CCLME.ORG - Pilotage rules

(continued) rules and regulations shall apply as pertain to registered ships.

(9) Any state licensed pilot assigned to pilot a vessel entering, leaving, or shifting berths under its own power in any of the waters subject to the provisions of chapter 88.16 RCW shall before assuming pilotage obligations for such vessel obtain assurance from the master that the vessel meets all requirements for safe navigation and maneuvering. In addition, the pilot shall obtain assurance that the ship's officers will maintain navigation procedures by all navigational aids available to insure that the vessel's position is known at all times. If the pilot in his professional judgment considers the vessel to be incapable of safe navigation and maneuvering due to performance limitations, he shall refuse to assume the obligations of pilotage for such vessel until such limitations have been corrected and shall promptly notify the pilot's control station and the chairman of the board of pilotage commissioners of such action.

[Recodified as § 363-116-200. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: Chapter 88.16 RCW. 97-06-106, § 296-116-200, filed 3/5/97, effective 4/5/97; Order 73-6, § 296-116-200, filed 5/11/73; Order 2-68, § 296-116-200, filed 11/1/68; § 20, effective 11/25/58.]

--------------------------------------------------------------------------------

363-116-205
Vessel certification.
(1) Upon boarding a vessel in the Puget Sound pilotage district or Grays Harbor pilotage district, a pilot shall request on the form provided in WAC 296-116-2051 that the master of the vessel certify that: (a) The engine room is properly staffed, able to maneuver, and all related equipment is in good order; (b) there are no defects listed against the ship by the United States Coast Guard which would prevent it from sailing; (c) the vessel is not leaking oil; (d) the vessel is experiencing no propulsion or maneuvering difficulties.

If the master is unable to certify that all of the above conditions are met, he shall be asked to certify that the United States Coast Guard captain of the port has been notified of said deficiencies and has authorized the vessel to proceed.

If the master is unable or unwilling to certify that either of the above are the case, the pilot shall not offer pilotage services to said vessel. Instead, the pilot shall disembark from the vessel as soon as practicable, immediately inform the captain of the port of the conditions and circumstances by the best possible means and forward a written report to the board of pilotage commissioners no later than 24 hours after disembarking from the vessel. 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 shall be subject to the penalties provided in RCW 88.16.100 and 88.16.150.

(2) Upon boarding vessels in either the Puget Sound pilotage district or the Grays Harbor pilotage district, the pilot shall also request to see the vessel's SOLAS certificate, and the Federal Maritime Commission certificate of financial responsibility.

The pilot shall also inspect the following of the ship's equipment and conditions and indicate their suitability:

VHF radio, channels 13, 14; radar; gyrocompass; rudder angle indicator; whistle; wheelhouse staffed by an officer and helmsman, one of whom speaks English; local, up-to-date charts; and wheelhouse to engine room communications.

(3) The form appearing in WAC 296-116-2051 shall be used by pilots and masters in complying with the above requirements.

(4) Forms completed by masters and pilots which indicate that the vessel is in compliance and nondeficient shall be forwarded to the offices of the board of pilotage commissioners where they will be retained for a period of at least six months. Forms indicating a vessel not in compliance or deficient and forms upon which either the master or the pilot have failed to make the required certification shall be forwarded to the board of pilotage commissioners and retained for a period of at least twelve months.

[Recodified as § 363-116-205. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 82-13-087 (Order 82-10-049, Resolution No. 82-10-049), § 296-116-205, filed 6/23/82; 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-205, filed 10/18/79. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-205, filed 8/23/78.]

--------------------------------------------------------------------------------

363-116-2051
Vessel certification form.

Washington State Board of Pilotage Commissioners

Date:

Vessel Name:

Flag:
MASTER'S CERTIFICATION

I, . . . . . . . . . . ., Master of this vessel, certify the following information: Yes No
Is the engine room properly staffed, the engine able to maneuver, and all related equipment in good order?

Does this ship meet United States Coast Guard regulations governing safety and navigation?

Does this vessel comply with current international agreements governing safety and radio equipment?

Is this vessel leaking oil?

Is this vessel experiencing propulsion or maneuvering difficulties?

