CCLME.ORG - Pilotage rules

State
Washington Regulations
Chapter 363-116 WAC Pilotage rules

Last Update: 6/16/06

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363-116-010
Time and place of meeting.
The regular monthly meeting of the board of pilotage commissioners shall be on the second Thursday of each month at 9:00 a.m. at Pier 52, Seattle, Washington in the offices of the Washington state ferries unless another time and place has been designated by the chairperson at the last previous meeting. If the aforementioned day falls on a holiday, the meeting shall take place on the following Thursday at the same hour.

[Recodified as § 363-116-010. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-010, filed 8/23/78; Order 2-68, § 296-116-010, filed 11/1/68; § 1, effective 11/25/58.]

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363-116-020
Special meeting.
A special meeting of the board of pilotage commissioners may be called by the presiding officer, or by a majority of the members of the board, by delivering personally or by mail written notice to all other members of the board at least twenty-four hours before the time of such meeting as specified in the notice. The notice calling a special meeting shall state the purpose for which the meeting is called and the date, hour, and place of such meeting and all provisions of chapter 42.30 RCW shall apply.

[Recodified as § 363-116-020. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 88-09-025 (Order 88-3, Resolution No. 88-3), § 296-116-020, filed 4/14/88. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-020, filed 8/23/78; Order 2-68, § 296-116-020, filed 11/1/68; § 2, effective 11/25/58.]

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363-116-030
Emergency meeting.
If, by reason of an emergency, there is a need for expedited action by the board to meet the emergency, the presiding officer may provide for a meeting site, and the notice requirements of chapter 42.30 RCW shall be suspended during such emergency. To the extent possible, notice of such emergency meeting will be delivered personally, by telephone, telegram, or mail to the members of the board and interested persons, and shall specify the time and place of the emergency meeting and the business to be transacted. Any action taken by the board at such emergency meeting may be reconsidered by the board at its next regular monthly meeting.

[Recodified as § 363-116-030. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 88-09-026 (Order 88-4, Resolution No. 88-4), § 296-116-030, filed 4/14/88. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-030, filed 8/23/78; Order 2-68, § 296-116-030, filed 11/1/68; § 3, effective 11/25/58.]

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363-116-050
Records.
The board of pilotage commissioners shall keep accurate records of the minutes of the meetings, records of pilots' earnings, mileage piloted, accident reports, licenses, applications for licenses, examinations for licenses, and any and all other records deemed necessary by the board.

[Recodified as § 363-116-050. 97-08-042, filed 3/28/97, effective 3/28/97. Order 2-68, § 296-116-050, filed 11/1/68; § 5, effective 11/25/58.]

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363-116-060
Personnel.
The board shall employ the necessary personnel for the conduct of its business following the personnel practices and salary schedules of the Washington state ferries.

[Recodified as § 363-116-060. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-060, filed 8/23/78; Order 2-68, § 296-116-060, filed 11/1/68; § 6, effective 11/25/58.]

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363-116-065
Number of pilots.
(1) The board will, from time to time, set the number of pilots to be licensed in each pilotage district of the state that is best calculated to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service. This determination will be made by the board at meetings for which the agenda lists this issue as a topic for resolution. In addition, the board shall plan ahead to ensure, to the extent possible, that pilot trainees enter the training program set forth in WAC 363-116-078 so that they complete the training program in a timely manner.

(2) In setting the number of pilots and making decisions as to when to hold an examination and admit applicants to the training program, the board may consider factors which include, but are not limited to, the following:

(a) Policy of the state to ensure safety of persons, vessels, property and the environment by providing competent, efficient and regulated pilotage for vessels;

(b) The importance of the maritime industry to the state balanced by the potential hazards presented by the navigation of vessels requiring pilots;

(c) The lead time necessary to select and train new pilots;

(d) Regional maritime economic outlook, including without limitation: Current economic trends in the industry, fluctuations in the number of calls, the types of assignments, the size of vessels, the cyclical nature of the traffic and whether traffic is increasing or decreasing and the need to minimize shipping delays;

(e) Workload, assignment preparation and rest needs of pilots;

(f) Trends in size of piloted vessels;

(g) Time lost to injury and illness;

(h) Anticipated retirements;

(i) Administrative responsibilities, continuing education and training requirements consistent with the policy of chapter 88.16 RCW; and

(j) Surface transportation and travel time consumed in pilots getting to and from assignments.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-065, filed 8/29/05, effective 10/1/05.]

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363-116-070
Collection of fees.
All pilots shall pay an annual license fee of three thousand dollars for every year in which they perform any pilotage services. If a licensed pilot does not perform pilotage services during a license year, his/her fee for that year shall be reduced to five hundred dollars upon application to the board. The board of pilotage commissioners shall receive all fees for licenses or for other purposes and make proper accounting of same and transmit all such funds to the pilotage account.

