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About us > Who we are > Our programs > Spills Program > Legislative work > BPC tug escort rulemaking

Board of Pilotage Commissioners Tug Escort Rulemaking (Chapter 363-116 WAC)

The Board of Pilotage Commissioners (BPC), in consultation with our agency, is conducting 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. 

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This rulemaking considers 2019 legislative changes made to Chapter 88.16 RCW (Pilotage Act) through the passage of Engrossed Substitute House Bill (ESHB) 1578. The rules are designed to achieve best achievable protection, as defined in RCW 88.46.010, and are 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 – June 2025

Public input and involvement 

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.

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 February 22 through April 8, 2023. We held one public meeting during this comment period, on March 21, 2023.

View comments received 

EIS scoping meeting presentation

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.

Public comment period (informal)

June 4, 2024, at midnight to March 14, 2025, at 11:59 p.m.

Read comments received during the rule development phase.

Past workshops

Rule proposal phase (CR-102)

Filing date:
June 11, 2025

Rule proposal documents:

Comment period

Comments are accepted from 12:00 a.m. June 11, 2025, until 11:59 p.m. August 1, 2025.

We will review and respond to all comments received. You can submit comments one of the following ways:

  • Submit comments online (preferred)
  • Mail to:
    Board of Pilotage Commissioners
    2901 Third Avenue, Suite 500
    Seattle, WA 98121 
  • Attend a public hearing

Public Hearings

The hearings will begin with a presentation and question and answer session, followed by the opportunity to provide testimony.

To request ADA accommodations, contact Ecology’s ADA Coordinator by June 17, 2025, at:

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.

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Contact information

Jaimie Bever 
BPC Executive Director
jaimie.bever@wsdot.wa.gov 
206-515-3887