# Business Occupations and Professions (GBO)

## Title 11. Pilots

### Subtitle 1. Definitions

#### Section 11-101

(a) In this title the following words have the meanings indicated.

(b) "Association" means the Association of Maryland Pilots.

(c) "Board" means the State Board of Pilots.

(d)

  (1) "License" means, unless the context requires otherwise, a license issued by the Board to provide pilotage.

  (2) "License" includes, unless the context requires otherwise, a limited license.

(e)

  (1) "Licensed pilot" means a pilot who is licensed by the Board to provide pilotage.

  (2) "Licensed pilot" includes the holder of a limited license.

(f)

  (1) "Limited license" means a license issued by the Board to provide pilotage as limited by Sec. 11-407 of this title.

  (2) "Limited license" includes a 40-foot-draft limited license, a 36-foot-draft limited license, and a 32-foot-draft  limited license.

(g) "Pilot" means an individual who provides pilotage.

(h) "Pilot-in-training" means an individual who is engaged in training, under the supervision of a licensed pilot, to provide pilotage.

(i)

  (1) "Provide pilotage" means to pilot a vessel under the provisions of this title when the vessel is underway on the navigable waters of the State, including when the vessel is towing or being towed by another vessel.

  (2) "Provide pilotage" includes:

    (i) maneuvering a vessel during berthing or unberthing operations; and

    (ii) shifting a vessel within a port with tug assistance.

### Subtitle 2. State Board of Pilots

#### Section 11-201

There is a State Board of Pilots in the Department.

#### Section 11-202

(a)

  (1) The Board consists of 9 members.

  (2) Of the 9 members of the Board:

    (i) 1 shall be the Secretary, as an ex officio member, or a designee of the Secretary;

    (ii) 1 shall be the President of the Association;

    (iii) 3 shall be retired or licensed pilots who have at least 5 years' experience providing pilotage;

    (iv) 2 shall be members of the steamship industry who actively employ pilots;

    (v) 1 shall be a representative of the ship docking tugboat industry in the Helen Delich Bentley Port of Baltimore; and

    (vi) 1 shall be a consumer member.

  (3) The Governor shall appoint each member under paragraph (2)(iii), (iv), (v), and (vi) of this subsection with the advice of the Secretary.

(b) A designee of the Secretary:

  (1) may not be or ever have been employed in the shipping or maritime industry; and

  (2) may not have or ever have had a financial interest in the shipping or maritime industry.

(c) The consumer member of the Board:

  (1) shall be a member of the general public;

  (2) may not be or ever have been employed or have or ever have had a financial interest in the shipping or maritime industry;

  (3) may not be a licensee or otherwise be subject to regulation by the Board;

  (4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board; and

  (5) may not be required to meet the qualifications for the professional members of the Board.

(d) While a member of the Board, the consumer member may not:

  (1) have a financial interest in or receive compensation from a person regulated by the Board; or

  (2) grade any examination given by or for the Board.

(e) Before taking office, each appointee to the Board shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(f)

  (1) The term of an appointed member is 2 years and begins on June 1.

  (2) The terms of appointed members are staggered as required by the terms provided for members of the Board on October 1, 1989.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (5) An appointed member may not serve more than 2 terms consecutively.

(g)

  (1) The Governor may remove a member for incompetence or misconduct.

  (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two-thirds of the Board meetings held during any consecutive 12-month period while the member was serving on the Board.

  (3) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

  (4) In accordance with Sec. 8-501 of the State Government Article, the chairperson shall provide notice to the Governor and the Governor shall appoint a successor.

#### Section 11-203

From among the members of the Board, the Governor shall appoint a chairperson.

#### Section 11-204

(a) A majority of the authorized membership of the Board is a quorum.

(b) The Board shall determine the times and places of its meetings.

