Last Update: 11/23/16

Chapter 363-116 WAC

PILOTAGE RULES

WAC Sections

Time and place of meeting.
Special meeting.
Emergency meeting.
Records.
Personnel.
Number of pilots.
Collection of fees.
Qualifications for pilot applicants.
Examination for pilot applicants.
Simulator evaluation for pilot applicants.
Training program.
Licensing of pilots.
Rest period.
Limitations on new pilots.
Written examination protest and appeal procedures.
Simulator evaluation review and appeal procedures.
Association bylaws.
Challenges to board actions concerning licensing determinations and appeal procedures.
Details and requirements of annual license fee payment, physical examination report and reinstatement application for licensed pilots.
Sanctions for drug and alcohol offenders.
Job descriptionPhysical examinationHealth requirements.
Limitations.
Pilotage station.
Tariff proposals.
Pilotage rates for the Grays Harbor pilotage district.
Duties of pilots.
Vessel certification.
Vessel certification form.
Pilotage rates for the Puget Sound pilotage district.
Retirement disbursements.
Exemption from provisions of WAC 197-10-800.
Exempt vessels.
Docking and undocking of certain vessels by the vessels' masters.
System of specified disciplinary or corrective actions.
Procedure for request by steamship company or agent that certain pilots not be assigned to certain vessels for specific safety reasons.
Relieving pilots for cause.
Definition of Grays Harbor pilotage district.
Summary/temporary license suspension.
Tug escort requirements for oil tankers.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
363-116-075
Qualifications for pilot applicants taking examinations before July 1, 2008. [Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-075, filed 8/29/05, effective 10/1/05. WSR 97-08-042, recodified as § 363-116-075, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090(2). WSR 92-15-064, § 296-116-075, filed 7/14/92, effective 8/14/92. Statutory Authority: RCW 88.16.035(2). WSR 90-17-094, § 296-116-075, filed 8/20/90, effective 9/20/90. Statutory Authority: RCW 88.16.090. WSR 82-15-026 (Order 82-6, Resolution No. 82-6), § 296-116-075, filed 7/14/82.] Repealed by WSR 08-15-119, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2008 c 128.
363-116-150
Registration of operators. [WSR 97-08-042, recodified as § 363-116-150, filed 3/28/97, effective 3/28/97; Order 2-68, § 296-116-150, filed 11/1/68; § 15, effective 11/25/58.] Repealed by WSR 08-15-119, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2008 c 128.


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 9:30 a.m. in the offices of the Washington state ferries, Seattle, Washington, 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-010, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-010, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.155. WSR 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.]



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.
[WSR 97-08-042, recodified as § 363-116-020, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 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. WSR 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.]



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.
[WSR 97-08-042, recodified as § 363-116-030, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 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. WSR 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.]



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



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.
[WSR 97-08-042, recodified as § 363-116-060, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.155. WSR 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.]



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. WSR 05-18-021, § 363-116-065, filed 8/29/05, effective 10/1/05.]



363-116-070
Collection of fees.

All pilots shall pay an annual license fee of six thousand five hundred dollars or such amount as may be set by statute 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 one thousand 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: Chapter 88.16 RCW. WSR 10-24-085, § 363-116-070, filed 11/30/10, effective 12/31/10. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-070, filed 7/21/08, effective 8/21/08. Statutory Authority: RCW 88.16.090 and 88.16.035. WSR 07-17-128, § 363-116-070, filed 8/20/07, effective 9/20/07. Statutory Authority: RCW 88.16.090. WSR 04-14-017, § 363-116-070, filed 6/28/04, effective 7/29/04. WSR 97-08-042, recodified as § 363-116-070, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090 and 1995 c 175. WSR 97-06-105, § 296-116-070, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 88.16.035. WSR 88-14-063 (Order 88-13, Resolution No. 88-13), § 296-116-070, filed 7/1/88. Statutory Authority: RCW 88.16.090. WSR 85-15-032 (Order 85-1, Resolution No. 85-1), § 296-116-070, filed 7/12/85; WSR 84-11-056 (Order 84-4, Resolution No. 84-4), § 296-116-070, filed 5/18/84. Statutory Authority: RCW 88.16.035. WSR 82-24-010 (Order 82-8, Resolution No. 82-8), § 296-116-070, filed 11/18/82; WSR 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. WSR 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.]



363-116-0751
Qualifications for pilot applicants.

(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. Pilot 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, a pilot 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 pilot applicant was actively engaged in piloting and docking vessels 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 with no other responsibilities (either when piloting or not piloting) as a member of the ship's crew; 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 pilot 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; or
(c) Two years of service as master of special purpose vessels of not less than 1600 GRT or 3000 GT (ITC) while holding a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC), provided that the sea time making up the sea service was spent in charge of a vessel that can be documented to have been underway and to have required the type of ship-handling, navigation and leadership skills that the board finds necessary to provide the experience needed to become a pilot. Evaluation of service time on special purpose vessels shall be made by the board on a case-by-case basis and shall not be approved unless the board finds the service to be the substantial equivalent of the sea service required in subsection (1)(a) and (b) of this section or (a) and (b) of this subsection (2). The determination of the board as to the suitability of service as master of a special purpose vessel will be final.
(3) 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.
(g) Master shall refer to the person of master's rank on the vessel's station bill or muster list or other such document who, in the event of an emergency or the sounding of a general alarm, is required to be on the bridge and in charge. If there is no such designation, the term master shall refer to the person of master's rank and pay who is ultimately in charge of the navigation of the vessel as reflected in the vessel's official log book, or there being no official log book, the bridge log of the vessel.
(4) It will be the responsibility of the pilot applicant to provide adequate documentation to enable the board to set forth and verify sea service in the manner specified in the board's application form.
The board will not provide applicants with a final determination verifying service until it receives an application form. An applicant will not get official notification of whether he/she qualifies to sit for the examination until the board reviews a formal application. In the event an applicant is working on a vessel other than one of the five specified in subsection (1)(a) of this section, e.g., a special purpose vessel, he/she will be required to provide the board with sufficient documentation to demonstrate to the board the amount of time involved in the navigation of a vessel underway.
[Statutory Authority: Chapter 88.16 RCW. WSR 12-05-064, § 363-116-0751, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-0751, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-0751, filed 8/29/05, effective 10/1/05.]



363-116-076
Examination for pilot applicants.

(1) Pilot applicants must pass a written examination given and graded by the board or the board's designated contracting entity. The board, in consultation with its designated contracting entity, will develop the written examination and set the minimum passing or "cut" score in conformance with a psychometrically validated process. 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.
The notice shall indicate which pilotage district or districts the examination is for and, if for both districts, the notice shall make it clear that applicants can elect to apply for a license in one or both of the districts. If an exam is given for both the Grays Harbor and Puget Sound pilotage districts, the applicants shall be graded and evaluated as one applicant pool.
(2) The examination may be taken by all pilot applicants who the board has determined have met the qualifications of WAC 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. The application shall specify whether the applicant is applying for the Puget Sound pilotage district, the Grays Harbor pilotage district or both.
(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 a pilot applicant who is unable to sit for the written examination.
(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 pilot 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;
(r) Maneuvering behavior for different vessel types; and
(s) Impact of propulsion and maneuvering machinery on vessel navigation.
(4) The board may require that the cost of the written examination will be at the expense of the pilot applicant.
[Statutory Authority: Chapter 88.16 RCW. WSR 12-05-064, § 363-116-076, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-076, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-076, filed 8/29/05, effective 10/1/05.]



363-116-077
Simulator evaluation for pilot applicants.

(1) Pilot applicants who pass a written examination and whose scores are among the top twenty (or such other number as may be set by the board) of those taking the written examination (plus any pilot 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 may be recorded. In this evaluation pilot applicants shall be observed by available board members but shall be evaluated only by those available 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. 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 Washington or another state. If the evaluation is for applicants to both the Grays Harbor and Puget Sound pilotage district, the applicants shall be evaluated as one applicant pool.
(3) All pilot 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 pilot applicant is applying.
(4) The board, in consultation with its designated contracting entity, shall develop this simulator examination, determine the scoring method, the minimum passing or "cut" score, and the relative weight of this score to the whole examination in conformance with a psychometrically validated process.
(5) The board may require that the cost of the simulator evaluation will be at the expense of the pilot applicant.
[Statutory Authority: Chapter 88.16 RCW. WSR 12-05-064, § 363-116-077, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-077, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-077, filed 8/29/05, effective 10/1/05.]



363-116-078
Training program.

