PROPOSED RULES
PILOTAGE COMMISSIONERS
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-13-111.
Title of Rule and Other Identifying Information: WAC 363-116-070 Collection of fees, 363-116-360 Exempt vessels, and 363-116-300 Pilotage rates for the Puget Sound pilotage district.
Hearing Location(s): 2901 Third Avenue, 1st Floor, Agate Conference Room, Seattle, WA 98121, on November 9, 2010, at 11:30 a.m.
Date of Intended Adoption: November 9, 2010.
Submit Written Comments to: Captain Harry Dudley, Chairman, 2901 Third Avenue, Suite 500, Seattle, WA 98121, e-mail larsonp@wsdot.wa.gov, fax (206) 515-3906, by November 2, 2010.
Assistance for Persons with Disabilities: Contact Shawna Erickson by November 5, 2010, (206) 515-3647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule is intended to:
• | Increase the annual state pilot license fee for an active pilot from $6,000 to an amount within a range of $7,500 to $9,000. |
• | Increase all passenger and yacht exemption fee categories by fifty percent. |
• | Increase the training surcharge category of the Puget Sound Pilotage District tariff by $10. This $10 amount is intended to support the board's costs associated with certain specified training-related expenditures. The initial $10 charge already established in this tariff category is intended to continue to support trainee stipends paid to pilot trainees engaged in the stipend program. |
Reasons Supporting Proposal: It is necessary to establish sufficient funding to ensure the board's continued administration of the Pilotage Act.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Statute Being Implemented: Chapter 88.16 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Legislative authority to raise pilot license fees expires on June 30, 2011, pursuant to RCW 88.16.090(7).
The maximum amount to be charged for a vessel exemption application is $1,500 pursuant to RCW 88.16.070(2).
The board has the authority to direct the disposition of all training surcharge receipts collected through pilotage tariffs pursuant to WAC 363-116-078 (10)(b). Under this authority the board intends to direct the disposition of these funds to include payment of certain specified training-related expenditures in addition to pilot trainee stipends.
Name of Proponent: Board of pilotage commissioners, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2901 Third Avenue, Seattle, WA 98121, (206) 515-3904.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The application of the proposed modifications is clear in the description of the proposal and its anticipated effects as well as the attached proposed language.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the adoption of these rules. The Washington state board of pilotage commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).
October 5, 2010
Peggy Larson
Administrator
OTS-3656.1
AMENDATORY SECTION(Amending WSR 08-15-119, filed 7/21/08,
effective 8/21/08)
WAC 363-116-070
Collection of fees.
All pilots shall
pay an annual license fee of ((six)) seven thousand five
hundred to nine thousand dollars or such amount as may be set
by statute 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 one thousand 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.
[Statutory Authority: Chapter 88.16 RCW and 2008 c 128. 08-15-119, § 363-116-070, filed 7/21/08, effective 8/21/08. Statutory Authority: RCW 88.16.090 and 88.16.035. 07-17-128, § 363-116-070, filed 8/20/07, effective 9/20/07. Statutory Authority: RCW 88.16.090. 04-14-017, § 363-116-070, filed 6/28/04, effective 7/29/04. 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.]
CLASSIFICATION | RATE | |
Ship length overall (LOA) | ||
Charges: | ||
Per LOA rate schedule in this section. | ||
Boarding charge: | $48.00 | |
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 | |
Towing charge - Dead ship: | Double LOA Zone | |
LOA of tug + LOA of tow + beam of tow |
Compass Adjustment | $349.00 |
Radio Direction Finder Calibration | $349.00 |
Launching Vessels | $524.00 |
Trial Trips, 6 hours or less (minimum $984.00) | $164.00 per hour |
Trial Trips, over 6 hours (two pilots) | $328.00 per hour |
Shilshole Bay – Salmon Bay | $205.00 |
Salmon Bay – Lake Union | $159.00 |
Lake Union – Lake Washington (plus LOA zone from Webster Point) | $205.00 |
Cancellation Charge | LOA Zone I |
Cancellation Charge – Port Angeles: | LOA Zone II |
(When a pilot is ordered and vessel proceeds to a port outside the Puget Sound pilotage district without stopping for a pilot or when a pilot order is canceled less than twelve hours prior to the original ETA.) |
Ships up to 90' beam:
A charge of $258.00 shall be in addition to bridge charges 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 $123.00 per bridge.
Ships 90' beam and/or over:
A charge of $350.00 shall be in addition to bridge charges 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 $244.00 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.
Docking Delay After Anchoring:
Applicable harbor shift rate to apply, plus $266.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $266.00 for every hour or fraction thereof.