I have notified the United States Coast Guard Captain of the Port of any deficiencies noted above and he has authorized the vessel to proceed. Any such deficiencies will be corrected before the time the vessel is scheduled to leave the waters of Washington state.

. . . . . . . . . . . .
Master's Signature

PILOT'S REPORT

I, . . . . . . . . . . ., a pilot licensed by the state of Washington, certify that upon boarding the above-named vessel on this date I requested to see the following certificates:
CERTIFICATE
ACCEPTABLE
NOT READILY

AVAILABLE
UNACCEPTABLE

SOLAS Certificate

FMC Certificate of

Financial Responsibility

. . . . . . . . . . . .
Pilot's Signature

DEAD SHIP MOVEMENT

I, . . . . . . . . . . , owner, master, or agent's representative of this vessel, certify the following information:
Yes No
Is the vessel leaking oil?

Are the lights per COLREGS?

Are thru hull fittings secured?

Is the vessel in all respects seaworthy for transit?

. . . . . . . . . . . .
Owner, Master, or

Agent's Representative

[Recodified as § 363-116-2051. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.155(7). 92-08-052, § 296-116-2051, filed 3/26/92, effective 4/26/92. Statutory Authority: RCW 88.16.035 and 88.16.155. 83-16-032 (Order 83-4, Resolution No. 83-4), § 296-116-2051, filed 7/28/83. Statutory Authority: RCW 88.16.155. 79-11-097 (Order 79-6, Resolution No. 79-6), § 296-116-2051, filed 10/29/79. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), § 296-116-2051, filed 8/23/78.]

--------------------------------------------------------------------------------

363-116-300
Pilotage rates for the Puget Sound pilotage district.
Effective 0001 hours July 1, 2006, through 2400 hours June 30, 2007.

CLASSIFICATION RATE
Ship length overall (LOA)
Charges:
Per LOA rate schedule in this section.
Boarding fee: $43.00
Per each boarding/deboarding at the Port Angeles pilot station.
Harbor shift - Live ship (Seattle Port) LOA Zone I
Harbor shift - Live ship (other than Seattle Port) LOA Zone I
Harbor shift - Dead ship Double LOA Zone I
Towing charge - Dead ship: Double LOA Zone
LOA of tug LOA of tow beam of tow

Any tow exceeding seven hours, two pilots are mandatory. Harbor shifts shall constitute and be limited to those services in moving vessels from dock to dock, from anchorage to dock, from dock to anchorage, or from anchorage to anchorage in the same port after all other applicable tariff charges for pilotage services have been recognized as payable.

Compass Adjustment $310.00
Radio Direction Finder Calibration $310.00
Launching Vessels $466.00
Trial Trips, 6 hours or less (minimum $876.00) $146.00 per hour
Trial Trips, over 6 hours (two pilots) $291.00 per hour
Shilshole Bay ? Salmon Bay $182.00
Salmon Bay ? Lake Union $141.00
Lake Union ? Lake Washington (plus LOA zone from Webster Point) $182.00
Cancellation Charge LOA Zone I
Cancellation Charge ? Port Angeles: LOA Zone II
(When a pilot is ordered and vessel proceeds to a port outside the Puget Sound pilotage district without stopping for a pilot or when a pilot order is canceled less than twelve hours prior to the original ETA.)

Waterway and Bridge Charges:

Ships up to 90' beam:

A charge of $229.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle, south of Eleventh Street in any of the Tacoma waterways, in Port Gamble, or in the Snohomish River. Any vessel movements required to transit through bridges shall have an additional charge of $109.00 per bridge.

Ships 90' beam and/or over:

A charge of $311.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle and south of Eleventh Street in any of the Tacoma waterways. Any vessel movements required to transit through bridges shall have an additional charge of $217.00 per bridge.

(The above charges shall not apply to transit of vessels from Shilshole Bay to the limits of Lake Washington.)

Two or three pilots required:

In a case where two or three pilots are employed for a single vessel waterway or bridge transit, the second and/or third pilot charge shall include the bridge and waterway charge in addition to the harbor shift rate.

Docking Delay After Anchoring:

Applicable harbor shift rate to apply, plus $236.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof.

Sailing Delay:

No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof. The assessment of the standby fee shall not exceed a period of twelve hours in any twenty-four-hour period.

