Purpose: To establish new rules concerning pilot licensing qualifications and procedures.

     Citation of Existing Rules Affected by this Order: Amending WAC 363-116-075, 363-116-080, 363-116-082, 363-116-083, 363-116-175, and 363-116-300.

     Statutory Authority for Adoption: Chapter 88.16 RCW.

     Other Authority: SSB 5150 enacted on April 12, 2005, by the Washington state legislature.

      Adopted under notice filed as WSR 05-14-110 on July 1, 2005.

     Changes Other than Editing from Proposed to Adopted Version: WAC 363-116-065 Number of pilots.

     (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 shall may¹ consider factors which include, but are not limited to, the following:

     (i) Administrative responsibilities, continuing education and training requirements and responsibilities of pilots and pilot organizations consistent with the policy of chapter 88.16 RCW²; and

WAC 363-116-0751 Qualifications for pilot applicants taking examinations on or after July 1, 2008.

     (3) An applicant who does not meet the sea service requirements set forth in subsection (1) or (2) of this section but is otherwise qualified to take the examination, shall be eligible to take the first examinations given on or after July 1, 2008, if the applicant qualified for, took and passed the most recent examination given prior to July 1, 2008, pursuant to WAC 363-116-075 and any subsequent examinations given after July 1, 2008 pursuant to WAC 363-116-0751³.

WAC 363-116-076 Examination for pilot applicants.

     (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) International Rules of the Road then applicable to the pilotage district for which the applicant is applying and accompanying information set forth in United States government publications on the subject;

     (b) Inland Rules of the Road (Grays Harbor pilotage district only) and accompany information set forth in United States government publications on the subject;⁴

WAC 363-116-077 Simulator evaluation for pilot applicants.

     (2) In this evaluation applicants shall be observed by available board members but shall be evaluated only by those 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, provided that no currently licensed Washington State pilots shall be evaluators or be present during the evaluation. The Board shall also appoint a minimum of two additional . If the board determines that it does not have enough evaluators from among its ranks, it may appoint other evaluators who hold, or have held within ten years of the examination date, a state pilot license issued by Washington or another state or who have held a Washington State pilot license within the last ten years.⁵

     (3) All aApplicants shall will be evaluated in writing based on some or all of the following factors:

     (g) Understanding and command of the International Rules of the Road then applicable to the pilotage district for which the applicant is applying.; and

     (h) Understanding and command of the Inland Rules of the Road (Grays Harbor pilotage district only).⁶

WAC 363-116-078 Training program.

     (1) Notification. ... An applicant or his designated attorney in fact shall respond within fifteen calendar days of receipt of notification to accept, refuse, or request a delayed⁷ entry into the training program.

     (4) Development. As soon as practical after receiving notification of eligibility for entry into the training program as set forth in this section⁸, the applicant shall meet with the trainee evaluation committee for the purpose of devising a training program for that applicant.

     (5) Initial evaluation.

     (b) As a condition of completing the initial evaluation, the pilot trainee shall:

     (i) Pass the any required⁹ local knowledge examination given by the board covering the routes described in (a)(i) of this subsection.

     (10) Stipend. ... 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 fee in the tariffs levied pursuant to WAC 363-116-185 and WAC 363-116-300 sufficient to cover the expense of the stipend¹⁰ and shall be paid from a pilot trainee trust training account maintained by as directed by the board. Aany¹¹ 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.¹² The board may set different training stipends for different pilotage districts. This shall be a segregated account funded by all receipts from the pilot training surcharge in the pilotage tariff. These funds Receipts from the training surcharge shall not belong to the pilot providing the service to the ship that generated the fee or to the pilot association or other organization maintaining collecting the trust account surcharge receipts,¹³ but shall be held in trust to be disposed of as directed by the board to pilot trainees receiving a stipend. Pilot associations or other organizations collecting maintaining such trust accounts shall transfer pilot trainee surcharge receipts into the trust account at least once a month and 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. The disposition of all funds in the account shall be directed 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 surcharge fees. The board shall direct the disposition of all funds in the account.¹⁴

     (11) Trainee evaluation committee. There is hereby created a trainee evaluation committee to which members shall be appointed by the chairperson of the board.¹⁵

     (13) Evaluation. ... Evaluation forms prepared by licensed pilots who are not training pilots shall not be used by the trainee evaluation committee or the board in evaluating a pilot trainee's piloting skills and shall not be considered in deciding whether to graduate a pilot trainee from the initial evaluation or in making decisions of the ultimate licensing of the pilot trainee. However, any evaluation form which indicates that the pilot trainee's performance was unsatisfactory on a specific trip, whether completed by a training pilot or not, shall cause the training evaluation committee to reschedule that trip with a different supervising pilot who must be a training pilot.¹⁶

WAC 363-116-082 Limitations on new pilots.

     (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 of Any Type
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)
1		Passenger vessels 5000 GT (ITC)17

     (3) Puget Sound pilotage district - pilot license upgrade requirements. ... The trainee evaluation committee shall recommend to the board a series of eight trips to be made by each pilot in the last ninety one hundred twenty days of each year of the license limitation periods specified in subsection (2) of this section, except that pilots whose license anniversary date is less than one hundred twenty days after the effective date of this section shall only be required to make three such trips prior to the first license anniversary subsequent to the effective date of this section.¹⁸

     (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	Maximum Size of Other Vessels of Any Type
1	Piloting on vessels of any size prohibited	25,000 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)
1		Piloting on vessels of any size prohibited through the Chehalis River Bridge unless vessel is in ballast and does not exceed 25,000 GT (ITC)19

WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district.

     Effective 0001 hours July October 1, 2005,²⁰ through 2400 hours June 30, 2006.

     Training surcharge: Effective October 1, 2005 A a surcharge of $10 shall be added to each vessel assignment in the amount of $10 for establishing a fund for payment of pilot trainee stipends. Thereafter, an additional $10 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078. shall be added to each vessel assignment. The need for the initial $10 surcharge will be reviewed at each regular tariff hearing, or at such other times as may be determined by the board, where need is determined by considering the funds then available for trainee stipends and the number of trainees projected to be in the training program receiving a stipend during the tariff year.²¹

¹ Gives the board added discretion to consider all relevant information and reduce the risk of technical violations of the WAC by failure to consider any mandatory items that may not be relevant.