Sailing Delay:
No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $266.00 for every hour or fraction thereof. The assessment of the standby charge shall not exceed a period of twelve hours in any twenty-four-hour period.
Slowdown:
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 $266.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.
Delayed Arrival – Port Angeles:
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 $266.00 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.
Tonnage Charges:
0 to 20,000 gross tons:
Additional charge to LOA zone mileage of $0.0082 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 $0.0846 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 $0.1012 per gross ton.
For vessels where a certificate of international gross tonnage
is required, the appropriate international gross tonnage shall
apply.
Transportation to Vessels on Puget Sound:
March Point or Anacortes | $195.00 | |
Bangor | 190.00 | |
Bellingham | 225.00 | |
Bremerton | 167.50 | |
Cherry Point | 260.00 | |
Dupont | 120.00 | |
Edmonds | 42.50 | |
Everett | 72.50 | |
Ferndale | 247.50 | |
Manchester | 162.50 | |
Mukilteo | 65.00 | |
Olympia | 155.00 | |
Point Wells | 42.50 | |
Port Gamble | 230.00 | |
Port Townsend (Indian Island) | 277.50 | |
Seattle | 18.75 | |
Tacoma | 87.50 |
(b) Interport shifts: Transportation paid to and from both points.
(c) Intraharbor shifts: Transportation to be paid both ways. If intraharbor shift is canceled 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 30 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 charges 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.
British Columbia Direct Transit Charge:
In the event that a pilot consents to board or deboard a vessel at a British Columbia port, which consent shall not unreasonably be withheld, the following additional charges shall apply in addition to the normal LOA, tonnage and other charges provided in this tariff that apply to the portion of the transit in U.S. waters:
Direct Transit Charge | $2,107.00 |
Sailing Delay Charge. Shall be levied for each hour or fraction thereof that the vessel departure is delayed beyond its scheduled departure from a British Columbia port, provided that no charge will be levied for delays of one hour or less and further provided that the charge shall not exceed a period of 12 hours in any 24 hour period. | $283.00 per hour |
Slow Down Charge. Shall be levied for each hour or fraction thereof that a vessel's arrival at a U.S. or BC port is delayed when a vessel chooses not to maintain its normal safe 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 arrival time had the vessel maintained its normal safe speed capabilities. | $283.00 per hour |
Cancellation Charge. Shall be levied when a pilot arrives at a vessel for departure from a British Columbia port and the job is canceled. The charge is in addition to the applicable direct transit charge, standby, transportation and expenses. | $525.00 |
Transportation Charge Vancouver Area. Vessels departing or arriving at ports in the Vancouver-Victoria-New Westminster Range of British Columbia. | $499.00 |
Transportation Charge Outports. Vessels departing or arriving at British Columbia ports other than those in the Vancouver-Victoria-New Westminster Range. | $630.00 |
A surcharge of $((10.00)) 20.00 for each pilot trainee then
receiving a stipend pursuant to the training program provided
in WAC 363-116-078 shall be added to each pilotage assignment.
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 | |
(Length Overall) | Intra Harbor | 0-30 Miles | 31-50 Miles | 51-75 Miles | 76-100 Miles | 101 Miles & Over |
UP to 449 | 255 | 396 | 675 | 1,006 | 1,354 | 1,757 |
450 - 459 | 266 | 403 | 679 | 1,021 | 1,376 | 1,766 |
460 - 469 | 268 | 407 | 690 | 1,038 | 1,395 | 1,774 |