(c)

  (1) Subject to paragraph (2) of this subsection and to the State budget, each member of the Board is entitled to:

    (i) compensation of $500 per year, to be paid out of money that the Board collects; and

    (ii) reimbursement for expenses under the Standard State Travel Regulations.

  (2) The Secretary or designee of the Secretary is not entitled to compensation under this subsection.

(d) The Board may employ a staff in accordance with the State budget.

#### Section 11-205

(a) In addition to any powers set forth elsewhere, the Board may adopt regulations and pass orders to govern and regulate licensed pilots.

(b) In addition to any duties set forth elsewhere, the Board shall:

  (1) adopt a seal; and

  (2) be responsible for safety in providing pilotage.

#### Section 11-206

(a) The Board shall receive all fees and other charges collectible under Sec.Sec. 11-406 and 11-408 of this title.

(b) Except as otherwise provided by law, the Board shall pay all money collected under this title into the General Fund of the State.

(c) The compensation of the Board and reimbursement for expenses under the Standard State Travel Regulations shall be as provided in the State budget.

#### Section 11-207

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.

#### Section 11-208

(a) There is an incident committee within the Board.

(b) The chairperson of the Board shall appoint one pilot member of the Board and one steamship industry member of the Board to the incident committee.

(c) The incident committee shall:

  (1) review all complaints filed with the Board and all reports of incidents filed by a licensed pilot; and

  (2) make a recommendation to the full Board on the disposition of each matter.

(d) Before making a recommendation, the incident committee may request the Department to appoint an individual with experience in the investigation of maritime casualties to prepare a report on the underlying facts of a complaint or incident arising under Sec. 11-409(a)(5) of this title.

### Subtitle 3. Apprentice Pilots

#### Section 11-301

An individual shall be appointed by the Board before the individual may serve as a pilot-in-training.

#### Section 11-302

The Board shall keep a list of all applicants who qualify to be pilots-in-training.

#### Section 11-303

To be included on the list of applicants who qualify to be pilots-in-training, an applicant shall:

(1) be at least 21 years old;

(2) provide the Board with proof of recent satisfactory completion of the physical requirements for a first-class pilot license, as determined by the U.S. Coast Guard;

(3) agree to participate in a U.S. Coast Guard approved random drug testing program;

(4) have one or more of the following maritime credentials:

  (i) a degree from a 4-year course of study at an accredited maritime institution acceptable to the Board, and a current license as third mate, or greater grade, of steam and motor vessels, any gross tons upon oceans;

  (ii) a current license as a master of steam and motor vessels, any gross tons upon oceans, that is issued by the U.S. Coast Guard and that contains an appropriate radar endorsement; or

  (iii) a minimum of 5 years' experience in the maritime industry working on vessels in the deck department as a licensed master or mate on tugs or inspected vessels, of which at least 2 years' experience shall be as the master of a ship-assist harbor tug; and

(5) pass any mental or physical examination that the Board requires to verify that the applicant is mentally and physically capable of providing pilotage.

#### Section 11-304

An applicant for appointment as a pilot-in-training shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board an application fee set by the Board.

#### Section 11-305

(a) The Board shall place the name of each applicant who meets the requirements of this subtitle on the list of qualified applicants.

(b) From the list of qualified applicants, the Board may choose and appoint the number of pilots-in-training that the Board considers necessary to protect the commercial interests of the State.

#### Section 11-306

Appointment as a pilot-in-training authorizes the individual to engage in training, under the supervision of a licensed pilot, to provide pilotage.

### Subtitle 4. Licensing

#### Section 11-401

(a) Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03  of the State Government Article, an individual shall be licensed by the Board before the individual may provide pilotage in the State.

(b) An individual may provide pilotage to a vessel in distress until a licensed pilot comes on board and offers to provide pilotage.

(c) A person who provides pilotage without a license is liable for any damages that result.

#### Section 11-402

Subject to the provisions of this subtitle, the Board may issue:

(1) a license;

(2) a 40-foot-draft  limited license;

(3) a 36-foot-draft  limited license; and

(4) a 32-foot-draft  limited license.