² Clarifies the nature of the training and administrative duties that will affect the number of pilots.

³ Extends grandfathering protection from the new requirements to all applicants who are qualified now and continue to pass the examination. It was felt that this was fairer to applicants who have been preparing for some time.

⁴ Change reflects current federal policy toward the inland Rules of the Road.

⁵ Necessary to reflect the legal opinion that under the RCW, current pilots should not be familiar with the simulator evaluation exercise. Preserves pilot expertise among the evaluators by requiring at least two pilots to be involved.

⁶ Change reflects current federal policy toward the inland rules of the road.

⁷ Change necessary to reflect that delayed entry is not a right but can only be done with board permission.

⁸ Clarifies any potential ambiguity in the meaning of notification.

⁹ More correctly reflects the fact that there may not be a separate local knowledge exam for pre-2008 applicants.

¹⁰ Protects the agency against inadequate funding to pay the stipend.

¹¹ Provides that the board will be primarily responsible for administering the fund, while preserving board flexibility to enlist other resources to administer the stipend program to the extent needed. Removes all references to "trust” account as recommended by counsel.

¹² Preserves board flexibility to enlist other resources to administer the stipend program.

¹³ Preserves board flexibility to enlist other resources to administer the stipend program. Removes all references to "trust" account as recommended by counsel.

¹⁴ Clarifies the operation of the account and uses consistent terminology.

¹⁵ The board felt this decision should be made by the full board rather than the chairperson.

₁₆ Language deleted to prevent misuse of nontraining pilot evaluations and preserve the value of nontraining pilot evaluations and expand their use. Deletion will also encourage more frank reporting of trainee experience in the training program.

¹⁷ Changes necessary to clarify intent and to improve syntax.

¹⁸ Change necessary to clarify responsibilities of existing pilots with regard to upgrading requirements affecting their licenses. Strikes a reasonable balance.

¹⁹ Changes necessary to clarify intent and to improve syntax.

²⁰ Clarifies effective date of amendment to correspond to new element of the tariff.

²¹ This change was agreed to by all stakeholders as necessary to protect the solvency of the fund for training pilot stipends and to provide a mechanism to limit the collection of excess funds.

     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 5, Amended 6, 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 5, Amended 6, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 6, 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 5, Amended 6, Repealed 0.

     Date Adopted: August 11, 2005.

Peggy Larson

Administrator

OTS-8168.3

NEW SECTION
WAC 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.

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     (((1))) (a) One year of service in ocean or near coastal waters as a master of cargo, tank, or passenger vessels of 5000 gross tons or more while holding a license as a master of ocean steam or motor vessels of any gross tons or as a master of near coastal steam or motor vessels of any gross tons; ((or

     (2))) (b) Two years of service in ocean or near coastal waters as a master of cargo, tank, or passenger vessels of 450 gross tons or more while holding a license as a master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons; ((or

     (3))) (c) Two years of service in inland waters as a master of cargo, tank, or passenger vessels of 500 gross tons or more while holding a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons; ((or

     (4))) (d) Two years of service as a master of towing vessels of 100 gross tons or more while holding a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons; ((or

     (5))) (e) Three years of service as a member of an organized professional pilots association or as a U.S. government employed pilot during which period the applicant was actively engaged in piloting((.)) and hold as a minimum a license as a master of ocean, near coastal or inland steam or motor vessels of not more than 1600 gross tons; or

     (((6))) (f) Two years of service as a commanding officer or master of U.S. flag government vessels of not less than 1000 gross tons and hold a license as either a master of ocean or near coastal steam or motor vessels of any gross tons.

     (((7))) (2) As used in this section "cargo, tank, or passenger vessels" shall refer to vessels primarily engaged in the transportation of cargo or passengers between points.

     (3) Tonnages used in this section shall refer to gross registered tonnage (domestic). If an applicant's sea service is on a ship without a domestic gross tonnage rating, the board shall make a determination as to equivalency in determining whether an applicant is eligible.

     (4) The provisions of this section shall apply to examinations provided in WAC 363-116-076 given before July 1, 2008.

[Recodified as § 363-116-075. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090(2). 92-15-064, § 296-116-075, filed 7/14/92, effective 8/14/92. Statutory Authority: RCW 88.16.035(2). 90-17-094, § 296-116-075, filed 8/20/90, effective 9/20/90. Statutory Authority: RCW 88.16.090. 82-15-026 (Order 82-6, Resolution No. 82-6), § 296-116-075, filed 7/14/82.]

     (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. 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, an 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 applicant was actively engaged in piloting 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; 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 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.

     (3) An applicant who does not meet the sea service requirements set forth in subsection (1) or (2) of this section but is otherwise qualified to take the examination, shall be eligible to take examinations given on or after July 1, 2008, if the applicant qualified for, took and passed the most recent examination given prior to July 1, 2008, pursuant to WAC 363-116-075 and any subsequent examinations given after July 1, 2008, pursuant to WAC 363-116-0751.

     (4) 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.

     (5) The provisions of this section shall apply to examinations provided in WAC 363-116-076 given on or after July 1, 2008.

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     (2) The examination may be taken by all applicants who the board has determined have met the qualifications of WAC 363-116-075 or 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.

     (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 an applicant who is unable to sit for the examination or refund all or part of the portion of the examination administration fee that encompasses the simulator fee for an applicant who is unable to sit for the simulator evaluation.

     (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 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; and

     (r) Chapters 88.16 RCW and 363-116 WAC.

