Effective Date of Rule: Thirty-one days after filing.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: SB 6171 was passed by the 2012 legislature which increased the tonnage limitation from five hundred to seven hundred fifty gross tons (international) on foreign flagged yachts applying for a pilotage exemption.

     This amendment to RCW 88.16.070 became effective on June 7, 2012.

     Purpose: To align the language of this rule so it is consistent with the statute. The proposed changes are also intended to modify the procedures, fee structure and the petition form when applying for an exemption from pilotage requirements.

     Citation of Existing Rules Affected by this Order: Amending WAC 363-116-360.

     Statutory Authority for Adoption: Chapter 88.16 RCW.

      Adopted under notice filed as WSR 12-16-079 on July 31, 2012.

     Changes Other than Editing from Proposed to Adopted Version: A modification was made to subsection (6) in order to better define annual renewals of vessel exemptions.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: September 13, 2012.

Peggy Larson

Executive Director

OTS-4931.2

AMENDATORY SECTION(Amending WSR 10-24-085, filed 11/30/10, effective 12/31/10)

WAC 363-116-360   Exempt vessels.   (1) Under the authority of RCW 88.16.070, application may be made to the board of pilotage commissioners to seek exemption from the pilotage requirements for the operation of a limited class of small passenger vessels ((or yachts)), which are not more than five hundred gross tons (international), do not exceed two hundred feet in length, and are operated exclusively in the waters of the Puget Sound pilotage district and lower British Columbia, or yachts, which are not more than seven hundred fifty gross tons (international), and do not exceed two hundred feet in length. For purposes of this section, any vessel carrying passengers for a fee, including yachts under charter where both the vessel and crew are provided for a fee, shall be considered a passenger vessel.

     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)) forty-eight hours prior to planned vessel operations ((in the Puget Sound pilotage district)) where possible. Petitions filed with less than ((sixty days)) forty-eight hours 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)). The form 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 areas and dates of planned operations, and such other information as the board shall require ((on its petition form)).

     (((c))) (b) 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.

     (3) Any grant of an ((interim)) exemption, including interim exemptions, may contain such conditions as the board, or in the case of an interim exemption, 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)) state pilotage waters; and/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; and/or that the vessel possess specific navigational charts, publications and navigational equipment necessary to ensure safe operation.

     (((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 and including 50 feet LOA	$((300)) 50		$((500)) 50		$((200)) 50
Up to and including 100 feet LOA	450		750		300
Up to and including 200 feet LOA	750		1125		450
B. Passenger Vessels
Up to and including 100 feet LOA	1125		1500		600
Up to and including 200 feet LOA	1500		1500		750

     (6) Petitions for annual renewals must be submitted within one year of the expiration of the previous exemption.

[Statutory Authority: Chapter 88.16 RCW. 10-24-085, § 363-116-360, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 88.16.070 and 1995 c 174. 97-12-018, § 363-116-360, filed 5/28/97, effective 6/28/97. 97-08-042, recodified as § 363-116-360, 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.]