AN ACT Relating to vessels carrying oil and hazardous materials; and amending RCW 88.16.050, 88.16.070, and 88.16.180.

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

Sec. 1. Section 3, chapter 18, Laws of 1935 as last amended by section 3, chapter 485, Laws of 1987 and RCW 88.16.050 are each amended to read as follows:

(1) This chapter shall apply to the pilotage districts of this state as defined in this section and to vessels carrying (a) oil, or (b) hazardous materials as defined by the department of ecology.

((~~(1)~~)) (2)(a) "Puget Sound pilotage district", whenever used in this chapter, shall be construed to mean and include all the waters of the state of Washington inside the international boundary line between the state of Washington, the United States and the province of British Columbia, Canada and east of one hundred twenty-three degrees twenty-four minutes west longitude.

((~~(2)~~)) (b) "Grays Harbor pilotage district" shall include all inland waters, channels, waterways, and navigable tributaries within Grays Harbor and Willapa Harbor. The boundary line between Grays Harbor and Willapa Harbor and the high seas shall be defined by the board.

Sec. 2. Section 4, chapter 18, Laws of 1935 as last amended by section 2, chapter 194, Laws of 1987 and RCW 88.16.070 are each amended to read as follows:

(1) 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 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. The board shall report annually to the transportation committees of both houses of the legislature on such exemptions.

(2) Every vessel not ((~~so exempt, shall~~)) exempted by subsection (1) of this section, while navigating the Puget Sound and Grays Harbor and Willapa Bay pilotage districts, and every vessel subject to RCW 88.16.180 shall 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. 3. Section 2, chapter 125, Laws of 1975 1st ex. sess. as amended by section 231, chapter 3, Laws of 1983 and RCW 88.16.180 are each amended to read as follows:

Notwithstanding the provisions of RCW 88.16.070(1), any registered oil tanker((~~, whether enrolled or registered,~~)) or other registered vessel carrying hazardous materials of fifty thousand deadweight tons or greater, shall be required to take a Washington state licensed pilot while navigating Puget Sound and adjacent waters or the Strait of Juan de Fuca inside the international boundary line between the state of Washington and the province of British Columbia, Canada, and east of a line fixed by the board, which may be no farther west than a line projected northerly from the most westerly point of Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island and shall be liable for and pay pilotage rates pursuant to RCW 88.16.035.