     (4) In addition to the subjects listed in subsection (3) of this section, the following subjects as they pertain to the pilotage district for which the examination is being given may be included in examinations given before July 1, 2008:

     (a) Knowledge of local tidal currents;

     (b) Overhead cable areas and clearances;

     (c) Submerged cable and pipeline areas;

     (d) Channel, waterway and passage widths, depths and shoal areas and other information from the Army Corps of Engineers survey charts;

     (e) Bridge transit knowledge - signals, channel width, regulations, and closed periods;

     (f) Lock characteristics, rules and regulations;

     (g) Ranges for determining compass error and measured miles;

     (h) Channel ranges;

     (i) Pier, wharf, or terminal locations and berth numbers; dock or pier headings, lengths, and minimum depths of water alongside;

     (j) Prohibited areas, restricted areas, regulated navigation areas and explosive anchorages;

     (k) Commonly used anchorage locations;

     (l) Use of anchors and knowledge of ground tackle;

     (m) State and federal tanker escort rules;

     (n) State environmental law and regulations affecting mariners;

     (o) Marine and port security regulations;

     (p) Harbor safety plan and harbor regulations; and

     (q) Local 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.

[]

     (2) The simulator evaluation shall take place at a marine simulator facility designated by the board and shall be recorded. In this evaluation applicants shall be observed by available board members but shall be evaluated only by those 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, provided that no currently licensed Washington state pilots shall be evaluators or be present during the evaluation. 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 another state or who have held a Washington state pilot license within the last ten years.

     (3) All 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 applicant is applying.

     (4) The scoring method on the simulator evaluation and the relative weight of this score to the whole examination will be determined by a board designated examination committee and provided to the applicants prior to the examination provided in WAC 363-116-076.

     (5) The board will set a minimum passing score.

     (6) The board may require that the simulator evaluation fee will be at the expense of the applicant.

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     (1) Notification. Applicants on the list waiting to enter the training program shall provide the board with a current address to be used for notification for entry into the training program. Such address shall be a place at which mail is delivered. In addition, an applicant may provide the board with other means of contact such as a phone number, fax number, and/or an e-mail address. The mailing address will, however, be considered the primary means of notification by the board. It will be the responsibility of the applicant to ensure that the board has a current mailing address at all times. If an 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 applicant's behalf regarding such notice. If notice sent to the address provided by the applicant is returned after three attempts to deliver, that applicant will be skipped and the next applicant on the list will be contacted for entry into the training program. A person so skipped will remain next on the list. An applicant or his designated attorney in fact shall respond within fifteen calendar days of receipt of notification to accept, refuse, or request a delayed entry into the training program.

     (2) Entry. At such time that the board chooses to start an applicant in the training program, notification shall be given to the first person on the list. Applicants shall be eligible in the order of their total combined scores on the written examination and simulator evaluation. Any applicant who refuses entry into the program will be removed from the waiting list with no further obligation by the board to offer a position in the training program. An applicant who is not able to start the training program within two months of the board's notice may, with written consent of the board, delay entry into the training program. The board will then give notice to the next applicant on the list to enter the training program. The applicant who delays entry, shall remain eligible for the next position in the training program, provided that the next position becomes available within the earlier of:

     (a) Four years from the applicant's taking the written examination; or

     (b) The date scheduled for the next pilotage examination. Applicants not able to start in the training program within two months of the board's notice of eligibility and who do not obtain the board's written consent to delay entry into the training program shall no longer be eligible for the 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 applicants must pass a physical examination by a physician designated by the board and in accordance with the requirements of WAC 363-116-120 for initial 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 applicant's fitness to pilot. The physical examination must be taken not more than forty-five days before issuance of the training license. Holders of a training license will be required to pass a general physical examination annually within forty-five days prior to the anniversary date of that license. Training license physicals will be at the expense of the applicant. All training licenses shall be signed by the chairperson or his/her designee and shall have an expiration date and fee established by the board. 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 the training program as set forth in this section, the applicant shall meet with the trainee evaluation committee for the purpose of devising a training program for that applicant. The training program shall be tailored to the ability and experience of the individual applicant and shall consist of observation trips, training trips in which the applicant pilots the vessel under the supervision of licensed pilots, ship assist tug trips, and such other forms of learning and instruction that may be designated. The trainee evaluation committee shall recommend a training program for adoption by the board. After adoption by the board, it will be presented to the applicant. If the applicant agrees in writing to the training program, the board shall issue a training license to the applicant, which license shall authorize the applicant to take such actions as are contained in the training program. If the applicant does not agree to the terms of the training program in writing within fifteen business days of it being received by the applicant, that applicant shall no longer be eligible for entry into the training program and the board may give notice to the next available applicant that he/she is eligible for the training program.

     (5) Initial evaluation.

     (a) The trainee evaluation committee shall create an initial evaluation at the beginning of each applicant's training program. The goal of the initial evaluation is to, as soon as practical after adequate observation trips, have the pilot trainee involved in hands-on piloting and ship handling under the supervision of licensed pilots and subject to the evaluation of training pilots. To this end the trainee evaluation committee shall devise an initial evaluation of a specified length not to exceed six months if the pilot trainee is on stipend and nine months if not on stipend. The initial evaluation shall:

     (i) Afford the pilot trainee early and concentrated exposure to a commonly navigated waterway, channel or tributary within the pilotage district and the main ship channel routes between such area and the seaward boundary of the pilotage district;

     (ii) Except for pilot trainees taking an examination prior to July 1, 2008, provide the pilot trainee the opportunity to study for and pass any local knowledge examination provided by the board as to the conditions found in such waterway, channel or tributary;

     (iii) Specify a number of training trips in which the pilot trainee pilots vessels under the supervision of licensed pilots; and

     (iv) Specify a number of training trips in which the pilot trainee pilots vessels under the supervision of training pilots and the pilot members of the trainee evaluation committee.

     (b) As a condition of completing the initial evaluation, the pilot trainee shall:

     (i) Pass any required local knowledge examination given by the board covering the routes described in (a)(i) of this subsection. This examination can be repeated as necessary, provided that it may not be taken more than once in any thirty day period and further provided that it must be successfully passed before the expiration date of the initial evaluation; and

     (ii) Possess a first class pilotage endorsement without tonnage or other restrictions on his/her United States government license to pilot in at least one route in the pilotage district in which the pilot applicant seeks a license.

