Board of Pilotage Commissioners Tug Escort Rulemaking (Chapter 363-116 WAC)
The Board of Pilotage Commissioners (BPC), in consultation with our agency, is beginning a rulemaking to amend Chapter 363-116 WAC, Pilotage Rules. Chapter 363-116 WAC describes the training, licensing, and regulation of Washington State maritime pilots to ensure safe pilotage. The rule also describes tug escort requirements for vessels carrying oil in Washington waters.
The rulemaking will amend WAC 363-116-500 and, if needed, add new sections to Chapter 363-116 WAC. The rulemaking will consider 2019 legislative changes made to Chapter 88.16 RCW (Pilotage Act) through the passage of Engrossed Substitute House Bill (ESHB) 1578. The rules will be designed to achieve best achievable protection, as defined in RCW 88.46.010, and will be informed by other considerations in ESHB 1578. The rulemaking will:
- Describe tug escort requirements for the following vessels operating in the waters east of the line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area:
- Oil tankers of between 5,000 and 40,000 deadweight tons.
- Articulated tug barges (ATB) and towed waterborne vessels or barges greater than 5,000 deadweight tons that are designed to transport oil in bulk internal to the hull.
- Specify operational requirements for tug escorts, where they are required.
- Specify functionality requirements for tug escorts, where they are required.
- Consider the existing tug-escort requirements applicable to Rosario Strait and connected waterways to the east, established in RCW 88.16.190(2)(a)(ii), including adjusting or suspending those requirements, as needed.
- Describe exemptions to tug-escort requirements, including whether certain vessel types or geographic zones should be precluded from the escort requirements.
- Make other changes to clarify language and make any corrections needed.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
Feb. 22, 2023
Announcement documents
Rule development phase
February 2023 – July 2025
Public input and involvement
Get involved in this rulemaking:
- Submit feedback through an informal public comment period to provide feedback on draft rule requirements and rule language. The public comment period is from June 4, 2024, at midnight to April 21, 2025, at 11:59 p.m.
- Attend upcoming workshops.
- Review materials from past workshops.
- Contact Jaimie Bever at beverj@wsdot.wa.gov or 206-515-3887
The BPC appointed the Oil Transportation Safety Committee (OTSC) as an advisory committee with subject matter experts representing different areas like the regulated industry, Tribal governments, and environmental groups. The OTSC gives recommendations to the BPC, and the BPC makes final decisions. The BPC board meetings are open to the public, who can also share their comments during these meetings.
We’ve held workshops for Tribal Government and stakeholders and provided updates during OTSC and BPC meetings. You can find the workshop presentation slides and meeting note at the links below.
- BPC meeting notes: https://pilotage.wa.gov/meetings.html
- OTSC meeting notes: https://pilotage.wa.gov/resources.html
Future workshops
| Workshop | Workshop Date/Time | Registration Links | Main Topics |
|---|---|---|---|
| Stakeholder Workshop 8 | 7/10/24 1 p.m. - 3 p.m. Virtual |
Stakeholder Workshop 8 | SEPA Methodology; Economic analysis overview |
| Tribal Government Workshop 8 | 7/16/24 10 a.m. - noon Virtual |
Contact the rulemaking team for registration | SEPA Methodology; Economic analysis overview |
| Stakeholder Workshop 9 | 9/3/24 1 p.m. - 3 p.m. Hybrid |
Contact the rulemaking team for registration |
SEPA Progress; BPC vote update |
| Tribal Government Workshop 9 | 9/10/24 10 a.m. - noon Virtual |
Contact the rulemaking team for registration | SEPA Progress; BPC vote update |
| Stakeholder Workshop 10 | 11/5/24 10 a.m. - noon Hybrid |
Contact the rulemaking team for registration | SEPA analysis update |
| Tribal Government Workshop 10 | 11/13/24 1 p.m. - 3 p.m. Virtual |
Contact the rulemaking team for registration | SEPA analysis update |
| Stakeholder Workshop 11 | 1/8/25 10 a.m. - noon Hybrid |
Contact the rulemaking team for registration | Proposed rule language; Econ progress update |
| Tribal Government Workshop 11 | 1/14/25 10 a.m. - noon Virtual |
Contact the rulemaking team for registration | Proposed rule language; Econ progress update |
Past workshops
| Workshop | Workshop Date/Time | Links to Materials | Main Topics |
|---|---|---|---|
| Tribal Government Pre-announcement Webinar #1 | January 10, 2023 | Webinar #1 Slides |
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| Tribal Government Pre-announcement Webinar #2 | January 18, 2023 | Webinar #2 Slides |
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| Stakeholder EIS Scoping meeting | March 21, 2023 | Scoping Presentation Slides |
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| Rule Development Workshop #1 | May 17, 2023 | Workshop #1 Slides |
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| Tribal Government Workshop #1 | May 24, 2023 | Workshop #1 Slides |
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| Stakeholder Workshop #2 | June 29, 2023 | Workshop #2 Slides |
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| Tribal Government Meeting #2 | July 13, 2023 | Meeting #2 Slides |
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| Stakeholder Workshop #3 | Sept 27, 2023 | Workshop #3 Slides |
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| Tribal Government Meeting #3 | Oct 3, 2023 | Meeting #3 Slides |
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| Public Info Session | October 31, 2023 | Public information session presentation |
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| Stakeholder Workshop #4 | December 6, 2023 | Workshop #4 Slides |
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| Tribal Government Workshop #4 | December 7, 2023 | Workshop #4 Slides |
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| Tribal Government Workshop #5 | January 23, 2024 | Workshop #5 Slides |
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| Stakeholder Workshop #5 | January 25, 2024 | Workshop #5 Slides |
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| Stakeholder Workshop #6 | February 6, 2024 | Workshop #6 Slides |
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| Tribal Government Workshop #6 | February 8, 2024 | Workshop #6 Slides |
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| Stakeholders Workshop #7 | May 8, 2024 | Workshop #7 Slides |
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| Tribal Government Workshop #7 | May 14, 2024 | Workshop #7 Slides |
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SEPA meeting
We have determined that the rulemaking may have a significant adverse impact on the environment. An environmental impact statement (EIS) is required under RCW 43.21C.030 (2)(c) and will be prepared. Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS.
A SEPA EIS Scoping comment period was held from Feb. 22, 2023, through April 8, 2023. We held one public meeting during this comment period, on March 21, 2023.
Ecology and BPC reviewed the comments received on the scope of the EIS and published the Board of Pilotage Commissioners Tug Escort Rulemaking SEPA EIS Scoping Summary Report in May 2024.
Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact our ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.
Related links
Contact information
Jaimie Bever
BPC Executive Director
beverj@wsdot.wa.gov
206-515-3887