reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.010 - Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.

RCW 88.16.010
Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.
(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 the marine division, who shall be chairperson, the director of the department of ecology, or the director's designee, and seven members appointed by the governor and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years from the date of the member's commission. No person shall be eligible for appointment to the board unless that person is at the time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots licensed under this chapter and actively engaged in piloting upon the waters covered by this chapter for at least three years immediately preceding the time of appointment and while serving on the board. One pilot shall be from the Puget Sound pilotage district and the other pilot shall be from either the Grays Harbor pilotage district or the Puget Sound pilotage district. Two of the appointed commissioners shall be actively engaged in the ownership, operation, or management of deep sea cargo and/or passenger-carrying vessels for at least three years immediately preceding the time of appointment and while serving on the board. One of the shipping commissioners shall be a representative of American and one of foreign shipping. One of the commissioners shall be a representative from a recognized environmental organization concerned with marine waters. The remaining commissioners shall be persons interested in and concerned with pilotage, maritime safety, and marine affairs, with broad experience related to the maritime industry exclusive of experience as either a state licensed pilot or as a shipping representative.
(2) Any vacancy in an appointed position on the board shall be filled by the governor for the remainder of the unfilled term, subject to confirmation by the senate.
(3) Five members of the board shall constitute a quorum. At least one pilot, one shipping representative, and one public member must be present at every meeting. All commissioners and the chairperson shall have a vote.
[ 2008 c 128 § 1; 2003 c 58 § 1; 2001 c 36 § 4; 1991 c 200 § 1001; 1987 c 485 § 1; 1979 ex.s. c 207 § 1; 1977 ex.s. c 337 § 2; 1977 ex.s. c 151 § 73; 1971 ex.s. c 292 § 58; 1935 c 18 § 1; RRS § 9871-1. Prior: 1888 p 175 § 1.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.020 - Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.

RCW 88.16.020
Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.
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 expenses in accordance with RCW 43.03.050 and 43.03.060, to be paid out of the pilotage account on vouchers approved by the chairperson of the board: PROVIDED, That the sums received under this section shall not be considered compensation earnable as defined pursuant to RCW 41.40.010(8).
The board is authorized to employ personnel, pursuant to chapter 41.06 RCW, as necessary to conduct the business of the board.
[ 1984 c 287 § 111; 1977 ex.s. c 337 § 3; 1977 ex.s. c 151 § 74; 1975-'76 2nd ex.s. c 34 § 178; 1967 c 15 § 1; 1941 c 184 § 1; 1935 c 18 § 2; RRS § 9871-2.]
NOTES:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.040 - Oaths and subpoenas—Compelling attendance of witnesses—Contempt.

RCW 88.16.040
Oaths and subpoenas—Compelling attendance of witnesses—Contempt.
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 state of Washington and be served and returned, and mileage and witness fees shall be paid in like manner and effect as in a civil action. A witness wilfully disobeying such subpoena served upon the witness shall be proceeded against upon complaint of the board to the attorney general or the prosecuting attorney of the county where the attendance of the witness was demanded as for a contempt of the authority of the superior court of said county.
[ 1987 c 485 § 2; 1967 c 15 § 9; 1935 c 18 § 14; RRS § 9871-14.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.050 - Pilotage districts and waters affected.

RCW 88.16.050
Pilotage districts and waters affected.
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 between the state of Washington, the United States and the province of British Columbia, Canada and east of one hundred twenty-three degrees twenty-four minutes west longitude.
(2) "Grays Harbor pilotage district" shall include all inland waters, channels, waterways, and navigable tributaries within Grays Harbor and Willapa Harbor. The boundary line between Grays Harbor and Willapa Harbor and the high seas shall be defined by the board.
[ 1987 c 485 § 3; 1979 ex.s. c 207 § 2; 1977 ex.s. c 337 § 5; 1971 ex.s. c 297 § 2; 1967 c 15 § 2; 1935 c 18 § 3; RRS § 9871-3.]
NOTES:
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 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.