     (c) After completion of the initial evaluation, the trainee evaluation committee shall make a recommendation to the board and the board shall determine, whether the pilot trainee has demonstrated the potential for superior piloting and ship handling and has demonstrated the ability to assimilate and retain the local knowledge necessary to pilot. Unless the board finds that such superior potential exists, it shall terminate the pilot trainee's participation in the training program.

     (6) Specification of trips. To the extent possible, the training program shall provide a wide variety of assignments, observation and training trips. The 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 or with pilots of specified experience. In the Puget Sound pilotage district, applicants taking an examination before July 1, 2008, shall have a minimum of one hundred thirty trips. After July 1, 2008, all Puget Sound applicants shall have a minimum of one hundred fifty trips. The board shall set from time to time the minimum number of trips for applicants in the Grays Harbor pilotage district. The board will ensure that during the training program the pilot trainee will get significant review by training pilots and the pilot members of the trainee evaluation committee.

     (7) Local knowledge. The training program shall provide for the education and testing of pilot trainees on the local knowledge necessary to become a pilot. This education program shall be developed by the trainee evaluation committee and recommended to the board for adoption and shall be tailored to the needs of the individual pilot trainee. Prior to the completion of the training program, the board, or its designee, shall give a local knowledge examination(s) to the pilot trainees who shall be required to pass such examination(s) before completing the training program. Pilot trainees taking an examination before July 1, 2008, shall not be required to take local examinations. 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 thirty day period and all required local knowledge examinations must be successfully passed before the expiration date of the training program. 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) Maneuvering behavior for different vessel types;

     (w) Impact of propulsion and maneuvering machinery on vessel navigation;

     (x) Local ship assist and escort tug characteristics;

     (y) Tanker escort rules - state and federal;

     (z) Use of anchors and knowledge of ground tackle;

     (aa) Applicable federal and state marine and environmental safety law requirements;

     (bb) Marine security and safety zone concerns;

     (cc) Marine port security regulations;

     (dd) Harbor safety plan and harbor regulations; and

     (ee) Chapter 88.16 RCW and other relevant state and federal regulations.

     (8) Length.

     (a) In the Puget Sound pilotage district, for applicants taking an examination before July 1, 2008, the minimum length of the training program shall be seven months. For applicants who take an examination on or after July 1, 2008, the minimum length of the training program shall be eight months. The maximum length of the training program shall be thirty-six months if the applicant elects to receive a stipend. The length of the training program shall be established by the board based on the recommendation of the trainee evaluation committee.

     (b) In the Grays Harbor pilotage district, the length of the training program shall be set by the board based on the recommendation of the trainee evaluation committee.

     (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 in place by federal or state law or regulation. 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 pilotage assignment. Nothing herein shall be construed as requiring any particular amount of rest before any observation trip in which the pilot trainee will not be piloting.

     (10) Stipend. At the initial meeting with the trainee evaluation committee the applicant shall indicate whether he/she wishes to receive a stipend during the training program. In the Puget Sound pilotage district, as a condition of receiving such stipend, applicants will agree to forego during the training program other full- or part-time employment which prevents them from devoting themselves on a full-time basis to the completion of the training program. With the consent of the board and the restructuring of the training program, pilot trainees may elect to change from a stipend to nonstipend status, and vice versa, during the training program. 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 fee in the tariffs levied pursuant to WAC 363-116-185 and 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. 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. 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 fee 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 surcharge fees. The board shall direct the disposition of all funds in the account.

     (11) Trainee evaluation committee. There is hereby created a trainee evaluation committee to which members shall be appointed by the board. The committee shall include: Three active licensed Washington state pilots, who, to the extent possible, shall be from the 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 from the relevant pilotage district (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 public representative member of the board. The committee shall be chaired by a pilot member of the board and shall meet as necessary to complete the tasks accorded it.

     (12) Training pilots. The board shall designate as training pilots those pilots with a minimum of seven years of piloting in the relevant district who are willing to undergo such training as the board may require and provide. The board may establish a lower experience level for the Grays Harbor pilotage district. 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 shall also be training pilots.

     (13) Evaluation. When a pilot trainee pilots a vessel under the supervision of another pilot, 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. After each such trip, the supervising pilot shall complete a form provided by the board evaluating the pilot trainee's performance. The board shall prepare different forms to be used by supervising pilots who are training pilots and those who are not. Evaluation forms prepared by licensed pilots who are not training pilots shall be used by the trainee evaluation committee and the board for assessing a pilot trainee's progress, providing guidance to the pilot trainee and for making alterations to the training program. All evaluation 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 trainee, but the pilot trainee has no right to see the form until it is filed with the board. The trainee evaluation committee shall review these evaluation forms from time to time and the chairperson of the trainee evaluation committee shall report the progress of all pilot trainees at each meeting of the board. If it deems it necessary, the trainee evaluation committee may recommend, and the board may make, changes from time to time in the training program requirements applicable to a pilot trainee, including the length of the training program.

     (14) Removal. A pilot trainee may be removed from the 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 the training program;

     (f) Inadequate performance on examinations or other actions required by the training program;

     (g) Failure to demonstrate the superior skills required in the initial evaluation;

     (h) Inadequate performance on training trips; or

     (i) Violation of a training program requirement, law, regulation or directive of the board.

     (15) Completion of the training program shall include the requirement that the pilot trainee:

     (a) Successfully 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.

[]

     (a) The ((pilotage)) written examination(s);

     (b) ((familiarization trips required by the board)) The simulator evaluation; ((and))

     (c) The ((pilotage)) pilot training program((, if applicable));

     (d) A physical examination; and

     (e) Tendered the license fee stipulated in WAC 363-116-070.

     ((The majority of the entire board shall pass on the licensing of a pilot and licenses shall be signed by the chairperson. All applicants shall have and display a United States Government Masters License and a first class United States endorsement without restrictions on that license to pilot in whichever pilotage district the applicant desires a license. In addition all applicants shall have and display an endorsement to their masters license issued by the United States Coast Guard certifying competence as a radar observer.