#### Section 11-403

(a) To qualify for a limited license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant shall have trained as a pilot-in-training for at least 2 years.

(c) An applicant shall possess sufficient ability, skill, and experience for a 32-foot-draft limited license, a 36-foot-draft limited license, or a 40-foot-draft limited license as determined by the Board through observation of the applicant's performance providing pilotage.

(d) An applicant shall meet any other requirements that the Board establishes.

#### Section 11-404

(a) To qualify for an unlimited license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant who did not hold a limited license prior to October 1, 2004, shall have held a limited license and have provided pilotage for at least 3 years.

(c) An applicant shall possess sufficient ability, skill, and experience for the unlimited license as determined by the Board through observation of the applicant's performance providing pilotage.

(d) An applicant shall meet any other requirements that the Board establishes.

#### Section 11-405

To apply for a license, an applicant shall submit to the Board an application on the form that the Board provides.

#### Section 11-406

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

  (1) the applicant has qualified for a license; and

  (2) the Board will issue the appropriate license to an applicant on receipt of a license fee of:

    (i) $600 for an unlimited license;

    (ii) $300 for a 40-foot-draft limited license;

    (iii) $300 for a 36-foot-draft limited license; or

    (iv) $200 for a 32-foot-draft limited license.

(b) On payment of the license fee, the Board shall issue an appropriate license to each applicant who meets the requirements of this subtitle.

(c) The Board shall seal each license that the Board issues with its official seal.

#### Section 11-406.1

(a) An individual who holds an unlimited docking master license as of September 30, 2004, shall be issued an unlimited license upon completion of an application on the form that the Board provides.

(b) The Board shall set by regulation the training and experience requirements that must be met before a pilot who previously held a docking master license may be assigned work in addition to the berthing and unberthing of vessels with tug assistance and the shifting of a vessel within a port with tug assistance.

(c) The Board shall set by regulation the training and experience requirements that must be met before a pilot who previously provided pilotage service as defined in Sec. 11-101(i)(1) of this title may be assigned work that includes the berthing and unberthing of vessels with tug assistance or the shifting of a vessel within a port with tug assistance.

#### Section 11-407

(a) While an unlimited license is in effect, it authorizes the licensee to provide pilotage for vessels of any draft.

(b)

  (1) While a 40-foot-draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 40-foot-draft.

  (2) While a 36-foot-draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 36-foot-draft.

  (3) While a 32-foot-draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 32-foot-draft.

#### Section 11-408

(a) A license shall be effective for 2 years from the date it is issued.

(b)

  (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

    (i) a renewal application form; and

    (ii) a notice that states:

      (1) the date on which the current license expires; and

      (2) the amount of the renewal fee.

  (2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a license expires, the licensee periodically may renew it for an additional 2-year term, if the licensee:

  (1) otherwise is entitled to be licensed;

  (2) pays to the Board a renewal fee of:

    (i) $600 for an unlimited license;

    (ii) $300 for a 40-foot-draft limited license;

    (iii) $300 for a 36-foot-draft limited license; or

    (iv) $200 for a 32-foot-draft limited license; and

  (3) submits to the Board a renewal application on the form that the Board provides.

(d) The Board shall renew the license of a licensee who meets the requirements of this section.

#### Section 11-409

(a) Subject to the hearing provisions of Sec. 11-410 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

  (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

  (2) fraudulently or deceptively uses a license;

  (3) under the laws of the United States or of any state, is convicted of:

    (i) a felony; or

    (ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide pilotage;

  (4) pilots or attempts to pilot a vessel while under the influence of:

    (i) alcohol;

    (ii) narcotics; or

    (iii) any other substance that impairs the physical or mental ability of the pilot to perform in a safe manner;

  (5) pilots a vessel in a negligent or reckless manner;

  (6) anchors a vessel during a pilotage transit unless:

    (i) the anchorage was ordered by the master of the vessel; or

    (ii) the anchorage was necessary for reasons of safety or prudent navigation;

  (7) violates the conflict-of-interest provisions of Sec. 11-603 of this title;

  (8) violates any regulation adopted by the Board; or

  (9) violates any order passed by the Board.