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.
(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 commission may establish extra compensation for extra services to vessels in distress, for awaiting vessels, for all vessels in direct transit to or from a Canadian port where Puget Sound pilotage is required for a portion of the voyage, or for being carried to sea on vessels against the will of the pilot, and for such other services as may be determined by the commission: PROVIDED FURTHER, That as an element of the Puget Sound pilotage district tariff, the utilities and transportation commission may consider pilot retirement expenses incurred in the prior year in the Puget Sound pilotage district. However, under no circumstances shall the state be obligated to fund or pay for any portion of retirement payments for pilots or retired pilots.
(2) By December 1, 2018, the utilities and transportation commission shall submit to the transportation committees of the legislature any additional statutory changes necessary to implement chapter 107, Laws of 2018.
(3) By July 1, 2020, the utilities and transportation commission shall provide a report to the governor and the transportation committees of the legislature regarding matters pertaining to establishing tariffs under this section that includes a comparison of the process and outcomes in relation to the recommendations made in the January 2018 joint transportation committee Washington state pilotage final report and recommendations.
[ 2018 c 107 § 1.]
NOTES:
Effective date—2018 c 107: "Except for section 15 of this act, this act takes effect July 1, 2019." [ 2018 c 107 § 16.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.061 - Pilotage account.

RCW 88.16.061
Pilotage account.
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 transportation commission for purposes related to pilotage tariff rate setting. The account is subject to allotment procedures under chapter 43.88 RCW.
[ 2018 c 107 § 13; (2018 c 297 § 701 repealed by 2019 c 416 § 1103); 2008 c 128 § 17; 1967 c 15 § 11.]
NOTES:
Effective date—2018 c 297: "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 27, 2018]." [ 2018 c 297 § 802.]
Effective date—2018 c 107: See note following RCW 88.16.055.
Effective date—2008 c 128 §§ 17-20: "Sections 17 through 20 of this act take effect July 1, 2009." [ 2008 c 128 § 21.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.102 - Pilots' licenses—Mandatory termination of.

RCW 88.16.102
Pilots' licenses—Mandatory termination of.
The license of a pilot is terminated upon the pilot reaching the age of seventy.
[ 2008 c 128 § 6; 1979 ex.s. c 207 § 4.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.103 - Mandatory rest periods for pilots—Rules—Assignment refusal—Training program trips by pilot trainees—Quarterly review.

RCW 88.16.103
Mandatory rest periods for pilots—Rules—Assignment refusal—Training program trips by pilot trainees—Quarterly review.
(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 combined total duration of assignment time does not exceed thirteen hours.
(2) Pilots shall have a mandatory rest period that mitigates fatigue caused by circadian misalignment after three consecutive night assignments, as defined by the board of pilotage commissioners.
(3) A pilot shall refuse a pilotage assignment if the pilot is physically or mentally fatigued or if the pilot has a reasonable belief that the assignment cannot be carried out in a competent and safe manner. Upon refusing an assignment under this subsection, a pilot shall submit a written explanation to the board within forty-eight hours.
(4) A pilot trainee shall not take a training program trip if the pilot trainee is physically or mentally fatigued or if the pilot trainee has reasonable belief that the training program trip cannot be carried out in a competent and safe manner.
(5) The board shall quarterly review the dispatch records of pilot organizations or pilot's quarterly reports to ensure the provisions of this section are enforced. The board may prescribe rules for rest periods pursuant to chapter 34.05 RCW.
[ 2019 c 123 § 1; 2008 c 128 § 7; 1986 c 122 § 2; 1977 ex.s. c 337 § 9.]
NOTES:
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.105 - Size and type of vessels prescribed for newly licensed pilot—Rules.

RCW 88.16.105
Size and type of vessels prescribed for newly licensed pilot—Rules.
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 prescribe required familiarization trips before a newly licensed pilot may pilot a larger or different type of vessel.
[ 2008 c 128 § 8; 1991 c 200 § 1003; 1987 c 264 § 3; 1977 ex.s. c 337 § 10.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.107 - Pilots or pilot trainees may testify without sanctions for doing so.

RCW 88.16.107
Pilots or pilot trainees may testify without sanctions for doing so.
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 § 9; 1977 ex.s. c 337 § 15.]
NOTES:
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.110 - Pilots to file quarterly report—Contents.