     (2) Prior to commencing familiarization trips, and the pilot training program, if applicable, an applicant must pass a written and oral examination given and graded by the board. Notice of the examination shall be published four months in advance by one paid advertisement in a major newspaper and written notice to one radio station, one television station, United Press International, and the Associated Press, as well as all pilots licensed by the board and all operators registered with the board. 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 immediate examination on less than four months notice.

     (a) The examination may be taken by all qualified applicants who:

     (i) Have had a license application on file with the board for at least one month prior to the examination. (This requirement may be waived upon the showing of good cause;)

     (ii) Have tendered a nonrefundable examination fee of three hundred dollars. The board may, at its discretion, refund the examination fee for an applicant who is unable to sit for the examination.

     (iii) Have had a physical examination by a physician designated by the board not more than thirty days prior to the examination to determine his physical fitness to be a pilot.

     (b) The examination shall be in compliance with RCW 88.16.090 and shall consist of questions covering, but not limited to, the following subjects as they pertain to the pilotage district for which the examination is being given:

     (i) Rules of the road as set forth in United States government publications;

     (ii) Aids to navigation;

     (iii) Courses, distances, and distance past abeam at change-of-course points, course points within channels, waterways, and navigable tributaries within the pilotage district for which the examination is being given;

     (iv) Cable crossing areas;

     (v) Channel and passage widths, depths and shoal areas;

     (vi) Bridge signals - width, regulations, and closed periods;

     (vii) Ship handling, docking and undocking problems, use of towboats and anchors, and seamanship;

     (viii) Vessel traffic system regulations where applicable;

     (ix) Ranges for determining compass error and measured miles;

     (x) Channel ranges;

     (xi) Engine and rudder order commands for United States and foreign merchant vessels and United States naval vessels;

     (xii) Operation and use of marine radar, including rapid plotting techniques;

     (xiii) Knowledge of tidal currents and ability to calculate currents and tides;

     (xiv) Pier, wharf, or terminal locations and berth numbers; dock or pier headings, lengths, and minimum depths of water alongside;

     (xv) Prohibited areas, restricted areas, and explosive anchorages;

     (xvi) Use of navigational and bridge instruments;

     (xvii) Anchorage locations;

     (xviii) Duties of pilot;

     (xix) Relationship between pilot and master;

     (xx) Location and meaning of storm warning signals;

     (xxi) Meaning of one and two flag signals;

     (xxii) United States government public health quarantine regulations;

     (xxiii) Harbor regulations;

     (xxiv) Washington State Pilotage Act and rules of the board of pilotage commissioners;

     (xxv) Chart knowledge, including chart symbols and abbreviations as set forth in the latest department of commerce NOS (National Ocean Survey) Chart No. 1.

     (3) After passing the examination, applicants for the Puget Sound pilotage district must enter and successfully complete a training program. In this program applicants shall be required to pilot vessels under the supervision of Puget Sound pilots with more than five years experience. Upon written request by an applicant to the board, the five years' experience requirement for the supervisory pilot may be waived in certain instances. After every such assignment the supervisory pilots shall fill out, on a form provided by the board, an evaluation of the applicant's performance. After completion of the training period, the board shall evaluate the applicant's performance in shiphandling skills on the basis of these forms and other relevant information and decide whether the applicant should be licensed. Dependent on the applicant's experience level and grade of license, applicants in this training program shall pilot under such supervision for a minimum period of four months and seventy-five assignments and a maximum period of six months and one hundred assignments.

     (4) After passing the examination, applicants for the Grays Harbor pilotage district must enter and successfully complete a training program. In this program applicants shall be required to pilot vessels under the supervision of Grays Harbor pilots with more than five years' experience. Upon written request by an applicant, to the board, the five years' experience requirement for the supervisory pilot may be waived in certain instances. After every such assignment the supervisory pilots shall fill out, on a form provided by the board, an evaluation of the applicant's performance. After completion of the training period, the board shall evaluate the applicant's performance in shiphandling skills on the basis of these forms and other relevant information and decide whether the applicant should be licensed. Dependent on the applicant's experience level and grade of license, applicants in this training program shall pilot under such supervision for a minimum period of four months and twenty-five assignments and a maximum period of six months and one hundred assignments.

     (5))) (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 the 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 the training program the trainee evaluation committee 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 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.

[Recodified as § 363-116-080. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035(2). 92-14-070, § 296-116-080, filed 6/26/92, effective 7/27/92. Statutory Authority: RCW 88.16.090(2). 90-23-080, § 296-116-080, filed 11/20/90, effective 12/21/90. Statutory Authority: RCW 88.16.090. 89-18-045 (Order 89-7, Resolution No. 89-7), § 296-116-080, filed 8/31/89, effective 10/1/89; 88-10-037 (Order 88-9, Resolution No. 88-9), § 296-116-080, filed 5/3/88. Statutory Authority: RCW 88.16.035. 86-07-010 (Order 86-2, Resolution No. 86-2), § 296-116-080, filed 3/10/86. Statutory Authority: RCW 88.16.090. 82-15-028 (Order 82-7, Resolution No. 82-7), § 296-116-080, filed 7/14/82; 81-21-019 (Order 81-4, Resolution No. 81-4), § 296-116-080, filed 10/13/81. Statutory Authority: RCW 88.16.035. 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-080, filed 3/4/80; 79-11-063 (Order 79-5, Resolution No. 79-5), § 296-116-080, filed 10/18/79; 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.]

     (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 ((under the direct supervision of a five-year pilot on the familiarization/training trips listed below. This veteran pilot shall complete and submit an evaluation form for each trip a new pilot performs. All of these trips must, if practical, be completed during the last ninety days of the license year.

     (3) Puget Sound pilotage district - License limitations.

     (a) First year:

     (i) Not authorized to pilot loaded petroleum tankers.

     (ii) Not authorized to pilot any vessels in excess of 25,000 gt or 660' in length.

     (iii) Not authorized to pilot any passenger vessels in excess of 5,000 gt.

     (b) Second year:

     (i) Not authorized to pilot loaded petroleum tankers in excess of 25,000 gt.

     (ii) Not authorized to pilot any vessels in excess of 30,000 gt.

     (c) Third year:

     (i) Not authorized to pilot loaded petroleum tankers in excess of 32,000 gt.

