Or. Admin. R. 856-010-0003 - Definitions
(1) "Barge" - A
general term for a heavy, flat bottomed, often rectangular vessel used to carry
cargo, usually in sheltered and inland waters but also, sometimes at sea;
usually pushed or towed by tug. By U.S. Government definition, barges are any
non-self propelled vessels other than houseboats and dredges.
(2) "Loaded tanker" - A tanker whose mean
draft equals or exceeds 80 percent of its maximum allowable draft, or whose
mean draft exceeds 30 feet.
(3)
"Ocean-going vessel" - Any ship actively engaged in carrying cargo or
passengers for hire in offshore navigation between ports.
(4) "Pilot" - An individual licensed pursuant
to ORS Chapter 776 and any individual who had notified the board that the
individual is in a pilot trainee status.
(5) "Pilotage" - The act or business of
piloting. Also the fee paid for a pilot's services.
(6) "Piloting" - The act of assisting the
master of a vessel in navigating the vessel while it is underway on a pilotage
ground.
(7) "Licensed physician" -
Means an individual who holds a degree of Doctor of Medicine or Doctor of
Osteopathy and has a valid license issued by the Oregon Medical Board or the
Washington Medical Quality Assurance Commission.
(8) "Ship" - A floating, decked vessel that
is self-propelled and regularly carries cargo or passengers for hire or is
engaged in military purposes in deep water oceanic navigation. Deep water
oceanic navigation is navigation in seas beyond the territorial jurisdiction of
the United States.
(9) "Ship turn"
- For purposes of OAR 856, Division 15, "ship turn" is defined as meaning
turning a ship in the Willamette River from a generally upstream orientation to
a generally downstream orientation, or from a generally downstream orientation
to a generally upstream orientation, which may be made with or without the aid
of a tug or towboat.
(10) "Tank
barge" - A barge with double bottoms designed to transport liquids.
(11) "Tanker" - A vessel specially
constructed for carriage of bulk liquids including, but not limited to,
petroleum and its products, chemicals and liquified natural gas.
(12) "Transit" - For purposes of OAR 856,
Division 15 a "transit" is a complete trip over part of the Columbia and
Willamette River pilotage ground, with one end of the trip at Astoria and the
other end at Portland or Vancouver harbor. A transit also includes any
combination of trip segments between ports or anchorages, which together begin
at Astoria and end at Portland or Vancouver harbor, or begin at Portland or
Vancouver and end at Astoria.
(13)
"Trip" - Any instance of travel by a vessel under the direction of a pilot as
required by ORS 776.405 between two points on
any of the pilotage grounds defined by 776.025(1) through (4).
(14) "Tug"; "towboat"; "towing vessel" - A
commercial vessel of small tonnage which is engaged in or intending to engage
in the service of pulling, pushing or towing alongside or any combination of
pulling, pushing or towing alongside.
(15) "Unlimited state-licensed pilot" - An
individual who holds an Oregon license to pilot a vessel without any
restriction or limitation.
(16)
"Upper harbor in Portland" - That portion of the pilotage ground defined by ORS
776.025(2)
lying on the Willamette River between the St. Johns Bridge and the Ross Island
Bridge.
(17) "Vessel" - Includes
every description of water craft, including nondisplacement craft, used or
capable of being used as a means of transportation on water, except that, for
the purposes of ORS 776.405(1)(a),
and the board operations fee authorized by Oregon Laws 2013, Chapter 539, a
barge is not a vessel.
(18)
"Working pilot" - An unlimited state-licensed pilot who regularly provides
piloting services for compensation pursuant to the published tariff.
(19) "Pilot apprentice trainee" - For
purposes of OAR 856-015-0025, an individual who
does not meet the experience requirements of
856-015-0023, and who has been
certified by the Board to enter the Apprentice Training Program.
(20) "Pilot trainee" - For purposes of OAR
856-015-0025 and
856-015-0020, an individual who
meets the experience requirements of
856-015-0023.