(b)

  (1) Subject to the hearing provisions of Sec. 11-410 of this subtitle, the Board shall revoke the license of any pilot who does not provide pilotage for 1 year.

  (2) Notwithstanding paragraph (1) of this subsection, the Board may not revoke a license under this subsection if the failure of the pilot to provide pilotage was due to:

    (i) sickness of the pilot; or

    (ii) assignment to administrative duties.

(c) Subject to the hearing provisions of Sec. 11-410 of this subtitle, the Board shall revoke the license of a pilot who, after receiving notice, refuses to aid a vessel in distress:

  (1) within 18 nautical miles south of Cape Henry;

  (2) within 18 nautical miles east of Cape Henry;

  (3) in the Chesapeake Bay; or

  (4) in the ports of Maryland.

(d)

  (1) Instead of or in addition to suspending or revoking a license under subsection (a) of this section, the Board may impose a penalty not to exceed $2,000 for each violation.

  (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

    (i) the seriousness of the violation;

    (ii) the harm caused by the violation;

    (iii) the good faith of the licensee; and

    (iv) any history of previous violations by the licensee.

(e) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:

  (1) the nature of the crime;

  (2) the relationship of the crime to the activities authorized by the license;

  (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide pilotage;

  (4) the length of time since the conviction; and

  (5) the behavior and activities of the applicant or licensee before and after the conviction.

#### Section 11-410

(a) Except as otherwise provided in Sec. 10-226 of the State Government Article, before the Board takes any final action under Sec. 11-409 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Board may administer oaths in connection with any proceeding under this section.

(d) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

#### Section 11-411

Any person aggrieved by a final decision of the Board in a contested case, as defined in Sec. 10-202 of the State Government Article, may take an appeal as allowed in Sec.Sec. 10-222 and 10-223 of the State Government Article.

### Subtitle 5. Employment and Compensation of Pilots

#### Section 11-501

(a) Each American vessel engaged in foreign trade and each foreign vessel shall employ a licensed pilot to pilot the vessel when it is underway on the navigable waters of the State, including when the vessel is towing or being towed by another vessel.

(b)

  (1) In this subsection, "recreational vessel" means a vessel manufactured or operated for the pleasure of the user or that is leased, rented, or chartered to another for the pleasure of the lessor, renter, or charterer, as set forth in 46 U.S.C. Sec. 2101.

  (2) A recreational vessel may not be required to employ a licensed pilot to pilot the vessel when underway on the navigable waters of the State if the vessel:

    (i) is both less than 200 feet in overall length and has less than a 12-foot draft;

    (ii) except for pleasure use charters, is not engaged in a commercial service, as defined in 46 U.S.C. Sec. 2101;

    (iii) is not carrying a passenger for hire, as defined in 46 U.S.C. Sec. 2101; and

    (iv) possesses a cruising license issued in accordance with 19 C.F.R. Sec. 4.94.

(c) A vessel that is not required to employ a licensed pilot under subsection (a) of this section may voluntarily employ a licensed pilot when the vessel is underway on the navigable waters of the State.

#### Section 11-502

(a) The Public Service Commission shall establish pilotage fees in accordance with Sec. 4-303 of the Public Utilities Article.

(b)

  (1) Regardless of whether the employment is required under Sec. 11-501(a) of this subtitle or voluntary under Sec. 11-501(c) of this subtitle, a vessel that employs a licensed pilot to provide pilotage shall pay the licensed pilot the full pilotage fee.