470 - 479 | 277 | 419 | 698 | 1,059 | 1,399 | 1,777 |
480 - 489 | 285 | 426 | 701 | 1,078 | 1,408 | 1,785 |
490 - 499 | 289 | 432 | 712 | 1,098 | 1,424 | 1,794 |
500 - 509 | 304 | 440 | 722 | 1,110 | 1,436 | 1,805 |
510 - 519 | 306 | 448 | 729 | 1,127 | 1,451 | 1,812 |
520 - 529 | 310 | 464 | 740 | 1,132 | 1,464 | 1,826 |
530 - 539 | 319 | 470 | 749 | 1,145 | 1,487 | 1,847 |
540 - 549 | 324 | 476 | 766 | 1,157 | 1,510 | 1,864 |
550 - 559 | 331 | 492 | 771 | 1,174 | 1,522 | 1,882 |
560 - 569 | 343 | 512 | 786 | 1,185 | 1,536 | 1,899 |
570 - 579 | 350 | 516 | 789 | 1,190 | 1,552 | 1,912 |
580 - 589 | 365 | 524 | 808 | 1,199 | 1,561 | 1,931 |
590 - 599 | 382 | 536 | 813 | 1,205 | 1,584 | 1,954 |
600 - 609 | 396 | 552 | 824 | 1,209 | 1,604 | 1,963 |
610 - 619 | 418 | 557 | 838 | 1,214 | 1,619 | 1,981 |
620 - 629 | 434 | 564 | 846 | 1,229 | 1,638 | 2,004 |
630 - 639 | 454 | 574 | 855 | 1,232 | 1,652 | 2,021 |
640 - 649 | 472 | 587 | 864 | 1,234 | 1,666 | 2,036 |
650 - 659 | 505 | 597 | 880 | 1,244 | 1,686 | 2,057 |
660 - 669 | 515 | 605 | 887 | 1,251 | 1,705 | 2,073 |
670 - 679 | 534 | 620 | 896 | 1,274 | 1,724 | 2,086 |
680 - 689 | 541 | 630 | 908 | 1,284 | 1,739 | 2,106 |
690 - 699 | 557 | 640 | 922 | 1,307 | 1,757 | 2,150 |
700 - 719 | 582 | 661 | 939 | 1,324 | 1,791 | 2,174 |
720 - 739 | 616 | 679 | 963 | 1,342 | 1,826 | 2,210 |
740 - 759 | 640 | 712 | 982 | 1,354 | 1,864 | 2,250 |
760 - 779 | 665 | 734 | 1,006 | 1,376 | 1,899 | 2,279 |
780 - 799 | 698 | 767 | 1,021 | 1,395 | 1,931 | 2,320 |
800 - 819 | 726 | 789 | 1,041 | 1,402 | 1,963 | 2,355 |
820 - 839 | 749 | 818 | 1,065 | 1,424 | 2,004 | 2,382 |
840 - 859 | 781 | 851 | 1,086 | 1,441 | 2,034 | 2,423 |
860 - 879 | 810 | 880 | 1,105 | 1,478 | 2,073 | 2,458 |
880 - 899 | 838 | 905 | 1,127 | 1,512 | 2,106 | 2,494 |
900 - 919 | 863 | 935 | 1,146 | 1,551 | 2,150 | 2,528 |
920 - 939 | 890 | 963 | 1,174 | 1,584 | 2,172 | 2,563 |
940 - 959 | 922 | 988 | 1,191 | 1,619 | 2,210 | 2,594 |
960 - 979 | 943 | 1,017 | 1,212 | 1,652 | 2,250 | 2,633 |
980 - 999 | 974 | 1,041 | 1,233 | 1,686 | 2,279 | 2,667 |
1000 - 1019 | 1,034 | 1,108 | 1,288 | 1,776 | 2,387 | 2,782 |
1020 - 1039 | 1,062 | 1,141 | 1,328 | 1,826 | 2,459 | 2,863 |
1040 - 1059 | 1,094 | 1,169 | 1,367 | 1,882 | 2,529 | 2,948 |
1060 - 1079 | 1,127 | 1,210 | 1,407 | 1,938 | 2,608 | 3,035 |
1080 - 1099 | 1,161 | 1,244 | 1,448 | 1,994 | 2,684 | 3,127 |
1100 - 1119 | 1,194 | 1,282 | 1,492 | 2,056 | 2,765 | 3,221 |
1120 - 1139 | 1,231 | 1,323 | 1,538 | 2,116 | 2,848 | 3,317 |
1140 - 1159 | 1,266 | 1,360 | 1,582 | 2,179 | 2,934 | 3,418 |
1160 - 1179 | 1,304 | 1,399 | 1,632 | 2,245 | 3,021 | 3,518 |
1180 - 1199 | 1,344 | 1,442 | 1,679 | 2,312 | 3,113 | 3,625 |
1200 - 1219 | 1,385 | 1,485 | 1,728 | 2,382 | 3,206 | 3,732 |
1220 - 1239 | 1,424 | 1,530 | 1,779 | 2,453 | 3,300 | 3,844 |
1240 - 1259 | 1,467 | 1,575 | 1,831 | 2,526 | 3,400 | 3,958 |
1260 - 1279 | 1,510 | 1,621 | 1,887 | 2,602 | 3,503 | 4,077 |
1280 - 1299 | 1,555 | 1,671 | 1,945 | 2,680 | 3,605 | 4,200 |
1300 - 1319 | 1,603 | 1,718 | 2,001 | 2,759 | 3,714 | 4,324 |
1320 - 1339 | 1,651 | 1,771 | 2,063 | 2,842 | 3,824 | 4,455 |
1340 - 1359 | 1,698 | 1,824 | 2,124 | 2,926 | 3,939 | 4,589 |
1360 - 1379 | 1,750 | 1,877 | 2,187 | 3,016 | 4,055 | 4,724 |
1380 - 1399 | 1,801 | 1,933 | 2,254 | 3,104 | 4,178 | 4,868 |
1400 - 1419 | 1,856 | 1,992 | 2,319 | 3,196 | 4,302 | 5,013 |
1420 - 1439 | 1,911 | 2,052 | 2,389 | 3,293 | 4,433 | 5,163 |
1440 - 1459 | 1,970 | 2,114 | 2,462 | 3,391 | 4,565 | 5,317 |
1460 - 1479 | 2,025 | 2,175 | 2,534 | 3,492 | 4,702 | 5,474 |
1480 - 1499 | 2,087 | 2,240 | 2,609 | 3,596 | 4,841 | 5,639 |
1500 Over | 2,150 | 2,308 | 2,686 | 3,706 | 4,985 | 5,807 |
