WSR 97-06-104
EMERGENCY RULES
BOARD OF
PILOTAGE COMMISSIONERS
[Filed March 5, 1997, 8:30 a.m.]
Date of Adoption: February 13, 1997.
Purpose: To establish application and renewal fees and procedures for a specified class of small passenger vessels or yachts which the board exempts from certain state pilotage requirements.
Citation of Existing Rules Affected by this Order: Amending WAC 296-116-360.
Statutory Authority for Adoption: RCW 88.16.070.
Other Authority: Chapter 174, Laws of 1995, Washington state legislature.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The Board of Pilotage Commissioners finds it necessary to adopt this emergency rule to allow certain small passenger vessels and yachts to continue operations without violating state law.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.
Effective Date of Rule: Immediately.
February 14, 1997
Peggy Larson
Administrator
AMENDATORY SECTION (Amending WSR 93-07-077, filed 3/18/93)
WAC 296-116-360 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. 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 ((such)) the vessel ((or vessels)) for
which exemption is sought must:
(((1))a) ((Seek)) Complete and file with the board a petition
requesting an exemption at least sixty days prior to planned vessel
operations in the Puget Sound pilotage district where possible.
Petitions filed with less than sixty days notice may be considered by the
chair at the chair's discretion.
(((2))b) ((Submit the)) The petition requesting exemption ((to the
chairperson, Washington state board of pilotage commissioners, with
details concerning)) shall be on a board-approved form which 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, ((and)) the dates of planned operations, and such other
information as the board shall require on its petition form. ((The board
shall hold a hearing at a regularly scheduled board meeting to consider
such exemption request.))
(c) Pay the appropriate initial application or renewal fee with the submittal of the petition, which is listed in subsection (5).
(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. ((The board, when
granting such an)) Any grant of an interim exemption((,)) may
((establish)) contain such conditions ((they)) as the chair deems
necessary ((so that such an exemption shall not be detrimental)) to
protect the public interest ((in regard to safe operation preventing))
in order to prevent the loss of human ((lives, loss of)) life and
property((,)) and ((protecting)) to protect the marine environment of the
state of Washington.
((One such)) Such conditions ((shall be)) may include a requirement
that the vessel employ the services of a pilot on its initial voyage into
Puget Sound waters or that the master of the vessel((, shall)) 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.
(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 1 Year Annual
A. Yachts or Less or Less Review
Up to 100 feet LOA $300 $500 $200
Up to 200 feet LOA 500 750 300
B. Passenger Vessels
Up to 100 feet LOA 750 1000 400
Up to 200 feet LOA 1250 1500 500
[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.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.