WSR 97-12-018

PERMANENT RULES

BOARD OF

PILOTAGE COMMISSIONERS

[Filed May 28, 1997, 1:05 p.m.]

Date of Adoption: April 10, 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 363-116-360.

Statutory Authority for Adoption: RCW 88.16.070.

Other Authority: Chapter 174, Laws of 1995, Washington state legislature.

Adopted under notice filed as WSR 97-06-103 on March 5, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.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: Thirty-one days after filing.

May 23, 1997

Peggy Larson

Administrator

AMENDATORY SECTION (Amending WSR 97-08-042, filed 3/28/97, effective 3/28/97)

WAC 363-116-360 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) Seek)) (a) 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) Submit the)) (b) 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.

The board, when granting such an)) (c) Pay the appropriate initial application or renewal fee with the submittal of the petition, which is listed in subsection (5) of this section.

(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. 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 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 Renewal

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