age of sixty.

4. (A) A Sandy Hook pilot eligible for benefits set forth in item (A) of subclause three of this clause who retires, shall not be entitled to commence receiving benefits until the commencement of the benefit payment period next following the date on which such pilot retired or became eligible for sick retirement benefits. For accounting purposes, the benefit payment periods shall consist of a full calendar quarter commencing on January first, April first, July first, and October first of each year, but the first payments of benefits shall be made during the months of March, June, September, and December.
(B) No retired Sandy Hook pilot shall commence receiving benefits until a properly completed resignation as an active pilot specifying a proposed date of retirement has been submitted in writing to the appropriate board of trustees, or successor thereto, prior to November first, if retirement is to become effective on the first day of the following January; prior to February first, if retirement is to become effective on the first day of the following April; prior to May first, if retirement is to become effective on the first day of the following July; and, prior to August first, if retirement is to become effective on the first day of the following October.
(C) For the purpose of the computations described in item (A) of subclause three of this clause service by a pilot of more than six months of such pilot's last calendar year as an active pilot shall be considered a full calendar year.
(D) If a retired Sandy Hook pilot or a Sandy Hook pilot receiving sick retirement benefits dies without a surviving spouse, the balance of the target yearly pension benefit for the remainder of the benefit payment period shall be paid to the deceased pilot's estate or designated beneficiary after which all rights to benefits shall terminate.

5. (A) The surviving spouse of a Sandy Hook pilot described in item (A) of subclause three of this clause who dies while in active service shall receive a target yearly pension benefit equal to fifty percent of the amount which such deceased pilot would have received under item (A) of subclause three of this clause had retirement immediately preceded the date of death, reduced as provided in subclause six of this clause and adjusted as provided in subclause seven of this clause.
(B) With respect to Sandy Hook pilots described in items (A) and (B) of subclause three of this clause, the surviving spouse of a deceased retired Sandy Hook pilot or a deceased Sandy Hook pilot receiving sick retirement benefits on the date of death, shall receive a target yearly benefit equal to the deceased pilot's benefit for the remainder of the benefit payment period in which death occurred, and thereafter fifty percent (50%) of the amount received by the deceased pilot on the date of death, adjusted as provided in subclause seven of this clause.
(C) Upon the death of the surviving spouse of a deceased Sandy Hook pilot who was receiving benefits, the balance of the target yearly pension benefit for the remainder of the benefit payment period shall be paid to the deceased surviving spouse's estate or designated beneficiary after which all rights to benefits shall terminate.

6. The united New York Sandy Hook pilots' benevolent association and the united New Jersey Sandy Hook pilots' benevolent association, or any successors thereto, or the pilots individually shall adopt such other money purchase qualified plans under the Internal Revenue Code of 1986, as amended, as approved by the Sandy Hook pilots' surcharge board, the present value of the aggregate contributions thereto provided through funding under subitem i of item (B) of subclause one of this clause, adjusted annually on January first of each year to reflect the average thirty year treasury bond rate for the prior calendar year plus fifty basis points and then restated as a single life annuity, shall offset (but not below zero) upon retiring from service as an active Sandy Hook pilot on or after the age of sixty, or upon attaining the normal retirement age of sixty years for those pilots receiving a sick retirement benefit, the target yearly pension benefits payable under the plan from time to time to each beneficiary.

7. The joint board of trustees or any committee appointed thereby shall adjust the benefits described in items (A) and (B) of subclause three of this clause by not more than one-half of the cumulative adjustment in the "Consumer Price Index - All Urban Consumers - (CPI-U) N.Y. - Northern N.J. - Long Island, NY-NJ-CT - All Items" on the earlier of each third anniversary of the date pilotage rates are computed pursuant to this subparagraph or the date on which such consumer price index increases by an increment of more than twelve percent (12%) from the level in effect on the date (aa) pilotage rates are computed pursuant to this subclause, or (bb) of any subsequent adjustment to such rates. These adjustments shall take place for a period of fifteen years from the date pilotage rates are computed pursuant to this subclause with respect to pilots described in item (B) of subclause three of this clause and for a period of fifteen years from the date of retirement with respect to pilots described in item (A) of subclause three of this clause. Adjustments granted to retired pilots or their surviving spouses retired less than the full three year interval between adjustments shall have such adjustments pro-rated to the number of months they have been retired prior to such adjustment. The determination by the joint board of trustees or any committee appointed thereby of the amount of such adjustment shall be final.

8. In the event that in any calendar year the surcharge described in subitem i of item (B) of subclause one of this clause is subject to the limitation set forth in such subitem i the benefits payable under items (A), (B) and (C) of subclause three of this clause, items (A), (B) and (C) of subclause five of this clause and subclause six of this clause and the portion of the surcharge allocable thereto, shall be reduced pro-rata. However, in the event of such pro-rata reduction, the joint board of trustees shall arrange to fund out of the base pilotage tariffs set forth in item (A) of subclause one of this clause the twelve percent contribution level contemplated in subitem i of item (B) of subclause one of this clause. The joint board of trustees shall determine the amount of such reductions and the amount of such funding out of base pilotage tariffs, which determinations shall be final.

9. The joint board of trustees may, from time to time, adopt such regulations as are deemed appropriate to implement the provisions of this clause.

(2) "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 by the following formula:

Overall Length x Extreme Breadth x Depth
to Uppermost Continuous Deck
_____________________________
10,000

equals

Pilotage Units

(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 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 purpose of computation of pilotage fees. Failure to provide the measurements so required shall subject the vessel to the maximum pilotage charge.
(e) There is hereby created a segregated fund to be known as the capital expense fund. Such segregated fund shall be initially funded by the increase in the base pilotage tariff as set forth in item (A) of subclause one of clause (ii) of subparagraph one of paragraph (b) of this subdivision by not more than seventy-five dollars per ship. Such surcharge, upon annual review and approval of the Sandy Hook pilots surcharge board, shall be imposed and used for the purposes of funding, after the payment of reasonable and necessary expenses, capital expenditures including: the payment of outstanding debt related to the reengining of the pilot boat Sandy Hook; the payment of outstanding debt related to the rebuilding of the bulkhead and pier at the Sandy Hook Pilot base at Staten Island, New York; the payment of outstanding debt related to and the extraordinary repairs to the pilot boat New York; to secure four new pilot launches; and to fund all extraordinary capital expenses (those beyond normal operating expenses) approved by the surcharge board along with portable DGPS pilot units, if deemed appropriate by the surcharge board.

Such surcharge may fund similar future expenditures upon annual review and approval of the Sandy Hook pilot surcharge board. The surcharge board may set the rate not to exceed one hundred twenty-five dollars per ship. The surcharge board is hereby authorized to reduce or suspend payment of the surcharge set forth herein to take into account any monies dedicated or awarded to the pilot capital needs from sources other than the tariff and surcharges set forth in this article.

ｧ 88-a. Unlicensed piloting.

A person other than a lawfully authorized Sandy Hook pilot or a person heretofore licensed as a Hell Gate pilot who pilots or offers to pilot or tows or offers to tow any boat or vessel (except barges, vessels under fifty-five tons burden, and canal boats actually used in navigating the canals) through that part of the East river, commonly called Hell Gate, is guilty of a misdemeanor. But no pilotage shall be charged to any vessel under a coasting license, on entering or departing from the port of New York by way of the East river called Hell Gate unless such vessel actually employs a pilot, and the making of such charge or demand without such employment shall be deemed a misdemeanor.

This section does not apply to vessels owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade.

ｧ 89-a. Pilotage on the Hudson river; rates.

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. 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.
2. It shall be unlawful for any person not licensed as a Hudson river pilot under this article to pilot or offer to pilot any foreign vessel or vessel from a foreign port or any vessel under register on that portion of the Hudson river specified in the preceding subdivision.
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 navigating the waters of that portion of the Hudson river specified in this section shall be subject to pilotage fees, at the rates hereinafter specified in this subdivision:
(b) From or into the port of New York: Yonkers Line
The following scale of charges shall be applicable:

All vessels of 100 pilotage units and over shall pay .......... $13.33
per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy.

The following charges shall be applicable to Section 2, Upper River:
Up to 50 pilotage units ..................................... $1090.26
More than 50 and up to 100 pilotage units ................... $1333.00
A maximum charge of up to 500 pilotage units shall be applicable.

(1-a) All vessels shall pay an additional launch fee and communication fee. The launch fee shall be set by the board of commissioners of pilots to recoup the cost of operating a pilot launch and pilot station at Yonkers. The communication fee shall be set by the board of commissioners of pilots to recoup the cost of portable electronic communication and navigation equipment carried aboard the vessel by the pilot.

All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde Park through Albany or Troy shall pay a mid-river launch fee. The mid-river launch fee shall be set by the board of commissioners of pilots to recoup the cost of operating a pilot launch and pilot station at Norrie Point.

The launch fee, communication fee, and mid-river launch fee shall be reviewed annually by the board of commissioners of pilots on or about the anniversary date upon which this section shall have become a law.

In the event a vessel transiting the Hudson River requires a continuous pilotage of more than twelve hours, two pilots shall be assigned at the beginning of such transit, and the fee shall be the regular pilotage fee plus fifty percent for the second pilot. The fee for the second pilot shall not apply when the first pilot is discharged at the mid-river pilot station and relieved at such station by a second pilot. A second pilot shall not be required when the vessel anchors for a minimum of eight hours such that the transit does not require a continuous pilotage of more than twelve hours by one pilot.

(2) "Pilotage units" shall be determined as expressed by the following formula:

Overall length x extreme breadth x depth to uppermost continuous deck divided by 10,000 equals pilotage units.

(3) In the middle river and upper river as specified herein no foreign and no American vessel under register shall be docked, undocked or shifted unless such docking, undocking or shifting is performed by a Hudson river pilot duly licensed under this article.
(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 tonnage openings, engine space 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 measurement 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 purpose of computation of pilotage fees.
Failure to provide the measurements so required shall subject vessel to the maximum pilotage charge.

ｧ 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. 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.
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 five dollars and thirty cents per pilotage unit.
(2) A minimum charge calculated on one hundred pilotage units shall apply to vessels of less than one hundred units of measurement. A maximum charge calculated on four hundred fifty pilotage units shall apply to vessels of more than four hundred fifty 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.

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.

