Passed by the Senate February 14, 2012 YEAS 48   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 1, 2012 YEAS 95   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6171 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 23, 2012, 12:08 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 23, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/13/12. Referred to Committee on Transportation.
AN ACT Relating to the weight limitation for certain vessels exempt from the pilotage act; and amending RCW 88.16.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 88.16.070 and 2008 c 128 s 3 are each amended to read
as follows:
Every vessel not exempt under this section that operates in the
waters of the Puget Sound pilotage district or Grays Harbor pilotage
district is subject to compulsory pilotage under this chapter.
(1) A United States vessel on a voyage in which it is operating
exclusively on its coastwise endorsement, its fishery endorsement
(including catching and processing its own catch outside United States
waters and economic zone for delivery in the United States), and/or its
recreational (or pleasure) endorsement, 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.
(2) The board may, 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) a small passenger vessel that is not more than five hundred
gross tons (international), does not exceed two hundred feet in overall
length, and is operated exclusively in the waters of the Puget Sound
pilotage district and lower British Columbia, or (b) a yacht that is
not more than ((five)) seven hundred fifty gross tons (international)
and does not exceed two hundred feet in overall length. 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.
(3) Every vessel not exempt under subsection (1) or (2) of this
section shall, while navigating the Puget Sound and Grays Harbor
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.