After passing the written examination and simulator evaluation, pilot applicants pursuing a pilot license will be put on a list for the applicable pilotage district(s) and must enter and successfully complete a training program specified by the board.
(1) Notification. Pilot applicants on a list as described in subsection (2) of this section, waiting to enter a training program shall provide the board with a current address to be used for notification for entry into a training program. Such address shall be a place at which mail is delivered. In addition, a pilot applicant may provide the board with other means of contact such as a phone number, fax number, and/or an email address. The mailing address will, however, be considered the primary means of notification by the board. It will be the responsibility of the pilot applicant to ensure that the board has a current mailing address at all times. If a pilot 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 pilot applicant's behalf regarding such notice. If notice sent to the address provided by the pilot applicant is returned after three attempts to deliver, that pilot applicant will be skipped and the next pilot applicant on the list will be contacted for entry into a training program. A person so skipped will remain next on the list. A pilot applicant or his/her designated attorney in fact shall respond within fifteen calendar days of receipt of notification to accept, refuse, or request a delayed entry into a training program.
(2) Entry. At such time that the board chooses to start a pilot applicant or applicants in a training program for a pilotage district, notification shall be given as provided in this section. Pilot applicants shall be ranked in accordance with a point system established by the board to assess overall performance on the written examination and simulator evaluation. Applicants shall be eligible to enter a training program for a pilotage district in the order of such rankings or as otherwise may be determined by the board. A pilot applicant who refuses entry into a program will be removed from the waiting list with no further obligation by the board to offer a position in that district's training program to such pilot applicant. If the pilot applicant applied for a license in the other pilotage district when applying for the written examination, the applicant shall remain available for that other district's training program in accordance with his/her position on that list.
(a) A pilot applicant who is not able to start a training program within two months of the board's specified entry date may, with written consent of the board, delay entry into that training program. When an applicant delays entry into a training program by more than two months, the board will give notice to the next pilot applicant on the list for that pilotage district to enter a training program. The pilot applicant who delays entry, shall remain eligible for the next position in that district, provided that the next position becomes available within the earlier of:
(i) Four years from the pilot applicant's taking the written examination; or
(ii) The date scheduled for the next pilotage examination for the district.
(b) A pilot applicant not able to start in a training program within two months of the board's specified entry date and who does not obtain the board's written consent to delay entry into a training program shall no longer be eligible for that district's 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 pilot applicants must pass a physical examination by a board-designated physician and in accordance with the requirements of WAC 363-116-120 for initial pilot 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 pilot applicant's fitness to pilot. The physical examination must be taken not more than ninety days before issuance of the training license. Holders of a training license will be required to pass a general physical examination annually within ninety days prior to the anniversary date of that license. Training license physical examinations will be at the expense of the pilot applicant. All training licenses shall be signed by the chairperson or his/her designee and shall have an expiration date. 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 a training program as set forth in this section, the pilot applicant shall meet with the trainee evaluation committee (TEC) for the purpose of devising a training program for that pilot applicant. The training program shall be tailored to the ability and experience of the individual pilot applicant and shall consist of observation trips, training trips and evaluation trips, and such other forms of learning and instruction that may be designated. The TEC shall recommend a training program for adoption by the board. After adoption by the board, it will be presented to the pilot applicant. If the pilot applicant agrees in writing to the training program, the board shall issue a training license to the pilot applicant, which license shall authorize the pilot applicant to take such actions as are contained in the training program. If the pilot applicant does not agree to the terms of a training program in writing within fifteen business days of it being mailed to the applicant by certified mail, return receipt requested, that pilot applicant shall no longer be eligible for entry into that pilotage district's training program and the board may give notice to the next available pilot applicant that he/she is eligible for entry into a training program pursuant to the terms in subsections (1) and (2) of this section.
(5) Initial route.
(a) The trainee evaluation committee (TEC) shall assign an initial route between a commonly navigated port or terminal and the seaward boundary of the pilotage district to each trainee at the beginning of his/her training program.
(b) Unless an extension of time is granted by the board, within eight months of the beginning of the training program if the trainee is on stipend or within fifteen months of the beginning of the training program if the trainee is not on stipend, the trainee must:
(i) Take and pass all conning quizzes provided by the board applicable to the assigned route. These quizzes can be repeated as necessary, provided that they may not be taken more than once in any seven-day period and further provided that they must be successfully passed before the expiration date time period specified in (b) of this subsection; and
(ii) Take and pass the local knowledge examinations provided by the board applicable to the assigned route. These examinations can be repeated as necessary, provided that they may not be taken more than once in any seven-day period and further provided that they must be successfully passed before the expiration date time period specified in (b) of this subsection; and
(iii) Possess a first class pilotage endorsement without tonnage or other restrictions on his/her United States Coast Guard license to pilot on the assigned initial route.
(6) Specification of trips. To the extent possible, a training program shall provide a wide variety of assignments, observation, training and evaluation trips. A 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 (TEC) or with pilots of specified experience. In the Puget Sound pilotage district, pilot trainees shall complete a minimum of one hundred fifty trips. The board shall set from time to time the minimum number of trips for pilot trainees in the Grays Harbor pilotage district. The total number of trips in a training program shall be established by the board based on the recommendation of the TEC. The board will ensure that during a training program the pilot trainee will get significant review by training pilots and the pilot members of the TEC.
(7) Length of training program. The board shall set the minimum length of a training program provided that it will not be less than eight months in the Puget Sound pilotage district.
(8) Local knowledge. A training program shall provide opportunities for the education of pilot trainees and shall provide for testing of pilot trainees on the local knowledge necessary to become a pilot. This education program shall be developed by the trainee evaluation committee (TEC) and recommended to the board for adoption, in the form of a policy statement, and shall be tailored to the needs of the individual pilot trainee. It shall be the responsibility of the pilot trainee to obtain the local knowledge necessary to be licensed as a pilot in the pilotage district for which he/she is applying. Prior to the completion of a training program, the board, or its designee, may give such local knowledge examination(s) as it deems appropriate to the pilot trainees who shall be required to pass such examination(s) before completing a training program. The TEC may require a pilot trainee to sit for a local knowledge examination provided the TEC informs the pilot trainee in writing sixty days in advance of the scheduled date of the examination. Failure to sit for the examination on the date scheduled may constitute cause for removal from the training program. The TEC may also establish in writing such interim performance requirements as it deems necessary. 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 seven-day period and all required local knowledge examinations must be successfully passed before the expiration date of the training program. The local knowledge required of a pilot trainee and 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) Local ship assist and escort tug characteristics;
(w) Tanker escort rules - State and federal;
(x) Use of anchors and knowledge of ground tackle;
(y) Applicable federal and state marine and environmental safety law requirements;
(z) Marine security and safety zone concerns;
(aa) Harbor safety plan and harbor regulations;
(bb) Chapters 88.16 RCW and 363-116 WAC, and other relevant state and federal regulations in effect on the date the examination notice is published pursuant to WAC 363-116-076; and
(cc) Courses in degrees true and distances in nautical miles and tenths of miles between points of land, navigational buoys and fixed geographical reference points, and the distance off points of land for such courses as determined by parallel indexing along pilotage routes.
(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 for pilots in place by federal or state law or regulation or any other rest requirements contained in a training program. 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 pilot training assignment.
(10) Stipend.
(a) At the initial meeting with the trainee evaluation committee (TEC) the pilot trainee shall indicate whether he/she wishes to receive a stipend during their training program. In the Puget Sound pilotage district, as a condition of receiving such stipend, pilot trainees will agree to forego during their training program other full- or part-time employment which prevents them from devoting themselves on a full-time basis to the completion of their training program. With the consent of the board and, if necessary, the restructuring of their training program, pilot trainees may elect to change from a stipend to nonstipend status, and vice versa, during their training program. In the Puget Sound pilotage district 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 in the tariffs levied pursuant to WAC 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 and pursuant thereto shall be paid to pilot trainees as set forth below:
(b) In the Grays Harbor pilotage district the stipend paid to pilot trainees shall be determined by the board and shall be contingent upon the board's receipt of funds, from any party collecting the tariff or providing funds, sufficient to cover the expense of the stipend and shall be paid from a pilot training account as directed by the board and pursuant thereto shall be paid to pilot trainees as set forth below:
Determinations as to stipend entitlement will be made on a full calendar month basis and documentation of trips will be submitted to the board by the fifth day of the following month. The stipend will be paid on an all or nothing basis for each month except that prorations shall be allowed at the rate of two hundred dollars per day (or such other amount as may be set by the board from time to time), under the following circumstances:
(i) For the first and last months of a training program (unless the training program starts on the first or ends on the last day of a month); or
(ii) For a pilot trainee who is deemed unfit for duty by a board-designated physician during a training month; or
(iii) For a pilot trainee who requests a change from a nonstipend status to a stipend status, or from a stipend status to a nonstipend status as set forth in (g) of this subsection.
(c) In the Puget Sound pilotage district a minimum of eighteen trips are required each month for eligibility to receive the stipend. In the Grays Harbor pilotage district the minimum number of trips each month for eligibility to receive the stipend is seventy percent or such number or percentage of trips that may be set by the board of the total number of vessel movements occurring in this district during that month. Only trips required by the training program can be used to satisfy these minimums. Trips will be documented at the end of each month.
(d) It is the pilot trainee's responsibility to make all hard-to-get trips before the end of the training program. If a training program is extended due to a failure to get all of these trips, the board may elect not to pay the stipend if the missing trips were available to the pilot trainee but not taken.
(e) The TEC with approval by the board may allocate, assign or specify training trips among multiple pilot trainees. Generally, the pilot trainee who entered his/her training program earlier has the right of first refusal of training trips provided that the TEC may, with approval by the board, allocate or assign training trips differently as follows:
(i) When it is necessary to accommodate any pilot trainee's initial route;
(ii) When it is necessary to spread hard-to-get trips among pilot trainees so that as many as possible complete required trips on time. If a pilot trainee is deprived of a hard-to-get trip by the TEC, that trip will not be considered "available" under (c) of this subsection. However, the pilot trainee will still be required to complete the minimum number of trips for the month in order to receive a stipend, and the minimum number of trips as required to complete his/her training program;
(f) If a pilot trainee elects to engage in any full-or part-time employment, the terms and conditions of such employment must be submitted to the TEC for prior determination by the board of whether such employment complies with the intent of this section prohibiting employment that "prevents (pilot trainees) from devoting themselves on a full-time basis to the completion of the training program."
(g) If a pilot trainee requests to change to a nonstipend status as provided in this section such change shall be effective for a minimum nonstipend period of thirty days, provided that before any change takes effect the board and the pilot trainee must agree in writing on the terms of a revised training program.
(h) 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. In the Grays Harbor pilotage district, if there is no separate training surcharge in the tariff, any organization collecting the pilotage tariff levied by WAC 363-116-185 shall transfer sufficient funds to pay the stipend 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 surcharge 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 surcharges. The board shall direct the disposition of all funds in the account.
(11) Trainee evaluation committee. There is hereby created a trainee evaluation committee (TEC) to which members shall be appointed by the board. The TEC shall include at a minimum: Three active licensed Washington state pilots, who, to the extent possible, shall be from the pilotage 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 (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 other member of the board who is not a pilot. The TEC may include such other persons as may be appointed by the board. The TEC shall be chaired by a pilot member of the board and shall meet as necessary to complete the tasks accorded it. In the event that the TEC cannot reach consensus with regard to any issue it shall report both majority and minority opinions to the board.
(12) Training pilots. The board shall designate as training pilots those pilots who are willing to undergo such specialized training as the board may require and provide. 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 (TEC) shall also be training pilots.
(13) Training and assessment. Before, during and after a pilot trainee pilots a vessel under the supervision of a pilot on a training trip, 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. On an evaluation trip, this communication will normally occur after completion of the trip. After each trip, the supervising pilot shall complete a trip report form provided by the board. Trip report forms prepared by licensed pilots who are not training pilots shall be used by the trainee evaluation committee (TEC) and the board for assessing a pilot trainee's progress, providing guidance to the pilot trainee and for making alterations to a training program. The use of trip report forms prepared by licensed pilots who are not training pilots shall be appropriately weighed by the board and the TEC when making licensing decisions and recommendations. All trip report 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 pilot trainee, but the pilot trainee has no right to see the form until it is filed with the board. The TEC shall review these trip report forms from time to time and the chairperson of the TEC shall report the progress of all pilot trainees at each meeting of the board. If it deems it necessary, the TEC may recommend, and the board may make, changes from time to time in the training program requirements applicable to a pilot trainee, including the number of trips in a training program.
(14) Termination of and removal from a training program. A pilot trainee's program may be immediately terminated and the trainee removed from a 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 a training program;
(f) Inadequate performance on examinations or other actions required by a training program;
(g) Failure to complete the initial route requirements specified in subsection (5) of this section within the time periods specified;
(h) Inadequate, unsafe, or inconsistent performance in a training program and/or on training trips as determined by the supervising pilots, the trainee evaluation committee (TEC) and/or the board; or
(i) Violation of a training program requirement, law, regulation or directive of the board.
(15) Completion of a training program shall include the requirement that the pilot trainee:
(a) Successfully and timely 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. WSR 13-08-025, § 363-116-078, filed 3/27/13, effective 4/27/13; WSR 12-05-064, § 363-116-078, filed 2/15/12, effective 3/17/12; WSR 10-04-100, § 363-116-078, filed 2/3/10, effective 3/6/10. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-078, filed 7/21/08, effective 8/21/08. Statutory Authority: RCW 88.16.105. WSR 06-20-107, § 363-116-078, filed 10/4/06, effective 11/4/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-078, filed 8/29/05, effective 10/1/05.]



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, as determined by the board;
(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 a 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 a training program the trainee evaluation committee (TEC) 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 pilotage 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. WSR 12-05-064, § 363-116-080, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-080, filed 8/29/05, effective 10/1/05. WSR 97-08-042, recodified as § 363-116-080, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035(2). WSR 92-14-070, § 296-116-080, filed 6/26/92, effective 7/27/92. Statutory Authority: RCW 88.16.090(2). WSR 90-23-080, § 296-116-080, filed 11/20/90, effective 12/21/90. Statutory Authority: RCW 88.16.090. WSR 89-18-045 (Order 89-7, Resolution No. 89-7), § 296-116-080, filed 8/31/89, effective 10/1/89; WSR 88-10-037 (Order 88-9, Resolution No. 88-9), § 296-116-080, filed 5/3/88. Statutory Authority: RCW 88.16.035. WSR 86-07-010 (Order 86-2, Resolution No. 86-2), § 296-116-080, filed 3/10/86. Statutory Authority: RCW 88.16.090. WSR 82-15-028 (Order 82-7, Resolution No. 82-7), § 296-116-080, filed 7/14/82; WSR 81-21-019 (Order 81-4, Resolution No. 81-4), § 296-116-080, filed 10/13/81. Statutory Authority: RCW 88.16.035. WSR 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-080, filed 3/4/80; WSR 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-080, filed 10/18/79; WSR 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.]