ｧ 90. Licensing of Sandy Hook pilots; apprenticeship.

1. No license shall hereafter be granted to any person to act as pilot for the port of New York by way of Sandy Hook or by the way of Sands Point or Execution Rocks, unless the applicant shall have served an apprenticeship in the New York Sandy Hook pilot service in the manner provided in this section. Subject to the rules and regulations of the board of commissioners, the executive committee of the United New York Sandy Hook Pilots Benevolent Association (hereinafter designated the benevolent association) shall have sole control over all apprentices and be charged with the responsibility to instruct such apprentices in their duties as Sandy Hook pilots. No other apprenticeship shall be accepted by the commissioners. Application for apprenticeship may be made to the board of commissioners on a form to be prescribed by such commissioners. The qualifications necessary for an applicant to enter into an apprenticeship shall be prescribed by rule or regulation of the board of commissioners. The names of all persons accepted as apprentices shall be registered in the books of the board of commissioners and certified to the benevolent association in the order of their acceptance. Apprentices shall serve at least four years apprenticeship. Each apprentice shall be examined by the board of commissioners upon completion of his apprenticeship and if found worthy and qualified may be licensed as a New York Sandy Hook pilot in the lowest grade then established by the commissioners. In the event a national or other emergency shall make it imperative to the safe movement of vessels in and out of the port of New York by the way of Sandy Hook or by the way of Sands Point or Execution Rocks, that licenses to pilot such vessels be issued to persons who have not served the apprenticeship herein prescribed, then in that event the board of commissioners may issue temporary pilot licenses, other than full branch licenses, to qualified persons to serve as Sandy Hook pilots so long as the emergency continues or until the pilots so licensed can be replaced by deputy pilots licenses after completion of the prescribed term of apprenticeship.

2. The commissioners, or a majority of them, shall license for such terms as they may think proper, as many pilots as they may deem necessary to pilot ships to and from the port of New York by the way of Sandy Hook or by the way of Sands Point or Execution Rocks and such commissioners may specify in such licenses different degrees of qualifications appropriate to different parts or branches of pilot duty, according to the competency of the applicant. A license shall be denied to any person holding any license or authority from or under the authority of the laws of any other state.

ｧ 91-a. Licensing of Hudson river pilots.

The commissioners, or a majority of them, shall license, for such terms as they may think proper, as many pilots as they may deem necessary to pilot ships through that portion of the Hudson river specified in this act, the continuation of the Hudson river, and the main ship channel of the Upper bay, New York harbor, east of a line from Robbins reef light to the tower at Staten Island borough hall and down to the Verrazano Narrows Bridge, and such commissioners may specify in such licenses different degrees of qualifications appropriate to different parts or branches of pilot duty, according to the competency of the applicant.

ｧ 91-b. Licensing of Long Island-Block Island Sound Pilots.

1. The commissioners, or a majority of them, shall license, for such terms as they may think proper, as many pilots as they may deem necessary to pilot ships 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 in the New York state waters of Long Island Sound east of Execution Rocks and Sands Point and on the continuation of Long Island Sound to a line running from the foot of City Island Avenue on City Island southerly to Stepping Stones light, and such commissioners may specify in such licenses different degrees of qualifications appropriate to different parts or branches of pilot duty, according to the competency of the applicant.

2. Upon the taking effect of this chapter, all pilots who are then, and have been for the two years immediately prior thereto, actively engaged, as a regular occupation, in piloting seagoing vessels through the waters specified in this chapter shall, upon application, be licensed as full branch Long Island-Block Island Sound pilots for the waters covered by this chapter if found by the commissioners to be qualified in accordance with their regulations in effect on March seventeenth, nineteen hundred seventy-one, except that any person who is found to be so qualified who has reached his sixtieth birthday prior to the effective date of this act shall be eligible to renew his license until age seventy.

ｧ 92. Examination of applicants.

It shall be the duty of the commissioners, before they shall grant a license to any person applying therefor, to call such applicant before them, within one month thereafter, and in the presence of one or more pilots licensed for the waters regarding which such applicant seeks to be examined, who shall be notified to attend, examine such applicant or cause him to be examined, with relation to his qualifications for the office of pilot. In case of the nonattendance of any licensed pilot so notified, the examination may be conducted in his absence. Each applicant shall be examined in particular touching his knowledge of the tides, soundings, bearings and distances of the several shoals, rocks, bars and points of land and night lights in the navigation for which he applies for a license to act as a pilot, and also touching any other matter relating thereto which the commissioners may deem proper. If upon the examination the person so applying shall be found to be of good moral character and temperate habits, and possessed of sufficient ability, skill and experience, the commissioners may grant him a license.

ｧ 93. Bond.

Before granting any such license, the commissioners shall require the applicant to furnish a bond to the people of this state, with two sureties to be approved by such commissioners or a majority of them, in a penalty not exceeding five hundred dollars. Such bond shall be conditioned upon the diligent and faithful performance by such pilot of his duties, and upon his obedience to the rules, regulations and decisions of the commissioners of pilots. Every such bond shall be prosecuted in the name of the people of the state of New York, by or in behalf of the commissioners, provided a majority of them shall so instruct, and if any amount be collected in such suit it shall be paid to the commissioners, who may thereupon direct the same to be applied for the purposes specified in subdivision two of section ninety-seven of this article.

ｧ 94. Suspension or revocation of licenses; suspension of pilots.

1. If any pilot licensed under this article shall become intoxicated while in charge of any ship or vessel as pilot, he shall forfeit his pilotage, and be suspended from duty for six months, for the first offense. For the second offense, he shall be deprived of his license and forever thereafter be incapable of acting as a pilot. Such penalties or any other forfeitures or penalties incurred by virtue of this article, or by the rules and regulations of the board of commissioners made in conformity with this article, shall not be imposed unless such pilot shall have been first summoned.

2. The commissioners may suspend any pilot licensed under this article at any time for any period they may deem proper, and may revoke and annul any license which shall have been granted upon satisfactory proof of negligence, carelessness, wilful dereliction of duty, or wilful disobedience by such pilot of any lawful rule or regulation duly made and promulgated by the commissioners. The pilot so suspended, at any time, upon due notice, may appeal to the commissioners for a re-hearing of his case, and such commissioners shall have power to confirm or reverse the previous decision.

3. The board of commissioners may revoke or annul the license of any Sandy Hook pilot who shall not be entitled to the use of such pilot boats as shall have been approved by the commissioners.

4. It shall be the duty of the commissioners to hear and examine all complaints duly made in writing against any pilot or person connected with a pilot boat, for any misbehavior or neglect of duty, or breach of their rules or regulations, which they shall deem material to be investigated. They shall also hear and examine all complaints made in like manner by any licensed pilot against any master, owner, or seaman of a vessel, for any misbehavior toward such pilot in the performance of his duty, or any breach of such rules or regulations.

5. Before any person shall be proceeded against on any complaint, and before any pilot may be removed or suspended for longer than one month, such person or pilot shall be notified, in writing, signed by the secretary, to appear before the board of commissioners. Such notice, which shall specify the nature and substance of such complaint and shall be served personally at least five days before the time fixed for appearance. The commissioners shall postpone or adjourn such hearing from time to time for just cause. The certificate of such commissioners, or of a majority of them, with proof of such service of notice, shall be prima facie evidence that the party upon whom the notice was served, and upon whom a fine or penalty was thereupon imposed, is liable to pay such fine or penalty.

6. The secretary, under the supervision of the commissioners, and at the instance either of the complaining or defending party, shall issue subpoenas to compel the attendance of witnesses before the commissioners, in all cases which they are empowered to hear and examine under this article. The commissioners shall examine on oath, to be administered by them, all such witnesses who in their opinion shall give material testimony. A subpoena issued under this section shall be regulated by the civil practice law and rules except that fees shall be paid by the person on whose behalf the subpoena is issued.

7. Whenever any pilot shall be suspended, he shall forthwith deliver up his branch or license to the board which shall retain it until the time of suspension shall expire. Any such suspended pilot who shall refuse to deliver up such branch or license shall be subjected to a penalty of one hundred dollars for each and every such refusal.

ｧ 95. Regulation of pilots and persons employing them.

1. The board of commissioners may alter or amend any existing regulation for pilots, and make, duly promulgate and enforce new rules or regulations, not inconsistent with the laws of this state or of the United States, which shall be binding and effective upon all pilots licensed under this article, and upon all parties employing such pilots. The commissioners may also regulate the stationing of pilot boats for the purpose of putting pilots aboard and taking of them off vessels bound to and from the port of New York and may designate the areas in which such vessels shall be boarded and left by such pilots. Such commissioners may declare and enforce forfeitures of pilotage upon any mismanagement or neglect of duty by the pilots licensed by them. Such commissioners, in order to prevent any of the pilots licensed by them from combining injuriously with each other, or with other persons, and to prevent any person licensed by them from acting as a pilot during his suspension, or after his license has been revoked, may declare, impose and collect fines and penalties not exceeding two hundred fifty dollars for each such offense. The commissioners may also establish and enforce all other needful rules and regulations for the conduct of the pilots licensed by them, and the parties employing them. Such commissioners may enforce and receive accounts of all moneys collected for pilotage by the pilots licensed by them and may impose and collect from such pilots a sum not exceeding three per centum on the amount thereof to defray their necessary expenses, including clerk hire and office rent.

ｧ 97. Miscellaneous provisions.

1. All actions and proceedings by the board of commissioners to enforce any liability or to recover any fines, penalties or forfeitures given by law to such officers, or to the board of commissioners, may be brought and prosecuted by such officers in the name of the board. Whenever, by law, any notice is required to be given by such officers, or board, a notice signed by the president of the board for the time being, and containing a copy of the provisions under or pursuant to which such notice is given, shall be a sufficient compliance with the requirements of the law in respect to the giving of such notice, provided the commissioners ratify and adopt the same by a majority vote, within twenty days after the giving of such notice. This subdivision shall not apply to any notice required to be given in the progress of any action or special legal proceedings.

2. It shall be the duty of the commissioners, out of any funds which they may obtain to provide rewards to encourage the prompt relief of disabled vessels and the speedy report of the same, and generally to encourage not only the performance of duty, but efforts to relieve vessels and passengers from distress or suffering.

