Title 88, Title 88 NAVIGATION AND HARBOR IMPROVEMENTS
11 chapters · 172 sections in this title.
RCW 88.16.005 Legislative declaration of policy and intent.
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The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives, loss of property and vessels, and to protect the marine environment of the state of Washington through the sound application of compulsory pilotage provisions i…
RCW 88.16.010 Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.
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(1) The board of pilotage commissioners of the state of Washington is hereby created and shall consist of the assistant secretary of marine operations of the department of transportation of the state of Washington, or the assistant secretary's designee who shall be an employee of…
RCW 88.16.020 Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.
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The department of transportation of the state of Washington shall be the office of the board, and all records shall be kept in the office of the department. Each pilotage commissioner shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expense…
RCW 88.16.035 Board of pilotage commissioners—Powers and duties.
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(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 88.1…
RCW 88.16.040 Oaths and subpoenas—Compelling attendance of witnesses—Contempt.
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Any member of the board shall have power to administer oaths in any matter before the board for consideration or inquiry and to issue subpoenas requiring witnesses to appear before the board. Such subpoenas shall be signed by a member of the board and issued in the name of the st…
RCW 88.16.050 Pilotage districts and waters affected.
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This chapter shall apply to the pilotage districts of this state as defined in this section.(1) "Puget Sound pilotage district", whenever used in this chapter, shall be construed to mean and include all the waters of the state of Washington inside the international boundary line …
RCW 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.
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(1) The utilities and transportation commission shall under RCW 81.116.010 through 81.116.060 periodically, but not more frequently than annually, establish the pilotage tariffs for pilotage services provided under this chapter: PROVIDED, That the utilities and transportation com…
RCW 88.16.061 Pilotage account.
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The pilotage account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the board of pilotage commissioners as prescribed under this chapter and by the utilities and tra…
RCW 88.16.070 Vessels exempted and included under chapter—Fee—Penalty.
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Every vessel not exempt under this section that operates in the waters of the Puget Sound pilotage district or Grays Harbor pilotage district is subject to compulsory pilotage under this chapter.(1) A United States vessel on a voyage in which it is operating exclusively on its co…
RCW 88.16.090 Pilot and pilot trainee licenses—Qualifications—Duration—Annual fee—Examinations and evaluations—Training program and license—Penalty—Reporting requirements.
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(1) A person may pilot any vessel subject to this chapter on waters covered by this chapter only if licensed to pilot such vessels on such waters under this chapter.(2)(a) A person is eligible to be licensed as a pilot or a pilot trainee if the person:(i) Is a citizen of the Unit…
RCW 88.16.100 Pilots' licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review.
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(1) The board shall have power on its own motion or, in its discretion, upon the written request of any interested party, to investigate the performance of pilotage services subject to this chapter and to issue a reprimand, impose a fine against a pilot in an amount not to exceed…
RCW 88.16.102 Pilots' licenses—Mandatory termination of.
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The license of a pilot is terminated upon the pilot reaching the age of seventy.[ 2008 c 128 s 6; 1979 ex.s. c 207 s 4.]
RCW 88.16.103 Mandatory rest periods for pilots—Rules—Assignment refusal—Training program trips by pilot trainees—Quarterly review.
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(1) Pilots shall have a mandatory rest period of at least ten hours with an opportunity for eight hours of uninterrupted sleep after completion of an assignment; excluding multiple assignments within a harbor area, as defined by the board of pilotage commissioners, provided the c…
RCW 88.16.105 Size and type of vessels prescribed for newly licensed pilot—Rules.
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The board shall prescribe, pursuant to chapter 34.05 RCW, rules governing the size and type of vessels which a newly licensed pilot may be assigned to pilot on the waters of this state and whether the assignment involves docking or undocking a vessel. The rules shall also prescri…
RCW 88.16.107 Pilots or pilot trainees may testify without sanctions for doing so.
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Any pilot or pilot trainee licensed pursuant to this chapter may appear or testify before the legislature or board of pilotage commissioners and no person shall place any sanction against said pilot or pilot trainee for having testified or appeared.[ 2008 c 128 s 9; 1977 ex.s. c …
RCW 88.16.110 Pilots to file quarterly report—Contents.
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(1) Every pilot licensed under this chapter shall file with the board not later than the tenth day of January, April, July, and October of each year a report for the preceding quarter. The report shall contain an account of all moneys received for pilotage by him or her or by any…
RCW 88.16.115 Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest.