[Statutory Authority: RCW 88.16.090. 04-14-017, § 363-116-070, filed 6/28/04, effective 7/29/04. Recodified as § 363-116-070. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090 and 1995 c 175. 97-06-105, § 296-116-070, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 88.16.035. 88-14-063 (Order 88-13, Resolution No. 88-13), § 296-116-070, filed 7/1/88. Statutory Authority: RCW 88.16.090. 85-15-032 (Order 85-1, Resolution No. 85-1), § 296-116-070, filed 7/12/85; 84-11-056 (Order 84-4, Resolution No. 84-4), § 296-116-070, filed 5/18/84. Statutory Authority: RCW 88.16.035. 82-24-010 (Order 82-8, Resolution No. 82-8), § 296-116-070, filed 11/18/82; 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-070, filed 10/18/79. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-070, filed 8/23/78; Order 2-68, § 296-116-070, filed 11/1/68; § 7, effective 11/25/58.]

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363-116-075
Qualifications for pilot applicants taking examinations before July 1, 2008.
(1) In addition to meeting the requirements of RCW 88.16.090, pilot applicants must hold at the time of examination a first class United States endorsement without tonnage or other restrictions on his/her United States government license to pilot in all of the waters of the pilotage district in which the pilot applicant desires to be licensed and meet one of the following additional requirements:

(a) One year of service in ocean or near coastal waters as a master of cargo, tank, or passenger vessels of 5000 gross tons or more while holding a license as a master of ocean steam or motor vessels of any gross tons or as a master of near coastal steam or motor vessels of any gross tons;

(b) Two years of service in ocean or near coastal waters as a master of cargo, tank, or passenger vessels of 450 gross tons or more while holding a license as a master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons;

(c) Two years of service in inland waters as a master of cargo, tank, or passenger vessels of 500 gross tons or more while holding a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons;

(d) Two years of service as a master of towing vessels of 100 gross tons or more while holding a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons;

(e) Three years of service as a member of an organized professional pilots association or as a U.S. government employed pilot during which period the applicant was actively engaged in piloting and hold as a minimum a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons; or

(f) Two years of service as a commanding officer or master of U.S. flag government vessels of not less than 1000 gross tons and hold a license as either a master of ocean or near coastal steam or motor vessels of any gross tons.

(2) As used in this section "cargo, tank, or passenger vessels" shall refer to vessels primarily engaged in the transportation of cargo or passengers between points.

(3) Tonnages used in this section shall refer to gross registered tonnage (domestic). If an applicant's sea service is on a ship without a domestic gross tonnage rating, the board shall make a determination as to equivalency in determining whether an applicant is eligible.

(4) The provisions of this section shall apply to examinations provided in WAC 363-116-076 given before July 1, 2008.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-075, filed 8/29/05, effective 10/1/05. Recodified as § 363-116-075. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090(2). 92-15-064, § 296-116-075, filed 7/14/92, effective 8/14/92. Statutory Authority: RCW 88.16.035(2). 90-17-094, § 296-116-075, filed 8/20/90, effective 9/20/90. Statutory Authority: RCW 88.16.090. 82-15-026 (Order 82-6, Resolution No. 82-6), § 296-116-075, filed 7/14/82.]

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363-116-0751
Qualifications for pilot applicants taking examinations on or after July 1, 2008.
(1) Sea service.

(a) In addition to meeting the preexamination requirements of RCW 88.16.090, pilot applicants must, before taking the examination provided in WAC 363-116-076, meet one of the following indicated service requirements as master, while holding a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC):

Vessel Type Minimum Size Waters Minimum Time
Cargo or tank 5000 GRT or 10,000 GT (ITC) Ocean or near coastal 1 year
Cargo or tank 700 GRT or 1400 GT (ITC) Ocean or near coastal 2 years
Cargo or tank 1600 GRT or 3000 GT (ITC) Inland 2 years
Passenger or ferry 1600 GRT or 3000 GT (ITC) Ocean, near coastal or inland 2 years
Towing 150 GRT or 300 GT (ITC) Ocean, near coastal or inland 2 years

(b) In calculating sea service under subsection (1) of this section, a year of service shall equal three hundred sixty days of service on the vessel in the required capacity. Applicants combining the above types of sea service shall have a total of at least two years of the various service times, except that one day of service as master on cargo, tank, or passenger vessels of at least 5000 GRT or 10,000 GT (ITC) shall be credited as two days of service time for the purpose of calculating such combined service times.

(2) In lieu of the requirements of subsection (1) of this section, an applicant may substitute either:

(a) Three years of service as an active member of an organized professional pilot association or as a government employed pilot during which periods the applicant was actively engaged in piloting while holding a minimum license as a master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters. For purposes of this section, piloting shall refer to piloting vessels in the capacity of the pilot in charge of navigation; or

(b) Two years of service as a commanding officer or master of U.S. flag government vessels of not less than 3000 displacement tons. The applicant must hold at the time of application a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters.