[Statutory Authority: RCW 88.16.035. 10-12-059, § 363-116-300, filed 5/27/10, effective 7/1/10; 09-12-072, § 363-116-300, filed 5/29/09, effective 7/1/09; 08-12-018, § 363-116-300, filed 5/28/08, effective 7/1/08; 07-12-028, § 363-116-300, filed 5/30/07, effective 7/1/07; 07-01-084, § 363-116-300, filed 12/19/06, effective 1/20/07; 06-12-009, § 363-116-300, filed 5/26/06, effective 7/1/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-300, filed 8/29/05, effective 10/1/05. 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.]
The owners or operators of the vessel for which exemption is sought must:
(a) Complete and file with the board a petition requesting an exemption at least sixty days prior to planned vessel operations in the Puget Sound pilotage district where possible. Petitions filed with less than sixty days notice may be considered by the chair at the chair's discretion.
(b) The petition requesting exemption shall be on a board-approved form which shall include a description of the vessel, the contemplated use of vessel, the proposed area of operation, the names and addresses of the vessel's owner and operator, the dates of planned operations, and such other information as the board shall require on its petition form.
(c) Pay the appropriate initial application or renewal fee with the submittal of the petition, which is listed in subsection (5) of this section.
(2) All petitions for exemption filed with the board shall be reviewed by the chair, who shall make a recommendation to the board to be considered at its next regularly or specially scheduled meeting. Consistent with the public interest, the chair may grant an interim exemption to a petitioner subject to final approval at the next board meeting, where special time or other conditions exist. Any grant of an interim exemption may contain such conditions as the chair deems necessary to protect the public interest in order to prevent the loss of human life and property and to protect the marine environment of the state of Washington.
Such conditions may include a requirement that the vessel employ the services of a pilot on its initial voyage into Puget Sound waters or that the master of the vessel at all times hold as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than sixteen hundred gross tons or as a master of inland steam or motor vessels of not more than five hundred gross tons, such license to include a current radar endorsement.
(3) The recommendation of the chair shall be considered at the next regular or specially scheduled meeting of the board. Interested parties shall receive notice and opportunity for hearing at that time, provided that the party notifies the board at least five days in advance of the meeting of its desire for hearing.
(4) The board shall annually, or at any other time when in the public interest, review any exemptions granted to the specified class of small vessels to ensure that each exempted vessel remains in compliance with the original exemption and any conditions to the exemption. The board shall have the authority to revoke such exemption when there is not continued compliance with the requirements for exemption.
(5) Fee Schedule for Petitioners for Exemption
3 Months or Less |
1 Year or Less |
Annual Renewal |
||||
A. Yachts | ||||||
Up to 100 feet LOA | $ (( |
$ (( |
$ (( |
|||
Up to 200 feet LOA | (( |
(( |
(( |
|||
B. Passenger Vessels | ||||||
Up to 100 feet LOA | (( |
(( |
(( |
|||
Up to 200 feet LOA | (( |
1500 | (( |
[Statutory Authority: RCW 88.16.070 and 1995 c 174. 97-12-018, § 363-116-360, filed 5/28/97, effective 6/28/97. Recodified as § 363-116-360. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.070. 93-07-077, § 296-116-360, filed 3/18/93, effective 4/18/93; 90-20-039, § 296-116-360, filed 9/25/90, effective 10/26/90; 88-09-015 (Order 88-6, Resolution No. 88-6), § 296-116-360, filed 4/13/88.]