SECTIONS 1125-1126 - California Statutes

HARBORS AND NAVIGATION CODE

SECTION 1125-1126

1125. (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.

1126. (a) Every person who does not hold a license as a pilot or as
an inland 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) Any 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 when 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 where a state licensed pilot refuses to
join a vessel because of suspected safety violations concerning that
vessel's pilot hoists or pilot ladders.