WSR 17-14-005 PERMANENT RULES BOARD OF PILOTAGE COMMISSIONERS [Filed June 22, 2017, 7:53 a.m., effective July 23, 2017] Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: SSB 5262 was passed by the 2017 legislature which increased the tonnage limitations and revised the license requirements for petitioners on foreign flagged yachts and small passenger vessels. This amendment to RCW 88.16.070 becomes effective July 23, 2017.
Purpose: To align the language of this rule so it is consistent with the statute. The proposed changes are also intended to modify the fee structure for applying for an exemption from pilotage requirements.
Citation of Existing Rules Affected by this Order: Amending WAC 363-116-360.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Adopted under notice filed as WSR 17-10-048 on April 28, 2017.
Changes Other than Editing from Proposed to Adopted Version: The adopted changes to the fee schedule for a three month or less exemption for yachts include $700 for vessels up to and including 100 feet LOA, $1,000 for vessels up to and including 200 feet LOA and 750 gross tons, $1,500 for a new category of vessels up to and including 200 feet LOA and 751 to 1,300 gross tons; a one year or less exemption for yachts $1,000 for vessels up to and including 100 feet LOA, $1,400 for vessels up to and including 200 feet LOA and 750 gross tons, $1,500 for a new category for vessels up to and including 200 feet LOA and 751 to 1,300 gross tons; for an annual renewal $600 for vessels up to and including 100 feet LOA, $800 for vessels up to and including 200 feet LOA and 750 gross tons, $1,500 for a new category of vessels up to and including 200 feet LOA and 751 to 1,300 gross tons, $1,000 for passenger vessels up to and including 100 feet LOA, $1,200 for passenger vessels up to and including 200 feet LOA.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 15, 2017.
Peggy Larson
Executive Director
AMENDATORY SECTION (Amending WSR 12-21-077, filed 10/19/12, effective 11/19/12)
WAC 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)) one thousand three hundred gross tons (international), do not exceed two hundred feet in length, is manned by United States-licensed deck and engine officers appropriate to the size of the vessel with merchant mariner credentials issued by the United States coast guard or Canadian deck and engine officers with Canadian-issued certificates of competency appropriate to the size of the vessel, 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)) one thousand three 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
(6) Petitions for annual renewals must be submitted within one year of the expiration of the previous exemption.
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