3. The master of every vessel boarded by a pilot shall give such pilot on boarding, an account of the draught of such vessel. If the draught given is less than the actual draught, the master shall forfeit the sum of twenty-five dollars, which may be sued for and recovered in an action commenced in the name of the board of commissioners.

4. It shall be the duty of every branch and deputy pilot belonging to the port to use his utmost endeavors to hail and to interrogate the master of every vessel he shall discover entering the port in reference to all matters necessary to enable such pilot to determine whether such vessel is subject to quarantine.

5. If from the answers obtained from such inquiries it shall appear that such vessel came from a port where any quarantinable disease existed at the time of her departure, or that any case of such disease shall have occurred on board during the passage, the pilot shall immediately direct the master of the vessel to proceed to and anchor at the quarantine anchorage. In other cases of vessels liable to quarantine, he shall direct the masters thereof to proceed and anchor at such point as shall be assigned by the federal health officer as an anchorage for such vessels.

6. The fees for the piloting of vessels over intermediate distances within the waters subject to pilotage regulations under this article and the amounts to be paid for detention of said pilots shall be established by the board of commissioners.

7. A pilot who is carried to sea on a vessel by reason of heavy weather or any other cause shall receive compensation of two hundred dollars a day, his expenses shall be paid, and he shall be provided with first class return transportation at the earliest possible time. The compensation and costs shall be paid by the vessel, its owner, master, charterer or agent.

8. The master, owner, or consignee of any ship, or vessel, to whom any pilot shall have rendered, upon the master's request any extra service for the preservation of such ship or vessel while in distress shall pay such pilot, in addition to the pilotage fees provided by this article, such amount for extra services as the board of commissioners shall determine to be a reasonable reward.

9. Pilotage fees as provided in this article shall be payable by the master, owner, consignee, or agent entering or clearing the vessel at the port of New York, who shall be jointly and severally liable therefor.

ｧ 98. Application of article.

The provisions of this article shall not apply to vessels navigating under a coastwise license and employed in the coasting trade. If, however, any such vessel shall employ a pilot licensed under the provisions of this article, such pilot shall be entitled to receive as compensation for his services pilotage fees in an amount not to exceed the rates established by this article.

Article 7 - MOTOR BOAT REGULATION ON THE ST. LAWRENCE RIVER

ｧ 100. Definitions.

Within the provisions of this article, the words "motor boat" shall be deemed to mean and include a mechanically propelled pleasure vessel having a source of power other than steam. The words include a craft, temporarily or permanently equipped with detachable motors, commonly known as an "outboard" motor boat.

ｧ 101. Motor boat regulation zone.

As soon as practicable, the commissioner shall place on the mainland at some convenient point at or near the water's edge at Fishers Landing, Jefferson county, New York, and not more than one mile westerly thereof, a signboard facing the water and bearing thereon in large characters the words "St. Lawrence river boat regulation zone, west limit." He shall in like manner place a similar signboard at some convenient place at or near the water's edge and facing the water on the mainland easterly of Alexandria Bay and within one mile easterly thereof and southeasterly of the United States government lighthouse in the waters of said river, known as Sunken Rock Light, except that the words "east limit" shall appear in the place of "west limit". If necessary, he may acquire for the state, by agreement with the owners of the lands affected, easements for such purposes. That portion of the waters of the Saint Lawrence river northerly of the mainland of Jefferson county and southerly of the international boundary line between the United States and Canada and easterly of a line drawn northwesterly from the marker hereinbefore referred to at Fishers Landing and westerly of a line drawn from the marker hereinbefore referred to easterly of Alexandria Bay, and running in a northwesterly direction through the said Sunken Rock Light, shall constitute a motor boat regulation zone for the purpose of this article. The expense attached to the performance of the foregoing duties shall be payable from moneys that may be available therefor by appropriation and from moneys, if any, contributed by persons interested. Such zone shall be deemed established and the rules prescribed by this article shall be applicable when such poles or markers and signs shall be installed, and not before.

ｧ 102. Rules governing the operation of motor boats.

The following rules for the operation of motor boats within such zone are hereby established:

2. Every person operating a motor boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to endanger the property of another or the life or limb of any person.

3. No motor boat shall be operated in a reckless manner. Reckless operation shall include operating a motor boat in a manner which unnecessarily interferes with the free and proper use of the waters of said river, or unnecessarily endangers other craft therein, or the life or limb of any person.

4. No motor boat shall be operated during the period from one-half hour after sunset to one-half hour before sunrise at a greater speed than fifteen miles per hour. No motor boat shall be operated during the period from one-half hour before sunrise to one-half hour after sunset at a greater speed than thirty miles per hour. The provisions of this section shall not apply to any motor boat while actually competing in a race held under the auspices of a racing association, chamber of commerce or duly incorporated yacht club.
The provisions of this section are intended to supplement other provisions of this chapter and applicable regulations. The more restrictive provision should be applied if more than one law or rule could be applied to a given situation.

ｧ 103. Violations.

(a)(1) Any person who violates any of the provisions of section one hundred two of this article or any local law, ordinance, order, rule or regulation adopted pursuant to this article, shall be guilty of a violation unless such conduct is declared to be a misdemeanor or a felony pursuant to this chapter or any other law of this state.
(2) Every person convicted of a violation of any of the provisions of this article or of any ordinance, order, rule or regulation adopted pursuant to this article for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not less than twenty-five nor more than one hundred dollars or by imprisonment for not more than seven days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than one hundred nor more than two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; upon a conviction for a third or subsequent violation, all of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment.

(b) The court shall suspend a person's privilege to operate and may suspend a vessel registration:

ｧ 104. Defacing or removing serial numbers or identification marks on outboard motors.

Any person who:

Article 8 - FERRIES

ｧ 110. Licenses.

The local governing body of each county or city in this state may grant licenses for keeping ferries in their respective counties and cities, to such persons as the respective local governing body may deem proper, for a term not exceeding five years. No license shall be granted to a person, other than the owner of the land through which that part of the highway adjoining the ferry shall run, unless the owner is not a suitable person or shall neglect to apply after being served with eight days' written notice from such person of the time and place at which he will apply for such license, or having obtained such license, shall neglect to comply with the conditions of the license or maintain the ferry. Every license shall be entered in the book of minutes of the appropriate local governing body by the clerk; and a certified copy thereof shall be delivered to the person licensed. When the waters over which any ferry may be used shall divide two counties or cities, or a county and city, a license obtained in either of the counties or cities shall be sufficient to authorize transportation of persons, goods, wares and merchandise, to and from either side of such waters.

ｧ 111. Undertaking.

Every person applying for such license shall, before the same is granted, execute and file with the clerk of the local governing body of a county or city his undertaking with one or more sureties, approved by such local governing body, to the effect that he will attend such ferry with sufficient and safe boats and other implements, and so many persons to work the same as shall be necessary during the several hours in each day, and at such rates as such local governing body shall direct.

ｧ 112. Appendages for rope ferries.

Any person licensed to keep a ferry may, with the written consent of the town superintendent of the town where such ferry may be, erect and maintain within the limits of the highway, at such point as shall be designated in such consent, a post or posts, with all necessary braces and appendages for a rope ferry.

ｧ 113. When schedules to be posted.

Every person licensed to operate or control any ferry in this state, or between this state and any other state, operating from or to a city of fifty thousand inhabitants or over, shall post in a conspicuous and accessible position outside and adjacent to each entrance to such ferry, and in at least four accessible places, in plain view of the passengers upon each of the boats used on such ferry, a schedule plainly printed in the English language of the rates of ferriage charges thereon, and authorized by law to be charges thereon, and authorized by law to be charged for ferriage over such ferry. If any such person shall fail to comply with the provisions of this section, or shall post a false schedule, he shall forfeit the sum of fifty dollars for each day's neglect or refusal to post such schedule or any of them, to be recovered by any person who shall sue therefor in any court of competent jurisdiction.

ｧ 114. Ferries.

A person who:

ｧ 115. Ferries and ferry terminal.

In the event that a village is disconnected geographically by water from the mainland of the state and which is not connected by any bridge or viaduct wholly or partly within its corporate limits with such mainland, the board of trustees of a village may acquire, by purchase, lease, charter, new construction or otherwise, and provide, maintain and operate a ferry or ferries, together with the necessary boats and terminals therefor, for the transportation of passengers, express matter and freight between said village and the adjacent mainland of the state, during the whole or such portion or portions of the year, and may charge such rates therefor, as it may deem advisable, and each such village shall have the right to spend money for said purposes or any of them. Before operating any ferry or ferries, the village shall obtain such license or permission from the branch or branches of the United States government having jurisdiction over the navigable waters in which such ferry or ferries shall operate, as may be necessary or required, but notwithstanding any other provision of law, it shall not be necessary for any such village to obtain license or other permission for the operation of such ferry or ferries from any other body politic or court of the state of New York. For the purpose of this subdivision the mainland of Long Island shall be considered part of the mainland of the state of New York.
The provisions of this section shall be controlling notwithstanding any contrary provisions of law.

ｧ 115-a. Ferry service.

A village which owns property which is disconnected geographically by water from the mainland area of the village and the mainland of the state, which such property is not connected by any bridge or viaduct with such mainland area, may acquire, by purchase, lease, charter, new construction or otherwise, and provide, maintain and operate a ferry or ferries, together with the necessary boats and terminals therefor, or may provide ferry service by contract upon such terms and conditions as prescribed by the village board, for the transporation of passengers, express matter and freight between such property and such mainland area, during the whole or such portion or portions of the year, and may charge or agree to such rates therefor, as it may deem advisable, and each such village shall have the right to spend money for such purposes or any of them. Before operating any ferry or ferries, the village shall obtain such license or permission from the branch or branches of the United States government having jurisdiction over the navigable waters in which such ferry or ferries shall operate, as may be necessary or required, but notwithstanding any other provision of law, it shall not be necessary for any such village to obtain license or other permission for the operation of such ferry or ferries from any other body politic or court of the state of New York. For the purpose of this subdivision the mainland of Long Island shall be considered part of the mainland of the state of New York.
The provisions of this section shall be controlling notwithstanding any contrary provisions of law.

Article 9 - RIVERS AND STREAMS AS PUBLIC HIGHWAYS

ｧ 120. Dams and bridges.