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.
[WSR 97-08-042, recodified as § 363-116-081, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 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.]



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 liquefied petroleum 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 license upgrade 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. 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.
(4) Grays Harbor pilotage district - License limitation periods. Pilots licensed in the Grays Harbor pilotage district shall not pilot vessels in violation of the restrictions set forth in the table below during the indicated license year.
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
32,000 GT (ITC) except that piloting on vessels of any size is prohibited through the Chehalis River Bridge unless vessel is in ballast and does not exceed 25,000 GT (ITC)
2
15,000 GT (ITC)
42,000 GT (ITC)
3
32,000 GT (ITC)
52,000 GT (ITC)
4
42,000 GT (ITC)
62,000 GT (ITC)
5
52,000 GT (ITC)
72,000 GT (ITC)
Notwithstanding subsection (7) of this section, upon determination that a bona fide safety concern may result from no pilot without license restrictions being available within a reasonable time to pilot a vessel requiring pilotage services, the chairperson or acting chairperson of the board, on a single trip basis, may authorize a newly licensed pilot holding a restricted license to provide pilotage services to the vessel, irrespective of the tonnage, service or location of the assigned berth of the vessel.
(5) Grays Harbor pilotage district - Pilot license upgrade requirements.
(a) Prior to the expiration of the first license year, a new pilot must make five license upgrade trips. Three of these trips shall be through the Chehalis River Bridge on loaded or partially loaded vessels. The other trips shall be on vessels in excess of 32,000 GT (ITC) and involve docking and passage to or from the sea buoy; and one of these trips shall involve turning the vessel in the waterway.
(b) Prior to the expiration of the second license year, a new pilot must make two license upgrade trips on tank vessels in excess of 15,000 GT (ITC) and two trips on other vessels in excess of 42,000 GT (ITC). Two of these trips shall involve docking and passage to or from the sea buoy; and two of these trips shall involve turning the vessel in the waterway. Upon satisfactory completion of the two upgrade trips upon tank vessels and completion of the second license year, the pilot will be authorized to pilot tank vessels in accordance with the limitations specified in subsection (4) of this section. Upon satisfactory completion of the two upgrade trips upon other vessels in excess of 42,000 GT (ITC) and completion of the second license year, the pilot will be authorized to pilot vessels in accordance with the limitations specified in subsection (4) of this section.
(c) Prior to the expiration of the third license year, a new pilot must make two license upgrade trips on tank vessels in excess of 32,000 GT (ITC) and two trips on other vessels in excess of 52,000 GT (ITC). Two of these trips shall involve docking and passage to or from the sea buoy; and two of these trips shall involve turning the vessel in the waterway.
(d) Prior to the expiration of the fourth license year, a new pilot must make two license upgrade trips on tank vessels in excess of 42,000 GT (ITC) and two trips on other vessels in excess of 62,000 GT (ITC).
(e) Prior to the expiration of the fifth license year, a new pilot must make two license upgrade trips on tank vessels in excess of 52,000 GT (ITC) and two trips on other vessels in excess of 72,000 GT (ITC).
(f) If vessels are not available in the Grays Harbor pilotage district to allow a pilot to comply with (a) through (e) of this subsection in a timely manner, the board may designate substitute trips in the Puget Sound pilotage district as allowed by law and in so doing may specify the size of the vessel and any other characteristics of the trips that the board deems appropriate. Such designation shall be considered a modification of the pilot's state license to authorize the specified trips in the Puget Sound pilotage district.
(6) The initial license shall contain the limitations contained above and list the date of commencement and expiration of such periods. If a newly licensed pilot is unable to pilot for forty-five days or more in any one of the five years, he/she shall notify the board and request a revised schedule of limitations.
(7) Except as provided in subsection (4) of this section, no pilot shall be dispatched to, or accept an assignment on, any vessel which exceeds the limitations of his/her license. On vessels in which there is more than one pilot assigned, the license limitations shall apply only to the pilot in charge.
(8) All limitations on a pilot's license shall be lifted at the beginning of the sixth year of piloting provided he/she has submitted to the board a statement attesting to the fact that he/she has completed all the required license upgrade trips and the vessel simulator courses.
[Statutory Authority: Chapter 88.16 RCW. WSR 15-04-136, § 363-116-082, filed 2/4/15, effective 3/7/15. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-082, filed 7/21/08, effective 8/21/08. Statutory Authority: RCW 88.16.105 and 88.16.035. WSR 07-17-148, § 363-116-082, filed 8/21/07, effective 9/21/07. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-082, filed 8/29/05, effective 10/1/05. Statutory Authority: RCW 88.16.105 and 88.16.035. WSR 05-04-028, § 363-116-082, filed 1/26/05, effective 2/26/05. Statutory Authority: RCW 88.16.105. WSR 99-08-003, § 363-116-082, filed 3/25/99, effective 4/25/99; WSR 97-14-032, § 363-116-082, filed 6/25/97, effective 7/26/97. WSR 97-08-042, recodified as § 363-116-082, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.105. WSR 93-09-016, § 296-116-082, filed 4/14/93, effective 5/15/93. Statutory Authority: RCW 88.16.105. WSR 92-24-056, § 296-116-082, filed 11/30/92, effective 12/31/92; WSR 92-08-051, § 296-116-082, filed 3/26/92, effective 4/26/92; WSR 89-18-063 (Order 89-6, Resolution No. 89-6), § 296-116-082, filed 9/1/89, effective 10/2/89; WSR 89-11-060 (Order 89-5, Resolution No. 89-5), § 296-116-082, filed 5/18/89. Statutory Authority: RCW 88.16.035. WSR 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-082, filed 3/4/80.]



363-116-083
Written examination protest and appeal procedures.

(1) Pilot applicants who take a written examination as provided in this chapter shall provide the board with an address to be used for notification of his/her written examination results. Such address shall be a place at which mail is delivered. In addition, a pilot applicant may provide the board with other means of contact such as telephone numbers and/or email addresses. It will be the responsibility of the pilot applicant to ensure that the board has a current mailing address at all times. The mailing address will be considered the primary means of notice by the board. If the pilot applicant cannot personally receive mail at the address provided to the board for any period of time, another person may be designated in writing and notarized to the board as having power of attorney specifically to act on the pilot applicant's behalf regarding such notice. Notice delivered to the address provided by the pilot applicant will be considered received by the pilot applicant for the purpose of "receipt of notification of the written examination results" as provided in subsection (2) of this section.
(2) A pilot applicant who takes either a written examination as provided in WAC 363-116-076 or a written local knowledge examination as provided in WAC 363-116-078 that cannot be retaken may submit a written protest regarding any such examination for review by the board and/or a committee designated by the board and/or by a firm under contract with the board for development and grading of the written examination. The standard of review for reviewing the written examination protests submitted by a pilot applicant is that the written examination score will not be set aside unless the pilot applicant proves the challenged score was the result of fraud, coercion, arbitrariness or manifest unfairness. If it finds that reasonable cause exists to question a written examination grade, the board may allow a pilot applicant protesting his/her written examination results to enter the simulator evaluation. If the pilot applicant chooses to enter the simulator evaluation before the pilot applicant receives notification of the result of the review of his/her Protest Form the pilot applicant shall be at all times responsible for the charge to enter the simulator evaluation. No pilot applicant approved by the board for entry into the simulator evaluation shall be disqualified by the successful examination appeal of another pilot applicant. Pilot applicants are not entitled to a review of the results of a written local knowledge examination given pursuant to WAC 363-116-078 if the pilot applicant is eligible to retake the written examination.
(3) The procedure for submitting a protest regarding the written examination or a written local knowledge examination that cannot be retaken is as follows:
(a) The pilot applicant must submit a protest in writing to the person administering such examination on the day that the pilot applicant takes such examination and before the pilot applicant leaves the examination room;
(b) On the day of such examination the pilot applicant will be provided a Protest Form by the person(s) administering such examination at the time that documents for taking such written examination are given to the pilot applicant;
(c) In defense of his/her written examination answers and in support of the pilot applicant's reasons for protesting a question or questions, the pilot applicant must write on the Protest Form the reason(s) why he/she protests a question or questions, what the pilot applicant claims is the correct answer to the protested question(s), and if a protested question(s) involves mathematical calculations provide the calculations that the pilot applicant claims are correct;
(d) If there are protests regarding improprieties including but not limited to the administration and proctoring of the examination, these assertions must be documented in writing with sufficient detail naming times, people, places, protested activities and witnesses to permit the board to conduct an investigation;
(e) The pilot applicant will be identified only by number or letter for the purpose of review of the Protest Form;
(f) The pilot applicant shall submit his/her Protest Form at the same time that he/she submits the answer sheet for such written examination to the examination administrator.
(4) The procedure for review of the Protest Form submitted by the pilot applicant is as follows:
(a) The board, and/or a committee designated by it, and/or a firm under contract with the board for development and grading of the written examination will review the written examination and Protest Form completed by the pilot applicant; and
(b) After completion of such review the pilot applicant will be provided with written notification of the decision regarding review of the Protest Form submitted by the pilot applicant. The written notification will show any adjusted credits and scores for any answers that have been changed following such review.
(5) A pilot applicant who is not satisfied with the result of such review of his/her Protest Form may request an adjudicative hearing pursuant to RCW 88.16.090 and governed by the provisions of chapter 34.05 RCW to appeal his/her written examination results. Such hearing must be requested within thirty days of receipt of the result of the review of the Protest Form by sending a written request for an adjudicative hearing to the board of pilotage commissioners' office. The grounds and issues for the adjudicative hearing and any further appeal shall be limited to the following:
(a) Was the administrative protest procedure set forth in subsections (2) through (4) of this section followed?;
(b) Was the examination conducted in accordance with accepted psychometric and industrial/organizational psychology principles as determined by an expert in these fields of study?;
(c) Was the examination "job related" as determined by an expert in these fields of study?; and
(d) Was the examination, scoring, and appeal process validated by an expert in these fields of study?
[Statutory Authority: Chapter 88.16 RCW. WSR 12-05-064, § 363-116-083, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-083, filed 7/21/08, effective 8/21/08. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-083, filed 8/29/05, effective 10/1/05. WSR 97-08-042, recodified as § 363-116-083, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 88-10-038 (Order 88-10, Resolution No. 88-10), § 296-116-083, filed 5/3/88.]



363-116-084
Simulator evaluation review and appeal procedures.