Slowdown:

When a vessel chooses not to maintain its normal speed capabilities for reasons determined by the vessel and not the pilot, and when the difference in arrival time is one hour, or greater, from the predicted arrival time had the vessel maintained its normal speed capabilities, a charge of $236.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.

Delayed Arrival ? Port Angeles:

When a pilot is ordered for an arriving inbound vessel at Port Angeles and the vessel does not arrive within two hours of its ETA, or its ETA is amended less than six hours prior to the original ETA, a charge of $236.00 for each hour delay, or fraction thereof, shall be assessed in addition to all other appropriate charges.

When a pilot is ordered for an arriving inbound vessel at Port Angeles and the ETA is delayed to six hours or more beyond the original ETA, a cancellation charge shall be assessed, in addition to all other appropriate charges, if the ETA was not amended at least twelve hours prior to the original ETA.

Tonnage Charges:

0 to 20,000 gross tons:

Additional charge to LOA zone mileage of $0.0073 a gross ton for all gross tonnage up to 20,000 gross tons.

20,000 to 50,000 gross tons:

Additional charge to LOA zone mileage of $0.0751 a gross ton for all gross tonnage in excess of 20,000 gross tons up to 50,000 gross tons.

50,000 gross tons and up:

In excess of 50,000 gross tons, the charge shall be $0.0900 per gross ton.

For vessels where a certificate of international gross tonnage is required, the appropriate international gross tonnage shall apply.

Transportation to Vessels on Puget Sound:

March Point or Anacortes $157.00
Bangor 153.00
Bellingham 181.00
Bremerton 135.00
Cherry Point 209.00
Dupont 97.00
Edmonds 35.00
Everett 59.00
Ferndale 199.00
Manchester 131.00
Mukilteo 53.00
Olympia 125.00
Point Wells 35.00
Port Gamble 185.00
Port Townsend (Indian Island) 223.00
Seattle 15.00
Tacoma 71.00

(a) Intraharbor transportation for the Port Angeles port area: Transportation between Port Angeles pilot station and Port Angeles harbor docks - $15.00.

(b) Interport shifts: Transportation paid to and from both points.

(c) Intraharbor shifts: Transportation to be paid both ways. If intraharbor shift is canceled on or before scheduled reporting time, transportation paid one way only.

(d) Cancellation: Transportation both ways unless notice of cancellation is received prior to scheduled reporting time in which case transportation need only be paid one way.

(e) Any new facilities or other seldom used terminals, not covered above, shall be based on mileage x $2.00 per mile.

Delinquent Payment Charge:

1 1/2% per month after 45 days from first billing.

Nonuse of Pilots:

Ships taking and discharging pilots without using their services through all Puget Sound and adjacent inland waters shall pay full pilotage fees on the LOA zone mileage basis from Port Angeles to destination, from place of departure to Port Angeles, or for entire distance between two ports on Puget Sound and adjacent inland waters.

Training Surcharge:

Effective October 1, 2005, a surcharge of $10.00 shall be added to each vessel assignment for establishing a fund for payment of pilot trainee stipends. Thereafter, an additional $10.00 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each vessel assignment. The need for the initial $10.00 surcharge will be reviewed at each regular tariff hearing, or at such other times as may be determined by the board, where need is determined by considering the funds then available for trainee stipends and the number of trainees projected to be in the training program receiving a stipend during the tariff year.

LOA Rate Schedule:

The following rate schedule is based upon distances furnished by National Oceanic and Atmospheric Administration, computed to the nearest half-mile and includes retirement fund contributions.