No dam shall be erected on any river or stream in this state, recognized by law or use as a public highway for the purpose of floating and running lumber, logs or other timber, over or upon the same, unless there be built in such dam an apron, at least fifteen feet in width, in the middle of the current of such river or stream, of a proper slope for the safe passage of lumber, logs and other timber. No bridge shall be built over any such river or stream in such a manner as to obstruct or prevent the free and uninterrupted passage of lumber, logs and other timber down and along such river or stream.

ｧ 121. Booms and other obstructions to be opened on notice; penalty for failure.

Every person who shall build any boom or other obstruction in the waters of any river or stream, for the purpose of stopping or securing lumber, logs or other timber shall within ten days after the receipt of a written notice from any person who shall have lumber, logs or other timber to transport on such river or stream, open such boom or remove such obstruction or part thereof so as to permit the assorting and passage of such lumber, logs and other timber through and down such river or stream. Every person who wilfully obstructs, by booms or otherwise, the channel of any river or stream so as to hinder or delay the free passage of lumber, logs or timber over or through the same, shall be liable to a penalty of fifty dollars for each day of the continuance of such obstruction, to be recovered by the person aggrieved thereby, and in addition to such penalty, shall be liable for all damages caused by such obstruction.

ｧ 122. Acquisition for public use.

Any person desiring to use a river or stream in this state, which is or shall be recognized by law or use as a public highway, for running logs, timber or wood, by floating or flooding, may institute proceedings for the acquisition of the rights of riparian owners on such river or stream, to the extent that may be necessary, for the public use thereof as a highway for such purpose, pursuant to the provisions of the eminent domain procedure law.

ｧ 123. Marks on logs and timber to be recorded.

Every person who shall run any logs or timber down any river or stream recognized by law or use as a public highway shall select some mark different from any mark previously recorded, and shall put the same on each log or stick of timber in some conspicuous place, and shall cause such mark to be recorded in the county clerk's office of each county in or through which such river or stream runs. The county clerk shall be entitled to the sum of fifty cents for recording such mark, to be paid by the person having the same recorded, and a copy of said entry, certified by the clerk, shall be presumptive evidence that the logs or timber so marked are the property of the person by whom such mark was selected and recorded.

ｧ 123-a. Defacing marks on logs or lumber.

A person who
(a) unlawfully cuts out, alters, or defaces any mark, made on any log or lumber floating in any of the waters of this state or lying upon land, whether or not such mark be recorded pursuant to the provisions of the navigation law, or
(b) puts a false mark on any such log or lumber, is guilty of a misdemeanor.

ｧ 124. Persons prohibited from landing logs, timber or lumber.

No person shall stop, take up or draw to, or lodge on the shore of any river or stream used for floating logs, timber or lumber, or on any island therein, any lumber, logs, timber, boards or planks floating in such river or stream, without the consent of the owner thereof. Any person violating the provisions of this section shall for each violation forfeit to the person aggrieved thereby the sum of ten dollars, and in addition thereto shall be liable to the owner of such logs, timber or lumber for all damages sustained thereby.

ｧ 125. Application of article.

This article shall not apply to the Hudson river, the Allegheny river and its tributaries, nor the Delaware river and its tributaries, nor the waters located in Franklin county, nor the Oswegatchie river and its tributaries, nor the Grasse river and its tributaries, nor the Raquette river and its tributaries, nor the West Canada creek and its tributaries, nor the Black river and its tributaries above its junction with the Moose river; nor be construed to repeal any existing law now applicable to any creek or river in the state.

Article 10 - WRECKS

ｧ 130. Powers and duties of sheriff.

The sheriff of every county in which any wrecked property shall be found, when no owner or other person entitled to the possession of such property shall appear, shall severally take all necessary measures for saving and securing such property; take possession thereof, in whose hands soever the same may be, in the name of the people of the state; cause the value thereof to be appraised by disinterested persons, and keep the same in some safe place to answer the claims of the persons entitled thereto.

ｧ 130-a. Applicability to abandoned historic shipwrecks.

This article deals with recovery and salvage of only those wrecks which are not abandoned historic shipwrecks.

ｧ 131. Sale of wreck.

If the property so saved shall be perishable, so as to render the sale thereof expedient, the officer, in whose custody the same shall be, shall apply to the county court of the county, or the city court of the city, where such property may be, by a verified petition stating the facts, for an order authorizing such sale; if the court shall be satisfied that a sale of the property would be most beneficial to the parties interested, it shall make the order so applied for, and the officer having custody of the property shall sell the same at public auction, at the time and in the manner specified in the order, and the proceeds of such sale, deducting the expenses allowed by the courts, shall be paid to the treasurer of the county in which the property shall have been found.

ｧ 132. Delivery of wreck or proceeds to claimant.

If, within a year after such wrecked property shall have been found and saved, any person shall claim the same or the proceeds thereof, as owner or consignee, or the agent of the owner or consignee, and shall establish his claim by evidence, such court shall make an order directing the officer, in whose possession the property or its proceeds shall be, to deliver or pay the same to the claimant, upon the payment by him of a reasonable salvage, and all necessary expenses incurred in the preservation and keeping of the property.

ｧ 133. Claimant's undertaking.

No such order shall, however, be made unless the claimant shall deliver to such court an undertaking with one or more sufficient sureties to be approved by the court, such claimant or his representative, within two years after the date of the undertaking, by any person, establishing his title as owner of such property or proceeds. The undertaking shall be filed in the clerk's office of the county in which it shall be taken.

ｧ 134. When owner may sue.

The rejection by the court of any claim for wrecked property shall not preclude the claimant from maintaining an action for the recovery of such property or its proceeds against the officer in whose hands the same shall be; but if the plaintiff in any such action shall prevail, there shall be deducted, in addition to the salvage and expenses charged on the property, from the damages recovered, the costs of the defense.

ｧ 135. Claim for salvage.

Every officer to whom any order duly made, for the delivery of the wrecked property, or its proceeds, shall be directed, shall present to the claimant exhibiting such order a written statement of the claims for salvage and expenses on such property and proceeds. If the claimant shall refuse to allow such claims, the amount of such salvage and expenses shall be adjusted in the manner hereinafter provided, and, after the payment or tender of the payment of such salvage and expenses, as agreed to or adjusted, the officer, in whose custody such property or proceeds shall be, shall deliver or pay the same, according to the terms of the order directed to him.

ｧ 136. Detention of wreck.

All sheriffs, and all persons employed by them, and all other persons aiding and assisting in the recovery and preservation of wrecked property, shall be entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved, and the officer having the custody of such property shall detain the same until such salvage and expenses shall be paid and the salvage claimed in any case shall not exceed one-half of the value of the property or proceeds, and every agreement, order or adjustment allowing a greater salvage shall be void. ｧ 137. Appointment of appraisers. If the amount of salvage and expenses on property saved shall not be adjusted by agreement of the parties, the owner or consignee of such property, or the master or supercargo, having charge thereof at the time the same was wrecked, or a claimant having an order for its delivery, may apply to the county court of the county or the city court of a city in which such property shall be, for the appointment of suitable persons as appraisers, to adjust the amount of such salvage and expenses; and such court shall, by an order, appoint three disinterested freeholders of the county, not inhabitants of the town in which the property shall have been saved to adjust such salvage and expenses, who, before they shall enter upon the performance of their duties, shall be sworn to perform faithfully and impartially the duties of their trust. They shall have power to issue compulsory process for the attendance of witnesses, and to administer oaths to all witnesses who shall attend or be produced; and the written decision of the appraisers, or any two of them, as to the amount of salvage and expenses, and the sum to be paid to each person entitled to share in such salvage, or claiming such expenses, shall be final and conclusive. The fees and expenses of the appraisers shall be paid by the person upon whose application they shall have been appointed, and shall be a charge upon the property saved. Each appraiser shall be entitled to five dollars for each day's necessary attendance and expenses.

ｧ 138. Sale and disposition of property.

1. If within a year after wrecked property shall have been saved, no person shall have appeared to claim the same, or if the salvage and expenses on such property shall not have been paid within three months after the same shall have been adjusted, or an action for the recovery of the property shall have been commenced, the officer in whose custody the property shall be shall sell the same at public auction, and pay the proceeds of such sale, deducting salvage and expenses, to the state comptroller pursuant to the provisions of section thirteen hundred seven of the abandoned property law for the benefit of the parties interested; but in no case shall any deduction of salvage and expenses be made unless the amount thereof shall have been adjusted upon due proof, by an order of such county or city court, a copy of which order and of the evidence in support thereof shall be transmitted by the court making it to the comptroller.

2. If the property has been sold as perishable, pursuant to the provisions of section one hundred thirty-one, the balance of the proceeds, after deducting the salvage and expenses as adjusted, shall be paid by the county treasurer to the state comptroller as provided in section thirteen hundred seven of the abandoned property law.

ｧ 139. Publication of notice of wrecked property.

Every sheriff, into whose possession any wrecked property shall come, shall immediately thereafter publish a notice directed to all parties interested, for at least four weeks in succession, in one or more of the newspapers published in the county where the property shall have been saved. Every such notice shall contain a minute description of such wrecked property, and every bale, bag, box, cask, piece or parcel thereof, and of the marks, brands, letters and figures on each, and shall state where such wrecked property then is, and its actual condition, and the name, if known, of the vessel from which it was taken or case on shore, and of the master and supercargo of such vessel, and the place where such vessel then is, and its actual condition. The expense of publishing every notice required to be published relating to wrecks shall be charged on the property or proceeds to which it relates.

ｧ 139-a. Keeping wrecked goods a misdemeanor.

A person who takes away goods or other property not his own from a stranded vessel, or any goods or other property cast by the sea upon the land or found in a bay or creek, or who knowingly becomes possessed of any such goods or other property, and does not deliver the same, within forty-eight hours thereafter, to the sheriff or one of the coroners or wreck masters of the county where the same was found, is guilty of a misdemeanor.

ｧ 139-b. Defacing marks upon wrecked property.

A person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading or other document tending to show the ownership thereof, is guilty of a misdemeanor.

ｧ 139-c. Officer unlawfully detaining wrecked property.

An officer, whose duties pertain in any way to wrecked property, who, without authority of law, detains such property or proceeds thereof, after the salvage and expenses chargeable thereon have been paid or offered to him, or who is guilty of any fraud in the discharge of such duties, is guilty of a misdemeanor.