(1) Pilot applicants who take a simulator evaluation as provided in this chapter shall provide the board with an address to be used for notification of his/her simulator evaluation results. Such address shall be a place at which mail is delivered. In addition, a pilot applicant may provide the board with other means of contact such as telephone numbers and/or email addresses. It will be the responsibility of the pilot applicant to ensure that the board has a current mailing address at all times. The mailing address will be considered the primary means of notice by the board. If the pilot applicant cannot personally receive mail at the address provided to the board for any period of time, another person may be designated in writing and notarized to the board as having power of attorney specifically to act on the pilot applicant's behalf regarding such notice. Notice delivered to the address provided by the pilot applicant will be considered received by the pilot applicant for the purpose of "receipt of notification of the simulator evaluation results" as provided in subsection (2) of this section.
(2) A pilot applicant who takes a simulator evaluation as provided in this chapter may request a review of his/her simulator evaluation results. This request must be in writing and must be received by the board within five business days of receipt of notification of the simulator evaluation results. The standard of review for reviewing the simulator evaluation results challenged by a pilot applicant is that the challenged evaluation score will not be set aside unless the pilot applicant proves the challenged score was the result of fraud, coercion, arbitrariness or manifest unfairness.
(3) The procedure for filing a request for review of the simulator evaluation is as follows:
(a) The pilot applicant must contact the board office for an appointment to appear personally to review his/her simulator evaluation;
(b) The pilot applicant will be provided a Review Form to complete in the board designated review location in defense of his/her simulator evaluation performance;
(c) In review of his/her simulator evaluation performance, the pilot applicant must demonstrate that his/her proposed evaluation of the simulator evaluation is correct;
(d) In review of his/her simulator evaluation performance, the pilot applicant must cite on the Review Form provided by the board, the specific situation(s) presented in the simulator evaluation (i.e., crossing, passing, meeting situations, environmental changes like fog descending, navigational decisions and/or rules-of-the-road interpretations) and detail why the actions he/she took in that situation should receive more credit than that which was given, to demonstrate that his/her score on the simulator evaluation provided by the board is incorrect;
(e) Only the recorded performance of the pilot applicant will be considered in any review of the simulator evaluation performance. If there are assertions regarding improprieties in the administration, proctoring, grading or scoring of the simulator evaluations, these assertions must be documented in writing with sufficient detail naming times, people, places, protested activities and witnesses to permit the board to conduct an investigation;
(f) The pilot applicant will be identified only by number or letter for the purpose of this review;
(g) The board will make available to the pilot applicant reviewing his/her simulator evaluation a copy of his/her simulator evaluation performance; and
(h) At the completion of the review session, the pilot applicant will submit all the Review Forms to the board and return all materials used to review his/her simulator evaluation. The pilot applicant will not be allowed to take any notes or materials from the board designated review location upon leaving.
(4) The procedure for the board's review of the request for review of the simulator evaluation filed by the pilot applicant is as follows:
(a) The board, and/or a committee designated by it, and/or a firm under contract with the board for development and grading of the simulator evaluation will review the simulator evaluation and Review Form completed by the pilot applicant; and
(b) After completion of such review the pilot applicant will be provided with written notification of the decision regarding review of the Review Form submitted by the pilot applicant. The written notification will show any adjusted credits and scores for any answers that have been changed following such review.
(5) A pilot applicant who is not satisfied with the result of such review of his/her Review Form may request an adjudicative hearing pursuant to RCW 88.16.090 and governed by the provisions of chapter 34.05 RCW to appeal his/her simulator evaluation results. Such hearing must be requested within thirty days of receipt of the result of the review of the Review Form by sending a written request for an adjudicative hearing to the board of pilotage commissioners' office. The grounds and issues for the adjudicative hearing and any further appeal shall be limited to the following:
(a) Was the administrative protest procedure set forth in WAC 363-116-083 (2) through (4) followed?;
(b) Was the examination conducted in accordance with accepted psychometric and industrial/organizational psychology principles as determined by an expert in these fields of study?;
(c) Was the examination "job related" as determined by an expert in these fields of study?; and
(d) Was the examination, scoring, and appeal process validated by an expert in these fields of study?
[Statutory Authority: Chapter 88.16 RCW. WSR 12-05-064, § 363-116-084, filed 2/15/12, effective 3/17/12. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-084, filed 7/21/08, effective 8/21/08.]



363-116-085
Association bylaws.

The association of pilots for the Puget Sound pilotage district, together with the association of pilots for the Grays Harbor pilotage district, shall maintain on file with the commission a current copy of their respective association bylaws and amendments. Hereafter they shall file with the commission each new amendment adopted by their respective groups in order that the board may be kept informed of association acts and activities.
[WSR 97-08-042, recodified as § 363-116-085, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 82-13-087 (Order 82-10-049, Resolution No. 82-10-049), § 296-116-085, filed 6/23/82; Order 76-12, § 296-116-085, filed 4/22/76.]



363-116-086
Challenges to board actions concerning licensing determinations and appeal procedures.

This section shall apply to all proceedings involving a board determination made pursuant to WAC 363-116-080:
(1) Pilot trainees who enter a training program as provided in this chapter shall provide the board with an address to be used for notification purposes. Such address shall be a place at which mail is delivered. In addition, a pilot trainee may provide the board with other means of contact such as telephone numbers and/or email addresses. It will be the responsibility of the pilot trainee to ensure that the board has a current mailing address at all times. The mailing address will be considered the primary means of notice by the board. Notice delivered to the address provided by the pilot trainee will be considered received by the pilot trainee for the purpose of receipt of notification of the board's decision to deny a pilot license or extend a training program as provided in subsection (2) of this section.
(2) A pilot trainee who is denied a license or continued in his or her training program, pursuant to a decision rendered under WAC 363-116-080(5), shall be notified of the board's determination, in writing, by the chair of the board as soon as practicable. The pilot trainee shall have twenty days from which notice of the decision is served to file a notice of appeal of the board's decision with the board, pursuant to WAC 10-08-110 and 10-08-211. The board's decision will become a final order upon expiration of twenty days from the date notice is served, unless notice of appeal has been filed prior to that time. Upon the filing of the notice of appeal, the chair of the board shall appoint a presiding officer, who shall conduct the hearing and issue an initial order pursuant to chapter 34.05 RCW.
(3) Any hearing conducted pursuant to a request for review as indicated in subsection (2) of this section shall be conducted pursuant to the rules set forth in chapters 10-08 and 363-11 WAC and this section. In the event of a conflict, this section shall control.
(a) The board and the trainee evaluation committee shall be required to produce no more than a total of two fact witnesses and no more than one expert witness in connection with any hearing pursuant to this section, unless the board's chair, in his or her sole discretion, believes additional witnesses are necessary to present its case. This limitation shall apply to the hearing and any prehearing discovery.
(b) The board has determined, in its discretion, that because each pilot trainee brings different skill sets to his or her training program as a result of their prior experience, and the trainee evaluation committee develops an individually tailored training program based upon that pilot trainee's skill set and prior experience; comparisons between pilot trainees' performances in their respective training program are not relevant when assessing the pilot trainee's performance which is the subject of a notice of appeal and/or petition for review hereunder. Any documentation or testimony concerning the performance of other pilot trainees in their training program shall not be considered during any proceeding involved in the review process and shall not be submitted or solicited as evidence in any hearing under this section, nor shall it be submitted or solicited as evidence in any discovery deposition, nor shall it be included in the board's record of proceedings or any petition for review.
(c) The scope of the hearing shall be limited to the validity of the training and evaluation process. The grounds for appeal shall be limited to the following issues:
(i) Does the training and evaluation process comport with accepted psychometric and industrial/organizational psychology principles and evaluation?
(ii) Is the board's training and evaluation process a valid and reliable measurement system meeting all criteria of formative and summative assessment?
(iii) Is the training program job related?
(iv) Was the board's decision made pursuant to WAC 363-116-080(5) arbitrary and capricious?
(d) The presiding officer shall issue an initial order at the conclusion of the hearing in conformance with the requirements of chapter 34.05 RCW and WAC 10-08-210.
(4) Any petition for review of the initial order shall be filed in conformance with WAC 10-08-211. The chair of the board shall then appoint a "reviewing officer" who shall issue a final order. The standard of review by the reviewing officer shall be the same as that set forth in subsection (3)(c) of this section.
[Statutory Authority: Chapter 88.16 RCW. WSR 11-20-004, § 363-116-086, filed 9/21/11, effective 10/22/11.]



363-116-110
Details and requirements of annual license fee payment, physical examination report and reinstatement application for licensed pilots.

(1) Annual license fees and reports on annual physical examinations pursuant to RCW 88.16.090 shall be submitted to the board on or before the anniversary date of the license. Each pilot shall ensure that the board, at all time, possesses a copy of his/her currently valid United States government license with radar endorsement issued by the United States Coast Guard.
(2) A pilot, who retires under his/her medical disability retirement plan, may apply for reinstatement of his/her pilot's license within five years from the date of his/her last pilotage assignment, provided the pilot is capable of passing a physical examination without any restrictions as to full pilotage duties. The board may, at its discretion, waive all or part of the pilotage examination. The board shall require the pilot to complete a familiarization/training program prescribed by the board after a full review of all relevant factors. The board may also prescribe license limitations such as those contained in WAC 363-116-082.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-110, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-110, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090. WSR 93-07-076, § 296-116-110, filed 3/18/93, effective 4/18/93. Statutory Authority: RCW 88.16.035. WSR 92-08-050, § 296-116-110, filed 3/26/92, effective 4/26/92; WSR 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-110, filed 3/4/80; Order 2-68, § 296-116-110, filed 11/1/68; § 11, effective 11/25/58.]



363-116-115
Sanctions for drug and alcohol offenders.

(1) The board shall review the pilot's license of any pilot who, within the preceding twelve months, has been convicted of any offense involving drugs or the personal consumption of alcohol while on duty, including an offense of operating a vessel or vehicle while under the influence of alcohol or drugs.
(2) Where a pilot is found to have been convicted of an offense involving drugs or the personal consumption of alcohol while on duty within the prior twelve months, but who has not been convicted of an offense involving drugs or the personal consumption of alcohol in the previous five years, and after a hearing held pursuant to RCW 88.16.100(5), the board shall: Order the pilot to actively participate in and satisfactorily complete a specific program of treatment. The board may impose such other sanctions as it deems appropriate. If the pilot does not satisfactorily complete the program of treatment, the board shall suspend, revoke, or withhold the pilot's license until the treatment is completed.
(3) Where a pilot is found to have been convicted of a second or subsequent offense involving drugs or the personal consumption of alcohol while on duty within the prior twelve months, the board, after a hearing is held pursuant to RCW 88.16.100(5), shall suspend the license of the pilot for up to one year.
(4) The board shall immediately notify the United States Coast Guard that it has revoked or suspended a license pursuant to this section and the board shall also notify the United States Coast Guard when a suspended or revoked license has been reinstated.
[WSR 97-08-042, recodified as § 363-116-115, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.100(4). WSR 90-23-081, § 296-116-115, filed 11/20/90, effective 12/21/90.]



363-116-120
Job description—Physical examination—Health requirements.

