Washington Administrative Code

That the hearing examiner or other appropriate officer, in his discretion but consistent with the rights of the parties, cause the parties to make available for inspection in advance of the hearing, and for purposes of cross-examination at the hearing, the data underlying stateme…

Whenever the manner of introduction of opinion or expert testimony is governed by requirements fixed under the provisions of WAC 363-11-470 or 363-11-480, such testimony not submitted in accordance with the relevant requirements shall not be received in evidence in the absence of…

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, notify the board of pilotage commissioners or its designated hearing officer of said desire, stating in det…

Subject to the other provisions and rules on evidence set forth in this chapter, evidentiary rulings shall conform with RCW 34.05.452 and WAC 10-08-140.[Statutory Authority: Chapter 88.16 RCW. WSR 12-12-041, § 363-11-520, filed 5/30/12, effective 6/30/12. WSR 97-08-042, recodifie…

When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The officer conducting the hearing may, in his discretion, either with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued. …

Any interested person may petition the board of pilotage commissioners requesting the promulgation, amendment, or repeal of any rule.[WSR 97-08-042, recodified as § 363-11-540, filed 3/28/97, effective 3/28/97; Rule .08.540, effective 3/1/60, filed 3/23/60.]

Where the petition requests the promulgation of a rule, the requested or proposed rule must be set out in full. The petition must also include all the reasons for the requested rule together with briefs of any applicable law. Where the petition requests the amendment or repeal of…

All petitions shall be considered by the board of pilotage commissioners and the board may, in its discretion, order a hearing for the further consideration and discussion of the requested promulgation, amendment, repeal, or modification of any rule.[WSR 97-08-042, recodified as …

The board of pilotage commissioners shall notify the petitioning party within a reasonable time of the disposition, if any, of the petition.[WSR 97-08-042, recodified as § 363-11-570, filed 3/28/97, effective 3/28/97; Rule .08.570, effective 3/1/60, filed 3/23/60.]

As prescribed by chapter 34.05 RCW et seq., any interested person may petition the board of pilotage commissioners for a declaratory ruling. The board shall consider the petition and within a reasonable time the board shall:(1) Issue a nonbinding declaratory ruling; or(2) Notify …

(1) Any interested person petitioning the board of pilotage commissioners for a declaratory ruling pursuant to RCW 34.05.240, shall generally adhere to the following form for such purpose.(a) At the top of the page shall appear the wording "Before the board of pilotage commission…

The regular monthly meeting of the board of pilotage commissioners shall be on the second Thursday of each month at 9:30 a.m. in the offices of the Washington state ferries, Seattle, Washington, unless another time and place has been designated by the chairperson at the last prev…

A special meeting of the board of pilotage commissioners may be called by the presiding officer, or by a majority of the members of the board, by delivering personally or by mail written notice to all other members of the board at least twenty-four hours before the time of such m…

If, by reason of an emergency, there is a need for expedited action by the board to meet the emergency, the presiding officer may provide for a meeting site, and the notice requirements of chapter 42.30 RCW shall be suspended during such emergency. To the extent possible, notice …

The board of pilotage commissioners shall keep accurate records of the minutes of the meetings, records of pilots' earnings, mileage piloted, accident reports, licenses, applications for licenses, examinations for licenses, and any and all other records deemed necessary by the bo…

The board shall employ the necessary personnel for the conduct of its business following the personnel practices and salary schedules of the Washington state ferries.[WSR 97-08-042, recodified as § 363-116-060, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 …

(1) The board will, from time to time, set the number of pilots to be licensed in each pilotage district of the state that is best calculated to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service. This determination will be made by the bo…

All pilots shall pay an annual license fee of six thousand five hundred dollars or such amount as may be set by statute for every year in which they perform any pilotage services. If a licensed pilot does not perform pilotage services during a license year, his/her fee for that y…

(1) Sea service.(a) In addition to meeting the preexamination requirements of RCW 88.16.090, pilot applicants must, before taking the examination provided in WAC 363-116-076, meet one of the following indicated service requirements while holding a minimum license as mate/master o…

(1) Pilot applicants must pass a written examination administered and scored by the board or the board's designated contracting entity. The board, in consultation with its contracted psychometrician, will develop the written examination and set the minimum passing or "cut" score …

(1) Pilot applicants who pass a written examination and whose scores are among the top 20 (or such other number as may be set by the board) of those taking the written examination (plus any pilot applicants who tie a qualifying score) shall be eligible to take the simulator evalu…

After successful completion of the pilot examination as required by RCW 88.16.090, pilot candidates pursuing a pilot license are positioned on a ranked list for the applicable pilotage district(s) and must enter and successfully complete a training program specified by the board …

(1) No person shall be issued a pilot license until he/she has applied for a pilot license and successfully completed:(a) The written examination(s);(b) The simulator evaluation;(c) The pilot training program, as determined by the board;(d) A physical examination; and(e) Tendered…

(1) Pilots shall observe rest period requirements as set out in RCW 88.16.103 as now or hereafter amended. Pilots shall have a mandatory rest period of at least 10 hours with an opportunity for eight hours of uninterrupted sleep after completion of an assignment or multiple assig…

(1) The following limitations and pilot license upgrade requirements shall apply to a newly licensed pilot during their first five years of active service. For purposes of this section, the term "tank vessel" shall, in addition to tank ships, include any articulated or integrated…

(1) Pilot applicants who take a written examination as provided in this chapter shall provide the board with an email address to be used for notification of their written examination results. It will be the responsibility of the pilot applicant to ensure that the board has a curr…