(3) An applicant who does not meet the sea service requirements set forth in subsection (1) or (2) of this section but is otherwise qualified to take the examination, shall be eligible to take examinations given on or after July 1, 2008, if the applicant qualified for, took and passed the most recent examination given prior to July 1, 2008, pursuant to WAC 363-116-075 and any subsequent examinations given after July 1, 2008, pursuant to WAC 363-116-0751.

(4) As used in this section these terms shall have the following meanings:

(a) Cargo or tank vessels shall refer to vessels primarily engaged in the transportation of cargo between points.

(b) Passenger vessels shall refer to vessels primarily engaged in the transportation of passengers between points. This shall include yachts only to the extent and for such times that such vessels are actively engaged in moving passengers between points.

(c) Ferry vessels shall refer to vessels primarily engaged in the transportation of vehicles and passengers between points.

(d) Towing vessels shall refer to vessels primarily engaged in commercial towing of vessels or in ship assist work.

(e) GRT shall refer to gross register tonnage (domestic).

(f) GT (ITC) shall refer to gross tonnage measured in accordance with the requirements of the 1969 International Convention on Tonnage Measurement of Ships.

(5) The provisions of this section shall apply to examinations provided in WAC 363-116-076 given on or after July 1, 2008.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-0751, filed 8/29/05, effective 10/1/05.]

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363-116-076
Examination for pilot applicants.
(1) Applicants must pass a written examination given and graded by the board or the board's designated contracting entity. A perfect score on the written examination shall be 100 points. The board will set the minimum passing score for the written examination. Notice of the examination shall be published at least four months in advance by one paid advertisement in a major marine industry publication and written notice to any party who has requested notice of such examinations. The board may publish additional notices in such publications or in other media at such times as it deems appropriate. Applications will be accepted by the board immediately following the publication of the notice of the examination. The board may, in an emergency, call for an examination on less than four months notice.

(2) The examination may be taken by all applicants who the board has determined have met the qualifications of WAC 363-116-075 or 363-116-0751 and who:

(a) Have had an application on file with the board for at least one month prior to the examination. This requirement may be waived by the chairperson of the board upon the showing of good cause.

(b) Have tendered with the application a nonrefundable examination administration fee in such amount as may be set by the board from time to time. The board may, at its discretion, refund all or part of the examination administration fee for an applicant who is unable to sit for the examination or refund all or part of the portion of the examination administration fee that encompasses the simulator fee for an applicant who is unable to sit for the simulator evaluation.

(3) The written examination shall be in compliance with RCW 88.16.090 and may consist of questions covering, but not limited to, the following subjects:

(a) Rules of the Road then applicable to the pilotage district for which the applicant is applying and accompanying information set forth in United States government publications on the subject;

(b) Meaning and understanding of the aids to navigation;

(c) Seamanship, including piloting and ship handling, docking and undocking problems, use of ship assist tugs and anchors;

(d) Vessel traffic system regulations;

(e) Engine and rudder order commands for United States and foreign merchant vessels and United States naval vessels;

(f) Operation and use of marine radar and automatic radar plotting aids (ARPA);

(g) Ability to calculate currents and tides;

(h) Federal laws affecting mariners and pilots including environmental laws;

(i) Use of vessel navigational equipment;

(j) Duties of a pilot;

(k) Relationship between pilot and master;

(l) Bridge resource management;

(m) United States government public health quarantine regulations;

(n) Marine VHF radio usage and phraseology, including bridge-to-bridge communications regulations;

(o) Federal navigation safety and security regulations;

(p) International distress signals;

(q) Nonlocal chart knowledge, including chart symbols and abbreviations as set forth in the latest U.S. Department of Commerce, NOS (National Ocean Survey) Chart No. 1; and

(r) Chapters 88.16 RCW and 363-116 WAC.

(4) In addition to the subjects listed in subsection (3) of this section, the following subjects as they pertain to the pilotage district for which the examination is being given may be included in examinations given before July 1, 2008:

(a) Knowledge of local tidal currents;

(b) Overhead cable areas and clearances;

(c) Submerged cable and pipeline areas;

(d) Channel, waterway and passage widths, depths and shoal areas and other information from the Army Corps of Engineers survey charts;

(e) Bridge transit knowledge - signals, channel width, regulations, and closed periods;

(f) Lock characteristics, rules and regulations;

(g) Ranges for determining compass error and measured miles;

(h) Channel ranges;

(i) Pier, wharf, or terminal locations and berth numbers; dock or pier headings, lengths, and minimum depths of water alongside;

(j) Prohibited areas, restricted areas, regulated navigation areas and explosive anchorages;

(k) Commonly used anchorage locations;

(l) Use of anchors and knowledge of ground tackle;

(m) State and federal tanker escort rules;

(n) State environmental law and regulations affecting mariners;

(o) Marine and port security regulations;

(p) Harbor safety plan and harbor regulations; and

(q) Local chart knowledge, including chart symbols and abbreviations as set forth in the latest U.S. Department of Commerce, NOS (National Ocean Survey) Chart No. 1.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-076, filed 8/29/05, effective 10/1/05.]

