NYCL AGO 95-F2.

Case DateMay 04, 1995
CourtNew York
New York Attorney General Opinions 1995. AGO 95-F2. May 4, 1995Formal Opinion No. 95-F2Hon. Robert H. Pouch Secretary Board of Commissioners of Pilots of the State of New York 17 Battery Place New York, NY 10004-1207NAVIGATION LAW §§ 90, 91, 91-a, 91-b, 92; 21 NYCRR 50.5, 52.3(a), 52.5, 52.10; 46 USC §§ 8501, 8502, 9302.The Board may suspend or revoke the license of a Hudson River pilot for piloting actions he took while he was not acting under the auspices of his Hudson River pilot license.Dear Secretary Pouch: You have asked whether the Board of Commissioners of Pilots has the authority to proceed against the license of a State-licensed Hudson River pilot for actions taken while he was acting as a docking master and, therefore, not acting under the auspices of his State license. You have advised that, upon the complaint of a State-licensed pilot, the Board investigated an incident involving a ship leaving its terminal in the Arthur Kill and heading to sea through the Port of New York/New Jersey. The Board concluded that the docking master directed the ship to leave the terminal, over the objection of the pilot, in circumstances where a "prudent pilot would not commence an outbound passage".(fn1) You ask whether the Board may consider this finding as a basis for suspending or revoking the pilot's Hudson River license. While the Board does not license or regulate docking masters, it does license and regulate Hudson River Pilots. Similarly, the Federal government does not separately license docking masters, who supervise intraport movements, often with a tug in attendance. Many docking masters do have a Federal pilot's license. The Federal government regulates pilotage of vessels on the Great Lakes and American flag vessels sailing between American ports. 46 USC §§ 8502, 9302. The states have authority over the pilotage of American vessels sailing under register, that is, engaged in foreign trade and all foreign flag vessels. See, 46 USC § 8501. New York has exercised this authority through enactment of its Navigation Law. The Navigation Law authorizes the Board to license pilots for Long Island Sound and Block Island Sound (§ 91-6); the port of New York by way of Sandy Hook, Sands Point or Execution Rocks (§ 90); and a specified portion of the Hudson River (§ 91-a). The Navigation Law establishes licensing standards. It...

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