Date of Adoption: April 9, 2003.

     Purpose: To establish circumstances and responsibilities involving the relieving of a pilot from duty.

     Statutory Authority for Adoption: RCW 88.16.035.

      Adopted under notice filed as WSR 03-06-060 on March 3, 2003.

     Changes Other than Editing from Proposed to Adopted Version: WAC 363-116-405, the sentence which reads "Any pilot relieved of his piloting duties by the master pursuant to this section shall no longer be considered a servant of the vessel, its owner or operator as described in RCW 88.16.118." was deleted because it is inconsistent with the preceding sentence that provide for pilots relieved of duty to advise and assist the master.

     The adopted rule was revised to reflect the fact that the United States Coast Guard vessel traffic system notification requirement will apply only in the Puget Sound pilotage district.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

April 17, 2003

Peggy Larson

Administrator

OTS-6249.2

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

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