PILOTAGE COMMISSIONERS

[Order 22-13—Filed November 20, 2025, 8:05 a.m., effective December 21, 2025]

Effective Date of Rule: Thirty-one days after filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 88.16.260 (1)(d) states that the board of pilotage commissioners (BPC) must adhere to the following interim milestones to achieve the rule adoption by December 31, 2025:

(i) By September 1, 2020, identify and define the zones, specified in subsection (3)(a) of this section, to inform the analysis required under subsection (5) of this section;

(ii) By December 31, 2021, complete a synopsis of changing vessel traffic trends; and

(iii) By September 1, 2023, consult with potentially affected federally recognized Indian treaty fishing tribes, other federally recognized treaty tribes with potentially affected interests, and stakeholders as required under subsection (6) of this section and complete the analysis required under subsection (5) of this section. By September 1, 2023, the department of ecology (ecology) must submit a summary of the results of the analysis required under subsection (5) of this section to the legislature consistent with RCW 43.01.036.

Purpose: BPC adopted amendments to chapter 363-116 WAC, Pilotage rules, to establish tug escort requirements for oil tankers between 5,000 and 40,000 deadweight tons (DWT) and barges and articulated tug barges greater than 5,000 DWT. The adopted rule implements updates to chapter 88.16 RCW, Pilotage Act, as required under ESHB 1578, which directed BPC, in consultation with ecology, to adopt tug escort rules for Puget Sound by December 31, 2025. The adopted rule closes critical safety gaps for vessels carrying oil in bulk, reducing the risk of a catastrophic oil spill in Puget Sound and helping to protect wildlife, including endangered southern resident killer whales, fisheries, public health, and Washington's economy.

The adopted rule does not apply to unladen vessels or tank vessels that are conducting bunkering, which includes the transit of the tank vessel to the bunker location, the oil transfer operation, and the return transit of the tank vessel.

Citation of Rules Affected by this Order: Amending chapter 363-116 WAC.


•	Is designed to meet best achievable protection (BAP), as defined in RCW 88.46.010.
•	Is informed by other considerations in ESHB 1578, such as minimizing impacts on treaty fishing and underwater noise.
•	Maintains the tug escort requirements established in RCW 88.16.190 (2)(a)(ii), effective September 1, 2020, and includes the following key changes:


•	Expands the tug escort area by approximately 28.9 square miles to the northwest toward Patos Island (an 11 percent increase in area).
•	Establishes minimum horsepower (Hp) requirements for tugs escorting these vessels based on the escorted vessel's deadweight tonnage:


•	2,000 Hp for vessels between 5,000 and 18,000 DWT, and
•	3,000 Hp for vessels 18,000 DWT or greater.


•	Requires tugs escorting these vessels to have a minimum of twin screw propulsion (at least two propellers) for better maneuverability.
•	Requires a preescort conference between the escort tug and tank vessel to discuss the operational details of the transit.

Statutory Authority for Adoption: RCW 88.16.260 Board of pilotage commissioners authorized to adopt rules in consultation with other entities—Tug escorts.

Adopted under notice filed as WSR 25-13-042 on June 11, 2025.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made to the preescort conference requirement (WAC 363-116-600(7)):


•	Added subsection [(7)](b)(vii) Recent whale sightings, under Navigation to raise awareness of the presence of whales when vessel operators are conducting a preescort conference.
•	Modified subsection [(7)](c)(v) under Operations to reduce ambiguity and add clarity.

A final cost-benefit analysis is available by contacting Jaimie Bever, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, phone 206-515-3887, Washington relay service or TTY call 711 or 877-833-6341, email jaimie.bever@wsdot.wa.gov, website http://pilotage.wa.gov or https://ecology.wa.gov/about-us/who-we-are/our-programs/spills-prevention-preparedness-response/legislative-work/bpc-tug-escort-rulemaking and https://pilotage.wa.gov/tug-escort-rulemaking-1.

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 1, Amended 1, Repealed 0.

Number of Sections Adopted at the 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 0, Repealed 0.

Date Adopted: November 20, 2025.

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

WAC 363-116-500Tug escort requirements for oil tankers 40,000 DWT or greater.

(1) RCW 88.16.190(2) requires the escort of a tug or tugs for all oil tankers 40,000 DWT or greater when not in ballast. For purposes of that provision only, deadweight tonnage shall be the maximum summer deadweight tonnage that was assigned to the vessel at the time of construction as reported in Lloyd's Register of Ships. Unless the vessel was structurally altered and remeasured to less than 40,000 DWT, this original deadweight tonnage shall be used for purposes of determining if the vessel requires the appropriate tug escort.

(2) It shall be a violation of this regulation to provide pilotage services to an oil tanker not in compliance with this rule when the pilot has actual knowledge of the noncompliance.

(3) Oil tankers found to be in violation of the provisions of this regulation shall be subject to the provisions of RCW 88.16.150.

(4) The deadweight tonnage provision of this rule is to be used solely for determining the required use of a tug escort.

WAC 363-116-600Tug escort requirements for oil tankers between 5,000 and 40,000 DWT and barges and articulated tug barges greater than 5,000 DWT.

(1) The requirements in this section apply to the following tank vessels:

(a) Oil tankers between 5,000 and 40,000 deadweight tons (DWT);

(b) Articulated tug barges that are designed to transport oil in bulk internal to the hull and greater than 5,000 DWT; and

(c) Towed waterborne vessels or barges that are designed to transport oil in bulk internal to the hull and greater than 5,000 DWT.