RCW 88.16.110
Pilots to file quarterly report—Contents.
(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 other person for the pilot or on the pilot's account or for his or her benefit. The report shall state the name of each vessel piloted, the amount charged to and/or collected from each vessel, the port of registry of such vessel, its dead weight tonnage, whether it was inward or outward bound, whether the amount so received, collected, or charged is in full payment of pilotage, and other information as the board shall prescribe by rule. The board may from time to time require additional information as it deems necessary.
(2) The report shall include information for each vessel that suffers a grounding, collision, or other major marine casualty that occurred while the pilot was on duty during the reporting period. The report shall also include information on near miss incidents as defined in *RCW 88.46.100. Information concerning near miss incidents provided pursuant to this section shall not be used for imposing any sanctions or penalties. The board shall forward information provided under this subsection to the department of ecology for inclusion in the collision reporting system established under *RCW 88.46.100.
[ 2008 c 128 § 10; 2001 c 36 § 5; 1991 c 200 § 1004; 1935 c 18 § 7; RRS § 9871-7. Prior: 1888 p 178 § 22.]
NOTES:
*Reviser's note: RCW 88.46.100 was amended by 2011 c 122 § 8, deleting the definition of "near miss incident" and also deleting the provisions relating to the collision reporting system.
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.115 - Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest.

RCW 88.16.115
Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest.
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 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, is necessary to such preservation and is deemed to be in the public interest.
[ 2005 c 123 § 1; 1981 c 196 § 1.]
NOTES:
Report to legislature and governor—1981 c 196: "Prior to January 5, 1983, the board of pilotage commissioners shall forward to the legislature and governor a report concerning the implementation of sections 1 through 3 of this act." [ 1981 c 196 § 4.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.120 - Failure to observe pilotage rate—Penalty.

RCW 88.16.120
Failure to observe pilotage rate—Penalty.
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 established by the utilities and transportation commission under RCW 81.116.010 through 81.116.060 and by the board under this chapter. Any pilot, person, firm, corporation or association violating the provisions of this section shall be guilty of a misdemeanor and shall be punished pursuant to RCW 88.16.150 as now or hereafter amended, said prosecution to be conducted by the attorney general or the prosecuting attorney of any county wherein the offense or any part thereof was committed.
[ 2018 c 107 § 5; 1987 c 485 § 4; 1977 ex.s. c 337 § 13; 1967 c 15 § 4; 1935 c 18 § 6; RRS § 9871-6.]
NOTES:
Effective date—2018 c 107: See note following RCW 88.16.055.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.130 - Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot.

RCW 88.16.130
Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot.
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 under RCW 81.116.010 through 81.116.060. Any master or owner of a vessel required to employ a pilot licensed under the provisions of this chapter who refuses to do so when such a pilot is available shall be punished pursuant to RCW 88.16.150 as now or hereafter amended and shall be imprisoned in the county jail of the county wherein he or she is so convicted until said fine and the costs of his or her prosecution are paid.
[ 2018 c 107 § 6; 2013 c 23 § 533; 1977 ex.s. c 337 § 14; 1967 c 15 § 8; 1935 c 18 § 11; RRS § 9871-11. Prior: 1907 c 147 § 4.]
NOTES:
Effective date—2018 c 107: See note following RCW 88.16.055.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.133 - Deviations from state law—Duty to submit pilot's report.

RCW 88.16.133
Deviations from state law—Duty to submit pilot's report.
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 ensure the safety of the vessel or its crew under the control of the master, pilot, or pilot trainee, shall submit a pilot's report of marine safety occurrence as prescribed by the board of pilotage commissioners in WAC 363-116-200 in the case of a near-miss occurrence. If the deviation occurred while the vessel was operating under the control of a pilot or pilot trainee licensed in this state, then the report must be submitted by the pilot or pilot trainee with input provided by the master. The report must describe the circumstances leading to the deviation from the provisions of this chapter and the consequences of that deviation. If the consequences of the deviation include an incident as defined in WAC 363-116-200, then the pilot's report of marine safety occurrence must be submitted in addition to any reports required as a result of the incident. The board shall investigate the circumstances surrounding the deviation and, if the facts of the situation so warrant, may waive enforcement action against the master, pilot, or pilot trainee if the board finds that the deviation was: Taken in order to comply with any other law that may have precedence; required by the ordinary practice of seamen; or justified by the special circumstances of the case.
[ 2008 c 128 § 15.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.135 - Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request.