     (ii) Not authorized to pilot any vessels in excess of 45,000 gt.

     (d) Fourth year:

     (i) Not authorized to pilot loaded petroleum tankers in excess of 38,000 gt.

     (ii) Not authorized to pilot any vessels in excess of 60,000 gt.

     (e) Fifth year:

     (i) Not authorized to pilot loaded petroleum tankers in excess of 45,000 gt.

     (ii) Not authorized to pilot any vessels in excess of 75,000 gt.

     (4) Puget Sound pilotage district - Familiarization/training trips.

     (a) Prior to the expiration of the FIRST license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of not more than 30,000 gt; and the third trip shall involve a waterway transit of a vessel between 25,000 and 35,000 gt.

     (b) Prior to the expiration of the SECOND license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of between 25,000 and 32,000 gt; and the third trip shall involve the docking of a vessel between 30,000 and 45,000 gt other than a loaded petroleum tanker.

     (c) Prior to the expiration of the THIRD license year, a new pilot must make three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker of between 32,000 and 38,000 gt; and two trips shall involve the docking of vessels between 45,000 and 60,000 gt other than loaded petroleum tankers.

     (d) Prior to the expiration of the FOURTH license year, a new pilot must make three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker of between 38,000 and 45,000 gt; and two trips shall involve the docking of vessels between 60,000 and 75,000 gt other than loaded petroleum tankers.

     (e) Prior to the expiration of the FIFTH license year, a new pilot must make three familiarization/training trips which shall involve two trips docking and one trip anchoring loaded petroleum tankers of 55,000 gt or larger.

     (f) All of these trips must be complete trips between one port and another port, or between the pilot station and a port)) 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, except that pilots whose license anniversary date is less than one hundred twenty days after the effective date of this section shall only be required to make three such trips prior to the first license anniversary subsequent to the effective date 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.

     (((5))) (4) Grays Harbor pilotage district - license limitation((s)) 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.

     (((a) First year:

     (i) Not authorized to pilot loaded tankers carrying chemical or petroleum products.

     (ii) Not authorized to pilot any vessels in excess of 25,000 gt.

     (iii) Not authorized to pilot loaded or partially loaded vessels through the Chehalis River bridge.

     (b) Second year:

     (i) Not authorized to pilot loaded tankers carrying chemical or petroleum products in excess of 10,000 gt.

     (ii) Not authorized to pilot any vessels in excess of 30,000 gt.

     (c) Third year: Not authorized to pilot any vessels in excess of 45,000 gt.

     (d) Fourth year: Not authorized to pilot any vessels in excess of 60,000 gt.

     (e) Fifth year: Not authorized to pilot any vessels in excess of 75,000 gt.))

License Year	Maximum Size of Tank Vessels Carrying Petroleum Products	Maximum Size of Other Vessels
1	Piloting on vessels of any size prohibited	25,000 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	10,000 GT (ITC)	30,000 GT (ITC)
3	45,000 GT (ITC)	45,000 GT (ITC)
4	60,000 GT (ITC)	60,000 GT (ITC)
5	75,000 GT (ITC)	75,000 GT (ITC)

     (((f))) Notwithstanding subsection (((8))) (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 ((chair)) chairperson or acting ((chair)) 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.

     (((6))) (5) Grays Harbor pilotage district - ((Familiarization/training trips.)) pilot license upgrade requirements.

     (a) Prior to the expiration of the first license year, a new pilot must make five ((familiarization/training)) 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 25,000 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 three ((familiarization/training)) license upgrade trips on vessels in excess of 30,000 GT (ITC). Two of these trips shall involve docking and passage to or from the sea buoy; and one of these trips shall involve turning the vessel in the waterway.

     (c) Prior to the expiration of the third license year, a new pilot must make three ((familiarization/training)) license upgrade trips on vessels in excess of 45,000 GT (ITC) or on the nearest larger size vessels available. Two of these trips shall involve docking and passage to or from the sea buoy; and one 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 ((familiarization/training)) license upgrade trips on vessels in excess of 60,000 GT (ITC) or on the nearest larger size vessels available.

     (e) Prior to the expiration of the fifth license year, a new pilot must make two ((familiarization/training)) license upgrade trips on vessels in excess of 75,000 GT (ITC) or on the nearest larger size vessels available.

     (f) Notwithstanding (c), (d), and/or (e) of this subsection not being accomplished due to unavailability of vessels, in the sixth license year ((the new)) a pilot will be issued ((an unlimited)) a license without limitations.

     (((7))) (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.

     (((8))) (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.

     (((9))) (8) All limitations on a ((new)) 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 ((familiarization/training requirements)) license upgrade trips and the vessel simulator courses ((required)).

[Statutory Authority: RCW 88.16.105 and 88.16.035. 05-04-028, § 363-116-082, filed 1/26/05, effective 2/26/05. Statutory Authority: RCW 88.16.105. 99-08-003, § 363-116-082, filed 3/25/99, effective 4/25/99; 97-14-032, § 363-116-082, filed 6/25/97, effective 7/26/97. Recodified as § 363-116-082. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.105. 93-09-016, § 296-116-082, filed 4/14/93, effective 5/15/93. Statutory Authority: RCW 88.16.105. 92-24-056, § 296-116-082, filed 11/30/92, effective 12/31/92; 92-08-051, § 296-116-082, filed 3/26/92, effective 4/26/92; 89-18-063 (Order 89-6, Resolution No. 89-6), § 296-116-082, filed 9/1/89, effective 10/2/89; 89-11-060 (Order 89-5, Resolution No. 89-5), § 296-116-082, filed 5/18/89. Statutory Authority: RCW 88.16.035. 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-082, filed 3/4/80.]

     (2) Any applicant who takes an examination as provided in this chapter may request a review by the board of his ((or))/ her examination results. This request must be in writing and must be received by the board within ((fifteen)) five business days of receipt of notification of the examination results. The board will not set aside its prior determination unless the ((candidate)) applicant proves the challenged score was the result of fraud, coercion, arbitrariness or manifest unfairness by the board. ((The board will not consider any challenges to examination scores unless the total revised score could result in a higher ranking to enter the training program or a passing grade on the pilotage examination.

