ORS Chapter 776
TITLE 58
SHIPPING ANDNAVIGATION
Chapter 776. MaritimePilots and Pilotage
777. PortsGenerally
778. Portof Portland
780. Improvementand Use of Navigable Streams
783. Liabilitiesand Offenses Connected With Shipping and Navigation; Shipbreaking; BallastWater
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Chapter 776 — MaritimePilots and Pilotage
2009 EDITION
MARITIMEPILOTS AND PILOTAGE
SHIPPINGAND NAVIGATION
GENERALPROVISIONS
776.015 Definitions
776.025 Descriptionof bar and river pilotage grounds
776.035 Findings
776.045 Deckofficer requirements
OREGONBOARD OF MARITIME PILOTS
776.105 OregonBoard of Maritime Pilots; term; qualifications; appointment; quorum
776.115 Powersand duties of board; rules; fees
776.118 Additionalauthority of board
776.123 Subpoenas
776.126 Inspectionof premises, ship or facility
776.129 Administrativelaw judge for rate hearings; recommendations from other agencies; assessingcosts and expenses of hearing
LICENSING;COMPENSATION; LIABILITY
776.300 Traineelicense; qualifications; assignment for training; rules
776.311 Organizationslicensed to train pilots
776.325 Qualificationsof licensees
776.355 Licensefees; rules
776.357 Maximummaritime pilot license fee
776.365 PilotAccount; uses
776.375 Disciplinaryproceedings; administrative procedures; judicial review
776.405 Licenserequired; exemptions
776.415 Compensationof licensees determined by law
776.425 Authorityof licensees generally; compensation
776.435 Refusingservices of licensee; liability for pilotage fee
776.445 Liabilityof certain persons for licensee’s compensation
776.455 Exhibitionof license on boarding vessel
776.510 Declarationof legislative intent relating to liability of licensees, trainees andorganizations
776.520 Tariffslimiting liability of licensees, trainees or organizations
776.530 Licensees,trainees and organizations not liable for certain acts or omissions
776.540 Securityrequired of licensees and trainees; conditions of bond; limitation of liability
PENALTIES
776.880 Civilpenalties
776.991 Criminalpenalties
776.010 [Repealed by1957 c.448 §27]
GENERALPROVISIONS
776.015Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Board” means the Oregon Board of Maritime Pilots.
(2)“Licensee” means an individual licensed under ORS 776.115.
(3)“Organization of pilots” means any legal entity or association to whichlicensees belong as members, or with which licensees are associated, that isformed for cooperative performance of functions including, but not limited to,the dispatching of licensees and trainees, collection of pilotage fees,ownership and operation of pilot boats, distribution of earnings of licenseesand trainees, and education and training so as to facilitate the rendition ofpilotage services by individual licensees and trainees.
(4)“Pilotage,” “piloting” or “to pilot” means the actions of a licensee or traineein assisting the master of a vessel under ORS 776.405 while the vessel is on,approaching or departing a pilotage ground, and the associated communicationwith the vessel.
(5)“Trainee” means a person the board has licensed under ORS 776.300 and who hasmet the requirements of ORS 776.540. [1957 c.448 §1; 1981 c.88 §2; 1983 c.330 §1;1993 c.741 §110; 1993 c.796 §1; 2001 c.403 §1]
776.020 [Repealed by1957 c.448 §27]
776.025Description of bar and river pilotage grounds. Except as maybe established by the Oregon Board of Maritime Pilots under ORS 776.115 (3),bar and river pilotage grounds shall be as follows:
(1)The Columbia River bar pilotage ground extends from the uppermost dock or wharfat the Port of Astoria or Knappton to the open sea in at least 30 fathoms ofwater.
(2)The Columbia and Willamette River pilotage ground extends from the lowermostdock or wharf at the Port of Astoria to the head of navigation on the Columbiaand Willamette Rivers and their tributaries.
(3)The Coos Bay bar pilotage ground extends from the head of navigation on CoosBay and its tributaries to the open sea in at least 30 fathoms of water.
(4)The Yaquina Bay bar pilotage ground extends from the head of navigation onYaquina Bay and its tributaries to the open sea in at least 30 fathoms ofwater. [1957 c.448 §2; 1993 c.741 §112b; 1993 c.796 §1a]
776.030 [Repealed by1957 c.448 §27]
776.035Findings.The Legislative Assembly finds that:
(1)In order to implement the policies described and inherent in ORS 196.420,273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274, it is necessary toestablish precautionary measures.