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363-116-077
Simulator evaluation for pilot applicants.
(1) Applicants who take an examination before July 1, 2008, shall be eligible to take the simulator evaluation set forth in this section. Applicants who pass an examination on or after July 1, 2008, and whose scores are among the top twenty (or such other number as may be set by the board) of those taking the examination (plus any applicants who tie a qualifying score) shall be eligible to take the simulator evaluation set forth in this section.

(2) The simulator evaluation shall take place at a marine simulator facility designated by the board and shall be recorded. In this evaluation applicants shall be observed by available board members but shall be evaluated only by those board members who hold, or have held a minimum U.S. Coast Guard license as master of steam or motor vessels of not more than 1600 gross tons, provided that no currently licensed Washington state pilots shall be evaluators or be present during the evaluation. The board shall also appoint a minimum of two additional evaluators who hold, or have held within ten years of the examination date, a state pilot license issued by another state or who have held a Washington state pilot license within the last ten years.

(3) All applicants will be evaluated in writing based on some or all of the following factors:

(a) Fundamental piloting and ship handling ability;

(b) Ability to assimilate and prioritize all data necessary to safely maneuver the ship;

(c) Ability to respond appropriately in routine situations;

(d) Ability to respond appropriately in emergency or nonroutine situations;

(e) Ability to communicate well and project the proper bridge presence;

(f) Understanding of bridge resource management; and

(g) Understanding and command of the Rules of the Road then applicable to the pilotage district for which the applicant is applying.

(4) The scoring method on the simulator evaluation and the relative weight of this score to the whole examination will be determined by a board designated examination committee and provided to the applicants prior to the examination provided in WAC 363-116-076.

(5) The board will set a minimum passing score.

(6) The board may require that the simulator evaluation fee will be at the expense of the applicant.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-077, filed 8/29/05, effective 10/1/05.]

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363-116-078
Training program.
After passing the written examination and simulator evaluation, applicants pursuing a pilot license must enter and successfully complete a training program specified by the board.

(1) Notification. Applicants on the list waiting to enter the training program shall provide the board with a current address to be used for notification for entry into the training program. Such address shall be a place at which mail is delivered. In addition, an applicant may provide the board with other means of contact such as a phone number, fax number, and/or an e-mail address. The mailing address will, however, be considered the primary means of notification by the board. It will be the responsibility of the applicant to ensure that the board has a current mailing address at all times. If an applicant cannot personally receive mail at the address provided to the board for any period of time, another person may be designated in writing with a notarized copy to the board as having power of attorney specifically to act in the applicant's behalf regarding such notice. If notice sent to the address provided by the applicant is returned after three attempts to deliver, that applicant will be skipped and the next applicant on the list will be contacted for entry into the training program. A person so skipped will remain next on the list. An applicant or his designated attorney in fact shall respond within fifteen calendar days of receipt of notification to accept, refuse, or request a delayed entry into the training program.

(2) Entry. At such time that the board chooses to start an applicant in the training program, notification shall be given to the first person on the list. Applicants shall be eligible in the order of their total combined scores on the written examination and simulator evaluation. Any applicant who refuses entry into the program will be removed from the waiting list with no further obligation by the board to offer a position in the training program. An applicant who is not able to start the training program within two months of the board's notice may, with written consent of the board, delay entry into the training program. The board will then give notice to the next applicant on the list to enter the training program. The applicant who delays entry, shall remain eligible for the next position in the training program, provided that the next position becomes available within the earlier of:

(a) Four years from the applicant's taking the written examination; or

(b) The date scheduled for the next pilotage examination. Applicants not able to start in the training program within two months of the board's notice of eligibility and who do not obtain the board's written consent to delay entry into the training program shall no longer be eligible for the training program without retaking the examination provided in WAC 363-116-076 and the simulator evaluation provided in WAC 363-116-077.

(3) Training license. Prior to receiving a training license applicants must pass a physical examination by a physician designated by the board and in accordance with the requirements of WAC 363-116-120 for initial applicants. A form provided by the board must be completed by the physician and submitted to the board along with a cover letter indicating the physician's findings and recommendations as to the applicant's fitness to pilot. The physical examination must be taken not more than forty-five days before issuance of the training license. Holders of a training license will be required to pass a general physical examination annually within forty-five days prior to the anniversary date of that license. Training license physicals will be at the expense of the applicant. All training licenses shall be signed by the chairperson or his/her designee and shall have an expiration date and fee established by the board. Training licenses shall be surrendered to the board upon completion or termination of the training program.

