Date of Adoption: April 9, 2003.

     Purpose: To establish a clear master/pilot relationship during certain maneuvers aboard certain passenger vessels.

     Statutory Authority for Adoption: RCW 88.16.035.

      Adopted under notice filed as WSR 03-06-061 on March 3, 2003.

     Changes Other than Editing from Proposed to Adopted Version: WAC 363-116-365, the adopted rule provides that the exchange of maneuvering responsibilities between the pilot and the master shall occur in close proximity to the berth but not to exceed twice the vessel's length. The proposed rule provided for only one vessel length. A five-vessel length was also considered. The discussion between the pilot and master regarding where the exchange is to occur should, in the normal course, occur sufficiently in advance of the docking of the vessel that there should be no uncertainty regarding docking responsibilities as of the time that the vessel approaches its berth.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.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-6248.2

NEW SECTION
WAC 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.

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