(1) A Washington state licensed marine pilot, under the authority of the master, directs ships into and out of harbors, estuaries, straits, sounds, rivers, lakes, and bays using a specialized knowledge of local conditions including winds, weather, tides, and current: Orders officers and helmsman by giving course and speed changes and navigates ship to avoid conflicting marine traffic, congested fishing fleets, reefs, outlying shoals and other hazards to shipping; utilizes aids to navigation, such as lighthouses and buoys. Utilizes ship's bridge equipment, including radar, fathometer, speed log, gyro, magnetic compass, whistle or horn and other navigational equipment as needed. Required to use ship's radio equipment in contacting United States Coast Guard vessel traffic system and other ships while ship is in transit. Directs ship's officers, crewmen, and tug boat captains as necessary, when ships are transiting bridges, narrow waterways, anchoring, docking, and undocking. Must perform duties day or night in all weather conditions, including high winds, fog, mist, rainfall, falling snow and other adverse conditions, as encountered. In order to safely perform the foregoing duties, a Washington state licensed marine pilot shall:
(a) Be physically qualified to possess a U.S. Coast Guard master's license, as required by the state of Washington.
(b) Be capable of boarding a vessel from and leaving a vessel into a pilot boat via a Jacob's ladder and a gangway. A Jacob's ladder involves a vertical climb or descent of up to nine meters and requires both physical energy and mental judgment.
(c) Be capable of moving to a more desirable vantage point in a timely manner, so as to avoid a close quarters situation when the physical characteristics of the ship or cargo obstruct the pilot's field of vision.
(d) Be able to meet the necessary eyesight and hearing requirements to carry out marine pilotage duties.
(e) Have mental reflexes capable of allowing decisions to be made without delay. This is imperative in all aspects of ship handling.
(f) Be capable of withstanding mental stresses which may occur with a vessel in lowered visibility, in a close quarters situation or when docking or undocking.
(g) Be capable of working efficiently and effectively at any time of the day or night, including irregular and unscheduled hours, after sufficient rest.
(h) Possess mental maturity and show mental responsibility.
(2) In order to determine the physical fitness of persons to serve as licensed pilots under the provisions of the pilotage act, all licensed pilots and pilot applicants shall be required to pass a general physical examination annually within ninety days prior to the date their annual state pilot license fee is due. As used in this section pilot refers to licensed pilots, including pilots seeking to renew their state licenses, and pilot applicant refers to both pilot license applicants who have completed the board training program but do not yet have a pilot license and to training license applicants. The physical examination required of all pilots and initial pilot applicants shall demonstrate that he/she is fully able to carry out the duties of a pilot. The examination shall assure that one's abilities as a pilot will not be impaired by eyesight, hearing or other bodily function. As part of this examination pilots and pilot applicants shall have completed on a form provided by the board a detailed report of physical examination. Each pilot is required to report on the form any convictions of offenses involving drugs or the personal consumption of alcohol which occurred while on duty within the prior twelve months. Pilot applicants for a license must report on the form any and all convictions of offenses involving drugs or the personal consumption of alcohol which occurred within the twelve months prior to the date of their application. This form shall be prepared by the examining physician and shall be submitted to the board along with a letter stating his/her findings/recommendations as to the ability of the pilot or pilot applicant to safely perform the pilotage duties based on the job description for a Washington state licensed marine pilot and the standards set forth below. The examining physician should review these standards and review the job description in subsection (1) of this section before making findings/recommendations as to the medical fitness of the pilot applicant. A medical/occupational history form will be completed and signed by the initial pilot applicant for review by the physician prior to the initial examination. The board may in its discretion check with the appropriate authorities for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months. The detailed report of physical examination is a confidential record and will not be available for public inspection. Such examination shall be obtained at the expense of the licensed pilot or pilot applicant from a physician or physicians designated in advance by the board. The secretary of the board shall give each pilot or pilot applicant reasonable written notice of the date when any such physical examination becomes due and shall specify the name of the physicians then approved by the board to conduct such physical examination.
(3) Based upon the findings/recommendations of the examining physician and review by the board, the board will make the determination as to the pilot applicant's or pilot's fitness to perform the duties of a pilot. This determination will be made within ninety days after each annual physical examination.
(4) The purpose of the history and physical examination is to detect the presence of physical, mental, or organic defects of such character and extent as to affect an individual's ability to pilot a vessel safely. The examination will be made carefully and at least as complete as indicated by the form provided by the board. History of certain defects may be cause for rejection of the initial pilot applicant or indicate the need for making certain laboratory tests or a further and more stringent examination. Defects may be recorded which do not, because of their character or degree, indicate that certification of physical fitness should be denied. However, these defects should be discussed with the pilot applicant or pilot who should be advised to take the necessary steps to ensure correction, particularly of those which, if neglected, might lead to a condition likely to affect the ability to perform the duties of a pilot.
(5) The board has determined which physical conditions may be permanently disqualifying for initial pilot applicants as well as which conditions may be permanently disqualifying for renewal of a pilot license. Certain conditions are not necessarily disqualifying, for renewal of a pilot license only, when, based on the knowledge and experience of the examining physician these conditions can be managed medically and without threat to the pilot's ability to perform the duties of a pilot. An individual may be disqualified when, in the opinion of the examining physician, there is reasonable probability that a condition can occur suddenly and without warning which would render the pilot applicant incapable of promptly responding, both mentally and physically to emergency situations. When certain conditions exist the medical examiner may recommend either:
(a) A permanent disqualification; or
(b) A temporary disqualification until which time the condition is either corrected or medically managed.
(6) Initial pilot applicants will be required to take a test indicating they are free of illegal substance abuse. Testing will be for the presence of cocaine, opiates, marijuana (THC), amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Federal Register 46 C.F.R. 4, 5, and 16. Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA).
Chain of custody forms and instructions for collection and transport to a NIDA approved laboratory can be obtained from:
Laboratory of Pathology
Nordstrom Medical Tower
P.O. Box 14950
Seattle, WA 98114-0950
(7) The conditions in these standards are listed according to the International Classification of Diseases (ICD). Some categories may not apply to the standards set forth and therefore may be absent in some listings. However, all categories should be taken into consideration by the examining physician.
(a) Infectious and parasitic diseases.
(b) Neoplasms.
(c) Endocrine, nutritional, metabolic, and immunity disorders.
(d) Diseases of the blood and blood forming organs.
(e) Mental disorders.
(f) Diseases of the nervous system and sense organs.
(g) Diseases of the respiratory system.
(h) Diseases of the digestive system.
(i) Diseases of the genitourinary system.
(j) Complications of pregnancy, childbirth, and the puerperium.
(k) Diseases of the skin and subcutaneous tissues.
(l) Diseases of the musculoskeletal system and connective tissues.
(m) Congenital anomalies.
(n) Certain conditions originating in the perinatal period.
(o) Symptoms, signs, and other ill defined conditions.
(p) Injury and poisonings.
(8) The guidelines for recommended visual standards are based on the necessity of a pilot to be able to safely perform the duties of a pilot, including functioning under all emergency conditions aboard the vessel. Consideration must be given to the pilot's previously demonstrated ability to perform his/her pilotage duties.
(a) The visual acuity of a pilot applicant shall be at least 20/200 in each eye uncorrected and correctable to at least 20/40 in each eye as determined by Snellen test or its equivalent unless the pilot applicant qualifies for a waiver from the Officer in Charge, Marine Inspection, or the Commandant, U.S. Coast Guard.
(b) The initial pilot applicant should have normal color vision per pseudo isochromatic plates, Ishihara or Keystone test. If the initial pilot applicant fails this test, the Farnsworth or Williams Lantern tests or their equivalent may be used to determine the initial pilot applicant's ability to distinguish primary colors.
(c) Loss of vision in one eye may not be disqualifying if one eye passes the test required for the better eye of the pilot applicant with binocular vision and the pilot applicant has had sufficient time to develop and demonstrate adequate judgment of distances.
(d) Pilot applicants who wear corrective lenses and meet the qualifications in (a) of this subsection are medically fit to carry out pilotage duties only while wearing their corrective lenses and if they have with them, while on duty, a spare pair of correcting lenses that provide at least the same visual acuity.
(9) Baseline audiograms shall be performed on all entry level pilot applicants. All licensed pilots will be tested annually, with the first audiogram considered baseline. Each ear will be tested separately using properly calibrated equipment which meets ANSI (American National Standards Institute) standards criteria for background noise in audiometric rooms. Testing should not be performed unless the pilot applicant has been free of work noise or intense noise for a period of at least fourteen hours prior to testing. Should the pilot applicant have a current condition which can cause a temporary hearing loss, such as a cold, the pilot applicant should be rescheduled for testing in two weeks, or until such condition is resolved. Testing will be performed by a licensed audiologist, otolaryngologist, physician with sufficient training in conducting and interpreting audiograms, or a technician who is currently certified by the Council for Accreditation in Occupational Hearing Conservation (CAOHC).
(a) A baseline audiogram is required on all initial pilot applicants. The first audiogram performed on a currently licensed pilot shall be considered the baseline audiogram.
(b) Pilot applicants having hearing threshold levels that do not exceed 40 dB at frequencies of 500, 1000, 2000, 3000 Hz in either ear are considered to have normal hearing for communication purposes.
(c) Annual audiograms will be performed thereafter for the purposes of comparison to baseline. A significant threshold shift is defined as a change averaging more than 10 dB from baseline in the frequencies of 500, 1000, 2000, and 3000 Hz and requires further evaluation by a physician, otolaryngologist, or audiologist and preventive action taken on the part of the pilot.
(d) Mechanical acoustical devices (hearing aids) are not disqualifying but should not be worn in areas of high background noise levels in order to prevent further deterioration of his/her hearing.
(e) A pilot applicant must minimally be able to hear an average conversational voice in a quiet room while standing with his/her back turned at a distance of eight feet.
(10) Below is a list of conditions which can be absolutely disqualifying for initial licensure as a maritime pilot. The list of causes for disqualification is not all inclusive or intended to be complete, but represents the types of conditions that would interfere with the safe performance of pilotage duties. This guide is not intended to replace the physician's professional judgment. Rather, it calls for the physician and the board to closely examine whether the pilot applicant can safely perform the tasks outlined in the job description of a Washington state licensed marine pilot. The examining physician should also be aware that a second opinion concerning the diagnosis may be sought in cases of unfavorable determinations. A condition should only be considered disqualifying while such condition persists. Following corrective medical action the pilot applicant should be encouraged to apply for reentry.
Conditions Which Can Be Absolutely
Disqualifying For Initial Licensure
1. Infectious and parasitic diseases - Any communicable disease in its communicable or carrier stage.
2. Neoplasms - Malignant diseases of all kinds in any location.
3. Endocrine, nutritional, metabolic, and immunity disorders - Diabetes requiring insulin or hypoglycemic drugs; cirrhosis of the liver; alcohol abuse (unless abstinence for two years).
4. Diseases of the blood and blood forming organs - Hemophilia; acute or chronic significant anemias.
5. Mental disorders - Severe personality disorders; use of illegal drugs; dementia of Alzheimer's type, senility, psychosis.
6. Diseases of the nervous system and sense organs - Epilepsy or any convulsive disorder resulting in an altered state of consciousness, regardless of control; disturbance of balance; multiple sclerosis; Meniere's syndrome.
7. Diseases of the circulatory system - Multiple myocardial infarctions or cardiac class II or IV (NYHA); hypotension with syncopal episodes; varicose veins if associated with edema, skin ulceration or residual scars. Recurrent thromboembolic conditions.
8. Diseases of the respiratory system - Active pulmonary tuberculosis Class IV respiratory impairment; permanent tracheostomy.
9. Diseases of the genitourinary system - Chronic renal failure; permanent ureterostomy.
10. Complications of pregnancy, childbirth, and the puerperium - Pregnancy is not in itself disqualifying, if, in the opinion of the examining physician and the pilot applicant's obstetrician determine that the pilotage duties can be safely carried out without risk to the mother or fetus and without risk to the safety of the vessel, crew, and property.
11. Diseases of the skin and subcutaneous tissues - There are no absolute exclusions listed for diseases of the skin unless, in the opinion of the examining physician, a condition exists that would interfere with the performance of pilotage duties.
12. Diseases of the musculoskeletal system and connective tissues - Lupus erythematosus, disseminated; amputation of any portion of a limb, resection of a joint, artificial joint or absence of the toes which would preclude the ability to run, walk, balance oneself, grasp and climb ladder rungs; chronic low back pain that is disabling to the degree of interfering with job requirements.
13. Congenital anomalies - Any existing condition that, in the opinion of the examining physician, would interfere with the safe performance of pilotage duties.
14. Symptoms, signs, and other ill defined conditions - Serious degree of stuttering or speech impediment sufficient to interfere with communication; alcoholism; drug addiction, other than tobacco or caffeine.
15. Injury or poisonings - May be temporarily disqualifying until condition resolved without disabling sequelae.
(11) Below is a list of conditions which can be absolutely disqualifying for relicensure as a maritime pilot. The list of causes for disqualification is not all inclusive or intended to be complete, but represent the types of conditions that would interfere with the safe performance of pilotage duties. This guide is not intended to replace the physician's professional judgment. Rather, it calls for the physician and the board to closely examine whether the pilot applicant can continue to safely perform the tasks outlined in the job description of a Washington state licensed marine pilot. The examining physician should also be aware that a second opinion concerning diagnosis may be sought in cases of unfavorable determinations.
Conditions Which Can Be Absolutely
Disqualifying For Relicensure
1. Neoplasms - Malignancies with metastases.
2. Endocrine, nutritional, metabolic, and immunity disorders - Cirrhosis of the liver with hepatic failure.
3. Diseases of the blood and blood forming organs - Hemophilia; acute leukemia.
4. Mental disorders - Severe personality disorders; senility; dementia of Alzheimer's type psychosis.
5. Diseases of the nervous system and sense organs - Disturbance of balance, permanent and untreatable Meniere's syndrome.
6. Diseases of the circulatory system - Multiple myocardial infarctions or cardiac Class III or IV (NYHA); hypotension with syncopal episodes; varicose veins if associated with edema, skin ulceration or residual scars. Recurrent thromboembolic conditions.
7. Diseases of the respiratory system - Active pulmonary tuberculosis; Class IV respiratory impairment.
8. Diseases of the genitourinary system - Chronic renal failure; permanent ureterostomy.
9. Complications of pregnancy, childbirth, and puerperium - Pregnancy is not in itself disqualifying, if, in the opinion of the examining physician and the pilot applicant's obstetrician determine that the pilotage duties can be safely carried out without risk to the mother or fetus and without risk to the safety of the vessel, crew and property.
10. Diseases of the skin and subcutaneous tissues - There are no absolute exclusions for diseases of the skin unless, in the opinion of the examining physician, a condition exists that would interfere with the performance of pilotage duties.
11. Diseases of the musculoskeletal and connective system - Lupus erythematosus, disseminated; amputation of any portion of a limb, resection of a joint, artificial joint or absence of the toes which would preclude the ability to run, walk, balance oneself, grasp, and climb ladder rungs. Chronic low back pain that is disabling to the degree of interfering with job requirements.
12. Symptoms, signs, and other ill defined conditions - Serious degree of stuttering or speech impediment sufficient to interfere with communication; alcoholism; drug addiction, other than tobacco or caffeine. Current need to use methadone, antabuse, antidepressants, antianxiety drugs.
13. Injury or poisonings - May be temporarily disqualifying until condition resolved without disabling sequelae.
(12) Some conditions may develop during the course of employment that would be absolutely disqualifying for initial licensure. In evaluating the impact of such a condition on an existing pilot, the examining physician and the board should take into consideration the pilot's past experience, effectiveness of performance and predictability of his/her performance. The board may waive certain duties of a pilot as outlined in the job description contained in subsection (1) of this section. The list of conditions requiring in-depth evaluation is not all inclusive or intended to be complete, but represent the types of conditions that might interfere with the safe performance of pilotage duties. The examining physician should also be aware that a second opinion concerning the diagnosis may be sought in cases of unfavorable determinations.
Conditions Requiring In-depth Evaluation
1. Neoplasms - Malignancies of any kind.
2. Endocrine, nutritional, metabolic, and immunity disorders - Diabetes requiring hypoglycemic drugs; cirrhosis of the liver.
3. Diseases of the blood and blood forming organs - Chronic leukemia.
4. Mental disorders - Anxiety reactions; depression.
5. Diseases of the nervous system and sense organs - Disturbance of balance; multiple sclerosis; epilepsy or any convulsive disorder resulting in an altered state of consciousness.
6. Diseases of the circulatory system - Uncontrolled hypertension; varicose veins; pacemaker, demand.
7. Diseases of the respiratory system - Respiratory impairment; permanent tracheostomy.
8. Diseases of the digestive system - Permanent colostomy; permanent ileostomy.
9. Complications of pregnancy, childbirth, and the puerperium - Pregnancy.
10. Diseases of the skin and subcutaneous tissues - Any skin disorders that, in the opinion of the examining physician, may interfere with the performance of pilotage duties.
11. Diseases of the musculoskeletal system and connective tissues - Lupus erythematosus, disseminated; artificial joints; chronic low back pain.
12. Injury or poisonings - May be temporarily disqualifying until condition resolved without disabling sequelae.
(13) A pilot may be temporarily relieved of pilotage duties until such time as a disqualifying condition is resolved or medically managed and with frequent evaluation by the examining physician or specialist. In this case, the board, after consulting with the physician, will determine the frequency of medical examinations. A condition should only be considered disqualifying while such a condition persists. Following corrective medical action, the individual may be removed from temporary disqualification. Provided that, if a temporary disqualifying condition continues for longer than two years from the time the pilot is initially relieved of pilotage duties, the board, in its discretion and after a full review of all relevant factors, may make a determination that the condition is permanently disqualifying.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-120, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-120, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090(6) and 88.16.100(4). WSR 90-24-019, § 296-116-120, filed 11/28/90, effective 12/29/90. Statutory Authority: RCW 88.16.090(6). WSR 90-13-065, § 296-116-120, filed 6/18/90, effective 7/19/90. Statutory Authority: RCW 88.16.090. WSR 88-09-027 (Order 88-5, Resolution No. 88-5), § 296-116-120, filed 4/14/88; WSR 85-15-033 (Order 85-2, Resolution No. 85-2), § 296-116-120, filed 7/12/85. Statutory Authority: RCW 88.16.035 and 88.16.090(6). WSR 80-16-005 (Resolution No. 79-5), § 296-116-120, filed 10/23/80. Statutory Authority: RCW 88.16.035. WSR 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-120, filed 10/18/79; Order 73-6, § 296-116-120, filed 5/11/73; Order 2-68, § 296-116-120, filed 11/1/68; § 12, effective 11/25/58.]