(21) For the purposes of ORS
776.600(1)(a),
the following definitions apply;
(a) "Vessel
Assistance" or "Assisting the vessel," means:
(A) Use of a vessel;
(B) Through mechanical means for:
(i) Pushing the vessel being
piloted;
(ii) Pulling the vessel
being piloted; or
(iii) Towing
alongside the vessel being piloted, when the assist vessel is tethered to the
vessel being piloted and helping to guide it; and
(C) With navigational changes, or when
maneuvering.
(b)
Financial Interest means:
(A)
Income;
(B) Honoraria or other
payment for services;
(C) Equity,
including but not limited to:
(i) Stock
options; and
(ii) Stock, excluding
stock in a company that owns boats or equipment assisting ships on the Coos Bay
bar pilotage ground or the Yaquina Bay bar pilotage ground and is registered on
a national securities exchange; or
(iii) Other security representing ownership
interests; and
(D)
Royalties.
(c) Entering
the Bay means:
(A) Transiting from any point
along a line drawn from the seaward extremity of the Coos Bay South Jetty to
the seaward extremity of the Coos Bay North Jetty;
(B) to a point inside Coos Bay when and where
the first mooring line is made fast from the vessel being
(d) Exiting the Bay means:
(A) Departing from a point inside Coos Bay
when and where the last mooring line is let go from a terminal or pier to the
vessel being piloted;
(B) to any
point along a line drawn from the seaward extremity of the Coos Bay South Jetty
to the seaward extremity of the Coos Bay North Jetty.
(e) Emergency means:
(A) An unforeseen development that imposes an
immediate hazard to the safety of the vessel, the passengers, the crew, the
cargo, property, or the maritime environment, requiring urgent action to remove
or mitigate the hazard; or
(B) A
circumstance when a scheduled assist vessel fails to arrive, is impaired, or
becomes otherwise unavailable.
(C)
The pilot assigned is unexpectedly, physically or mentally incapacitated, less
than 24 hours before the vessel is scheduled to be piloted.
(D) Any other unforeseen circumstance or
unforeseen set of circumstances that will cause a vessel that is scheduled to
arrive or sail within 24 hours to miss a tidal window, and which can be
mitigated by using an additional assist vessel.
(22) Distress - For the purposes of ORS
776.115(5)(a),
Distress means a situation wherein there is reasonable certainty that a person,
a vessel or other craft is threatened by grave and imminent danger and requires
immediate assistance.
(23)
Detention (Stand-by). Detention is the delay of a pilot for any period of time
in excess of that normally required to commence or terminate pilotage services.
Detention shall specifically include the detaining of a pilot aboard a vessel
or craft after the termination or during interruption of services; and the
interval between reporting for duty as ordered and the actual time of
commencement of pilotage.
(a) Commencement
(A) When anchoring for any reason whatsoever,
when anchor is let go.
(B) After
arrival at a shore structure or other moorings; when the order is given
"finished with engines", or when tugs are dismissed from tow.
(C) The time a pilot is ordered to report to
the vessel by the person ordering the services and the pilot reports as
ordered.
(b) Termination
(A) When departing from anchorage; the time
when anchor is aweigh.
(B) When
adequate facilities are provided and are ready for the pilot to leave the
vessel.
(C) The time a pilot gives
the first orders relative to commencement of regular pilotage
service.
(c) Detention
shall not include any additional time required to pilot the vessel or craft by
reason of any act of God, or any other force majeure acting directly on the
vessel itself, but shall include, however, without limitation, delays or
additional time occasioned by fog or adverse weather; breakdown of the vessel,
its machinery and equipment; impassability of the waterway being traversed;
conditions requiring the pilot to reduce speed or engage in unusual maneuvers
to delay the arrival of a vessel at berth or anchorage; operating a vessel
under reduced boiler capacity (or reduced horsepower); and time lost in
standing by or anchoring because the vessel cannot be moored; or for any other
reason apart from normal pilotage.
(24) Extraordinary Pilotage Services - Means
pilotage services that include a trip east of the Glenn L. Jackson Memorial
Bridge.
Notes
Statutory/Other Authority: ORS 776.115
Statutes/Other Implemented: ORS 776.115
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