(2)Only individuals who have experience and can demonstrate knowledge of currents,tides, soundings, bearings and distances of the shoals, rocks, bars, points oflandings, lights and fog signals should direct a large vessel on certain watersof this state. [1991 c.234 §2; 1997 c.16 §2]
776.040 [Repealed by1957 c.448 §27]
776.045Deck officer requirements. (1) All vessels required by ORS 776.405 (1) toengage a licensee under this chapter shall, at all times while underway uponany of the pilotage grounds established under ORS 776.025 or 776.115, have atleast two licensed deck officers on the navigation bridge of the vessel, one ofwhom meets the requirements of ORS 776.405 (1).
(2)The only duties of the licensed deck officer required under ORS 776.405 (1)shall be to monitor and direct safe navigation of the vessel during transit onthe waters of this state. [1991 c.234 §4; 1993 c.796 §2]
776.050 [Repealed by1957 c.448 §27]
776.060 [Repealed by1957 c.448 §27]
776.070 [Repealed by1957 c.448 §27]
776.080 [Repealed by1957 c.448 §27]
776.090 [Repealed by1957 c.448 §27]
776.100 [Repealed by1957 c.448 §27]
OREGONBOARD OF MARITIME PILOTS
776.105Oregon Board of Maritime Pilots; term; qualifications; appointment; quorum. (1) The OregonBoard of Maritime Pilots is established within the Public Utility Commission ofOregon, and shall consist of nine members appointed by the Governor for termsof four years. The appointments of members of the board are subject toconfirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(2)Three members of the board shall be public members, one of whom shall act aschairperson of the board. The public members of the board may not:
(a)During the preceding five years or during their terms of office, have anyinterest in the ownership, operation or management of any tugs, cargo orpassenger vessels or in the carriage of freight or passengers by vessel;
(b)During the preceding five years or during their terms of office, have anyinterest in any association or organization represented under subsection (4) ofthis section or principally comprised of persons engaged in commercial pursuitsin the maritime industry as described in paragraph (a) of this subsection inany capacity; or
(c)Hold or have held a maritime pilot license issued by any state or federalauthority.
(3)Three members shall be licensees under this chapter. One member shall be aColumbia River bar licensee, one member shall be a Columbia River licensee andone member shall be a Coos Bay or Yaquina Bay licensee. A licensee membershall:
(a)Have been licensed for more than three years under this chapter;
(b)Be actively engaged in piloting; and
(c)Be a resident of this state.
(4)Except as provided in subsection (5) of this section, three members of theboard shall, for at least three years immediately preceding their appointment,have been and during their terms of office be engaged in the activities of aperson, as defined in ORS 174.100, that operates or represents commercialoceangoing vessels.
(5)The Governor may appoint a past or present employee or commissioner of a portto serve on the board in lieu of one of the operators or representatives of acommercial oceangoing vessel under subsection (4) of this section.
(6)(a)The majority of members shall constitute a quorum for the transaction of allbusiness if at least one member of each group, as described in subsections (2),(3) and (4) of this section, is present.
(b)Notwithstanding paragraph (a) of this subsection, when the board fixes pilotagefees under ORS 776.115 (5) a quorum shall consist of seven members.
(c)Notwithstanding paragraph (a) of this subsection, for purposes of ORS 192.610to 192.690 a quorum shall consist of five members.
(7)The commission may appoint a member of the commission, or a designee, as anonvoting, ex officio member of the board.
(8)(a)The commission is responsible for the administrative oversight of the board.The responsibilities of the commission include, but are not limited to:
(A)Budgeting;
(B)Financial management;
(C)Record keeping;
(D)Staffing;
(E)Purchasing and contracting;
(F)Collecting fees; and
(G)Compliance with rulemaking procedures set forth in ORS chapter 183.
(b)In consultation with the board, the commission shall:
(A)Fix the qualifications of and appoint an administrative officer for the board;and
(B)Subject to the State Personnel Relations Law, fix the compensation of theadministrative officer. [1957 c.448 §3; 1963 c.580 §93; 1967 c.401 §8; 1969c.314 §102; 1971 c.753 §41; 1981 c.88 §3; 1987 c.414 §89; 1987 c.775 §4; 1993c.741 §111; 1993 c.796 §3; 2005 c.508 §1; 2007 c.768 §63]
776.110 [Repealed by1957 c.448 §27]
776.115Powers and duties of board; rules; fees. The Oregon Board of Maritime Pilotsshall:
(1)Fix the manner of calling and fixing the places of meetings and hold at leastone meeting each calendar year.