(4) Development. As soon as practical after receiving notification of eligibility for entry into the training program as set forth in this section, the applicant shall meet with the trainee evaluation committee for the purpose of devising a training program for that applicant. The training program shall be tailored to the ability and experience of the individual applicant and shall consist of observation trips, training trips in which the applicant pilots the vessel under the supervision of licensed pilots, ship assist tug trips, and such other forms of learning and instruction that may be designated. The trainee evaluation committee shall recommend a training program for adoption by the board. After adoption by the board, it will be presented to the applicant. If the applicant agrees in writing to the training program, the board shall issue a training license to the applicant, which license shall authorize the applicant to take such actions as are contained in the training program. If the applicant does not agree to the terms of the training program in writing within fifteen business days of it being received by the applicant, that applicant shall no longer be eligible for entry into the training program and the board may give notice to the next available applicant that he/she is eligible for the training program.

(5) Initial evaluation.

(a) The trainee evaluation committee shall create an initial evaluation at the beginning of each applicant's training program. The goal of the initial evaluation is to, as soon as practical after adequate observation trips, have the pilot trainee involved in hands-on piloting and ship handling under the supervision of licensed pilots and subject to the evaluation of training pilots. To this end the trainee evaluation committee shall devise an initial evaluation of a specified length not to exceed six months if the pilot trainee is on stipend and nine months if not on stipend. The initial evaluation shall:

(i) Afford the pilot trainee early and concentrated exposure to a commonly navigated waterway, channel or tributary within the pilotage district and the main ship channel routes between such area and the seaward boundary of the pilotage district;

(ii) Except for pilot trainees taking an examination prior to July 1, 2008, provide the pilot trainee the opportunity to study for and pass any local knowledge examination provided by the board as to the conditions found in such waterway, channel or tributary;

(iii) Specify a number of training trips in which the pilot trainee pilots vessels under the supervision of licensed pilots; and

(iv) Specify a number of training trips in which the pilot trainee pilots vessels under the supervision of training pilots and the pilot members of the trainee evaluation committee.

(b) As a condition of completing the initial evaluation, the pilot trainee shall:

(i) Pass any required local knowledge examination given by the board covering the routes described in (a)(i) of this subsection. This examination can be repeated as necessary, provided that it may not be taken more than once in any thirty day period and further provided that it must be successfully passed before the expiration date of the initial evaluation; and

(ii) Possess a first class pilotage endorsement without tonnage or other restrictions on his/her United States government license to pilot in at least one route in the pilotage district in which the pilot applicant seeks a license.

(c) After completion of the initial evaluation, the trainee evaluation committee shall make a recommendation to the board and the board shall determine, whether the pilot trainee has demonstrated the potential for superior piloting and ship handling and has demonstrated the ability to assimilate and retain the local knowledge necessary to pilot. Unless the board finds that such superior potential exists, it shall terminate the pilot trainee's participation in the training program.

(6) Specification of trips. To the extent possible, the training program shall provide a wide variety of assignments, observation and training trips. The training program may contain deadlines for achieving full or partial completion of certain necessary actions. Where relevant, it may specify such factors as route, sequence of trips, weather conditions, day or night, stern or bow first, draft, size of ship and any other relevant factors. The board may designate specific trips or specific numbers of trips that shall be made with training pilots or with the pilot members of the trainee evaluation committee or with pilots of specified experience. In the Puget Sound pilotage district, applicants taking an examination before July 1, 2008, shall have a minimum of one hundred thirty trips. After July 1, 2008, all Puget Sound applicants shall have a minimum of one hundred fifty trips. The board shall set from time to time the minimum number of trips for applicants in the Grays Harbor pilotage district. The board will ensure that during the training program the pilot trainee will get significant review by training pilots and the pilot members of the trainee evaluation committee.

(7) Local knowledge. The training program shall provide for the education and testing of pilot trainees on the local knowledge necessary to become a pilot. This education program shall be developed by the trainee evaluation committee and recommended to the board for adoption and shall be tailored to the needs of the individual pilot trainee. Prior to the completion of the training program, the board, or its designee, shall give a local knowledge examination(s) to the pilot trainees who shall be required to pass such examination(s) before completing the training program. Pilot trainees taking an examination before July 1, 2008, shall not be required to take local examinations. These local examinations can be repeated as necessary, except that an examination for the same local area may not be taken more than once in any thirty day period and all required local knowledge examinations must be successfully passed before the expiration date of the training program. The local knowledge examination(s) may include the following subjects as they pertain to the pilotage district for which the pilot trainee seeks a license:

(a) Area geography;