(2) The requirements in this section do not apply to:

(a) Tank vessels that are conducting bunkering, which includes the transit of the tank vessel to the bunker location, the oil transfer operation, and the return transit of the tank vessel;

(b) Towed general cargo deck barges;

(c) Tank vessels that are equal to or greater than 40,000 DWT that are in ballast or unladen, which includes those whose clingage, residue, or other applicable cargo onboard is less than point five percent of the vessel's maximum cargo carrying capacity or 3,000 barrels, whichever figure is greater; or

(d) Tank vessels under 40,000 DWT that are in ballast or unladen, which includes those whose clingage, residue, or other applicable cargo onboard is less than two percent of the vessel's maximum cargo carrying capacity or 3,000 barrels, whichever figure is greater.

(3) Escorts are required in Rosario Strait and connected waters, as bounded by the following lines:

(a) A line at the northern boundary of the escort area from Point Migley (48° 44.907' N, 122° 42.912' W) to northern entrance to Rosario Strait (48° 46.400' N, 122° 47.500' W) to Alden Bank Buoy B (48° 47.063' N, 122° 48.970' W) to Alden Bank Buoy A (48° 50.390' N, 122° 52.229' W) to Patos Island Light (48° 47.340' N, 122° 58.282' W);

(b) A line from Patos Island to Sucia Island from Toe Point (48° 47.111' N, 122° 56.452' W) to Lawson Bluff (48° 46.148' N, 122° 54.950' W);

(c) A line from Sucia Island to Matia Island from NE tip of Sucia Island (48° 45.989' N, 122° 53.261' W) to north shore of Matia Island (48° 44.973' N, 122° 50.523' W);

(d) A line from Matia Island to Orcas Island from E tip of Matia Island (48° 44.741' N, 122° 49.586' W) to Puffin Island Shoal Light (48° 44.604' N, 122° 49.007' W) to Point Thompson (48° 42.773' N, 122° 52.745' W);

(e) A line crossing Obstruction Pass from Orcas Island (48° 36.399' N, 122° 48.803' W) to Obstruction Island (48° 36.051' N, 122° 48.803' W);

(f) A line crossing Peavine Pass from Obstruction Island (48° 35.487' N, 122° 48.687' W) to Blakely Island near (48° 35.308' N, 122° 48.674' W);

(g) A line crossing Thatcher Pass from Blakely Island (48° 31.880' N, 48° 31.880' N) to Decatur Island (48° 31.431' N, 122° 48.552' W);

(h) A line crossing Lopez Pass from Lopez Pass Light 2 (48° 28.867' N, 122° 49.092' W) to Lopez Island (48° 28.705' N, 122° 49.178' W);

(i) A line at the southern boundary of the escort area from Point Colville (48° 25.306' N, 122° 48.795' W) to Davidson Rock Light (48° 24.797' N, 122° 48.720' W) to southern entrance to Rosario Strait (48° 24.000' N, 122° 47.151' W) to Whidbey Island near West Point (48° 24.000' N, 122° 39.900' W) to Sares Head (48° 25.540' N, 122° 40.478' W);

(j) A line across the Swinomish Channel at the Duane Berentson Highway Bridge (48° 27.267' N, 122° 30.851' W); and

(k) A line across Hale Passage from Portage Point (48° 42.923' N, 122° 39.112' W) to Echo Point (48° 41.807' N, 122° 39.578' W).

(4) Tank vessels shall not operate in the area described in subsection (3) of this section unless they are under the escort of a tug with a minimum of twin-screw propulsion.

(5) Tank vessels greater than 5,000 and less than 18,000 DWT shall not operate in the area described in subsection (3) of this section unless they are under the escort of a tug with a minimum of 2,000 horsepower.

(6) Tank vessels equal to or greater than 18,000 DWT shall not operate in the area described in subsection (3) of this section unless they are under the escort of a tug with a minimum of 3,000 horsepower.

(7) Before each escort, the tank vessel officer in charge shall hold a preescort conference with the escort tug officer in charge. If the tank vessel has a pilot onboard, the pilot shall also be included in the conference. The purpose of the preescort conference is to discuss and agree upon the operational details of the transit. The preescort conference must be recorded in the logbooks of the participating vessels and shall include discussion of the following topics:

(a) Safety.

(i) Safety of tug and tank vessel personnel; and

(ii) Safe working load of the deck fittings on the tank vessel.

(b) Navigation.

(i) Anticipated route and destination;

(ii) Anticipated speeds during the transit;

(iii) Active tribal, commercial, and recreational fisheries;

(iv) Relevant local notice to mariners;

(v) Location and approximate time of the escort beginning and end;

(vi) Anticipated weather, tides, currents, sea-state, and traffic; and

(vii) Recent whale sightings.

(i) Operational status of each vessel and their equipment including any limitations such as speed;

(ii) Propulsion type and maximum direct bollard pull of the tug;

(iii) Primary and secondary means of communication (e.g., VHF radio);

(iv) Availability of appropriate crew members and their roles when responding to an emergency;

(v) Tethering location (if applicable), relative position, and direction of travel of the tug(s) during the transit;

(vi) Method of connection of the tug to the tank vessel in an emergency or if tethering (e.g., tug's line, pennant, messenger line, etc.);

(vii) Whether any training or escort exercise will be performed during the transit; and

(viii) Any other items to ensure that in the event of a failure or emergency the tank vessel can be kept under control and within the limits of the available channel.