CHAPTER 15 ‑ COMMISSION OF NAVIGATION AND PILOTAGE

FOR THE CAPE FEAR RIVER AND BAR

SECTION .0100 - NAVIGATION AND PILOTAGE FOR THE CAPE FEAR RIVER AND BAR

04 NCAC 15 .0101 JURISDICTION OVER NAVIGATION

04 NCAC 15 .0102 PILOT DEFINED

04 NCAC 15 .0103 NUMBER OF PILOTS

04 NCAC 15 .0104 VALIDATION OF EXISTING LICENSES

04 NCAC 15 .0105 ANNUAL RENEWAL OF LICENSES

04 NCAC 15 .0106 FILLING VACANCIES

04 NCAC 15 .0107 APPLICATION AND LICENSING OF PILOT'S APPRENTICES

04 NCAC 15 .0108 CANCELLATION: REVOCATION: AND SUSPENSION OF LICENSES

04 NCAC 15 .0109 JURISDICTION OVER DISPUTES AS TO PILOTAGE

04 NCAC 15 .0110 VESSELS REQUIRING PILOT'S ASSISTANCE

04 NCAC 15 .0111 VESSELS: WHEN TUGBOAT ASSISTANCE REQUIRED

04 NCAC 15 .0112 EXPLOSIVE LADEN VESSELS AND THEIR MOVEMENT

04 NCAC 15 .0113 PAYMENT OF FEES TO BOARD

04 NCAC 15 .0114 RULE MAKING PROCEDURE

04 NCAC 15 .0115 ADMINISTRATIVE APPEAL PROCEDURE

History Note: Authority G.S. 76‑1; 76‑3 through 76‑7; 76‑10; 76‑11; 76‑13; 143A‑6; 150A‑23;

Eff. February 1, 1976;

Amended Eff. July 10, 1982; February 5, 1981; May 18, 1979; February 1, 1977;

Repealed Eff. December 1, 1985.

04 NCAC 15 .0116 PILOTAGE RATES

History Note: Filed as a Temporary Rule Eff. March 12, 1982, for a period of 120 days to expire on

July 10, 1982;

Authority G.S. 76A‑17; 143A‑6;

Eff. July 10, 1982;

Repealed Eff. January 1, 1986.

04 NCAC 15 .0117 EXTENSION OF VALIDATION OF EXISTING LICENSES

History Note: Filed as a Temporary Rule Eff. March 12, 1982, for a period of 120 days to expire on

July 10, 1982;

Authority G.S. 76A‑5; 76A‑6; 143A‑6;

Repealed Eff. July 10, 1982.

04 NCAC 15 .0118 DEFINITIONS

For purposes of this Chapter, the following definitions apply:

(1) The term "association" shall mean the Wilmington Cape Fear Pilots Association.

(2) The term "Coast Guard" shall mean the United States Coast Guard.

(3) The term "commission" shall mean the Cape Fear Navigation and Pilotage Commission.

(4) The term "pilot" shall mean a Full Licensed Pilot as established by G.S. 76A‑6(2).

(5) The term "river and bar" shall mean the Cape Fear River and Bar to the extent of navigation aids.

(6) The term "Sunny Point" shall mean the Military Ocean Terminal at Sunny Point.

History Note: Authority G.S. 76A‑1; 76A‑5; 76A‑6; 76A‑13;

Eff. December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.

04 NCAC 15 .0119 NUMBER OF PILOTS

(a) The commission shall license a number of pilots not to exceed one pilot per 98 piloted vessel arrivals annually or fraction thereof, subject to G.S. 76A-14. Annual piloted vessel arrivals shall be calculated by averaging the number of piloted arrivals during the five immediately-preceding calendar years.

(b) The apprentice system established in Rule .0121 of this Chapter shall be used to fill vacancies in the pilotage service except in emergencies, such as the incapacity of one or more licensed pilots due to accident, sickness, or death. In such emergency, the Commission may issue one or more limited-licenses for such term as is necessary to alleviate the emergency, based upon the number of licensed pilots whose capacity is unimpaired, the number of piloted vessel arrivals and departures, and any recommendation of a majority vote of the association. The association's recommendation shall be based on the qualifications of the candidate seeking a limited license, including the candidate's experience, agility, knowledge of the local waters, U.S. Coast Guard certifications, and other skills required to perform the duties of a limited-licensed pilot.

History Note: Authority G.S. 76A‑1; 76A‑5; 76A‑13; 76A‑14;

Eff. December 1, 1985;

Amended Eff. August 1, 2000;

Readopted Eff. December 1, 2018.