Article 11 - IMPROVEMENT AND PRESERVATION OF WATERWAYS

ｧ 140. Definitions.

As used in this article, the following terms shall mean and include:

ｧ 140-a. Offenses against the navigation law.

Any person having the charge, command or control of a vessel who:

ｧ 141. Harbors of refuge.

(a) The commissioner, on behalf of the state, is hereby authorized to enter into agreements with the federal government and with municipalities, and municipalities are hereby authorized to enter into agreements with the commissioner, concerning the construction, operation and maintenance of harbors of refuge.

(b) In any such agreement with the federal government the state may agree to pay, within amounts appropriated therefor as allocated by the director of the budget, a portion of the cost of construction of a harbor of refuge, except
(1) that no moneys shall be expended for the project unless the federal government has similarly appropriated and made available funds for the project, and
(2) no agreement shall be entered into hereunder with the federal government unless a municipality has agreed to reimburse the state in an amount determined pursuant to subdivision (c) of this section, or unless the harbor of refuge is constructed or improved in conjunction with a state park or state marine facility.

(c) (i) Any agreement with a municipality pursuant to this section shall include a provision requiring operation and maintenance of the project by the municipality, except when the federal government shall determine to operate and maintain the project.
(ii) In any such agreement with a municipality, the municipality shall agree to reimburse the state, upon completion of the project, in an amount equal to fifty per cent of the non-federal share of the cost of the project; provided, however, subject to the prior authorization and approval of the governor, the commissioner may, where there is a demonstrated financial hardship on the municipality and certified as such by the governing body of such municipality, enter into an agreement with the municipality providing for reimbursement of the state in an amount less than fifty per cent of the non-federal share of the cost of the project.
(iii) Whenever two or more municipalities agree to participate in a project, such municipalities, by agreement with the commissioner and each other, shall agree to an equitable share of the local share of the non-federal share of the cost of the project which each shall pay to the state upon completion of the project.
(iv) For the purpose of reimbursing the state for the local share of the non-federal share of the cost of a project each participating municipality is hereby authorized to determine that its share shall be a general charge against all taxable real property located therein, or shall be borne as a special assessment upon the real property benefited thereby, or partly as a general charge and partly as such a special assessment, and each such participating municipality shall have power to finance its share by the issuance of obligations pursuant to the local finance law. In the event a municipality shall fail to pay to the state the municipality's share of the cost of a project within six months of the certification to the municipality by the state comptroller of the amount of such share, the state comptroller shall cause to be withheld from state assistance to which the municipality would otherwise be entitled, a sum sufficient to reimburse the state for any amount remaining unpaid, together with interest on any such unpaid amount at the rate of three per cent per annum from the date of such certification. Such moneys so withheld shall be credited against the amount payable to the state by such municipality on account of such project.

(d) This section shall not apply to facilities incidental to a project which are not constructed by the federal government, whether or not such facilities may be required by the federal government as a prerequisite for federal participation; such facilities shall be governed by section one hundred forty-two or section one hundred forty-three of this article as the case may be.

ｧ 142. Local marine facilities.

(a) The commissioner is hereby authorized to enter into agreements with municipalities, and municipalities are hereby authorized to enter into agreements with the commissioner, concerning the construction, operation and maintenance of local marine facilities, including local marine facilities incidental to a harbor of refuge.

(b) Any such agreement shall include a provision for the construction of the facility, either by the municipality or by the state on behalf of the municipality, in accordance with plans approved by the commissioner, and any such agreement shall include a provision requiring operation and maintenance of the facility by the municipality.

(c) In any such agreement the state may agree, within amounts appropriated therefor as allocated by the director of the budget, to pay to the municipality an amount to be determined by the commissioner not to exceed the lesser of (1) seventy-five per cent of the cost of the facility, less any federal assistance received or to be received for the facility and (2) fifty per cent of the cost of the facility; except that when the facility is constructed by the state on behalf of the municipality, the municipality shall agree to reimburse the state in an amount to be determined by the commissioner not to be less than the cost of the facility less the sum of (1) any federal assistance received or to be received for the facility and (2) the lesser of (i) seventy-five per cent of the cost of the facility, less any federal assistance received or to be received for the facility and (ii) fifty per cent of the cost of the facility. Whenever two or more municipalities agree to participate in a project, such municipalities, by agreement with the commissioner and each other, shall agree to an equitable sharing of the local share of the cost of the project.

(d) In the event a municipality shall fail to pay to the state the municipality's share of the cost of a facility constructed by the state on behalf of the municipality within six months of the certification to the municipality by the state comptroller of the amount of such share, the state comptroller shall cause to be withheld from state assistance to which such municipality would otherwise be entitled, a sum sufficient to reimburse the state for any amount remaining unpaid, together with interest on any such unpaid amount at the rate of three per cent per annum from the date of such certification. Monies so withheld shall be credited against the amount of principal and interest payable by such municipality for its share of the cost of the facility.

ｧ 143. State marine facilities

. The commissioner is hereby authorized, within amounts appropriated therefor as allocated by the director of the budget, to construct, reconstruct, improve, operate and maintain state marine facilities, including state marine facilities incidental to a harbor of refuge.

ｧ 144. Rules and regulations.

The commissioner may adopt rules and regulations governing approval, financing, construction, maintenance and operation of projects.

Article 12 - OIL SPILL PREVENTION, CONTROL, AND COMPENSATION

Part 1 - General Provisions

ｧ 170. Legislative intent.

The legislature finds and declares that New York's lands and waters constitute a unique and delicately balanced resource; that the protection and preservation of these lands and waters promotes the health, safety and welfare of the people of this state; that the tourists and recreation industry dependent on clean waters and beaches is vital to the economy of this state; that the state is the trustee, for the benefit of its citizens, of all natural resources within its jurisdiction; and that the storage and transfer of petroleum between vessels, between facilities and vessels, and between facilities, whether onshore or offshore, is a hazardous undertaking and imposes risks of damage to persons and property within this state.
The legislature finds and declares that the discharge of petroleum within or outside the jurisdiction of this state constitutes a threat to the economy and environment of this state. The legislature intends by the passage of this article to exercise the powers of this state to control the transfer and storage of petroleum and to provide liability for damage sustained within this state as a result of the discharge of said petroleum by requiring prompt cleanup and removal of such pollution and petroleum, and to provide a fund for swift and adequate compensation to resort businesses and other persons damaged by such discharge.

ｧ 171. Purposes.

It is the purpose of this article to ensure a clean environment and healthy economy for the state by preventing the unregulated discharge of petroleum which may result in damage to lands, waters or natural resources of the state by authorizing the department of environmental conservation to respond quickly to such discharges and effect prompt cleanup and removal of such discharges, giving first priority to minimizing environmental damage, and by providing for liability for damage sustained within the state as a result of such discharges.

ｧ 172. Definitions.

Unless the context clearly indicates otherwise, the following terms shall have the following meanings:

Part 2 - Oil Spill Cleanup and Removal; Licenses

ｧ 173. Discharge of petroleum; prohibition.

1. The discharge of petroleum is prohibited.
2. On or after January first, nineteen hundred ninety-four, all new vessels sold in New York that are equipped with fuel tank air vents shall have such fuel tank air vents designed to prevent fuel overflow during refueling. The provisions of this subdivision shall not apply to those fuel systems in vessels which are required to meet the standards provided for in the Federal Boat Safety Act of 1971.
3. This section shall not apply to discharges of petroleum pursuant to and in compliance with the conditions of a federal or state permit.

ｧ 174. Licenses.

1. No person shall operate or cause to be operated a major facility as defined in this article without

2. Licenses shall be issued for a period not to exceed five years, subject to such terms and conditions as the department may determine are necessary to carry out the purposes of this article.

3. As a condition precedent to the issuance or renewel of a license the department shall require satisfactory evidence that the applicant has implemented or is in the process of implementing state and federal plans and regulations for control of discharges of petroleum, and the containment and removal thereof when a discharge occurs.

5. Every licensee required to pay a major petroleum license fee or surcharge pursuant to paragraph (a) or (b) of subdivision four of this section shall on or before the twentieth day of the month following the close of each license fee period certify to the commissioner on such forms as may be prescribed by the commissioner the number of barrels of petroleum transferred to the licensee's major facility during the license fee period and at the same time shall pay the full amount of the license fee and surcharge due except that no licensee shall be required to make such payment until the cumulative amount due equals or exceeds one hundred dollars. Any licensee whose cumulative license fee or surcharge does not equal or exceed one hundred dollars annually shall pay the total amount due on or before the twentieth day following the expiration date of the license issued pursuant to this section. Licensees who did not have to pay the license fee or surcharge shall certify annually to the commissioner on a form as may be prescribed by the commissioner on or before the twentieth day of April that the barrels of petroleum transferred to the licensee's major facility were not subject to the license fee or surcharge.

6. If a certificate required by this section is not filed, or if a certificate when filed is incorrect or insufficient in the opinion of the commissioner, the amount of license fee or surcharge due shall be determined by the commissioner from such information as may be available. Notice of such determination, and notice of licensee's right to appeal such determination, shall be given to the licensee liable for the payment of the license fee or surcharge. Such determination shall finally and irrevocably fix the fee or surcharge unless the person against whom it is assessed, within thirty days after receiving notice of such determination, shall apply to the commissioner for a hearing, or unless the commissioner on his own motion shall redetermine the same. After such hearing the commissioner shall give notice of his determination to the person to whom the license fee or surcharge is

7. Any licensee failing to file a certificate, failing to pay a license fee or surcharge, or filing or causing to be filed, a certificate which is willfully false, or failing to keep any records required by this article or rules and regulations adopted hereunder, shall, in addition to any other penalties herein or otherwise provided, be subject to a fine not to exceed two times the annual license fee or surcharge, as determined by the commissioner.

8. Within three months of the effective date of this article every owner or operator of a major facility shall obtain a license. The department shall issue a license upon the showing that such registrant can provide necessary equipment to prevent, contain and remove discharges of petroleum.

9. On or after June twenty-ninth, nineteen hundred seventy-eight, no person shall operate or cause to be operated any major facility without a major facility license issued by the commissioner. No license shall be valid for more than five years. Each applicant for a major facility license shall submit information, in a form satisfactory to the commissioner, describing the following:

10. No portion of fees or surcharges assessed and collected pursuant to this section shall be used for any purpose if such use, under federal law, would preclude the collection of such fee or surcharge.

