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(continued) ety and navigation of vessels in United States waters, as codified in Title 33 of the code of federal regulations, as the board may prescribe; and
(b) The provisions of current international agreements governing the safety, radio equipment, and pollution of vessels and other matters as ratified by the United States Senate and prescribed by the board.
(2) The master of any vessel which employs a Washington licensed pilot shall be prepared to produce, and any Washington licensed pilot employed by a vessel shall request to see, certificates of the vessel which certify and indicate that the vessel complies with subsection (1) of this section and the rules of the board promulgated pursuant to subsection (1) of this section.
(3) If the master of a vessel which employs a Washington licensed pilot cannot certify that the vessel complies with subsection (1) of this section and the rules of the board adopted pursuant to subsection (1) of this section, the master shall certify that:
(a) The vessel will comply with subsection (1) of this section before the time the vessel is scheduled to leave the waters of Washington state; and
(b) The coast guard captain of the port was notified of the noncomplying items when they were determined; and
(c) The coast guard captain of the port has authorized the vessel to proceed under such conditions as prescribed by the coast guard pursuant to its authority under federal statutes and regulations.
(4) After the board has prescribed the form required under subsection (1) of this section, no Washington licensed pilot shall offer pilotage services to any vessel on which the master has failed to make a certification required by this section. If the master fails to make a certification the pilot shall:
(a) Disembark from the vessel as soon as practicable; and
(b) Immediately inform the port captain of the conditions and circumstances by the best possible means; and
(c) Forward a written report to the board no later than twenty-four hours after disembarking from the vessel.
(5) Any Washington licensed pilot who offers pilotage services to a vessel on which the master has failed to make a certification required by this section or the rules of the board adopted under this section shall be subject to RCW 88.16.150, as now or hereafter amended, and RCW 88.16.100, as now or hereafter amended.
(6) The board shall revise the requirements enumerated in this section as necessary to reflect changes in coast guard regulations, federal statutes, and international agreements. All actions of the board under this section shall comply with chapters 34.05 and 42.30 RCW. The board shall prescribe the time of and method for retention of forms which have been signed by the master of a vessel in accordance with the provisions of this section.
(7) This section shall not apply to the movement of dead ships. The board shall prescribe pursuant to chapter 34.05 RCW, after consultation with the coast guard and interested persons, for the movement of dead ships and the certification process thereon.
[1977 ex.s. c 337 § 11.]
Notes: Severability -- 1977 ex.s. c 337: See note following RCW 88.16.005.
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88.16.160
Severability and short title.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. This chapter may be cited as the "Pilotage Act."
[1967 c 15 § 10; 1935 c 18 § 17; RRS § 9871-16.]
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88.16.170
Oil tankers — Intent and purpose.
Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources.
The legislature recognizes that the Columbia river has many natural obstacles to navigation and shifting navigation channels that create the risk of an oil spill. The legislature also recognizes Puget Sound and adjacent waters are a relatively confined salt water environment with irregular shorelines and therefore there is a greater than usual likelihood of long-term damage from any large oil spill.
The legislature further recognizes that certain areas of the Columbia river and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic.
For these reasons, it is important that large oil tankers be piloted by highly skilled persons who are familiar with local waters and that such tankers have sufficient capability for rapid maneuvering responses.
It is therefore the intent and purpose of RCW 88.16.180 and 88.16.190 to decrease the likelihood of oil spills on the Columbia river and on Puget Sound and its shorelines by requiring all oil tankers above a certain size to employ licensed pilots and to be escorted by a tug or tugs while navigating on certain areas of Puget Sound and adjacent waters.
[1991 c 200 § 601; 1975 1st ex.s. c 125 § 1.]
Notes: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904.
Severability -- 1975 1st ex.s. c 125: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 125 § 6.]
Study authorized and directed: "The House and Senate Transportation and Utilities Committees are authorized and directed to study the feasibility, benefits, and disadvantages of requiring similar pilot and tug assistance for vessels carrying other potentially hazardous materials and to submit their findings and recommendations prior to the 45th session of the Washington legislature in January, 1977. Such study shall also include a report on the feasibility, benefits and disadvantages of requiring vessels under tug escort to observe a speed limit, and such study shall include a discussion of the impact of a speed limit on the maneuverability of the vessel, the effectiveness of the tug escort and other legal and technical considerations material and relevant to the required study. Such study shall also include an evaluation and recommendations as to whether there should be a transfer of all duties and responsibilities of the board of pilotage commissioners to the Washington utilities and transportation commission or other state agency, and alternate methods for establishing fair and equitable rates for tug escort and pilot transfer." [1975 1st ex.s. c 125 § 5.]
Discharge of oil and hazardous substances into state waters: RCW 90.56.010 through 90.56.040.
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88.16.180
Oil tankers — State licensed pilot required.
Notwithstanding the provisions of RCW 88.16.070, any registered oil tanker of five thousand gross tons or greater, shall be required:
(1) To take a Washington state licensed pilot while navigating Puget Sound and adjacent waters and shall be liable for and pay pilotage rates pursuant to RCW 88.16.035; and
(2) To take a licensed pilot while navigating the Columbia river.
[1991 c 200 § 602; 1983 c 3 § 231; 1975 1st ex.s. c 125 § 2.]
Notes: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904.
Severability -- 1975 1st ex.s. c 125: See notes following RCW 88.16.170.
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88.16.190
Oil tankers — Restricted waters — Standard safety features required — Exemptions.
(1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
(2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:
(a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid cargo compartments; and
(d) Two radars in working order and operating, one of which must be collision avoidance radar; and
(e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:
PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That a tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190.
[1994 c 52 § 1; 1975 1st ex.s. c 125 § 3.]
Notes: Severability -- 1975 1st ex.s. c 125: See note following RCW 88.16.170.
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88.16.195
Oil tankers — Not to exceed speed of escorting tug.
An oil tanker under escort of a tug or tugs pursuant to the provisions of RCW 88.16.190 shall not exceed the service speed of the tug or tugs that are escorting the oil tanker.
[1990 c 116 § 26.]
Notes: Findings -- Severability -- 1990 c 116: See notes following RCW 90.56.210.
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88.16.200
Vessel designed to carry liquefied natural or propane gas to adhere to oil tanker provisions.
Any vessel designed for the purpose of carrying as its cargo liquefied natural or propane gas shall adhere to the provisions of RCW 88.16.190(2) as though it were an oil tanker.
[1991 c 200 § 603; 1977 ex.s. c 337 § 16.]
Notes: Effective dates -- Severability -- 1991 c 200: See RCW 90.56.901 and 90.56.904.
Severability -- 1977 ex.s. c 337: See note following RCW 88.16.005.