04 NCAC 15 .0120 ANNUAL RENEWAL OF LICENSE

Each pilot who desires to renew his license shall present a written application for renewal to the commission at its regular meeting immediately preceding May 1 of each year. That application shall include the results of a physical examination conducted within 60 days prior to the date of the application and a bond in the amount of five hundred dollars ($500.00) from two freehold sureties. The results of the physical examination shall be reported on the form required by the Coast Guard for the issuance of an original federal pilot's license. If the application is satisfactory, the commission shall issue a license effective May 1.

History Note: Authority G.S. 76A‑1; 76A‑5;

Eff. December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.

04 NCAC 15 .0121 APPRENTICESHIP

(a) In order to be considered for an appointment as an apprentice pilot, an applicant shall:

(1) provide evidence of graduation from a maritime college or regionally-accredited four-year college or university or hold a valid Third Mate's Unlimited Ocean license;

(2) not have been convicted of a felony;

(3) provide evidence of 20/20 visual acuity uncorrected or corrected by lens;

(4) provide evidence of being able to distinguish colors by means of the Stilling Test or other equivalent test accepted by the Coast Guard;

(5) provide three personal references;

(6) provide evidence of passing a complete physical examination in the form required by the Coast Guard for the issuance of an original federal pilot's license; and

(7) be a citizen and resident of North Carolina.

(b) If determined by a majority vote of the association that the applicant has demonstrated the knowledge and skill necessary to obtain an apprentice pilot's certificate and if approved by a majority vote of the commission, the applicant shall be issued an apprentice pilot's certificate. He or she shall be known as an apprentice pilot during apprenticeship. No member of the association who is a parent, sibling, or grandparent of an applicant shall participate in the discussion or voting by the association in recommending whether to approve the application for an apprentice pilot's certificate.

(c) Under the direct supervision of a pilot, an apprentice pilot shall become proficient in all matters appertaining to the duties of a pilot, including:

(1) the rules of the road as defined by the USCG;

(2) the use of compass and navigational aids;

(3) the set of various currents;

(4) boarding of vessels in heavy weather;

(5) the bearing of noted objects;

(6) the number, shapes, and colors of buoys; and

(7) the use of radar and ranges.

(d) An apprentice pilot shall make such boarding and trips and perform such duties as directed by a pilot in order to master the waters of the river and bar to master the handling of the various vessels that will be under the command of a pilot as they travel inbound from the ocean to the port of call and outbound from the port of call to the ocean.

(e) A limited license may be issued to an apprentice pilot by the commission upon a determination by a majority of the association that the applicant has demonstrated the knowledge and skill necessary to obtain a limited license and after consideration of the factors set forth in Paragraph (c) of this Rule. Prior to advancing from one limited license to the next, a majority of the association shall have signed the limited license, certifying progressive development of the knowledge and skill necessary for a limited license. The commission may issue the next limited license upon a determination by a majority of the association that the applicant has demonstrated the knowledge and skill necessary to obtain that limited license and after consideration of the factors set forth in Paragraph (c) of this Rule. No member of the association who is a parent, sibling, or grandparent of an applicant shall participate in the discussion or voting by the association in recommending whether to issue a limited license to the applicant.

(f) An apprenticeship may be terminated at any time there is a finding by the commission that progress is not being made as set forth in Paragraphs (c) through (e) or any of the requirements set forth in Paragraph (a) have been violated. A majority vote of the association shall be required in ordered to present these proposed findings to the commission and recommend termination of an apprenticeship. No member of the association who is a parent, sibling, or grandparent of an applicant shall participate in the discussion or voting by the association in recommending whether to terminate the applicant's apprenticeship.

(g) In order to be considered for an appointment as a pilot:

(1) an applicant shall have satisfied all statutory requirements for a full license;

(2) an applicant shall hold a pilot's license issued by the Coast Guard;

(3) an applicant shall not have been convicted of a felony;

(4) an applicant shall be recommended by a majority of the association and have been approved by a majority of the commission;

(5) there shall be a vacancy in the number of pilots established pursuant to Rule .0119 of this Chapter; and

(6) no member of the association or commission who is a parent, sibling, or grandparent of an applicant shall participate in the discussion or voting when considering whether to appoint an applicant as a fully licensed pilot.

(h) Upon the successful completion of the apprentice pilot training program and the requirements for a fully licensed pilot, an apprentice pilot shall then be placed on the apprentice pilots waiting list in the order in which they complete all such requirements. When a vacancy occurs in the number of fully licensed pilots, the apprentice next in line shall be appointed to that vacancy. If he or she declines, his or her name shall be stricken from the waiting list. During this interim between the expiration of the limited license and the occurrence of a vacancy, the apprentice shall be required to make an average of two boardings per month under the supervision of a fully licensed pilot.

History Note: Authority G.S. 76A‑1; 76A‑5; 76A‑6; 76A‑12; 76A‑13;

Eff. December 1, 1985;

Amended Eff. August 1, 2000;

Readopted Eff. December 1, 2018.