RCW 88.16.135
Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request.
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 notify interested persons and hold a hearing on that request, and either approve or disapprove the request. If the request is approved, the board shall notify the affected pilot and give the pilot a specific list of vessels for which that pilot shall not provide pilotage services.
[ 2008 c 128 § 12; 1987 c 485 § 6.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.140 - Pilot's lien for compensation.

RCW 88.16.140
Pilot's lien for compensation.
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 § 15; RRS § 9871-15. Prior: 1907 c 147 § 2; 1888 p 178 § 23.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.150 - General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor.

RCW 88.16.150
General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor.
(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 the offense or any part thereof was committed. In any case where the offense was committed upon a ship, boat or vessel, and there is doubt as to the proper county, the same may be prosecuted in any county through any part of which the ship, boat or vessel passed, during the trip upon which the offense was committed. All fines collected for any violation of this chapter or any rule or regulation of the board shall within thirty days be paid by the official collecting the same to the state treasurer and shall be credited to the pilotage account: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
(2) Notwithstanding any other penalty imposed by this section, any person who shall violate the provisions of this chapter, shall be liable to a maximum civil penalty of ten thousand dollars for each violation. The board may request the attorney general or the prosecuting attorney of the county in which any violation of this chapter occurs to bring an action for imposing the civil penalties provided for in this subsection.
Moneys collected from civil penalties shall be deposited in the pilotage account.
(3) Any master of a vessel who shall knowingly fail to inform the pilot dispatched to said vessel or any agent, owner, or operator, who shall knowingly fail to inform the pilot dispatcher, or any dispatcher who shall knowingly fail to inform the pilot actually dispatched to said vessel of any special directions mandated by the coast guard captain of the port under authority of the Ports and Waterways Safety Act of 1972, as amended, for the handling of such vessel shall be guilty of a gross misdemeanor.
[ 1995 c 174 § 2. Prior: 1987 c 485 § 5; 1987 c 202 § 247; 1977 ex.s. c 337 § 8; 1969 ex.s. c 199 § 41; 1967 c 15 § 7; 1935 c 18 § 10; RRS § 9871-10; prior: 1888 p 179 § 27.]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.160 - Severability and short title.

RCW 88.16.160
Severability and short title.
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 § 10; 1935 c 18 § 17; RRS § 9871-16.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.180 - Oil tankers—State licensed pilot required.

RCW 88.16.180
Oil tankers—State licensed pilot required.
Notwithstanding the provisions of RCW 88.16.070, 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 pursuant to RCW 88.16.035; and
(2) To take a licensed pilot while navigating the Columbia river.
[ 1991 c 200 § 602; 1983 c 3 § 231; 1975 1st ex.s. c 125 § 2.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Severability—1975 1st ex.s. c 125: See notes following RCW 88.16.170.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.195 - Oil tankers—Not to exceed speed of escorting tug.

RCW 88.16.195
Oil tankers—Not to exceed speed of escorting tug.
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 § 26.]
NOTES:
Findings—Severability—1990 c 116: See notes following RCW 90.56.210.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.200 - Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.

RCW 88.16.200
Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.
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 § 14; 1991 c 200 § 603; 1977 ex.s. c 337 § 16.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.16 - Pilotage Act. › 88.16.250 - Board of pilotage commissioners authorized to adopt rules—Grays Harbor pilotage district—Tug escort requirements/safety measures for certain oil tankers.

