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                                           ENGROSSED HOUSE BILL NO. 421

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State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives Zellinsky, Brough, Schmidt, Walk and J. Williams

 

 

Read first time 1/28/87 and referred to Committee on Transportation.

 

 


AN ACT Relating to the creation of a special pilotage license; amending RCW 88.16.070; adding a new section to chapter 88.16 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 4, chapter 18, Laws of 1935 as last amended by section 6, chapter 337, Laws  of 1977 ex. sess. and RCW 88.16.070 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.  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:  PROVIDED FURTHER, That high-speed small passenger vessels cruising at a speed in excess of thirty knots, not exceeding one hundred fifty feet in length and less than five hundred tons are exempt from the provisions of this section when operated and manned by a pilot holding a special state pilot license under section 2 of this 1987 act, engaged in regular service exclusively between ports in Puget Sound or between ports in Puget Sound and British Columbia.  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.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 88.16 RCW to read as follows:

          (1) A special state pilot license may be issued to persons meeting the following requirements:

          (a) The person shall be a citizen of the United States, a resident of the state of Washington at the time of appointment, and over the age of twenty-five years and under the age of seventy years;

          (b) The applicant shall pass written and oral examinations administered by the board under RCW 88.16.090.  Such examination shall be applicable to the intent of a special license and shall be commensurate with the responsibilities of the vessel and route, and in no case shall be more strict than examinations given other pilot members of the association;

          (c)  The applicant shall meet applicable United States coast guard requirements;

          (d) The applicant shall have a minimum of one hundred trips on the routes to which the special license will apply or one year's experience on routes of the Puget Sound pilotage district;

          (e) The pilot shall meet the physical examination and health requirements of RCW 88.16.090(6);

          (f) The pilot shall meet other requirements as the board shall establish by rule.  Such rules shall be applicable to the intent of a special license and shall be commensurate with the responsibilities of the vessel and route.

          (2) Pilots licensed under this section shall be licensed for a period of two years.  Such licenses shall be renewed as of course, unless the board shall withhold the renewal for good cause.  Each pilot shall pay to the state treasurer an annual license fee established by the board of pilotage commissioners under chapter 34.04 RCW, but not to exceed one thousand dollars, to be placed in the state treasury to the credit of the pilotage account.

          (3) The scope of the special pilot license under this section shall be limited to serving as a pilot on high-speed small passenger vessels cruising at a speed in excess of thirty knots, not exceeding one hundred fifty feet in length and less than five hundred tons engaged in regular service exclusively between ports in Puget Sound or between ports in Puget Sound and British Columbia.

 

          NEW SECTION.  Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.