(2)Provide for efficient and competent pilotage service on all pilotage grounds,and regulate and limit the number of licensees and trainees under this chapter,such number of licensees and trainees to be regulated and limited to the numberfound by the board to be required to render efficient and competent pilotageservice. The primary consideration of the board is public safety. If a proposedrule would result in the significant limitation of competition among licenseesor pilot organizations that exist in this state on January 1, 1991, the boardshall first make a determination that the proposed rule is essential to protectthe safety of the public.
(3)Establish and fix the boundaries of pilotage grounds not described in ORS776.025.
(4)In accordance with the applicable provisions of ORS chapter 183, establish byrule a licensing system for persons licensed to pilot, for persons licensed astrainees and for pilot organizations who train persons to pilot, including butnot limited to provisions prescribing:
(a)The form and content of and the times and procedures for submitting anapplication for license issuance and renewal. The pendency of an investigationshall not affect the renewal process.
(b)The term of license of a pilot and the annual license fee, subject to themaximum annual license fee established pursuant to ORS 776.357.
(c)The requirements for and the manner of testing competency of licenseapplicants.
(d)Those actions or circumstances that constitute failure to achieve or maintaincompetency or that otherwise constitute a danger to public health and safetyand for which the board may refuse to issue or renew a license, may suspend orrevoke a license or may reprimand a licensee.
(e)Classes of licenses that specify the size of vessels the licensee is authorizedto be trained to pilot or to pilot on those river pilotage grounds for whichthe trainee or pilot is licensed.
(5)(a)Fix, at reasonable and just rates, pilotage fees, extra fees for vessels indistress, fees for extraordinary pilotage services, fees for a licensee ortrainee being carried to sea unwillingly and reimbursement for the return to stationor for the detention of a licensee or trainee, except that pilotage fees shallnot be less inbound or outbound on vessels, propelled in whole or in part bytheir own power, than the following:
(A)Between Astoria and Portland or Vancouver, $2.50 per foot draft and 2 cents pernet ton;
(B)Between Astoria or Knappton and the sea, $3 per foot draft and 2 cents per netton;
(C)Between Yaquina Bay and the sea, $3 per foot draft and 2 cents per ton; and
(D)Between Coos Bay and the sea, $2.50 per foot draft and 2 cents per ton.
(b)In fixing fees pursuant to paragraph (a) of this subsection, the board shallgive due regard to the following factors:
(A)The length and net tonnage of the vessels to be piloted.
(B)The difficulty and inconvenience of the particular service and the skillrequired to render it.
(C)The supply of and demand for pilotage services.
(D)The public interest in maintaining efficient, economical and reliable pilotageservice.
(E)Other factors relevant to the determination of reasonable and just rates.
(6)Conduct or authorize the holding of hearings. In so doing the board or theadministrative law judge may issue subpoenas pursuant to ORS 776.123, conductinvestigations pursuant to ORS 776.126, administer oaths, take depositions andfix the fees and mileage of witnesses.
(7)Adopt any rule or make any order, as set forth in ORS chapter 183, for theeffective administration and enforcement of this chapter.
(8)Establish rates pursuant to subsection (5) of this section, for a period of notless than two years, that continue in effect until a subsequent hearingprocess. Rates may include automatic adjustment provisions to reflect changingeconomic conditions. [1957 c.448 §4; 1981 c.88 §5; 1983 c.313 §5; 1987 c.158 §157;1987 c.775 §3; 1991 c.234 §8; 1993 c.741 §112; 1993 c.796 §4; 2003 c.75 §110;2003 c.619 §1; 2007 c.621 §1; 2009 c.280 §4]
776.118Additional authority of board. In addition to its authority under ORS776.115, the Oregon Board of Maritime Pilots may:
(1)Establish pilotage requirements for all single boiler or single engine andsingle screw tank vessels carrying oil in pilotage grounds;
(2)Review and, if appropriate, reduce deadweight tonnage specifications forpilotage service for vessels carrying oil;
(3)Establish regional speed limits, based on escort vehicle limitations, for alltank vessels in inland navigable waters and critical approaches to inlandnavigable waters; and
(4)Establish a program for a near-miss reporting system. [1991 c.651 §21; 1993 c.796§5]
776.120 [Repealed by1957 c.448 §27]
776.123Subpoenas.(1) The Oregon Board of Maritime Pilots may issue subpoenas to compel theattendance of witnesses and the production of records, documents, books,papers, memoranda or other information necessary to conduct an investigationunder ORS 776.115, 776.375 or 776.405.
(2)If a person fails to comply with a subpoena issued under this section, a judgeof the circuit court, on the application of the board, shall compel obedienceby instituting proceedings for contempt in the same manner