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.
(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 vessels or barges within a two-mile radius of the Grays Harbor pilotage district as defined in RCW 88.16.050.
(2)(a) Prior to proposing a draft rule, the board of pilotage commissioners must consult with the department of ecology, the United States coast guard, the Grays Harbor safety committee, area tribes, public ports, local governments, and other appropriate entities. The board of pilotage commissioners may not adopt rules under this section unless a state agency or a local jurisdiction, for a facility within Grays Harbor that is required to have a contingency plan pursuant to chapter 90.56 RCW:
(i) Makes a final determination or issues a final permit after January 1, 2015, to site a new facility; or
(ii) Provides authority to an existing facility to process or receive crude oil for the first time.
(b) This subsection does not apply to a transmission pipeline or railroad facility.
(3) A rule adopted under this section must:
(a) Be designed to achieve best achievable protection as defined in RCW 88.46.010;
(b) Ensure that any escort tugs used have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker or articulated tug barge; and
(c) Ensure that escort tugs have sufficient mechanical capabilities to provide for safe escort.
(4) The provisions adopted under this section may not include rules affecting pilotage. This section does not affect any existing authority to establish pilotage requirements.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.
(b) "Oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk. "Oil tanker" does not include an articulated tug barge tank vessel.
(c) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.
[ 2015 c 274 § 12.]
NOTES:
Effective date—2015 c 274: See note following RCW 90.56.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.24 - Wharves and Landings. › 88.24.010 - Right of riparian owner to construct—Rates.

RCW 88.24.010
Right of riparian owner to construct—Rates.
Any person owning land adjoining any navigable waters or watercourse, within or bordering upon this state, may erect upon his or her own land any wharf or wharves, and may extend them so far into said waters or watercourses as the convenience of shipping may require; and he or she may charge for wharfage such rates as shall be reasonable: PROVIDED, That he or she shall at all times leave sufficient room in the channel for the ordinary purposes of navigation.
[ 2013 c 23 § 534; Code 1881 § 3271; 1863 p 531 § 1; 1860 p 326 § 1; 1854 p 357 § 1; RRS § 9613.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.24 - Wharves and Landings. › 88.24.020 - County may authorize wharves and prescribe rates.

RCW 88.24.020
County may authorize wharves and prescribe rates.
(1) Whenever any person shall be desirous of erecting any wharf at the terminus of any public highway, or at any accustomed landing place, he or she may apply to the county commissioners of the proper county, who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept up for any length of time not exceeding twenty years. And they shall annually prescribe the rates of wharfage and charges thereon, but there shall be no charge for the landing of passengers or their baggage.
(2) No such authority shall be granted to any person other than the owner of the land where the wharf is proposed to be erected, unless such owner shall neglect to apply for such authority; and whenever application shall be made for such authority by any person other than such owner, the board of county commissioners shall not grant the same unless proof shall be made that the applicant caused notice in writing of his or her intention to make such application, to be given by posting up at least three notices in public places in the neighborhood where the proposed wharf is to be erected and one notice at the county courthouse, twenty days prior to any regular session of the board of county commissioners at which application shall be made and by serving a copy of said notice in writing upon such owner of the land, if residing in the county, at least ten days before the session of the board of county commissioners at which the application is made.
(3) When such application is heard, if the owner of such land applies for such authority and files his or her undertaking with one or more sureties to be approved by the county commissioners in a sum not less than one hundred dollars nor more than five hundred dollars, to be fixed by the county commissioners, conditioned that such person will erect said wharf within the time therein limited, to be fixed by the county commissioners, and maintain the same and keep said wharf according to law; and if default shall at any time be made in the condition of such undertaking damages not exceeding the penalty may be recovered by any person aggrieved before any court having competent jurisdiction, then said county commissioners shall authorize such owner of the land to erect and keep such wharf.
(4) If such owner of the land does not apply as aforesaid the commissioners may authorize the same to be erected and kept by such applicant upon his or her entering into an undertaking as required of such owner of the land.
[ 2013 c 23 § 535; 1893 c 49 § 1; Code 1881 § 3272; 1863 p 531 § 2; 1854 p 537 § 2; RRS § 9614.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.24 - Wharves and Landings. › 88.24.030 - City or town may authorize wharves—Rates—Liability.