363-116-140
Limitations.

[WSR 97-08-042, recodified as § 363-116-140, filed 3/28/97, effective 3/28/97; Order 2-68, § 296-116-140, filed 11/1/68.]



363-116-170
Pilotage station.

Port Angeles is hereby declared the location of the pilotage station for Puget Sound and adjacent inland waters and tariffs shall be assessed accordingly. Boundary pilotage shall apply on ships going to and coming from all British Columbia ports.
[WSR 97-08-042, recodified as § 363-116-170, filed 3/28/97, effective 3/28/97; Order 2-68, § 296-116-170, filed 11/1/68; § 17, effective 11/25/58.]



363-116-175
Tariff proposals.

The board of pilotage commissioners has been charged with certain statutory duties by RCW 88.16.035. To assist the board in its responsibilities to provide for the maintenance of efficient and competent pilotage services and to annually fix the pilotage tariffs for pilotage services to be performed on the waters covered by chapter 88.16 RCW, it shall be the policy that licensed pilots, ship operators, and interested members of the public may jointly or separately present tariff proposals to the board for its consideration. Any such proposals shall endeavor to provide that the tariff at all times funds the training program and the number of pilots licensed by the board.
To that end, individual Washington state licensed pilots, independent ship owners or operators, members of the public and/or agents, committees or organizations representing said persons or corporations are authorized to meet, discuss, and prepare joint or separate tariff proposals for board consideration. They may appear before the board to support or oppose any such proposal, or part thereof, but the final determination, adoption and active supervision of the rates, charges, expense items, and classifications to be contained in said pilotage tariffs and the rules, regulations, or procedures to implement said annual tariffs shall be made by the board.
[Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-175, filed 8/29/05, effective 10/1/05. WSR 97-08-042, recodified as § 363-116-175, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 87-19-100 (Order 87-1, Resolution No. 87-1), § 296-116-175, filed 9/17/87.]



363-116-185
Pilotage rates for the Grays Harbor pilotage district.

Effective 0001 hours January 1, 2017, through 2400 hours December 31, 2017.
CLASSIFICATION
RATE
Charges for piloting of vessels in the inland waters and tributaries of Grays Harbor shall consist of the following:
Draft and Tonnage Charges:
 
Each vessel shall be charged according to its draft and tonnage for each vessel movement inbound to the Grays Harbor pilotage district, and for each movement outbound from the district.
Draft
$114.97 per meter
 
or
 
$35.04 per foot
Tonnage
$0.329 per net registered ton
Minimum Net Registered Tonnage
$1,152.00
Extra Vessel (in case of tow)
$646.00
Provided that, due to unique circumstances in the Grays Harbor pilotage district, vessels that call, and load or discharge cargo, at Port of Grays Harbor Terminal No. 2 shall be charged $6,387.00 per movement for each vessel movement inbound to the district for vessels that go directly to Terminal No. 2, or that go to anchor and then go directly to Terminal No. 2, or because Terminal No. 2 is not available upon arrival that go to layberth at Terminal No. 4 (without loading or discharging cargo) and then go directly to Terminal No. 2, and for each vessel movement outbound from the district from Terminal No. 2, and that this charge shall be in lieu of only the draft and tonnage charges listed above.
Boarding Charge:
 
Per each boarding/deboarding from a boat or helicopter
$1,092.00
Harbor Shifts:
 
For each shift from dock to dock, dock to anchorage, anchorage to dock, or anchorage to anchorage
$803.00
Delays per hour
$189.00
Cancellation charge (pilot only)
$315.00
Cancellation charge (boat or helicopter only)
$944.00
Two Pilots Required:
 
When two pilots are employed for a single vessel transit, the second pilot charge shall include the harbor shift charge of $803.00 and in addition, when a bridge is transited the bridge transit charge of $346.00 shall apply.
Pension Charge:
 
Charge per pilotage assignment, including cancellations
$528.00
Travel Allowance:
 
Transportation charge per assignment
$105.00
Pilot when traveling to an outlying port to join a vessel or returning through an outlying port from a vessel which has been piloted to sea shall be paid $1,064.00 for each day or fraction thereof, and the travel expense incurred.
Bridge Transit:
 
Charge for each bridge transited
$346.00
Additional surcharge for each bridge transited for vessels in excess of 27.5 meters in beam
$946.00
Miscellaneous:
 
