WSR 04-10-030

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 28, 2004, 2:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-24-069.

Title of Rule: Collection of fees.

Purpose: To amend the amount of the annual pilot license fee.

Other Identifying Information: WAC 363-116-070.

Statutory Authority for Adoption: RCW 88.16.090.

Statute Being Implemented: Chapter 88.16 RCW.

Summary: The proposed rule is a housekeeping matter that is intended to align the amount of the annual pilot license fee with that set by the legislature and described in RCW 88.16.090(3).

Reasons Supporting Proposal: The existing regulation does not align with the statutory language.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2911 Second Avenue, Suite 100, Seattle, WA 98121, (206) 515-3904.

Name of Proponent: Washington State Board of Pilotage Commissioners, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The annual pilot license fee is being properly assessed in accordance with the statute.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule as proposed will reflect the increase in the annual pilot license fee from $2,500. to $3,000. that was implemented by the state legislature. All pilots have been properly assessed the correct amount since the increase went into effect. With the adoption of the proposed rule amendment, the language in the rule will align with the language in the statute. This is strictly a housekeeping matter.

The anticipated effect of this rule is to clarify that the current pilot license fee is $3,000.

Proposal Changes the Following Existing Rules: The amount of the annual pilot license fee will be amended to reflect the current rate of $3,000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Board of Pilotage Commissioners concludes that implementation of this new rule is in response to legislative action.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Board of Pilotage Commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: 2911 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on June 10, 2004, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by June 7, 2004, (206) 515-3904.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 Second Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3906, by June 3, 2004.

Date of Intended Adoption: June 10, 2004.

April 26, 2004

Peggy Larson

Administrator

OTS-7111.1


AMENDATORY SECTION(Amending WSR 97-08-042, filed 3/28/97, effective 3/28/97)

WAC 363-116-070   Collection of fees.   All pilots shall pay an annual license fee of ((two thousand five hundred)) three thousand dollars 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 five hundred 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.

[Recodified as 363-116-070. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090 and 1995 c 175. 97-06-105, 296-116-070, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 88.16.035. 88-14-063 (Order 88-13, Resolution No. 88-13), 296-116-070, filed 7/1/88. Statutory Authority: RCW 88.16.090. 85-15-032 (Order 85-1, Resolution No. 85-1), 296-116-070, filed 7/12/85; 84-11-056 (Order 84-4, Resolution No. 84-4), 296-116-070, filed 5/18/84. Statutory Authority: RCW 88.16.035. 82-24-010 (Order 82-8, Resolution No. 82-8), 296-116-070, filed 11/18/82; 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. 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.]

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