  (2) Regardless of whether the vessel uses the services of the pilot for the entire pilotage, a vessel that employs a licensed pilot to provide pilotage shall pay the licensed pilot the full pilotage fee.

(c) Notwithstanding any contract between a licensed pilot who has provided pilotage for a vessel and the master, owner, charterer, or agent of the vessel or any other party, the vessel, its tackle, apparel, and furniture, and the master, owner, charterer, and agent of the vessel shall be jointly and severally liable for payment of the pilotage fee to the licensed pilot.

(d) A licensed pilot who has provided pilotage for a vessel shall have a lien for the amount of the pilotage fee due, enforceable in a court of competent jurisdiction, on the vessel and its tackle, apparel, and furniture.

(e) If a vessel fails to employ a licensed pilot to provide pilotage as required under Sec. 11-501(a) of this subtitle, the vessel and its master, owner, charterer, and agent shall be jointly and severally liable for payment of the full pilotage fee as if a licensed pilot had been employed.

#### Section 11-503

Pilotage fees due shall be paid to the Association as collection agent for its members.

#### Section 11-504

(a) A pilot is eligible for payments as an inactive pilot under Sec. 11-505 of this subtitle if the pilot:

  (1)

    (i) chooses to be placed on the list of inactive pilots maintained by the Association; and

    (ii) has been, for at least 25 years:

      (1) a member in good standing of the Association; and

      (2) licensed by the Board to provide pilotage for vessels of unlimited draft; or

  (2)

    (i)

      (1) has been certified by two physicians chosen by the Board to be permanently incapable of providing pilotage; or

      (2) has had a federal or State pilot's license revoked for physical disability; and

    (ii) before becoming permanently disabled, the pilot was:

      (1) a member in good standing of the Association; and

      (2) licensed by the Board to provide pilotage for vessels of any draft.

(b) A pilot is eligible for reduced payments as an inactive pilot under Sec. 11-505 of this subtitle if the pilot:

  (1) chooses to be placed on the list of inactive pilots maintained by the Association; and

  (2) has been, for at least 20 years:

    (i) a member in good standing of the Association; and

    (ii) licensed by the Board to provide pilotage for vessels of unlimited draft.

(c) Eligibility for payments as an inactive pilot shall cease if:

  (1) a pilot who was declared permanently incapable of providing pilotage becomes capable of providing pilotage; or

  (2) a pilot who had a federal or State pilot's license revoked for physical disability has the license reissued.

(d) Time of service as a licensed docking master on or before September 30, 2004, shall be included in determining a pilot's eligibility for payment as an inactive pilot.

(e) A pilot who held an unlimited docking master license on October 1, 2000, is eligible for reduced payments as an inactive pilot under Sec. 11-505 of this subtitle if the pilot:

  (1) chooses to be placed on the list of inactive pilots maintained by the Association; and

  (2) has been, for at least 5 years:

    (i) a member in good standing of the Association or of the Association of Maryland Docking Pilots; and

    (ii) licensed by the Board to provide pilotage for vessels of unlimited draft.

#### Section 11-505

(a) Each month, the Association shall distribute the pilotage fees that the Association collects in the following order:

  (1) within 10 days after the close of each month, the Association shall:

    (i) account to the Board for that month for the amount determined under subsections (b) and (c) of this section for distribution to the pilots who, at the beginning of that month, were eligible for payments as inactive pilots; and

    (ii) distribute that money on behalf of the Board; and

  (2) the balance of the pilotage fees collected shall be:

    (i) first, used by the Association to pay its expenses;

    (ii) second, paid to the Maintenance and Replacement Fund under Sec. 11-506 of this subtitle; and

    (iii) finally, in accordance with the bylaws of the Association, paid to the regularly working licensed pilots who are members in good standing of the Association.