LOA ZONE ZONE ZONE ZONE ZONE ZONE
I II III IV V VI
Intra Harbor 0-30 Miles 31-50 Miles 51-75 Miles 76-100 Miles 101 Miles Over
Up to 449 227 351 600 894 1,204 1,562
450 - 459 236 358 604 908 1,224 1,570
460 - 469 238 362 613 923 1,240 1,577
470 - 479 247 372 621 941 1,244 1,580
480 - 489 253 379 624 959 1,251 1,587
490 - 499 257 384 632 976 1,267 1,595
500 - 509 270 391 642 988 1,276 1,605
510 - 519 272 398 649 1,002 1,290 1,610
520 - 529 275 412 657 1,007 1,301 1,624
530 - 539 284 417 666 1,018 1,322 1,642
540 - 549 289 423 681 1,029 1,343 1,657
550 - 559 294 438 686 1,044 1,353 1,673
560 - 569 305 455 699 1,053 1,366 1,689
570 - 579 311 459 702 1,058 1,380 1,700
580 - 589 324 466 718 1,066 1,389 1,717
590 - 599 340 476 723 1,071 1,409 1,737
600 - 609 351 490 732 1,075 1,426 1,746
610 - 619 371 495 746 1,080 1,440 1,761
620 - 629 386 502 751 1,092 1,456 1,782
630 - 639 404 510 760 1,095 1,469 1,797
640 - 649 419 522 769 1,097 1,481 1,810
650 - 659 449 531 782 1,107 1,499 1,829
660 - 669 458 537 789 1,112 1,515 1,844
670 - 679 474 551 797 1,132 1,533 1,854
680 - 689 481 560 808 1,142 1,546 1,872
690 - 699 495 569 820 1,162 1,562 1,911
700 - 719 517 588 835 1,177 1,592 1,933
720 - 739 548 604 856 1,193 1,624 1,965
740 - 759 569 632 872 1,204 1,657 2,000
760 - 779 591 653 894 1,224 1,689 2,027
780 - 799 621 682 908 1,240 1,717 2,062
800 - 819 646 702 926 1,247 1,746 2,093
820 - 839 666 727 947 1,267 1,782 2,118
840 - 859 694 756 965 1,281 1,809 2,154
860 - 879 720 782 983 1,314 1,844 2,185
880 - 899 746 805 1,002 1,345 1,872 2,217
900 - 919 768 831 1,019 1,379 1,911 2,248
920 - 939 791 856 1,044 1,409 1,931 2,278
940 - 959 820 878 1,059 1,440 1,965 2,306
960 - 979 839 904 1,078 1,469 2,000 2,341
980 - 999 867 926 1,096 1,499 2,027 2,370
1000 - 1019 919 986 1,145 1,579 2,122 2,473
1020 - 1039 944 1,014 1,180 1,624 2,186 2,546
1040 - 1059 972 1,039 1,215 1,673 2,249 2,621
1060 - 1079 1,002 1,076 1,250 1,724 2,319 2,699
1080 - 1099 1,032 1,107 1,288 1,773 2,387 2,780
1100 - 1119 1,061 1,140 1,327 1,828 2,458 2,864
1120 - 1139 1,094 1,176 1,368 1,881 2,532 2,949
1140 - 1159 1,126 1,209 1,407 1,938 2,609 3,038
1160 - 1179 1,159 1,244 1,450 1,996 2,686 3,129
1180 - 1199 1,195 1,282 1,492 2,056 2,768 3,223
1200 - 1219 1,231 1,321 1,536 2,118 2,850 3,318
1220 - 1239 1,267 1,360 1,582 2,181 2,934 3,417
1240 - 1259 1,304 1,400 1,629 2,246 3,023 3,519
1260 - 1279 1,343 1,441 1,678 2,313 3,114 3,625
1280 - 1299 1,383 1,486 1,729 2,383 3,205 3,734
1300 - 1319 1,425 1,528 1,779 2,453 3,302 3,845
1320 - 1339 1,468 1,574 1,834 2,527 3,400 3,961
1340 - 1359 1,510 1,622 1,889 2,602 3,502 4,080
1360 - 1379 1,556 1,669 1,944 2,681 3,606 4,200
1380 - 1399 1,602 1,719 2,004 2,760 3,714 4,328
1400 - 1419 1,650 1,771 2,061 2,842 3,825 4,457
1420 - 1439 1,699 1,824 2,124 2,928 3,941 4,590
1440 - 1459 1,751 1,879 2,189 3,014 4,059 4,727
1460 - 1479 1,800 1,934 2,252 3,105 4,180 4,868
1480 - 1499 1,855 1,991 2,320 3,197 4,304 5,013
1500 Over 1,911 2,052 2,389 3,295 4,432 5,163

