Revised Code of Washington
Chapter 88.16 - Pilotage Act.
88.16.035 - Board of pilotage commissioners—Powers and duties.

RCW 88.16.035
Board of pilotage commissioners—Powers and duties.

(1) The board of pilotage commissioners shall:
(a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter;
(b)(i) Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board;
(ii) Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and
(iii) Establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service;
(c) Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage;
(d) Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district;
(e) Provide assistance to the utilities and transportation commission, as requested by the utilities and transportation commission, in its performance of pilotage tariff setting functions under RCW 81.116.010 through 81.116.060;
(f) File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings or stipends of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots and the disposition thereof; the number of groundings, marine occurrences, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot's or trainee's name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot or trainee, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; and any and all other information which the board deems appropriate to include;
(g) Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters;
(h) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;
(i) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.
(2) The board may pay stipends to pilot trainees under subsection (1)(b) of this section.

[ 2018 c 107 § 3; 2009 c 496 § 1; 2008 c 128 § 2; 2006 c 53 § 1; 2005 c 26 § 1; 1987 c 264 § 1; 1977 ex.s. c 337 § 4.]
NOTES:

Effective date—2018 c 107: See note following RCW 88.16.055.


Retroactive application—2006 c 53: "This act is intended to clarify the authority of the board of pilotage commissioners to pay stipends to pilot trainees that have indicated they wish to receive a stipend during the board of pilotage commissioners' training program. Section 1 of this act is remedial and curative in nature and applies retroactively to December 1, 2005. Specifically, the board may pay stipends, pursuant to the rules established by the board, to any pilot trainees that qualified for the stipends on, or after, December 1, 2005." [ 2006 c 53 § 3.]


Effective date—2006 c 53: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2006]." [ 2006 c 53 § 4.]


Effective date—2005 c 26: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 12, 2005]." [ 2005 c 26 § 4.]


Severability—1977 ex.s. c 337: See note following RCW 88.16.005.

Structure Revised Code of Washington

Revised Code of Washington

Title 88 - Navigation and Harbor Improvements

Chapter 88.16 - Pilotage Act.

88.16.005 - Legislative declaration of policy and intent.

88.16.010 - Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.

88.16.020 - Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.

88.16.035 - Board of pilotage commissioners—Powers and duties.

88.16.040 - Oaths and subpoenas—Compelling attendance of witnesses—Contempt.

88.16.050 - Pilotage districts and waters affected.

88.16.055 - Utilities and transportation commission to establish pilotage tariffs for pilotage services—Extra compensation, consideration of pilot retirement expenses incurred in prior year—Submission of statutory changes—Report.

88.16.061 - Pilotage account.

88.16.070 - Vessels exempted and included under chapter—Fee—Penalty.

88.16.090 - Pilot and pilot trainee licenses—Qualifications—Duration—Annual fee—Examinations and evaluations—Training program and license—Penalty—Reporting requirements.

88.16.100 - Pilots' licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review.

88.16.102 - Pilots' licenses—Mandatory termination of.

88.16.103 - Mandatory rest periods for pilots—Rules—Assignment refusal—Training program trips by pilot trainees—Quarterly review.

88.16.105 - Size and type of vessels prescribed for newly licensed pilot—Rules.

88.16.107 - Pilots or pilot trainees may testify without sanctions for doing so.

88.16.110 - Pilots to file quarterly report—Contents.

88.16.115 - Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest.

88.16.118 - Limited liability of pilots and pilot trainees—Liability of vessel, owner, or operator not limited.

88.16.120 - Failure to observe pilotage rate—Penalty.

88.16.130 - Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot.

88.16.133 - Deviations from state law—Duty to submit pilot's report.

88.16.135 - Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request.

88.16.140 - Pilot's lien for compensation.

88.16.150 - General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor.

88.16.155 - Vessel master to make certification before pilotage service offered—Procedure upon refusal—Rules—Penalties—Exception.

88.16.160 - Severability and short title.

88.16.170 - Oil tankers—Intent and purpose.

88.16.180 - Oil tankers—State licensed pilot required.

88.16.190 - Oil tankers—Restricted waters—Requirements.

88.16.195 - Oil tankers—Not to exceed speed of escorting tug.

88.16.200 - Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.

88.16.250 - Board of pilotage commissioners authorized to adopt rules—Grays Harbor pilotage district—Tug escort requirements/safety measures for certain oil tankers.

88.16.260 - Board of pilotage commissioners authorized to adopt rules in consultation with other entities—Tug escorts.