(b) Waterway configurations including channel depths, widths and other characteristics;

(c) Hydrology and hydraulics of large ships in shallow water and narrow channels;

(d) Tides and currents;

(e) Winds and weather;

(f) Local aids to navigation;

(g) Bottom composition;

(h) Local docks, berths and other marine facilities including length, least depths and other characteristics;

(i) Mooring line procedures;

(j) Local traffic operations e.g., fishing, recreational, dredging, military and regattas;

(k) Vessel traffic system;

(l) Marine VHF usage and phraseology, including bridge-to-bridge communications regulations;

(m) Air draft and keel clearances;

(n) Submerged cable and pipeline areas;

(o) Overhead cable areas and clearances;

(p) Bridge transit knowledge - signals, channel width, regulations, and closed periods;

(q) Lock characteristics, rules and regulations;

(r) Commonly used anchorage areas;

(s) Danger zone and restricted area regulations;

(t) Regulated navigation areas;

(u) Naval operation area regulations;

(v) Maneuvering behavior for different vessel types;

(w) Impact of propulsion and maneuvering machinery on vessel navigation;

(x) Local ship assist and escort tug characteristics;

(y) Tanker escort rules - state and federal;

(z) Use of anchors and knowledge of ground tackle;

(aa) Applicable federal and state marine and environmental safety law requirements;

(bb) Marine security and safety zone concerns;

(cc) Marine port security regulations;

(dd) Harbor safety plan and harbor regulations; and

(ee) Chapter 88.16 RCW and other relevant state and federal regulations.

(8) Length.

(a) In the Puget Sound pilotage district, for applicants taking an examination before July 1, 2008, the minimum length of the training program shall be seven months. For applicants who take an examination on or after July 1, 2008, the minimum length of the training program shall be eight months. The maximum length of the training program shall be thirty-six months if the applicant elects to receive a stipend. The length of the training program shall be established by the board based on the recommendation of the trainee evaluation committee.

(b) In the Grays Harbor pilotage district, the length of the training program shall be set by the board based on the recommendation of the trainee evaluation committee.

(9) Rest. It is the pilot trainee's responsibility to provide adequate rest time so that he/she is fully able to pilot on training trips. Pilot trainees shall not take pilot training trips in which they will be piloting the vessel without observing the rest rules in place by federal or state law or regulation. For purposes of calculating rest required before a training trip in which the pilot trainee will be piloting after an observation trip in which the pilot trainee did not pilot the vessel, such observation trip shall be treated as though it had been a normal pilotage assignment. Nothing herein shall be construed as requiring any particular amount of rest before any observation trip in which the pilot trainee will not be piloting.

(10) Stipend. At the initial meeting with the trainee evaluation committee the applicant shall indicate whether he/she wishes to receive a stipend during the training program. In the Puget Sound pilotage district, as a condition of receiving such stipend, applicants will agree to forego during the training program other full- or part-time employment which prevents them from devoting themselves on a full-time basis to the completion of the training program. With the consent of the board and the restructuring of the training program, pilot trainees may elect to change from a stipend to nonstipend status, and vice versa, during the training program. The stipend paid to pilot trainees shall be six thousand dollars per month (or such other amount as may be set by the board from time to time), shall be contingent upon the board's setting of a training surcharge fee in the tariffs levied pursuant to WAC 363-116-185 and 363-116-300 sufficient to cover the expense of the stipend and shall be paid from a pilot training account as directed by the board. Any approved pilot association or other organization collecting the pilotage tariff levied by WAC 363-116-185 or 363-116-300 shall transfer the pilot training surcharge receipts to the board at least once a month or otherwise dispose of such funds as directed by the board. The board may set different training stipends for different pilotage districts. Receipts from the training surcharge shall not belong to the pilot providing the service to the ship that generated the fee or to the pilot association or other organization collecting the surcharge receipts, but shall be disposed of as directed by the board. Pilot associations or other organizations collecting surcharge receipts shall provide an accounting of such funds to the board on a quarterly basis or at such other intervals as may be requested by the board. Any audited financial statements filed by pilot associations or other organizations collecting pilotage tariffs shall include an accounting of the collection and disposition of these surcharge fees. The board shall direct the disposition of all funds in the account.

(11) Trainee evaluation committee. There is hereby created a trainee evaluation committee to which members shall be appointed by the board. The committee shall include: Three active licensed Washington state pilots, who, to the extent possible, shall be from the district in which the pilot trainee seeks a license and at least one of whom shall be a member of the board; one representative of the marine industry from the relevant pilotage district (who may be a board member) who holds, or has held, the minimum U.S. Coast Guard license required by RCW 88.16.090; and one public representative member of the board. The committee shall be chaired by a pilot member of the board and shall meet as necessary to complete the tasks accorded it.