[Statutory Authority: RCW 88.16.035. 06-12-009, § 363-116-300, filed 5/26/06, effective 7/1/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-300, filed 8/29/05, effective 10/1/05. Statutory Authority: RCW 88.16.035. 05-12-055, § 363-116-300, filed 5/26/05, effective 7/1/05; 04-12-014, § 363-116-300, filed 5/24/04, effective 7/1/04; 03-12-019, § 363-116-300, filed 5/28/03, effective 7/1/03; 02-12-008, § 363-116-300, filed 5/23/02, effective 7/1/02; 01-18-050, § 363-116-300, filed 8/30/01, effective 9/30/01; 01-12-032, § 363-116-300, filed 5/29/01, effective 7/1/01; 00-11-119, § 363-116-300, filed 5/22/00, effective 7/1/00; 99-12-027, § 363-116-300, filed 5/25/99, effective 7/1/99; 98-12-008, § 363-116-300, filed 5/22/98, effective 7/1/98; 97-12-017, § 363-116-300, filed 5/28/97, effective 7/1/97. Recodified as § 363-116-300. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 96-12-017, § 296-116-300, filed 5/29/96, effective 7/1/96; 95-12-018, § 296-116-300, filed 5/30/95, effective 7/1/95; 94-12-044, § 296-116-300, filed 5/27/94, effective 7/1/94; 93-12-133, § 296-116-300, filed 6/2/93, effective 7/3/93; 92-14-007, § 296-116-300, filed 6/19/92, effective 7/20/92; 91-11-074, § 296-116-300, filed 5/20/91, effective 6/20/91; 90-20-116, § 296-116-300, filed 10/2/90, effective 11/2/90; 90-08-095, § 296-116-300, filed 4/4/90, effective 5/5/90; 89-08-041 (Order 89-2, Resolution No. 89-2), § 296-116-300, filed 3/31/89. Statutory Authority: RCW 88.16.050. 88-05-039 (Order 88-1, Resolution No. 88-1), § 296-116-300, filed 2/16/88, effective 3/18/88. Statutory Authority: RCW 88.16.035(4). 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-300, filed 12/19/86; 86-19-066 (Order 86-6, Resolution No. 86-6), § 296-116-300, filed 9/16/86; 86-02-035 (Order 86-1, Resolution No. 86-1), § 296-116-300, filed 12/30/85; 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-300, filed 12/31/84; 84-04-006 (Order 84-1, Resolution No. 84-1), § 296-116-300, filed 1/20/84; 83-17-055 (Order 83-6, Resolution No. 83-6), § 296-116-300, filed 8/17/83; 82-13-065 (Order 82-4, Resolution No. 82-4), § 296-116-300, filed 6/16/82. Statutory Authority: RCW 88.16.035. 81-12-017 (Order 81-2, Resolution No. 81-2), § 296-116-300, filed 5/29/81; 80-06-084 (Order 80-1, Resolution No. 80-1), § 296-116-300, filed 5/28/80. Statutory Authority: RCW 88.16.035(4). 79-07-033 (Order 79-4, Resolution No. 79-4), § 296-116-300, filed 6/19/79. Statutory Authority: Chapter 88.16 RCW and 1977 ex. sess. c 337, §§ 1 and 4. 78-02-008 (Order 78-1), § 296-116-300, filed 1/6/78, effective 2/10/78; Order 77-18, § 296-116-300, filed 9/20/77, effective 11/1/77; Order 76-24, § 296-116-300, filed 7/22/76; Order 75-3, § 296-116-300, filed 2/10/75; Order 74-2, § 296-116-300, filed 1/8/74; Order 73-8, § 296-116-300, filed 6/20/73 and Emergency Order 73-10, filed 7/19/73, effective 8/14/73; Order 70-7, § 296-116-300, filed 7/16/70; 7/25/67; 2/18/64; 10/29/62; 12/28/60; 3/23/60.]

--------------------------------------------------------------------------------

363-116-315
Retirement disbursements.
Pilot associations having retirement plans, the expense of which is reimbursed through board established tariffs, shall make such payments to retired pilots as are required by the benefits and enforcement provisions of those plans.

[Recodified as § 363-116-315. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 91-06-033, § 296-116-315, filed 2/26/91, effective 3/29/91.]