     (2))) If it finds that reasonable cause exists to question an examination grade, the board may allow any applicant appealing his/her examination results to enter the simulator evaluation. No applicant approved by the board for entry into the simulator evaluation shall be disqualified by the successful examination appeal of another applicant.

     (3) The procedure for filing a review is as follows:

     (a) The applicant must contact the board office for an appointment to appear personally to review ((incorrect answers on the)) his/her examination.

     (b) The ((candidate)) applicant will be provided a form to complete in the board office in defense of ((the examinee's)) his/her examination answers.

     (c) The ((candidate)) applicant must state the specific reason or reasons why ((the candidate)) he/she feels the results of ((the)) his/her examination should be changed.

     (d) The ((candidate)) applicant will be identified only by ((candidate)) applicant number for the purpose of this review. Letters of reference or requests for special consideration will not be read or considered by the board.

     (e) ((Candidates)) The applicant may not bring in notes or texts for use while completing the informal review form.

     (f) ((Candidates)) The applicant will not be allowed to take any notes or materials from the office upon leaving.

     (g) The board will schedule a closed session meeting to review the examinations and forms completed by the ((candidate)) applicant for the purpose of informal review.

     (h) The ((candidates)) applicant will be notified in writing of the results.

     (((3))) (4) Any ((candidate)) applicant who is not satisfied with the result of the examination review may request a formal hearing pursuant to RCW 88.16.100 and governed by the provisions of chapter 34.05 RCW. Such hearing must be requested within thirty days of receipt of the result of the board's review of the examination results.

[Recodified as § 363-116-083. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 88-10-038 (Order 88-10, Resolution No. 88-10), § 296-116-083, filed 5/3/88.]

     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.

[Recodified as § 363-116-175. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 87-19-100 (Order 87-1, Resolution No. 87-1), § 296-116-175, filed 9/17/87.]

CLASSIFICATION		RATE
Ship length overall (LOA)
Charges:		per LOA rate schedule in this section
Boarding fee:		$35.00
	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
Dead ship towing charge:		Double LOA
LOA of tug + LOA of tow + beam of tow			Zone

     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.

Waterway and bridge charges:

     Ships up to 90' beam:

     A charge of $185.00 shall be in addition to bridge fees 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 $88.00 per bridge.

Ships 90' beam and/or over:

     A charge of $251.00 shall be in addition to bridge fees 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 $175.00 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.

Compass adjustment	$250.00
Radio direction finder calibration	$250.00
Launching vessels	$376.00
Trial trips, 6 hours or less (Minimum $ 708.00)	$118.00 per hr.
Trial trips, over 6 hours (two pilots)	$235.00 per hr.
Shilshole Bay – Salmon Bay	$147.00
Salmon Bay – Lake Union	$114.00
Lake Union – Lake Washington (plus LOA zone from Webster Point)	$147.00
Cancellation charge	LOA Zone I

Cancellation charge -- Port Angeles (when a pilot is ordered and vessel proceeds to a port outside the Puget Sound pilotage district without stopping for pilot or when a pilot order is cancelled less than twelve hours prior to the original ETA.)

LOA Zone II

Docking delay after anchoring:

$118.00 per hr.

     Applicable harbor shift rate to apply, plus $118.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $118.00 for every hour or fraction thereof.

Sailing delay:

$118.00 per hour

     No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $118.00 for every hour or fraction thereof. The assessment of the standby fee shall not exceed a period of twelve hours in any twenty-four hour period.

Slowdown:

$118.00 per hour

     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 $118.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.

Tonnage charges:

     0 to 20,000 gross tons:

     Additional charge to LOA zone mileage of $0.0059 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 $0.0606 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 $0.0726 per gross ton.

     For vessels where a certificate of international gross tonnage is required, the appropriate international gross tonnage shall apply.

Delayed arrival-Port Angeles:

$118.00 per hour

     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 $118.00 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.

Transportation to vessels on Puget Sound:

	March Point or Anacortes	$ 157.00
	Bangor	153.00
	Bellingham	181.00
	Bremerton	135.00
	Cherry Point	209.00
	Dupont	97.00
	Edmonds	35.00
	Everett	59.00
	Ferndale	199.00
	Manchester	131.00
	Mukilteo	53.00
	Olympia	125.00
	Point Wells	35.00
	Port Gamble	185.00
	Port Townsend (Indian Island)	223.00
	Seattle	15.00
	Tacoma	71.00

(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 cancelled 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. Delinquent payment charge: 1 1/2% per month after 45 days from first billing.

Delinquent payment charge: 1 1/2% per month after 45 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 fees 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.

Training surcharge: Effective October 1, 2005 a surcharge of $10 shall be added to each vessel assignment for establishing a fund for payment of pilot trainee stipends. Thereafter, an additional $10 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each vessel assignment. The need for the initial $10 surcharge will be reviewed at each regular tariff hearing, or at such other times as may be determined by the board, where need is determined by considering the funds then available for trainee stipends and the number of trainees projected to be in the training program receiving a stipend during the tariff year.

