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Repealed Eff.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Repealed Eff.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Repealed Eff.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 maintenance of efficient pilot service for the river and bar requires a number of pilots in accordance with the following:  The commission shall license a number of pilots not to exceed one pilot per 98 piloted vessel arrivals annually or fraction thereof.  Piloted vessel arrivals annually shall be determined by a five consecutive calendar year average and can be calculated at any time using the five previous calendar years.  The then current active pilots shall continue to serve with the Commission's power of reduction to be effective only in the case of natural attrition except as provided in G.S. 76A-15.

(b)  The apprentice system established in Rule .0121 of this Chapter shall be used to fill vacancies in the pilotage service except in the case of extreme emergency, such as incapacity by accident, sickness or death. In such emergency, the Commission may issue, upon recommendation of a majority vote of the association, one or more limited licenses for such term as may be necessary.

 

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

Eff. December 1, 1985;

Amended Eff. August 1, 2000.

 

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 a limited license and approved by a majority vote of the commission, the applicant shall be issued an Apprentice Pilot's Certificate.  He shall be known as an apprentice pilot during apprenticeship.

(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, but not limited to:

(1)           rules of the road;

(2)           use of compass and navigate aids;

(3)           set of various currents;

(4)           boarding of vessels in heavy weather;

(5)           bearing of noted objects;

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

(7)           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 traversing the same.

(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.  Prior to advancing from one limited license to the next, a majority of the association must sign the limited license, thus 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.

(f)  An apprenticeship may be terminated at any time there is a finding by the commission that progress is not being made or any of the requirements set forth in Paragraph (a) have been violated.  A majority of the association may recommend termination of an apprenticeship.

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

(1)           an applicant must satisfy all statutory requirements for a Full License;

(2)           an applicant must hold a Pilot's License issued by the Coast Guard;

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

(4)           an applicant must be approved by majority of the commission;

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

(6)           the applicant shall not be a child, sibling, or grandchild of a pilot.

(h)  Upon the successful completion of the apprentice pilot training program and the requirements for a full licensed pilot, the 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 full licensed pilots, the apprentice next in line shall be appointed to that vacancy.  If he declines, his name shall be stricken from the waiting list.  During this interim, between the expiration of the limited license and waiting for a vacancy, the apprentice shall be required to make an average of two boardings per month under the supervision of a full 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.

 

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)  Immediately 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 one hundred twenty hours of the pilot reaching his destination (the port inbound ‑ sea buoy outbound), the pilot shall submit to the commission a written narrative report including appropriate sketches and diagrams.

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

 

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

Eff. December 1, 1985.

 

04 NCAC 15 .0124             MOVEMENT OF VESSELS

(a)  All vessels carrying ammunition, liquified gas, or other explosive material designated class "A" by federal law or regulation:

(1)        that are inbound shall calculate their estimated time of arrival at the sea buoy between the hours of thirty minutes before sunup and one hour before sunset if designated for Sunny Point and two hours before sunset if designated for the Wilmington docks.

(2)        that are outbound shall not sail earlier than thirty minutes before sunup and not later than one hour before sunset if bound from Sunny Point and two hours before sunset if bound from the Wilmington docks.

(3)        shall sail only under such weather and tide conditions that will permit safe passage.

(4)        may be permitted in case of emergency to sail during nighttime hours with the approval of the commission or its designated agent.  Such a request with the emergency reasons shall be made immediately in writing to the commission.  The commission or its designated agent may prescribe special conditions for such movement.

(5)        shall obtain written permission from the Coast Guard before entering the Wilmington docks.

(b)  All vessels not subject to Paragraph (a) may sail when ready at all hours, weather and tide conditions permitting, in the sole discretion of the pilot.

 

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

Eff. December 1, 1985.

 

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 will be considered by the commission at the first regular meeting after March 1 of the year in which the rate revision is requested.

(c)  The public shall be notified of any rate revision and its effective date by at least the following methods:

(1)        publication in all 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.

 

04 NCAC 15 .0128             FEES

Each pilot shall pay to the commission one‑fourth of one percent of every pilotage fee received.  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.

 

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).