11. Each owner or operator of a major facility or vessel subject to the provisions of this article shall designate a person in the state as his legal agent for service of process under this section and such designation shall be filed with the secretary of state. In the absence of such designation the secretary of state shall be the designated agent for purposes of service of process under this section.

ｧ 174-a. Use of containment booms.

1. The commissioner, after consultation with appropriate federal, state and local governments and agencies, may promulgate regulations requiring the use of containment booms or prestaging of response equipment around or at major facilities and vessels involved in the transfer of petroleum. The commissioner may consult with interested groups and trade associations in developing such regulations. In adopting such regulations, the commissioner shall consider factors, including but not limited to applicable federal laws and regulations, weather conditions, tides, health and safety of workers and product being transferred.

2. Whenever petroleum is transferred after sunset and before sunrise, lighting adequate to detect any petroleum discharge shall be in operation.

3. The deployment of containment booms pursuant to this part shall be the responsibility of the owner, lessee or operator of the vessels involved in a vessel-to-vessel petroleum transfer. The deployment of containment booms pursuant to this part shall be the responsibility of the owner, lessee or operator of the major facility involved in a petroleum transfer between a vessel and a major facility.

4. (a) Any local law or ordinance which is inconsistent with any provision of this part or any rule or regulation promulgated hereunder shall be preempted, except that any local law or ordinance of any county, or of any city of a population of one million or more, which is inconsistent with the provisions of this part or any rules or regulations promulgated hereunder shall not be preempted if such local law or ordinance provides environmental protection equal to or greater than the provisions of this part of any rules or regulations promulgated hereunder, and such county or city files with the department a written declaration of its intent to administer and enforce such local law or ordinance which is approved by the commissioner in written findings which set forth the terms of such approval.
(b) Any owner, lessee or operator violating any provisions of this section or any rule promulgated thereunder shall:

(c) All penalties and fines imposed under this section shall be credited to the New York environmental protection and spill compensation fund pursuant to paragraph (a) of subdivision two of section one hundred seventy-nine of this chapter.

ｧ 174-b. Use of agents.

1. The commissioner may promulgate regulations governing the use of dispersants, burning agents, biological additives, surface collecting agents or other chemical additives in the cleanup and removal of a petroleum discharge.

2. The commissioner shall pursue an official memorandum of understanding with the United States Coast Guard regarding the planned uses of dispersants, burning agents, sinking agents, biological additives, surface collecting agents or other chemical additives in the event of a petroleum discharge. Such memorandum of understanding should be reflective of any rules or regulations promulgated pursuant to this section.

3. No person shall supervise, aid or participate in any use of dispersants, burning agents, sinking agents, biological additives, surface collecting agents or other chemical additives which is inconsistent with any rule or regulation promulgated pursuant to this section.

ｧ 175. Notification by persons responsible for discharge.

Any person responsible for causing a discharge shall immediately notify the department pursuant to rules and regulations established by the department, but in no case later than two hours after the discharge. Failure to so notify shall make persons liable to the penalty provisions of section 192 of this article. Notwithstanding the provisions of any other law, such notification to the department shall be deemed to fulfill the notification requirements of any other state or local law.

ｧ 176. Removal of prohibited discharges.

1. Any person discharging petroleum in the manner prohibited by section one hundred seventy-three of this article shall immediately undertake to contain such discharge. Notwithstanding the above requirement, the department may undertake the removal of such discharge and may retain agents and contractors who shall operate under the direction of such department for such purposes. The commissioner shall develop a system of immediate response type contracts with appropriate agents and contractors. Such contracts shall be subject to the approval of the state comptroller in accordance with section one hundred twelve of the state finance law, however, such approval shall not obligate to any particular contract any specific amount of monies from the fund but shall obligate from the fund on an individual basis as such contracts are utilized the actual amount required to effectuate any contract or any portion thereof. Any necessary approvals of availability of funds for a particular project in accordance with any provision of the state finance law shall be undertaken as soon as practical after clean up and removal procedures are undertaken, or such procedures are ordered by the commissioner.

2. (a) Upon the occurrence of a discharge of petroleum, the department shall respond promptly and proceed to cleanup and remove the discharge in accordance with environmental priorities or may, at its discretion, direct the discharger to promptly cleanup and remove the discharge. The department shall be responsible for cleanup and removal or as the case may be, for retaining agents and contractors who shall operate under the direction of that department for such purposes. Implementation of cleanup and removal procedures after each discharge shall be conducted in accordance with environmental priorities and procedures established by the department.
(b) Section eight of the court of claims act or any other provision of law to the contrary notwithstanding, the state shall be immune from liability and action with respect to any act or omission done in the discharge of the department's responsibility pursuant to this article; provided, however, that this subdivision shall not limit any liability which may otherwise exist for unlawful, willful or malicious acts or omissions on the part of the state, state agencies, or their officers, employees or agents or for a discharge in violation of section one hundred seventy-three of this article.

3. Any unexplained discharge of petroleum within state jurisdiction or discharge of petroleum occurring in waters beyond state jurisdiction that for any reason penetrates within state jurisdiction shall be removed by or under the direction of the department. Except for those expenses incurred by the party causing such discharge, any expenses incurred in the removal of discharges shall be paid promptly from the New York environmental protection and spill compensation fund pursuant to section one hundred and eighty-six of this article and any reimbursements due such fund shall be collected in accordance with the provisions of section one hundred and eighty-seven of this article.

4. Cleanup and removal of petroleum and actions to minimize damage from discharges shall be, to the greatest extent possible, in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311 (d) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the Federal Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), or revised under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605).

5. The department in consultation with the attorney general shall develop a standard contract form to be used when contracting services for the cleanup and removal of a discharge.

6. Whenever the department acts to remove a discharge or contracts to secure prospective removal services, it is authorized to draw upon the money available in the fund. Such moneys shall be used to pay promptly for all cleanup and removal costs incurred by the department.

8. Notwithstanding any other provision of law to the contrary, including but not limited to section 15-108 of the general obligations law, every person providing cleanup, removal of discharge of petroleum or relocation of persons pursuant to this section shall be entitled to contribution from any other responsible party.

ｧ 177. Emergency oil spill control network.

1. The commissioner shall establish an emergency oil spill control network which shall be comprised of available equipment from appropriate town, county and state highway departments. Such network shall be employed to provide an immediate response to a discharge on any of the waters of the state. Furthermore, such network shall be employed in conjunction with the cleanup operations of the owner or operator, the department and any federal agency.

2. The commissioner shall make an inventory of all equipment in town, county, and state highway departments that would be capable of participating in discharge cleanup operations.

3. The commissioner shall have the power to deploy such equipment to participate in a discharge cleanup operation at his discretion and to reimburse such town, county, and state highway departments for use of such equipment from the fund.

4. The commissioner may request and shall receive from any other state agency such assistance and data as will enable him to carry out his responsibilities pursuant to this section.

6. The commissioner may institute a program to educate local officials on procedures to follow in reporting and responding to spill emergencies.

ｧ 177-a. Emergency oil spill relocation network.

1. The commissioner shall establish an emergency oil spill relocation network which shall be headed by the commissioner of health and comprised of the appropriate services from county and state health departments.

2. Such network shall be employed to provide an immediate response to a discharge in any area of the state where the public health may be at risk. Further, such network shall be employed in conjunction with the cleanup operations of the owner or operator, the department or any federal agency.

3. The commissioner of health shall be first notified whenever an application is made for emergency oil spill relocation.

4. The commissioner of health shall have the power to deploy such resources at his discretion to the state and local health departments to make an assessment of the possible health risks to persons residing in the area of the spill site.

5. The commissioner of health shall determine the actual and necessary costs of the relocation of individuals who, in his opinion, are exposed to health risks as a result of the discharge and certify the amount of such costs to the administrator. The certification by the commissioner of health shall be for a period of relocation not exceeding thirty days, provided that the commissioner upon a further assessment of the possible health risks in the area of the spill site may extend such relocation for successive thirty day periods. The certification by the commissioner of health shall not be admissible in any civil action in a court of law in regard to the issue of damages to the individuals certified for relocation pursuant to this section.

6. Notwithstanding any provision of law to the contrary the certification of individuals for relocation and its associated costs shall be an issue restricted to consideration as cleanup cost and shall not be a determination of liability, nor shall it be admissible in any civil action in a court of law in regard to the issue of damages to the individuals certified for relocation pursuant to this section.

7. The commissioner of health may request and shall receive from the department and any other state agency such assistance and data as will enable him to carry out his responsibilities pursuant to this section.

ｧ 177-b. Habitat protection plan.

The commissioner may require every major facility which engages in the transfer of petroleum to file with the department a habitat protection plan as a condition of issuance of a license pursuant to section one hundred seventy-four of this article. Such plan shall provide protection from the potential adverse impact of any discharge on the habitat of threatened or endangered species and the mitigation of potential damage to wetlands in reasonable proximity to the facility. Such plan shall contain provisions for the rehabilitation of animals damaged by the discharge of petroleum.

ｧ 178. Right to enter and inspect.

The department is hereby authorized to enter and inspect any property or premises for the purpose of inspecting facilities and investigating either actual or suspected sources of discharges or violation of this article or any rule or regulation promulgated pursuant to this article. The department is further authorized to enter on property or premises in order to assist in the cleanup or removal of the discharge. Any information relating to secret processes or methods of manufacture shall be kept confidential.

ｧ 178-a. Responder immunity.

1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

2. Notwithstanding any other provision of law,

3. However, the provisions of subdivision two of this section shall not apply to:
(i) a responsible party,
(ii) liability for personal injury or wrongful death,
(iii) cleanup and removal costs and damages resulting from such person's gross negligence or willful misconduct,
(iv) negligence in the operation of a motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law, and
(v) any physical actions taken that are not in or near the area of cleanup and removal of a discharge or threatened discharge.