04 NCAC 15 .0122 DISCIPLINARY ACTIONS AGAINST PILOTS

No pilot shall:

(1) be intoxicated or under the influence of any drug while on duty; or

(2) be convicted of a felony; or

(3) be permanently incapacitated, physically or mentally, from the performance of his duties as a pilot; or

(4) refuse his duties.

History Note: Authority G.S. 76A‑1; 76A‑5; 76A‑13; 76A‑15;

Eff. December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.

04 NCAC 15 .0123 INCIDENTS OR ACCIDENTS INVOLVING PILOTS

(a) Following any marine incident or accident involving a vessel in charge of a pilot, the pilot in charge of the vessel shall give an oral report to the commission chairman or other member if the chairman is not available. Within 120 hours of the pilot reaching his or her destination (the port inbound ‑ sea buoy outbound), the pilot shall submit to the commission a written narrative report. Sketches and diagrams may be used to explain the situation if the pilot feels their use would be helpful, including aerial photos of the waters and area used by the ship while under pilotage, nautical maps, sounding charts, or any other visual aid to explain or describe the marine incident or accident.

(b) The commission shall investigate such occurrence in accordance with G.S. 76A‑5(d).

History Note: Authority G.S. 76A‑1; 76A‑5;

Eff. December 1, 1985;

Readopted Eff. December 1, 2018.

04 NCAC 15 .0124 MOVEMENT OF VESSELS

History Note: Authority G.S. 76A‑1; 76A‑5;

Eff. December 1, 1985;

Repealed Eff. December 1, 2018.

04 NCAC 15 .0125 PILOT ARRANGEMENTS

(a) A pilot assigned to a vessel sailing from Sunny Point shall arrive at the Main Gate in adequate time to be on board the vessel in time to make preparations for its departure.

(b) It shall be the responsibility of the Command at Sunny Point to provide adequate and prompt transportation to and from the Main Gate and the vessel's gangway or to provide a permit to the pilot allowing him to provide his own transportation to and from the Main Gate and the vessel's gangway.

(c) The commission shall cooperate with the Command at Sunny Point to ensure the pilots of prompt access to Sunny Point, and to ensure the safe and timely movement of all vessels entering or leaving Sunny Point.

History Note: Authority G.S. 76A‑1; 76A‑5;

Eff. December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.

04 NCAC 15 .0126 WHEN TUGBOAT ASSISTANCE REQUIRED

Every vessel over sixty gross tons shall have the assistance of a tug (or tugs) while transiting the Cape Fear Memorial Bridge and any other bridge north of that bridge. "Approaching" a bridge is defined as being that point in the river at which it becomes reasonably necessary for the tug (or tugs) to be alongside the vessel in order to have the vessel under control prior to transiting the bridge. Additionally, prior to the time at which the tug (or tugs) begins to exert an influence on the vessel, the pilot aboard the vessel shall relinquish control of the vessel to the docking master controlling the tug (or tugs). This transfer of authority shall occur at a point in the river agreed upon by the pilot and docking master. However, if the docking master refuses to accept control of the vessel for any reason, it shall be the duty of the pilot to retain control of the vessel.

History Note: Authority G.S. 76A‑1; 76A‑5;

Eff. December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.

04 NCAC 15 .0127 PILOTAGE RATES

(a) Requests for rate revisions shall be submitted in writing to the secretary of the commission before February 1 of the year in which the rate revision is requested.

(b) Proposed rate revisions shall be considered by the commission at the first regular meeting after March 1 of the year in which the rate revision is requested.

(1) publication in at least two Wilmington area newspapers;

(2) posting at the State Ports Authority Building of the N.C. State Ports Authority at Wilmington; and

(3) written notification to the N.C. Shipping Association.

(d) Rate revisions shall be effective July 1 of the year in which the rate is revised by the commission.

History Note: Authority G.S. 76A‑1; 76A‑17;

Eff. December 1, 1985;

Readopted Eff. December 1, 2018.

04 NCAC 15 .0128 FEES

The pilots association shall pay to the commission one‑fourth of one percent of every pilotage fee received by every fully licensed, limited-licensed, or apprentice pilot that is licensed or certified by the commission. Such payment shall be made on the 10th day of each quarter for the pilotage fees received the preceding quarter.

History Note: Authority G.S. 76A‑1; 76A‑24;

Eff. December 1, 1985;

Readopted Eff. December 1, 2018.

04 NCAC 15 .0129 COMMISSION HEARINGS

History Note: Authority G.S. 76A‑1; 76A‑5; 76A‑15; 76A‑24; 150B‑12; 150B‑23;

Eff. December 1, 1985;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).