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
	Intra Harbor	0-30 Miles	31-50 Miles	51-75 Miles	76-100 Miles	101 Miles Over
Up to 449	183	283	484	721	971	1,260
450 - 459	190	289	487	732	987	1,266
460 - 469	192	292	494	744	1,000	1,272
470 - 479	199	300	501	759	1,003	1,274
480 - 489	204	306	503	773	1,009	1,280
490 - 499	207	310	510	787	1,022	1,286
500 - 509	218	315	518	797	1,029	1,294
510 - 519	219	321	523	808	1,040	1,298
520 - 529	222	332	530	812	1,049	1,310
530 - 539	229	336	537	821	1,066	1,324
540 - 549	233	341	549	830	1,083	1,336
550 - 559	237	353	553	842	1,091	1,349
560 - 569	246	367	564	849	1,102	1,362
570 - 579	251	370	566	853	1,113	1,371
580 - 589	261	376	579	860	1,120	1,385
590 - 599	274	384	583	864	1,136	1,401
600 - 609	283	395	590	867	1,150	1,408
610 - 619	299	399	602	871	1,161	1,420
620 - 629	311	405	606	881	1,174	1,437
630 - 639	326	411	613	883	1,185	1,449
640 - 649	338	421	620	885	1,194	1,460
650 - 659	362	428	631	893	1,209	1,475
660 - 669	369	433	636	897	1,222	1,487
670 - 679	382	444	643	913	1,236	1,495
680 - 689	388	452	652	921	1,247	1,510
690 - 699	399	459	661	937	1,260	1,541
700 - 719	417	474	673	949	1,284	1,559
720 - 739	442	487	690	962	1,310	1,585
740 - 759	459	510	703	971	1,336	1,613
760 - 779	477	527	721	987	1,362	1,635
780 - 799	501	550	732	1,000	1,385	1,663
800 - 819	521	566	747	1,006	1,408	1,688
820 - 839	537	586	764	1,022	1,437	1,708
840 - 859	560	610	778	1,033	1,459	1,737
860 - 879	581	631	793	1,060	1,487	1,762
880 - 899	602	649	808	1,085	1,510	1,788
900 - 919	619	670	822	1,112	1,541	1,813
920 - 939	638	690	842	1,136	1,557	1,837
940 - 959	661	708	854	1,161	1,585	1,860
960 - 979	677	729	869	1,185	1,613	1,888
980 - 999	699	747	884	1,209	1,635	1,911
1000 - 1019	741	795	923	1,273	1,711	1,994
1020 - 1039	761	818	952	1,310	1,763	2,053
1040 - 1059	784	838	980	1,349	1,814	2,114
1060 - 1079	808	868	1,008	1,390	1,870	2,177
1080 - 1099	832	893	1,039	1,430	1,925	2,242
1100 - 1119	856	919	1,070	1,474	1,982	2,310
1120 - 1139	882	948	1,103	1,517	2,042	2,378
1140 - 1159	908	975	1,135	1,563	2,104	2,450
1160 - 1179	935	1,003	1,169	1,610	2,166	2,523
1180 - 1199	964	1,034	1,203	1,658	2,232	2,599
1200 - 1219	993	1,065	1,239	1,708	2,298	2,676
1220 - 1239	1,022	1,097	1,276	1,759	2,366	2,756
1240 - 1259	1,052	1,129	1,314	1,811	2,438	2,838
1260 - 1279	1,083	1,162	1,353	1,865	2,511	2,923
1280 - 1299	1,115	1,198	1,394	1,922	2,585	3,011
1300 - 1319	1,149	1,232	1,435	1,978	2,663	3,101
1320 - 1339	1,184	1,269	1,479	2,038	2,742	3,194
1340 - 1359	1,218	1,308	1,523	2,098	2,824	3,290
1360 - 1379	1,255	1,346	1,568	2,162	2,908	3,387
1380 - 1399	1,292	1,386	1,616	2,226	2,995	3,490
1400 - 1419	1,331	1,428	1,662	2,292	3,085	3,594
1420 - 1439	1,370	1,471	1,713	2,361	3,178	3,702
1440 - 1459	1,412	1,515	1,765	2,431	3,273	3,812
1460 - 1479	1,452	1,560	1,816	2,504	3,371	3,926
1480 - 1499	1,496	1,606	1,871	2,578	3,471	4,043
1500 Over	1,541	1,655	1,927	2,657	3,574	4,164

[Statutory Authority: RCW 88.16.035. 05-12-055, § 363-116-300, filed 5/26/05, effective 7/1/05; 04-12-014, § 363-116-300, filed 5/24/04, effective 7/1/04; 03-12-019, § 363-116-300, filed 5/28/03, effective 7/1/03; 02-12-008, § 363-116-300, filed 5/23/02, effective 7/1/02; 01-18-050, § 363-116-300, filed 8/30/01, effective 9/30/01; 01-12-032, § 363-116-300, filed 5/29/01, effective 7/1/01; 00-11-119, § 363-116-300, filed 5/22/00, effective 7/1/00; 99-12-027, § 363-116-300, filed 5/25/99, effective 7/1/99; 98-12-008, § 363-116-300, filed 5/22/98, effective 7/1/98; 97-12-017, § 363-116-300, filed 5/28/97, effective 7/1/97. Recodified as § 363-116-300. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 96-12-017, § 296-116-300, filed 5/29/96, effective 7/1/96; 95-12-018, § 296-116-300, filed 5/30/95, effective 7/1/95; 94-12-044, § 296-116-300, filed 5/27/94, effective 7/1/94; 93-12-133, § 296-116-300, filed 6/2/93, effective 7/3/93; 92-14-007, § 296-116-300, filed 6/19/92, effective 7/20/92; 91-11-074, § 296-116-300, filed 5/20/91, effective 6/20/91; 90-20-116, § 296-116-300, filed 10/2/90, effective 11/2/90; 90-08-095, § 296-116-300, filed 4/4/90, effective 5/5/90; 89-08-041 (Order 89-2, Resolution No. 89-2), § 296-116-300, filed 3/31/89. Statutory Authority: RCW 88.16.050. 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). 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-300, filed 12/19/86; 86-19-066 (Order 86-6, Resolution No. 86-6), § 296-116-300, filed 9/16/86; 86-02-035 (Order 86-1, Resolution No. 86-1), § 296-116-300, filed 12/30/85; 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-300, filed 12/31/84; 84-04-006 (Order 84-1, Resolution No. 84-1), § 296-116-300, filed 1/20/84; 83-17-055 (Order 83-6, Resolution No. 83-6), § 296-116-300, filed 8/17/83; 82-13-065 (Order 82-4, Resolution No. 82-4), § 296-116-300, filed 6/16/82. Statutory Authority: RCW 88.16.035. 81-12-017 (Order 81-2, Resolution No. 81-2), § 296-116-300, filed 5/29/81; 80-06-084 (Order 80-1, Resolution No. 80-1), § 296-116-300, filed 5/28/80. Statutory Authority: RCW 88.16.035(4). 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. 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.]

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