Article 5. Exclusive Rights Of Pilotage of California Harbors And Navigation Code >> Division 5. >> Chapter 1. >> Article 5.
(a) Pilots licensed by the board have exclusive authority, to
the extent not provided otherwise by federal law, to pilot vessels
from the high seas to Monterey Bay and the Bays of San Francisco, San
Pablo, and Suisun and the ports thereof, and from those bays and
ports to the high seas. They shall also have exclusive authority to
pilot vessels within and along the waters of those bays, except as
otherwise set forth in this division.
(b) Nothing in this division shall interfere with pilotage
regulations of Monterey Bay and of the Ports of Sacramento and
Stockton, nor prevent the regulatory authority of those ports from
utilizing the pilots licensed pursuant to this division.
(a) A person who does not hold a license as a pilot issued
pursuant to this division, and who pilots any vessel into or out of
any harbor or port of Monterey Bay and the Bay of San Francisco, San
Pablo, or Suisun, or who acts as a pilot for ship movements or
special operations upon the waters of any of those bays, is guilty of
a misdemeanor. In addition to the fines or other penalties provided
by law, the court may order that person to pay to the pilot who is
entitled to pilot the vessel the amount of pilotage fees collected.
No fees shall be paid for pilotage if a state-licensed pilot refuses
to join the vessel under paragraph (5) of subdivision (c).
(b) A person may also be enjoined from engaging in the pilotage
prescribed by subdivision (a) by a court of competent jurisdiction.
(c) This section does not apply to any of the following persons:
(1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
(2) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
(3) Persons piloting vessels sailing under an enrollment, as
specified in Section 1127.
(4) Persons piloting vessels pursuant to Section 1179.
(5) Persons piloting vessels if a state-licensed pilot refuses to
join the vessel. However, a vessel may not hire a pilot not licensed
by the state until a representative of the vessel notifies the port
agent or his or her designee that the vessel will hire a pilot not
licensed by the state unless a state-licensed pilot offers to join
the vessel immediately. The port agent or his or her designee shall
notify the executive director of the board or his or her designee
that this paragraph applies.
(d) The exemption set forth in paragraph (5) of subdivision (c)
does not apply in instances in which a state licensed pilot refuses
to join a vessel because of suspected safety violations concerning
that vessel's pilot hoists or pilot ladders.