--------------------------------------------------------------------------------

363-116-35001
Exemption from provisions of WAC 197-10-800.
The board of pilotage commissioners of the state of Washington has reviewed its authorized activities and found substantially all of them to be exempt from the provisions of chapter 197-10 WAC, with the exception of authority supplied by the 1975 legislature to the commission respecting additional tug shaft horsepower equivalencies which is a part of the "tug escort" 1975 amendments by chapter 125, Laws of 1975 1st ex. sess.

There is presently no intent to exercise this authority. Additionally, said act is currently under constitutional challenge. Thus, the commission indicates its intent that if, and when, any authority should be exercised pursuant to this provision, it would do so consistent with the guidelines contained within chapter 197-10 WAC insofar as practicable. (The referenced chapter being the regulations developed by the council on environmental policy.)

[Recodified as § 363-116-35001. 97-08-042, filed 3/28/97, effective 3/28/97; Order 76-14, § 296-116-350 (codified as WAC 296-116-35001), filed 5/6/76.]

--------------------------------------------------------------------------------

363-116-360
Exempt vessels.
(1) Under the authority of RCW 88.16.070, application may be made to the board of pilotage commissioners to seek exemption from the pilotage requirements for the operation of a limited class of small passenger vessels or yachts, which are not more than five hundred gross tons (international), do not exceed two hundred feet in length, and are operated exclusively in the waters of the Puget Sound pilotage district and lower British Columbia. For purposes of this section, any vessel carrying passengers for a fee, including yachts under charter where both the vessel and crew are provided for a fee, shall be considered a passenger vessel.

The owners or operators of the vessel for which exemption is sought must:

(a) Complete and file with the board a petition requesting an exemption at least sixty days prior to planned vessel operations in the Puget Sound pilotage district where possible. Petitions filed with less than sixty days notice may be considered by the chair at the chair's discretion.

(b) The petition requesting exemption shall be on a board-approved form which shall include a description of the vessel, the contemplated use of vessel, the proposed area of operation, the names and addresses of the vessel's owner and operator, the dates of planned operations, and such other information as the board shall require on its petition form.

(c) Pay the appropriate initial application or renewal fee with the submittal of the petition, which is listed in subsection (5) of this section.

(2) All petitions for exemption filed with the board shall be reviewed by the chair, who shall make a recommendation to the board to be considered at its next regularly or specially scheduled meeting. Consistent with the public interest, the chair may grant an interim exemption to a petitioner subject to final approval at the next board meeting, where special time or other conditions exist. Any grant of an interim exemption may contain such conditions as the chair deems necessary to protect the public interest in order to prevent the loss of human life and property and to protect the marine environment of the state of Washington.

Such conditions may include a requirement that the vessel employ the services of a pilot on its initial voyage into Puget Sound waters or that the master of the vessel at all times hold as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than sixteen hundred gross tons or as a master of inland steam or motor vessels of not more than five hundred gross tons, such license to include a current radar endorsement.

(3) The recommendation of the chair shall be considered at the next regular or specially scheduled meeting of the board. Interested parties shall receive notice and opportunity for hearing at that time, provided that the party notifies the board at least five days in advance of the meeting of its desire for hearing.

(4) The board shall annually, or at any other time when in the public interest, review any exemptions granted to the specified class of small vessels to ensure that each exempted vessel remains in compliance with the original exemption and any conditions to the exemption. The board shall have the authority to revoke such exemption when there is not continued compliance with the requirements for exemption.

(5) Fee Schedule for Petitioners for Exemption

3 Months

or Less 1 Year

or Less Annual

Renewal
A. Yachts
Up to 100 feet LOA $ 300 $ 500 $ 200
Up to 200 feet LOA 500 750 300

B. Passenger Vessels
Up to 100 feet LOA 750 1000 400
Up to 200 feet LOA 1250 1500 500

[Statutory Authority: RCW 88.16.070 and 1995 c 174. 97-12-018, § 363-116-360, filed 5/28/97, effective 6/28/97. Recodified as § 363-116-360. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.070. 93-07-077, § 296-116-360, filed 3/18/93, effective 4/18/93; 90-20-039, § 296-116-360, filed 9/25/90, effective 10/26/90; 88-09-015 (Order 88-6, Resolution No. 88-6), § 296-116-360, filed 4/13/88.]