(12) Training pilots. The board shall designate as training pilots those pilots with a minimum of seven years of piloting in the relevant district who are willing to undergo such training as the board may require and provide. The board may establish a lower experience level for the Grays Harbor pilotage district. Training pilots shall receive such training from the board to better enable them to give guidance and training to pilot trainees and to properly evaluate the performance of pilot trainees. The board shall keep a list of training pilots available for public inspection at all times. All pilot members of the trainee evaluation committee shall also be training pilots.

(13) Evaluation. When a pilot trainee pilots a vessel under the supervision of another pilot, the supervising pilot shall, to the extent possible, communicate with and give guidance to the pilot trainee in an effort to make the trip a valuable learning experience. After each such trip, the supervising pilot shall complete a form provided by the board evaluating the pilot trainee's performance. The board shall prepare different forms to be used by supervising pilots who are training pilots and those who are not. Evaluation forms prepared by licensed pilots who are not training pilots shall be used by the trainee evaluation committee and the board for assessing a pilot trainee's progress, providing guidance to the pilot trainee and for making alterations to the training program. All evaluation forms shall be delivered or mailed by the supervising pilot to the board. They shall not be given to the pilot trainee. The supervising pilot may show the contents of the form to the trainee, but the pilot trainee has no right to see the form until it is filed with the board. The trainee evaluation committee shall review these evaluation forms from time to time and the chairperson of the trainee evaluation committee shall report the progress of all pilot trainees at each meeting of the board. If it deems it necessary, the trainee evaluation committee may recommend, and the board may make, changes from time to time in the training program requirements applicable to a pilot trainee, including the length of the training program.

(14) Removal. A pilot trainee may be removed from the training program by the board if it finds any of the following:

(a) Failure to maintain the minimum federal license required by RCW 88.16.090;

(b) Conviction of an offense involving drugs or involving the personal consumption of alcohol;

(c) Failure to devote full time to training in the Puget Sound pilotage district if receiving a stipend;

(d) The pilot trainee is not physically fit to pilot;

(e) Failure to make satisfactory progress toward timely completion of the program or timely meeting of interim performance requirements in the training program;

(f) Inadequate performance on examinations or other actions required by the training program;

(g) Failure to demonstrate the superior skills required in the initial evaluation;

(h) Inadequate performance on training trips; or

(i) Violation of a training program requirement, law, regulation or directive of the board.

(15) Completion of the training program shall include the requirement that the pilot trainee:

(a) Successfully complete the requirements set forth in the training program;

(b) Possess a valid first class pilotage endorsement without tonnage or other restrictions on his/her United States government license to pilot in all of the waters of the pilotage district in which the pilot applicant seeks a license; and

(c) Successfully complete any local knowledge examination(s) required by the board and specified in the training program.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-078, filed 8/29/05, effective 10/1/05.]

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363-116-080
Licensing of pilots.
(1) No person shall be issued a pilot license until he/she has applied for a pilot license and successfully completed:

(a) The written examination(s);

(b) The simulator evaluation;

(c) The pilot training program;

(d) A physical examination; and

(e) Tendered the license fee stipulated in WAC 363-116-070.

(2) A majority of board members in attendance at a meeting where licensing of an applicant is scheduled for consideration, shall pass on the issuance of a pilot license. Pilot licenses shall be signed by the chairperson or his/her designee.

(3) At the time of completion of the training program as provided in WAC 363-116-078 and at the time of consideration for licensing, all applicants must provide a copy of his/her U.S. master license required by RCW 88.16.090 with a first class U.S. pilotage endorsement without tonnage or other restrictions on that U.S. master license to pilot in all of the waters of the pilotage district defined in RCW 88.16.050 in which the applicant desires to be licensed and an endorsement on that U.S. master license as a radar observer (unlimited); and a certificate representing competency in automatic radar plotting aids (ARPA).

(4) No person shall be licensed by the board who has been convicted of an offense involving drugs or the personal consumption of alcohol in the twelve months prior to the date of application. This restriction shall not apply to license renewals.

(5) After completion of the training program the trainee evaluation committee shall review the evaluations and the pilot trainee's performance on other required aspects of the training program and make a recommendation to the board that the pilot trainee is: Suitable for licensing; not suitable for licensing; or, in need of more training and further evaluation. The board shall consider such recommendation and may: Issue the license if there is a need for a pilot in the relevant district; require more training for the pilot trainee if necessary; deny a license if it finds that the pilot trainee should not be licensed; or, delay the issuance of a license, if there is no need for a pilot at that time in the relevant district. If the board delays the issuance of a license, it may prescribe additional training trips for the pilot trainee and continue the pilot trainee in the training program. The criteria to be followed by the board in issuing or denying licenses shall include, but not be limited to: Performance in the training program; piloting and ship handling and general seamanship skills; local knowledge; and, bridge presence and communication skills.