4. The provisions of subdivision two of this section shall not apply to any response efforts undertaken by a person later than one hundred twenty days after a discharge has been stopped. Thereafter, such person shall not be strictly liable without regard to fault, but the liability of such person for personal injury or property damage shall be limited to acts or omissions of the person during the course of such response efforts which are shown to be the result of negligence, gross negligence, or reckless, wanton or intentional misconduct. Notwithstanding any other provision of law, when
(i) a verdict or decision on a claim for injury to persons or property caused by response efforts, occurring after such one hundred twenty day period has ended, is determined in favor of the claimant in an action involving such person's response efforts and any other person or persons jointly liable, and
(ii) the liability of the person related to such response efforts is found to be fifty percent or less of the total liability assigned to all persons liable, and
(iii) the liability of the person related to such response efforts is not based on a finding of reckless disregard for the safety of others or of intentional misconduct, then the liability of such person to the claimant for injury to property and for non-economic loss relating to injury to a person shall not exceed the equitable share of such person as determined in accordance with the relative culpability of each person causing or contributing to the total liability. Provided, however, the culpable conduct of any person not a party to such action shall not be considered in determining any equitable share if the claimant was unable, with due diligence, to obtain jurisdiction over such person in said action. As used in this section, "non-economic loss" includes but is not limited to pain and suffering, mental anguish, loss of consortium or other damages for non-economic loss. However, nothing herein shall alter, modify, or abrogate the liability of any person for breach of warranty or to an employee of such person pursuant to the workers' compensation law, or to relieve from liability any person who is responsible for a discharge in violation of section one hundred seventy-four of this article.

5. In addition to any other liability, a responsible party shall be liable for any cleanup and removal costs and damages that another person is relieved of under subdivision two or four or both of this section.

6. Nothing in this section affects
(i) the obligation of a discharger to respond immediately and to cleanup and remove a discharge; or
(ii) the liability of a discharger under other provisions of this article or the environmental conservation law.

Part 3 - New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation

ｧ 179. New York environmental protection and spill compensation fund.

1. The New York environmental protection and spill compensation fund is hereby established as a nonlapsing, revolving fund in the department of audit and control to carry out the purposes of this article.

2. Two separate accounts are hereby established within the fund established by subdivision one of this section:

ｧ 180. Administrator of the fund.

The state comptroller shall appoint and supervise an administrator of the fund. The administrator shall be the chief executive of the fund and shall have the following powers and duties:

ｧ 181. Liability.

1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and damages, any such person who is notified of such release and who did not undertake relocation of persons residing in the area of the discharge in accordance with paragraph (c) of subdivision seven of section one hundred seventy-six of this article, shall be liable to the fund for an amount equal to two times the actual and necessary expense incurred by the fund for such relocation pursuant to section one hundred seventy-seven-a of this article.

2. The fund shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, including, but not limited to:

4. An act or omission caused solely by war, sabotage, or governmental negligence shall be the only defenses which may be raised by any owner or operator of a major facility or vessel responsible for a discharge in any action arising under the provisions of this article.

5. Any claim by any injured person for the costs of cleanup and removal and direct and indirect damages based on the strict liability imposed by this section may be brought directly against the person who has discharged the petroleum, provided, however, that damages recover- able by any injured person in such a direct claim based on the strict liability imposed by this section shall be limited to the damages authorized by this section.

6. Notwithstanding any other provision of this section, a volunteer firefighter, volunteer fire company, volunteer fire district, volunteer fire protection district, or volunteer fire department shall not be strictly liable for discharged petroleum when such discharge results from such volunteer firefighter, volunteer fire company, volunteer fire district, volunteer fire protection district, or volunteer fire department performing his, her, or their firefighting duties and there is not a showing of willful or gross negligence. This subdivision shall not be construed to provide an exemption from liability for a discharge of petroleum on or from real or personal property owned, leased, or operated by any such volunteer fire company, volunteer fire district, volunteer fire protection district, or volunteer fire department.

ｧ 181-a. Environmental lien

. 1. The fund shall have a lien for the costs incurred by the fund for the cleanup and removal of a discharge and for the payment of claims for direct and indirect damages as a result of a discharge upon such real property located within the state:

2. An environmental lien shall attach when:

3. An environmental lien shall continue against the real property until:

4. An environmental lien is subject to the rights of any other person, including an owner, purchaser, holder of a mortgage or security interest, or judgment lien creditor, whose interest is perfected before a lien notice has been filed as provided in section one hundred eighty-one-c of this part.

ｧ 181-b. Environmental lien notice; contents.

A notice of environmental lien must state:

ｧ 181-c. Filing of notice of environmental lien; filing of release.

1. A notice of environmental lien shall be filed within six years from the time a disbursement is made by the fund for cleanup and removal costs and damage costs incurred by the fund in the clerk's office of the county where the property is situated. If such property is situated in two or more counties, the notice of environmental lien shall be filed in the office of the clerk of each of such counties. The notice of lien shall be indexed by the county clerk in accordance with the provisions of section ten of the lien law.
2. A release of an environmental lien shall be filed in the clerk's office of each county where the notice of environmental lien was filed and shall be indexed in the manner prescribed for indexing environmental liens.

ｧ 181-d. Enforcement of environmental lien.

An environmental lien may be enforced against the property specified in the notice of environmental lien, and an environmental lien may be vacated or discharged, as prescribed in article three of the lien law; provided, however, that nothing in this article or in article three of the lien law shall affect the right of the fund to bring an action to recover cleanup and removal costs and damage costs under section one hundred eighty-one, one hundred eighty-seven, one hundred eighty-eight or one hundred ninety of this part.

ｧ 181-e. Amounts received to satisfy lien.

Amounts received by the administrator to satisfy all or part of an environmental lien shall be deposited in the state treasury and credited to the environmental protection and spill compensation fund.

ｧ 182. Claims against the fund.

Claims shall be filed with the administrator not later than three years after the date of discovery of damage nor later than ten years after the date of the incident which caused the damage. The administrator shall prescribe appropriate forms and procedures for such claims, which shall include a provision requiring the claimant to make a sworn verification of the claim to the best of his knowledge. Any person who knowingly gives or causes to be given any false information as a part of any such claim shall, in addition to any other penalties herein or elsewhere prescribed, be guilty of a misdemeanor punishable by a fine of up to one thousand dollars or up to one year imprisonment. Upon receipt of any claim, the administrator shall as soon as practicable inform all affected parties of the claim.

ｧ 183. Settlements.

The administrator shall attempt to promote and arrange a settlement between the claimant and the person responsible for the discharge. If the source of the discharge can be determined and liability is conceded, the claimant and the alleged discharger may agree to a settlement which shall be final and binding upon the parties and which will waive all recourse against the fund.

ｧ 184. Settlements when source of discharge is unknown.

If the source of the discharge is unknown or cannot be determined, the claimant and the administrator shall attempt to arrange a settlement of any claim against the fund. The administrator is authorized to enter and certify payment of such settlement subject to such proof and procedures contained in regulations promulgated by the administrator.

ｧ 185. Hearings for persons on claims filed with the administrator.

1. The administrator shall grant a hearing when persons alleged to be responsible for the discharge contest the validity or amount of damage claims or claims for cleanup and removal costs presented by injured persons to the fund for payment or when injured persons who have filed a claim against the fund contest the validity or amount of the settlement proposed by the administrator.
2. One hearing may be granted to hear and determine all claims arising from or related to a common discharge.
3. The burden of proof with respect to the validity or amount of damage claims or claims for cleanup and removal costs shall be upon the persons contesting such claims or the claimants contesting the settlement proposed by the administrator.
4. At least twenty days notice of such hearing shall be given by the administrator to the claimants and, if known, the alleged dischargers.
5. Upon the return day of such notice the person so notified shall file with the administrator a statement setting forth the position of the person so notified. Pertinent and relevant testimony of witnesses shall be received in support of or opposition to said statement. The claimants or alleged dischargers may appear in person or by attorney, present witnesses, submit evidence and be given full opportunity to be heard.
6. The administrator shall have the power to order testimony under oath and may subpoena attendance and testimony of witnesses and the production of such documentary materials pertinent to the issues presented at the hearing. Each person appearing at the hearing may be represented by counsel.
7. Within sixty calendar days from the close of such hearing and after due consideration of the written and oral statements and testimony and arguments filed pursuant to this section, or on default in appearance on said return day, the administrator shall make his final determination on the validity or amount of the damage claims or claims for cleanup and removal costs filed by the injured persons. The administrator shall notify the claimant and, if known, the alleged discharger thereof in writing by registered mail.
8. Determinations made by the administrator after such hearing shall be final and conclusive. Any action for judicial review shall be filed pursuant to the provisions of article seventy-eight of the civil practice law and rules.
9. Upon a determination by the administrator that provides for an award to the claimants, the administrator shall certify the amount of the award and the name of the claimant to the state comptroller, who shall pay the award from the fund. In any case in which a person responsible for the discharge seeks judicial review, reasonable attorney's fees and costs shall be awarded to the claimant if the determination of the administrator is affirmed.

ｧ 186. Disbursement of moneys from the fund.

1. (a) Moneys in the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part shall be disbursed by the administrator, upon certification by the commissioner, for the purpose of costs incurred under section one hundred seventy-six of this article.
(b) Moneys in the account established by paragraph (b) of subdivision two of section one hundred seventy-nine of this part shall, within forty-five days of the close of each license fee period, be deposited by the administrator, in the hazardous waste remedial fund created pursuant to section ninety-seven-b of the state finance law for expenditure pursuant to such section; provided, however, that the state comptroller shall cause the administrator to reimburse the commissioner for the reasonable costs of collecting the surcharge during those times when the license fee is not imposed.

2. Moneys in the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part shall be disbursed by the administrator, upon certification by him, for the following purposes:
(a) Damages as defined in section one hundred eighty-one of this article;
(b) Such sums as may be necessary for research on the prevention and the effects of spills of petroleum on the environment and on the development of improved cleanup and removal operations as may be appropriated by the legislature; provided, however, that such sums shall not exceed the amount of interest which is credited to the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part;
(c) Such sums as may be necessary for the general administration of the fund, equipment and personnel costs of the department of environmental conservation and any other state agency related to the enforcement of this article as may be appropriated by the legislature;
(d) Such sums as may be appropriated by the legislature for research and demonstration programs concerning the causes and abatement of ocean pollution; provided, however, that such sums shall not exceed the amount of interest which is credited to the account established by paragraph (a) of subdivision two of section one hundred seventy-nine of this part.
* (e) Such sums as may be necessary for the general administration, equipment and personnel costs of the department of environmental conservation related to the administration and enforcement of the petroleum bulk storage program established pursuant to title ten of article seventeen of the environmental conservation law.
* NB Repealed April 1, 2004

3. Moneys shall be disbursed from the fund only for the purposes set forth in subdivisions one and two of this section.

4. The state comptroller may invest and reinvest any moneys in said fund in obligations in which the comptroller is authorized to invest pursuant to the provisions of section ninety-eight-a of the state finance law. Any income or interest derived from such investment shall be included in the fund.