--------------------------------------------------------------------------------

363-116-365
Docking and undocking of certain vessels by the vessels' masters.
On a passenger vessel not requiring a tug for docking or undocking, the master of the vessel may maneuver the vessel into or out of its berth under the following procedures and conditions:

(1) The master may not commence maneuvering the vessel until the express consent of the pilot has been given;

(2) Any such consent shall be on a case-by-case basis and be valid only for that specific berthing or departure;

(3) The master may not delegate maneuvering responsibility for the vessel to an officer other than the vessel's staff captain;

(4) The exact location for the exchange of maneuvering responsibilities between the pilot and the master must be part of the consent and the exchange must always occur in close proximity (approximately the vessel's length, but not to exceed twice the vessel's length) to the vessel's berth; and

(5) While the master is maneuvering the vessel pursuant to this section, the pilot shall remain available to advise and assist the master and the master shall be responsible for keeping the pilot informed as to all material aspects of the master's maneuvering of the vessel.

[Statutory Authority: RCW 88.16.035. 03-09-097, § 363-116-365, filed 4/21/03, effective 5/22/03.]

--------------------------------------------------------------------------------

363-116-370
System of specified disciplinary or corrective actions.
When a pilot has received multiple disciplinary actions pursuant to RCW 88.16.100 (1) and/or (2) within any two-year period, the board shall evaluate the pilot and prepare and personally serve upon him a notice advising of the board's intended action, the specific ground therefore, and the right to request a hearing pursuant to RCW 88.16.100(4) to challenge the board's action. Such intended action may include the temporary suspension of the pilot from duties until such pilot has satisfactorily completed subsection (1) or (2) of this section:

(1) An approved course-of-study which may include navigation training and testing; or

(2) Any remedial activity or treatment designated by the board to assure fitness and competence for full pilotage duties.

In ordering such disciplinary action, the board shall take into account both the causes of the previous disciplinary actions and the pilot's previous record.

Failure to enter into such corrective action within thirty days of the board's action may be cause for revocation of the pilot's license.

In the event of a temporary license suspension, license reinstatement and resumption of pilotage duties shall not be authorized until the board has reviewed completed activity and formally extended approval. Such approval shall not be unreasonably withheld by the board and shall be reviewed and acted upon within five days of the completion of the activity.

[Recodified as § 363-116-370. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.100. 88-14-062 (Order 88-14, Resolution No. 88-14), § 296-116-370, filed 7/1/88.]

--------------------------------------------------------------------------------

363-116-400
Procedure for request by steamship company or agent that certain pilots not be assigned to certain vessels for specific safety reasons.
When a steamship company or agent believes a particular pilot should not be assigned to pilot that company's vessels for specific safety reasons, a detailed written request, limited to specific safety concerns, may be submitted to the board. In order to be considered, the request must be submitted within ten days of the alleged act or omission causing their specific safety concern.

The board shall investigate the request and shall conduct a hearing at a regularly scheduled board meeting not more than sixty days following receipt of the request and notification of interested persons. The pilot shall be notified in writing and provided with documentation in accordance with WAC 296-11-450. The board shall notify the steamship company or agent and pilot in writing of its subsequent decision and reasons therefore.

In the event that the request is approved, the board shall give the affected pilot a specific list of vessels for which that pilot shall not provide pilotage services as well as the length of time covering such restriction.

[Recodified as § 363-116-400. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 88-09-016 (Order 88-7, Resolution No. 88-7), § 296-116-400, filed 4/13/88.]