(b) The amount to be distributed by the Association on behalf of the Board to eligible inactive pilots described under Sec. 11-504(a) of this subtitle shall be computed by:

  (1) determining the greater of:

    (i) $200; or

    (ii) 40% of the share payable under this subtitle for the month for which the payment is to be made to a regularly working licensed pilot; and

  (2) multiplying the figure determined under item (1) of this subsection by the number of pilots in the Association who, at the beginning of the month for which the payment is to be made, were eligible for payments as inactive pilots under this subsection.

(c) The amount to be distributed by the Association on behalf of the Board to eligible inactive pilots described under Sec. 11-504(b) of this subtitle shall be computed as follows:

  (1) for each pilot determining the greater of:

    (i) $200; or

    (ii)

      (1) 32% of the share payable under this subtitle for the month for which the payment is to be made to a regularly working licensed pilot; and

      (2)

        (1) 6% of the share payable under this subtitle for the month for which the payment is to be made to a regularly working licensed pilot in addition for each year of service in excess of 20 years and up to 25 years; and

  (2) totaling the sums determined under item (1) of this subsection for each pilot in the Association who, at the beginning of the month for which the payment is to be made, was eligible for payment as an inactive pilot under this subsection.

(d) The amount to be distributed by the Association on behalf of the Board to eligible inactive pilots described under Sec. 11-504(e) of this subtitle shall be 1.6% of the share payable under this subtitle for the month for which the payment is to be made to a regularly working licensed pilot for each full year of service following October 1, 2000.

#### Section 11-506

(a) The Board of Supervisors of the Association shall maintain a Maintenance and Replacement Fund for the replacement and repair of the major equipment of the Association.

(b) The State Board of Pilots shall determine a percentage of the pilotage fees collected by the Association to be set aside in the Fund.

(c) The Board of Supervisors of the Association shall obtain written approval from the State Board of Pilots for any expenditures from the Fund.

(d)

  (1) Except as provided in paragraph (2) of this subsection, the balance in the Fund shall remain at or above $500,000.

  (2)

    (i) The balance of the Fund may fall below $500,000 for expenditures authorized by the Board.

    (ii) The balance of the Fund may not remain below $500,000 for more than 10 consecutive years.

    (iii) At no time shall the balance of the Fund fall below $100,000.

(e) The Board of Supervisors of the Association shall deposit the money authorized under subsection (b) of this section into the Maintenance and Replacement Fund.

(f)

  (1) The Board of Supervisors of the Association shall hold the Maintenance and Replacement Fund in trust.

  (2) The Association:

    (i) may invest or hold the Fund in any manner that the Association finds desirable, in light of the nature and purpose of the Fund;

    (ii) may place control and management of the Fund, or a part of the Fund, with a bank or trust company that is subject to State or federal regulation; and

    (iii) is not limited to investments in property that has been designated, under any law of the State, as strictly suitable for investment of a trust fund.

(g) Assets held in trust under this section are not subject to attachment or execution.

#### Section 11-507

If an individual who is not a licensed pilot assists a vessel in distress and then turns the vessel over to a licensed pilot as provided in Sec. 11-401(b) of this title, the Association shall pay the individual 50% of any pilotage fee received for the pilotage of the vessel.

#### Section 11-508

(a) The Association shall submit to the Board:

  (1) an annual financial audit of payments to pilots under Sec. 11-505 of this subtitle; and

  (2) an annual financial audit of the Maintenance and Replacement Fund under Sec. 11-506 of this subtitle.

(b) The Board shall keep copies of the financial audits received under subsection (a) of this section.

### Subtitle 6. Miscellaneous Provisions

#### Section 11-601

(a) For purposes of subsection (b) of this section, the Department of the Environment shall prepare copies of the State regulations that govern the disposal of waste from vessels in the Chesapeake Bay.

(b) Whenever a licensed pilot boards a vessel to provide pilotage, the licensed pilot shall present to the master of the vessel a copy of the State regulations that govern the disposal of waste from vessels in the Chesapeake Bay.

