(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. § 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. § 2101;

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

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