ｧ 187. Reimbursements of moneys to fund.

The administrator shall recover to the fund moneys disbursed for the following purposes:

1. Costs incurred by the fund in the cleanup and removal of a discharge when the person responsible for causing a discharge has failed to promptly clean up and remove the discharge to the satisfaction of the department;
2. Costs incurred by the fund in the payment of claims for direct and indirect damages, as defined in section one hundred eighty-one of this article; and
3. All penalties assessed pursuant to this article.

ｧ 188. Subrogation of rights.

Payment of any cleanup costs or damages by the fund arising from a single incident shall be conditioned upon the administrator acquiring by subrogation all rights of the claimant to recovery of such costs or damages from the discharger or other responsible party. The administrator shall then seek satisfaction from the discharger or other responsible party in the supreme court if the discharger or other responsible party does not reimburse the fund. In any such suit, except as provided by section one hundred eighty-one of this article, the administrator need prove only that an unlawful discharge occurred which was the responsibility of the discharger or other responsible party. The administrator is hereby authorized and empowered to compromise and settle the amount sought for cost and damages from the discharger or other responsible party and any penalty arising under this article.

ｧ 189. Awards exceeding current balance.

In the event that the total awards for a specific occurrence exceed the current balance of the fund, the immediate award shall be paid on a prorated basis, and all claimants paid on a prorated basis shall be paid as determined by the administrator, a pro rata share of all moneys received by the fund until the total amount of the proven damages is paid to the claimant or claimants. The administrator may also provide through regulation to fix the priority for the payment of claims based on extreme hardship.

ｧ 190. Claims against insurers.

Any claims for costs of cleanup and removal, civil penalties or damages by the state and any claim for damages by any injured person, may be brought directly against the bond, the insurer, or any other person providing evidence of financial responsibility.

ｧ 190-a. Application of article.

For purposes of cleanup and removal of any public or private ground water supply system contaminated by a discharge occurring either before or after the effective date of article twelve of this chapter, all relevant provisions of article twelve of this chapter shall apply.

Part 4 - Miscellaneous

ｧ 191. Joint rules and regulations.

The commissioner and the state comptroller are authorized to adopt, amend, repeal, and enforce such rules and regulations pursuant to the state administrative procedure act, as they may deem necessary to accomplish the purposes of this article.

ｧ 192. Enforcement of article; penalties.

Any person who knowingly gives or causes to be given any false information as a part of, or in response to, any claim made pursuant to this article for cleanup and removal costs, direct or indirect damages resulting from a discharge, or who otherwise violates any of the provisions of this article or any rule promulgated thereunder or who fails to comply with any duty created by this article shall be liable to a penalty of not more than twenty-five thousand dollars for each offense in a court of competent jurisdiction. If the violation is of a continuing nature each day during which it continues shall constitute an additional, separate and distinct offense.

ｧ 193. Availability of additional remedies.

Nothing in this article shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies provided in this article are in addition to those provided by existing statutory or common law, but no person who receives compensation for damages or cleanup and removal costs pursuant to any other state or federal law shall be permitted to receive compensation for the same damages or cleanup and removal costs under this article.

ｧ 194. Severability.

If any section, subdivision, provision, clause or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.

ｧ 195. Construction.

This article, being necessary for the general health, safety, and welfare of the people of this state, shall be liberally construed to effect its purposes.

ｧ 196. Reports.

The commissioner and the administrator shall make an annual report to the legislature and the governor which shall describe the quality and quantity of spills of petroleum, the costs and damages paid by and recovered for the fund, and the economic and environmental impact on the state as a result of the administration of this article.

ｧ 197. Effect of federal legislation.

If the United States congress enacts legislation providing compensation in the event of a discharge of petroleum, the commissioner shall determine to what degree that legislation provides the needed protection for our citizens, businesses and environment and shall make the appropriate recommendations to the legislature for amendments to this article.

Article 13 - MISCELLANEOUS PROVISIONS; SAVING CLAUSE; LAWS REPEALED; WHEN TO TAKE EFFECT

ｧ 200. Collection of penalties.

1. An action to recover any penalty imposed under the provisions of this chapter, except penalties imposed under article six, may be brought in any court of competent jurisdiction in this state on order of the commissioner and in the name of the people of the state of New York. In any such action all penalties incurred up to the time of commencing the action may be sued for and recovered therein and the commencement of an action to recover any such penalty shall not be, or be held to be, a waiver of the right to recover any other penalty. In case of recovery of any amount in an action brought to recover any such penalty the people shall be entitled to recover full costs, of course, and at the rates provided for civil actions.

2. Judgments recovered may be enforced by contempt. A person taken into custody shall be confined for not less than one day, and at the rate of one day for each dollar of the amount of the judgment recovered. No person shall be imprisoned more than once, or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judgment.

3. No person shall be excused from testifying or producing any books, papers or other documents in any civil action to recover any such penalty, upon the ground that his testimony might tend to convict him of a crime, or to subject him to a penalty or forfeiture. But no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have testified or produced documentary evidence and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving, unto any corporation, immunity of any kind.

4. A person who has violated any of such provisions and who desires to compromise and settle his civil liability therefor may appear with the inspector before a court or justice having jurisdiction in civil actions, and thereupon such person may upon consent of the inspector, compromise and settle his liability for such civil penalties for an amount agreed upon between said court or justice, the inspector and the person who committed such violation, which amount shall be not less than ten dollars nor more than the amount for which such person would be liable in a civil action for penalties. If such compromise be made, such person shall forthwith subscribe his name to a statement setting forth concisely the facts constituting such violation, the amount agreed upon, and that a judgment may be entered against him for that sum. Upon said statement being sworn to before and filed with said court or justice, he shall forthwith enter in his civil docket a record of the proceedings and the amount of the judgment. Said court or justice shall upon the entry of said judgment be entitled to a fee of two dollars and fifty cents to be paid by the person who committed such violation. A judgment entered into pursuant to this subdivision may be enforced by an execution against the property of the defendant; but no body execution shall be issued thereon.

5. The court or justice before whom any person shall be tried or before whom a compromise of the civil penalties shall have been made, or the clerk of the court, if there be a clerk, shall at the termination of such trial or proceeding, forthwith mail or deliver to the department at Albany, a certified statement of the disposition of the case or proceeding, giving the date thereof, the name of the defendant, the date and place of the violation, the name of each witness sworn in support of the charges and the costs of the court or fees of the justice, the fees of the constable or other peace officer, police officer or traveling navigation inspector, if any, together with the amount of the penalty paid.

6. The provisions of this section shall in no way prohibit the prosecution of violations of this chapter in any court of competent jurisdiction in the same manner as other offenses and crimes.

ｧ 201. Disposition of fees and penalties.

1. On the first day of each month or within ten days thereafter, all fines and penalties collected for violations of this chapter, except for violations of article six, under judgment of any town or village court or justice or pursuant to compromise, shall be paid over by such court or justice to the comptroller of the state, with a statement accompanying the same, setting forth the action or proceeding in which such moneys were collected, the name and residence of the defendant, the nature of the offense, and the fine or penalty imposed.

2. All fines and penalties, except for violations of article six of this chapter, collected for violations of this chapter by courts operating pursuant to section thirty-nine of the judiciary law shall be paid to the state commissioner of taxation and finance on a monthly basis no later than ten days after the last day of each month.

3. All fines and penalties imposed for violations of article four of this chapter under judgment of any town or village court or justice or pursuant to compromise which are paid over by such court or justice to the comptroller shall be deposited by the comptroller into the "I love NY waterways" boating safety fund established pursuant to section ninety-seven-nn of the state finance law.

ｧ 202. Application and saving clause.

Any work or proceeding initiated under any existing law which is repealed through the enactment of this chapter shall be continued legally to its termination and conclusion subject to the provisions of and in accordance with the procedure prescribed by such law. It is the intent that upon the enactment of this chapter into law all proceedings undertaken thereafter relative to the navigable waters of the state, as defined in this chapter, shall be administered under the authority of and by the provisions contained in this chapter. Upon all waters where the United States authorities have established active control of navigation, any part of this chapter which is contrary to or in conflict with the United States navigation law, or with regulations issued pursuant thereto, shall be considered inoperative and the pertinent part of the United States law or regulation shall apply. It is the intent upon enactment of this chapter that no provision hereof shall affect or impair in any manner whatsoever any provision of chapter two hundred eighty-five of the laws of nineteen hundred forty. If any clause, sentence, paragraph or part of this chapter shall, for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Nothing contained in this chapter shall be construed to abridge the terms of office of the board of commissioners of pilots in the city of New York; nor to limit or restrict the powers of such board under article six, nor to confer a power or impose a duty upon the commissioner relating thereto.

ｧ 203. Laws repealed.

Chapter forty-two of the laws of nineteen hundred nine, entitled "An act relating to navigation, constituting chapter thirty-seven of the consolidated laws," and chapter two hundred and ninety-two of the laws of nineteen hundred forty, entitled "An act relating to navigation on and use of the waters of Lake Placid" and all acts and parts of acts amendatory of or supplemental to any of such chapters or sections and all acts or parts of acts inconsistent with the provisions of this chapter are hereby repealed. The repeal of chapter forty-two of the laws of nineteen hundred nine as amended, and chapter two hundred and ninety-two of the laws of nineteen hundred forty shall not operate or be construed to terminate any license heretofore issued thereunder or affect the rights of any person holding such a license; nor shall such repeal affect any action or proceeding now pending in any court, or any act done or right accruing, accrued or acquired, or penalty, forfeiture or punishment inflicted pursuant to such chapters, or either of them, prior to the date this act takes effect; but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if this act had not been passed, or such chapters had not been repealed.

ｧ 204. When to take effect.

This act shall take effect July first, nineteen hundred forty-one, except section seventy-one thereof, which section shall take effect January first, nineteen hundred forty-two.