#### Section 11-602

(a) If a licensed pilot is detained for any reason on a vessel that has employed the pilot to provide pilotage, the master of the vessel shall pay the cost of the pilot's maintenance and the daily rate of pay for an unlimited license pilot as determined by the bylaws of the Association for each day the pilot is detained.

(b) If a licensed pilot is quarantined by order of a health officer because of conditions on a vessel that has employed the pilot to provide pilotage, the master of the vessel shall pay the pilot the cost of the pilot's maintenance and the daily rate of pay for an unlimited license pilot as determined by the bylaws of the Association for each day that the pilot is quarantined.

(c) If a master of a vessel carries a licensed pilot to sea under circumstances that are beyond the control of the pilot, the master shall:

  (1) pay the pilot the daily rate of pay for an unlimited license pilot as determined by the bylaws of the Association until the return of the pilot;

  (2) provide first class accommodations and maintenance for the pilot; and

  (3) at the first opportunity, return the pilot by first class passage to the home port of the pilot.

(d) The master, owner, charterer, and agent of a vessel shall be jointly and severally liable for any payments due under this section.

#### Section 11-603

(a) A licensed pilot may not engage in conduct that constitutes a conflict of interest.

(b) A conflict of interest exists in situations in which:

  (1) except as provided in subsection (c) of this section, a licensed pilot solicits or accepts financial or other consideration of value from a tugboat, towing, vessel-assist, vessel-owning, or vessel-chartering company, or an agent or officer of that company, or from any other entity providing services in the port community;

  (2) a licensed pilot takes any action with the intent to benefit or harm the economic interests of a tugboat, towing, vessel-assist, vessel-owning, or vessel-chartering company, or any other entity providing services in the port community;

  (3) a licensed pilot allows personal financial interests to conflict with professional responsibilities;

  (4) a licensed pilot solicits business for a tugboat, towing, vessel-assist, vessel-owning, or vessel-chartering company, or any other entity providing services in the port community; or

  (5) a licensed pilot discourages a person from engaging the services of a tugboat, towing, vessel-assist, vessel-owning, or vessel-chartering company, or any other entity providing services in the port community.

(c) A conflict of interest does not exist in situations in which:

  (1) remuneration is paid to the pilot through the Association in return for the provision of pilotage services; or

  (2) there is an exchange of nominal social pleasantries between the licensed pilot and any entity providing services to the port community.

### Subtitle 7. Prohibited Acts; Penalties

#### Section 11-701

Except as otherwise provided in this title, a person may not provide, attempt to provide, or offer to provide pilotage in the State unless licensed by the Board.

#### Section 11-702

Unless authorized under this title to provide pilotage, a person may not represent to the public, by use of a title, including "pilot", "bay pilot", "licensed pilot", "State licensed pilot", or "Maryland pilot", by description of services, methods, or procedures, or otherwise, that the person is authorized by the State to provide pilotage.

#### Section 11-703

After receiving notice, a licensed pilot may not refuse to aid a vessel that is in distress:

(1) within 18 nautical miles south of Cape Henry;

(2) within 18 nautical miles east of Cape Henry;

(3) in the Chesapeake Bay; or

(4) in ports of Maryland.

#### Section 11-703.1

A licensed pilot may not take part in a port-wide job action or strike. ?

#### Section 11-704

Unless a person is a licensed pilot, the person may not use a boat as a pilot boat.

#### Section 11-705

The master of a vessel may not fail to employ a pilot as required under Sec. 11-501 of this title.

#### Section 11-706

(a) Except as provided in subsection (b) of this section, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

(b) A licensed pilot who violates any provision of Sec. 11-601(b) of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

### Subtitle 8. Short Title; Termination of Title

#### Section 11-801

This title may be cited as the "Maryland Pilots Act".

#### Section 11-802

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2032.

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Md. Code Ann., Bus. Occ. & Prof. (as displayed at mgaleg.maryland.gov, October 16, 2026)