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HOUSE BILL 1310
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Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/20/95. Referred to Committee
on Transportation.
Strengthening the provisions of the
pilotage act affecting marine safety and protection of the marine environment.
AN ACT Relating to
pilotage services; amending RCW 88.16.070; reenacting and amending RCW
88.16.150; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 88.16.070 and 1987 c
194 s 2 are each amended to read as follows:
All ((vessels under
enrollment and all)) United States and Canadian vessels engaged exclusively
in the coasting trade on the west coast of the continental United States
(including Alaska) and/or British Columbia shall be exempt from the provisions
of this chapter unless a pilot licensed under this chapter be actually
employed, in which case the pilotage rates provided for in this chapter shall
apply. However, the board shall, upon the written petition of any interested
party, and upon notice and opportunity for hearing, grant an exemption
from the provisions of this chapter to any vessel that the board finds is a
small passenger vessel or yacht which is not more than five hundred gross tons
(international), does not exceed two hundred feet in length, and is operated
exclusively in the waters of the Puget Sound pilotage district and lower British
Columbia. Such an exemption shall not be detrimental to the public interest in
regard to safe operation preventing loss of human lives, loss of property, and
protecting the marine environment of the state of Washington. Such petition
shall set out the general description of the vessel, the contemplated use of
same, the proposed area of operation, and the name and address of the vessel's
owner. The board shall annually, or at any other time when in the public
interest, review any exemptions granted to this specified class of small
vessels to insure that each exempted vessel remains in compliance with the
original exemption. The board shall have the authority to revoke such
exemption where there is not continued compliance with the requirements for exemption.
The board shall maintain a file which shall include all petitions for
exemption, a roster of vessels granted exemption, and the board's written
decisions which shall set forth the findings for grants of exemption. Each
applicant for exemption or annual renewal shall pay a fee, payable to the
pilotage account. Fees for initial applications and for renewals shall be
established by rule, and shall not exceed one thousand five hundred dollars.
The board shall report annually to the legislature on such exemptions. Every
vessel not so exempt, shall while navigating the Puget Sound and Grays Harbor
and Willapa Bay pilotage districts, employ a pilot licensed under the
provisions of this chapter and shall be liable for and pay pilotage rates in
accordance with the pilotage rates herein established or which may hereafter be
established under the provisions of this chapter: PROVIDED, That any vessel
inbound to or outbound from Canadian ports is exempt from the provisions of
this section, if said vessel actually employs a pilot licensed by the Pacific
pilotage authority (the pilot licensing authority for the western district of
Canada), and if it is communicating with the vessel traffic system and has
appropriate navigational charts, and if said vessel uses only those waters east
of the international boundary line which are west of a line which begins at the
southwestern edge of Point Roberts then to Alden Point (Patos Island), then to
Skipjack Island light, then to Turn Point (Stuart Island), then to Kellet Bluff
(Henry Island), then to Lime Kiln (San Juan Island) then to the intersection of
one hundred twenty-three degrees seven minutes west longitude and forty-eight
degrees twenty-five minutes north latitude then to the international boundary.
The board shall correspond with the Pacific pilotage authority from time to
time to ensure the provisions of this section are enforced. If any exempted
vessel does not comply with these provisions it shall be deemed to be in
violation of this section and subject to the penalties provided in RCW
88.16.150 as now or hereafter amended and liable to pilotage fees as determined
by the board. The board shall investigate any accident on the waters covered
by this chapter involving a Canadian pilot and shall include the results in its
annual report.
Sec. 2. RCW 88.16.150 and 1987 c
485 s 5 and 1987 c 202 s 247 are each reenacted and amended to read as follows:
(1) In all cases where
no other penalty is prescribed in this chapter, any violation of this chapter
or of any rule or regulation of the board shall be punished as a gross
misdemeanor, and all violations may be prosecuted in any court of competent
jurisdiction in any county where the offense or any part thereof was
committed. In any case where the offense was committed upon a ship, boat or
vessel, and there is doubt as to the proper county, the same may be prosecuted
in any county through any part of which the ship, boat or vessel passed, during
the trip upon which the offense was committed. All fines collected for any
violation of this chapter or any rule or regulation of the board shall within
thirty days be paid by the official collecting the same to the state treasurer
and shall be credited to the pilotage account: PROVIDED, That all fees, fines,
forfeitures and penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in chapter 3.62 RCW
as now exists or is later amended.
(2) Notwithstanding any
other penalty imposed by this section, any person who shall violate the
provisions of this chapter, shall be liable to a maximum civil penalty of ((five))
ten thousand dollars for each violation. The board may request
the attorney general or the prosecuting attorney of the county in which any
violation of this chapter occurs to bring an action for imposing the civil
penalties provided for in this subsection.
Moneys collected from
civil penalties shall be deposited in the pilotage account.
(3) Any
master of a vessel who shall knowingly fail to inform the pilot dispatched to
said vessel or any agent, owner, or operator, who shall knowingly fail to
inform the pilot dispatcher, or any dispatcher who shall knowingly fail to
inform the pilot actually dispatched to said vessel of any special directions
mandated by the coast guard captain of the port under authority of the Ports
and Waterways Safety Act of 1972, as amended, for the handling of such vessel
shall be guilty of a gross misdemeanor.