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The preservation of human life and property associated with maritime commerce on the pilotage waters of this state is declared to be in the public interest, and the limitation and regulation of the liability of pilots licensed by the state of Washington, and of any countywide por…
RCW 88.16.118 Limited liability of pilots and pilot trainees—Liability of vessel, owner, or operator not limited.
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(1)(a) A pilot licensed to act as such by the state of Washington, and any countywide port district located partly or entirely within the Grays Harbor pilotage district as defined by RCW 88.16.050(2) authorized to provide pilotage services with pilots employed by or under contrac…
RCW 88.16.120 Failure to observe pilotage rate—Penalty.
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No pilot shall charge, collect or receive and no person, firm, corporation or association shall pay for pilotage or other services performed hereunder any greater, less or different amount, directly or indirectly, than the rates or charges herein established or subsequently estab…
RCW 88.16.130 Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot.
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Any person not holding a license as pilot under the provisions of this chapter who pilots any vessel subject to the provisions of this chapter on waters covered by this chapter shall pay to the board the pilotage rates established by the utilities and transportation commission un…
RCW 88.16.133 Deviations from state law—Duty to submit pilot's report.
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A master, pilot, or pilot trainee who deviates from the provisions of this chapter or Title 363 WAC in order to comply with any federal or international law or treaty, such as 46 U.S.C. Sec. 2304 et seq., or any other provision of law of the state, or who deviates in order to ens…
RCW 88.16.135 Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request.
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Any ship operator or ship husbanding agent may submit a request in writing to the board that a particular pilot not be assigned to pilot that company's vessels. The request shall be based on specific safety concerns of the ship operator or ship husbanding agent.The board shall no…
RCW 88.16.140 Pilot's lien for compensation.
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Each vessel, its tackle, apparel and furniture and the owner thereof shall be jointly and severally liable for the compensation of any pilot employed thereon and such pilot shall have a lien upon such vessel, her tackle, apparel and furniture for such compensation.[ 1935 c 18 s 1…
RCW 88.16.150 General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor.
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(1) In all cases where no other penalty is prescribed in this chapter, any violation of this chapter or of any rule or regulation of the board shall be punished as a gross misdemeanor, and all violations may be prosecuted in any court of competent jurisdiction in any county where…
RCW 88.16.155 Vessel master to make certification before pilotage service offered—Procedure upon refusal—Rules—Penalties—Exception.
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(1) The master of any vessel which employs a Washington licensed pilot shall certify on a form prescribed by the board of pilotage commissioners that the vessel complies with:(a) Such provisions of the United States coast guard regulations governing the safety and navigation of v…
RCW 88.16.160 Severability and short title.
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If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. This chapter may be cited as the "Pilotage Act."[ 1967 c 15 s 10; 1935 c 18 s 17; …
RCW 88.16.170 Oil tankers—Intent and purpose.
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Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to j…
RCW 88.16.180 Oil tankers—State licensed pilot required.
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Except as otherwise provided in RCW 88.16.070(3), any registered oil tanker of five thousand gross tons or greater, shall be required:(1) To take a Washington state licensed pilot while navigating Puget Sound and adjacent waters and shall be liable for and pay pilotage rates purs…
RCW 88.16.190 Oil tankers—Restricted waters—Requirements.
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(1) Any oil tanker, whether enrolled or registered, of greater than 125,000 deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light, unless authorized by the United States coast guard, pu…
RCW 88.16.195 Oil tankers—Not to exceed speed of escorting tug.
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An oil tanker under escort of a tug or tugs pursuant to the provisions of RCW 88.16.190 shall not exceed the service speed of the tug or tugs that are escorting the oil tanker.[ 1990 c 116 s 26.]Notes:Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
RCW 88.16.200 Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.
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Any vessel designed for the purpose of carrying as its cargo liquefied natural or liquefied petroleum gas shall adhere to the provisions of RCW 88.16.190(2) as though it were an oil tanker.[ 2008 c 128 s 14; 1991 c 200 s 603; 1977 ex.s. c 337 s 16.]Notes:Effective dates—1991 c 20…
RCW 88.16.250 Board of pilotage commissioners authorized to adopt rules—Grays Harbor pilotage district—Tug escort requirements/safety measures for certain oil tankers.
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(1) The board of pilotage commissioners may adopt rules to implement this section. The rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessel…
RCW 88.16.260 Board of pilotage commissioners authorized to adopt rules in consultation with other entities—Tug escorts.
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(1)(a) By December 31, 2025, the board of pilotage commissioners, in consultation with the department of ecology, must adopt rules regarding tug escorts to address the peculiarities of Puget Sound for the following:(i) Oil tankers of between five thousand and forty thousand deadw…