(6) If two or more pilot trainees are deemed qualified by the board for issuance of a license at the same meeting of the board, the pilot trainee with the highest combined score on the initial written examination and simulator evaluation shall be licensed first.

[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-080, filed 8/29/05, effective 10/1/05. Recodified as § 363-116-080. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035(2). 92-14-070, § 296-116-080, filed 6/26/92, effective 7/27/92. Statutory Authority: RCW 88.16.090(2). 90-23-080, § 296-116-080, filed 11/20/90, effective 12/21/90. Statutory Authority: RCW 88.16.090. 89-18-045 (Order 89-7, Resolution No. 89-7), § 296-116-080, filed 8/31/89, effective 10/1/89; 88-10-037 (Order 88-9, Resolution No. 88-9), § 296-116-080, filed 5/3/88. Statutory Authority: RCW 88.16.035. 86-07-010 (Order 86-2, Resolution No. 86-2), § 296-116-080, filed 3/10/86. Statutory Authority: RCW 88.16.090. 82-15-028 (Order 82-7, Resolution No. 82-7), § 296-116-080, filed 7/14/82; 81-21-019 (Order 81-4, Resolution No. 81-4), § 296-116-080, filed 10/13/81. Statutory Authority: RCW 88.16.035. 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-080, filed 3/4/80; 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-080, filed 10/18/79; 79-05-023 (Order 79-2, Resolution No. 79-2), § 296-116-080, filed 4/17/79; Order 75-8, § 296-116-080, filed 3/10/75; Order 73-6, § 296-116-080, filed 5/11/73; Order 2-68, § 296-116-080, filed 11/1/68; § 8, effective 11/25/58.]

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363-116-081
Rest period.
(1) Pilots shall observe rest period requirements as set out in RCW 88.16.103 as now or hereafter amended. For purposes of applying this rule an assignment shall begin at the pilot's dispatched departure time if the pilot is on board, regardless of when the ship actually sails. The assignment ends when the pilot leaves the vessel. Travel time shall not be included in an assignment.

[Recodified as § 363-116-081. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 79-05-023 (Order 79-2, Resolution No. 79-2), § 296-116-081, filed 4/17/79; Order 73-6, § 296-116-081, filed 5/11/73.]

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363-116-082
Limitations on new pilots.
(1) The following limitations and pilot license upgrade requirements shall apply to a newly licensed pilot during his/her first five years of active service. For purposes of this section, the term "tank vessel" shall, in addition to tank ships, include any articulated or integrated tug and tank barge combinations, and any tonnage restrictions thereon shall be calculated by including the gross tonnage of the tug and tank barge combined. For purposes of this section, the term "petroleum products" shall include crude oil, refined products, liquefied natural gas, and propane gas. GT (ITC) as used in this section refers to gross tonnages measured in accordance with the requirements of the 1969 International Convention on Tonnage Measurement of Ships.

(2) Puget Sound pilotage district - license limitation periods. Except for trips being made for pilot license upgrades, licenses issued in the Puget Sound pilotage district shall have the following limitations:

License Year Maximum Size of Tank Vessels Carrying Petroleum Products as Bulk Cargo Maximum Size of Other Vessels
1 Piloting on vessels of any size prohibited 30,000 GT (ITC) or 660 feet except for passenger vessels which may only have a maximum size of 5000 GT (ITC)
2 30,000 GT (ITC) 38,000 GT (ITC)
3 38,000 GT (ITC) 48,000 GT (ITC)
4 45,000 GT (ITC) 60,000 GT (ITC)
5 55,000 GT (ITC) 75,000 GT (ITC)

(3) Puget Sound pilotage district - pilot licenseupgrade requirements. Progressive lifting of tonnage limitations requires a newly licensed pilot to satisfactorily pilot vessels on the trips specified in this section. The trainee evaluation committee shall recommend to the board a series of eight trips to be made by each pilot in the last one hundred twenty days of each year of the license limitation periods specified in subsection (2) of this section, except that pilots whose license anniversary date is less than one hundred twenty days after the effective date of this section shall only be required to make three such trips prior to the first license anniversary subsequent to the effective date of this section. As to these trips, the trainee evaluation committee shall specify the size and type of the vessel; origin and destination, whether the transit is to include a docking, waterway transit or other particular maneuvering requirement, whether any tank vessel trips are to be made while in ballast or loaded and whether the trip shall be taken with training pilots, trainee evaluation committee member pilots or pilots with a specified experience level. To the extent practical, the trips shall be on vessels of at least a size that falls between the upper limit in the expiring license limitation and the upper limit in the upcoming license limitation period. All of these trips shall be complete trips between one port and another port, or between the pilot station and a port. The supervising pilots shall complete and submit to the board an evaluation form provided by the board for each trip a new pilot performs. (continued)