--------------------------------------------------------------------------------

363-116-405
Relieving pilots for cause.
A pilot serving on a vessel required by chapter 88.16 RCW to employ a state licensed pilot may be relieved from his or her piloting duties by the ship's master only for cause as provided herein. The master may relieve a pilot only if the pilot is manifestly incompetent or incapacitated or if the vessel is endangered or in extremis due to the pilot's error. If a pilot is relieved for cause under this section another pilot shall be requested and dispatched. In such event, the master shall immediately put the ship to anchor, to the extent it can be done safely, and await the substitute pilot. If anchoring is not possible or prudent, the master shall slow the vessel to the slowest prudent speed until another pilot can be put on board. To the extent possible and practical, after being relieved of his or her duties, the pilot shall remain available to advise and assist the master. In the event a pilot is relieved as provided in this section in the Puget Sound pilotage district, the U.S. Coast Guard vessel traffic system shall be notified immediately. In the event a pilot is relieved as provided in this section in any pilotage district, the vessel and the pilot promptly shall provide notice to the board of the event and relevant circumstances.

[Statutory Authority: RCW 88.16.035. 03-09-096, § 363-116-405, filed 4/21/03, effective 5/22/03.]

--------------------------------------------------------------------------------

363-116-410
Definition of Grays Harbor pilotage district.
The Grays Harbor pilotage district shall have an outer boundary line between Grays Harbor and Willapa Harbor and the high seas which shall be seaward of a line from Point Brown rear range light to Grays Harbor entrance lighted whistle buoy number three, (latitude N 46-55.00, longitude 124-14.42 W), thence to Grays Harbor entrance lighted whistle buoy number two (latitude N 46-52.43, longitude 124-12.35 W), thence to Grays Harbor light and from the Willapa Bay light to the Willapa Bay approach lighted whistle buoy "W" (latitude N 46-41.50, longitude 124-10.46 W), thence to the charted northernmost position of Leadbetter Point.

[Recodified as § 363-116-410. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.050. 88-09-017 (Order 88-8, Resolution No. 88-8), § 296-116-410, filed 4/13/88.]

--------------------------------------------------------------------------------

363-116-420
Summary/temporary license suspension.
Summary/temporary suspension of a pilot's license may be made by the chairperson or vice-chairperson of the board of pilotage commissioners when:

(1) A pilot has been involved in any vessel accident where there has been major property damage, loss of life, or loss of a vessel; or

(2) Where there is a reasonable cause to believe that a pilot has diminished capacity or is under the influence of drugs, alcohol, or other substances; and

(3) Such an accident or physical or mental impairment would significantly diminish that pilot's ability to carry out pilotage duties and that the public health, safety, and welfare requires such emergency action. Notification of this suspension shall be made directly to the pilot and the appropriate pilot's association.

Within seventy-two hours an emergency board meeting will be held to determine whether to continue such suspension. In the event the suspension is continued pending proceedings for revocation or other action, an order shall be immediately prepared and notice shall be personally served upon the pilot advising of the board's action.

These further proceedings shall be promptly instituted in the office of administrative hearings.

All final decisions of the administrative law judge shall be subject to review by the superior court of the state of Washington for Thurston County or by the superior court of the county in which the pilot maintains his residence or principal place of business, to which court any case with all the papers and proceedings therein shall be immediately certified by the administrative law judge if requested to do so by any party to the proceedings at any time within thirty days after the date of such final decision. No appeal may be taken after the expiration of thirty days after the date of final decision.

[Recodified as § 363-116-420. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.100. 88-10-040 (Order 88-12, Resolution No. 88-12), § 296-116-420, filed 5/3/88.]

--------------------------------------------------------------------------------

363-116-500
Tug escort requirements for oil tankers.
(1) RCW 88.16.190(2) requires the escort of a tug or tugs for all oil tankers 40,000 DWT or greater when not in ballast. For purposes of that provision only, deadweight tonnage shall be the maximum summer deadweight tonnage that was assigned to the vessel at the time of construction as reported in Lloyd's Register of Ships. Unless the vessel was structurally altered and remeasured to less than 40,000 DWT, this original deadweight tonnage shall be used for purposes of determining if the vessel requires the appropriate tug escort.

(2) It shall be a violation of this regulation to provide pilotage services to an oil tanker not in compliance with this rule when the pilot has actual knowledge of the noncompliance.

(3) Oil tankers found to be in violation of the provisions of this regulation shall be subject to the provisions of RCW 88.16.150.

(4) The deadweight tonnage provision of this rule is to be used solely for determining the required use of a tug escort.

[Recodified as § 363-116-500. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.190(2). 94-07-079, § 296-116-500, filed 3/16/94, effective 4/16/94.]