(1) Pilot applicants who take a simulator evaluation as provided in this chapter shall provide the board with an email address to be used for notification of their individual simulator evaluation results. It will be the responsibility of the pilot applicant to ensure that the boa…

The association of pilots for the Puget Sound pilotage district, together with the association of pilots for the Grays Harbor pilotage district, shall maintain on file with the commission a current copy of their respective association bylaws and amendments. Hereafter they shall f…

This section shall apply to all proceedings involving a board determination made pursuant to WAC 363-116-080:(1) Pilot trainees who enter a training program as provided in this chapter shall provide the board with an address to be used for notification purposes. Such address shal…

(1) Annual license fees and reports on annual physical examinations pursuant to RCW 88.16.090 shall be submitted to the board on or before the anniversary date of the license. Each pilot shall ensure that the board, at all time, possesses a copy of his/her currently valid United …

(1) The board shall review the pilot's license of any pilot who, within the preceding twelve months, has been convicted of any offense involving drugs or the personal consumption of alcohol while on duty, including an offense of operating a vessel or vehicle while under the influ…

(1) A Washington state licensed marine pilot, under the authority of the master, directs ships into and out of harbors, estuaries, straits, sounds, rivers, lakes, and bays using a specialized knowledge of local conditions including winds, weather, tides, and current: Orders offic…

[WSR 97-08-042, recodified as § 363-116-140, filed 3/28/97, effective 3/28/97; Order 2-68, § 296-116-140, filed 11/1/68.]

Port Angeles is hereby declared the location of the pilotage station for Puget Sound and adjacent inland waters and tariffs shall be assessed accordingly. Boundary pilotage shall apply on ships going to and coming from all British Columbia ports.[WSR 97-08-042, recodified as § 36…

The board of pilotage commissioners has been charged with certain statutory duties by RCW 88.16.035. To assist the board in its responsibilities to provide for the maintenance of efficient and competent pilotage services and to annually fix the pilotage tariffs for pilotage servi…

Effective 0001 hours January 1, 2019, through 2400 hours December 31, 2019.CLASSIFICATIONRATECharges for piloting of vessels in the inland waters and tributaries of Grays Harbor shall consist of the following:Draft and Tonnage Charges: Each vessel shall be charged according to it…

(1) In any case where a vessel in the charge of a state licensed pilot or a state licensed pilot trainee is involved in an incident or near-miss occurrence, the pilot and the pilot trainee on the vessel shall make a report to the board in the following required manner:(a) Report …

(1) Upon boarding a vessel in the Puget Sound pilotage district or Grays Harbor pilotage district, a pilot shall request on the form provided in WAC 296-116-2051 that the master of the vessel certify that: (a) The engine room is properly staffed, able to maneuver, and all related…

Washington State Board of Pilotage Commissioners Date:Vessel Name:Flag:master's certificationI, . . . . . . . . . . ., Master of this vessel, certify the following information: YesNoIs the engine room properly staffed, the engine able to maneuver, and all related equipment in goo…

Effective 0001 hours January 1, 2019, through 2400 hours December 31, 2019.CLASSIFICATIONRATEShip length overall (LOA) Charges: Per LOA rate schedule in this section. Pilot boat fee: $348.00 Per each boarding/deboarding at the Port Angeles pilot station. Harbor shift - Live ship …

With respect to the passage of section 107, chapter 333, Laws of 2021 (Substitute Senate Bill No. 5165), the board of pilotage commissioners is appropriated $2,926,000 from the pilotage account state appropriation solely for self-insurance liability premium expenditures. This app…

Pilot associations having retirement plans, the expense of which is reimbursed through board established tariffs, shall make such payments to retired pilots as are required by the benefits and enforcement provisions of those plans.[Statutory Authority: Chapter 88.16 RCW and 2008 …

The board of pilotage commissioners of the state of Washington has reviewed its authorized activities and found substantially all of them to be exempt from the provisions of chapter 197-10 WAC, with the exception of authority supplied by the 1975 legislature to the board respecti…

(1) Under the authority of RCW 88.16.070, application via petition 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, which are not more than 1,300 gross tons (intern…

On a passenger vessel not requiring a tug for docking or undocking, the master of the vessel may maneuver the vessel into or out of its berth under the following procedures and conditions:(1) The master may not commence maneuvering the vessel until the express consent of the pilo…

When a pilot has received multiple disciplinary actions pursuant to RCW 88.16.100 (1) and/or (2) within any two-year period, the board shall evaluate the pilot and prepare and personally serve upon him/her a notice advising of the board's intended action, the specific ground ther…

When a steamship company or agent believes a particular pilot should not be assigned to pilot that company's vessels for specific safety reasons, a detailed written request, limited to specific safety concerns, may be submitted to the board. In order to be considered, the request…

A pilot serving on a vessel required by chapter 88.16 RCW to employ a state licensed pilot may be relieved from his/her piloting duties by the ship's master only for cause as provided in this section. The master may relieve a pilot only if the pilot is manifestly incompetent or i…

The Grays Harbor pilotage district shall have an outer boundary line between Grays Harbor and Willapa Harbor and the high seas which shall be seaward of a line from Point Brown rear range light to Grays Harbor entrance lighted whistle buoy number three, (latitude N 46-55.00, long…

Summary/temporary suspension of a pilot's license may be made by the chairperson or vice chairperson of the board of pilotage commissioners when:(1) A pilot has been involved in any vessel accident where there has been major property damage, loss of life, or loss of a vessel; or(…