The balance of amounts due for pilotage rates not paid within 30 days of invoice will be assessed at 1 1/2% per month late charge.
[Statutory Authority: RCW 88.16.035. WSR 16-22-034, § 363-116-185, filed 10/26/16, effective 1/1/17; WSR 15-24-029, § 363-116-185, filed 11/20/15, effective 1/1/16; WSR 14-23-021, § 363-116-185, filed 11/7/14, effective 1/1/15; WSR 13-23-110, § 363-116-185, filed 11/20/13, effective 1/1/14; WSR 12-23-065, § 363-116-185, filed 11/19/12, effective 1/1/13; WSR 11-21-084, § 363-116-185, filed 10/18/11, effective 1/1/12; WSR 11-10-052, § 363-116-185, filed 4/29/11, effective 5/30/11; WSR 10-13-084, § 363-116-185, filed 6/15/10, effective 8/1/10; WSR 09-13-058, § 363-116-185, filed 6/15/09, effective 8/1/09; WSR 08-14-073, § 363-116-185, filed 6/26/08, effective 8/1/08; WSR 07-14-014, § 363-116-185, filed 6/22/07, effective 8/1/07; WSR 06-13-057, § 363-116-185, filed 6/16/06, effective 8/1/06; WSR 05-14-029, § 363-116-185, filed 6/24/05, effective 8/1/05; WSR 04-14-018, § 363-116-185, filed 6/28/04, effective 8/1/04; WSR 03-21-089, § 363-116-185, filed 10/17/03, effective 11/17/03; WSR 03-14-042, § 363-116-185, filed 6/24/03, effective 8/1/03; WSR 02-13-076, § 363-116-185, filed 6/17/02, effective 6/17/02; WSR 01-18-049, § 363-116-185, filed 8/30/01, effective 9/30/01; WSR 01-13-066, § 363-116-185, filed 6/18/01, effective 6/18/01; WSR 00-13-097, § 363-116-185, filed 6/21/00, effective 8/1/00; WSR 99-16-027, § 363-116-185, filed 7/27/99, effective 8/1/99; WSR 98-19-036, § 363-116-185, filed 9/11/98, effective 9/15/98; WSR 97-15-120, § 363-116-185, filed 7/23/97, effective 8/1/97. WSR 97-08-042, recodified as § 363-116-185, filed 3/28/97, effective 3/28/97; WSR 96-14-062, § 296-116-185, filed 6/28/96, effective 8/1/96; WSR 95-13-054, § 296-116-185, filed 6/16/95, effective 8/1/95; WSR 94-05-006, § 296-116-185, filed 2/3/94, effective 3/6/94; WSR 93-13-055, § 296-116-185, filed 6/16/93, effective 7/17/93; WSR 93-03-080, § 296-116-185, filed 1/19/93, effective 2/19/93; WSR 92-14-069, § 296-116-185, filed 6/26/92, effective 7/27/92; WSR 91-08-008, § 296-116-185, filed 3/26/91, effective 4/26/91; WSR 90-09-013, § 296-116-185, filed 4/6/90, effective 5/7/90; WSR 89-08-042 (Order 89-3, Resolution No. 89-3), § 296-116-185, filed 3/31/89; WSR 88-05-043 (Order 88-2, Resolution No. 88-2), § 296-116-185, filed 2/17/88, effective 3/21/88. Statutory Authority: RCW 88.16.035(4). WSR 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-185, filed 12/19/86; WSR 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-185, filed 12/31/84; WSR 83-15-012 (Order 83-3, Resolution No. 83-3), § 296-116-185, filed 7/12/83; WSR 82-08-016 (Order 82-1, Resolution No. 82-1), § 296-116-185, filed 3/29/82; WSR 81-07-009 (Order 81-1, Resolution No. 81-1), § 296-116-185, filed 3/6/81; WSR 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-185, filed 3/4/80; Order 2-68, § 296-116-185, filed 11/1/68.]



363-116-200
Duties of pilots.

(1) In any case where a vessel in the charge of a state licensed pilot or a state licensed pilot trainee is involved in an incident or near-miss occurrence, the pilot and the pilot trainee on the vessel shall make a report to the board in the following required manner:
(a) Report of Incident. A state licensed pilot and a state licensed pilot trainee involved in an incident shall notify the board by telephoning or radioing the Marine Exchange of Puget Sound as soon as the situation is stabilized or within one hour of reaching shore. In addition, all incidents shall be reported to the board on the Report of Incident form as soon as possible after the incident, but in no event more than ten days afterwards. If a pilot trainee is involved, both the pilot trainee and the supervising pilot shall file a Report of Incident. In any event where a pilot or pilot trainee is unaware of the occurrence of an incident at the conclusion of his/her piloting assignment, the pilot and pilot trainee shall file a Report of Incident within ten days of being informed of the occurrence of the incident. An incident includes an actual or apparent collision, allision or grounding, as well as a navigational occurrence which results in actual or apparent personal injury or property damage or environmental damage. An incident also includes any occurrence where a pilot or pilot trainee falls or is injured while embarking or disembarking a vessel or otherwise is physically endangered while performing his/her duties on a vessel, regardless of whether the incident results in physical injury to the pilot or pilot trainee.
(b) Report of Marine Safety Occurrence. A state licensed pilot and state licensed pilot trainee involved in a near-miss occurrence shall complete the board required Report of Marine Safety Occurrence form and file it with the board as soon as possible after the near-miss occurrence, but in no event more than ten days afterwards. If a pilot trainee is involved, both the pilot trainee and the supervising pilot shall file a Report of Marine Safety Occurrence. A near-miss occurrence is where a pilot and pilot trainee successfully takes action of a nonroutine nature to avoid a collision with another vessel, structure or aid to navigation, to avoid a grounding of the vessel or to avoid causing damages to the environment. Information relating to near-miss occurrences provided by a pilot and pilot trainee on this form shall not be used for imposing any sanctions or penalties against the pilot or pilot trainee involved in the occurrence. A state licensed pilot or pilot trainee may also use this form on a voluntary basis for reporting out of the ordinary occurrences or concerns for navigational safety encountered or observed during the course of piloting a vessel as well as safety issues encountered or observed on the vessel, the dock, or in the area around the vessel.
(c) Completion of these forms does not replace or relieve a pilot or pilot trainee from any other reporting requirements under federal, state or local law. If circumstances permit, a pilot or pilot trainee will notify the vessel master of his/her intent to file a report of incident or marine safety occurrence with the board. The board shall forward a copy of any form received to the respective shipper or its board representative. The board may, with or without a complaint being made against a pilot or pilot trainee, investigate the matter reported upon.
(2) Pilots and pilot trainees will report to the pilot office and to the aides to navigation officer of the United States Coast Guard, all changes in lights, range lights, buoys, and any dangers to navigation that may come to their knowledge.
(3) Any pilot or pilot trainee who shall fail, neglect or refuse to make a report to the board as required by the pilotage laws of the state, or by these rules and regulations, for a period of ten days after the date when the report is required to be made, shall be subject to having his/her license suspended at the discretion of the board, and if he/she fails to report for a period of thirty days the board may, at its discretion, revoke his/her license.
(4) Pilots or pilot trainees when so notified in writing shall report in person to the board at any meeting specified in such notice.
(5) Any pilot or pilot trainees summoned to testify before the board shall appear in accordance with such summons and shall make answer, under oath, to any question put to him/her which deals with any matter connected with the pilot service, or of the pilotage waters over which he/she is licensed to act. He/she shall be entitled to have his/her attorney or advisor present during any such appearance and testimony.
(6) Any pilot who shall absent himself/herself from his/her pilotage duties or district for a period of sixty days without permission of the board of pilotage commissioners shall be liable to suspension or to the forfeiture of his/her license.
(7) A pilot or pilot trainee on boarding a ship, if required by the master thereof, shall exhibit his/her license, or photo static copy thereof.
(8) When a pilot licensed under this act is employed on an enrolled ship, the same rules and regulations shall apply as pertain to registered ships.
(9) Any state licensed pilot or pilot trainee 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 or pilot trainee 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 or pilot trainee in his/her professional judgment considers the vessel to be incapable of safe navigation and maneuvering due to performance limitations, he/she 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.
(10) In providing pilotage services under chapter 88.16 RCW every pilot and pilot trainee shall perform those duties in a professional manner and without negligence so as to not endanger life, limb or property, not violate or not fail to comply with state laws or regulations intended to promote marine safety or to protect navigable waters.
(11) A pilot involved in a serious marine incident as that term is defined in 46 C.F.R. 4.03-2 shall, in addition to meeting all requirements imposed by federal law:
(a) To the extent practicable and safe, stabilize the vessel and request relief by the dispatching of another pilot; and
(b) As soon as the relief pilot arrives, transfer the con of the vessel to the new pilot; such that the pilot and any pilot trainee involved in the incident may meet the requirements of 46 C.F.R. Part 4.06.
[Statutory Authority: Chapter 88.16 RCW. WSR 12-04-061, § 363-116-200, filed 1/30/12, effective 3/1/12; WSR 08-22-003, § 363-116-200, filed 10/23/08, effective 11/23/08. Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-200, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-200, filed 3/28/97, effective 3/28/97. Statutory Authority: Chapter 88.16 RCW. WSR 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/she 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 twenty-four 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-205, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-205, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 82-13-087 (Order 82-10-049, Resolution No. 82-10-049), § 296-116-205, filed 6/23/82; WSR 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. WSR 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
[WSR 97-08-042, recodified as § 363-116-2051, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.155(7). WSR 92-08-052, § 296-116-2051, filed 3/26/92, effective 4/26/92. Statutory Authority: RCW 88.16.035 and 88.16.155. WSR 83-16-032 (Order 83-4, Resolution No. 83-4), § 296-116-2051, filed 7/28/83. Statutory Authority: RCW 88.16.155. WSR 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. WSR 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 January 1, 2017, through 2400 hours December 31, 2017.
CLASSIFICATION
RATE
Ship length overall (LOA)
 
Charges:
 
 
Per LOA rate schedule in this section.
 
Pilot boat fee:
$348.00
 
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
$359.00
Radio Direction Finder Calibration
$359.00
Launching Vessels
$540.00
Trial Trips, 6 hours or less (minimum $1,014.00)
$169.00 per hour
Trial Trips, over 6 hours (two pilots)
$338.00 per hour
Shilshole Bay - Salmon Bay
$211.00
Salmon Bay - Lake Union
$164.00
Lake Union - Lake Washington (plus LOA zone from Webster Point)
$211.00
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 $266.00 shall be in addition to bridge charges 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 $127.00 per bridge.
Ships 90' beam and/or over:
A charge of $361.00 shall be in addition to bridge charges 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 $251.00 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 $274.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $274.00 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 $274.00 for every hour or fraction thereof. The assessment of the standby charge 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 $274.00 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 $274.00 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 $0.0084 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 $0.0814 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 $0.0974 per gross ton.
Notwithstanding the above tonnage charges, there shall be a minimum tonnage charge of $500.00 applied to:
(1) All LOA Zone I assignments other than assignments of an additional pilot(s) on ship movements involving more than one pilot jointly piloting the vessel; and
(2) All LOA Zone II and greater assignments.
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
$195.00
 