RCW 88.24.030
City or town may authorize wharves—Rates—Liability.
Whenever any person or persons shall be desirous of erecting a wharf at the terminus of any street of any incorporated town or city in the state, he or she or they may apply to the municipal authorities of such town or city who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept in repair for any length of time not exceeding ten years; and every person building, owning or occupying a wharf in this state, upon which wharfage is charged and received, shall be held accountable to the owner or owners, consignees or agents, for any and all damage done to property stored upon, or passing over said wharf, in consequence of the unfinished, incomplete, or insufficient condition of said wharf; and every such person shall post or cause to be posted in a conspicuous place on said wharf the established rates of wharfage, noting passengers and their baggage free.
[ 2013 c 23 § 536; Code 1881 § 3273; 1863 p 531 § 3; RRS § 9615.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.24 - Wharves and Landings. › 88.24.040 - Construction requirements of wharves—When deemed incomplete.

RCW 88.24.040
Construction requirements of wharves—When deemed incomplete.
All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inches of the outer edge thereof, except at the ends.
[Code 1881 § 3274; 1863 p 532 § 4; 1860 p 327 § 2; RRS § 9616.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.24 - Wharves and Landings. › 88.24.070 - County acquisition by condemnation of right-of-way.

RCW 88.24.070
County acquisition by condemnation of right-of-way.
In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tidelands or other lands over which it is proposed to build, construct or maintain such wharf or landing, whether such interest be a title in fee simple or as lessee or under contract of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons, firm or corporation claiming such interest or title as to the compensation to be paid for the taking of such strip of tidelands or other lands, then and in that case such board of county commissioners may by an order direct proceedings to procure a right-of-way over said tidelands or other lands to be brought in the superior court by the prosecuting attorney in the manner provided by law, for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided by the laws of this state for the appropriation of lands and other property by counties for public use.
[ 1903 c 20 § 3; RRS § 9619.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.26 - Private Moorage Facilities. › 88.26.010 - Definitions.

RCW 88.26.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Charges" means charges of a private moorage facility operator for moorage and storage, all other charges owing to or that become owing under a contract between a vessel owner and the private moorage facility operator, or any costs of sale and related legal expenses for implementing RCW 88.26.020.
(2) "Owner" means every natural person, firm, partnership, corporation, association, or organization, or their agent, with actual or apparent authority, who expressly or impliedly contracts for use of a moorage facility.
(3) "Private moorage facility" means any properties or facilities owned or operated by a private moorage facility operator that are capable of use for the moorage or storage of vessels.
(4) "Private moorage facility operator" means every natural person, firm, partnership, corporation, association, organization, or any other legal entity, employee, or their agent, that owns or operates a private moorage facility. Private moorage facility operation does not include a "moorage facility operator" as defined in RCW 53.08.310.
(5) "Transient vessel" means a vessel using a private moorage facility and that belongs to an owner who does not have a moorage agreement with the private moorage facility operator. Transient vessels include, but are not limited to, vessels seeking a harbor or refuge, day use, or overnight use of a private moorage facility on a space-as-available basis. Transient vessels may also include vessels taken into custody under RCW 79.100.040.
(6) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water. "Vessel" includes any trailer used for the transportation of watercraft.
[ 2014 c 195 § 204; 1993 c 474 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.26 - Private Moorage Facilities. › 88.26.030 - Insurance requirements.

RCW 88.26.030
Insurance requirements.
(1) Every private moorage facility operator must:
(a) Obtain and maintain insurance coverage for the private moorage facility;
(b) Require, as a condition of moorage, all vessels other than transient vessels to provide proof of marine insurance to the moorage facility.
(2) Unless rules adopted by the department of natural resources require otherwise, insurance maintained by private moorage facility operators and required of moored vessels must:
(a) Provide coverage at liability limits of at least three hundred thousand dollars per occurrence; and
(b) Include, at a minimum, general, legal, and pollution liability coverage.
(3) The purchaser of marine insurance under this section may satisfy the requirements of this section through the purchase of multiple policies as necessary.
(4) The requirement under this section for private moorage facility operators to require proof of marine insurance from mooring vessels applies whenever a private moorage facility operator enters an initial or renewal moorage agreement after June 12, 2014. The private moorage facility operator is not required to verify independently whether a mooring vessel's insurance policy meets the requirements of this section and is not responsible for any change in insurance coverage applicable to the vessel that occurs after the initial agreement is entered into or in the time period between agreement renewals.
(5) Any private moorage facility operator who fails to satisfy the requirements of this section incurs secondary liability under RCW 79.100.060 for any vessel located at the private moorage facility that meets the definition of derelict vessel or abandoned vessel as those terms are defined in RCW 79.100.010.
[ 2014 c 195 § 202.]
NOTES:
Findings—Intent—2014 c 195: See notes following RCW 79.100.170 and 79.100.180.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.28 - Obstructions in Navigable Waters. › 88.28.050 - Obstructing navigation—Penalty.