Bangor
190.00
 
Bellingham
225.00
 
Bremerton
167.50
 
Cherry Point
260.00
 
Dupont
120.00
 
Edmonds
42.50
 
Everett
72.50
 
Ferndale
247.50
 
Manchester
162.50
 
Mukilteo
65.00
 
Olympia
155.00
 
Point Wells
42.50
 
Port Gamble
230.00
 
Port Townsend (Indian Island)
277.50
 
Seattle
18.75
 
Tacoma
87.50
 
(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.
Payment Terms and Delinquent Payment Charge:
1 1/2% per month after 30 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 charges 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.
British Columbia Direct Transit Charge:
In the event that a pilot consents to board or deboard a vessel at a British Columbia port, which consent shall not unreasonably be withheld, the following additional charges shall apply in addition to the normal LOA, tonnage and other charges provided in this tariff that apply to the portion of the transit in U.S. waters:
Direct Transit Charge
$2,107.00
Sailing Delay Charge. Shall be levied for each hour or fraction thereof that the vessel departure is delayed beyond its scheduled departure from a British Columbia port, provided that no charge will be levied for delays of one hour or less and further provided that the charge shall not exceed a period of 12 hours in any 24 hour period.
$283.00 per hour
Slow Down Charge. Shall be levied for each hour or fraction thereof that a vessel's arrival at a U.S. or BC port is delayed when a vessel chooses not to maintain its normal safe 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 arrival time had the vessel maintained its normal safe speed capabilities.
$283.00 per hour
Cancellation Charge. Shall be levied when a pilot arrives at a vessel for departure from a British Columbia port and the job is canceled. The charge is in addition to the applicable direct transit charge, standby, transportation and expenses.
$525.00
Transportation Charge Vancouver Area. Vessels departing or arriving at ports in the Vancouver-Victoria-New Westminster Range of British Columbia.
$514.00
Transportation Charge Outports. Vessels departing or arriving at British Columbia ports other than those in the Vancouver-Victoria-New Westminster Range.
$649.00
Training Surcharge:
On January 1, 2011, a surcharge of $15.00 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each pilotage assignment.
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
(Length Overall)
Intra Harbor
0-30 Miles
31-50 Miles
51-75 Miles
76-100 Miles
101 Miles
& Over
UP to 449
263
381
650
968
1,304
1,692
450 - 459
274
388
653
983
1,325
1,700
460 - 469
276
392
665
999
1,343
1,708
470 - 479
285
404
672
1,020
1,347
1,711
480 - 489
294
410
675
1,038
1,355
1,719
490 - 499
298
416
685
1,057
1,371
1,728
500 - 509
313
423
695
1,068
1,383
1,738
510 - 519
315
431
702
1,085
1,398
1,744
520 - 529
319
447
712
1,090
1,410
1,758
530 - 539
329
452
721
1,102
1,432
1,778
540 - 549
334
458
738
1,114
1,454
1,795
550 - 559
341
474
742
1,130
1,466
1,812
560 - 569
353
493
757
1,141
1,479
1,828
570 - 579
361
496
760
1,146
1,495
1,841
580 - 589
376
505
778
1,154
1,503
1,859
590 - 599
393
516
782
1,160
1,526
1,882
600 - 609
408
532
794
1,164
1,544
1,890
610 - 619
431
537
807
1,169
1,559
1,907
620 - 629
447
543
814
1,183
1,577
1,929
630 - 639
468
552
824
1,186
1,591
1,946
640 - 649
486
566
832
1,188
1,604
1,960
650 - 659
520
575
847
1,197
1,624
1,981
660 - 669
530
582
854
1,205
1,642
1,996
670 - 679
550
597
863
1,226
1,660
2,009
680 - 689
557
607
874
1,237
1,674
2,028
690 - 699
574
616
888
1,258
1,692
2,071
700 - 719
599
637
904
1,275
1,725
2,093
720 - 739
634
653
927
1,292
1,758
2,128
740 - 759
659
685
945
1,304
1,795
2,167
760 - 779
685
707
968
1,325
1,828
2,194
780 - 799
719
738
983
1,343
1,859
2,234
800 - 819
748
760
1,002
1,350
1,890
2,268
820 - 839
771
788
1,025
1,371
1,929
2,293
840 - 859
804
820
1,046
1,387
1,958
2,333
860 - 879
834
847
1,064
1,423
1,996
2,367
880 - 899
863
871
1,085
1,455
2,028
2,402
900 - 919
889
900
1,103
1,494
2,071
2,434
920 - 939
917
927
1,130
1,526
2,091
2,468
940 - 959
950
952
1,147
1,559
2,128
2,498
960 - 979
971
980
1,167
1,591
2,167
2,535
980 - 999
1,003
1,002
1,187
1,624
2,194
2,568
1000 - 1019
1,065
1,067
1,240
1,710
2,299
2,678
1020 - 1039
1,094
1,098
1,279
1,758
2,368
2,757
1040 - 1059
1,127
1,125
1,316
1,812
2,435
2,838
1060 - 1079
1,161
1,165
1,355
1,866
2,511
2,922
1080 - 1099
1,196
1,197
1,394
1,920
2,585
3,011
1100 - 1119
1,230
1,234
1,437
1,980
2,662
3,102
1120 - 1139
1,268
1,274
1,481
2,037
2,742
3,194
1140 - 1159
1,304
1,310
1,523
2,098
2,825
3,291
1160 - 1179
1,343
1,347
1,571
2,161
2,909
3,388
1180 - 1199
1,384
1,388
1,616
2,226
2,997
3,491
1200 - 1219
1,427
1,430
1,664
2,293
3,087
3,593
1220 - 1239
1,467
1,473
1,713
2,362
3,177
3,701
1240 - 1259
1,511
1,516
1,763
2,432
3,274
3,811
1260 - 1279
1,555
1,561
1,817
2,505
3,373
3,925
1280 - 1299
1,602
1,609
1,872
2,580
3,471
4,044
1300 - 1319
1,651
1,655
1,927
2,657
3,576
4,164
1320 - 1339
1,701
1,705
1,986
2,736
3,682
4,290
1340 - 1359
1,749
1,756
2,045
2,817
3,792
4,419
1360 - 1379
1,803
1,807
2,106
2,903
3,905
4,549
1380 - 1399
1,855
1,861
2,171
2,989
4,022
4,687
1400 - 1419
1,912
1,918
2,233
3,077
4,142
4,826
1420 - 1439
1,968
1,976
2,301
3,171
4,268
4,971
1440 - 1459
2,029
2,035
2,371
3,265
4,395
5,120
1460 - 1479
2,086
2,094
2,440
3,362
4,527
5,270
1480 - 1499
2,150
2,157
2,512
3,462
4,661
5,429
1500 - Over
2,215
2,222
2,587
3,568
4,800
5,591
[Statutory Authority: RCW 88.16.035. WSR 16-23-162, § 363-116-300, filed 11/23/16, effective 1/1/17; WSR 16-11-068, § 363-116-300, filed 5/16/16, effective 7/1/16; WSR 15-12-070, § 363-116-300, filed 5/29/15, effective 7/1/15; WSR 14-24-014, § 363-116-300, filed 11/20/14, effective 1/1/15; WSR 14-02-092, § 363-116-300, filed 12/31/13, effective 1/1/14; WSR 12-24-055, § 363-116-300, filed 11/30/12, effective 1/1/13; WSR 11-23-176, § 363-116-300, filed 11/23/11, effective 1/1/12; WSR 11-10-051, § 363-116-300, filed 4/29/11, effective 5/30/11. Statutory Authority: Chapter 88.16 RCW. WSR 10-24-085, § 363-116-300, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 88.16.035. WSR 10-12-059, § 363-116-300, filed 5/27/10, effective 7/1/10; WSR 09-12-072, § 363-116-300, filed 5/29/09, effective 7/1/09; WSR 08-12-018, § 363-116-300, filed 5/28/08, effective 7/1/08; WSR 07-12-028, § 363-116-300, filed 5/30/07, effective 7/1/07; WSR 07-01-084, § 363-116-300, filed 12/19/06, effective 1/20/07; WSR 06-12-009, § 363-116-300, filed 5/26/06, effective 7/1/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. WSR 05-18-021, § 363-116-300, filed 8/29/05, effective 10/1/05. Statutory Authority: RCW 88.16.035. WSR 05-12-055, § 363-116-300, filed 5/26/05, effective 7/1/05; WSR 04-12-014, § 363-116-300, filed 5/24/04, effective 7/1/04; WSR 03-12-019, § 363-116-300, filed 5/28/03, effective 7/1/03; WSR 02-12-008, § 363-116-300, filed 5/23/02, effective 7/1/02; WSR 01-18-050, § 363-116-300, filed 8/30/01, effective 9/30/01; WSR 01-12-032, § 363-116-300, filed 5/29/01, effective 7/1/01; WSR 00-11-119, § 363-116-300, filed 5/22/00, effective 7/1/00; WSR 99-12-027, § 363-116-300, filed 5/25/99, effective 7/1/99; WSR 98-12-008, § 363-116-300, filed 5/22/98, effective 7/1/98; WSR 97-12-017, § 363-116-300, filed 5/28/97, effective 7/1/97. WSR 97-08-042, recodified as § 363-116-300, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 96-12-017, § 296-116-300, filed 5/29/96, effective 7/1/96; WSR 95-12-018, § 296-116-300, filed 5/30/95, effective 7/1/95; WSR 94-12-044, § 296-116-300, filed 5/27/94, effective 7/1/94; WSR 93-12-133, § 296-116-300, filed 6/2/93, effective 7/3/93; WSR 92-14-007, § 296-116-300, filed 6/19/92, effective 7/20/92; WSR 91-11-074, § 296-116-300, filed 5/20/91, effective 6/20/91; WSR 90-20-116, § 296-116-300, filed 10/2/90, effective 11/2/90; WSR 90-08-095, § 296-116-300, filed 4/4/90, effective 5/5/90; WSR 89-08-041 (Order 89-2, Resolution No. 89-2), § 296-116-300, filed 3/31/89. Statutory Authority: RCW 88.16.050. WSR 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). WSR 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-300, filed 12/19/86; WSR 86-19-066 (Order 86-6, Resolution No. 86-6), § 296-116-300, filed 9/16/86; WSR 86-02-035 (Order 86-1, Resolution No. 86-1), § 296-116-300, filed 12/30/85; WSR 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-300, filed 12/31/84; WSR 84-04-006 (Order 84-1, Resolution No. 84-1), § 296-116-300, filed 1/20/84; WSR 83-17-055 (Order 83-6, Resolution No. 83-6), § 296-116-300, filed 8/17/83; WSR 82-13-065 (Order 82-4, Resolution No. 82-4), § 296-116-300, filed 6/16/82. Statutory Authority: RCW 88.16.035. WSR 81-12-017 (Order 81-2, Resolution No. 81-2), § 296-116-300, filed 5/29/81; WSR 80-06-084 (Order 80-1, Resolution No. 80-1), § 296-116-300, filed 5/28/80. Statutory Authority: RCW 88.16.035(4). WSR 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. WSR 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-315, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-315, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 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 board 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 board 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.)
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-35001, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-35001, 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, 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, or yachts, which are not more than seven hundred fifty gross tons (international), and do not exceed two hundred feet in length. 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 forty-eight hours prior to planned vessel operations where possible. Petitions filed with less than forty-eight hours notice may be considered by the chair at the chair's discretion on a board-approved form. The form 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 areas and dates of planned operations, and such other information as the board shall require.
(b) 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 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.
(3)Any grant of an exemption, including interim exemptions, may contain such conditions as the board, or in the case of an interim exemption, 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 state pilotage waters; and/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; and/or that the vessel possess specific navigational charts, publications and navigational equipment necessary to ensure safe operation.
(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 and including 50 feet LOA
$50
 
$50
 
$50
 
Up to and including 100 feet LOA
450
 
750
 
300
 
Up to and including 200 feet LOA
750
 
1125
 
450
 
B. Passenger Vessels
Up to and including 100 feet LOA
1125
 
1500
 
600
 
Up to and including 200 feet LOA
1500
 
1500
 
750
 
(6) Petitions for annual renewals must be submitted within one year of the expiration of the previous exemption.
[Statutory Authority: Chapter 88.16 RCW. WSR 12-21-077, § 363-116-360, filed 10/19/12, effective 11/19/12; WSR 10-24-085, § 363-116-360, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 88.16.070 and 1995 c 174. WSR 97-12-018, § 363-116-360, filed 5/28/97, effective 6/28/97. WSR 97-08-042, recodified as § 363-116-360, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.070. WSR 93-07-077, § 296-116-360, filed 3/18/93, effective 4/18/93; WSR 90-20-039, § 296-116-360, filed 9/25/90, effective 10/26/90; WSR 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. WSR 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/her 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-370, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-370, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.100. WSR 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.
[WSR 97-08-042, recodified as § 363-116-400, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. WSR 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/her piloting duties by the ship's master only for cause as provided in this section. 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/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 United States 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: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-405, filed 7/21/08, effective 8/21/08. Statutory Authority: RCW 88.16.035. WSR 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.
[WSR 97-08-042, recodified as § 363-116-410, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.050. WSR 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/her 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. WSR 08-15-119, § 363-116-420, filed 7/21/08, effective 8/21/08. WSR 97-08-042, recodified as § 363-116-420, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.100. WSR 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.
[WSR 97-08-042, recodified as § 363-116-500, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.190(2). WSR 94-07-079, § 296-116-500, filed 3/16/94, effective 4/16/94.]
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