RCW 88.28.050
Obstructing navigation—Penalty.
Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencing posts or rails, shall, on conviction thereof, be fined in any sum not exceeding three hundred dollars: PROVIDED, That the placing of any mill dam or boom across a stream used for floating saw logs, cord wood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing posts or rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters for the purpose of deploying equipment to contain or clean up a spill of oil or other hazardous material shall not be considered an obstruction.
[ 1987 c 479 § 4; 1888 p 190 § 1; Code 1881 § 919; 1854 p 94 § 104; RRS § 9897.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.28 - Obstructions in Navigable Waters. › 88.28.055 - Closure of Camas Slough.

RCW 88.28.055
Closure of Camas Slough.
The department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and the right bank of the Columbia River to the land on Lady Island with the axis or center line of the embankment being more particularly described as a line bearing south seventy-six degrees (76°), fifty-one a one-half minutes (51 1/2') west from a point; said point being located on the line between section 11 and section 14 and distant approximately 520 feet westerly from the corner common to sections 11, 12, 13 and 14, all situate in township 1 north, range 3 east, W.M. The department shall construct in the fill, at or near the channel of the slough, an opening of sufficient dimensions to allow normal flow of water during the low water period or such opening as may be required or approved by the Corps of Engineers, United States Army.
[ 1984 c 7 § 382; 1955 c 174 § 1.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.28 - Obstructions in Navigable Waters. › 88.28.060 - Discharging ballast, when prohibited—Exception—City areas—Penalty.

RCW 88.28.060
Discharging ballast, when prohibited—Exception—City areas—Penalty.
Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water is less than twenty fathoms deep, shall, on conviction thereof, be fined in any sum not less than seventy-five dollars, nor more than five hundred dollars: PROVIDED, That nothing in this section shall be so construed as to prevent any such person from discharging ballast from such vessel on the beach at or above ordinary high tide in all waters where the tide ebbs and flows, and that no ballast shall be discharged on any of the flats included within the boundary of any city or townsite or extension thereof: AND PROVIDED FURTHER, That in harbors within or in front of any incorporated city, where the waters are less than twenty fathoms deep, a section of said harbor may be set aside and designated by the city council of said city as a ballast ground, where ballast may be discharged under control of a harbor master to be appointed by the council.
[ 1897 c 18 § 1; 1891 c 69 § 30; Code 1881 § 918; 1877 p 285 § 1; 1854 p 94 § 103; RRS § 9898.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.32 - River and Harbor Improvements. › 88.32.010 - Districts authorized.

RCW 88.32.010
Districts authorized.
Every county in this state is hereby authorized and empowered, by and through its county commissioners, whenever the government of the United States is intending or proposing the construction or operation of any river, lake, canal or harbor improvement, partly or wholly within such county, and whenever said board of county commissioners shall adjudge, upon a petition therefor filed with it and signed by at least one hundred freeholders of said county who each own realty of the assessed valuation of not less than five thousand dollars, situated within the limits of the improvement district sought to be created, that it is for the general benefit and welfare of the people of the county, that such river, lake, canal or harbor improvement be made and completed to define and establish an assessment district within such county and to levy an assessment upon so much of the taxable real estate of such county as shall be specially benefited by such improvement as hereinafter provided, for the purpose of paying the expenses of such improvement, or so much thereof as said board of county commissioners shall determine, not in any instance exceeding one percent of the taxable valuations of all real and personal property in the entire county as appearing on the then last assessment roll. Such improvement shall be known as river and harbor improvement.
[ 1907 c 236 § 1; RRS § 9669. Prior: 1903 c 143 §§ 1, 2.]
NOTES:
Limitation of levies: RCW 84.52.050 through 84.52.056.